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Home My WebLink About02. 1364 San Marcos Court Project Narrative1364 San Marcos Court SB-9 Urban Lot Split Tentative Parcel Map SLO 24-0045 Applicant: Paul Hatalsky Project Representative: Brian Cowen, Cowen Consulting Project Address: 1364 San Marcos Court APN: 004-782-081 Zoning: R-1 (Low-Density Residential) Site Area: 15,908 sf (.365 acres) Application: SLO 24-0045 The project is an Urban Lot Split of an existing 15,908 sf R-1 parcel, pursuant to SB-9. The purpose of the Urban Lot Split is to allow for separate Single-Family Residential use of the rear portion of the large existing property. Location The site is located at 1364 San Marcos Court, between Augusta Street and Johnson Avenue. Existing Parcel Conﬁguration Existing development on the property is a Single-Family Residence, fronting on San Marcos Court. The property beneﬁts from an Existing Vehicle Access Easement over an Existing Common Access Driveway, which connects to Johnson Avenue and also serves three existing residences adjacent to Johnson Avenue. Existing 1364 San Marcos Court Property Proposed Parcel Conﬁguration The project proposes to subdivide the existing 15,908 sf parcel into two parcels: Parcel 1- 6,418 sf. Parcel 2- 9,490 sf. It is noted that both of the resulting parcels exceed the City’s minimum lot size of 6,000 sf for the R-1 Zoning District which is, in any case, not applicable to an SB-9 Urban Lot Split. Qualifying Requirements (City of SLO Municipal Code Section 16.15.020) “A proposed urban lot split must meet all of the following requirements in order to be eligible for an urban lot split under Government Code Section 66411.7.” A.Maximum Number of Dwellings The proposed Urban Lot Split will not result in more than two dwelling units of any kind on each of the resulting parcels. As described by Government Code Section 66411.7(j), the two- unit limitation applies to any combination of primary dwelling units, ADUs, or JADUs. B. Hazardous Areas The proposed Urban Lot Split is not located on any site identiﬁed in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisﬁes the requirements speciﬁed therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high ﬁre hazard severity zones, special ﬂood hazard areas, regulatory ﬂoodways, and lands identiﬁed for conservation or habitat preservation as speciﬁcally deﬁned in Government Code Section 65913.4. C. Historic Properties The proposed Urban Lot Split is not located within a historic district or on property included on the State Historic Resources Inventory, as deﬁned in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a historic resource pursuant to the city’s historic preservation ordinance. Page of 2 10 Proposed SB-9 Urban Lot Split D. Affordable Housing The proposed Urban Lot Split does not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. E. Subsequent Urban Lot Split The lot proposed to be subdivided via an Urban Lot Split was not established through a prior Urban Lot Split. F. Adjacent Urban Lot Splits The lot proposed to be subdivided is not adjacent to any lot that was established through an Urban Lot Split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot. G. Subdivision Map Act The Tentative Parcel Map for this Urban Lot Split was prepared by a California Licensed Land Surveyor and shall therefore conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in the City’s Municipal Code, except as otherwise provided for by the City’s Urban Lot Split Ordinance. H. Lot Size This Urban Lot Split application subdivides an existing lot to create no more than two new lots of approximately equal lot area and are no smaller than 1,200 sf. Parcel 1- 6,418 sf. (40.4%) Parcel 2- 9,490 sf. (59.6%) I. Utility Easements Parcel 1 Water- Water Service to Parcel 1 will be provided from a new service connection at San Marcos Court via a private waterline, which will pass through the South-Westerly side-yard of the existing 1364 San Marcos Court residence. Sewer- Sewer Service to Parcel 1 will be provided via an existing, shared sewer lateral connection at San Marcos Court and private sewer lateral, which will pass through the South- Westerly side-yard of the existing 1364 San Marcos Court residence. While the locations of future private water and sewer line easements have been identiﬁed on the Tentative Parcel Map, it is not necessary, nor would it be appropriate to record said easements in conjunction with this application, as both parcels are expected to remain under common ownership for the foreseeable future. Page of 3 10 Dry Utilities- Existing Electric, Phone and Cable Television Easements on Proposed Parcel 1 are sufficient to provide for these facilities to the resulting lot. Parcel 2 Parcel 2 will continue to be served by the existing public utility connections from the San Marcos Court public right-of-way. J. Required Affidavit Prior to recordation of the Final Parcel Map, the Property Owner has agreed to submit a signed, notarized copy of the Required Affidavit Form, stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years from the date of approval of the urban lot split. K. Rental Term The applicant agrees that rental of any unit, created pursuant to this Urban Lot Split, will be for a term longer than thirty days. Property Improvement Standards (SLO City Municipal Code Section 16.15.025) A. Objective Standards "Any lot created through an urban lot split shall be subject to the standards and criteria set forth in this section. In addition, except as modiﬁed or provided by this section or state law, any lot created through an urban lot split shall conform to all objective standards applicable to the lot as set forth in this title and/or in an applicable speciﬁc plan or planned unit development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and speciﬁcations, policies, codes, regulations, and/or standard conditions duly promulgated and/or adopted by the city.” B. Lot Access “Each resulting lot must have frontage on the public right-of-way of at least twenty feet or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards” Proposed Parcel 1 will be accessed from Johnson Avenue via an Existing Vehicle Access Easement/ Common Access Driveway, which presently beneﬁts the 1364 San Marcos Court property in addition to three other residences adjacent to Johnson Avenue. Proposed Parcel 2 has approximately 75’ of existing frontage on San Marcos Court and will retain direct access via the existing drive approach. 1. “Vehicle access easements serving a maximum of two parcels shall meet the following standards” Page of 4 10 The Existing Vehicle Access Easement/ Common Access Driveway to Johnson Avenue presently serves the 1364 San Marcos Court property in addition to three other existing parcels adjacent to Johnson Avenue. While the existing situation does not fully comply with the two-parcel limit, it is an existing situation that is neither exacerbated nor worsened by the proposed Urban Lot Split. i. “Easement width shall be a minimum of twenty feet and shall comply with Engineering Standard 2120 for driveway ramp improvements and widths.” While the existing, Common Access Driveway appears to comply with current Engineering Standards for driveway ramp improvements and widths, the Existing Vehicle Access Easement is 19’ wide and therefor does not fully comply with the 20’ easement width requirement. This minor deviation in easement width was created when Parcel Map SLO 80-121 was recorded for the existing Johnson Avenue development, due to the location of an existing residence on the site (The pole of the ﬂag lot was mapped at 19’ wide to avoid conﬂict with an existing residence). This is an existing situation that is neither exacerbated nor worsened by the proposed Urban Lot Split. Page of 5 10 Existing Vehicle Access Easement ii. “The minimum length for a vehicle access easement is twenty feet. No maximum easement length shall be set. If easement length is more than seventy-ﬁve feet, a vehicle turnaround shall be provided.” The Existing Vehicle Access Easement is 255’ in length. An on-site vehicle turnaround will be provided with the future Building Permit Submittal for the Single-Family Residence on Parcel. The developer of the Johnson Avenue property (Parcel Map SLO 80-121), provided a Fire Department Dry Standpipe System adjacent to the existing Common Access Driveway in lieu of constructing a Fire-Department Turn-Around on-site. In the even of an emergency, Fire Department personnel have the option of staging their equipment at Johnson Avenue and utilizing the existing Fire Department Dry Standpipe System to provide water for ﬁre suppression operations. For this reason, the Fire Department is not required to drive Fire Apparatus on the existing Common Access Driveway and therefor it is not necessary for the Common Access Driveway to be improved to Fire Code Standards, including a Fire Apparatus Turnaround, with this application. Page of 6 10 Existing Common Access Driveway iii. “No residential structure shall be closer than three feet to the easement.” The existing residence at 2675 Johnson Avenue is less than three feet from the Existing Vehicle Access Easement. This is an existing, off-site situation that is neither exacerbated nor worsened by the proposed Urban Lot Split and was, in any case, was previously approved by the City with recordation of Parcel Map SLO 80-121. iv. “Vehicle access easements shall not be located closer than twenty-ﬁve feet to an intersection.” The Existing Shared Driveway complies as it is located approximately 100’ South of the existing intersection of Johnson Avenue and La Vineda Court. 2. “Where a lot does not abut a public street, and where no automobile parking spaces are required under subsection D of this section, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: i. Easement width shall be a minimum of ten feet; ii. Pedestrian access easements shall not exceed two hundred feet in length.” This section is not applicable to this application because vehicle access is provided to both of the proposed lots. 3. “Access and provisions for ﬁre protection consistent with the California Fire Code shall be provided for all structures served by an access easement.” The applicant has conducted a “hose-pull analysis” which demonstrates that the distance between the existing hydrant on San Marcos Court and the Existing Dry Standpipe Connection adjacent to the Existing Common Access Driveway is less than 300’. If necessary, during ﬁre-ﬁghting operations, all exterior portions of the exterior ﬁrst ﬂoor of the future residential development will be within 150’ hose reach of either the existing hydrant on San Marcos Court and/ or the Existing Fire Department Dry Standpipe Connection adjacent to the Existing Common Access Driveway. For this reason, the Fire Department will not be required to drive the Fire Apparatus down the Existing Common Access Driveway and therefor it is not necessary for the Driveway to be improved to Fire Code Standards, including a Fire Apparatus Turnaround, with this application. Page of 7 10 4. “Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code and the city’s engineering standards.” Due to the existence of the Fire-Department Dry Standpipe System adjacent to the Existing Common Access Driveway and the existing public hydrant adjacent on San Marcos Court, the Fire Department will not be required to drive the Fire Apparatus down the Existing Common Access Driveway and therefor it is not necessary for the Driveway to be improved to Fire Code Standards and City Engineering Standards with this application. 5. “Lots taking access by an easement must record a shared maintenance agreement for the driveway/accessway. The agreement shall be recorded prior to or concurrently with the ﬁnal parcel map.” A recorded Shared Maintenance Agreement exists for the Existing Common Access Driveway and applicant is committed to participating ﬁnancially with on-going maintenance and repair of the Existing Common Access Driveway. Page of 8 10 Hose-Pull Analysis C. Lot Line Conﬁgurations The location of property lines associated with this Urban Lot Split application comply with the objective standards as identiﬁed in Section 16.18.040 (Location of lot lines), and speciﬁcally: 1. No portion of the Urban Lot Split results in a lot width or depth of less than twenty feet for any portion of the subdivision. 2. No lot line bisects or is located within four feet of any existing or proposed structure. D. Parking Required Both of the resulting Parcels contain adequate space to provide for off-street parking, in conformance with the City’s Parking and Driveway Design and Development Standards and will do so in conjunction with the Building Permit Submittal for future residential development. Exceptions “A. All proposed lots and development proposed pursuant to this chapter shall comply with all city zoning codes, objective policies, and guidelines unless an exception is granted. No exception shall be granted for any of the qualifying requirements as outlined in Section 16.15.020. Any proposed exception to any relevant objective standards, policies, guidelines, or codes shall not be granted unless the community development director can affirmatively determine the application meets all of the below requirements. For the purpose of these requirements, existing improvements or development is not considered a physical constraint.” “B. The necessity to grant the exception(s) is based on site development feasibility where there are no options for other design alternatives such as modifying the footprint, moving lot lines, adding stories, or reducing ﬂoor area (to minimum eight hundred square feet) and where the applicant has demonstrated it is physically not possible to redesign the project to avoid the necessity of exceptions.” “C. The requested exceptions represent the minimum deviation necessary to allow the construction of two units on each resulting parcel and which would not require any of the units to be less than eight hundred square feet. (Ord. 1729 § 4 (Exh. A), 2023)” The project is requesting the following exceptions to the Objective Standards: 1. Existing Access Easement Serves more than Two Lots. 2. Existing Access Easement is 19’ Wide, rather than 20’, as required. Page of 9 10 These are existing, minor, deviations that are neither exacerbated nor worsened by the proposed Urban Lot Split. The existing Vehicle Access Easement is located off-site and no feasible options or other design alternatives exist that would bring the easement width and number of lots served into full conformance with City Requirements. It is physically not possible to redesign the project to avoid the necessity of the requested exceptions. The requested exceptions represent the minimum deviation necessary to allow for the development of the rear portion of the property as permissible pursuant to SB-9 and the City’s Urban Lot Split Ordinance. The applicant respectfully requests the Community Development Director grant the above- mentioned exceptions to the Property Improvement Standards and approve the Urban Lot Split. Environmental Review Pursuant to SB-9, an Urban Lot Split is not a “Project” under the California Environmental Quality Act (CEQA) and is exempt from Environmental Review. Enclosures 1.Planning Application 2.Minor Subdivision Checklist 3.Tentative Parcel Map 4.Preliminary Title Report 5.Assessor’s Parcel Map Page of 10 10