HomeMy WebLinkAbout11/18/2003, PH 1 - CONSIDERTION OF A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH EXCEPTIONS TO LOT AREA, WIDTH AND DE councit m°`°Dft 1114FIC3
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CITY OF SAN LUIS O B I S P O
FROM: John Mandeville, Community Development Directo
Prepared By: Tyler Corey, Associate Planner
SUBJECT: CONSIDERTION OF A LOT LINE ADJUSTMENT BETWEEN TWO
PARCELS WITH EXCEPTIONS TO LOT AREA, WIDTH AND DEPTH, 1530
AND 1570 PENNY LANE (LLA 113-03).
CAO RECOMMENDATION
Adopt draft Resolution "A," approving a lot line adjustment, with exceptions to the Subdivision
Regulations, based on findings and subject to conditions.
DISCUSSION
Data Summary
Address: 1530 and 1570 Penny Lane
Applicant: John Koch
Zoning/General Plan: R-2; Medium Density Residential
Environmental status: Categorically exempt as a minor lot line adjustment not resulting in the
creation of any new parcel (CEQA Guidelines, Section 15305(a)).
Situation
The property owner, John Koch, would like to adjust the lot line between two parcels located on
the northeasterly side of Penny Lane (see Vicinity Map, Attachment 1). The parcels are
individually owned and both property owners consent to the adjustment. 1530 Penny Lane
(Parcel 1) has been developed with a two-bedroom dwelling, while 1570 Penny Lane (Parcel 2)
remains vacant. The purpose of this lot line adjustment is to improve the development potential
and usability of Parcel 2 without creating new nonconforming situations on Parcel 1. The
existing dividing line between the two properties generally runs northeast to southwest. The
proposed adjustment would move the lot line 14-feet in a northwesterly direction (see
Preliminary Lot Line Adjustment Map, Attachment 2).
The project has been evaluated for consistency with the City's Zoning Regulations, Subdivision
Regulations and building codes and it has been determined that exceptions to lot area, width and
depth are necessary to approve the request. Normally lot line adjustment applications are acted
on by the Community Development Director without the need for a public hearing. When
exceptions are requested, the Subdivision Regulations require the application to be acted on by
the City Council.
Council Agenda Report—LLA 113-03
November 18,2003
Page 2
Site Description
The project site is approximately 6,478 square feet in area and comprised of two separate parcels
(APN 002-453-007 & 012). The site is developed with a single-family residence, two storage
sheds and various site improvements. Generally, the lots have a moderate cross slope and are
located on the northeasterly side of Penny Lane, which is adjacent to the Union Pacific Railroad
right-of-way. The site and surrounding neighborhood is zoned R-2 (Medium Density
Residential) and all of the properties in the block have nonconforming lot sizes and
configurations. Penny Lane is only partially improved in this area and there is no curb, gutter or
sidewalk. Over the years, properties along the northeasterly side of the street, including the
project site, have made improvements in the public right-of-way, which will need to be removed
upon the City's request. There are several mature eucalyptus trees located on Parcel 2 adjacent to
the railroad right-of;-way that would not be affected by the proposed lot line adjustment.
Proiect Description
The project is an adjustment of the lot line separating two parcels. Parcel 1 is approximately
50x95 or 4,792 square feet, Parcel 2, which was acquired as a legally separate parcel from the
Union Pacific Railroad in 2001, has an irregular shape and consists of approximately 1,686
square feet. The project involves moving the existing dividing line in a northwesterly direction
14-feet to improve the development potential and usability of Parcel 2. With this adjustment,
Parcel 1 will decrease in size from 4,792 to 4042 square feet and Parcel 2 will increase in size
from 1,686 to 2,436 square feet.
Requested Exceptions
The proposed lot line adjustment requires exceptions to the lot area, width and depth
requirements established for the R-2 zoning district. These exceptions are identified in bold in
Table 1 below.
Table 1: Comparison of Proposed Lots and R-2 Zoning District Standards
Municipal Code.Requirements Proposed Project
Parcel 1 Parcel 2
Minimum lot size: 6,000 square feet 4,042 square feet 2,436 square feet
Minimum lot depth- 90 feet 50 feet Irregular
Minimum lot width: 60 feet 80 feet 51 feet
Minimum street frontage: 30 feet 49.99 feet 51 feet
Density: 12 units/acre for slope< 16% 1.11 density units .67 density units
Evaluation
The Subdivision Map Act limits a local agency's review of a lot line adjustment to a
determination of whether or not the parcels resulting from the lot line adjustment will conform to
Council Agenda Report—LLA 113-03
November 18,2003
Page_3
local zoning and building ordinances. Although exceptions are being requested, the Subdivision
Regulations provide a process for the City Council to approve exceptions if specific findings are
made. Recommended conditions of approval are intended to insure consistency with City codes
and policies and to insure compatibility with the existing neighborhood. The following is an
evaluation of the lot line adjustment proposal in terms of neighborhood compatibility, further
development potential, and consistency with City policies and standards.
A. Neighborhood Compatibility
Buchon Street
The project site is on the edge of an established medium
density residential neighborhood bordered by Penny Lane, so as
Buchon Street, Johnson Avenue and the railroad right-of-way. h
A survey of parcels in this area shows that all of the lots are n
less than 6,000 square feet in size, 60 feet in width and 90 feet $ $ s
in depth. Property adjacent to Parcel 1 at 1516 Penny Lane is P n
approximately 2,260 square feet in area, which is n ,
approximately 175 square feet smaller than the proposed n s a e
Parcel 2. An older neighborhood, this area was developed
prior to the adoption of our Subdivision Regulations. Based �
on this information, staff finds that the proposed size of n s
Parcels 1 and 2 are consistent with the lot pattern established e 0
in the immediate neighborhood.
B. Further Development PotentialR.R.
0
Parcel 1 is developed with a 2-bedroom dwelling and Parcel 2 (del
is vacant. Based on the properties R-2 zoning, Parcel 1 is
considered "built out" in terms of bedroom count. Parcel 2, however, could be developed
with a 2-bedroom dwelling provided lot coverage, parking, setbacks and other property
development standards are in compliance with the zoning district. Chapter 17.12.020.D of
the Zoning Regulations states, "Property development standards shall apply to
nonconforming lots, except that the density standards shall not prevent the construction of a
single dwelling unit." A single dwelling unit equates to a 2-bedroom dwelling per Chapter
17.16.010.A.
C. Consistency with City Policies and Standards
In order to approve the requested exceptions to the Subdivision Regulations, the City Council
must make four specific findings (SLOMC 16.48.020), as follows:
1. That the property to be divided (adjusted) is of such size or shape, or is affected by such
topographic conditions, that it is impossible, impractical or undesirable, in the particular
case, to conform to the strict application of the regulations codified in this title.
�-3
11\
Council Agenda Report—LLA 113-03
November 18,2003
Page 4
The shape of Parcel 2 is affected by the angle of the railroad right-of-way in relation to
Penny Lane making it impractical to conform with the strict application of the Subdivision
Regulations. In addition, there are portions of the site affected by severe topographic
conditions that limit feasible alternatives for improvements.
2. That the cost to the subdivider of strict or literal compliance with the regulations is not
the sole reason for granting the modification.
The proposed exceptions will not reduce any costs to the applicant of developing the
property. Granting the adjustment will improve the condition of the existing non-
conforming situation on Parcel 2, making it more suitable for residential development,
without creating any new nonconforming situations on Parcel 1.
3. That the modification will not be detrimental to the public health, safety and welfare, or
be injurious to other properties in the vicinity.
With the requested exceptions, the resulting parcels will be consistent with the lot area and
dimensions of other properties in the immediate vicinity. Future development will need to
comply with the City's Zoning Regulations and Community Design Guidelines for new
development, which addresses architectural design, building height and setbacks, overlook
and privacy, and protection of solar access. In addition, the development of a single
dwelling unit will not significantly increase traffic or adversely affect circulation on Penny
Lane. Therefore, granting this modification will not be detrimental to the public health,
safety and welfare or injurious to other properties in the vicinity.
4. That granting the modification is in accord with the intent and purposes of these regulations,
and is consistent with the general plan and with all applicable specific plans or other plans
of the city.
The lot line adjustment is consistent with the purpose of the Subdivision Regulations
because the proposed lot design will minimize conflicts between adjacent properties and
is designed to help support a desirable living environment on the site. Granting the
adjustment will improve the nonconformity of Parcel 2 and meet the intent of the Zoning
Regulations (17 12.010), which is to provide for the reasonable use of nonconforming lots.
General Plan Land Use Element policies 2.2.6 and 2.2.10 support projects that are
compatible with existing neighborhoods and development that occurs as part of a
neighborhood pattern. The proposed project is consistent with these Land Use Element
policies because the resulting lots are similar in size and dimension to other properties in
the immediate neighborhood.
Conclusion
Staff supports the proposed lot line adjustment for several reasons. 1) The lot line adjustment
will not result in a greater number of lots then presently exists. 2) The appearance of the lots
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Council Agenda Report—LLA 113-03
November 18,2003
Page 5
from the street will be consistent with the pattern and spacing of development in the immediate
vicinity and with the City's property development standards. 3) The lot line adjustment
minimizes the potential for conflicts between adjacent properties and is designed to respect site
constraints while providing additional development potential on Parcel 2. 4) Granting the
exception allows the existing house to remain in its present form and location and facilitates the
construction of much needed housing, both of which are considered consistent with the General
Plan. 5) Staff believes that no useful purpose would be realized by strict compliance to the
regulations given the minor nature of the request.
CONCURRENCES
The Public Works and Utilities Departments have reviewed the project and provided comments
that have been incorporated into the recommended resolution as conditions of approval or code
requirements.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan,it has a neutral fiscal impact.
ALTERNATIVES
1. The Council may approve the lot line adjustment with modified findings and/or
conditions.
2. The Council may deny the lot line adjustment and or requested exceptions if the
necessary findings cannot be made. ,
3. The Council may continue discussion if additional information is needed. Direction
should be given to staff and the applicant.
ATTACHMENTS:
1. Vicinity Map
2. Reduced scale Preliminary Lot Line Adjustment Map
3. Applicant's letter dated September 25, 2003
4. Draft Resolution "A" as recommended by staff
5. Alternative Draft Resolution `B" to deny the proposed project
GAtcorey\CC\LLA 113-03 Koch\LLA 113-03 rpt.doc
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Attachment 3
John Koch
67 South Street
San Luis Obispo, CA 93401 (805)441-9300 iohnchristiankoch(a),vahoo.com
September 25, 2003 CITY 0 F SA;';* L-
Tyler Corey, Associate Planner SEP 2 9
City Planning Staff J,
City of San Luis Obispo
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San Luis Obispo, CA 93401 y p _,';'':_,,
I
re: Situation Statement for lot line adjustment between 1530 and 1570 Penny Lane:
an action in support of affordable housing, infill, and neighborhood preservation
Tyler,
I am writing to clarify my-plans regarding the above properties.
We have established that 1570 is a legal lot and that I am entitled to build a two bedroom
unit there per our state and local regulations. 1530 Penny Lane is currently a 2 bedroom
house on a 4792 sq ft lot and 1570 Penny Lane is a small empty lot of 1686 sq ft.
I will be asking our City Council members to approve my request to take 750 sq ft from
1530 and give it to 1570 in order to improve its character and potential. Jeff Hook has
stated that this would create the best balance for the optimum use of both properties.
This action will not decrease the value and use of 1530 with its 2 bedroom unit:
a. The 1530 lot area before the action is 4792 sq ft with a density unit value of 1.32.
The adjustment results in 4042 sq ft. with a density unit value of 1.13. Both areas
support only a 2 bedroom dwelling.
b. Paul Buscher of Century 21 has stated that the action will have no appreciable
effect on the market value of the house or the use of its still generous side yard.
This action will significantly increase the value and use of 1570:
a. Although I am entitled to build on this lot as it stands, the additional area will
allow me to build a more usable and aesthically pleasing cottage on the property.
b. Consistent with planning guidelines, this action is consistent with and will
preserve Penny Lane's character by enhancing the potential of this lot.
c. This action will increase 1570 lot size to 2436 sq ft,.consistent with other lots
right next door. Two doors down is 1516 Penny Lane,a 2 bedroom unit on a
2250 sq ft lot, and behind that is 1525 Johnson, another 2 bedroom unit on
another 2250 sq ft lot. Both of these are smaller than the new 1570 size.
d. This action is a vote in support of both affordable housing and infill. It will be a
small house on a small lot, and we need more of them in SLO.
1
- Attachment 3
What is my intention for 1570 Penny Lane?
a. I am saddened by the fact that my ex-wife and I are forced to sell 1530 Penny
Lane as part of our divorce agreement. We both adore the neighborhood and our
neighbors. This action will allow the to build a small retirement cottage next to
the house where our children played for years, which I would not otherwise be
able to afford to do. It is affordable housing for me.
b. I will not sell the lot to a developer, and I will build something beautiful on it that
will enhance both Penny Lane and the City. I already have a reputation for doing
modest redevelopment where good taste has counted more than money:
1. In 2003 I was responsible for moving the dilapidated C.H. Jesperson
house from where it was parked on Marsh Street for 2 years to an empty
lot I owned at 67 South Street. I was mentored by Jeff Hook and had the
full support and enthusiasm of the Planning Department. I completely.
restored an historic house the CHC is interested in recognizing. I kept this
cultural heritage in the City and in a CS-MU zone in need of housing. I
would have made more money building a zero-setback block building
where this Victorian Bungalow now stands,but this was more noble.
.2. In 2000 and 2001, 1 completely gutted and restored 598 Mitchell, at the
time perhaps the most run-down home in SLO. The work transformed an
eyesore into a little Arts& Crafts dollhouse currently owner-occupied.
Please grant me this lot line adjustment and I will do another tasteful home that will be
affordable,create infill, and be consistent with the unique charm and character of our
neighborhood on Penny Lane.
Sincerely,
4JoKoch
2
Attachment 4
RESOLUTION NO. (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A LOT LINE ADJUSTMENT WITH
EXCEPTIONS TO THE LOT AREA,WIDTH AND DEPTH
REQUIREMENTS FOR PROPERTY LOCATED AT
1530 AND 1570 PENNY LANE, (LLA 113-03).
WHEREAS, the City Council conducted a public hearing on November 18, 2003, and
has considered testimony of the applicant, interested parties and the evaluation and
recommendation of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are consistent with the Zoning and Building Regulations, and other
applicable City ordinances; and
WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as
provided for by California Environmental Quality Act Guidelines, Section 15305 Minor
Alterations in Land Use Limitations.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(LLA 113-03), the applicant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
2. The proposed lot line adjustment is categorically exempt from environmental review,
pursuant to Section 15305 of the CEQA Guidelines.
3. The property to be divided is of such size or shape, or is affected by such topographic
conditions, that it is impossible, impractical or undesirable, in this particular case, to
conform to the strict application of the regulations codified in Title 16 of the Municipal
Code (Subdivision Regulations), because the shape of the site is constrained by the angle
of the railroad right-of-way in relation to Penny Lane and severe topographic conditions
exists on portions-of the site limiting feasible alternatives for improvements.
4. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the modification because the adjustment will improve the
existing nonconforming situation at 1570 Penny Lane, making it more suitable for
residential development, without creating any new nonconforming situations at 1530
Attachment 4
Resolution No. (2003 Series)
Page 2
Penny Lane.
5. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the resulting parcels are consistent with
the lot area and dimensions of other properties in the immediate vicinity.
6. Granting the modification is in accord with the intent and purposes of these regulations,
and is consistent with the general plan and with all applicable specific plans or other
plans of the City because the proposed lot design will minimize conflicts between
adjacent properties and is designed to help support a desirable living environment on the
site.
SECTION 2. Approval. The request for approval of the Lot Line Adjustment(LLA 113-
03) with exceptions to the Subdivision Regulations for lot area, width and depth, is hereby
approved subject to the following conditions and code requirement.
Conditions:
1. All future development on the affected properties shall comply with the provisions of the
Zoning Regulations, including building setbacks, lot coverage and parking.
2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment", along with the recording and processing fees, and an 8 '/z" x 11" map
exhibit suitable for recording, to the Public Works Director for review, approval and
recordation, based on samples available in the Community Development Department.
3. Provide a separate exhibit documenting zoning and building code compliance to the
satisfaction of the Community Development Department prior to recordation of the LLA.
4. A separate exhibit showing all existing public and private utilities shall be approved to
the satisfaction of Community Development Director and Public Works Director prior to
recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any utility company meters for each parcel if
applicable. Any utility relocations shall be completed with proper permits prior to
recordation of the LLA. Otherwise, easements shall be prepared and recorded to the
satisfaction of the Community Development Director, Public Works Director and serving
utility companies.
Code Requirement:
1. Each parcel is to have its own separate water and wastewater service laterals. Existing
water and sewer services shall be properly relocated and resized, if necessary, to ensure
that each parcel is appropriately served in accordance with City standards.
_ Attachment 4
Resolution No. (2003 Series)
Page 3
On motion of , seconded by and on the following roll call
vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 18`h day of November, 2003.
Mayor David F. Romero
ATTEST:
City Clerk Lee Price
APPROVED AS TO FORM:
City ey Jonathan Lowell
r-iZ
Attachment 5
RESOLUTION NO. (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING A LOT LINE ADJUSTMENT WITH EXCEPTIONS
TO THE LOT AREA,WIDTH AND DEPTH REQUIREMENTS FOR
PROPERTY LOCATED AT
1530 AND 1570 PENNY LANE, (LLA) 113-03).
WHEREAS, the City Council conducted a public hearing on November 18, 2003, and
has considered testimony of the applicant, interested parties and the evaluation and
recommendation of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are not consistent with the Zoning and Building Regulations, and other
applicable City ordinances; and
WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as
provided for by California Environmental Quality Act Guidelines, Section 15305 Minor
Alterations in Land Use Limitations.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(LLA 113-03), the applicant's statement, staff recommendations and reports thereof, makes the
following findings:
[Council specifies findings]
SECTION 2. Denial. The Lot Line Adjustment at 1530 and 1570 Penny Lane (LLA 113-
03) is hereby denied.
On motion of seconded by , and on the following roll call
vote:
AYES:
NOES:
ABSENT:
�-13
Attachment 5
Resolution No. (2003 Series)
Page 2
The foregoing resolution was passed and adopted this 18`h day of November, 2003.
Mayor David F. Romero
ATTEST`.
City Clerk Lee Price
APPROVED AS TO FORM:
City Attorney Jonathan Lowell
{ Or reiLU'M -M
rJ4 PYZ lqL)'A Kr• (eta
Statement of Neighborhood Support
The undersigned neighbors are in support of John Koch's request for a lot line adjustment(LLA)between
1530 Penny Lane (Parcel 1) and 1570 Penny Lane(Parcel 2). See map. We have received a copy of the,
Council Agenda Report prepared by City Planner Tyler Corey in support of this adjustment.
John Koch has summarized for us the following facts taken from Mr. Corey's report:
A. Neighborhood Compatibility: The proposed re-sizing of Parcel 1 and 2 is consistent with lot sizes
in the immediate neighborhood. With the LLA, neither lot will be the smallest lot on Penny Lane.
B. Development Potential: Koch is already legally entitled to build a 2-bedroom dwelling on Parcel
2 without the LLA provided said dwelling complies with development standards.
C. Purpose of the LLA: to improve the development potential and usability of Parcel 2 without
creating new nonconforming situations on Parcel 1. In this regard:
John Koch assures us he will not cut down any of the mature Eucalyptus trees on Parcel 2 and that the
LLA will make it easier to build a small residence on the site without crowding the trees.
John Koch states that he will build a residence consistent with the architectural genre of the neighborhood
and will preserve the charm and character of the Penny Lane,neighborhood.
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2. Hollis (owner) 1513 Penny Lane & is 12 n 10 ID h
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3. Lou -Sue`Ca L* 4wners) 1227 Buchon Street so AS
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4. Eric and Cynthia MOowners) 1234 Buchon, 12: �' 4s
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1242 Buchon, 1241 Pismo, and 1253 Pismo s0 so so AS
5. Mary Ellen Gibson, Stephan Lamb (owners) ' 2 a ,�81
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7. Ben an Diana_ ells (owners) 1525 Johnson Ave " ' 2 a 1
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