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HomeMy WebLinkAboutR-9050 Approving Tentative Map and Use Permit 1129 George St MS/A/ER 57-00 (SLO 00-045)U � RESOLUTION NO. 9050 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP AND USE PERMIT FOR MINOR SUBDIVISION LOCATED AT 1129 GEORGE STREET MS /A/ER 57 -00 (SLO 00 -045) WHEREAS, the City Council conducted a public hearing on June 6, 2000 and has considered testimony of interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; and WHEREAS, minor subdivisions with requests for exceptions require City Council review and approval; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. Retaining walls shall be constructed on Parcels 2 and 3 to avoid smothering the roots of trees to remain on the lots. Retaining walls shall be constructed in conjunction with driveway installation prior to recordation of the Parcel Map. The location of the retaining walls shall be subject to approval of the City Arborist. 2. Four inch perforated pipes shall be installed beneath filled areas to the satisfaction of the City Arborist to improve aeration and drainage for affected tree roots on Parcels 2 and 3. 3. Potential impacts to the Monterey pine will be reviewed by the City Arborist and City Council. If possible the tree should be retained. If the Council determines the tree should be removed in favor of sidewalk installation, two replacement street trees shall be planted as part of subdivision frontage improvements. 4. Lots resulting from this subdivision shall be designated as sensitive sites for purposes of architectural review to ensure that site development is compatible with existing development in the neighborhood in terms of building size, architectural design, spacing, privacy, useable outdoor open space and solar access. 5. To ensure continuity of neighborhood character in terms of the scale and pattern of existing development, and to minimize the need for grading on the sloped portions of the site, consistent with the residential development policies in the Land Use Element and the City's subdivision, zoning, and grading ordinances: R 9050 Resolution No. 9050 (2000 Series) Page 2 a) Development on each parcel shall be limited to a floor area of 1,800 square feet including the garage. Secondary dwelling units shall be prohibited on lots resulting from this subdivision. b) Development on each parcel shall be limited to a maximum building footprint of 1,250 square feet. c) Development on each site shall be limited to one two- bedroom house upon approval of a use permit for an exception to the reduction of density with slope. d) Each parcel shall provide a minimum of 750 square feet of useable outdoor open space in the form of decks, patios, and yards, outside of required setbacks with a maximum slope of 5% for yard areas and a minimum dimension of 10 feet at ground level and 6 feet above ground level. e) The maximum area that can be affected by grading cuts or fills on Parcels 2 and 3 shall not exceed 60% of the lot area, exclusive of the building footprint. Grading on Parcels 1 and 4 shall comply with City Grading standards and not exceed 60% of the lot area. f) Maximum building height, measured from actual grade and not from average grade, shall not exceed 25 feet to ensure compatibility with the scale of neighborhood development which is primarily single story.. g) Setbacks shall be as required by the zoning regulations, unless otherwise approved as part of architectural review for the purpose of protecting existing trees or minimizing grading. h) No parking exceptions shall be granted. 6. Mitigation measures 4 and 5 shall be noted on the parcel map. SECTION 2. Findings. That this Council, after consideration of a request to subdivide two lots into four lots with exceptions to the subdivision and grading ordinances and with a use permit request to allow an exception to density with slope per Zoning Regulation Section 17.16.010.A.l.vi, and staff recommendations, public testimony, and reports thereof, makes the following findings: Use Permit Exception to Reduced Density with Slope 1. There is surrounding development as dense as the density proposed for the parcels resulting from this subdivision. C I Resolution No. 9050 (2000 Series) Page 3 Minor Subdivision 2. As conditioned, the design of the tentative map and proposed improvements are consistent with the general plan and its policies which call for compact urban form and a variety of housing types compatible with the surrounding neighborhood. 3. As conditioned, the site is physically suited for the type and density of development allowed in the R -2 zone since project specific standards will limit the scale of development that can occur on each of the resulting parcels in this small -lot subdivision. 4. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, since all but one of the significant trees on site will be retained. 5. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. Exceptions to Subdivision Standards for Lot Area, Width, and Depth 6. The property to be divided is of such size or shape, or is affected by such topographic conditions, that is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title (Title 16, Subdivisions, of the SLO Municipal Code); and 7. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and 8. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and 9. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city. C" O Resolution No. 9050 (2000 Series) Page 4 Exception to Grading Standards 10. Site grading is subject to such conditions as will assure that the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.. 11.There are special circumstances applicable to the subject property and lots resulting from the proposed subdivision such that strict application of grading limitations would deprive the subject property of privileges enjoyed by other properties in the vicinity. Tree Removal 12. Removal of the Deodor Cedar on Parcel 2 is reasonable since it would obstruct proposed driveway improvements and since all other significant trees on the project site will be retained. Deferral of Sidewalk Installation 13. Deferral of sidewalk installation adjacent to the Monterey Pine on Parcel 1 is reasonable in order to avoid seriously damaging the tree. SECTION 3. Approval. The request for approval of the minor subdivision and use permit (MS /A 57 -00) to allow creation of four lots from two existing lots with exceptions to the Subdivision Ordinance Section 16.36.160 requirements for minimum lot width, depth, and area; and with an exception to the grading standards in the Construction Code Appendix Table A -33- Al to allow additional site grading; and to allow an exception to the reduction of density with slope per Zoning Regulations Section 17.16.010.A.l.vi, for property at 1129 George Street, is hereby approved subject to the following conditions: Conditions: 1. The subdivider shall dedicate additional necessary right -of -way to accommodate driveway ramps and sidewalks to the satisfaction of the Director of Public Works. 2. Improvements for parking and the means to convey utilities and drainage through the easement on parcel 4 shall be completed as part of the subdivision improvements. Any improvements crossing over proposed lot line should be eliminated or placed in an easement prior to recordation of the parcel map. 1 J Resolution No. 9050 (2000 Series) Page 5 3. The subdivider shall install curb, gutter and sidewalk to the satisfaction of the Public Works Director, except that in the immediate vicinity of the Monterey Pine tree, sidewalk installation shall be deferred subject to recordation of a covenant to the satisfaction of the Public Works Director. 4. The 8 -inch Coast Live Oak, Gray Pine, and Monterey Pine shall be retained and protected. ,Subdivision improvement plans and site development plans shall be subject to review and approval by the City Arborist for compliance with this condition. 5. The sewer laterals grouped together on George Street must provide adequate separation (approximately 3 feet center - center) at the point of connection to the public sewer main, to the satisfaction of the Utilities Dept. & Public Works Inspector. The laterals shall be extended to the respective parcels, as well as the other typical utilities, to the satisfaction of the Public Works Director. Code Requirements: 1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone & cable TV), to the satisfaction of the Director of Public Works. 2. Street trees shall be planted in conjunction with development of each parcel, with credit for existing trees, to the satisfaction of the City Arborist. 3. Traffic impact fees, per City ordinance, shall be paid at the time of building permits for new residences. 4. Utilities to new residences shall be underground. 5. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 6. The parcel map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. -all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 0 0 Resolution No. 9050 (2000 Series) Page 6 On motion of Council Member Romero seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6`h day of June 2000. Mayor Allen Settle APPROVED AS TO FORM: . r -7y tt e f rensen cam' z c LVI