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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. / r 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). i 2. Preliminary Plan and Exceptions To Design Standards — 'The preliminary 00, development plan shows the northerly portion of the site subdivided into 11 lots ►� ► �plp�u ji��yl�� crty of san tins osispo 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 10 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. I � s • 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 I i ._ 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. �- 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: 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 N C O .A C � O U W V � h �f � i 0 co r 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. C 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. r 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 o � CXtf M I ri �\ f jFl Y R-2 -PD / 4sl P F PF � P-2 AAMO" AY R-2-s R-2\\ \ . \ �. �i R-2 R 2 P < M o s' A\ may~ \\ II `\ •y °w( _ R-3 .;r. R R-I \ . REZON , FROM I R-2-Po \ : M \\ R 3 R-2 R-2 TO -PD C/bS-40 \ �?' \\ Site J -S- �\ i° -SP C/03 -40- SP t [• t\s un urns s R-Z-SP R-G-S P N SP R- 1-S( �Y ✓ ✓ R - SP a J Lr �p1r i . n j'7r1 1 � i oy •� y 1 int � � j � rr gill Eggligglif as _ - -•-- - WnV- a � tt• -'•itrt; w V � . h �I CO I — � '. IR- t- P R M _ ��-- i J ' _ it � � s j�• � N ' � � Q j 1 06< j :c dill la • t �� 72I � �.d 0-4 0-4 LLI I :l 9 `ct 1 t /';•;.rte-,.z,.• > ND Y iii-;F ,•� � ®NMI _ aaY �tJ \l` .a� ate, .I SY 4 F •� \� '`_ _= ,�' iii'::. • IR .��•:`;Via,� S' r:iy ., �. ��"��,� v1y. moi.: n• - �.'.:�: '�Ld,.5:1�`t Fr:l��;ti.r�9�eF\•:•�, �:'• �f���•.11 � ���� �-ice_. �^,:?a��� +It�`\•,�"•��� , s 10 cOt � j LU 1111 1 V ,11`IIt T 1 \�a d I , II I Y I , i 1 i I • Y f 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