Loading...
HomeMy WebLinkAbout12/07/2004, PH9 - CONSIDERATION OF A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH AN EXCEPTION TO LOT WIDTH, 465 & 46 councit j ac En as RepoRt k..Nb. CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direct Prepared By: Tyler Corey, Associate Planner SUBJECT: CONSIDERTION OF A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS WITH AN EXCEPTION TO LOT WIDTH, 465 & 467 DANA STREET(LLA 177-04). CAO RECOMMENDATION Adopt draft Resolution "A," approving a lot line adjustment, with an exception to the Subdivision Regulations,based on findings and subject to code requirements. DISCUSSION Data Summary Address: 465 &467 Dana Street Applicant: Richard and Adian Lenz Representative: Jensen-Lenger Surveys Zoning: R-3-H (Medium-High Density Residential Historic) General Plan: Medium-High 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 owners of 465 Dana Street, Richard and Adian Lenz, would like to adjust the lot line between two parcels located on the southerly side of Dana Street (see Vicinity Map, Attachment 1). The parcels are individually owned and both property owners consent to the adjustment. On July 29, 2003, the applicants received approval of a lot line adjustment along the southwest property line to correct a situation where the existing home was built over the property line. A similar situation exists along the northeast property line where portions of two buildings on the adjacent property cross over the property line. The applicant has submitted an application for architectural review to allow additional development at the rear of the site. Based on the site's R-3 zoning, density standards would allow for additional units to be added to the property. However, an accurate estimate of development potential cannot be calculated until the encroachment issues along the northeast property line are corrected. The project has been evaluated for consistency with the City's General Plan, Zoning Regulations, Subdivision Regulations and building codes and it has been determined that an exception to lot width is 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 177-04 December 7,2004 Page 2 Site Description The project site is approximately 23,962 square feet in area and comprised of two separate parcels (APN's 002-402-004 & 003). Parcel A (467 Dana Street) is developed with the Andre apartments, constructed in 1958; Parcel B (465 Dana Street) is developed with a four-bedroom dwelling, which is on the City's Inventory of Historic Resources as a contributing building, constructed before 1927. The properties are located within the Downtown Historic District and are surrounded by similar residential development. San Luis Creek borders the properties to the south and Highway 101 is located within '/4 mile; to the north and west. Project Description The project is an adjustment of the lot line separating two parcels. Parcel A, is approximately 50x205 or 10,797 square feet; Parcel B,.is approximately 64x205 or 13,165 square feet. The project involves moving the existing property line in a southwesterly direction approximately 10.5 feet to bring Parcel A into compliance with building code standards that prohibit construction over property lines and provide an accurate density calculation for Parcel B (see Preliminary Lot Line Adjustment Map, Attachment 2). With this adjustment, Parcel A will increase in size from 10,797 to 13,003 square feet and Parcel B will decrease in size from 13,165 to 10,926 square feet. In addition, a 5-foot wide building maintenance easement paralleling the northeast property line is proposed on Parcel B for the benefit of Parcel A. Requested Exception The proposed lot line adjustment requires an exception to the lot width requirement established for the R-3 zoning district. This exception is identified in bold in Table 1 below. Table 1: Comparison of Proposed Lots and R-3 Zoning District Standards Municipal Code Requirements Proposed Project Parcel A Parcel B Minimum lot size: 6,000 square feet 13,003 square feet 10,926 square feet Minimum lot depth: 90 feet 205 feet 205 feet Minimum lot width: 60 feet 60 feet 53 feet Minimum street frontage: 40 feet 60 feet 53 feet 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 the General Plan, local zoning and building ordinances. Specifically, a local agency cannot impose conditions or exactions on its approval of a lot line adjustment except to conform to the General Plan, local zoning and building ordinances; or to facilitate the relocation of existing utilities, infrastructure or easements. Although an exception is being requested, the Subdivision Council Agenda Report—LLA 177-04 December 7,2004 Page 3 Regulations provide a process for the City Council to approve exceptions if specific findings are made (Attachment 4, Draft Resolution"A"). General Plan Conformance The project site is designated as Medium-High Density Residential on the General Plan Land Use Element (LUE) map and located within an older established residential neighborhood. General Plan LUE Policies 2.2.6 and 2.2.10 and Housing Element Policies 3.2.5 and 3.2.6 discuss the City's desire to retain existing neighborhood scale, character and historic pattern of development. As proposed, the lot line adjustment will not alter the historic development pattern established in the neighborhood, but simply correct an existing non-conforming situation where buildings have been constructed across a property line. A survey of parcels along this portion of Dana Street indicates that approximately 50% of the properties have lot widths of less than 60 feet, as identified by a check mark on the map below. An older neighborhood, this area was developed prior to the adoption of our Subdivision Regulations. In addition, the historic lot width of Parcel B was 50 feet prior to the approval and recordation of the lot line adjustment for the southwest property line, which occurred in April of this year. Based on this information, staff finds the proposed lot width for Parcel B consistent with General Plan policies related to neighborhood preservation and character, and the lot pattern established in the older historic neighborhood. r O 20 19 .j 1 Its 14 IS � j I • 11 1 , I I I O a l 60 °J I 401 Y I 1 I 14o I 141-So hep X21 32.5 1 w _34323.19Dana Street ' �•�: m 91.84 =13 133 + I K C 43 s ' 10 O m / 4s 1` 4/V sr e i n I { E °e O 4 '`ro0 Parcel B Parcel A �kr2K 12 9'3 J Council Agenda Report—LLA 177-04 December 7,2004 Page 4 Buildine Code Requirements Portions of two buildings located , on Parcel A cross over the property line shared with Parcel "�► Building Encroachments B. This is an existing non- i conforming situation that must be addressed prior to allowing any additional development on either . ` Parcel A property. With the proposed adjustment, the location of the new lot line will be immediately Parcel S + adjacent to these non-conforming x buildings. Building Code standards require all existing exterior walls less than 5 feet ttr from a property line to be altered to become one-hour fire-resistive Existing Property Line ' # assembly, with no windows allowed. Based on the design of the existing structures, which include windows less than 5 feet from the proposed property line, building modifications will be required. Any required alterations to the existing buildings must be completed with proper permits prior to recordation of the lot line adjustment. A code requirement is included in the Draft Resolution that documents this requirement. 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 adjustment will not alter the historic development pattern established in the neighborhood or appearance of the lots as viewed from the street. 3) The adjustment corrects a non-conforming building situation where structures are constructed over a property line and reduces the potential for conflicts between adjacent properties. 4) The adjustment will provide an accurate calculation of future development potential for Parcel B. 5) Granting the exception allows existing development, including the historic house, to remain in its present form and location, which is considered consistent with the General Plan. 6) No useful purpose would be realized by strict compliance to the regulations given the minor nature of the request and improved lot pattern. CONCURRENCES This item was distributed to various City departments and comments received have been included as code requirements where appropriate. 9-•y I I Council Agenda Report—LLA 177-04 December 7,2004 Page 5 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 deny the lot line adjustment and/or requested exception if the necessary findings cannot be made. 2. 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. Representative's letter dated September 17, 2004 4. Draft Resolution "A" as recommended by staff 5. Alternative Draft Resolution `B" to deny the proposed project Enclosed: Full-size Preliminary Lot Line Adjustment Map GAtcorey\CC\LLA 177-04 Lenz\LLA 177-04 rpt.doc VICINITY MAP File No. 177-04 , Attachment 2 QL Q Y 0 ` S"r7 � � fo a �Qw/xo�d� B# � . 11 -4 f Lk a� 4W It wl 42Aod WACM o� � WAG nunQ � 9-7 Attachment 3 jensen a tenger,UBensed Lad Snrre]Iers P. O. Box 1115, San Luis Obispo, CA. 93406 - Phone & Fax 805/489-6647 September 17, 2004 LOT LINE ADJUSTMENT SLO AL 04-0514 This adjustment is required to address a boundary issue.. The property at 467 Dana encroaches onto the property at 465 Dana by about 3 meters (10 feet) This proposal will move the lot line so that the building improvements on 467 Dana will be on the same parcel with the rest of its improvements and will eliminate the encroachment on 465 Dana. No utility services will need to be relocated as a result of the Lot Line Adjustment. The electric meters for 467 Dana are on the side of the carport and will still encroach onto 465 Dana. An easement or license will be granted to 467 for maintenance and meter reading access. Leonard Lenger Office 489-6647 Fax 489-6647 Cell 235-4005 Susan Jensen, LS 6144 and Leonard Lenger LS 3877 Licensed by the Board for Professional Engineers and Land SurVeyors 9-� Attachment 4 Draft Resolution "A" RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL.OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE AJUSTMENT WITH AN EXCEPTION TO THE LOT WIDTH REQUIREMENT FOR PROPERTIES LOCATED AT 465 AND 467 DANA STREET, (LLA 177-04). WHEREAS, the City Council conducted a public hearing on December 7, 2004, 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 exception are consistent with the General Plan, 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 177-04), 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. With a minor exception to the Subdivision Regulations, the resulting parcels from the lot line adjustment will be more in conformance with the City's Zoning Regulations and Building Code standards. 3. The site is physically suited to the type and density of development allowed in the R-3-11 zone. 4. The proposed lot line adjustment is categorically exempt from environmental review, pursuant to Section 15305 of the CEQA Guidelines. 5. The property to be divided is of such size or shape, or is affected by such site or 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 9- 9 �. Attachment 4 Resolution No. (2004 Series) Page 2 (Subdivision Regulations) because the site is constrained by the location of two existing buildings that are situated across the dividing property line that separates the two parcels. 6. 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 bring the existing development at 467 Dana Street into compliance with Building Code standards and allow structures on both properties, including the historic house, to remain in their present form and location without the need for building demolition or relocation. 7. 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 vicinity and the proposed lot design will minimize conflicts between adjacent properties. 8. 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 adjustment will not alter the historic development pattern established in the neighborhood or appearance of the lots as viewed from the public right-of-way. SECTION 2. Approval. The request for approval of the Lot Line Adjustment(LLA 177- 04) with an exception to the Subdivision Regulations for lot width, is hereby approved subject to the following code requirements. 1. A building permit shall be required for alterations to the existing buildings located at 467 Dana Street. Specifically, all existing exterior walls less than 5 feet from the property line shall be altered to become one-hour fire-resistive assembly, with no windows allowed. Elimination of windows in the wall may require additional windows at another wall to provide required natural light and ventilation. All work required shall be completed and receive final inspection approvals prior to recordation of the LLA. 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" to the Public Works Director for review, approval and recordation, based on samples available in the Community Development Department. The submittal shall include all required recording and processing fees and an 8 '/z" x i l" map exhibit suitable for recording. 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. I J/D Attad hent 4 Resolution No. (2004 Series) Page 3 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. 5. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility relocations or easements if applicable shall be shown to comply with all codes and ordinances for all properties included in the LLA to the satisfaction of the Building Official. 6. Discrepancies between these plans provided for LLA 177-04 and the site plan provided per ARC 184-03 shall be resolved prior to approval of the ARC application and/or recordation of the LLA, whichever is applicable. 7. A record of survey may be required in accordance with Business and Professions Code Section 8762. If required, it shall be recorded with or prior to recordation of the Lot Line Adjustment Agreement. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 7t°day of December, 2004. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jo an Lowell, City Attorney 9��1 Attachment 5 Draft Resolution `B" RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A LOT LINE ADJUSTMENT WITH AN EXCEPTION TO THE LOT WIDTH REQUIREMENT FOR PROPERTIES LOCATED AT 465 AND 467 DANA STREET, (LLA 177-04). WHEREAS, the City Council conducted a public hearing on December 7, 2004, 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 exception are not consistent with the General Plan,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. Findin s. That this Council, after consideration of the proposed project (LLA 177-04), the applicant's statement, staff recommendations and reports thereof, makes the following findings: [Council specifies findings] SECTION 2. Denial. The Lot Line Adjustment at 465 &467 Dana Street (LLA 177-04) is hereby denied. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: Attachment 5 Resolution No. (2004 Series) Page 2 The foregoing resolution was passed and adopted this 7`h day of December, 2004. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney 9�!3