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HomeMy WebLinkAboutPC-1012-17 (SBDV-0626-2017 and EID-0628-2017 -- 600 Perkins Lane)RESOLUTION NO. PC -1012-2017 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP TO CREATE TWO LOTS, WITH A REQUESTED EXCEPTION TO THE MINIMUM LOT SIZE REQUIREMENTS (SLO 17-0013), INCLUDING A NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 20, 2017 (600 PERKINS, SBDV-0626-2017, EID-0628-2017) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on December 20, 2017, pursuant to a proceeding instituted under SBDV-0626-2017, Neils Grether, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval to the project (SBDV-0626-2016), based on the following findings: 1. The design of the tentative parcel map is consistent with the General Plan because the proposed subdivision is consistent with the development pattern established in the neighborhood and the resulting parcels allow for residences with sufficient usable outdoor space. 2. The site is physically suited for the type and density of development allowed in the R-2 zone, since the resulting parcels require minimal exceptions to the Subdivision Regulations and resulting development will meet lot area coverage requirements of the Zoning Regulations. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision since all parcels will have adequate access from Rockview Place. 4. The design of the tentative parcel map is not likely to cause serious health problems, substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant Resolution No. PC -1012-17 600 Perkins Lane, SBDV-0626-2017 Page 2 habitat areas for fish and wildlife, is surrounded by urban development, and has already been developed with an existing dwelling and associated site improvements. 5. The property to be divided is of such size that it is impractical/undesirable, in this particular case, to conform to the strict application of the standards codified in the Subdivision Regulations because the design will result in a more efficient use of the land, an exception is required due to a portion of the property required to be dedicated to the public right-of- way, approximately 175 square -feet, without this requirement of dedication the property could be subdivided to conform to current standards. 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification, because other findings are made to support approval and the exceptions relate to existing physical conditions of the project site. 7. The modification will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity since the minor exception is for a property that is already developed with single-family residence, and there are numerous examples of similar subdivisions and development in the immediate vicinity. 8. Granting the modification is in accord with the intent and purposes of the Subdivision Regulations and is consistent with the General Plan because the exceptions are consistent with other properties in the vicinity and the project does not grant special privileges or modify allowable land uses within the existing R-2 zoning district. 9. The subject property has been designated as a "sensitive site" by Ordinance No. 715 (1977 Series) because of concerns relating to substandard street width, drainage concerns, creek setbacks, slope and compatibility with Service -Commercial (C -S) zones. The use permit requirement has been waived as the project is consistent with the General Plan and the property's sensitive site status is adequately addressed through the proposed subdivision application in accordance with Zoning Regulations Section 17.56.040. SECTION 2. Environmental Review. The Planning Commission finds that the project's Negative Declaration adequately evaluates and identifies all of the potential environmental impacts of the proposed project and hereby adopts said Negative Declaration (EID-0628-2017). SECTION 3. Action. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: Planning Division — Community Development Department Plans submitted for a building permit shall comply with all construction related requirements identified by APCD letter dated October 19, 2017 (Exhibit A), including but not limited to naturally occurring asbestos, demolition/asbestos, dust control measures, construction permit requirements, and residential wood combustion. Compliance with Resolution No. PC -1012-17 600 Perkins Lane, SBDV-0626-2017 Page 3 these standards shall be monitored during the building permit plan check process and by field inspections conducted by Building Division inspectors. Engineering Division — Public Works/Community Development Department 2. The subdivision shall be recorded with a parcel map. The parcel map preparation and documentation shall be in accordance with the City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with the current City Engineering Standards. 3. The parcel map exhibits and legal descriptions shall be prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. 4. The parcel map submittal shall clearly label the proposed parcels of the subdivision, all public and/or private easements, and dedications. 5. Park in -lieu fees shall be paid prior to map recordation. The fees shall be based on the fee resolution in effect at the time of map recordation. 6. The subdivider shall dedicate right-of-way to create a 26' right-of-way along Perkins Lane. The dedication shall be finalized prior to or concurrent with the recordation of the parcel map. 7. Public improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department for review and approval unless otherwise included in a building plan submittal. The plans shall be approved prior to map recordation. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. Separate subdivision improvement plan review fees, inspection fees, and map review fees shall be paid at the time of application and plan/map approvals. 8. Any required building permits for utility installations, relocations, or building alterations shall have all work completed and receive final inspection approvals to the satisfaction of the Building Official prior to recordation of the map. 9. The existing structures, building service equipment, and pertinent utilities shall be demolished, moved or altered to comply with building codes and zoning setbacks to the satisfaction of the Community Development Department prior to map recordation. 10. Complete frontage improvements shall be constructed along the property frontages per City Engineering Standards as a condition of map recordation. Existing frontage improvements shall be altered or upgraded to comply with current ADA and City Engineering Standards to the satisfaction of the City. Resolution No. PG1012-17 600 Perkins Lane, SBDV-0626-2017 Page 4 11. The City will support the design exception for a reduction in sidewalk width from the standard 6' integral sidewalk to a 5' integral sidewalk in accordance with ADA minimum requirements along the Perkins Lane frontage. The reduced sidewalk width shall maintain a free and clear width of 4' to any sign post, hydrant or other obstruction. Additional sidewalk widening and public pedestrian easements shall be provided if necessary. 12. A separate exhibit showing all existing public and private utilities shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the map. The utility plan shall include water, sewer, storm drains, site drainage, gas, electricity, telephone, cable TV, water wells, private waste disposal systems, and any utility company meters for each parcel if applicable. The relocation of any utility shall be completed with proper permits prior to recordation of the map. Utilities shall not cross proposed property lines unless located within suitable easements. Easements, if proposed, shall be shown on the final map or shall be recorded concurrently with the map to the satisfaction of the Community Development Director, Public Works Director, and serving utility companies. 13. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each lot/parcel to the satisfaction of the Public Works Director and serving utility companies. Wires to the new buildings shall be underground. Undergrounding shall be completed without new utility poles within the public right-of-way. 14. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, slope banks, construction, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior to or concurrent with the map recordation as applicable. Said easements may be provided for in part or in total as blanket easements. 15. The subdivider shall dedicate a 10' wide street tree easement and public utility easement (P.U.E.) across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 16. The development of the parcels shall be subject to the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board for redeveloped sites. 17. Street trees are required as a condition of development. Street trees shall generally be planted at the rate of one 15 -gallon street tree for each 35 lineal feet of property frontage. 18. The City Arborist supports the tree removals required to install curb, gutter, and sidewalk along Perkins Lane. Compensatory 15 -gallon trees shall be planted on-site or off-site at a 1 to 1 ratio to the satisfaction of the City. 19. All existing on-site and off-site trees shall remain and be protected until development plans are approved except those in the area of the required frontage improvements. Tree Resolution No. PC -1012-17 600 Perkins Lane, SBDV-0626-2017 Page 5 protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city -approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. Utilities Department 20. Sewer main extension shall be made along Rockview Place, and sewer laterals shall be provided for Parcel A and B from the new sewer main per the engineering design standards, and to the satisfaction of the Utilities Director. 21. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time a building permit is obtained, and shall have reasonable alignments and clearances needed for maintenance. Indemnification 22. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. Upon motion by Commissioner Bisheff, seconded by Commissioner Dandekar, and on the following roll call vote: AYES: Commissioners Malak, Osterbur, Vice -Chair Fowler, and Chair Stevenson NOES: None ABSENT: None RECUSED: None The?= f going resolution was passed and adopted this 20th day of December 2017, Doug Davids , Secretary Planning Commission