HomeMy WebLinkAbout10140 Denying anb appeal of the Planning Commission's Action, upholding approval of a subdivision creating 3 lots at 2410 Johnson, MS 78-09RESOLUTION NO. 10140 (2010 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
AN APPEAL OF THE PLANNING COMMISSION'S ACTION, UPHOLDING
APPROVAL OF A SUBDIVISION CREATING THREE LOTS ON PROPERTY
LOCATED AT 2410 JOHNSON, MS 78 -09
WHEREAS, the applicant, on August 5, 2009, submitted an application for a minor
subdivision of a one -acre parcel into three conforming parcels in the R -1 zone; and
WHEREAS, the Hearing Officer, at an administrative hearing held in the Council
Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on September 18,
2009, approved the tentative parcel map creating three lots from one lot; and
WHEREAS, Nancy Shokohi, Joseph & Barbara Boud, Maureen Eyermann, Kevin &
Julie Elder, Steven & Paula Dooley, William & Barbara Herrerras, James & Marlene Killian,
Chris & Alyssa Holland [appellants], filed a joint appeal of the Hearing Officer's action on
September 28, 2009; and
WHEREAS, the Planning Commission of the City of San Luis Obispo at a public
hearing held in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California,
on October 28, 2009, denied the appeal and upheld the Hearing Officer's decision approving the
tentative parcel map creating three lots from one lot; and
WHEREAS, Appellants filed a joint appeal of the Planning Commission's action on
November 9, 2009; and
WHEREAS, the City Council conducted a public hearing on January 5, 2010, for the
purpose of considering the appeal of the Planning Commission's action upholding the Hearing
Officer's decision to allow a subdivision creating three lots on property located at 2410 Johnson
(MS 78 -09); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the appellant, interested parties, the records of the administrative hearing, the records of the
Planning Commission hearing, and the evaluation and recommendations by staff, presented at
said hearings.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Denial of Appeal. The appeal of the Planning Commission's action
denying an appeal and upholding the Hearing Officer's decision to allow a subdivision creating
three lots on property located at 2410 Johnson is hereby denied based on the following findings:
1. The design of the tentative parcel map is consistent with the General Plan, which
designates the area for low- density residential development and promotes infill development.
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Resolution No. 10140 (201 V eries)
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2. The sites are physically suited for the type and density of development allowed in the R -1
zone because the proposed parcels meet the minimum area, width and depth standards for
lots with an average cross -slope of 16 -20 %.
3. The project is compatible with the neighborhood (LUE 2.2.10) because it intensifies
development of a one -acre parcel in an area that has residential lots averaging 7,000 to
13,000 square feet, which were created by previous subdivisions. Furthermore, proposed
Parcel One is bounded by houses on all sides that are built at the same or higher elevation
contours.
4. 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 because the sites do not have any creeks or other
potentially significant habitat areas for fish and wildlife, are surrounded by urban
development and have already been developed with :one single - family dwelling and
landscaping improvements.
5. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision since required easements will
remain in place following the subdivision and will be applicable to the newly created parcels,
and code requirements require the recordation of new easements and the relocation of
utilities wherever necessary to the satisfaction of the Community Development Director and
Public Works Department Director.
6. The tentative map is categorically exempt from environmental review (Class 15, Minor
Land Divisions, Section 15315 of the CEQA Guidelines) because: no variances or exceptions
are required; all services and access to the proposed parcels to local standards are available;
the parcel was not involved in a division of a larger parcel within the previous two years; and
the parcel does not have an average cross slope of greater than 20 %.
SECTION 2. Conditions and Code Requirements. The denial of the appeal of the
Planning Commission's decision, Application No. MS 78 -09, is subject to the following
conditions and code requirements applicable to the subdivision approval:
1. The Community Development Director has designated Parcels One, Two and Three as
"sensitive sites ". This status ensures that future infill development will respect existing site
constraints, privacy for occupants and neighbors of the project, provide for adequate parking,
and be compatible with the scale and character of the existing neighborhood. An application
for architectural review will be required for all three parcels in accordance with Municipal
Code Section 2.48.050. Development applications for Parcel One must be reviewed by the
Architectural Review Commission.
2. Applications submitted for architectural review on Parcel One shall include housing
designed not to exceed a 406 -foot elevation at the highest point of the roof, to preserve
Resolution No. 10140 (2011 Series)
Page 3
pleasant views from and towards the property (LUE 2.2.12), and remain consistent in
character with the neighborhood.
3. The building footprint shown on Parcel One shall be reduced in size so that eventual
housing development of the parcel will be setback at least 10 feet from the northeast property
line. The driveway shall not be allowed within this required 10 foot setback.
4. Future development of Parcels One & Three shall provide one (1) additional on -site
guest parking space per lot, subject to the approval of the Community Development Director.
5. Grading and site disturbance on all parcels shall be limited to that required for providing
access, utilities, and drainage improvements to these parcels until complete development
plans are submitted for review.
6. Grading associated with development of new structures shall be minimized to the
smallest practical area of land for development on each parcel.
7. Existing overhead utility lines serving the house on Parcel 2 shall be undergrounded.
Undergrounding of all wire utilities serving this subdivision shall be achieved without a net
increase in the number of utility poles unless specifically approved by the city and serving
utility companies.
8. The existing driveway approaches shall be abandoned. New curb, gutter, and sidewalk
shall be installed per City Engineering Standards.
9. The proposed northerly approach shall be installed per City Engineering Standard
#2111. The subdivision improvement plan submittal shall include a line -of -sight analysis of
pedestrians located on the public sidewalk and/or ADA sidewalk for exiting vehicles.
10. The subdivision improvement plans and map shall show and honor the existing sump
and berm area located at the northeast corner of proposed Parcel 2 that serves the upslope
lots of Tract 1272. The final map shall include an additional drainage easement if the
existing containment area and safe overflow for the storm drain system are not located within
the existing easement area. Otherwise, the applicant shall demonstrate that the existing
grading improvements are not necessary and shall propose a revised solution for the safe
overflow.
11. It is highly recommended that a common driveway be provided to serve this
development and the underdeveloped parcel to the north (2374 Johnson). The applicant shall
exhaust all opportunity to provide and develop a common driveway with 2374 Johnson for
the mutual benefit of both properties. Development costs shall not be considered as a reason
to not pursue a common driveway unless it can be shown that the common improvements
would be excessive in comparison to a driveway dedicated to serve the parcels within this
subdivision.
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12. Within the City right -of -way sewer laterals proposed to serve Parcels 1 and Parcel 2
must be no less than 16" on center.
13. A CCTV inspection of the existing sewer lateral proposed to serve Parcel 3 shall be
submitted to the Building Division during the building permit process.
Code Requirements
The following code requirements are included for information purposes only. They serve to
give the applicant a general idea of other City requirements that will apply to the project.
This is not intended to be an exhaustive list as other requirements may be identified during
the plan check process.
1. 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.
2. The Shared driveway and the fire truck turn- around shall be conspicuously posted "NO
PARKING — FIRE LANE CVC 22500 ".
3. 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 /springs, , 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 to the satisfaction of the Community
Development Director, Public Works Director and serving utility companies.
4. Final lot line locations and building setbacks shall consider building allowable area
analysis, exterior wall protection, projections, and the location of building service equipment
in accordance with the uniform codes and to the satisfaction of the Building Division and
Planning Division. Any necessary analysis and/or exhibits shall be submitted for review and
shall be approved prior to recordation of the map.
5. Any building permits issued for work required to satisfy the conditions of the subdivision
shall receive final inspection approvals or shall have substantially completed all work to the
satisfaction of the Building Official prior to recordation of the map.
6. A separate building permit shall be obtained for the upgrade, alteration, and/or relocation
of any on -site utilities or structures. Any required improvements shall have all work
completed and final inspections approved to the satisfaction of the Building Official prior to
recordation of the map.
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Resolution No. 10140 (2010 series)
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7. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable. A private waterline
easement shall be provided for the water services crossing Parcel 3 to serve Parcels 1 and 2.
Public Right -of -Way
8. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach
shall be repaired or replaced to the satisfaction of the Public Works Director prior to
recordation of the map.
9. Additional public right -of -way or public pedestrian easements may be necessary to
accommodate improvements required for Americans with Disabilities Act (ADA)
compliance, to the satisfaction of the Public Works Director.
Site, Water, Sewer & Utilities
10. The proposed driveway shall be shown to comply with the Parking and Driveway
Standards for sloping driveways.
11. The improvement plans shall show the location of the proposed parking spaces to serve
the existing developed Parcel 2 in accordance with the zoning regulations and the Parking
and Driveway Standards.
12. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each parcel to the satisfaction of the Public Works Director and serving utility
companies. A private sewer main may be proposed to the satisfaction of the Building
Official, Utilities Engineer, and Public Works Director.
13. If proposed, an on -site sewer main will
Homeowner's/Property Owner's Association
comparable maintenance agreement.
be privately owned and maintained by the
and shall be covered in the CC &R's or
14. The existing water service shown to serve the proposed Parcel 3 shall be shown to
comply with current city standards and be capable of providing adequate fire service to a new
residence. Otherwise, the service shall be abandoned at the public main in favor of a new
meter manifold designed to serve all three parcels.
Grading & Drainage
15. The preliminary soils report prepared by Geosolutions, Inc with Report No SLO6905 -1,
dated May 19, 2009 shall be referenced on the final map in accordance with the city's
Subdivision Regulations.
16. All elevations must be based on a City Bench Mark and noted per City datum elevations.
The plans shall note the benchmark number, location and elevation. Include a clear
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description of the benchmark referenced on the plans. Clarify whether the NGVD 29 or
NAVD 88 datum is being used.
17. The subdivision improvements and/or building plans shall include provisions to minimize
the amount of any collected groundwater seepage that would be directed to the gutter at the
public street in accordance with City Engineering Standard 1010.B.
18. Development of the proposed parcels shall comply with the erosion control provisions of
the Waterway Management Plan Drainage Design Manual.
19. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements/blanket
easements, and drainage facilities shall be provided, to the satisfaction of the Public Works
Director and Building Official.
20. The subdivision improvement plans shall clarify where the existing drainage facilities are
located and where they are discharged.
Trees and Landscape Requirements
21. Street trees are required as a condition of subdivision. Street trees shall generally be
planted at the rate of one 15- gallon street tree for each 35 lineal feet of property frontage.
22. The subdivision improvement plans shall correctly show the size and location of all
existing trees. Tree species, diameter, and accurate canopy depictions shall be shown and
noted for reference.
23. Tree 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..
24. The subdivision improvement plans shall provide clarification on the existing and
proposed landscape and landscape irrigation improvements on the proposed undeveloped
Parcel 3. Landscape irrigation shall be provided to the existing landscape if deemed
necessary by the Planning Division. The landscape irrigation shall be separate from the
remaining parcels. A new landscape irrigation meter may be required for this purpose.
Water Impact fees will be required for any additional water meters.
Flag lot Subdivision
25. The final map shall include any required easements required for the reasonable
development of the affected properties. Easements may include but are not limited to
grading, drainage, water, sewer, storm drainage, access, vehicle turn- around, and utilities.
Resolution No. 10140 (201 (FS eries)
Page 7
Any maintenance agreements shall be completed and recorded before or concurrent with
final map approval.
26. The proposed access easement for Parcel 1, 2, and 3 shall comply with the City's parking
and driveway standards for slopes and maneuverability. These standards require adequate
area to allow vehicles to exit from all legal parking spaces and garages in a forward direction
in not more than two maneuvers.
Miscellaneous Requirements
27. The subdivision improvements shall be completed to the satisfaction of the Community
Development Director and City Engineer prior to final inspection approvals and/or
recordation of the map. A completion guarantee shall be provided per city standards if the
map is approved for recordation prior to completion of all required subdivision
improvements.
28. The required public and private subdivision improvements may be completed with a
separate subdivision/public improvement plan submittal processed through the Public Works
Department. As an alternate, the building plan submittal may be used to show all required
improvements. Improvements located within the public right -of -way will require a separate
encroachment permit and associated inspection fees.
29. A separate plan review fee payable to the Public Works Department may be required for
the Public Works Department review of subdivision improvements associated with the
building plan submittal. Said review fee shall be in accordance with the subdivision
improvement plan review fee resolution in effect at the time of the building permit
application submittal.
30. Subdivision improvement plans shall be submitted to the city for review and approval.
The plans shall be approved prior to map recordation. Public improvements shall comply
with the City Engineering Standards and Standard Specifications in effect at the time of
submittal of the improvement plans. The current standards are dated January 2009.
Mapping and Miscellaneous Requirements
31. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network. At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A computer disk,
containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF)
for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer.
32. The parcel map preparation and monumentation shall be in accordance with the city's
Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel
map shall use English Units in accordance with the current City Engineering Standards. All
Resolution No. 10140 (20T Series)
Page 8
record data shall be entered on the map in the record units, metric translations should be in
parenthesis if applicable.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 51h day of January 2010.
Mayor David F. Romero
ATTEST:
/ /
City Clerk