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TOWN OF LOS ALTOS HILLS November 8, 1995
Staff Report to the Planning Commission
RE: LOT LINE ADJUSTMENT
27641 Purissima Road (LANDS OF MORRISON)
FROM: Curtis Williams, Planning DireM'
RECOMMENDATION That the Planning Commission:
Recommend approval of the lot line adjustment to the City Council,subject to the
applicant's submittal of a plat map (prepared by a registered engineer or licensed
surveyor) prior to the Town's recordation of a certificate of compliance, and
subject to conditions to provide appropriate access and utility easements (or
declaration of easements) to Parcel 1.
DISCUSSION
The applicant has requested a lot line adjustment of two existing legal lots at
27641 Purissima Road. The intended purpose of the lot line adjustment is to
create two buildable parcels out of the two existing lots, one of which is very
small and narrow, and could not currently accommodate development. The
relevant lot sizes and allowable development area for each lot, before and after
adjustment, are listed below:
Parcel 1 Parcel 2
Lot Area Before Adjustment 11.74 acres 0.19 acre
Lot Area After Adjustment 10.86 acres 1.09 acres
LUF After Adjustment 8.18 1.02
MDA After Adjustment 87,424 sf 14,625 sf
MFA After Adjustment 44,377 sf 5,950 sf
Please note that there is a slight (0.02 acre) discrepancy between the total
"before" and "after" acreage, apparently caused by rounding some of the figures.
Code Requirements
Review authority for lot line adjustments is outlined in Section 66412(d) of the
State's Subdivision Map Act, which states that:
Planning Commission: November 8, 1995
LLA: Morrison
Page 2
"A local agency shall limit its review and approval to a
determination of whether or not the parcels resulting from the lot
line adjusment wills conform to local zoning and building
ordinances. A local agency shall not impose conditions or
exactions on its approval of a lot line adjustment except to
conform Ito local zoning and building ordinances..."
The Town's Codes do not address lot line adjustments, but the standard Town
process includes a public hearing before the Planning Commission, and Council
consideration as a New Business item. After approval, the lot line adjustment is
effectuated by the recordation of a grant deed and a certificate of compliance.
Analysis
The existing site is a total of 11.93 acres, with an average slope of 20.7%. Deer
Creek runs through the property parallel to Purissima Road, andthe site is
immediately adjacent to the Lindy property which was recently the subject of
subdivision review. The driveway to the site enters from Purissima Road
directly across the street from the Elena Road intersection.
Parcel 1 currently includes two-story residence, a guest house, a barn and
stable, a tennis court, a pool, a volleyball court, and a few sheds on the site, with
a total existing development area of 33,184 square feet and a total floor area of
5,728 square feet. No non-conforming setbacks would be created by the lot line
adjustment. Parcel 2 is currently undeveloped, except for a small portion of the
driveway to Parcel 1, which would be encompassed within an ingress/egress
easement over Parcel 2.
The two resultant parcels would each meet the Town's Zoning Code
requirements for lot size and LUF, and demonstrate a 160-foot building circle
(although that is a Subdivision Code requirement only). Other Zoning Code
requirements, such as the setback from the creek, would be applied at the time of
site development review.
Existing Parcel 2. Legal Lot Status
Staff's primary concern with the proposal has been whether or not the existing
Parcel 2 (0.19 acre) is a legal lot. If it is not, a lot line adjustment would not be
appropriate, and a subdivision would be required. The State's Subdivision Map
Act, however, provides that any parcel separately and legally created, either
through a subdivision or by deed with a metes and bounds description, is to be
considered "legal" and a city must provide a Certificate of Compliance to that
effect, if requested by the property owner. Staff has required extensive research
by the property owner to demonstrate how and when the 0.19 acre parcel was
l
created, and has determined the following:
Planning Commission: November 8, 1995
LLA: Morrison
Page 3
• The original subdivision of the area (Taaffe Partition) occurred in 1894,
including the creation of lots numbered 48 and 49 on Purissima Road;
• In 1898, a 20-foot wide portion of lot 48 was deeded from Mary and
Matilda Taaffe to C.E. Perkins, the owner of lot 49, creating the current lot
configuration;
• After subsequent changes in ownership, in 1945 the two lots were deeded
from Hills, et al to Keith and Clare Dalton;
• In 1952,the Daltons deeded the property to John and Ruth Morrison; and
• In 1965, the Morrisons deeded right-of-way along Purissima to the State.
The City Attorney has reviewed all of the pertinent information, and concurs that
the "sliver" lot is legal, and may be the subject of a lot line adjustment. The
relevant property description from the title report is attached, outlining the
boundaries of the two existing lots.
Under State law, no conditions are to be placed on a Certificate of Compliance if
the lot was created as a subdivision; however, if created by grant deed, the
Town may place conditions, but only to the extent such conditions would have
been required at the time of the creation of the lot (in this case, 1898). As a
result, the only conditions the Town may be able to apply at this time are to
require that the new configuration provide legal access (shown by the
ingress/egress easement) and appropriate utility easements for the benefit of
Parcel 1. These are recommended conditions of the Certificate of Compliance.
Future Development
Staff is also greatly concerned about the future development of Parcel 2 and of a
future subdivision of Parcel 1. Parcel 2 is highly constrained by the creek and
creek setback area covering the rear third of the property, other setbacks,
including a 30 foot setback from the access easement, extensive tree cover, and
potential septic system limitations. A lot line adjustment and certificate of
compliance only document the legality of the lot, and the applicant should be
aware that whether the lot is buildable, according to the Town's Zoning and Site
Development Codes, has not been determined at this time.
Similarly, the applicant has not provided an outline of a future subdivision of
Parcel 1, so that the feasibility of roadway and lot layouts has not been
determined. It is apparent that access to the remaining property, in particular,
may be highly constrained by the lot line change, and subdivision may even be
precluded due to access or other limitations.
A note will be included on the certificate of compliance indicating that the
certificate documents only the legal status of the lots, and that further
development of the lots will be subject to the Town's Subdivision, Zoning and
Site Development regulations.
Planning Corn ission: November 8, 1995
LLA: Morrison
Page 4
CONCLUSION
The proposed lot line adjustment would result in lots':which will be consistent
with the Town's Zoning Code, and other zoning, site development and building
requirements would be applied to any future development. The Planning
Director and the City Attorney have determined that the existing 0.19 acre parcel,
despite its unusp al size and sape, is a legal parcel and therefore the existing lot
lines may be adjusted. Upon approval, the applicant must submit to the Town a
copy of a plat map, as pre ared by a registered civil engineer or licensed
surveyor, and the Town will prepare a certificate of compliance for recordation,
which indicates that the lot lirie adjustment was approved.
ATTACHMENTS
Title Report Property Descriptions
Applications
!
1
OLD REPUBLIC TITLE COMPANY
ORDER NO. 417537
The land referred to in this Report is situated in the County of Santa Clara, City of The Town of Los
State of California, and is described as follows: Altos Hills,
•
PARCEL ONE:
LOT 48, as shown upon that certain Map entitled, "Map of the Subdivision of Lot
2 and part of Lot 1 of the Taaffe Partition in the Rancho La Purissima
Concepcion, as recorded in Book "E" of Maps, Pages 118 and 119c Records of Santa
Clara County", which Map was recorded June 25, 1894 in the Office of the County
Recorder of the County of Santa Clara, State of California, in Volume "H" of
Maps, Pages 76 and 77.
EXCEPTING THEREFROM that c'ertain parcel of land granted in the Deed from John C.
Morrison, et ux to the State of California, dated May 21, 1965 recorded June 9,
1965 in Book 6987 of Official Records, Page 36 and more particularly described
as follows:
•
COMMENCING at the Northwesterly corner of Parcel 3 as said Parcel 3 is shown
upon that certain Map Entitled, "Record of Survey for Otto Brubaker", filed for
record on October 31, 1960 in Book 127 of Maps, at Page 4, in the Office of the
Recorder of Santa Clara County; thence along the Northwesterly line of said
Parcel 3, North 69 degrees 18' 36" East, 40.96 feet; thence from a tangent that
bears North 21 degrees 37' 12" West along a curve to the right, with a radius of
470.00 feet, through an angles of 9 degrees 29' 10", an arc length of 77.82
feet; thence North 12 degrees 08' 02" West, 418.78 feet to the line common to
the lands, now or formerly of John C. Morrison et ux and Mission Lodge No. 169
Free and Accepted Masons of the State of California; thence along last said
line south 69 degrees 18' 36", West 60.31 feet to the center line of Purissima
Avenue, as said avenue is shown upon that certain Map entitled, "Map of the
Subdivision of Lots 2 and part of Lot 1 of the Taaffe Partition in the Rancho La
Purissima Concepcion, filed for record June 23, 1894 in Volume "H" of Maps, at
Pages 76 and 77 in the Office of the Recorder of Santa Clara County; thence
along last said line South 47 degrees 11' 24" East, 7.30 feet, South 16 degrees
26' 24" East, 165.60 feet, South 23 degrees 15' 16" West, 130.04 feet, and South
33 degrees 25' 15" East, 232.06 feet to the point of commencement.
PARCEL TWO:
BEGINNING at a 3" x 4" redwood stake on the most Easterly boundary of Lot 2 of
said Taaffe Partiton at the common corner of Lots 48 and 49 of the Subdivision
of Lot 2 and part of Lot 1 of said Taaffe Partition, as said Easterly boundary
of said Lot 2 and said Lots 48 and 49 are shown upon the Map hereinafter
referred to, and running thence along the line between Lots 48 and 49, South 68
degrees 30' West 16.43 chains to station 80, a point in the center line of
Purissima Avenue, being also the common corner of said Lots 48 and 49; thence
along the center line of said Purissima Avenue North 48 degrees 13' West 13 1/2
Page 3 of 7 Pages
.
OLD REPUBLIC TITLE COMPANY
ORDER NO. 417537
I
links; thence leaving said P rissima Avenue and running parallel with the line
between said Lots 48 and 49, North 68 degrees 30' East 16.49 chains to the
intersection with the most Easterly boundary of said ;Lot 49; thence South 21
degrees 30' East 12 links to the place of beginning and being a portion of Lot
49 as shown upon that certainlMap entitled, "Map of the Subdivision of Lot 2 and
part of Lot of the Taaffe Partition in the Rancho La Purissima Concepcion as
recorded in Book "E" of Maps, 1Pages 118 and 119, Records of Santa Clara County",
which said Map was recorded June 25, 1894 in the Offi!Ice of the County Recorder
of the County of Santa Clara, State of California, in Volume "H" of maps, Pages ,
76 and 77,
EXCEPTING THEREFROM that certain parcel of land granted in the Deed from John C.
Morrison, et ux, to the Statelof California, dated May 21, 1965 recorded June 9,
1965 in Book 6987 Official Records, Page 36.
175-43-035
14010
td/tr/ss
A 175-43-35
5-18-88
.
II
Page 4 of 7 Pages
r n-r ..wry r
TOWN OF LOS ALTOS HILLS
26379 Fremont Road • Los Altos Hills, California 94022 • (415)941-7222 • FAX (415)941-3160
PLANNING DEPARTMENT
APPLICATION FOR PROJECT REVIEW
1. PROPERTY DESCRIPTION: •• Please print or type ••
Street Address
27641 PURISSIMA ROAD
Assessor's Parcel Number Please Check One: Sewer
175-43-035 Septic
Lot(s)Number Tract or Parcel Map Number
N/A N/A
2. PROJECT DESCRIPTION:
New Residence,etc.
LOT LINE ADJUSTMENT
3. PROPERTY OWNER:
Name of Legal Owner •
RUTH B. MORRISON
Mailing Address Zip
27641 PURISSIMA ROAD LOS ALTOS HILLS CA 94022
Home Phone Work Phone
( 415 ) 948-6984 ( 415 ) 323-0069
Agent's Name Phone •
GIULIANI AND KULL INC. ( 408 ) 257-6446
Mailing Address Zip
20431 STEVENS CREEK BLVD CUPERTINO CA 95014
4. HES AND DEPOSITS:
Planner will complete this section. Fees and deposits, payable to the Town of Los Altos Hills, are required
to process all Planning applications.
. Fee Deposit
Real Estate Review:
Geologist:
Zoning:
Site Development: Receipt# -8 Boy.
LL f i 1610.E 9,050 .00 File# s 3
51111
5. SIGNATURE OF OWNER(S) OR AGENT:
Please note Agent requires letter of authorization from owner
I, the undersigned owner or authorized agent of the property described above, hereby make an
application for the purposes set forth above in accordance with the provisions of the City
Ordinances, and I hereby certify that the information given is true and correct and to the best of my
knowledge and belief.
Signatur Date
•
Revised 11/19/91. • LDJ: MAC HD/OR1GINALS/l'L.ANNING/Planning Application