HomeMy WebLinkAbout2024 04 22 - Item 1. SBDV-0362-2023 (3160 Johnson)MINOR SUBDIVISION AGENDA REPORT
FILE NUMBER: SBDV-0362-2023 FROM: Rachel Cohen, Senior Planner
PROJECT ADDRESS: 3160 Johnson Avenue BY: Hannah Hanh, Associate Planner
APPLICANT: Jordan Knauer
REPRESENTATIVE: Matt Cebulla of Cebulla Associates
Contact Hannah Hanh, Associate Planner at (805) 781-7432 or hhanh@slocity.org for more information.
1.0 PROJECT DESCRIPTION
Jordan Knauer (Applicant) has
applied for a Tentative Parcel Map
(SBDV-0632-2023, flexible lot
design subdivision) application to
subdivide an existing 0.57-acre lot
at 3160 Johnson Avenue in the
Low-Density (R-1) Zone (Figure 1
– Project Site). The project would
create four (4) parcels, ranging
from 6,092 to 6,653 square feet in
size, for single-family residential
development (Attachment B –
Tentative Parcel Map, Attachment
C – Project Plans). A common
easement is proposed for the
shared access, driveway, utilities,
drainage, etc.
This Tentative Parcel Map accompanies a Minor Development Review (ARCH-0631-2023) application
to develop each resulting parcel with a single-family residence, an accessory dwelling unit, and
associated site improvements such as access, landscaping, fencing, etc. To facilitate the overall project,
the existing single-family residence and any accessory structures would be demolished.
2.0 PREVIOUS / CONCURRENT REVIEWS
Tentative Parcel Map
On February 12, 2024, the Hearing Officer initially reviewed the Tentative Parcel Map (SBDV-0362-
2023) and continued the item to a date uncertain. The subdivision was continued to allow additional
review of the overall site design and to ensure that existing trees located on the adjacent, neighboring
properties would not be impacted by the proposed development. Based on the Hearing Officer’s
direction, the applicant revised the fencing and retaining wall locations on the project plans, in
accordance with a supporting Arborist Report, to avoid potential impacts to trees on neighboring
properties. As revised, the retaining walls would no longer encroach into the driplines of neighboring
Meeting Date: April 22, 2024
Item Number: 1
Figure 1 – Project Site
SBDV-0362-2023
3160 Johnson Avenue
Page 2
trees. No changes were made to the proposed property lines, easements, etc. for the Tentative Parcel
Map.
Development Review
In accordance with Section 16.17.030(A)(5) (Review Authority), the Architectural Review Commission
(ARC) reviewed the project for consistency with the Community Design Guidelines (CDG) as described
in Section 16.17.030(A)(4) (Neighborhood Compatibility). On February 5, 2024, the ARC reviewed the
accompanying Minor Development Review (ARCH-0361-2023) application and recommended the
Community Development Director (Director) find the project consistent with the CDG for building and
site designs, subject to the following considerations:
• Plant additional landscaping along the property lines shared with adjacent neighbors to provide
screening between the existing and proposed residences.
• Provide additional articulation through the use of architectural detailing, different paint colors,
or other features on elevations facing the adjacent neighbors.
• Consider the use of other natural colors in place of the proposed color palettes.
• Supportive of the height for the wood fencing and retaining wall combination as proposed.
Following the ARC’s review and recommendation, the Minor Development Review (ARCH-0361-2023)
was noticed for a decision by the Director.
To address directional items and concerns raised by the public at both the ARC Hearing and Minor
Subdivision Hearing, the Minor Development Review (ARCH-0361-2023) shall be conditioned to plant
additional landscaping for screening along property lines and to incorporate additional articulation on
building elevations facing the adjacent neighbors. To avoid impacting trees located on the neighboring
properties, the applicant has revised the locations of the fencing and retaining walls on the plans, and
additional tree protection measures shall be conditioned as part of the Minor Development Review
(ARCH-0361-2023).
3.0 EVALUATION
Per Section 16.08.050 (Tentative Parcel Maps), land divisions resulting in the creation of four (4) or
fewer parcels require a Tentative Parcel Map, and approval is subject to findings in Section 16.10.110
(Required Findings for Tentative Map Approval). Staff has evaluated the flexible lot design subdivision
against relevant standards and found it to be in compliance as discussed in the following analysis.
Consistency with the General Plan
The project site is located in the Low Density Residential (LDR) land use designation, which the Land
Use Element (LUE) describes as intended for uses such as single-family detached dwellings and
accessory dwelling units (Table 1 – General Plan Land Use Designations). In addition, Program 6.20 of
the Housing Element (HE) states that the City’s Subdivision Regulations would support small lot
subdivisions, ownership bungalow court development, and other alternatives to conventional subdivision
design.
As proposed, the Tentative Parcel Map is consistent with the intent of the land use designation and would
SBDV-0362-2023
3160 Johnson Avenue
Page 3
facilitate HE Program 6.20 by proposing a flexible lot design subdivision intended for single-family
development, as allowed in the preceding Elements of the General Plan.
Consistency with the Municipal Code
The project complies with requirements outlined in Section 16.17.030(A) (Flexible Lot Design
Subdivisions in the R-1 Zone – Purpose) of the Subdivision Regulations and Section 17.16.020 (R-1
Zone – Development Standards) of the Zoning Regulations, as summarized in Table 1 below. No
conflicts were identified, or exceptions requested, from the Subdivision Regulations or Zoning
Regulations.
Table 1 – Project Compliance with Subdivision Regulations and Zoning Regulations
Subdivision Design Standards Allowance or Requirement Proposed
Maximum Number of Lots Four (4) lots Four (4) lots
Minimum Lot Size 6,000 square feet 6,092 to 6,653 square feet
Access and Driveways
Easement or separate lot
commonly owned and managed
by homeowners’ association
Shared access easement
Zoning Development Standards Allowance or Requirement Compliant
Maximum Floor Area Ratio 0.4 Yes
Minimum Front Setback 20 feet Yes
Minimum Side Setback
5 feet for the first 12 feet in
height; incrementally increases to
11 feet at a maximum building
height of 25 feet
Yes
Minimum Rear Setback
5 feet for the first 12 feet in
height; incrementally increases to
11 feet at a maximum building
height of 25 feet
Yes
Maximum Building Height 25 feet Yes
Maximum Lot Coverage 40% Yes
Minimum Lot Area 6,000 square feet Yes
Minimum Number of Parking
Spaces
2 spaces for the first four (4)
bedrooms (includes offices) Yes
Maximum Fence Height
9 feet for combined fence and
retaining wall height as measured
from lower side
Yes
Environmental Determination The project is categorically exempt from environmental review
under Sections 15315 (Minor Land Divisions) and 15332 (In-
SBDV-0362-2023
3160 Johnson Avenue
Page 4
Fill Development Projects) of the CEQA Guidelines for the
residential subdivision and development, respectively.
The Tentative Parcel Map meets the findings for approval as outlined in Section 16.10.110 (Required
Findings for Tentative Map Approval) because the project is consistent with the General Plan and
complies with applicable standards in the Subdivision and Zoning Regulations (Attachment A – Draft
Resolution).
4.0 CONCURRENCES
The project has been reviewed by the Planning Division, Building Division, Engineering Division, Fire
Department, and Utilities Department. Recommended conditions of approval, including any information
on applicable application or code requirements, have been incorporated into the Draft Resolution
(Attachment A).
5.0 ENVIRONMENTAL REVIEW
The project is categorically exempt from environmental review under Section 15315 (Minor Land
Divisions) of the California Environmental Quality Act (CEQA) Guidelines because it includes the
subdivision of a residentially zoned property into four (4) parcels; is located in an urbanized area; is
consistent with applicable policies of the General Plan and development standards in the Zoning
Regulations; does not require variances or exceptions from the Subdivision Regulations; and all required
services and access to the proposed parcels to local standards are available and will serve the project.
Additionally, the existing parcel was not involved in a division of a larger parcel within the previous two
(2) years and does not have an average slope greater than 20 percent.
6.0 ACTION ALTERNATIVES
6.1 Approve the project based on the findings.
6.2 Continue the project. An action continuing the application should include direction to the
applicant and staff on pertinent issues.
6.3 Deny the project. An action denying the application should include findings that cite the
basis for denial and reference inconsistency with the General Plan, Subdivision Regulations,
Zoning Regulations, or other policy documents.
7.0 ATTACHMENTS
A. Draft Resolution
B. Tentative Parcel Map
C. Project Plans
DIRECTOR'S RESOLUTION NO. 24-XX
AN ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
THE CITY OF SAN LUIS OBISPO APPROVING A TENTATIVE PARCEL
MAP (SLO 23-0034) (FLEXIBLE LOT DESIGN SUBDIVISION) TO
SUBDIVIDE AN EXISTING PARCEL INTO FOUR (4) PARCELS WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
APRIL 22, 2024 (3160 JOHNSON AVENUE, SBDV-0362-2023)
WHEREAS, the Hearing Officer of the City San Luis Obispo conducted a public hearing
on February 12, 2024, for the purpose of considering a Tentative Parcel Map (flexible lot design
subdivision) to subdivide an existing parcel into four (4) parcels and continued the item to a date
uncertain with direction to the applicant and staff to address pertinent issues, pursuant to a
proceeding instituted under application SBDV-0362-2023, Jordan Knauer, applicant; and
WHEREAS, the Hearing Officer of the City San Luis Obispo conducted a public hearing
on April 22, 2024, for the purpose of considering a subsequent review of a Tentative Parcel Map
(flexible lot design subdivision) to subdivide an existing parcel into four (4) parcels pursuant to a
proceeding instituted under application SBDV-0362-2023, Jordan Knauer, applicant; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Community Development Director has duly considered all evidence,
including the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Community Development Director of
the City of San Luis Obispo as follows:
SECTION 1. Findings. The Community Development Director hereby grants final approval
to the project (SBDV-0362-2023), based on the following findings:
1. The proposed subdivision, together with provisions for its design and improvement, is
consistent with the General Plan, particularly the Land Use Element and Housing Element,
because it is a flexible lot design subdivision that would create parcels for single-family
development as allowed in the underlying the land use designation and facilitate Program
6.20 of the Housing Element as an alternative to the conventional subdivision design.
2. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision because the proposed residences have
been designed to exceed setback requirements, which would provide adequate distance
between buildings for natural ventilation and solar exposure.
ATTACHMENT A
SBDV-0362-2023
3160 Johnson Avenue
Page 2
3. The site is physically suitable to accommodate four (4) future single-family residences
because the proposed parcels satisfy the minimum lot area requirement, and the proposed
residences meet development standards for the Low-Density Residential (R-1) Zone.
4. The design of the subdivision would not cause serious health problems, substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat because the subdivision will occur in an urban area and on a site that has been
previously developed with a single-family residence. In addition, approval of the
subdivision does not grant any exceptions from the Subdivision Regulations, Zoning
Regulations, or applicable code requirements.
5. The design of the subdivision or type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision or with public access to public resources as defined and regulated by Section
66478.1 et seq. of the Government Code because the project site does not include public
access to public resources and is privately owned.
6. The approval of the subdivision as it relates to the housing needs of the region has been
considered and has balanced those needs against the public service needs of its residents
and available fiscal and environmental resources with favorable results pursuant to Section
66412.3 of the Government Code.
7. The approval of the subdivision requires that the subdivider shall defend, indemnify, and
hold harmless the city and its agents, officers and employees from any claim, action or
proceeding against the city or its agents, officers, or employees to attack, set aside, void or
annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review. The City shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review under Section 15315 (Minor Land Divisions) of the California
Environmental Quality Act (CEQA) Guidelines because it includes the subdivision of a
residentially zoned property into four (4) parcels; is located in an urbanized area; is consistent with
applicable policies of the General Plan and development standards in the Zoning Regulations; does
not require variances or exceptions from the Subdivision Regulations; and all required services
and access to the proposed parcels to local standards are available and will serve the project.
Additionally, the existing parcel was not involved in a division of a larger parcel within the
previous two (2) years and does not have an average slope greater than 20 percent.
SECTION 3. Approval. The Community Development Director does hereby approve the
Tentative Parcel Map (SLO 23-0034), subject to the following conditions:
ATTACHMENT A
SBDV-0362-2023
3160 Johnson Avenue
Page 3
Planning Division – Community Development Department
1. Approval of the Tentative Parcel Map (SBDV-0362-2023) is contingent upon approval of
the Minor Development Review (ARCH-0361-2023) for the construction of four (4)
single-family residences and associated site improvements.
2. The Parcel Map application shall be in substantial conformance with submitted information
for the Tentative Parcel Map (SBDV-0362-2023) and Minor Development Review
(ARCH-0361-2023) applications. The application for the Parcel Map shall demonstrate
compliance with the following conditions of approval.
3. The Parcel Map shall be recorded prior to final inspection for the construction of the single-
family residences associated with the Minor Development Review (ARCH-0361-2023)
application.
Engineering Division – Community Development / Public Works Departments
4. Park in-lieu fees shall be paid for each new dwelling unit prior to map recordation or at the
time of building permit issuance, whichever comes first. The fees shall be based on the fee
resolution in effect at the time. Credit for the removal of any lawful unit will be applied to
the final fee.
5. Any easements including, but not limited to, provisions for all public and private utilities,
access, grading, drainage, slope banks, construction, common driveways, and maintenance
of the same shall be shown on the Parcel Map and/or shall be recorded separately prior to
map recordation, if applicable. Said easements may be provided for in part or in total as
blanket easements.
6. An agreement for the shared common driveway, drainage, and utilities shall be prepared
and recorded concurrently with the Parcel Map. The agreement shall contain provisions for
maintenance by the owners sharing the easement area described in the agreement.
Additionally, parking shall not be permitted along the driveway or in front of the garages.
7. The Parcel Map may require a public pedestrian easement for the ADA sidewalk extension.
8. The subdivider shall dedicate a 10’ wide street tree and public utility easement across the
frontage of each parcel fronting Johnson Avenue. Said easement shall be adjacent to and
contiguous with all public right-of-way lines bordering each parcel.
9. The building plan submittal shall comply with all requirements and conditions of the
Development Review and Tentative Subdivision approvals.
10. The Parcel Map may be recorded prior to construction of the required public and/or private
subdivision improvements. If so, the map conditions or code requirements may be satisfied
by the preparation and approval of a subdivision improvement plan.
ATTACHMENT A
SBDV-0362-2023
3160 Johnson Avenue
Page 4
11. The building plan submittal showing all existing public and/or 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. Any utility
relocations, demolitions, and/or other on-site work shall be completed with proper permits
and receive final inspection prior to recordation of the Parcel Map.
12. A Stormwater Operations and Maintenance Manual and Private Stormwater Conveyance
Agreement shall be provided in conjunction with the development project. The stormwater
conveyance agreement shall be recorded separate or concurrent with the map recordation.
13. Unless otherwise approved by the City, all stormwater BMPs shall be located on private
property and not within the public right-of-way. If allowed within the right-of-way, a
separate encroachment agreement will be required, and may be recorded concurrent with
the Parcel Map.
Utilities Department
14. A private utility easement and agreement including, but not limited to, water and sewer
utilities shall be recorded prior to recordation of the final map and issuance of building
permits. The recorded private easement and agreement shall set forth responsibilities for
each parcel served, including responsibility for maintenance, inspection, and improvement
of the shared sewer lateral.
Indemnification
15. Pursuant to Government Code §66474.9(b), the applicant shall defend, indemnify, and hold
harmless the City and/or its agents, officers and employees from any claim, action or
proceeding against the City and/or its agents, officers, or employees to attack, set aside,
void or annul, the approval by the City of this subdivision, and all actions relating thereto,
including, but not limited to, environmental review.
Applicable Application or Code Requirements and Informational Notes
16. The subdivision shall be recorded with a Parcel Map. The Parcel Map preparation and
monumentation 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.
17. The Parcel Map, exhibits, and legal descriptions shall be prepared by a California Licensed
Land Surveyor or Civil Engineer authorized to practice land surveying.
18. The geotechnical report for the project shall be referenced on the Parcel Map in accordance
with the City’s Subdivision Regulations and the Subdivision Map Act.
ATTACHMENT A
SBDV-0362-2023
3160 Johnson Avenue
Page 5
19. A subdivision improvement plan review fee and subdivision map check fee will be required
for the Public Works Department review and inspection of the public subdivision or
development improvements and map in accordance with the most current fee resolution.
The foregoing document was passed and adopted this 22nd day of April 2024.
Community Development Director
Timothea Tway
By: Brian Leveille, Hearing Officer
ATTACHMENT A
ATTACHMENT B
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3 45 3!7 $W?@A =6CB?4?@A =5XU#J98H9QEQ#PI 7 FL9GNH;#:9P#7HNHKOM;F9:#GI ::#YP#NI IG46 =E56 =#T;K FP:9K #Z##P9G8;:#6B U[CA#;OC[?5B CW9T;G9O;#K 9FYG9:#OG9N;#B U6 C6?;EH7FHKO#OG9N;#B U6 CV?7!&-+#-'')\$"\#0*'*7!&-+#-'')\$$%+ ##0*'* ! ! " #$%#&$'( )* +,&-&'./01)#* /,&)* +,&45?5V ?! " #$%#&$'( )* +,&45?5V ?V?4A ?44?PGIP;GF]#:HK;7;FZ98^#P:9K ;#:HK;45?5V ?V?4A ?PGIP;GF]#:HK;7;FZ98^#P:9K ;#:HK;4[?@U=2 45?-&'./01)#* /,&)* +,&W?@A =ATTACHMENT C
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