HomeMy WebLinkAbout06/06/1989, 4 - 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 ORIGINAL AGENDA REPORT FROM 5/16/89 COUNCIL MEETING. --
MSMW DATE:
,1111111p%R111l1 city of San lU1S OBISpo 6/6 89
COUNCIL AGENDA REPORT NUMBER:
FROM: Michael Multari, Community Development Director; By: David fioran 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. /
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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 Descrivtion
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 1.00 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. l
-- The allowable development within the site would be transferred from an area of
greater environmental sensitivity (the creek area) to areas of less sensitivity j
(a required finding for PD rezoning approval).
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2. Preliminary Plan and Exceptions To Design Standards — 'The preliminary 00,
development plan shows the northerly portion of the site subdivided into 11 lots
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MONGs COUNCIL AGENDA 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 thefirst 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.
s 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
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0h'11JfJ city of san taus oBispo
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 j
would be to use larger lots. For example, 8000 square foot lots could be established
whicli 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
111101111111 w11111 city of san tins owpo
As COUNCIL AGENDA DEPORT
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. 1 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.
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city of san Luis oBispo
Giis COUNCIL AGENDA REPORT
PD 1437
Page 6
RECODNENDATION
The City Council should adopt Draft Resolution No. 1 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. 1
vicinity map
initial study
Draft Planning Commission minutes from the April 12th meeting will be
available at the meeting
Enclosed: plans
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Draft Resolution No. 1
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. Findines 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 ol' 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:
1. 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.
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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:
1. A permanent open space and pedestrian access easement 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
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 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.
g. The open space easement shall be maintained by the property owner except the
pedestrian access easement if accepted by the city, and except for clearing by
the City for flood control and drainage purposes.
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_41
Resolution No. (1989 Series)
Tract 1672
Page 3
4. 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 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.
8. The final map shall delineate common driveway and access easements for all lots
sharing a driveway apron as depicted on the preliminary development plan.
9. Notice of potential building restrictions due to water limitations shall be recorded
with each lot.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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 dministrative Officer
City Attorney
Community Development Dircctor
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Draft Resolution No. 2
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.
Resolution No. (1989 series)
Page 2
On motion of seconded by
acrd 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 Administrative O fiver
City Attorn
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 34$0 BULLOCK LANE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinps 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 resideing or working in the
vicinity.
On motion of seconded by
and on the following roll call vote:
AYES`
NOES:
ABSENT:
C'
Resolution No. (1989 Series)
Tract 1672
Page 2
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
-- City Clerk
APPROVED:
City Administrative Officer
City Attorney
Community Development Director
Draft Ordinance No. 1
ORDINANCE NO. (1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING PD 1437A, 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 ORDAINED by the Council of the City 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.
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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 fire protection or other hazards or
elimination of diseased growth as approved by the Community Development
Director.
C. 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.
g. The open space easement shall be maintained by the property owner, except for a
pedestrian access easement if accepted by the city, and except for clearing as
required by the City for flood control and drainage purposes.
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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, etc.).
— 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
"C".
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 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.
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.
12. The precise plan shall delineate common driveway and access easements for all lots
sharing a driveway apron as depicted on the preliminary plan.
13. The precise plan shall delineate building siting and design standards.
Code Reauirements
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.
Ordinance No. (1989 series)
Page 4
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.
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.
C— 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.
Ordinance No. (1989 Series)
Page 5
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
City Attorney ,I
Community Development Director
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city of san tuns oBispo
INITIAL STUDY OF ENVIRONMENTAL IMPACT
3450 Bullock Lane ?
SITE LOCATION APPLICATION NO.
PROj ECT DESCRIPTION Rezone 2.59 acre site from °-2 to and subdivision into 11 lots.
APPLICANT Don Hubbard
STAFF RECOMMENDATION:
.y NEGATIVE DECLARATION MITIGATION INCLUDED
EXPAN�IIWTIAL STUDY REGUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
avid !loran, Assistant Planner 3/23/89
PREPARE- DATE----
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE_ 3/29/89
Negative Declaration with Kicigiation Included
SUMMARY OF INITIAL STUDY FINDINGS
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECI-S,
A. COMMUNITY PLANS AND GOALS None .
6. DOPULATION DISTRIBUTION AND GR(.)WTH '.'one.
'lavbe.
C. LANDUSE
None. '
D. TRANSPORTATION AND CIRCULATION
None.
E. PUBLICSIERVICES
`lone.
F UTILITIES. . . .. . . . .
G. NOISE LEVELS ':aybe.
None.
H. GEOLOGIC&SEISMIC HAZARDS& TOPOGRAPHIC MODIFICATIONS
I AIR DUALITY AND WIND CONC)ITIONS None.
J. SURFACE WATER FLOW AND OIJALIT� ----- --
F. 01-AN 7 LIFE
L ANIMAL LIFE.
N. ARCH.AEOLC)GICAL/HlS7C)Rir,,aL
N AESTHETIC :one.
O. ENERGYIRESOUPCE USKone .
P OTHER None.
III. STAFF RECOMMENDATION
-.gar iv(- 11ec, T;jr,jr j.)r: I'j,, :11 jr
SEE AT-TACHED MEDCW,
�I Initial Stud• FR 2-89
Page 2
1. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SFI"I'ING
The applicant wants to rezone an irregularly .shaped, vacant 2.59 acre parcel from R-2 to
R-2-PD and subdivide the site into I 1 medium density residential lots southerly of Orcutt
Road on Bullock Lane. The PD overlay is for the purpose of transferring development
potential from the creek area 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 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 approximateiv t00 feet from the site to the west. Full frontage
improvements are in place along the project's entire Bullock Lane frontage.
II. POTENTIAL IMPACT OVERVIEW
C. Land Use
The project site and surrounding area 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, under current
regulations, could remain indefinitely so long as the use is not vacated for more
( than 6 months. As surrounding properties develop with conforming residential uses,
such as 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 be adjacent to the parking and loading areas for the
nonconforming commercial use. Evaluation: May Be Significant
P1itir;atiur
Mitigation can be provided by installing a 6 foot masonry wall along the portion of'
the proposed subdivision which borders the adjacent parking lot.
!f developed with a private street and without further subdividing the site into
individual lots, the site has a development potential of 24.48 units (2.04 acres net
area X 12 units/acres in the R-2 zone = 24.48). The sum of the development potential
for the individual lots is approximately 18 equivalent dwelling units. The applicant
would like to construct 2.22 equivalent units per lot versus the 1.63 which would be
allowed without the PD rezoning and transfer of development potential. The additional
6.48 equivalent units would be distrihuted equally ancone the H lots for an
zdditi final i.- uniti per lot.
li(iC iilr_ :.,)Cli nu:ntlt of units %-ould t)c the same as it Iilc s!tc '•4;:rc do Pclopcd
nithuut suhditidin�, the additional unitS on the rcmaininti• lots is not considered a
1_V;1lu:1110n: Not SiPllificant
(; ns orration
•�j
Setting
Bullock Lane is a dead end. 50 foot wide right-of-way which runs parallel to the
tiouthern Pacific railroad right-of-wav and connects the existing residential and
��i
ER ,-89
Pagc 3
mobile home; developments with Orcutt Road. Existing traffic volumes are relatively
low, 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 iane 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 111.4h of the average daily traffic on Orcutt Road.
Evaluation: Not Significant
Public Services
Water
Under current conditions, development of the project would reduce the Icvcl of water
service for city customers. City water use in fall 1988 (8.042 acre-feet )cr year!
exceeded safe annual yield (7,357) by about nine percent. Safe annual yield is the
amount of water which can be withdrawn from reservoirs \,car 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. . uthacks from
usual water use will be needed more often and they will have to be more substantia:
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. Mnre
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
Citv Council has adopted development controls (the g'r'ater Allocation Regulations) to
help correct the current imbalance between water use and supply. The controls could
delay or prevent issuance of huilding permits.
The proposed development :if the I I nes% lifts wi[h up : t n!!;Itl-ian!il , tc .Idcnres
.%'ill result in the annual c•,vnsumption .,! .pprnsimati i% , 't t -
acre feet/year, or 00% of safe annual ;cld
Evaluation: As of February 2. 1989, there was 2-3. 1 ,ll'rc I CC' alCl' Ilahic i (IF
new residential construction under the City's water m:unil ecmcnt pn yr,1:n_ 1'hc
project would reduce this amount to app oximatcl\ 1 ".I ; acre Icct, a !c.tluctinn of
approximately '_7% of the remaining water allocated ! ear nc%% residential dc%clopmcnt
until July of 1989. Not Significant
',3 0
�\\ ERZ 2-89
Page -t
G. Noise
The Noise Element of the general plan sets a standard Cor normally acceptable
extcrior noise levels in residential areas at 60 Ldn (a measure of average day/night
noise levels expressed in decibels) and 15 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
conducted 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
freewav 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 11 should be raised a
minimum I 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
As Outlined above, the ,itc is tra�erscd by a mina :reek tributary. I'he creek is
lined with mature eucalyptus trees. µ illows and bullrushcs. and an _.indcrstory ?I
vines. Much of the creek bank vegetation shows signs ul neglect and abuse. Sc%cral of
the trees have been :ut and/or large hranches ha :e been hroken !,tl. the crock itscli
is littered with rcf usc. \Ithough no dcyelopmCnt ..; pnip.,>C:'. ,yf:i: It inclu,ICs the
:reek, development of the remainder of the site wili undUUMCill , imcnsii } the usr „t
the creek which could hayc an adverse impact on the � egcl:ition and the quality Oi th_
habitat Evaluation: Might Be Significant
Mitigation
Mitigation can be provided hy'
I. DCilication of a perin;1nCnl npCn spaeC and pCdc$lrian aiCCSS Ca SCnlCnt over the / .�
:rock. s
ER 2-89 -
i
Page 5 —'
2. Submittal of creek vegetation restoration plan to the Coniniunit.v Development
Dcpartmcnt for rc6cw and approval which shows:
The trunk diameter, species and status of each tree ito oc rcm(r%cd,
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.
Ili. 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-erosive
manner.
i he subdivider shall dedicate a permanent open space and pedestrian access easement
over the creek, to the satisfaction of the Community Development Department.
The following mitigation measures shall be monitored through the building permit plan
chcck process and through field inspections prior to occupancy or final map recordation:
4. The subdivider shall submit a creek vegetation restoration plan to the Community
Development Department for revicu and approval which shows:
The trunk diameter, species and status of each tree ito be removed,
preserved and cafcty pruned, crc.).
Planttnti of ao,i tion a' •ec ;;ttn,n along the creek. �howine size. type anis
locatic-n
Clearing ..,! dchriQ anal r: !':Vt c i rn,nt the crock channel.
a. A b loot masunrn wall <ha01 he installed along the portion of the proposed
suhdi•:ision �khich hnrders the adjacent parking lot for the nonconforming commercial
USC.
t�,32
Pri)vc the rezoning and the otficial /one ti,31) 41:111 be rets i,lficcs, :111LI la",Fcs,ollices.
:11TICTWcd (o indica(c. approval of the pl:t11.'1Cd (IC%'Cl()[)-
it )t,(I,9-11 i spar[), 1`S2: prior code 92(P.-.(C.i) .)rojcc- will be compatlhk! %vwl
allowed land uses in the area.
,7.5'_.1140 "inding,
�,2.o.4o Required I s. 2-7^.e:-)reject's location or access arrangements(to not
Tu arpruvu a planned development, the planning :Jnificantivdirect trafficto uselocal orcollectorsLrc-ts
i c�
commission and council must find that it rnec:s )nc Or n r'-sidennal areas.
more c-C the t5ollowint!criteria.
the project will provide adequate mitigation to ad-
1.It I)rOyi(ItsfaCilitic.SUr3MCnitiCSSUitC(I L03 ParliCuial d1rcss potential impacts related to noise,light and glare,
occupancy group (such as the elderly or families with and loss of privacy,among others,imposed by commer-
children) which would not be feasible under conven- Jal activities on nearbv residential at=,by using meth-
tional Toning; ods such as setbacks,landscaping,berming,and fencing.
2.It transfers allowable development.within asite,from 4. The project does not preclude industrial or service
areas of greater environmental sensitiviry or h3Y.ird to commercial rises in areas especially suited for such uses
areas of less sensitivity or hazard: when compared with offices.
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:
pr zoned land available fol service commercial or indus-
Lriildcvelopment.(Ord.112_9-1 (part),19&8:Ord. i0,S7
1. Features of the particular design achieve the intent of I Ex. A(2), 1987: Ord. 9.41 - I (part) 1982: prior code
C.0ni,CTItional standards (privacy, usable open space,
acicquaw parking, compatibility with neighborhood
---haracter, and so on) as well as or better than the 17.62.050 Requirement for development plan.
standards themselves:
No land division maybe undertaken and no construction
5. It incorporates icaturcs which result in consumption begun within an area zoned PD until a final development
Of less materials, cncr;w or water than conventional plan has been approved. (Ord.941 - 1 (part),1982: prior
Jcv!-lorimenr: code - 9204,1(E))
o. Flic pruposcd project provides exceptional public 17.()2.060 Final development Plan.
cncC!ts such as parking,openspace.landsmpin.g.public
art, and other special amenities which would not he A. Within six months of approval or conditional ap-
(casilble tinder conventional development sla-111j:irds. proval of the preliminary development plan, the appli-
cant shall file with the community development depart-
B. In orcle, to grant a "density bonus' (as explained in menta final development plan. At hisdiscretion and for
Section 17.50.030), the commission and council must good cause, the director mav extend for six months the
flind that the proposed development satisfies at 1=1. period for filing.
three of the five criteria set out in subsection A of this
'ectior. The applicant shall provide a detailed state- B.The final development plan shall include those items
ncrit indicating how the development satisfies the ap- from Section 17.62.010(Preliminary development plan)
propriatk:criwriaNctnut insubsection A of this section. Which descr1he the proposal.including'1provemertits,and division of land,
-,s
,lic miximum dcnsitv honus is not automatic indetet :•.-peandloc:i(itiricifall hi!i1dimand im
,M�Ifjv itical[A)wahle bonus, the commission :Ifld 'oUn- .,.) nn, but If eco it- :nclude ;nformation on exislint-,
:
:1 -.71:!il:isscss the extent to which these critc.-m are mc;.
'L ( i-lic t:Iicc:(,t shail rc%icwand 1,1kcaclwn un (he :::,:![
Vc!;I f)M,-:I! t ia:l t!1i,;V da%-s ol :11in'-'. Fac h:d:
vilh no tenant space lCf6 If-':In IMMVC it Upon iin,iino that it is in substantial cotlip!i-
;,c: it, [tic CS 0, N1 Zone,the pkinn!:,� w11111- :!!!�C WIM the tic piciiiiiin,11% devc!opillent plan as appro%c('
al 01 1 he tirial
n
,:ofi;•r k.,ki nc:l:it List!i nd'ha t 0 mcctsCaC, hC inodilicd 11% the c0lincil Upon appr(w
1-lic :,,Hotwing of ht:c-rclalcd atc p[() plan,the director shall add the numhcr(if
c tunes: hanks. real cs�al(: :hc planned dc%elopli 'ficial zone map (tor
n oit� I'D in ;hcs icni to the ol
.-trutricial institutwns. medical clinic, :'Pit d0c- 1_1X:1Mp1c. PD io)'KAW. suhscqucntiv, all lorading, coin.
C0
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
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 i
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 _.
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
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. 2/)
CMarch 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 g0 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.
Tn 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.
�. 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.
The 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
requirements.
In addition, the developer is proposing further deed
restrictions to be incorporated into the subdivision
architectural committee review process:
1 . All units shall have the street appearance of being
attached.
C:
`v i 1 i31NG LANG SURVYi NV F nUJ E i AUMINIS 'iRAT10 3
; . , N ! POMO STREE - $ AN LUIS OBISPC . CA 93401 . 805 - 549 - 8658