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HomeMy WebLinkAbout05/16/1989, 5 - PD 1437 AND TRACT 1672, A REQUEST TO REZONE A 2.59 ACRE SITE FROM R-2 TO R-2-PD AND SUBDIVIDE THE S 'oi�► ��II��(��I�u�ll���� City of San LUIS OBI SPO "`EIT^?6°`ff A COUNCIL AGENDA REPORT ITIM NUMB! FROM: Michael Multari, Community Development Director; By: David Moran Assistant Planner SUBJECT: PD 1437 and Tract 1672, a request to rezone a 2.59 acre site from R-2 to R-2-PD and subdivide the site into 11 medium density residential lots on the east side of Bullock Lane southerly of Orcutt Road. CAO RECOMMENDATION: The City Council should: 1. Concur with the negative declaration on environmental impact, and 2. Approve the rezoning and subdivision with the exceptions noted and subject to findings and conditions. INTRODUCTION The applicant would like to.rezone this 2.59 acre site to add the Planned Development overlay and subdivide it into 11 medium density residential lots. The Planned Development zone is intended to encourage the imaginative and effective use of difficult building sites by allowing more variation in project design than normal standards would allow. Planned development rezoning must occur simultaneously with with approval of a specific project. In this case, the specific project is a residential subdivision (Tract 1672) in which the applicant wants to distribute the allowable development potential of the entire site among 11 lots and retain the creek area as open space. The transfer of development potential from one part of a site to another can only be done through the PD rezoning process. The Planning Commission voted 4-0 (with two commission vacancies and one absent) to approve both the rezoning and tentative map as submitted and subject to slightly revised findings and conditions than recommended by staff. The revisions are reflected in the draft resolution and ordinance, attached. SIGNIFICANT IMPACTS The Planning Commission concurred with the negative declaration on environmental impact which identified a number of potential impacts relating to noise, land use compatibility and creek habitat preservation and restoration. The project description and conditions of approval for the PD rezoning and tentative map have been revised to mitigate these concerns. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION The City Council may approve either the PD rezoning or the subdivision or both. If the subdivision is approved without the. PD rezoning, the transfer of development potential could not take place; the site could be developed under conventional design and density standards of the R-2 zone. If neither the PD rezoning or subdivision is approved, the site could be developed as a single site, consistent with conventional standards. city of san Luis oBispo COUNCIL AGENDA REPORT PD 1437 Page 2 Data Summary Address: 3450 Bullock Lane Applicant: Don Hubbard Representative: EDA (Jeff Emrick) Present Zoning: R-2 Present General Plan: Medium density residential Environmental Status: A negative declaration on environmental impact with mitigation was adopted by the Director on March 29, 1989. Action Deadline For Tr. 1672: May 16, 1989 Site Description The site consists of an irregularly shaped 2.59 acre parcel. The site is traversed by a minor creek tributary and slopes gently from east to west. Significant vegetation includes numerous eucalyptus trees, a 10" pepper and willows along the creek. The site is surrounded by mobile home parks to the northeast and south and is adjacent to a nonconforming commercial building to the north. The railroad right-of-way runs parallel to Bullock Lane and is approximately 100 feet from the site to the west. Full frontage improvements are in place along the project's entire Bullock Lane frontage. Evaluation Evaluation 1. Density Transfer The subject site has a development potential of 24.48 equivalent dwelling units (2.04 acres net area X 12 units/acre in the R-2 zone = 24.48). The applicant would like to dedicate the creek as an open space easement and transfer the development potential from the creek to the eleven lots. The transfer of development potential from one part of a site to another can only be done through a PD rezoning. Staff and the Planning Commission support the proposed transfer of development potential because: The total number of units on the site would be the same as if the site were developed without individual lots (for example, if it were a condominium project). -- The riparian habitat of the creek area would be protected and preserved for the enjoyment of the entire neighborhood. -- The pattern and density of development would be less than the surrounding mobile home parks. -- The allowable development within the site would be transferred from an area of greater environmental sensitivity (the creek area) to areas of less sensitivity (a required finding for PD rezoning approval). 2. Preliminary Plan and Exceptions To Design Standards -- The preliminary development plan shows the northerly portion of the site subdivided into 11 lots ��� ► i�IIIIIpA��U city of San tuts OBispo COUNCIL AGENOA REPORT PD 1437 Page 3 around a cul-de-sac which runs parallel to the minor creek. It is the intent of the applicant to subdivide the site and sell the lots which would then be developed individually but consistent with the development concept shown on the first page of the plans (Willow Circle). Each lot is proposed to be developed with a common driveway access. Even though all new projects on the site will require approval by the Architectural Review Commission, the applicant proposes a deed restriction on the subdivision which requires, among other things, private architectural review to insure compliance with the development concept for the project (refer to applicant's, attached). The plans show 15 foot street yards for lots 4 through 11 where 20 feet is normally required. In light of the irregular shape of the lot and the restrictions outlined above (which are included as conditions of the PD rezoning approval), staff and the Planning Commission concluded that the reduced yards are appropriate. In order to approve a PD rezoning, the City Council must make one or more required findings which say that the project provides benefits which would not otherwise be achievable through conventional design standards. In this case, the Planning Commission found that the preservation of the creek as a permanent open space and pedestrian access easement is a benefit accruing to the entire community as well as an amenity for the project occupants which would not be achieved if the site were subdivided with lots on both sides of the street. 3. Lot Configuration -- The proposed subdivision will result in 8 lots with the, minimum lot size of 6000 square feet and two that are 6200 square feet. Lot 11, which includes the creek, is 28,500 square feet, although the actual development potential of this lot is only 1.3 equivalent units because of the slope of the creek. Because of the irregular shape of the parent parcel and the desire to use minimum lot sizes, two of the lots (5 and 7) do not meet city standards and Lot I just makes the minimum. Lot 5 necessitates an exception to allow a 60 foot depth where 90 feet is required. Lot 7 requires an exception to allow an average width which is less than the required 60 feet. Staff and the Planning Commission found these exceptions to be justified because: ' The parent parcel has an irregular shape. ' The proposed PD rezoning will establish a pattern and scale of development consistent with the proposed lot configuration. ' The desire to preserve the minor creek as open space confines the developed area to the more irregularly shaped portion of the site. 4. Street Section and On-Street Parking -- The tentative map shoes a proposed 46 foot right-of-way for the cul-de-sac with 32 feet of paving and curb, gutter and sidewalk along the northerly side of the street adjacent to the proposed dwellings. The proposed street section will accommodate two travel lanes and on-street parking along the side of the street next to the dwellings. City standards for a cul-de-sac of this length usually requires a 36 foot curb to curb section with curb, gutter and sidewalk along both sides of the street to accommodate two travel lanes and parking along both sides. An exception is needed to allow the deletion of the sidewalk along j��lll city of san tuts osispo COUNCIL AGENDA REPORT PD 1437 Page 4 the southerly side of the proposed cul-de-sac. The Planning Commission and staff found the reduced street section with parking along one side to be justified because: ' The added unpaved area adjacent to the creek will allow greater creekside vegetation restoration than if the sidewalk was installed. ' The proposed curb on the southerly side of the street maintains an average 20 foot setback from the top of bank for the creek. ' The common driveways proposed with the PD development plan will maximize opportunities for on-street parking along the northerly side of the street nearest the dwellings. ' Although the Planning Commission concluded that additional guest parking was unwarranted for the project, it could be provided in other ways: Wider Street Section — The street section could be widened on the northerly (dwellings) side of the street to accommodate parking by utilizing the 2 foot unpaved area in the right-of-way behind the sidewalk which is normally used for public utilities, plus an additional 2 feet from the frontage of lots 3, 4 and 5. A 6 foot public utilities easement would then be required over these lots. Minor adjustments to the lot boundaries between lots 4 and 5 and between lots 2 and 3 would result in conforming lot sizes, but would worsen the need for a depth exception for lot 5. Additional Offstreet Parking — A second solution would be to require an additional offstreet guest parking space.for each lot. Parking In The Cul-De-Sac -- Since the radius of the cul-de-sac will not allow curb-side parking for guests, the applicant has proposed four parking spaces in the center of the cul-de-sac. The subdivision regulations allow a landscaped island in the center of a cul-de-sac so long as space is maintained for turning and backing out of driveways, as determined by the City Engineer. The Public Works Department does not support parking and landscaping in the center of cul-de-sacs because of the added maintenance costs to the city and because of the access constraints it creates for the cul-de-sac lots. The Planning Commission concluded that this added parking would be needed and approved is as part of the PD and subdivision. 5. Alternative Design Options -- Even though the proposed design requires minor exceptions to city standards, staff feels the benefit of preserving and restoring the creek is sufficient justification, particularly in light of the irregular shape of the parent parcel and since the PD rezoning will establish a level of development compatible with the subdivision design. Nevertheless, the parking, street section and lot configuration problems outlined above could be eliminated through one or more of the following project alternatives: Larger Lots -- A simple solution to the need for parcel size and shape exceptions would be to use larger lots. For example, 8000 square foot lots could be established which meet city standards for lot size and street section requirements. If the allowed development potential for the entire site is to be distributed by way of a transfer of development potential from the creek, then the same number of units could S- �I��»�N►�IIIIII��pn�u����U city of san LUIS OBISPO MOM COUNCIL AGENDA REPORT PD 1437 Page 5 be built (24.48) only on fewer lots. The drawback to the developer is the reduced number of lots which can be sold. Condominium Alternative -- Another way to avoid lot size, street section and density exceptions is to subdivide the site as a condominium with the creek as part of the common area. The applicant has expressed a desire to not develop a condominium on this site. Zero Lot Line Development -- Still another alternative would be to develop the the lots with common driveways as proposed and with the duplexes oriented back-to-back on the common property lines. The advantage would be increased undeveloped areas which could be used for open space, yards, guest parking and sheltering of yards from noise. The Planning Commission considered these alternatives and concluded that the proposed project design was appropriate. 6. Environmental Impacts -- The initial environmental study for the project (attached) identified potential impacts relating to noise exposure from the adjacent railroad tracks, potential nuisance problems from the parking lot for the adjacent commercial building, as well as potential impacts to the creek; mitigation measures are included. ALTERNATIVES 1. Adopt Draft Ordinance No. 1 approving PD 1437 and Draft Resolution No. I approving Tract 1472 with findings and conditions as recommended by the Planning Commission (staff recommendation). 2. Adopt Draft Ordinance No. 1 approving PD 1472 and Draft Resolution No. 2 denying Tract 1472. (PD rezoning without the subdivision). 3. Adopt Draft Resolution No. 3 approving Tract 1472 and denying PD 1437. (Subdivision without the PD rezoning.) 4. The Council may continue review of this item to a later date. Staff asks the council to give specific direction to the subdivider and staff as to changes requested. OTHER REVIEW On April 12, 1989, the Planning Commission voted 4-0 to approve both PD 1437 and Tract 1672 with the cul-de-sac parking retained, the area of creek open space dedication increased to insure protection of the willows and an added condition restricting the development of each lot to a maximum three dwellings. No members of the public testified other than the applicant and his representative. I �J city of san"Wis oBispo COUNCIL AGENDA REPORT PD 1437 Page 6 RECOMMENDATION The City Council should adopt Draft Resolution No. I and Draft Ordinance No. 1 to: 1. Concur with the negative declaration on environmental impact, and 2. Approve the rezoning and subdivision with the exceptions noted and subject to findings and conditions. Attachments: draft resolutions No.'s 1, 2 and 3 draft ordinance No. I vicinity map initial study Draft Planning Commission minutes from the April 12th meeting will be available at the meeting Enclosed: plans i I 'MEETING AGENDA DATE -/G 8 ITEM # May 16 , 1989 City of San Luis Obispo Council & Planning Dept. City Hall Palm & Morro Sts . With respect to the San Luis Obispo City Council Meeting of May 16 , 1989 or subsequent meetings , we want to be heard under the Public Comment Period regarding particular items not appearing on the printed agenda. On behalf of the Serrano Heights neighborhood group our collective objection to the application by D.J . Moore (or others ) to create a lot split for the R-1 zoned property at 580 Serrano Drive is on the following grounds : An additional residence or residences will only aggravate an already bad situation with increased traffic and street parking since the residences on both sides and opposite side now have multiple-persons ( students ) living in the R-1 houses adjoining. Access to the R-1 residences at the upper end of Serrano Drive , i .e . Serrano Hts . , as well as others must negotiate the crowded sections of Foothill/Broad Streets and Tropicana & Valencia apartment/condominium complexes past the large fraternity house on Palomar Drive, then uphill through the limited street area of subject lot split. When the "Frat House" has parties -- which is often -- these parties have LOUD music and hundreds of people (who bring guests ) line all the surrounding streets with their parked cars , in any manner and way of parking the vehicles -- sometimes even partially blocking the street with saw horses -- and in case of fire it would be an extremely hazardous situation for the fire department to get any trucks up or down the immediate areas in need. Permitting this lot split will only make it more difficult in all ways - - and especially difficult to deny subsequent applications for the same sort of consideration by others nearby. PLEASE do not violate_ the intent of the original R-1 zoning for this area. Sincerely, Page - 1 *DOWN action by;LW Person ReWond by: t Crura C'terk-orifi, WT.Tc7�,el Robert and Jean Adamson RECEIVEI 180 Serrano Hts . MAY 16IWO San Luis Obispo , CA 93401 Ph: 805/543-5951 CITYCXRK 1 i Draft Resolution No. 1 RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1672 LOCATED AT 3450 BULLOCK LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1672 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the R-2 zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration based on the incorporation of mitigation measures listed in initial study ER2-89 which is incorporated by reference. 6. The proposed exceptions do not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity. 7. Because of special circumstances, notably the creek which traverses the property and the irregular shape of the parent parcel, the strict literal application of the Subdivision Regulations would be deprive the property owner of privileges enjoyed by other properties in the vicinity. 8. The cost to the subdivider of strict literal compliance with the regulations is not a reason for granting the modification. SECTION 2. Exceptions. The approval of the tentative map for Tract 1672 shall be subject to the following exceptions: I. A 46 foot right-of-way with 32 foot pavement section including curb gutter and sidewalk along the northerly frontage only is hereby approved for the proposed cul-de-sac, as shown on Exhibit "C". 2. An exception is granted to allow a 60 foot depth where 90 feet is required for proposed parcel 5. 7 Resolution No. (1989 Series) Tract 1672 -- Page 2 3. An exception is granted to allow an average width less than 60 feet for proposed parcel 7. SECTION 3. Conditions. The approval of the tentative map for Tract 1672 shall be subject to the following conditions: I. A permanent open space and pedestrian access casement shall be dedicated to the city for the areas generally shown on attached Exhibit "B", and subject to the approval of the Community Development Director and City Attorney. The open space and access casements shall run with the land and provide the following limitations on land use or alterations: a. No structures or solid fencing shall be placed on or within said premises. b. No advertising of any kind shall be located within said premises except for a project identification sign. c. The general topography of the area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. d. No removal of vegetation except for fire protection or other hazards or elimination of diseased growth as approved by the Community Development Director. e. The open space and pedestrian access easement shall include an area which is 20 feet from the top of the bank of the creek. f. All of the willows on the project site shall be preserved. 2. The applicant shall submit a creek vegetation restoration plan to the. Community Development Department and Department of Fish and Game for review and approval which shows: -- The trunk diameter, species and status of each tree (to be removed, preserved and safety pruned, etc.). Planting of additional vegetation along the creek, showing size, type and location. Clearing of debris and refuse from the creek channel. 3. The applicant shall construct one-half of Bullock Lane plus a 12 foot travel lane along the project's entire Bullock lane frontage, to the satisfaction of the City Engineer. 4. The applicant shall dedicate to the city and improve a full cul-de-sac turnaround of 1 50-foot property line radius including curb, gutter, sidewalk, driveway approaches, street tree easement and public utilities easement. Street pavement shall be �' 8 Resolution No. (1989 Series) Tract 1672 Page 3 installed to the satisfaction of the City Engineer and shall be a 46-foot right-of-way for the cul-de-sac which includes curb, gutter and sidewalk along the northerly side of the street and curb only along the southerly (creek) side as shown on Exhibit "C". 5. A noise evaluation shall be done of the site which identifies all areas subject to 60 Ldn noise exposure. The study shall identify mitigation measures which shall be incorporated into the design of any development plans on the affected lots. All projects on parcels falling within the 60 Ldn contour shall be designed to satisfy the exterior and interior noise standards contained in the Noise Element of the general plan. 6. Any runoff directed to the creek from the project shall be done in a non-erosive manner. 7. A 6-foot fence shall be installed along the portion of the proposed subdivision which borders the adjacent parking lot for the nonconforming commercial use. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: S- 9 Resolution No. (1989 Series) Tract 1672 Page 4 the foregoing resolution was passed and adopted this day of 1989. Mayor ATTEST: City Clerk APPROVED: �- City Ad inistrative Officer t City Attorne Community Development Director c�! GI O -4I 1JI O U C1 it C, � � LLQ � � �Q � N �;� a lii • ! N fit ; Q r _ n �� �'f •. t 2;-1 �lb F t t n } 1 k. t2 i j d = I - w ![+3 cc LLJ rr i I V � � � h JI _ Draft Resolution ?io. 2 C- RESOLUTION NO. (1989 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING PLANNED DEVELOPMENT REZONING PD1437A, A REQUEST TO REZONE A 2.59 ACRE SITE FROM R-2 TO R-2-PD AT 3450 BULLOCK LANE WHEREAS, the applicant requested a planned development rezoning to allow the transfer of development potential from one portion of the site to another at the above address; and WHEREAS, the Planning Commission reviewed the request at its April 12. 1989 meeting and forwarded the request to the City Council with a recommendation for approval; and WHEREAS, on May 16, 1989, the City Council conducted a duly noticed public hearing to consider the testimony of the applicant and other interested parties; NOW, THEREFORE, the council of the City of San Luis Obispo takes an action to deny planned development rezoning PD 1437A to allow the transfer of development potential from one portion of the site to another based on the following findings: 1. The proposed development may adversely affect the health, safety and welfare of persons working on the site or residing in the vicinity. 2. The development as designed is not appropriate at the proposed location and will not be compatible with surrounding land uses. 3. Features of the project do not achieve the intent of conventional standards substantially better than the standards themselves. J Resolution No. (1989 series) Page On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of 1988. Mayor ATTEST: City Clerk APPROVED: City dministrative Officer City Attor e Community Development Director Draft Resolution No. 3 RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING TENTATIVE TRACT NO. 1672 LOCATED AT 3450 BULLOCK LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1672 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The site is not physically suited for the type and density of development allowed in the R-2 zone. 2. The design of the tentative map and the proposed improvements are not appropriate at the proposed location and will be detrimental to person residding or working in the vicinity. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: �l Resolution No. (1989 Series) Tract 167? Page the foregoing resolution was passed and adopted this day of 1989. Mayor ATTEST: City Clerk APPROVED: City Ad inistrative Officer 1 City Att ey Community Development Director Draft Ordinance No, t ORDINANCE NO. (1989 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PD I437A, AMENDING THE OFFICIAL ZONE MAP OF THE CITY TO REZONE APPROXIMATELY 2.59 ACRES AT 3450 BULLOCK LANE FROM R-2 TO R-2-PD WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate zoning on the subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the project will not have a significant adverse impact on the environment and has been granted a negative declaration subject to the mitigation measures listed in initial study No. ER 2-89 which is hereby incorporated by reference; and WHEREAS, the proposed rezoning and preliminary development plan will not be detrimental to the health safety and welfare of persons living or working in the area or at the site; and WHEREAS, the proposed rezoning and preliminary development plan arc consistent with the general plan; and WHEREAS, the proposed project is appropriate at the proposed location and will be compatible with surrounding land uses. WHEREAS, features of the proposed rezoning and preliminary development plan design achieve the intent of conventional standards for privacy, parking and neighborhood compatibility as well or better than the standards themselves. WHEREAS, the proposed preliminary development plan transfers allowable development within the site from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard. NOW THEREFORE BE IT ORD-NiNED b> the Council. of the Cit\ of San Luis_Obispo as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and included herein by reference, be reclassified from R-2 to R-2-PD. i Ordinance No. (1989 Series) -� Page 2 SECTION 2. After review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby upheld. SECTION 3. That approval of the Planned Development rezoning and preliminary development plan shall be subject to the following conditions: 1. The applicant shall file a precise development plan for city approval within six months of preliminary plan approval. The Preliminary Development Plan approval shall expire if a precise development plan is not filed and approved. 2. A maximum 2.2 equivalent dwelling units are allowed per lot with a maximum 3 dwellings per lot. 3. A 15 foot street yard is approved for lots 4 through 11 where 20 feet is normally required. 4. The project shall be built, maintained and operated in strict conformance with approved precise development plans. 5. A permanent open space and pedestrian access easement shall be dedicated to the city for the areas generally shown on the attached Exhibit "B", and subject to the approval of the Community Development Director and City Attorney. The open space and access easements shall run with the land and provide the following limitations on land use or alterations: a. No structures or solid fencing shall be placed on or within said premises. b. No advertising of any kind shall be located within said premises, except a project identification sign. c. The general topography of the area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. d. No removal of vegetation except for Circ protection or other hazards or elimination of diseased growth as approved by the Community Development Director. e. The open space dedication shall include an area which is a minimum 20 feet from the top of bank of the creek. f. All of the willows shall be preserved on the project site. s�� I Ordinance No. (1989 Series) Page 3 6. The applicant shall submit a creek vegetation restoration plan to the Community Development Department and Department of Fish and Game for review and approval which shows: - The trunk diameter, species and status of each tree (to be removed, preserved and safety pruned, ctc.). Planting of additional vegetation along the creek, showing size, type and location. Clearing of debris and refuse from the creek channel. 7. The applicant shall construct one-half of Bullock Lane plus a 12 foot travel lane along the project's entire Bullock lane frontage, to the satisfaction of the City Engineer. 8. The applicant shall dedicate to the city and improve a full cul-de-sac turnaround of 50-foot property line radius including curb, gutter, sidewalk, driveway approaches, street tree easement and public utilities easement. Street pavement shall be installed to the satisfaction of the City Engineer and shall be a minim 46 foot right-of-way for the cul-de-sac with curb, gutter and sidewalk along the northerly -- side of the street and curb only along the southerly (creek) side as shown on Exhibit 9. A noise evaluation shall be done of the site which identifies all areas subject to 60 Ldn noise exposure. The study shall identify mitigation measures which shall be incorporated into the design of any development plans on the affected lots. All projects on parcels failing within the 60 Ldn contour shall be designed to satisfy the exterior and interior noise standards contained in the Noise Element of the general plan. 10. Any runoff directed to the creek from the project shall be done in a non-erosive manner. 11. A 6-foot fence shall be installed along the portion of the proposed subdivision which borders the adjacent parking lot for the nonconforming commercial use. Code Requirements 1. All trees must be safety pruned to the satisfaction of the City Arborist. 2. Street trees are required to be planted per city standards for every 35 feet of frontage. 3. Sewer Lift station charges are required to be paid prior to recordation of the final map. 1 4. Water and sewer mains shall be installed and sized to the satisfaction of the City Engineer. 5. Fire hydrants shall be provided to the satisfaction of the City Fire Department. Ordinance No. ( 1989 series) Page 4 6. Site grading and drainage shall be to the satisfaction of the City Engineer and Community Development Departments. 7. Final development plans shall show all existing and proposed utilities, including existing facilities to be relocated. 8 Building design, landscaping and signage shall be as approved by the Architectural Review Commission. SECTION 4. A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. On motion of seconded by and on the following roll call vote: AYES: NOES`. .ABSENT: the foregoing ordinance was passed and adopted this _ day of 1989. i �0 1 Ordinance No. (1989 Series) Page 5 Mayor ATTEST: City Clerk APPROVED: City Ad ninistrative Officer City Attorn Community Development Director (SYNOPSIS) ORDINANCE NO. (1989 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP FROM R-2 TO R-2-PD FOR PROPERTY AT 3156 BULLOCK LANE On May 16, 1989, the San Luis Obispo City Council voted to introduce Ordinance No. (1989 Series), which amended the official zone map from R-2 to R-2-PD for property at 3156 Bullock Lane. Primary provisions of the ordinance are as follows: 1. Creation of 11 medium density residential lots with ,a maximum 3 dwelling units per lot. 2. Dedication of a permanent open space and pedestrian access casement over a minor creek tributary which traverses the site. 3. Transfer of development potential from the creek to the t I lots. The council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for June 6, 1989, at a regular City Council meeting to �\ begin at 7:00 p.m. in the Council Chamber of City Hall, 990 Palm Strect. Copies of the complete ordinance are available in the City Clerk's office at City Hall, 990 Palm Street. For more information, contact the Community Development Department at 549-7170. 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R-I , ' - S \ C-5 R-2 R-2 5\t<� C \ - ?;� R 3 R_2 R2vO \ Site `C/bS-40R z s \ / r= :3 C/05 - 40 - SP f \ R-2-SP R_ /-SP i✓ R _ 1 . v R I - SP Ir o soli o 1-1 a "1 �/-Id Cly \� 1 _ IL LLJ ji > � t i 1 MCL r .�It. t�'V�•.• .� Lu o > � -1 ' Nt I O 1 • a � ^t' � r-_--- lei h� R A � it 1t: 1q• '�: ',lV.L•r.a t �. :ter,fI •C .moi , -, �• ` �• �., Ir; 4-: '�. _ _ice+^,`is ���`.'•�::\, � `• ..4 }Y' b IF `.;.Y vi. IY• 's ,STM A ..+ `:%<� F:.- � •:its;.�y .i.1�11•.� � .�,�t•wi j �rbv •t g J ,� • 00, +LA tu� aria 3 l , V I .• I I I ✓ � �— � —( � l• C is I r\ i J�J _ r a — ` I a it I I i1 .r Z'.t j`Jy Crzy of san tUIS osIspo �ne INITIAL STUDY OF ENVIRONMENTAL IMPACT 3450 Bullock Lane ER2-s^ SITELOCATION ._ ._ _ APPLICATION NO PRO,IECTDESCRIPNON Rezone 2.59 acre situ from Lc; R-2-'_I lr. l =ubdivis1on into II Iota. APPLICANT Don Hubbard STAFF RECOMMENDATION: Y_ NEGATIVE DECLARATION X __ MITIGATION INCLUDED EXPANDTIAL STUDY REQUIRED _ ENVIRONMENTAL IMPACT REPORT REQUIRED 'avid Coran, Assistant Planner 3/23/89 PREPARED By -- —__-' -_ _—.-- —_--- --- — DATE ---- --- COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE- Negative ATE_Negative Declaration with MiL.gLation inclf:dec SUMMARY OF INITIAL STUDY FINDINGS I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING , II. POTENTIAL IMPACT REVIEW POSSIBLE ADVERS= EFFECT`. A COMMUNITY PLANS ANDGOALS None . b 00PULATION DISTRIBUTION ANO C)RUWTH .I•:be. " -AND USE _ ,or,e D TRANSPORTATION AND CIRCULATION E PUBLICSERVICES None. F UTILITIES _ .abbe. ' G NOISE LEVELS H GEOLOGIC d SEISMIC HAZARDS 6 fOPr>;;RAPMIC MGOIPICATIONr .,one. I AIR QUALITY AND WIND CONpITJONS :ono_ SURFACE WATER FLOW AN110UALiT' �I AN'LIFE L. ANIMAL LIFE nC 'A ARCH 4FOLOGICA;./Nlyji.'�t:, '., N AESTHETIC '• �n,, 0 ENE HGYIRESGLIPCFuSF u OTHER .`.One I III. STAFF RECOMMENDATION )7 JL Initial Stud• t.k 2-89 Page 2 L DESCRIPTION OF PROJECT AND FNVIRONNIENTAt. >1-:'I 'f ING The applicant wants to rezone an urcgularly shaped, vaunt 1:i9 ucr,: parcel from R to R-2-PD and subdivide the site into I I medium densit% residential lots southerly of Orcurt Road on Bullock Lane. The PD overlay is for the purpose of transferring development potential from the creek arca to the individual lots which will result in a slightly increased number of bedrooms than would otherwise be allowed. The site is traversed by a minor creek tributary and slopes gently from cast to west. Significant vegetation includes numerous eucalyptus trees, a 10" pepper and willows along the creek. The site is surrounded by mobile home parks to the northeast and south and is adjacent to a nonconforming commercial building to the north. The railroad right of-way runs parallel to Bullock Lane and is approximately 100 feet from the site to the west. Full frontagc improvements are in place along the project's entire Bullock Lane frontagc. H. POTENTIAL IMPACT OVERVIEW C. Land Usc The project site and surrounding arca is zoned R-2, medium density residential, which allows up to 12 units per acre. There is a nonconforming furniture warehouse and showroom immediately adjacent to the north of the site which, undercurrent regulations, could remain indefinitely so long as the use is not vacated for more than 6 months. As ,urr-)unding properties develop with conforming residential uses, such ;Is the subject site, the potential for compatibility impacts increases. Furthermore, the design of the subject subdivision is such that the rear yards of the dwelling,, on these lots will he adjacent to the parking and loading areas for the n(incontl)rming ci--;nnlcrciai use. Evaluation: Mac Be Significant '9itigati.lr i0itigatior. can be presided by installing a 6 foot masonry wall along the portion of the proposed subdi% i.sion which borders the adjacent parking lot !( developed with a private street and without further subdividing the site into Individual lots, the site has a development potcntial of 24.48 units (22.04 acres net arca X 12 units/acres in the R-2 zone = 1-4.48). The sum it' the development potential for the individual lots is approximately 18 equ.ivalcnt dwelling units. The applicant would like to construct 2.22 equivalent units per lot versus the 1.63 which would be allowed without the I'D rezoning and transfer of dcvclopmrnt potential. The additional J8 cquivaicni un.ts would he diitrihutcd r(lually :inions th^ I I lots for an ::dfilin;it � 11 tl i, ?t'r tul lily.:: lilt' iilal !:l:is l'il 'J(1IlS %'''illd t)c the S;Ifnc :ls It il!C Vii(:: x1 :[C dcyC.IC)pCkl . '!f 11.i 111 I;�•iil� ICl1El Y, th.0 :1ddlt 11 itl;ll (111lts on the nit IW1 i5 not consldcred a c! :s l ac imll;l.'t I ;tic;pion: tint sil;ni(icant I > Tr;lns � rlattun i" irlling Bullock Lane is a deaf end. 50 Riot wideright- lf- a which runs (parallel to the li)ltlhcrn Pacific ri0road riuht-of- ,:1v and ci,nncilti the c6sting residcrlt.ial and ER 2-89 Page 3 -- mobile home: developments with Orcutt Road. Existing traffic volumes are relatively loin due to the limited development being served. The city plans to eventually build a grade separation for Orcutt Road over the railroad tracks and to realign Bullock Lane to make a signalized intersection with Laurel Lane. In the mean time, the intersection of Bullock Lane and Orcutt Road remains a difficult one in terms of sight distance for vehicles turning left onto Orcutt Road from Bullock Lane. It can also be a problem for vehicles turning left from Orcutt Road onto Bullock Lane due to the lack of a turning lane and the volume of traffic on Orcutt Road. Impacts Trip generation from buildout of the proposed subdivision can be estimated as follows: 24 dwelling units X 7.5 trips/unit = 180 trips per day 180 trips per day is approximately I% of the average daily traffic on Orcutt Road. Evaluation: Not Significant Public Services Water Under current conditions, development of the project would reduce the Icycl of water -' service for city customers. City water use in fall 1988 (8,042 acrc-feet per year) exceeded safe annual yield (7,357) by about nine percent. Safe annual cicld is the amount of water which can be withdrawn from reservoirs ycaf after year. without running out of water during a drought like that which has been experienced since the reservoirs have been in use. As water use increases above safe yield. cutbacks from usual water use will be needed more often and they will have to be more substantial to avoid running out of water. In response to two-years of below-average rainfall, the city is aiming for a 25-percent reduction in water use during 1988-89. More substantial reductions may be needed in following years. While the city is pursuing conservation and several supplemental sources of water, new supplies may not keep pace with added demand due to development. Therefore, the City Council has adopted development controls (the Water Allocation Regulations) to help correct the current imbalance between water use and supply The controls could delay or prcvenr issuance of building permits. The proposed development of the I I nc%, iots with up 'a multi-f:imil, ic:s dcnIcs will result in the annual consumption ,,! ipproxinmtcic t fir, t '•t = h. a acre feet/year, or 000 of sale annual cld Evaluation: As of Fcbruary 2. 1989, there was 23.17 .i,'rc feet .d ttcr r•. .tilohlc for new residential construction under the City's water ntanagemrni prn­r::m. I'lic• orop1-1,,cti project would reduce this amount to app oximatcl) 17.13 acrc I'cct, .t rcductir.n of approximately 27% of the remaining water allocated fir nceeresidential dc••clopmcnt until Julv of 1989. Not Significant J ER 2-89 Page J G. Noise The Noise Element of the general plan sets a standard for normally acceptable. exterior noise levels in residential areas at 60 Ldn (a measure of average day/night noise levels expressed in decibels) and 45 Ldn for interior levels. The Noise Element noise contour map indicates the site is exposed to noise levels which exceed 68 Ldn primarily as a result of traffic on the nearby railroad tracks. A noise evaluation ,:onducted for a residential property under similar physical and location constraints approximately 2 miles to the north generally supports this conclusion and is incorporated herein by reference (See ER 10-87, H. Cota. 1987). Evaluation: May Be Significant Mitigation Interior noise levels for the proposed residences can be satisfied through relatively simple construction techniques such as the use of closed-pane windows which do not open toward the west. Exterior noise levels for usable outdoor space can be. achieved by orienting the open space on the leeward side of the proposed dwellings from the. freeway noise source and/or by constructing a 6 foot high masonry wall along Bullock. Lane. All projects built within the 60 Ldn noise contour must demonstrate that the exterior and interior noise standards of the Noise Element are being satisfied. For this reason, a noise evaluation shall be done for the site which identifies all 'areas subject to 60 Ldn and recommends site construction and/or site planning techniques which demonstrates compliance with the standards contained in the Noise. Element of the general plan. J. Surface Water Flow and Duality Development of the site with impervious surfaces will increase surface flow and runoff. In addition, the southerly portion of the site lies within zone B on the Flood Insurance Rate Map, however only two of the proposed lots (lots 10 and 11) will be affected. Finish floors for dwellings on Parcels 10 and I I should be raised a minimum l foot above the zone B flood plain elevation. Any runoff directed form the street to the minor creek must be done in a non-erosive manner. Evaluation: Not Significant. K. Plant Life �s outlined above, the site is tr % erscd by a minor creek :ributar%. I he creek is lined with mature eucalyptus trees, willows and bullrushcs. and an undcrstory of vines. Much of the ercek hank vegetation shows ;inns of neglect and abuse. Sckcral of the trees ha%c been Cut and/or large branches ha , C been hrokcn ATI the creek itsclf is littered with refuse. Mthough no development iS prop. ct'. .yl:i,'h inCludcs the crock, development of the remainder of the site will undoubtedl% intcnsif} the u.c ,( the creek which could hayc an adverse impact on :he. .cgetrtrion anti the quality of th;: habitat Evaluation: Ntight Be Significant Mitigation Mitigation can be provided by I Dedication of a perm::ncnt wcn space and pcdr.suiau aCCC". casement over the ,:rock. �' -33 ER ?-89 Page 5 '_. Submittal of creek vcg%tation restoration plan to the Cummuntn Development Department for review, and approval which shows: The trunk diameter, species and status of each tree ito he remo%cd, preserved and safety pruned, etc.) Planting of additional vegetation along the creek, showing size. type and location. Clearing of debris and refuse from the creek channel. III. STAFF RECOMMENDATION Negative declaration with the following mitigation. The following mitigation measure shall be monitored through the building permit plan check process in compliance with .AB 3180: 1. A noise evaluation shall be done of the site which identifies all areas subject to 60 Ldn noise exposure. The study shall identify mitigation measures which shall be incorporated into the design of any development plans on the affected lots. All projects on parcels falling within the 60 Ldn contour shall be designed to satisfy the exterior and interior noise standards contained in the Noise Element of the general plan Any runoff directed to the creek from the project shall be :done in a non-crosi've manner. The subdivider shall dedicate a permanent open space and pedestrian access easement over the creek. to the satisfaction of the Community Dcvclopmcnt Department. The following mitigation measures shall be monitored through the building permit plan check process and thrnugh field inspections prior to occupancy or final map recordation: J. The subdivider shall submit a creek vegetation restoration plan to the Community Development Department for review and approval which shows: I he trunk diameter, species and status of each tree oto be removed, preservcd and safety pruned, Plant ny .,f ;tdditiorta! •cg1,t:Aiion :thing the creek. showing. ;ize, type and Incatinn Clearing i. i (1cl)riF :iml dust ; rn,m the creek Channel. 1. ,\ o fooE ntasonn wall sha!I he installed along the portion of the proposed subdivision which horders the adjacent parking lot for the nonconforming commercial USC. rovc the rezoning and the otficial /.one map •:hall ht ;.,is olliccs, and lawvc,s'olt-I ces. l(JlCF1dCd 10 incliC.31C approval of the plumed develop- :ii t:;,t. f r(I��m 1 i (paril. N82: priorcode -h project will be compatible allowed land uses in the area. Required findings. 2--1­ne project's location of access arrangements(to not approve a planned development, the planning si"nificantivdirecT trafficto use local orcollector streets A. iDg I commission and council must find that it rn=s one or in rc-sidential it=. more of the following criteria, Phe project will provide adequate mitigation toad- 1. oad1.It provides facilities or amenities suitcdtoa particular dress potential impacLs related to noise,light and glare, Occupancy group (such as the elderly or families with and loss of privacy,among others,imposed by commer ,Jal activities on n earbv residential areas.bv using meth- children) which would not be feasible tinder conven- o I ds such as setbacks,In.rifiscaping,berming.,and fenci n iz. tional coning; 2.It transfers allowable development,within a;itc,from 4. The project does not preclude industrial or service areas of greater environmental sensitivity or hiYArd 10 commercial uscs in areas especially suited for such uses i areas of less sensitivity or hazard: when compared with off'ces. 3. It provides more affordable housing than would be 5. The project does not create a shortage of C-S and NI possible with conventional development: zoned land available for service commercial or indus- trial development.(Ord.1129-1(part),198-S:Ord. 1057 4. - I Ex. A(2), 1987: Ord.9-11 - I (par'). 1982: pri(5r code Features of the particular design achieve the intent of conveni:onal standards (privacy, usable open ;pace, - 12W,4(D)) ildcuumc. parking, compatibility with neighborhood I I - ._,haracter, and so on) as well as or better ih3n the 17.62.050 Requirement for development plan. standards themselves: ";k)tanddiViSion may he undertaken and no construct iori 11 jilcolpi),ates lca(urcs which result in LOnSUMplion begunwithin an area zoned PD until a fnaldevelopmcnt materials, encr!.v or water than conventional plan hasbeenapornved. (Ord.941 - 1 (part),1982: prior Icve.-Ititiment: code 9204.4D) 6- 'I-hc pruposed project provides exceptional public 17.62.060 Final development plan. ^eneflts such as parking,open space.landscaping,puhlic art, and other specialamenitieswhich would riot he A. Within Soo months of approval or conditional ap- feasible tinder conventional development standards. proval of the preliminary development plan, the appli- cant shall file lith the community development depart- B_ it, order to grant a "density bonus' (as explained in menta final development plan. At hisdiscretion and for Q00d cause, the director may extend for six months the Section 1-1.50.030), the commission and council must !:nd that the proposed development satisfies at least period for filing ,hree of the five criteria set out in subsection A of this ,ectior. The applicant shall provide a detailed state- B.The finat development plan shall include those items 1-1chr iiiiiicating how the development satisfier, the ap- from Section 17.62.010(Preliminary development plan) propriaw criteria set out in subsection A of thissection. which Jcscrihe the proposal,including division of la rid. r I` wornwic Inde(et ivpe and loc�)tion of all r)u ildinesand irnprovcments,:t nd � he inavinum aensityhonus is not a - nito n,, i hc allowable hums, thecommiss sion :,not Colln- �o on, but it need all; :11CIL10C ;niormallon on cmsnni: 1:i:1 i:is\css,the extent it)which these cri(cria a..cmc:. Ippi,)vC :1 p!anticd development -!It ria!; 111ii ty dav,;ot iilin,,. sit-' ?nail Wd S,Mwc buildim-'s which Car,inclu'!': !c"Clopir." !11!; with jlk1 _.irro;je ICnaf1l space less iri:tn itwrovc it Upoll iindin" that it is in S'Ubstanlinl�corllpli (.C! ill [tic (-S of \1 'Zone, the :irl,c %vllh the p1cii,111:1.liv dc%-c!opnicnl plall :is appro%ctl unc:1 lillist!ilid 111;1;1! :11cetseach ol 01C Lrilffl:i inodiliccl by the COLM Cil. Upon approval of[tic tinal N.!o%k. llic lollowinj;office-rclated ll,c` :tic Pro pl;in,oic director shall add the number or f lij)llci it ow I'D in ;hese zones! banks. rcal :,,!alV the planned 1.10-ClOp'llCril It) the ""t"C'al 7olle map i lot ';"hSC(luentiv. all Iradilit!, c0fl :irl:tnci:il institutions. medical clintcs :1nd doc- :Xafl1p1C. PD EDA ENGINEERING - DEVELOPMENT ASSOCIATES March 10, 1989 Mr. Micheal Multari Community Development Director Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca. 93401 Re: Tract 1672, Willow Circle PD Rezone Statement of Objectives Dear Mr. Multari, i i This is the Statement of Objectives for the PD rezone application for Tract 1672, a proposed subdivision of a 2. 59 acre parcel into eleven residential lots. The project is located on Bullock Lane approximately 750 feet southeast of Orcutt Road. Currently the project site is zoned R2 and has a Medium Density Residential general plan designation. The PD rezone is being requested primarily to allow the distribution of the creek area density which is essential to the viability of this project. This is the only process afforded by the City Administrative 1 Code that allows the distribution of density from an area of high environmental sensitivity to that of a lesser environmental sensitivity. The parcel is bordered on the north by a mobile home park and a warehouse used for offices and retail sales. To the south is another mobile home park and to the west is Bullock Lane and the Southern Pacific Railroad tracts. The Parcel is irregularly shaped and presents several difficulties in structuring conventional lots. One difficulty is the seasonal creek along the southerly border which, while subdividable, cannot be built upon. Another design challange encountered on this parcel is that it narrows near the middle i necessitating an unconventional lot configuration. Finally, the parcel comes to an acute angle at the rear which can best be addressed thru the use of a flag lot. The developer is proposing an eleven lot configuration with the creek area as a open space corridor. In exchange for the creation of the open space, the developer is requesting a density transfer of the creek area to be distributed equally among the eleven lots. The gross site area of 2. 59 acres, less the right-of-way area of 0.55 acres, leaves 2. 04 acres net lot area. At the allowable R2 zone density of 12 units per acre, 2.04 acres equates to 24. 48 allowable units or the proposed uniform 2.22 units per lot. i March 10, 1989 page 2 It should be noted that the transfer of density from the creek open space to the eleven lots is essential to the project's practicality and attractiveness. Considering the density of the mobile home parks on either side of the parcel, it is clear that the proposed subdivision would not create an inconsistant. density in the area. All of the proposed lots are in excess of 6000 square feet. Minimum lot widths of 60 feet and depths of 90 feet, are maintained where the project parcel irregularities allow. mxceptions to minimum lot depth and width requirements occur at the middle of the project and around the cul-de-sac. in addition to the density transfer, the applicant is requesting the following exceptions to city standards: 1 . A fifteen foot front yard setback for lots four thru eleven is proposed to enhance site design alternatives. To mitigate the loss of landscaping, we would Propose a deed restriction requiring that all parking adjacent to street yard setbacks be screened from street view with a minimum of a thirty inch high landscape berm or privacy wall.. ?. Lot depth exception for lot five and lot width exception for lot seven. 1. Elimination of the required sidewalk on the southerly side. of the proposed street to reduce the impact on the creek bank. This is reinforced by the proposal to limit parking to the notherly side of the street only. Tho developer is proposing to install privacy landscaping along the► property line opposite the creek bank and entry signage. individual property owners will be required to fence the rear property line in conformance with city standards and our deed coquirements. Iu addition, the developer is proposing further deed roatrictions to be incorporated into the subdivision architectural committee review process: t . All units shall have the street a attached. PPearance of being ;; ING • LANG j)L" 'V' ; " NG u tC i AUMINIS i RATION %1! POMO STREET sANI LUIS OBISPO . CA 93x01 805 - 549 - 8658 0 I March 10, 1989 '- page 3 2. All units shall have a minimum of 80% pitched roofs with a minimum of eighteen inch overhangs. Gable ended roofs facing the street shall have architectural fenistrations on the gable ends. 3. No design shall be submitted to the A.R.C. or City Building Department before first recieving an approval stamp from the subdivision architectural committee. It is our belief that the above deed restrictions will offer better control over the development of the lots than would the implementation of CC&R's. Therefore we would request that the requirement for submittal of draft CC&R's be waived. We are confident that the proposed project design and architectural controls will lead to a pleasant residential addition to the city's affordable housing needs in an area which would otherwise have a rather unpleasant site appearance. Naturally the city will have further opportunities for architectural control thru individual A.R.C. applications. Thank you for your consideration of this proposal. Respectfully Submitted, ENGINEERING DEVELOPMENT ASSOCIATES Jeffrey J. Emrick iv li I :'J c [ ri i Ju unV Y iiVV - PHI: i [ C AU M ^iI }{ 110N 1320 NI POMr) $ TR i Cqn i UIQ QPI cP ( - F 0