HomeMy WebLinkAboutPC Resolution No. PC-5628-15 approvedRESOLUTION NO. PC-5628-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE
COMMUNITY DEVELOPMENT DIRECTOR TO APPROVE A TENTATIVE PARCEL
MAP FOR THE MINOR SUBDIVISION OF ONE PARCEL INTO FOUR PARCELS
WITH ONE REMAINDER PARCEL, AND ADOPTION OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROJECT
AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
SEPTEMBER 23, 2015 (159 BROAD STREET, AP-PC 32-14)
WHEREAS, on April 15, 2015, the Community Development Director of the City of
San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990
Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under application
MS 32-14, Michael Morris of Andre, Morris & Buttery, applicant; and
WHEREAS, on April 23, 2015, Cheryl McLean, a resident of Mission Lane in San Luis
Obispo, represented by Andrew Christie, Director of the Santa Lucia Chapter of the Sierra Club,
filed an appeal of the Community Development Director’s Decision approving the tentative map;
and
WHEREAS, on September 23, 2015, the Planning Commission of the City of San Luis
Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, for the purpose of considering the appeal of the decision of the
Community Development Director approving the tentative map, reviewing an initial study of
potential environmental effects of the project, and considering the adoption of a Negative
Declaration of Environmental Impact prepared for the project; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and evaluation and recommendations by staff
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence including the analysis provided by
staff through the staff report and oral presentation prepared for the project, the Commission
makes the following findings:
1. That the above recitals are true and correct and are incorporated herein by reference.
2. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan, including compatibility with the objectives, policies,
general land uses, and programs specified in the General Plan.
3. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
Resolution No. PC-5628-15
AP-PC 32-14 (159 Broad Street)
Page 2
4. The design of the tentative map is not likely to cause serious health problems, substantial
environmental damage, or substantially and unavoidably injure fish or wildlife or their
habitat, since the subdivision will occur on a developed site within an urbanized area.
5. The design of the subdivision will not conflict with easements for access through, or use of
property within, the proposed subdivision since required easements will remain in place
following the subdivision and will be applicable to the newly-created parcels; and code
requirements require the recordation of new easements and the relocation of utilities
wherever necessary to the satisfaction of the Community Development Director and Public
Works Department Director.
6. The proposed subdivision will not be detrimental to the health, safety, or welfare of those
working or residing in the vicinity. The property is not subject to fault rupture or landslide
hazards. Settlement and liquefaction hazards are addressed through site-specific
investigations and site preparation, and no development is proposed with this subdivision.
7. There are circumstances applying to the site, such as size, shape, or topography which do
not apply generally to land in the vicinity with the same zoning.
8. A variance allowing a minor relaxation of yard depth standards will not constitute a grant
of special privilege or entitlement inconsistent with the limitations upon other properties in
the vicinity with the same zoning. Minor relaxation of yard standards would be considered
for property in the same vicinity and zone under similar circumstances.
9. A variance allowing a minor relaxation of yard depth standards will not adversely affect the
health, safety, or general welfare of persons residing or working on the site or in the
vicinity. The buildings on the site are existing and subject to building and fire safety
standards and codes related to fire-resistant construction and emergency egress.
10. The Negative Declaration of Environmental Impact prepared for this project reflects the
independent judgement and analysis of the Community Development Department.
11. There is no substantial evidence that the project will have a significant impact on the
environment. The project involves no new physical development, no new land uses, no
changes in land use, and no modifications of land use restrictions. The project is limited to
the minor subdivision of a parcel into four parcels around existing single-family dwellings,
with a large designated remainder parcel. Construction activity associated with the project
is limited to minor improvements to the exterior walls of existing residences and to existing
curb ramps on improved rights-of-way. Any impacts would be “less than significant” as
discussed in the Initial Study conducted for this project.
SECTION 2. Environmental Review. The Community Development Department
conducted an initial study of the potential environmental effects of this project and determined
that the project would not have a significant effect on the environment. A Negative Declaration
of Environmental Impact was prepared and circulated for public review on August 20, 2015, and
a Notice of Intent to adopt a Negative Declaration was provided, in conformance to the
requirements of the California Environmental Quality Act (CEQA).
Resolution No. PC-5628-15
AP-PC 32-14 (159 Broad Street)
Page 3
SECTION 3. Action. The Commission hereby denies the appeal, adopts the proposed
Negative Declaration of Environmental Impact for the project, and upholds the decision of the
Community Development Director approving the tentative parcel map for the subdivision of one
parcel into four parcels with a remainder parcel at 159 Broad, subject to the following
conditions:
1. Improvements to residences: Prior to the recordation of the final map, the existing
residences will be modified as necessary to comply with applicable current building and
fire safety codes, particularly those related to fire-resistant construction and emergency
egress from rooms. Plans for permits to make these improvements shall clearly show the
new property lines between the existing buildings and specify materials of construction to
show compliance with building and fire safety codes and standards.
2. Fire-resistant construction: Plans submitted for improvements to residences for compliance
with building and fire safety codes will clearly demonstrate that building exterior walls and
projections comply with Table R302.1(1) of the California Residential Code (CRC).
Exterior walls less than five feet from property lines will be clearly specified to be
One-Hour Fire Rated Walls. Details will be shown on plans indicating the materials of
construction to justify the fire rating, including stud spacing and interior wall covering.
The extent of any projections will be clearly shown on building elevation and section
drawings, and compliance with the maximum allowed dimension into the proposed reduced
yard, as set forth in CRC Table R302.1(1) will be demonstrated. The fire rating will be
clearly detailed. No projections are allowed within two feet of the property line.
3. Emergency egress: Any windows of sleeping rooms that are replaced will conform to
current standards and requirements related to light and ventilation and emergency egress.
4. Window and door openings: Plans submitted for improvements to residences will clearly
indicate the percentage of window and door openings along property lines.
5. Guest Parking: Prior to recordation of the final parcel map, an exhibit will be submitted for
review by the Community Development and Public Works Departments depicting the
location and dimension of guest parking spaces required by Subdivision Regulations for
flag lot subdivisions (§16.18.060(F)). The guest parking space for each residence will be
located in a logical and consistent location and will be improved with a surface that is in
compliance with the City’s Engineering Standards for parking areas.
6. Depth of Other yards: The relaxation of “other yard” depth standards is limited to the yard
areas between the existing residences on the proposed Parcels (1-4) and the proposed
interior lot lines between them. The minimum depth required is reduced to the distance
between the existing building walls and the proposed interior lot lines, where the distance is
less than five feet, as depicted on the tentative map.
7. The subdivision shall be recorded with a parcel map. The parcel map preparation and
documentation shall be in accordance with the City’s Subdivision Regulations, Engineering
Standards, and the Subdivision Map Act. The parcel map shall use U.S. Customary Units
in accordance with the current City Engineering Standards.
Resolution No. PC-5628-15
AP-PC 32-14 (159 Broad Street)
Page 4
8. A separate subdivision improvement plan submittal is not required. The building plan
submittal may be used to show all required public and private subdivision improvements.
Improvements located within the public right-of-way will require a separate encroachment
permit and associated inspection fees based on the fee schedule in effect at the time of
permit issuance. A separate subdivision base improvement plan review fee and map check
fee will be required for the review of subdivision improvements in accordance with the
most current fee resolution.
9. Final lot line locations and building setbacks shall consider building allowable area
analysis, exterior wall protection, projections, exiting, and the location of building service
equipment in accordance with the uniform codes and to the satisfaction of the Building
Official. Any necessary analysis or exhibits shall be submitted for review and shall be
approved prior to recordation of the map.
10. The building plan submittal shall include the bearings and distances for all property lines in
accordance with the map. The final map shall show and label all survey monuments
located on the property. The plan shall show and label all existing and proposed public and
private easements along with any Public Utility Easements (PUE’s) in the favor of the
several wire utilities (PG&E, AT&T, Charter, etc.) and the Gas Company.
11. The subdivider shall record an irrevocable offer of dedication, in a form subject to the
approval of the City Attorney and Community Development Director, offering to City an
easement for public access by pedestrians and bicycles across Bressi Place from Serrano
Drive to the designated remainder parcel.
12. The subdivider shall record an irrevocable offer of dedication, in a form subject to the
approval of the City Attorney and Community Development Director, offering to City an
easement for public street purposes across Bressi Place from Serrano Drive to the
designated remainder parcel.
13. A separate building permit is required for any parking, access, utility, site, or drainage
improvements. The building plan submittal shall show all existing public and private
utilities and improvements shall be approved to the satisfaction of the Community
Development Director and Public Works Director prior to recordation of the parcel map.
Unless otherwise waived or deferred, the site and utility plans shall include drainage and
circulation improvements, water, sewer, storm drains, gas, electricity, telephone, cable TV,
and any utility company meters for each parcel if applicable. Any utility relocations,
demolitions, or other on-site work shall be completed with proper building permits and
receive final inspection approvals prior to recordation of the parcel map. Otherwise,
easements shall be prepared and recorded to the satisfaction of the Community
Development Director, Public Works Director, and the serving utility companies.
Easements may be recorded separately or as blanket easements
14. Any easements including, but not limited to, provisions for all public and private utilities,
access, grading, drainage, slope banks, construction, common driveways, bridge structures,
common utilities, and common drainage improvements shall be shown and referenced on
the final map and shall be recorded prior to, or concurrent with, the map recordation if
applicable. Said easements may be provided for in part or in total as blanket easements.
Resolution No. PC-5628-15
AP-PC 32-14 (159 Broad Street)
Page 5
Maintenance agreements shall be recorded for any common facilities prior to, or concurrent
with, the map recordation.
15. The building plan submittal shall show the Bressi Place and Serrano Drive street name
signs to be upgraded per City Standard #7250. The standard requires a reverse of the sign
colors between the public Serrano Drive and private Bressi Place street name signs.
16. A new curb ramp shall be required on the east corner of the entrance to Bressi Place. The
building plan submittal shall show the new curb ramp on the Bressi Place intersection with
Serrano Drive in accordance with City Engineering Standard #4440. The driveway
entrance may need to be narrowed to accommodate the ramp construction. The existing
westerly curb ramp shall be shown to comply with current City and ADA Standards or
shall be upgraded or replaced to comply.
17. The City’s Subdivision Regulations normally require complete frontage improvements
(curb, gutter and sidewalk, etc.) as a condition of subdivision. The City supports the
deferral of said improvements along the Broad Street frontage. A covenant agreement shall
be recorded for the deferral of the Broad Street frontage improvements in a format
provided by the City concurrent with, or prior to, final map recordation.
18. If additional parking spaces at the dead end of Bressi Place are needed to satisfy parking
requirements, or are proposed to provide additional parking, a parking easement shall be
recorded prior to, or concurrent with, the parcel map. The parking easement shall be
recorded on the Remainder parcel in favor of Parcels 1, 2, 3, and 4.
19. The informal parking area at the end of Bressi Place, and located partially within the
remainder parcel, shall be fenced off, landscaped, or otherwise delineated to preclude its
use as a parking area.
20. The final map, additional map sheet, and building plan submittals shall show the existing
encroachments from adjoining parcels, including the fence along the east side of the Bressi
Street entrance and the common fence along the northerly property line of Parcel 1.
21. The final map shall show the correct street widths for Serrano Drive and Bressi Place and
shall reference the associated offers of dedication, including the Grant Deed recorded in
Volume 1122, Page 419, of Official Records of the County of San Luis Obispo.
22. The building plan submittal shall include a topographic survey and shall include the
existing grading and drainage for the undeveloped upslope areas, developed parcels, and
private street for reference. The plan shall show any existing or proposed drainage
improvements, swales, pipes, inlets, etc. The plan shall show and reference any areas of
historic run-on or run-off. The plan shall show and reference the location of the existing
sump/low point(s) on Bressi Street and shall include any required improvements and
easements needed to maintain historic base flow and safe overflow areas.
23. The building plan submittal shall include a complete site utility plan for reference. The
plan shall show and label all public and private utilities, overhead wire utilities,
appurtenances, and utility company meters.
Resolution No. PC-5628-15
AP-PC 32-14 (159 Broad Street)
Page 6
24. The building plan submittal shall show all water meters to be upgraded by adding a
concrete collar in accordance with City Engineering Standard #6210.
25. The building plan submittal shall show the relocation of the electrical and telecom wiring
drops to Parcel 1 to eliminate the encroachment across proposed Parcel 4. If a mid-span
drop is not authorized by the serving utility companies, an additional joint utility pole or
undergrounding may be required. All work shall be completed to the satisfaction of the
respective utility companies and the Public Works Department.
26. The building plan submittal shall show all existing and proposed tree plantings for
reference. The plan shall include the species and diameter of each tree. The building plan
submittal shall show street trees along the private street as a condition of the subdivision.
Street trees are generally required at a rate of one 15 gallon street tree for each 35 linear
feet of frontage. One additional street tree shall be planted in the front yard planting area
on Parcels 1, 3, and 4. Tree species and planting requirements shall be approved to the
satisfaction of the City Arborist.
27. Each existing sewer lateral(s) serving the four existing residences to the point of connection
at the City main must pass a video inspection, including repair or replacement, as part of
the proposed subdivision project. The CCTV inspection shall be submitted for review and
approval by the Utilities Department and any necessary repairs shall be made prior to
recordation of the proposed subdivision.
28. Public utility easements shall be maintained across proposed residential parcels. A private
utility easement shall be established for the private sewer lateral from 161 Broad Street
(Assessor’s Parcel Number 001-016-001).
29. The Owner/Applicant shall defend, indemnify, and hold harmless the City or its agents,
officers, or employees from any claim, action, or proceeding against the City or its agents,
officers, or employees, to attack, set aside, void, or annul, in whole or in part, the City's
approval of this project.
On motion by Commissioner Multari, seconded by Commissioner Draze, and on the
following roll call vote:
AYES: Commissioners Draze, Fowler, Larson, Multari, and Riggs
NOES: Commissioners Dandekar and Malak
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 23 rd day of September, 2015.
_____________________________
Tyler Corey, Secretary
Planning Commission