Provided here for public information is the Landwatch San Luis Obispo County position on the Hearst Corp Request for lot line adjustment. LandWatch appealed this request in writing.
It is thoughtfully researched, written and based on the Law.
Landwatch San Luis Obispo County is a non-profit organization working to promote sound land use legislation and resource protection in San Luis Obispo County FOR THE PEOPLE.
ATTACHMENT TO APPEAL OF LOT LINE ADJUSTMENT
BY LANDWATCH SAN LUIS OBISPO COUNTY
The proposed lot line adjustment requires a general plan amendment because it
changes the use of land in proposed parcel 1 by creating 24.35 acres of
commercial retail land use and 69.25 acres of recreation land use.
Government Code section 65850 authorizes a city or county to regulate land use by
adoption of an ordinance. Changes in land use are a legislative decision and can be made
only through an amendment of the zoning ordinance. City of Sausalito v. County of
Marin (1970) 12 Cal.App. 3d 550, 564.
The proposed lot line adjustment is more than an adjustment of lines – it includes
changes in the use of the land by creating 24.35 acres of commercial retail land use and
69.25 acres of recreational land use in the Old San Simeon Village area of proposed
parcel 1. Page 1-21 of the February 2, 2009 staff report states that while the Hearst
Conservation Plan allows a 110-unit motel and associated infrastructure at Old San
Simeon Village (which includes the shoreline of San Simeon Cove), the land use
designations of the current Local Coastal Program do not allow a motel at that location
and that the proposed hotel or motel could not be developed without an LCP amendment.
This statement is misleading at best. At page 1-3 the staff report makes it clear that the
current action – the lot line adjustment – will change land uses to accommodate
development of a motel or hotel by increasing the existing .17 acre Parcel 1 commercial
retail area to over 93 acres of Commercial Retail and recreational land use categories
both of which, according to Table O, accommodate motels, hotels, bed and breakfasts,
bars and restaurants, and retail sales of food and beverages as a principal permitted uses.
If this lot line adjustment is allowed, the necessary land use designation changes will
already be accomplished without the required LCP amendment and no later general plan
amendment will be needed.
The applicant also relies on the pretext of moving a commercial retail land use
designation from one area of the Hearst Ranch to another as if the impacts of commercial
retail and recreation land use categories and the urban development allowed in those
categories would be the same no matter where it was located.
A lot line adjustment cannot be used to change land use designations.
The changes in land use require the legislative amendment of the Coastal Zone Land Use
Ordinance accompanied by analyses of consistency with the Local Coastal Plan and
public notice, opportunity to comment and public hearings for general plan amendments.
The County should deny the lot line adjustments as they are proposed and require the
applicant to properly apply for an LCP amendment to make the proposed land use
changes.
1
The application submitted by Hearst Holdings was significantly incomplete in that
the question “[W]hat will the property be used for after division” was not
answered.
In its Land Division Application, the applicant left a blank after the question “[W]hat will
the property by used for after division.” The failure to provide specific information about
what the applicant intends to do with the property after the lot lines are adjusted and after
over 93 acres of commercial retail and recreational land uses have been created has
translated into multiple violations of the Coastal Act, and the San Luis Obispo County
Local Coastal Program. Even though the June 17, 2008 letter from Hearst representative
Roger Lyon to Airlin Singewald indicated that potential future uses include those allowed
under the newly sited 93 acres of commercial retail and recreation land use designations,
no specific uses were identified in the County’s staff report and no analyses of those uses.
Land Use Ordinance section 23.02.022 requires the planning director to determine
whether a land use permit application is complete and, when the application is
incomplete, to notify the applicant by letter the parts of the application that are
incomplete. Instead of properly requiring the critical information of “what the property
will be used for after division”, the County accepted and processed the incomplete
application as if the blank space on the page meant that the planned uses don’t exist.
The Subdivision Review Board failed to analyze whether the whole project as
contemplated by the applicant and as facilitated by the lot line adjustment and
land use changes is consistent with the Local Coastal Program.
As a result of the applicants failure to disclose on its application what the land would be
used for after the lot line adjustments, analysis of the conformance of the project with the
LCP was treated by the Subdivision Review Board as if the lot line adjustment and land
use changes affect only the paper they are mapped on, as if they are not connected to any
planned development or land uses that would be facilitated by the lot adjustments and
unlawfully changed land use designations.
The staff report’s analyses of the projects consistency with Coastal Plan Policies support
a finding of consistency with each policy on the ground that “the proposed lot line
adjustment would not result in new development on the project site.”
Because it is assumed that the lot line adjustment and adjunct land use changes will not
result in any new development, no analyses of the conformance of the whole project as
contemplated are provided. This assumption prevails throughout the staff report analyses
even though a June 17, 2008 letter from Hearst Holdings representative Roger Lyon
states explicitly that the applicant intends to develop the land as allowed by the new
commercial retail and recreation land use categories.
The application submitted by Hearst Holdings was incomplete with the result that
the public and decision makers were denied information required for an informed
decision making process.
2
Real Property Division Section 21.02.030 requires specific information that must be
included in an application for a lot line adjustment. This section requires the applicant to
locate, indentify and draw to scale all existing structures, wells, septic tanks, driveways
and other improvements located on the original parcels. These structures were not
located, identified or drawn to scale on a map.
The application must provide the locations, purpose and width of all existing and
proposed easements. While the June 17, 2008 letter from Roger Lyon to Project Manager
Airlin Singewald suggests that the County view descriptions of the entire Hearst Ranch
Conservation Easement at named internet sites, what is called for is a mapping and
discussion of the easements that affect the land involved in the lot line adjustments and
land use changes and no such map and discussion was provided.
The North Coast Area Plan was last updated in 1988 and it is impossible to make a
finding of consistency with an antiquated General Plan.
The North Coast Area Plan is over 20 years old and contains no current baseline resource
data on which findings of consistency with resource protection requirements can be
made. This antiquated Area Plan is inadequate and ineffective. The Courts have held
that it is impossible to find a project to be consistent with an outdated and inadequate
general plan and the lot line adjustment should thus be denied until the North Coast Area
Plan is updated to contain, among other things, current baseline resource and
environmental data.
The proposed lot line adjustment and changes in land use designation are
inconsistent with the North Coast Area Plan.
Even if the North Coast Area Plan is considered to be adequate, the proposed lot line
adjustment and changes in land use designation are not consistent with that current plan.
For example, and among other inconsistencies, the North Coast Area Plan (page 32) calls
for approximately three acres of development while the lot line adjustment and land use
changes create 93 acres of commercial retail and recreational development. The NCAP
calls for the total development within that area to include the Sabastian Store due to its
historical significance and for renovation of existing historic structures to “develop the
overall character of a historic village.” The uses described for Old San Simeon do not
include a hotel but a hostile or camp ground.
In addition, page 1-2 of the February 2, 2009 Subdivision Review Board staff report
states that while the lot line adjustment is consistent with the private conservation
easement placed on the Hearst Ranch, the 100 unit hotel and associated infrastructure
allowed by the easement is not allowed within the Local Coastal Program Land Use
Element. The staff report makes it clear that a general plan amendment would be
required to allow the hotel development. This statement recognizes the need for a
general plan amendment for approval of land use changes and shows that the land use
changes involving the creation of 93 acres of new commercial residential and recreation
land use designations have been approved unlawfully as an adjunct of the lot line
adjustments.
3
The application submitted by Hearst Holdings was incomplete with the result that
the public and decision makers were denied information required for an informed
decision making process.
Real Property Division Section 21.02.030 requires specific information that must be
included in an application for a lot line adjustment. This section requires the applicant to
locate, indentify and draw to scale all existing structures, wells, septic tanks, driveways
and other improvements located on the original parcels. These structures were not
located, identified or drawn to scale on a map.
The application must provide the locations, purpose and width of all existing and
proposed easements. While the June 17, 2008 letter from Roger Lyon to Project Manager
Airlin Singewald suggests that the County view descriptions of the entire Hearst Ranch
Conservation Easement at named internet sites, what is called for is a mapping and
discussion of the easements that affect the land involved in the lot line adjustments and
land use changes and no such map and discussion was provided.
The application submitted contained incorrect information.
In response to the General Application Form requirement to “[D]escribe current uses,
existing structures, and other improvements and vegetation on the property” the applicant
states the single word “vacant”. The land involved in the proposed lot line adjustment
and unlawful land use changes is not vacant. As described in the North Coast Area Plan
at page 4-8, and known by people who love San Simeon Cove and Point, the site of Old
San Simeon Village has multiple historic buildings including the Sebastian Store and
historic buildings associated with the development of Hearst Castle including historic
ware houses, a school house, and homes designed by Julie Morgan. The Sebastian Store
and the Post Office currently provide services to visitors and local residents.
This failure to describe uses, structures, improvements and vegetation served to limit the
discussion and analysis of the project’s consistency with the Local Coastal Program.
The project is in a sensitive resource area and the application did not include the
information required by Coastal Zone Land Use Ordinance (CZLUO) section
23.07.164 and sensitive resource areas were not analyzed.
Section 23.07.164 of the CZLUO requires the application to include “a description of
measures proposed to protect the resource identified by the Land Use Element (Part II)
area plan.” Even though the project is in a sensitive resource area, no measures are
proposed within the application to protect identified resources. This is linked to the
segmenting of the lot line adjustment and land use changes from the development they
will facilitate and to the fiction that the project will not result in new development.
Discussion of the project’s consistency with environmentally sensitive habitats concludes
that the project is consistent with this policy “because it would not facilitate new
development.” No authentic analyses supported by evidence in the record were provided
4
to show whether the project is consistent with requirements for protection of sensitive
resource areas.
The Subdivision Review Board did not analyze whether the project conforms to
mandatory standards.
Public Resources Code section 30604(b) states that a coastal development permit shall be
issued where the issuing agency or the coastal commission on appeal finds that the
proposed development conforms with the certified Local Coastal Program.
Section 21.02.030(d) of the San Luis Obispo County Real Property Division sets forth the
standard for approval of a lot line adjustment as follows:
The county shall limit its review and approval to a determination of whether or
not the parcels resulting from the lot line adjustment will conform to the general
plan, local coastal program, and zoning and building ordinances.
While ultimate findings of conformance with County ordinances and the Local Coastal
Plan were made, the findings were not based on analyses of evidence in the record.
In addition, according to the Planning Area Standards for the North Coast Area Plan,
standards are mandatory requirements that must be satisfied for a new land use permit to
be approved. Page 7-4. The County failed to analyze whether the proposed lot line
adjustment and land use changes conform to applicable mandatory standards including
but not limited to the following.
Areawide standard number 5 for North Coast rural areas requires land division
applications in areas visible from the public road must identify potential building site
envelopes. These building sites shall be in developable locations least visible from the
public road. The application submitted by Hearst Holdings did not identify potential
building site envelopes and conformance to this standard was not analyzed. In fact, as
mentioned in this appeal, the applicant did not even disclose what the property will be
used for after the lot line adjustment as required by the permit application.
Areawide standard number 9 is specific to the Hearst Ranch and requires Hearst Ranch
development proposals to include provisions for organized services with the most critical
identified as water supply, sewage disposal, and solid waste disposal. Even though the
lot line adjustment includes land use changes including designation of 93 acres of
commercial retail and recreation land uses, no provision for these critical services was
provided by the applicant or analyzed for conformance by staff.
Combining designation standard for sensitive resource areas number 9 requires
recreational uses to be situated to minimize adverse imipacts on marine resources. Even
though the lot line adjustment included the creation of 69 acres of recreation land use at
Old San Simeon Village, the specific site of that land use was not identified and no
analysis was provided to show that the siting of the recreational land use does not impact
the nearby marine resources.
5
6
Agriculture standard number 1 is specific to the Hearst Ranch and requires the following.
Any land division proposed in the agricultural portions of Hearst Ranch shall
satisfy the following criteria:
a. The division shall constitute an individually viable agricultural unit, or
b. The division shall improve the viability of adjacent holdings or serve a
necessary public service where it can be demonstrated that the division will not
otherwise significantly reduce the agricultural viability.
Commercial standards discussed on pages 7-8 and 7-9 of the Planning Area Standards for
the North Coast Area Plan limit the uses of the area within the proposed lot line
adjustment and describe phases within which development is to occur.
No analyses of whether the proposed lot line adjustment and land use changes conform to
the above mandatory standards is provided in the staff report. Consequently, the findings
that the lot line adjustment and land use changes conform to the general plan and North
Coast Area Plan are not supported by evidence in the record.
Based on the above, LandWatch San Luis Obispo County requests that the Board of
Supervisors uphold this appeal and deny the proposed lot line adjustment and coastal
development permit and recognize as void the unauthorized approval of land use changes
within the project area.
ADDENDUM TO
ATTACHMENT TO APPEAL OF LOT LINE ADJUSTMENT COAL 07-0070
BY LANDWATCH SAN LUIS OBISPO COUNTY
What follows is an addendum to the appeal submitted earlier today. The hard copy original of
this addendum will be mailed to the County Planning Department.
The proposed lot line adjustment requires a general plan amendment because it changes
the use of land in proposed parcel 1 by creating over 7 new acres of commercial retail
land use.
Government Code section 65850 authorizes a city or county to regulate land use by adoption of
an ordinance. Changes in land use are a legislative decision and can be made only through an
amendment of the zoning ordinance. City of Sausalito v. County of Marin (1970) 12 Cal.App. 3d
550, 564.
The proposed lot line adjustment is more than an adjustment of lines – it includes changes in
land use designations, more commonly known as zoning. The commercial retail land use
designation for the Hearst Ranch west of the highway at San Simeon Point and Cove in the
North Coast Area Plan is established as 17 acres. The proposed lot line adjustment adds over 7
new acres of commercial retail land use designation to this area.
A lot line adjustment cannot be used to change land use designations.
Changes in land use require the legislative amendment of the Local Coastal Program
accompanied by proper consistency analyses, public notice, opportunity to comment, and public
hearings for a general plan amendment. The County should deny the lot line adjustments because
they contain a buried change in land use.
This post was submitted by anne.