HomeMy WebLinkAbout02/01/1994, 3 - LLA 170-93: LOT LINE ADJUSTMENT TO DIVIDE TWO PARCELS, EACH 40' X 150', INTO TWO PARCELS, EACH 75' X 80', WITH EXCEPTIONS TO LOT DEPTH AND SIZE, ON THE SOUTHWEST CORNER OF FREDERICKS STREET AND GRAND AVENUE. iIIIN�IGIIII,IIII�III,I I MEETING DATE:
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city
o1" San LUIS OBISPO , -
COUNCIL AGENDA REPORT ITEM NUMBER::
FROM: Arnold Jonas, Community Developmep irector/^ 0
BY: Judith Lautner, Associate Planner,
SUBJECT: LLA 170-93 : Lot line adjustmto divide two parcels, each
401 X 1501 , into two parcels, each 75' X 801 , with exceptions
to lot depth and size, on the southwest corner of Fredericks
Street and Grand Avenue.
CAO RECOMMENDATION
Adopt a resolution approving the lot line adjustment.
DISCUSSION
Situation
The applicant wants to move a lot line that cuts through two existing
dwellings, to a location perpendicular to the existing line. 'The lot
line adjustment would place a house and secondary dwelling on one parcel
and a small apartment on the other.
Lot line adjustments are normally acted upon by the Director by letter.
However, the subdivision regulations require Council approval of any
exceptions. Therefore, this request has been forwarded directly to the
Council.
Data summary
Address: 411 Grand Avenue
Applicant/property owner: Marian Bailey
Representative: Patrick Bailey
Zoning: Low-density residential (R-1)
General plan: Low-density residential
Environmental status: Categorically exempt (Class 5, section 15305 (a) )
Project action deadline: April 12, 1994
Site description
The site is a rectangular, essentially flat lot on the southwesterly
corner of Grand Avenue and Fredericks Street. A large house and two
smaller dwellings currently exist on the site. None of the dwellings has
been determined to be historically significant.
The site is less than a block from an entrance to Highway 101, and a few
blocks from the entrance to Cal Poly. The neighborhood contains a
diverse collection of single homes and apartments, on lots of varying
size and shape.
Project description
The request is to create two lots from two lots. The existing lot line
creates two narrow (40'-wide) , long (1501 ) lots, and cuts through two
buildings. The adjustment would create two 75' X 80f parcels, and would
eliminate the line that goes through the buildings.
3-1
city of San lues OBIspo
COUNCIL AGENDA REPORT
LLA 170-93
411 Grand Avenue
Page 2
EVALUATION
1. The exceptions requested. The applicants want exceptions to the
subdivision regulations. The subdivision regulations require lots in
the R-1 zone to be at least 90' deep, and parcels on corner lots to be
6,900 square feet in area. Both proposed parcels would be 80' deep,
and the corner parcel would be 6, 000 square feet in area. Therefore,
both parcels are ten feet shorter than normally required, and the
corner parcel would be 900 square feet smaller in area than normally
required.
2 . To grant an exception. The council must make all of the following
findings to grant any exceptions. to subdivision standards:
a. 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.
Comment: The two parcels could be combined, rather than
adjusted, creating one lot, 12,00.0 square feet in area. On
the other hand, if the property is to contain two parcels, as
it now does, the proposed rearrangement is preferable to the
existing, and there is virtually no other practicable
alternative. It would be possible to find that it is
impractical to conform to the strict application of the.
regulations.
b. The cost to the subdivider of strict or literal compliance
with the regulations is not the sole reason for granting the
modification.
Comment: The "strict or literal compliance" in this case
could only be the combination of the two lots, because no two
lots can be created from the present two that would meet the
subdivision regulations standards. The cost of that
compliance would be the same as the cost of the proposed lot
line adjustment. Therefore, this finding can be made.
C. The modification will not be detrimental to the public health,
safety, and welfare, or be injurious to other properties in
the vicinity.
Comment: The adjustment would improve on the existing
situation, in that no building would cross lot lines. The
adjustment would allow each lot to contain one dwelling, while
the present situation requires that a use permit be obtained
to allow a second dwelling on the site. Therefore, there is
potential for an additional dwelling on the site. Presently,
three dwellings exist on the site (see further discussion
������► ��IIIIIII�II°��nUlll city of san tuts OBIspo
COUNCIL AGENDA REPORT
LLA 170-93
411 Grand Avenue .
Page 3
below) . The adjustment . would therefore not represent a
significant change and this finding could be made.
d. Granting the modification is in accord with the intent and
purposes of these regulations, and is consistent with the
general plan and all applicable specific plans or other plans
of the city.
Comment: The subdivision regulations, generally, are intended
to assure orderly development and to minimize conflicts (see
attached excerpt from subdivision regulations) . The
adjustment would create parcels that are almost square, an
unusual shape. However, the existing parcels are also unusual
in shape and there is no consistent pattern in the shape of
parcels in this part of the .city. The proposed parcels would
be in character with the surrounding area. This finding can
be made.
3 . Lot line adjustment requirements. Lot line adjustments are "excluded"
from the Subdivision Map Act, in that no final or parcel map or record
of survey may be required, and the jurisdiction is limited in its
review. According to the map act, the City must limit review to a
determination of whether or not the lot line adjustment will conform
to local zoning and building- ordinances. In the present case, the
existing lots are nonconforming. The Zoning Regulations say:
17 . 12.020.A: IF A NONCONFORMING LOT HAS BEEN HELD IN COMMON OWNERSHIP WITH ANY
CONTIGUOUS PROPERTY AT ANY TIME SINCE NOVEMBER 18, 1977, IT MAY NOT BE
INDIVIDUALLY DEVELOPED. THE AREA WITHIN SUCH A LOT MAY BE DEVELOPED ONLY AFTER
IT HAS BEEN MERGED WITH CONTIGUOUS PROPERTY, OR OTHERWISE RESUBDIVIDED IN
CONJUNCTION WITH THE CONTIGUOUS PROPERTY TO CREATE ONE OR MORE CONFORMING PARCELS
OR ONE PARCEL WHICH MORE NEARLY CONFORMS.
[Note: an amendment to the above section, allowing exceptions to the
above requirement through the administrative use permit process, was
recently adopted. That change has no effect on this application. ]
17. 12.020.B: IN AN R-1 OR R-2 ZONE, THE MERGER OR RESUBDIVISION REQUIREMENT SET
FORTH IN THE FIRST PARAGRAPH OF THIS SUBSECTION SHALL NOT APPLY TO A NONCONFORMING
LOT AND CONTIGUOUS COMMONLY OWNED PROPERTY WHERE EACH OF THE PARCELS HAS AN AREA,
WIDTH, DEPTH AND FRONTAGE EQUAL TO AT LEAST EIGHTY PERCENT (80%) OF THE MINIMUM
REQUIRED IN THE SUBDIVISION REGULATIONS.
The existing nonconforming lots have a width, depth, and frontage that
is at least 80% of the minimum. Therefore, the lot line adjustment is
consistent with the Zoning Regulations.
The lot line adjustment would eliminate existing building code
problems caused by the buildings crossing property lines. Therefore,
the adjustment conforms to the Building Code.
����H��►►�Illllipli ���U city of San lues OBIspo
COUNCIL AGENDA REPORT
LLA 170-93
411 Grand Avenue
Page 4
The map act also stipulates that the only conditions that may be
placed on a lot line adjustment are those that 1) make the adjustment
conform to local zoning and building ordinances, 2) require prepayment
of property taxes, and 3) facilitate the relocation of existing
utilities, infrastructure, or easements. (See excerpt from
Subdivision Map Act, attached. )
The City's Subdivision Regulations say that "Upon a finding by the
Community Development Director that all design and improvement
standards and environmental protection measures established by the
City will be complied with, and that the lot line adjustment will not
result in a greater number of parcels than originally existed, the
Director may waive the requirement for a final parcel map and file the
approved lot line adjustment map in the Community Development
Department. " Because the Subdivision Map Act, revised subsequent to
the adoption of the Subdivision Regulations, prohibits requiring a
final parcel map for lot line adjustments, and because the definition
of lot line adjustment (in the Subdivision Map Act) says that ". . .a
greater number of parcels than originally existed is not thereby
created", the making of these findings is moot (lacking legal
significance) . Nevertheless, they can of course be made.
4: The status of the existing buildings is under investigation.
Currently, three residences exist on the property. The two smaller
dwellings appear to have been constructed or converted without
appropriate permits. The site is currently the subject of enforcement
action to legalize all structures. Approval of this lot line
adjustment (or, alternatively, approval of an administrative use
permit) would allow the property owner to obtain permits to legalize
the dwelling fronting on Fredericks Street. Further investigation is
continuing to determine the legality of the other small dwelling.
ALTERNATIVES
The Council may approve the request with modifications to the suggested
findings or conditions.
The Council may deny the request, if it finds that it is inconsistent
with any City goals or policies.
The Council may continue action, with direction to staff and the
applicant.
Attached: Draft resolutions, Vicinity map, Excerpt from Subdivision
Regulations - purpose, Excerpt from Subdivision Map Act - lot line
adjustments. In packet: Preliminary map (Council & Cao only)
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF LOT LINE ADJUSTMENT NO. 170-93,
ADJUSTING THE LOT LINES BETWEEN TWO LOTS
AT 411 GRAND AVENUE
BE IT RESOLVED by the Council of .the City of San Luis
Obi$po as follows:
SECTION 1. Findings. That this council, after
consideration of the preliminary map of LLA 170-93 and staff
recommendations and reports thereof, makes the following
findings:
1. The lot line adjustment is consistent with the City's Zoning
Regulations and Building Code.
2. The lot line adjustment complies with the Subdivision Map
Act and with the City's Subdivision Regulations.
3. The design of the lot line adjustment preliminary map and
the proposed improvements will not conflict with easements
for access through or use of propertywithin the proposed
lot line adjustment.
4. The Community Development Director has determined that the
proposed lot line adjustment is exempt from environmental
review. The City Council hereby concurs with this
determination and finds that it reflects the independent
judgement of the City Council.
5. All design and improvement standards and environmental
protection measures established by the City will be complied
with.
6. The lot line adjustment will not result in a greater number
of parcels than originally existed.
Resolution No. (1994 Series)
Lot line adjustment 170-93
Page 2
7. The property to be divided is of such shape, that it is
impractical, in the particular case, to conform to the
strict application of the subdivision and zoning regulations
because to do so would require a combination of the two
existing lots. The creation of two smaller lots is more
consistent with the single-family nature of the immediate
neighborhood.
8. The cost to the subdivider of strict or literal compliance
with the subdivision and zoning regulations is not the sole
reason for granting exceptions to lot depth and area.
9. The lot depth and area exceptions will not be detrimental to
. the public health, safety, and welfare, or be injurious to
other properties in the vicinity.
10. Granting exceptions to lot depth and area is in accord with
the intent and purposes of the subdivision regulations, and
is consistent with the general plan and all other plans of
the city.
SECTION 2. Conditions. The approval of the tentative map
for LLA 170-93 is subject to the following conditions:
1. The applicant shall submit a "Declaration of Lot Line
Adjustment", along with recording fees, to the City Engineer
for review, approval, and recordation, based on samples in
the Community Development Department.
2. The applicant shall provide individual electrical, cable
television, and natural gas services and metering for each
lot to the approval of affected public utility agencies and
the City Engineer.
3. The subdivider shall provide individual water services and
sewer connections for each lot, to the approval of the City
Engineer.
4. All buildings must be located at least three feet from
property lines, unless otherwise approved by the Chief
Building Official.
5. An addressing plan shall be submitted for approval by the
Community Development Director.
3-�
Resolution No. (1994 Series)
Lot line adjustment 170-93
Page 3
6. Any existing utilities that will cross the new lot line must
be removed, or easements created, to the approval of the
City Engineer.
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
February, 1994.
Mayor
ATTEST:
City Clerk
APPROVED:
i Att, r y
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF THE PRELIMINARY MAP
FOR LOT LINE ADJUSTMENT 170-93
AT 411 GRAND AVENUE
(LLA 170-93)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the lot line adjustment request
LLA 170-93 , staff recommendations and reports thereon, makes the
following finding:
1. The design of the preliminary map and the proposed
improvements are not consistent with the general plan.
SECTION 2. The preliminary map for Lot Line Adjustment
170-93 is hereby denied.
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 1994.
Resolution no. (1994 Series)
MS 155-93
Page 2
Mayor
.ATTEST:
City Clerk
APPROVED:
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` 16.04.0 l 0-16.04.040
Chapter 16.04 by establishing standards of design,and by estab-
lishing procedures which ensure proper legal
GENERAL PROVISIONS description and monumenting of subdivided
- " land;
Sections: G. To protect the natural resources of the
16.04.010 Title. community, including topographic and geologic
16.04.020 . Purpose. features, solar exposure, watercourses. wildlife
16.04.030 Adoption authority— habitats and scenic vistas,and to increase reason-
Conformance with other able public access to such resources;
regulations. FL To enable innovations in subdivision pro-
16.04.040 Interpretation and application. cedures which facilitate development that will
16.04.050 Conflict with public provisions. best reflect the capability of the land to support a
16.04.060 Conflict with private provisions. desirable living environment. (Ord. 934 § 1
J6.04.070 Actions by persons with (part), 1982:prior code§ 9101.2)
interest.
16.04.080 Severability. 16.04.030 Adoption authority—Conformance
16.04.090 Procedure summary, with other regulations. .A. These regulations are adopted pursuant to
16.04.010 Title. the Subdivision blip Act,as a"local ordinance"
This chapter shall be known and cited as the as that term is used in that act,and to supplement
"subdivision regulations of the city."(Ord.934§ the provisions of that act All provisions of the ,
1 (part), 1982:prior code§ 91.01.1) Subdivision Map Act and future amendment
�---� thereto not incorporated in these regulations
16.04.020 Purpose. shall apply, to all subdivisions,subdiv_ision_ m_aps
The regulations codified in this title are and proceedings under these '
P gs regulations..,; .. ..
adopted for the following purposes B. Nothing in this section shall be read to
A. To protect and provide for the public limit the right of the city,as a charter city,to enact
health, safety and general welfare; additional provisions concerning the di%ision of
B. To guide the development of the city in (and as are deemed necessary to protect the.pub-
accordance with the general plan and specific lic health; safety and general welfare.-
plans; C. Approval or conditional approval of a sub-
C. To ensure that real property which is to be division map shall not excuse compliance with
divided can be used without danger to inhabi- other applicable provisions of this code or'other
tants or property due to fire,flood,soil instability, applicable ordinances,rules,regulations and pol-
noise or other hazard; icier adopted by the city. (Ord. 934 § 1 (part),
D. To ensure that proper provision will be 1982: prior code§ 9101.3)
made for traffic circulation,public utilities,facil-
ities, and other improvements within the sub- 16.04.030 . Interpretation andapplication.
divided land and within the city as a whole; In their interpretation and application, these
E. To protect and enhance the value of land regulations shall be held to be the minimum
and improvements and to minimize conflicts requirements for the promotion of the public
among the uses of land and buildings; health, safety and general welfare. (Ord. 934 § I
F. To protect potential buyers and inhabitants (part), 1982: prior code§ 9113 (part))
5 U8 P1,w.51Z 1-) k ECO U GAr'70k�s
379 aceTZ,PT
66411.3. Dedications and Improvements for Judicial partitions
(3) The loyal a
(a) Notwithstanding any other provision of this division,whenever a parcel map local agency, by r n(
or final map is required to effectuate a judicial partition of property pursuant to subdivision (h) Unle pE
(b) and pursuant to Section 872.040 of the Code of Civil Procedure. the local agency agency, the conversion
approving the parcel map or final map may establish the amount of any monetary exaction Business and Profession.
or any dedication or improvement requirement authorized by law as a condition of Code,but only it all of the
' approving the parcel map or final map, but shall not require payment of the exaction,the
j undertakingof the i posting security P (1) At least 51
I improvement, or ostin of secur' for future performance thereof and stockholders of the cc
. shall not accept any required offer of dedication until the time specked in subdivision (b). stockholders of the coo
(b) This section applies to judicial partition of real property which is subject to a cooperative unit is 'indivi
contract under Article 3 (commencing with Section 51240) of Chapter 7 of Part 1 of partially owns an interest
Division 1 of Title 5 and which will remain subject to that contract subsequent to the filing (2) No more the
of the parcel map or final map. With respect to any parcel created by a parcel map or final one person, as defined
map subject to this section, payment of exactions and acceptance of offers of dedication cooperative, on January
under this section shall be deferred by the local agency until the contract terminates or is (3) A person re
canceled as to that parcel, except that no deferral is required under this subdivision as to L. conversion to all tenant ,
fees and assessments that are due and payable for governmental services provided to respecting first refusal, nc
the parcel prior to termination or cancellation of the contract. The applicants for a parcel (4) The local ac
map or final map subject to this section shall be personally liable for performance of a local agency, by ordinanc
obligations deferred under this section at the time they become due. The leasing
(Added, Chapter 494 Statutes of 19881 - portion(i)i) portions thereof
Forrtrailer
Map Act Exclusions a windpowered electrica
is division shall be inapplicable to: _ discretionary action by tht
(lJ The leasing
) The financing or leasing of apartments, offices, stores, or similar space easement, use permit, or
artment buildings, industrial buildings,'commercial buildings, mobilehome parks, as defined in Section 23,
parks.
operation of cellular radic
) Mineral, oil,or gas leases. support structures, micr
(c) Land dedicated for cemetery purposes under the Health and Safety Code. transmission equipment
(d) A lot line adjustment between two or more existing adjacent parcels, where transmission of cellular c
the ldnd taken from one parcel is added to an adjacent parcel,and where a greater number by the advisory agency or
f
oparcels than originally existed is not then
� ebycreated, provided the lot line adjustment is - rAr
approved by the local agency, or advisory agency. A local agency or advisory agency
9 shall limit its review and approval to a determination of whether or not the parcels resulting 664121. Ac. it
I' from the lot fine adjustment will conform to local zoning and building ordinances. An mercial
advisory agency or local agency shall not impose conditions or exactions on its approval This division shall a
of a lot line adjustment except to conform to local zoning and building ordinances, to (a) The financir
require the prepayment of real property taxes prior to the approval of the lot line conjunction with the cons,
adustmen4 or to faciritaie the relocation of existing utilities, infrastructure, or easements. unless the project is not s
No tentative map,parcel map, or final map shall be required as a condition to the approval design and improvement.
of a lot line adjustment The lot line adjustment shall be reflected in a deed,which shall be (b) The financir
recorded.No record of survey shall be required for a lot line adjustment unless required by arce buildings on a single p
Section 8762 of the Business and Professions Code. [A
(e) Boundary line or exchange agreements to which the State Lands
Commission or a local agency holding a trust grant of tide and submerged lands is a parry. 664122. Exempts
(f) Any separate assessment under Section 2188.7 of the Revenue and fied dwf
Taxation Code.
This division shall
(g) Unless a parcel or final map was approved by the legislative body of a local units pursuant to Section
agency,the conversion of a community apartment project,as defined in Section 11004 of division shall be applicable
the Business and Professions Code, to a condominium, as defined in Section 783 of the [p
Civil Code,but only if all of the following requirements are met:
(1) At least 75 percent of the units in the project were occupied by record 66412.3. Local ag
owners of the project on March 31, 1982. In carrying out the 1
(2) A final or parcel map of the project was properly recorded, H the property was effect of ordinances and a
1 subdivided, as defined in Section 66424, after January 1, 1964, with all of the conditions of the region in which the
of that map remaining in effect after the conversion. public service needs of its
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