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Home My WebLink About07/06/1993, 2 - MINOR SUBDIVISION MS 62-93 (COUNTY NO. MS 92-127) TENTATIVE MAP CREATING THREE LOTS FROM ONE LOT AND APPROVING AN EXCEPTION TO AVERAGE DEPTH REQUIREMENT FOR ONE LOT, ON THE WEST SIDE OF POINSETTIA STREET, NORTH OF TANK FARM ROAD. MEETING DATE: ��H�►�►►��hIII��P° ��U City Or San WIS OBISPO COUNCIL AGENDA REPORT ITEM NUMBED: FROM: Arnold Jonas, Community Development Director o PREPARED BY: Greg Smith, Associate Planner 1 -' SUBJECT: Minor Subdivision MS 62-93 (County No. MS 92-127) Tentative map creating three lots from one lot and approving an exception to average depth requirement for one lot, on the west side of Poinsettia Street, north of Tank Farm Road. CAO RECOMMENDATION: Adopt a resolution approving the tentative map for Minor Subdivision MS 62-93, including an exception to average lot depth for one lot. DISCUSSION: Background The proposed minor subdivision would create three lots from one lot, with an unbuildable remainder parcel. The Community Development Director has the authority to approve minor subdivisions which do not involve exceptions to City standards. Council approval is required for this subdivision because Lot 3 does not meet the average depth requirement (90 feet required, 82 feet proposed). The Administrative Hearing Officer recommended approval of the tentative map at a hearing on May 21, 1993. The attached draft resolution incorporates the conditions recommended by the Hearing Officer. Data Summary Address: 3963 Poinsettia Street Subdivider: French Bros. Development Co. Representative: RRM Design Group Zoning: Low Denisty Residential - Specific Plan (R-1-SP) General Plan: Low density residential Environmental Status: Categorically exempt Project Action Deadline: November 19, 1993 Site Description The site slopes slightly down from Poinsettia Street. A portion of a detention basin for Tract 929 is located at the southerly portion of Lot 3. The site is surrounded by undeveloped land zoned for commercial and low density residential uses. Houses and residential condominium units are located across Poinsettia Street to the east. cot-/ MS 62-93 Page 2 Evaluation The proposed minor subdivision would continue the lot pattern established by the tentative map for Tract 2100, creating a row of single family lots with frontage on Poinsettia Street and backing up to the site of the proposed Marigold Shopping Center. The proposed lots comply with minimum standards for lot area, etc., with one exception: Lot 3 has an average depth of 82 feet, where an average depth of 90 feet is required. Staff recommends that this exception be approved. An adequate area will be provided for construction of a house, garage, and yard, because of the additional lot width. A detention basin and its easement encroach on the southerly portion of Lot 3. The basin controls runoff from existing development between Poinsettia Street and the railroad (Tract 929). It will be modified to provide adequate buildable area for Lot 3 and to handle additional runoff from Tract 2100 and the new lots. The subdivider must obtain approval of the Santa Lucia Hills (Tract 929) homeowners association for the easement modification and basin reconstruction. The new lots should be annexed to the homeowners association for the adjoining residential developments, if possible. This would provide for the new lot owners to participate in the use and maintenance of the drainage basin and other common facilities in the neighborhood. The subdivider has applied for a vesting tentative map. This means that, if approved by the Council, the subdivider and future owners enjoy a vested right to develop the lots in accordance with ordinances and policies in effect - or which had been advertised - on May 19, 1993. This would include the pending traffic impact fee ordinance, if it is adopted prior to the construction of houses on the lots (Subdivision Map Act 66498.1, 66474.2). CONCURRENCES Recommendations from other departments are included in recommended conditions of approval. ALTERNATIVES The Council may deny the tentative map application, if appropriate findings for approval cannot be made. The Council may approve the tentative map subject to modified conditions. The application may be continued, but final action must be taken by November 19, 1993. Attachments: Draft Resolutions for approval, denial Vicinity Map Tentative Map gtsL:MS6293.CC o�- Re -lution #1 - Approving RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE TENTATIVE MAP FOR MINOR SUBDIVISION NO. MS 62-93 (SLO 92-127) AND REQUESTED EXCEPTIONS TO LOT DEPTH AND LOT DIMENSIONS FOR PROPERTY LOCATED AT 3963 POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 62-93 (SLO 92-127), and the Community Development Director's recommendations,staff recommendations and reports thereon, makes the following findings: 1. The design of the proposed subdivision and proposed improvements are consistent with the general plan and Edna/Islay Specific Plan. 2. The site is physically suited for the type and density of development allowed in the R-1-SP zone. 3. The design of the subdivision 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. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. The Council concurs with the the determination of the Community Development Director that the proposed subdivision is exempt from environmental review requirements. SECTION 2. Exceptions. Approval is granted for an exception to the Subdivision Regulations allowing a lot depth of 82 feet for Lot 3 where a minimum depth of 90.feet is normally required, based on the following findings: �-3 Resolution No. (1993 Series) Page 2 1. The property is such a size and shape that it is undesirable to conform to the strict application of lot area and dimension standards. 2. The exception will not be detrimental to the public health, safety, or welfare, nor will they be injurious to other properties in the vicinity. 3. The cost to the subdivider of strict compliance with the standards is not the sole reason for granting the exceptions. 4. Granting the requested exception is consistent with the intent and purposes of the Subdivision Regulations, and is consistent with the General Plan. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. MS 62-93 (SLO 92-127) be subject to the following conditions: 1. Subdivider shall submit a final map to the city for review, approval and recordation. The map shall be prepared by, or under the supervision of, a registered civil engineer or licensed land surveyor. 2. Approval of this tentative map shall confer. a vested right to proceed with development in accordance with the ordinances, policies and standards described in Section 66474.2 of the Subdivision Map Act. 3. The subdivider shall expand the existing detention basin to compensate for the proposed reduction in capacity via the retaining wall and earth fill on a portion of Lot 3. A hydraulic analysis of the proposed detention basin modifications, prepared by a registered civil engineer, shall be submitted to the City Engineer for review and approval. 4. Subdivider shall obtain approval for the modification of the detention basin from the owner of the off-site basin expansion area and the easement grantee (Santa Lucia Hills Homeowners Association), prior to recording the parcel map for this subdivision. If the approvals are not obtained, the area occupied by the easement shall be excluded from this subdivision and the final map shall show two lots, to the approval of the City Engineer and Community Development Director. 5. The subdivider shall consult with the existing homeowners association, encompassing the adjacent residential property, and ask to amend the existing covenants, conditions, and restrictions (CC&R's) in force for the adjacent residential development, by attaching this subdivision to the other subdivisions governed by the homeowners association created by those CC&R's. If approved, the amended CC&R's shall be approved by the community Development Director and Resolution No. (1993 Series) Page 3 administered by the homeowners' association. If the request is rejected by the homeowners association, proof of such rejection must be provided to the Community Development Director. 6. Modification of the detention basin shall include reconstruction of an all-weather access road, to the approval of the City Engineer. 7. Subdivider shall dedicate an easement across the remainder parcel for pedestrian access to the proposed shopping center, and for landscape installation and maintenance. Subdivider shall install a six-foot wide sidewalk and appropriate landscaping, and shall provide for perpetual maintenance, to the approval of the Community Development Director and City Engineer. 8. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's 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. A 5-1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. 9. Subdivider shall provide individual electrical, cable television, and natural gas services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 10. Subdivider shall provide individual water services and sewer connections for each lot, to the approval of the City Engineer. 11. The subdivider shall dedicate a 6-foot wide public utility easement and a 10-foot wide street tree easement along the Poinsettia Street frontage, to the satisfaction of the City Engineer. 12. Street trees are required to be planted per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage, or any portion thereof). Species: To be determined by City Arborist. 13. Subdivider shall pay sewer lift station fee of $171.50 prior to recordation of the parcel map. 14. The City may be adopting traffic impact fees sometime in mid-1993. If adopted, all applicable traffic impact fees shall be paid prior to the issuance of any building permit. �-s Resolution No. (1993 Series) Page 4 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of , 1993. Mayor Peg Pinard ATTEST: City Clerk, Diane Gladwell r VV4V pi9n1 � C'��dy 73 ��4r11QWJ City Attorney, Jeff Jorgensen Reso' tion #2 - Denying A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE MAP FOR MINOR SUBDIVISION NO. MS 62-93 (SLO 92-127) AND REQUESTED EXCEPTION FOR PROPERTY LOCATED AT 3963 POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 62-93 (SLO 92-127), and the Community Development Director's recommendations,staff recommendations and reports thereon, makes the following findings: 1. The design of the proposed subdivision and proposed improvements are not consistent with the general plan and Edna/Islay Specific Plan. 2. The site is not physically suited for the type and density of development allowed in the R-1-SP zone. 3. The design of the subdivision and the proposed improvements are likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will conflict with easements for access through, or use of property within, the proposed subdivision. 5. The proposed subdivision may have a significant effect on the environment. 6. The proposed subdivision does not comply with requirements of Municipal Code Section 1636.160, Lot Dimensions. SECTION 2. Action. The application for approval of the tentative map for Minor subdivision MS 62-93 is denied. On motion of seconded by and on the following roll call vote: Resolution No. (1993 Series) Page 2 AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of , 1993. Mayor Peg Pinard ATTEST: City Clerk, Diane Gladwell (o�, i At orn y, Jeff Jorg� %sen �O at AI 10 0 .+ 1000 �r* ' . 00 VA ` °°e O I1.0 • F�°c� \ 1\\jI .s• orf. aaa FELICIA WAY i .s �O/ e6E •R, ,!�11 -ss ,s, ,` e 661 L_ ^ O �� Gov pgRM .Y w• also 7 e�.r ti�•l0 r�t��1 - Z „ M z ' P s i61eO..� .se ♦• ` . �•s e• e•r 77 00 CIO > MC30 �•, 'br II ^,•p`O� —2 �D C � j C/OS-40—SP 13 •�t " its F n cl • O J e G �/1 16%s9 � p•c+ w w.,+ v ,•• '•i ,a•t yea ` .°•( ) �/ C/oS- 1"=100' `j — SOUP � 40—SP ., . .t,. 0 rt 'a T U OZ ZfN c W ¢ u o rm LLI �zf �S N Y II ci i CY �M S fm m v 2 I am a m SOY Zyvi 96.66 3NV7MV17Hb'O oig �1.Z11,80.99 N r W CL j I I j�� I'r-�•, q h s t2 •r C c l"' N MEETING DATE ITEM #� Z R R M D E S I G N G R O U P ;lrrlrhrtlrrrr•Plrtnnin,�•lar,�inrrrin,�• Grfrrinr::•I_unl.:ralrr �lrrldn'ilurr July 2, 1993 FjHAND DELIVERED JUL _ 2 1993 City Clerk's Office CITY CLERK City of. San Luis Obispo SAN LUIS OBISPO,CA� 990 Palm Street San Luis Obispo, CA 93401 Re: Marigold -- Minor Subdivision MS62-93 -- Parcel Map 92-127 Gentlemen: Minor Subdivision-3963 Poinsettia, referenced above, is on the Consent Agenda for the City Council meeting on Tuesday, July 6, 1993. I will be unable to attend on this date due to prior commitments. Please continue the public hearings for consent of the referenced tentative map to the next possible City Council meeting. Sincerely, RRM DESIGN GROUP Victor ont mery, IA Chief Executive Officer cc: Mr. John Rossetti Mr. Joe Priske COP:15TO: Mr. Daniel Haller, RRM -Dc^trrs.4ction O Fn Q Cain91 �_ CDDR. D DT .7f GAO C nP4.C,[t. v/vm-marig.sub [X AC-AO CI r!RT-zi7m= FY.AifUNWEY rJ FAr DM. FX CL7"C/G'i` L i i r=:LttiS 1. i�. cP Hr_fi South I'liguera Street,San Luis Oi+ispo,California 93401 tin5r543-1794 on: - nih Sireet. Modesto,Cahfornia 953:4 =1197544'1794 .uy.... 1',.�..,.W�,. d"I,n... ...,...i.a.ol.. uu•u