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HomeMy WebLinkAboutSBDV-0738-2024 (1364 San Marcos Ct) - Final Decision Letter DRAFT docxCity of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org September 13, 2024 Sent via Email David Wallis 357 31st Street, Hermosa Beach, CA 90254 Kerry Margason 3559 South Higuera Street, San Luis Obispo, CA 93401 SUBJECT: SBDV-0582-2023 (168 Buena Vista Avenue): Application for a Senate Bill 9 Urban Lot Split Dear David Wallis, On September 13, 2024, I reviewed your Subdivision application regarding an Urban Lot Split, as provided by Chapter 16.15 of the City’s Subdivision Regulations (SLOMC Title 16). Consistent with state law, the proposal has been ministerially reviewed against the requirements set out in Government Code Section 66411.7, applicable objective requirements of the Subdivision Map Act, and objective local standards applicable to an Urban Lot Split. After careful consideration, I have determined that the tentative parcel map complies with the above-described requirements and standards, based on findings and subject to the following conditions: Findings: 1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area, with one parcel not smaller than 40 percent of the lot area of the original parcel. Both newly created parcels are no smaller than 1,200 square feet. 2. The parcel being subdivided is located within a single-family residential zone within the City of San Luis Obispo. It is not located within a sensitive or hazardous site, within a site designated as a historical resource, or within a historic district. 3. The proposed split does not require demolition, alteration, or withdrawal from rent or lease, any income-restricted rental housing, rent-controlled housing, or housing that has been occupied by a tenant in the last three years. 4. The parcel being subdivided has not been established through prior exercise of an urban lot split, and neither the owner of the parcel nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split. SBDV-0582-2023 168 Buena Vista Ave Page 2 5. The proposed Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act and objective local standards applicable to an Urban Lot Split set out in the City’s Subdivision Regulations (SLOMC Ch. 16.15). 6. The project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA), as a ministerial action, as described in CEQA Guidelines § 15268 (Ministerial Projects). Conditions: Please note the project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to your project. Planning 1. Intent of Owner to Occupy. Pursuant to Government Code Section 66411.7 (g) (1), the applicant shall, prior to recordation of the final parcel map for this Urban Lot Split, sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Engineering 2. The Parcel Map is in a no-flood zone area and does not need to show any flood information. 3. The Parcel Map shall offer blanket easements over both parcels except under buildings for access, utility, drainage, and slopes. 4. A separate Agreement may be prepared to detail the usage, maintenance, and restrictions, if any, of the shared infrastructure and/or sewer lateral, or related items between parcels. The agreement between the two parcel owners may be executed and recorded before map recordation or recorded concurrent with the recordation of the Parcel Map. 5. It is understanded that no new grading or driveway improvements will not be necessary. If there will be improvements, for example new water meter and service line, then any sections of damaged or displaced curb, gutter, or street cuts shall be repaired or replaced to the satisfaction of the Public Works Department. 6. Development of any possible driveway modifications shall comply with the Driveway Standards for dimensions, maneuverability, slopes, drainage, and materials. pervious paving materials are recommended for surface parking lots for water quantity and/or quality control purposes and within the area of the root zone/tree canopy of existing and proposed tree plantings. 7. The new parcel created will cause a cross-lot drainage situation. The project drainage report and plans shall include analysis of any run-on from the adjacent properties. The project plans shall show how the tributary run-on will be collected and conveyed to an approved outlet in a non-erosive manner. SBDV-0582-2023 168 Buena Vista Ave Page 3 8. Being an SB9 subdivision with already existing structures, it is understood that no street frontage improvements will be required, and the owners will be able to continue using the existing driveway aprons without any updates to current standards. Utilities 9. Sewer service for each parcel (and associated residences to remain) must be shown on a site utility plan included with the parcel map submittal and must be established prior to recordation of the final map. Please note, the private sewer lateral must tie into the sewer main, and not the manhole. 10. Where any sewer lateral crosses one proposed parcel for the benefit of another, evidence shall be provided that a private utility easement appropriate for those facilities has been recorded, prior to recordation of the parcel map. 11. Water service for each parcel (and associated residences to remain) shown on a site utility plan included with the parcel map submittal and must be established prior to recordation of the final map. A Parcel Map application can now be submitted to the Engineering Division. For information regarding the Parcel Map application requirements, please contact Steve La Chaine at (805) 781- 7201, or by e-mail at slachaine@slocity.org. My action is final unless appealed within 10 calendar days of this decision date. Anyone may appeal the action by submitting a letter to the Community Development Department within the time specified. The appropriate appeal fee must accompany the appeal documentation. Appeals will be scheduled for the first available Planning Commission meeting date. If an appeal is filed, you will be notified regarding consideration of the appeal. Approval of the tentative parcel map expires after two (2) years if the parcel map has not been recorded, as provided by Subdivision Regulations Section 16.10.130 (Expiration of Approved Tentative Maps). Upon written request, the Community Development Director may grant a time extension, as provided by Subdivision Regulations Section 16.10.135 (Time Extension for Parcel or Final Maps). If you have any questions, or if you need additional information, contact Mallory Patino, Assistant Planner, at mpatino@slocity.org or (805) 783-7704. Sincerely, Mallory Patino Assistant Planner Community Development