Loading...
HomeMy WebLinkAbout10/17/1989, 2 - TRACT 1823: APPEAL OF PLANNING COMMISSION ACTION DENYING A SUBDIVISION TO DIVIDE ONE LARGE LOT INTO MEETING DATE: �����►►IUIIIII��p� i �U city of San tuts OBISpo NUMBER ` ��UL AGE�A ®PoRT ITEM FROM: all Rossi, Interim Community Development Director BY: Judith Lautner, ssociate Planner SUBJECT: Tract 1823: Appeal of Planning Commission action denying a subdivision to divide one large lot into six residential condominiums and one common lot, on the corner of Highland Drive and Ferrini Road. CAO RECOMMENDATION Adopt resolution denying>d appeal of the Planning Commission's action denying a residential condbmiiiium subdivision on the corner of Highland Drive and Ferrini Road. (Tract 1823)' o.�/✓ u p�tiaE BACKGROUND V` Discussion The applicants received approval to build six apartments (four one-bedroom and two studios) at the site in April 1986. The approval included an exception to the density requirement for sloping sites. The apartments are under construction. Now the owners want to develop the units as condominiums. A subdivision map must be approved to create condominiums, and the city's Condominium Development and Conversion ordinance governs the development. The subdividers, as a part of the application, are asking for an exception to the condominium development standards because they are unable to meet the requirements for 250 square feet of private open space and 750 square feet of total open space per unit. At the Planning Commission hearing on September 13, the applicants presented exhibits showing areas on or adjacent to the property that might be considered 'common open space' for the project. Most of the areas proposed do not qualify as open space, according to the city's condominium ordinance. The representative further discussed the inequities of the condomium ordinance, including the variation in open space requirements for different zones and the fact that apartments are not required to include open space areas while condominiums are. The Planning Commission agreed that the ordinance should be revised, but also felt that the project should come closer to meeting the standards. The commission therefore denied the subdivision. The applicants appealed the decision. SIGNIFICANT IMPAC'T'S The director found no significant environmental impacts would result from approval of this project. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION If the council chooses to approve the subdivision, the applicants will be able to sell the apartments individually as condominiums, without the ordinance- required open space for each unit. We anticipate other similar applications would be filed, as interest in creating small condominium projects is high. K v city of San tins OBIspo COUNCIL AGENDA REPORT Tract 1823 Page 2 Data-summary Address: 591 Highland Drive Applicant/property owner: Highland Development Company Representative: Rob Strong Zoning: R-2-S General plan: Medium-density residential Environmental status: Negative declaration of environmental impact granted 8/30/89 Site description The site is an irregular-shaped corner lot that slopes steeply (between 15 and 30%) near the intersection, then drops to below 158 for about half of the lot. Six apartments are under construction on the site. There is no significant vegetation. Proiect description The project includes six units, four one-bedroom and two studios, in two buildings. Garages are provided for ten cars. In addition, there are six motorcycle and six (at least) bicycle spaces, which count as one automobile space (ref. section 17.16.060F of the Zoning Regulations) . Two uncovered guest parking spaces are shown in tandem with the two in garage 'E', making a total of twelve spaces and one 'equivalent space' on the site. The buildings are two-story, with garages and storage rooms on the lower floor, except for studio 'D', which is one-story. Each building steps down the hill, and is approximately 19' high. EVALUATION Staff has identified the following subjects for discussion: 1. Density exception request. The Planning Commission approved a use permit for the site in 1986. As part of the use permit, the applicants requested an exception to the density-reduction-with-slope requirement: The average cross-slope of the site is between 16 and 20%. The density allowed decreases with increases in slope (see attached excerpt from the Zoning Regulations). The number of units normally allowed on a lot with this slope is: 6 'equivalent units' (2-bedroom apartments)/acre X .32 acres = 1.92 equivalent units. a �. city of san tuts osospo COUNCIL AGENDA REPORT Tract 1823 Page 3' Exceptions to the density'requirement may be granted if the parcel is ,essentially surrounded by development at least as dense as the proposed development'. In no case may the density exceed that allowed on property in the same zone with less than 158 slope. The applicant requested an increase to allow 3.8 equivalent units on the site, or 11.88 equivalent units/acre. The Planning Commission granted a density increase to 11.38 equivalent units per acre, or 3.64 equivalent units for the site, the average density in the adjacent R-2-S zone. The six apartments under construction meet this requirement, as the four one-bedroom and two studio dwellings are 'equivalent' to 3.64 two-bedroom dwellings. As discussed below, under 'total open space', the total number of units allowed on the site contributes to the lack of open space available for each unit. 2. Streetvard exceptions. Streetyard exceptions were granted at two different times to this project; ultimately, the exceptions on Ferrini Road were not required. The Planning Commission approved a streetyard exception for Highland Drive, from 20, to 101 . An exception was denied for the buildings, but allowed for the parking spaces. While building permit plans were being prepared, a mistake in the original survey was found. The difference in dimensions required some revisions to the project, including moving portions of the buildings into both the Highland Drive and the Ferrini Road setbacks. An administrative use permit to reduce the streetyards was granted for these exceptions. During construction, some foundations were poured in the wrong location, requiring yet another plan revision. This revision eliminated the need for exceptions on Ferrini Road and required modifications to the property next door, owned by one of the applicants. The final plans include streetyard exceptions for parking backup areas and corners of two buildings on Highland Drive, but no exceptions on Ferrini Road. The project is now set lower into the site than it was previously, a change staff finds an improvement over original plans. 3. Parking spaces. In its approval of the use permit, the Planning Commission required 2.5 automobile spaces per equivalent unit. This means the project requirement is: I 3.64 units % 2.5 = 9.1 = 9 spaces. ��,�n�►�►��IIIII��pn �q�lU city of San tuts OBISpo SM COUNCIL AGENDA REP®R°1' Tract 1823 Page 4 To allow entry to the project through the adjacent property, the applicants had to remove the equivalent of one parking space (two others were relocated on that site) . The project must supply one additional space to make up for that one lost. The total number of spaces required on-site, then, is ten.. The project contains ten spaces within garages, plus two tandem spaces (which block two spaces in one of the garages) , 6 motorcycle and 6+ bicycle spaces. Staff finds that the parking requirement has been met, either for apartments or for condominiums. 4. condominium standards: Storage requirements. The Condominium ordinance requires that new or converted condominiums meet certain minimum requirements that are not imposed on apartments. The requirement for storage is 200 cubic feet of enclosed, weatherproof and lockable private storage space, exclusive of cabinets and closets within the unit, per unit. The minimum opening is 2=1/2 feet, and the minimum height four feet. The project provides well over theminimum storage area for all units. S. Condominium exception Process. The following two items discuss the applicants, exception requests. The condominium regulations allow for exceptions to be granted, only if the council finds all of the following: a. There are circumstances of the site, such as size, shape or topography, distinct from land in the same zoning, or compliance would not be practical because of the location or site design; b. The variance will not constitute a grant of special privilege; an entitlement inconsistent with the limitation upon other properties in the vicinity with the same zoning; and C. No feasible alternative to authorizing the exception would satisfy the intent of city policies and regulations. The council should keep these findings in mind when reviewing the open space exceptions requested. 6. Condominium standards: Private open space. The condominium standards for open space in the R-2 zone are: 250 square feet of private open space, no minimum common open space, and 750 square feet minimum total open space. All areas, to qualify as open space, must be outside required streetyards and must have a minimum dimension in any direction of 10' if at the ground level, and 6' if on a balcony or above-ground deck. �l ������►►�Illilll�lp► ��l�ll city of san Luis ogispo COUNCIL AGENDA REPORT Tract 1823 Page 5 There are no minimum standards for private open space for apartments. The original project did not include any private outdoor areas. As part of the condominium application, the applicants have now proposed decks or patios for all units. The private open space requirement is met by four of the units - units A, 8, C, and E. The deck for unit F and the 'patio' for unit D do not meet the minimum area requirement. Unit D's patio is mostly within the required 20' streetyard. The plans show a ten-foot yard. This is incorrect. Exceptions were granted to allow portions of the buildings and parking areas to intrude upon the twenty- foot yard, but the required streetyard is still 20' . Unit D's patio also includes walls and five steps, which reduce its effective size, and is immediately adjacent to the living room of unit E, which looks out onto it. Staff finds the usability and privacy of this patio compromised accordingly. Staff is unable to support exceptions for units D and F. 7. Condominium-standards: Total open space. While the condominium do not specify a minimum area of 'common open space' for regulations this zone, they do require "total open space' of 750 square feet per unit. 'Total open space' is defined to be private plus common open space. The two areas that staff finds meet the regulations' criteria for 'common open space' area trapezoidal area at the corner of Ferrini Road and Highland Drive (shown as part of 'area 4' on the applicant's sheet TM-4) and 'area 11. These areas are the only qualifying common areas that are at least ten feet in every direction and not within the required streetyard. The qualifying common open space therefore totals 804 square feet. The total open space provided per unit, then, is 804 square feet added to the total of the private open space areas, divided by six. if the private open space areas are approved as proposed (including portions within streetyards, that is), the total open space per unit would be: 1891 + 804 = 2695 square feet total or 2695/6 = 449 square feet per unit. The total open space requirement. is not met, lacking 301 square feet per unit. Applicant's justification for exceptions: a. Large streetvards. The representative's letter (attached) notes the large amount of land devoted to streetyards on this site, and gives this condition as justification for granting exceptions to the open space requirements. Staff feels the intent of the common open space requirement is to ''�n��►►►�VNIIIII�I�����`I MY of San Luis osrspo COUNCIL AGENDA REP®F M Tract 1823 Page 6 provide outdoor areas that are usable by all residents. The condominium regulations specifically omit streetyards from qualifying as common open space for this reason. While the streetyard on Ferrini Road is larger than normal, it may not be permanently available to the residents (see letter from Public Works, attached) and therefore may not be counted as open space. The streetyard on Highland Drive has already been reduced by administrative use permit, effectively eliminating any advantage obtained by the large right-of-way on that street. b. Paved areas are sometimes counted. The applicants say that they intended to develop the site with condominiums from the beginning, but. obtained approvals for apartments to save the time of processing a tract map. Since the condominium standards do not define 'common open space' except to say it may not be in the streetyard and must have certain minimum dimensions, the applicants assumed the parking backup areas could be counted. They have researched other .nearby condominiums where the common open space appears to be paved. Staff is not aware of any condominium developments where parking areas were counted as part of the open space requirement. Staff notes that some condominium developments were created prior to the city's adoption of an ordinance. Others are located in higher-density zones, where open space requirements are not as great. C. Condominiumstandardsare discriminatory. The applicants point out that there are no open space requirements for apartments, while there are for condominiums. Also, the regulations require smaller open space areas for higher-density zones. (The applicants discussed a zone change to R-3 with staff. We said we would not support such a change, just to meet the open space requirement.) The applicants further note that the condominium regulations do not differentiate among types of units - the open space requirement is the same for a studio apartment as for a three- or four-bedroom dwelling. In response to this last concern, staff notes that the applicants could have chosen to develop three two-bedroom apartments, for example, instead of four one-bedroom and two studio apartments. The open space requirements for the entire lot would have been half what they are in this case. We sympathize with the applicants' predicament, but point out that if the project had been submitted as condominiums in the first place, most of these problemscould have been worked out. At this time, the locations of the buildings and open space areas cannot be modified significantly. 8. Planning Commission recommends .a change. After discussion of the apparent inequities of the city's condominium ordinance, the commission recommended that staff look into changes to the city's ordinances that �- 6 ��u�►�t�IIIIIflII�j���l► city of san tins osispo NO; COUNCIL. AGENDA REPORT Tract 1823 Page 7 would set the same standards for apartments as condominiums and would equalize open space requirements for all zones. Staff is adding this project to its current workprogram. 9. Condominium standards: Laundry and solar heating. The standards also call for laundry facilities and solar water heating for each unit. Both of these requirements are met. OTHER DEPARTMENT COMMENTS Public Works comments on the Ferrini Drive right-of-way are discussed above, and attached. No other department had any concerns with the request, except that the building division notes that airspace condominiums are acceptable; other types of units could result in an inability to meet building code requirements. ALTERNATIVES The council may deny the request, as recommended by staff, may continue the request, or may approve the request. An approval must include findings for approving exceptions to the condominium regulations, and may include conditions. RECOMMENDATION Staff and the Planning Commission cannot support the exceptions to the condominium regulations for private and total open space. As this project is under construction, there are few opportunities for modifications available to the developers. Staff feels the project was not designed to function well as condominiums, and therefore recommends that the council deny the appeal, upholding the Planning Commission's action. resolutions Attached: vicinity map initial study reduced site plan letter from representative memo from Public Works minutes from previous hearings slope/density excerpt from the Zoning Regulations appeal statement JZL:trl823.wpf a-� v A RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A RESIDENTIAL CONDOMINIUM SUBDIVISION ON THE CORNER OF HIGHLAND DRIVE AND FERRINI ROAD. (TRACT 1823) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision request TR 1823 , and the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The project is inconsistent with the Condominium Development and Conversion Regulations. SECTION 2. The request for approval of the subdivision request TR 1823 is hereby denied. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted, this day of 1989. Mayor Resolution No. (1989 Series) Tract 1823 Page 2 ATTEST: City Clerk APPROVED: '4ty A inistrative Officer City Attorney Community Development Director JLi:restrl82 .wp RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A RESIDENTIAL CONDOMINIUM SUBDIVISION ON THE CORNER OF HIGHLAND DRIVE AND FERRINI ROAD. (TRACT 1823) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision request TR 1823, and the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements will not adversely affect the health, safety and welfare of persons living or working in the vicinity. 2. The design of the tentative map and proposed improvements are consistent with the general plan. 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 Devleopment Director has determined that the proposed subdivision will riot have a significant effect on the environment and has granted a negative declaration. SECTION 2 . The subdivision request TR 1823 is hereby approved. a-rb Resolution No. (1989 Series) Tract 1823 Page 2 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1989. Mayor ATTEST: City Clerk APPROVED: (City .A inistrative officer- City Attor _ y Community Development Director a — � I To f ✓ DARTMOUTH DR. SC] 4h S/O R R�l I6MI.1Lk0 1,W / O 1 0 p ce4re4 n s / 1J, Jb HIGHLAND 4 CITY LIMITS �M n .. 339 Sal w •� 1��� r 0 O `w`S-1 l 4RKP UIOD9 Q .�[T)°D�' Mhl•I�D)G C-R ASAI ,r3 r4 �-1h rTKi yle tiC rl.r1 p ssr pax. Zw3c �ax _ •//���J/��'\ l MK„' .,� rt[I•II �yK C;"� ..CIS. 1 11 D Q —� R-1 ;;�� R—�— R-4 e,�Y- �' R-4 ..,{� _ VN W 14Q _ 'J>4 . pO MJ N I ] O ! MN11nYv 5]YI'1 _ A \ 39•_ '�. [4�'t.11 ._ I .» .. O O 0 0 0 O o o 9 cry �). ^ c 506 3L4 638--- 590 arc a3c a<g ago / tt aOY a 505 x, FELTON WAY O : �O 539.33)T 543 P1IS O O O O Q O A •'h p f m - � O N � n> + O n r N h ^ -i l -J V 0 Imo' PF N � r � A N P71�84 O CERRO ROMAULOO AVE. s 4v 'z5 537 S9 N, +„ us avr o9] p w'o 83 05 8 x p t f t p O p -� o O >Ycx U11`14 ,' t t. Cltil Of san lids o sp0 �IIIIIIII((I�Illlii l(lilli;j •I�i'(I INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 591 Highland Drive APPLICATION NO. 50-89 PROJECT DESCRIPTION gyhd=V4sj6A 6#- GAS l2r8m 1^r JMrn SIX rAciAnnrial--rnnAnmininmc and one common lot APPLICANT Highland Development Company STAFF RECOMMENDATION: X NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPAREDBY Judith Lautner _ DATE August 28, 1989 COMMUNITY-DEVELOPMENT DIRECTOR'S ACTION: DATE Alc;k7-&S NOPM74/f L7rZc it yt r/7 � SUMMARY OF INITIAL STUDY FINDINGS 1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING 11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS .......................... ...__. NONE* B. POPULATION DISTRIBUTION AND GROWTH..........................................KOUF C. LAND USE ............... ......NONE D. TRANSPORTATION AND CIRCULATION ................................................NONE E. PUBLICSERVICES ................ NONE F. UTILITIES............................................................................NONE G. NOISE LEVELS ............... NONE* H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .....................gene I. AIR QUALITY AND WIND CONDITIONS..................... NONE J. SURFACE WATER FLOW AND QUALITY ................................................NONE* K. PLANT LIFE............................................................... NONE . . . NONE L. ANIMAL LIFE..............__...._.................................................. M. ARCHAEOLOGICALIHISTORICAL ........... .........................NONE N. AESTHETIC ................ NONE* 0. ENERGY/RESOURCEUSE ............. NONE P. OTHER ........ NONE III.STAFF RECOMMENDATION ATIVE DECLARATION 'SEE ATTACHED REPORT seas � - 13 DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The applicants want to subdivide a 14,857-square-foot lot to create six residential condominiums and one common lot, and to receive exceptions to the condominium standards for open space. The project is currently under construction as apartments. An environmental initial study (ER 6-86) was completed for the project, which is attached and incorporated into this report by reference. POTENTIAL IMPACTS COMMUNITY PLANS AND GOALS Condominium development and conversion ordinance The regulations for new condominium projects require that certain standards be met for private and common open space, for storage,. laundry facilities, and energy conservation. The applicants are asking for exceptions to the open space requirements. The condominium regulations include a process for the council to grant exceptions if it considers them justified. Conclusion: Either the project must be revised to meet the condominium standards, or the council must grant exceptions to the standards, for approval of the project. If neither action is taken, the project will be inconsistent with the condominium development regulations, and must be denied. No mitigation measures are required. OTHER Other potential impacts are discussed in the attached report. RECOMMENDATION Grant a negative declaration of environmental impact. JL7:er50-89 y i j i 1 1 E i i 4 t '• � A ;AVa 6,AN® THE L DEVELORMENT.PANNING ONE BUENA VISTA ROB STRONG . PLANNING �.,�'CMANAGEMENT ��, A.W.P.43+9550 ® MILL September 13, 1989 Planning Commissioners 4 CITY OF SAN LUIS OBISPO City Hall , 990 Palm Street San Luis Obispo, Ca. 93401 Subject: ' Tract No. 1823, Highland/Ferrini Condominiums 1��$ v,lDear Planning Commissioners: Personally and professionally, I fundamentally disagree with the concept of different property development standards for rental versus owner occupied housing ! If its considered decent, safe and adequate for residential occupancy, in my opinion, the right or opportunity for home ownership should not be denied due to double standards. Even if such double standards are prescribed, to encourage better design and amenities for resident owners, or to prevent problems due to a mix of individual and common areas, the standards should be constructed, interpreted and administered with flexibility to encourage rather than discourage or deny the benefits and responsibilities of ownership. In San Luis Obispo, however, the double standards vary widely, depending on the specific property zoning, further complicating what is acceptable . After receiving the staff report regarding our proposed subdivision of the six units under construction at .591 Highland Drive, we have discussed the apparent problems with staff and tried to find solutions to our dilema. One solution, of course, is to eliminate the double standards entirely, or at least revise them to be more uniform rather than variable depending on zone . This particular property is a corner lot adjoining the existing R-4 zoned College West Apartments to the south, and three R-2-S zoned apartment and coindominium projects to the west . Another solution, although it would not change the actual development of the property to any significant degree, would be to rezone this transitional corner lot as R-3. With the improvements we already propose, and some of the additional revisions refined below, the development would fully conform to the condominium standards . (The private, common and total open space requirements of the R-3 and R-4 zones are approximately half those required in the R-1 and R-2 zones. ) Due to slope and access constraints near the intersection of Highland Drive and Ferrini Road, the site offerred very limited site plan alternatives without elimination of units: the planning commission approved requested exception to average cross-slope density reduction as part of use permit consideration. If the property remains zoned R-2=S, despite inability to fully comply with the private and total open space provisions of the condominium development- standards, the City could consider the site specifics, and "where no feasible alternative to authorizing an exception exists, " it could determine that the necessary findings can be made and grant an exception. a- In this instance, some degree of 'exception to- the private open space standard would- be required for two of the six units due to established driveway alignments on the adjoining property, minimum dimension of 10 feet of functional open space calculation and exclusion of street yard areas . Exception may also be needed to the total open space standard for the same reasons, depending on including possible Ferrini Road street. vacation area and the effective use of the newly landscaped portion of the open space easement acquired from the adjoining property. (Technically, the standards do NOT state that paved areas or even required driveways and parking areas outside buildings must be excluded from open space calculations. ) The development was designed to conform to all other comdominium development standards: enclosed storage areas, individual laundry facilities, solar water heating, and individual utilities to each unit are all provided. Additional amenities such as fireplaces, attached enclosed private parking integral to each unit, and larger more livable interior areas were incorporated although not required by City regulations . Subsequent to meeting with staff, we have found several additional revisions and refinements which we believe substantially improve the effective, usable private and total open space of our subdivision proposal . These are shown on the attached "Revised Subdivision Map- Area Summary" , and itemized below: a) Relocate motorcycle and bike pdr1king to central driveway, and expand west side yard to useable common open space to increase total open space . b) Revise stairs and walk entries to Units "E" & "F" near Highland Drive street yard, and enlarge the entry patio of Unit "D" . (Provides 210 s . f . 84% of required 250 s. f . ) c) Widen the balcony of Unit "F" and enlarge the elevated deck of Unit "E" (Provides 200 s. f . , 80% of required 250 s.f . ) to provide required 250 s . f. of private open space . d) Add balconies to west side of Units "A" , "B" & "C" to provide additional 360 s . f . of private and total open space . e) Request consideration of newly landspaced portion of open space easement acquired by this development from adjoining apartment property. (Enables inclusion as effective total open space. ) f) Request consideration (or actual vacation) of surplus street right of way on Ferrini Road to enable inclusion of approximately 1980 s.f. of effective, usable total open space, exclusive of required front yard. As summarized on the attachment, these feasible and effective open space improvements to the development under construction, appear to eliminate any exception for total open space and minimize exception for private open space, 80% for 2 of 6 units . According to section 17.82. 150 of the condominium development regulations, exceptions to property improvement standards may be approved by the council , only if it finds: "A.. There are circumstances of the site, such as size, shape or topography distinct from land in the same zoning, or compliance would not be practical because of the location or site design; B. The variance will not constitute a grant of special privilege; an entitle ment inconsistent with the limitations uporr other properties in thevicinity with the same zoning; & C. No feasible alternative to authorizing the exception would satisfy the intent of city policies and regulations. " We believe that the shape and topography of the site, its unique access restrictions due to proximity to the street intersection, and the inability of full compliance due to the location of one of the two buildings, due to pre-existing driveway placement on the adjoining apartment property (except by infeasible and impractical elimination of a unit) , justifies the first finding. Recognizing that these circumstances prevent complete compliance with strict interpretation of one standard involving two of the six units; that the otherwise the development conforms to the intent of the condominium standards; that the development also provides additional amenities and features desirable in ownership housing, but not required by city standards; and that other properties in the vicinity with the the' Same zoning have been and could be subdivided only with similar interpretations, approval will not constitute a grant of special privilege or inconsistent entitlement. As explained above, with the additional improvements proposed after consultation with staff and as shown on the exhibit called "Revised Subdivision Map" for Tract No. 1823, there are no other feasible alternatives to authorizing the exception to private open space standards for two of the six units, (except rezoning the property to R-3, which would enable full compliance) ; and the intent of the city policies and regulations is met with 80% of the required private open space involving these two units, and with an average greater than the minimum standard. (The standards do not distinguish the amount of open space required, depending onthe size of unit, but the two units involved are a studio and a one bedroom unit rather than a larger dwelling . In conclusion, I consider the comdominium development standards to be inappropriate, inequitable and inconsistent. Despite this opinion, I believe that the unique nature of this property and the development approved by the city and under construction, justifies the required findings, particularly after the proposed additional improvements which the city can encourage by approval of the Revised Map or Tract No. 1.823. Sincerely, g, .C.P.ronI �_`� s s . o y w•J.ii•. f'r' +a • ' r aY-' ,� as c = � y $ 74 I I1 : I _ �``r � •iii:Z�' i It i � 4 . Y _ P tl c O+O Y O Y O • 1 { i 1 •mYO[D.lmrtna UAWYV roL � •�p1 a16M 7 i C .MIOMLAMO-PtNRIYI COMDOIIIMIYY>t _ R S = � < ] -maro awa Ye•Ow••oio a�4.4 w w C?> � �� ��IIaIIBlllllilll� III���;����������QII111Ii1�lll� ��� cit of San LUIS oBispo MEG@ 955 Morro Street • San Luis Obispo, CA 93401 September 13. 1989 MEMORANDUM TO: Judy Lautner, Associate Planner FROM: LJe rry Kenny, Supervising Civil Engineer SUBJECT /CONSIDERATION OF ABANDONMENT OF A PORTION OF FERRINI ROAD R/W TENTATIVE TRACT NO. 1823. PROPOSED AIR-SPACE CONDOMINIUM AT 59.1 HIGHLAND DRIVE I was asked by Dick Cleeves to consider the possibility of abandoning a portion of Ferrini Rd. R/W in order to provide additional open space to meet the requirement for the above-mentioned project. There is a variable width "parkway", greater than a typical iV foot-wide parkway (including 6 ft sidewalk) . However. there is a proposal for a future modification of the Highland Dr/Ferrini Dr intersection to improve the vertical sight distance with respect to highway 1 (Santa Rosa St) which may include a realignment of Ferrini at the intersection. It will definitely require the lowering of an 18-inch diameter watermain and the cost to do that is a big factor in the current delay in doing this work. Therefore, this department recommends denial of any consideration to abandon any portion of the existing R/W. Additionally, the proposed trees along the Ferrini Rd. frontage for the current apartment complex encroaching into the R/W .must be pulled back to "at least" the R/W line so as to not impact any grading or "require tree removals with the possible realignment of the street. c; Jack Brazeai Building Div. Dick Cleeves file N/jkferrini ik �-ate PLANNING COMMISSION San Luis Obispo, California Regular Meeting - April 9, 1986 PRESENT: Commrs. Randy Dettmer, Janet Kourakis, Jerry Reiss, Bruce Seivertson, and Chairperson Patrick Gerety ABSENT: Comm s. Donna Duerk and Richard Schmidt OTHERS PRESENT: Toby Ross, Community Development Director; Glen Matteson, Associate Planner; Anne Russell, Assistant City Attorney; Wayne Peterson, City Attorney; Barbara Ehrbar, Recording Secretary MINUTES: Regular meetings of February 12 and 26, and March 12 , 1986. On motion of Commr. Kourakis, seconded by Commr. Reiss, with Commr. Seivertson abstaining, the minutes of February 12 and March 12 , 1986 were approved as written, and the minutes of February 26, 1986 were approved as amended by Commr. Kourakis. 1. Public. Hearincr: Use _Permit- U1244 : Requests to allow increase in density allowed due to slope; to allow a 6-unit apartment complex; to allow common access driveway; and reduced Highland Drive street yard to 10 feet; 591 Highland Drive; R-2-S zone; Highland Development Company, applicant. Glen Matteson, Associate Planner, presented the staff report, recommending approval of the use permit subject to findings and conditions listed in the staff report and an additional finding as follows: "The site is essentially surrounded by development of similar density, " and an additional condition that the new apartments have a minimum parking requirement of 2 .5 spaces per unit. Chairperson Gerety declared the public hearing open. Rob Strong, representative for the applicant, reviewed the surroundings of the property and the topography of the site. He felt it was inappropriate to average the three R-2 properties to the west. He referred to a provision in the code that allows the slope-density reduction not to be applied when a property is essentially surrounded by development of an equal or greater density a - I •� i P.C. Minutes April 9, 1986 Page 2 and asked that this property, which is a transition between high-density residential and medium-density residential, be allowed the medium-density designation. He felt it- was possible to develop the property without encroaching upon the steeper slopes. The design concept utilizes the slope beneficially, creating a streetscape of a single-story building and an interior of a two-story with a backdrop of two-and-a-half or three stories. Mr. Strong noted the critical issue was a different interpretation of the slope density than recommended by staff. He requested a 12-unit per acre allowance so that the project would not have to be modified. A modification to the project would not make an external difference to the design proposal, but the size of one of the. one-bedroom units would have to be trimmed to create a studio. He pointed out that proposed parking was far in excess than what was required. He supported staff's recommended findings and conditions with the exception of Condition No. 1 dealing with density. Chairperson Gerety declared the public hearing closed. Commr. Seivertson supported staff's recommendation and moved approve Use Permit U1244 subject to findings and conditions as noted in the staff report, including the additional finding, with an amendment to condition 23 , stating that parking spaces shall be provided at the rate of 2 .5 spaces per equivalent unit minimum. Commr. Kourakis seconded the motion, Resolution No.. .3022-86. . Commr. Gerety indicated he would not vote in favor of the motion because the motion did not address the issue of setbacks. He could possibly only support it if an additional condition was added which would state that no building would be allowed within the building setbacks. Commr. Seivertson indicated he would be willing to amend his motion to add a condition stating that no building shall be within the setbacks. Commr. Kourakis, as second to the motion, agreed to the additional condition. VOTING: AYES: Commrs. Seivertson, Kourakis, Dettmer NOES: Commrs. Reiss, Gerety ABSENT: Commrs. Duerk, Schmidt The motion passes. a -� Draft P.C. Minutes September 13, 1989 4. Public Hearing: Tract No. 1823.. Consideration of a tentative map creating a 6-unit residential air-space condominium; 591 Highland Drive; R-2-S zone; Highland Development Co., subdividers. Randy Rossi, Interim Community Development Director, mentioned that the newspaper notice listed "519" rather than "591" Highland, but that the site had been properly posted and the proper 300-foot mailing had occurred. Judith Launter, Associate Planner, presented the staff report recommending the commission deny the tract. She also distributed a Public Works memo recommending against abandoning a portion of the right-of-way. Comm-r. Crotser stated he spoke with the subdivider, Dick Cleeves.. Commrs. Kourakis and Karleskint indicated they spoke with the subdivider, Val Gillespie. Commr. Hoffman stated he spoke with both subdividers. Chairperson Duerk opened the public hearing. Rob Strong, One Buena Vista, subdivider's representative, submitted a letter in support of the project and discussed in detail the open space requirement. Be did not agree with condominium development standards. He discussed the rezoning potential to R-3 and exceptions needed, street alignments, and right- of-way/open space areas. He discussed changes to the site plans including relocation of bicycle and motorcycle spaces and unit redesigns. He discussed. the landscape easement area and felt the shape, topography, and. site access were special circumstances warranting exceptions. he discussed the parking compliance. Val Gillespie, Box 3, Rte. 192H, subdivider, was concerned with condominium standards and the open space issue. He discussed the possibility of R-3 zoning. He wondered why parking areas could not be counted as open space. Dick Cleeves, 6079 Joan, subdivider; stated the project would provide affordable housing.' Chairperson Duerk closed the public hearing. Commrs. Hoffman and Karleskint felt the subdividers had made creditable efforts to improve the project to meet the open space requirements for condominiums. Draft P.C. Minutes September 13, 1989 a -a3 Page 2 Commr. Crotser agreed that it was time to re-evaluate condominium open space requirements. He did not think rezoning to R-3 was feasible. He was concerned with Units D and E and stated he could not make the findings. Commr. Kourakis was concerned with the need for exceptions and the open space calculation problems: Commr. Roalman was impressed with the project but did not feet the standards were met and could not support another exception. Chairperson Duerk agreed there were inconsistencies in the condominiums standards versus rentals, but was concerned with granting exceptions and, thereby, setting a precedent. Commr. Roalman moved to deny the request as the project did not meet condominium standards.. Commr. Kourakis seconded the motion. AYES: Roalman, Kourakis, Crotser, Hoffman, Duerk NOES: Karleskint ASSENT: Schmidt The motion passes. a a� AGENDA ITEM 4 57 A G E N DA N O T E S k ADMINISTRATIVE HEARING DATE: � " � Ti1 -n 1�Friday 2:30 Project Planner: aI L �7� L //vcl�-. PROJECT NO.�q. �—ff� Presenting.Planner: SGt/��.2 Address: J-/ l 1 66 !(4-C)D pIL PUBLIC TE IRONY: APPLICANT_�jtEPRESENTATIVE: �1 OTHER PUBLIC COMMENT: HEARING OFFICER COMMENTS: ACTION QI,Q,4 Apj rn 44_O d - - c:;2—c ���II�►►�IIUIIn11811111II�������������l�I►►IIIIeI II�� city of sAn luis oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-6100 December 9, 1987 Highland Development Co. Dick Cleeves 670 Higuera Street San Luis Obispo, CA 93401 SUBJECT: Use Permit Appl. A 160-87 591 Highland Drive Dear Mr. Cleeves: On Friday, December 4, 1987, I conducted a public hearing on your request to allow reduced street yard setback from 20 feet to 10 feet, at the subject location. After reviewing the information presented, I approved your request without conditions, based on the following findings: Findings 1. The proposed street. yard reduction will not adversely affect the health, safety, and welfare of persons living or working at the site or in the vicinity. 2. The proposed street yard reduction is appropriate at the proposed location and will be compatible with surrounding land uses. 3 . The proposed street yard reduction is exempt from environmental review. My decision is final unless appealed to the Planning commission within ten days of the action. An appeal may be filed by any person aggrieved by the decision. If the use or structure authorized by this use permit is not established within one year of the date of approval or such longer time as may be stipulated as a condition of approval, the use permit shall expire. See Municipal Code Section 17 .58..070.D. for possible renewal. If you have any questions please call Pam Ricci at 549-7168. Sincerely, �Yop -GT-7e)A) o ti �1 Y � c.o� e=P T7 61U Ken Bruce Hearing Officer drs a -a �o. uo" :. cW1uriN onvtuau nv1.1 7116 W a3 I u y I � e / w t• I ~ r 1 LZ' wzl to ti 6 � c nam a � Chapter 17.16 �\ 1."Density"is the number of the dwelling units per net PROPERTY DEVELOPMENT STANDARDS acre. In the C/OS and R-1 zones,each dwelling counts \ as one unit. In the other zones,different size dwellings \\ Sections: have unit values as follows: 17.16.005 Applicability of other provisions. a. Studio apartment,0.50 unit; 17.16.010 Density. b, One-bedroom dwelling,0.66 unit; 17.16.020 Yards. c. Two-bedroom dwelling,1.00 unit; 17.16.030 Coverage. d. Three-bedroom dwelling, 1.50 units; 17.16.040 Height. e. Dwelling with four or more bedrooms,2.00 units. 17.16.050 Fences,walls and hedges. 17.16.060 Parking space requirements. 2.The following procedure shall be used to determine 17:16.070 Parkingand drivewaydesign and exceptions. the maximum development allowed on a given lot or 17.16.080 Fire protection. land-area: 17.16.090 Screening of outdoor salesand.storage. 17.16.100 Utility services. a.Determine the Average Cross-slope of the Site. "Average 17.16.110 Satellite dish antenna. cross slope"is the ratio,expressed as a percentage of the difference in elevation to the horizontal distance be- tween two points on the perimeter of the area for which 17.16.005 Applicability of other provisions. slope is being determined, The line alongwhich slope is measure shall run essentially perpendicular to the con- A.Development of property within the city maybe sub- tours. ject to provisions of this code not contained in this section or chapter, including, but not limited to, the i. Where a site does not slope uniformly,average cross following: slope is to be determined by proportional weighting of the cross slopes of uniformly sloping subareas,as deter- 1. Fire prevention code,Chapter 15.08; mined by the city engineer. 2.Building regulations,Chapter 15.04; 3.Demolition and moving of buildings,Chapter 15.36; ii. Cross-slope determinations shall be based on the 4.Subdivision regulations,Title 16; natural topography of the site,before grading. 5.Building setback line(plan line),Chapter 17.74; 6. Street right-ofway dedication and improvement, iii.Slopes calculated to the nearest 0.5 percent shall be Chapter 17.76; rounded up. 7.Excavation and grading,Chapter 17.78; 8.Architectural review commission,Chapter 2.48; iv.Noslope-rated density reduction is required in the C/ 9.General plan amendment regulations,Chapter 17.80; OS,C-R,GC or PF zones. 10.Sign regulations;Chapter 15.40; 11. Condominium development and conversion regu- v.The maximum development allowed for each average lations,Chapter 17.82; cross-slope category is as follows: 12.Flood damage prevention regulations;Chapter 17.84; 13. Downtown housing conversion permits, Chapter TABLE 1 17.86; MAXIMUM RESIDENTIAL DENSITY FOR 14.Growth management regulations,Chapter 17.88; CROSS-SLOPE CATEGORIES 15.Resource deficiency,Chapter 2.44; 16.Environmental review guidelines,adopted by coun- % Average Maximum Density cil Resolution 3919-1979. Cross Slope (units per net acre) B.Where provisions of this chapter conflict with provi- R-1 R-2,0 R-3 R-4 sions of other applicable laws,the more restrictive pro- C-N,C-T vision shall prevail. (Ord. 1006- 1 (part), 1984: prior code-92025(A)) 0-15 7 12 18 24 16-20 4 6 9 12 17.16.010 Density. 21 -25 2 4 6 8 26 + 1 2 3 4 A. Determination of Allowed Development. 18 By approving an administrative use permi4 the director - 1 (part), 1982: prior code may grant exceptions to the reduction of density with -92025(B)) slope where the parcel in question is essentially sur- 17.16.020 Yards. rounded by development at least as dense as the pro- posed development. The exception shall not authorize A.Definitions and Purpose. densi tygreater than allowed for the categoryof less than fifteen percent slope for the appropriate zone See also "y . i Section 17.12.020D,Nonconforming Lots-Regulations.) 1 A and is an area along a property line within which I no structures,parking spaces or parking backup spaces b. Determine the Net Area of the Site "Net area"in- may be located,except as otherwise provided in these dudes all the area within the property lines of the regulations. Yards are intended to help determine the ' ;r --way dedicated to Pattern of building masses and open areas within neigh development site minus street right-of ;i. the city. Net area includes the area occu led b allowed gs. Yards are borhoods. They also provide separation between com- nonresidential uses P y bustible materials in neighboring buildin further intended to help provide air circulation,views Q Multiply the resulting area (in whole and fractional and exposure to sunlight for both natural illumination acres) by the maximum density allowed (in units Per and use of solar energy. acre)according to the table in subsection A l:a.of this section. 2.These regulations provide for two types of yards: d.The resultingnumber(indwellingunits,carriedoutto a' "Street yard"means a yard adjacent to a local street, the nearest one-hundredth unit state highway, or adopted setback line. Frontages on residential development ) . A y the i maximum Highway 101 are not street yards. dwelling P Potential. Any combination of their combined unit values do not numbers may beexceed the b.An "other yard"is any yard other than a street yard potential B.Measurement of Yards. B.Density Transfer. I.Street yards shall be measured from the fight-of-way I.Developmenttransferred line or adopted setback line to the nearest point of the area covered by potential may (PD) Zoe, in wall of any building conformance with the requirements of Chapter 17.50. 2.Other yards shall be measured from the property line 2.Where a portion of lot is within a zone or zones that to the nearest point of the wall.of any building. :allow residential use and the rest of the lot is in a GOS 3.The height of a building in relation to yard standards zone,and the portion within the GOS zone is not large is the vertical distance from the ground to the top of the enoughtpotentall w oneeC/OSzo e dwelling, the framay tioafy5ferr nal ll o roof,to at a point which is a specific distance the other portion of the lot,without planned develop- from the property line. Height measurements shall be ment rezoning. based on the natural topography of the site, before grading. C.DensiryAveraging. Where portions ofalot are within C.Yard Standards. two or more different zones that allow different maxi- mum densities, and any portion is not of the size re- 1.Street yards shall comply with the following: quired for a lot in that zone, density may be averaged over the whole lot,with each portion contributing to the i overall maximum development potential in proportion to its area and maximum allowed density. D. Density Bonus for Low-income and Moderate-in- come Housing. Pursuant to California Government Code Section 65915, the city may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with low or moderate income,as defined in the Government Code.(Ord.I085 -l Fx.A art 7;Ord.1006-1 (P )'198 (part),1984;Ord.941 JI i 19 j �►i� ����1������ � u�All citytuiso sanOBISPO 990 Palm Street/Post Office Box 8100 •San Luis Obispo, CA 93403.8100 APPEAL TO CITY COUNCIL I in accordance with the appeals procedure as authorized by Title I, Chapter 1:20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from1 t�he decision of L� -/�1/�l/l�l(7 _ A4M ._ _ rendered on W _,24. /.31 9. which ecision consisted of the following (i.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed) : �C or C T /� . !8 2 3 X3.4 �to�coo 1,3S /. A 'N7` Pk .4 ion o — Com 00 s �r �r i P T T r /�(DA-/r_70s 2 . t j±EF R-L �us4 c, ro a�x�ss . �� Zon[11\j ,�'-3 3 �G ""054c� To C.On[5lco� �6C'—T0AJ D ' (:Z /1,400 "ntDQrs -,[76A<.fvJ(,=j \n1ITi-4 ALLeu-).4'3t,6 /onrS y �I-T c�Isio/ �� The undersigned discussed tthfe de 1sion be ng appealed from with: on Appelant: � �+ —T Name/Title / Q��� I�LEQ C �tCK C(_66Ve s . 4ft!!�I-IJE< Representative /I -SEP Y. 198y (007 1 --J GA�.r �L. , .�L-O Mum Ga Address S11- 44331, X14- 5310 Phone Original for City Clerk /O /7 Q / Copy to City Attorney CFened for: 7 Copy to City Administrative Officer CopY�t9.�the following department(s) : t.....1Cty Clerk a �� 0 MEL,- .JG AGENDA DATE /o-17-ef ITEM # October 12, 1989 banouc acccr by Load Person Ra pond by: Mayor and City Council Members RP CITY OF SAN LUIS OBISPO CAO City Hall , 990 Palm Street IJ� CityAtty. San Luis Obispo, CA 93401 J/Clerk-ori .. �R.� � P1r.r. Dear Mayor and City Council Members , I J"Lf After reviewing the staff report, we would like to point out what we feel are some misinterpretations . We will begin with page one. and progress through the report in numerical order . Staff feels that approval of the project will open the door for other small condo projects . The exception section of the condo regulations allows for approval if there are circumstances that only apply to this site and because of this the variance does not set a precedent for other projects . Page 2 under site description states that our project "is an irregular-shaped lot that slopes steeply" . This site also has two other irregularities , it is trapizoid shaped lot and it is a corner lot . Page 3, item #2 states that we were allowed a reduction in the Highland streetyard with the provision that no buildings would_ encroach into the reduced streetyard . No building encroaches into either the Highland Drive or the Ferrini Road streetyards . During construction no foundations were poured in the wrong place . They . were built and poured per city approval . It was found that our surveyor made an error in laying out the foundations . This error re.sul.ted in a change order being submitted to the city in regard to the rearrangement of three extra parking spaces . These spaces have been moved and replaced per staff approval . The only change that the surveying error created on the streetscape was the lowering of the profile of the project , which staff finds to be a positive change . Page 5 discusses private open space in regards to all of the units . Staff states that the private open space for unit D is built in the street yard . It is not , we were granted a reduction of the Highland Drive street yard from 20 ' to 10 ' . See attached Use Permit Appl . #A 160-8? . Unit F private open space can be enlarged , by increasing the width of the deck , to conform to the Condo Regulations . We stated at the Planning Commission meeting that we were willing to make this change . Unit D has 80+% of the required open space . All of the other S units can comply with the private open space requirement , and it is very usable . - Page 6 , #? item b . states that staff is not aware of any condo projects that include paved areas or projects that were granted exceptions . We pulled the staff report on a project two lots west of our project . It is zoned R-26 and is a Condo project that does not appear to meet the Condo Regulations . We pointed this out to staff , yet they still say it conforms . The Condo Regulations do not RECEIVE ® OCT 1 6 1989 J6-/5R M. CITY CLERK SAN LUIS OBISPO,CA define common open space . In doing research for our project we looked at other known Condos in our neighborhood . It was very apparent to us that paved areas are considered allowable open space . Page 6 , #8 The Planning Commission recognized that there are ambiguities and inequities in the Condo Regulations . We support their concerns and feel .that on the basis of the deficiencies of the ordinance, we made a very reasonable attempt at compliance . Staff states that we could have received approval if we had built three 2 bedroom units instead of four t bedroom and two studios . These three 2 bedroom units could have contained the same amount of square footage as our six unit project , however . they would only require half the open space for potentially the same amount of occupants . Does this make sense that a small project , with smaller more affordable units is penalized, while a larger, more dense unit is required to provide less open space per occupant? Sincerely , byer&xDZ�/ZO X/��"aC Sand & Val Gillespie HIGHLAND DEVELOPMENT CO . NOTE FROK CITY_ CLERK'S OFFICE: Revised Tract PSap submitted with this letter available in Council Office for inspection. DanoteS adon by Lead Person Respond by: Wbounoil 6� �a�inavd MEETING AGENDA A0 GATE /o-/Z-891TEM # City Atty. cfan� �ii�bo; i �f40f Vql k Trl veei l C°e J. JJU.tJ/C� RECEIVED �ossi s OCT 1 2 1967 CITY CLERK SAN LUIS OBISPO,CA \\\ \\\ 4 SII III��III�IIIIIIIIIII�IIIII��uIINl►1111 �u city of sAn lolls OBISPO 990 Palm Street/Post Office Boz 8100 • San Luis Obispo,CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from. the decision of 6LD /�/�rQ/N(W CZA,1M . rendered W on F D, �.�9��1. which cis ion consisted of the following (i.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): _ l FC ye fp?60J10 640 0 6^j T No, Co/v /�-a2AA iG Cantc�o�J�r�viv� os . 126 fC)5-4` (a ISe-Us5 )2.e- Zo1,l /,,,jb %b R-3 ToConlSreE� ��c��oAj lD Con>�a ,�N�0S -06-AL,ivv kAJITw �LowA6LE ionl.s Ct�nECt--wiAj 61-F6 PQ03 The undersigned disdussed Vie dedision being appealed from with: on Ap711-67"LA-AJD lant: y�VLL d i�fiv'� C C, _T Name/Title / RM31YBD S CK - 1 Representative -SEP 15 1989 (oOZ I --�� ��. �L�o �CFff,aLEaK � Address 59-3 - /!4 / 541- 44331 S ZF4- 53f Phone Original for, City Clerk A p Copy to City Attorney Fen ed for: Copy to City Administrative Officer ComLA(L-the following department(s) : O City Clerk