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HomeMy WebLinkAbout01/03/2006, PH1 - CONSIDERTION OF A LOT LINE ADJUSTMENT MAP WITH EXCEPTIONS TO THE SUBDIVISION REGULATIONS, 275 HIGH council "�°°� 113104Q j acenoa REpont 1�Nb� CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direcr Prepared By: Tyler Corey, Associate Planner SUBJECT: CONSIDERTION OF A LOT LINE ADJUSTMENT MAP WITH EXCEPTIONS TO THE SUBDIVISION REGULATIONS, 275 HIGH STREET & 2031 CYPRESS STREET (LLA 148-05). CAO RECOMMENDATION Adopt draft Resolution "A," approving a lot line adjustment, with exceptions to the Subdivision Regulations, based on findings, and subject to conditions and code requirements. DISCUSSION Data Summary Address: 275 High Street & 2031 Cypress Street Applicant: Matthew Piper Representative: Westland Engineering, Inc. Zoning: R-2 (Medium Density Residential) General Plan: 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 City has received an application for a Lot Line Adjustment (LLA) map on a 10,750 square foot site located near the corner of High and Cypress Streets (see Vicinity Map, Attachment 1). This property consists of 2 existing lots of record created in 1891 (Portion of Lot 1 & Lot 2 in Block 3 of the Southside Addition to the City of San Luis Obispo). The applicant would like to reconfigure the two existing lots to resolve encroachments,where the dwelling located at 2031 Cypress Street crosses the property line, and provide a more functional lot pattern for the resulting parcels consistent with the neighborhood (see Preliminary Lot Line Adjustment Map, Attachment 2). 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 exceptions to lot area 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 148-05 January 3,2006 Page 2 Site Description The project site is 10,750 square feet in area and comprised of two underlying lots of record. Lot 1 (2031 Cypress) has street frontage and access from Cypress Street and is developed with a 2- bedroom dwelling, detached garage, landscaping and various other site improvements. Lot 2 (275 High) has street frontage and access from High Street and is developed with a 3-bedroom dwelling, landscaping and various other site improvements. The site and surrounding neighborhood is zoned R-2 (Medium Density Residential) and most of the properties in the block and surrounding neighborhood are non-conforming due to less than standard lot sizes and configurations. Proiect Description The project is an adjustment of the lot line separating two, commonly owned, non-conforming lots. Lot I is approximately 65x50 or 3,250 square feet; Lot 2 is approximately 50x150 or 7,500 square feet. The project involves relocating the dividing line separating the lots to bring Lot 1 into compliance with building code standards that prohibit construction over property lines and provide a more functional lot pattern for the resulting parcels consistent with the neighborhood. With the adjustment, Lot 1 (Parcel 1) will increase in size from 3,250 to 6,500 square feet and Lot 2 (Parcel 2) will decrease in size from 7,500 to 4,250 square feet. In addition, a 5-foot wide drainage easement paralleling the westerly property line is proposed on Parcel 2 for the benefit of Parcel 1. Requested Exceptions The proposed lot line adjustment requires exceptions to the lot area and depth requirements established for the R-2 zoning district. These non-conformities are identified in bold in Table 1 below. Table 1: Comparison of Proposed Lots and R-2 Zoning District Standards Municipal Code Requirements Existing V.Proposed Parcel 1 Parcel 2 Existing Proposed Existing Proposed Minimum lot size: 6,000 sq. ft. 3,250 sq.ft 6.500 sq. ft. 7,500 sq.ft. 4,250 sq.ft. Minimum lot depth: 90 ft. 50 ft. 100 ft. 150 ft. 85 ft. Minimum lot width: 60 ft. 65 ft. 65 ft. 50 fL 50 ft.* Minimum street frontage: 40 ft. 65 ft. 65 ft. 50 ft. 50 ft * Parcel 2 has an existing non-conforming lot width of 50 feet. No change is being proposed to this existing width. Therefore, an exception for width is not required. Council Agenda Report—LLA 148-05 January 3,2006 Page 3 _ 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 exceptions are being requested, the Subdivision Regulations provide a process for the City Council to approve exceptions if specific findings are made (Attachment 3, Draft Resolution "A"). General-Plan Conformance The project site is designated as Medium Density Residential on the General Plan Land Use Element (LUE) map and located within an older established residential neighborhood. This land use designation_ allows up to 12 dwellings per net acre. Parcel 1 will be of adequate size to accommodate the existing 2-bedroom residence (Parcel 1 = 1.79du/ac where 1.00du/ac is required). However, the reduced lot area for Parcel 2 will not accommodate, the existing 3- bedroom dwelling (Parcel 2 = 1.17du/ac where 1.5du/ac is required). To address this issue, the applicant has proposed to convert one of the bedrooms in the dwelling to living space (non- bedroom) consistent with the Zoning Regulation's definition of "den" space and the intent and purpose of the site's land use designation. Project conditions are included in the Draft Resolution that documents this requirement. General Plan LUE Policies 2.2.6 and 2.2.10 and Housing Element Policy 3.2.6 discuss the City's desire to retain existing neighborhood scale, character and historic pattern of development. The subject site is surrounded by a variety of housing types on High Street parcels that are wide ranging in 30 size (3;500 s.f. to 16,270 s.f.) a Lot 2' �m Y and density (.96 du/ac to 4.48 e p du/ac). As proposed, the lot line b Lbt e adjustment will not alter the e s historic development pattern e established in the neighborhood, t t but simply correct an existing r / e non-conforming situation where e e a building has been constructed t t across a property line. A survey Sandercock Street of parcels in .the area indicates that approximately 60% of the properties in the block have lot depths less than 90 feet or lot areas less than 6,000 square feet, as identified by a check mark on the map above. An older neighborhood, this area was developed prior to the adoption of our Subdivision Regulations. Based on this information, staff finds the proposed lot area and depth for Parcel 2 consistent with 1 Council Agenda Report—LLA 148-05 January 3,2006 Page 4 General Plan policies related to neighborhood preservation and character, and the lot pattern established in the older 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 adjustment will not alter the historic development pattern established in the neighborhood or appearance of the lots as viewed from the street. 3) Although both lots will not be made conforming, the degree of non- conformities will be reduced. The smallest lot among the two becomes larger and the building code violation is eliminated. 4) As conditioned, granting the exception will not alter the development pattern established in the neighborhood or exceed density provisions of the Medium Density Residential land use designation, which is considered consistent with the General Plan. 5) 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. 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 exceptions 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. Draft Resolution "A" as recommended by staff 4. Alternative Draft Resolution `B to deny the proposed project Enclosed:.Full-size Preliminary Lot Line Adjustment Map G`.\tcorey\CC\LLA 148-05 Piper\LLA 148-05 rpt.doc Atta:hment 1 - - C- -mu -3 2 -3 -M C-S -S-MU C-S R- HIGH R w W W _. ILV � d -S-M U R VICINITY MAP File No. 148-05 N 275 High A �-5 z o Attachment 2 MIC Siga LU X-RIN �1 a • W F gy'"tl �k< t- p �i suam o Q 0�� Zwm� �' "YJ Seo` d1�� _ 'figg 1 !n .. i ya ij, +� H 2 0 —1 g� LLJ 0 ILw �g � d Q W° z Zx IX� b as �$: z jai; $ € " 'a cz—i 09- a,- Lu _ a sae � x z J o g m z a s m U) O 33 w� wig I`all8� W �3�b ����� Q� 0 3 baan:)IH lOe AbMHO1H. i Vol a s t i�8 0 c � a 4 13MUS SS3UdAO � a MN3tr�M S N3M35�N16IX3.9 5 41 z it Q %61 W y N w Q ) W 6 vu u f N'IMOd �N(V IL N9 �N rMW � � a LU 3Nf1 0'1•JNLL�SIX� w N CO H w gy. I Go g� s ,DCI Y ,CODON "" 'JNI'J'IIlIB'JNLLSIX3 , Q Gg of O zIN � < UrF E � 9 o gs o IN Ogg WWII ° °Xl$ - I J Attachment 3 Draft Resolution "A" RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA AND DEPTH REQUIREMENTS FOR PROPERTIES LOCATED AT 275 HIGH STREET & 2031 CYPRESS STREET, (LLA 148-05). WHEREAS, the City Council conducted a public hearing on January 3, 2006, 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 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 148-05), the applicant's statement, staff recommendations and reports thereof, makes the following findings: i. 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 minor exceptions 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. As conditioned, the sites are physically suited to the type and density of development allowed in the R-2 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 Attachment 3 Resolution No. (2006 Series) Page 2 (Subdivision Regulations) because the site is constrained by the location of an existing dwelling that is situated across the dividing property line that separates the two lots. 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 2031 Cypress Street into compliance with Building Code standards and allow structures on both properties 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 depth of other properties in the vicinity and the proposed lot design will minimize conflicts between adjacent properties. 8. As conditioned, 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 exceed density provisions of the Medium Density Residential land use designation. SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA 148- 05) with exceptions to the Subdivision Regulations for lot area and depth, is hereby approved subject to the following conditions and code requirements. Conditions: 1. Prior to recordation of the lot line adjustment, the existing 3-bedroom dwelling on Parcel 2 shall be converted to a 2-bedroom dwelling, consistent with the Zoning Regulation's definition of"den" space, subject to the approval of the Community Development Director. 2. Prior to recordation of the lot line adjustment, a "Conditions of Use of Structure" agreement shall be entered into between the property owner and the City to ensure that existing and future development on Parcel 2 shall not contain more than two (2) bedrooms, consistent with the density calculation for the property. Code Requirements: 1. Prior to recordation of the lot line adjustment, a building permit application will be required to convert the existing 3-bedroom dwelling on Parcel 2 to a 2-bedroom dwelling, subject to the approval of the Chief Building Official. 2. The proposed drainage easement on Parcel 2 for the benefit of Parcel 1 shall be recorded prior to or concurrent with the recordation of the final LLA agreement, subject to the approval of the Public Works and Community Development Directors. Eo Attachment 3 Resolution No. (2006 Series) Page 3 3. Prior to recordation of the lot line adjustment, the existing overhead telephone line crossing Parcel 1 serving Parcel 2 shall be located within an easement if required by the serving utility company. Provide a copy of an existing easement or notification from the serving utility company that an easement is not required. 4. 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 11" map exhibit suitable for recording. 5. 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 P day of January, 2006. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: "s Jo well, City Attorney /- 9 Attachment 4 Draft Resolution `B" RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA AND DEPTH REQUIREMENTS FOR PROPERTIES LOCATED AT 275 HIGH STREET & 2031 CYPRESS STREET, (LLA 148-05). WHEREAS, the City Council conducted a public hearing on January 3, 2006, 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 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 148-05), the applicant's statement, staff recommendations and reports thereof, makes the following findings: [Council specifies findings] SECTION 2. Denial. The Lot Line Adjustment at 275 High Street and 2031 Cypress Street (LLA 148-05) is hereby denied. Attachment 4 Resolution No. (2006 Series) Page 2 On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 3`d day of January, 2006. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney l�