HomeMy WebLinkAbout05/19/1992, 3 - TRACT 2100: SUBDIVISION TO DIVIDE A 1.47-ACRE SITE INTO EIGHT TO TEN RESIDENTIAL LOTS, ON POINSETTIA STREET, NORTH OF TANK FARM ROAD. I��IIII�p�IIlNlll1IIIIII�IIVIII (� San r MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold Jonas, Community Development Director
BY: Judith Lautner, Associate Planner
SUBJECT: Tract 2100: Subdivision to divide a 1.47-acre site into
eight to ten residential lots, on Poinsettia Street, north
of Tank Farm Road.
CAO RECOMMENDATION
Adopt a resolution approving the tentative map, with findings and
conditions.
DISCUSSION
Situation
The Planning Commission recommended approval of this request, on April
15, 1992, with correction of an error in condition 3 and the addition of
condition 13 . See the attached Planning Commission report for
discussion.
Data summary
Address: 3935 Poinsettia Street
Applicant: . Marigold partners
Representative: RRM Design Group (Daniel P. Haller)
Property owner: Melvin C. Jones
Zoning: R-1-SP
General plan: Low-density residential
Environmental status: Exempt: Residential projects proposed in
conformity with an adopted specific plan (CEQA
Section 15182 (a) )
Project action deadline: July 23 , 1992.
ALTERNATIVES
The Council may approve the request, as recommended by the Planning
Commission or with modifications to the findings or conditions.
The Council may deny the request, if it finds that it is inconsistent
with any City goals or policies.
The Council may continue action, with direction to staff and the
applicant.
Attached:
lanning Commission report - April 15, 1992
Resolutions
Vicinity map
Site plan
Excerpt from Edna-Islay Specific Plan: Secondary planning area
In Packet: Tract map '
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2100
LOCATED AT. 3935 POINSETTIA STREET
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the tentative map of Tract 2100 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and the proposed
improvements, as conditioned, are consistent with the
general plan and specific plan for the Edna-Islay area.
2 . The site is physically suited for the type and density of
development allowed in an R-1-PD-SP zone.
3 . The design of the subdivision 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 the property within) the proposed subdivision.
5 . An environmental impact report was adopted by the City
Council for the Edna-Islay Specific Plan. In accordance
with State law, the Community Development Director has
determined that no further environmental study is necessary.
SECTION 2 . Conditions. The approval of the tentative map
for Tract 2.100 be subject to the following conditions:
1. Development of the subdivision must be in accordance with
the Edna-Islay Specific Plan.
2 . When construction of the subdivision is complete, Poinsettia
Street improvements must be in a "like new" condition, or
shall be repaired or replaced to the satisfaction of the
City Engineer. Because of the new improvements, and water,
sewer, and utility services to be installed with this
subdivision, a one inch blanket pavement may be required to
the satisfaction of the City Engineer.
3-�
Resolution No. (1992 Series)
Tract 2100
Page 2
3 . The offer of dedication of portions of Bougainvillea and
Columbine will remain valid until such time as the street
dedications are accepted or alternative access is provided
for the adjacent county area, to the satisfaction of the
Community Development Director and Public Works Director.
4 . The subdivider shall provide for dedication of a public
sewer main easement through lot 9 or lot 10 , to the
satisfaction of the City Engineer .and Utilities Engineer, to
allow for a possible future sewer main connection from
Industrial Way to Poinsettia Street.
5. Vehicular access rights along the Industrial Way frontage
must be dedicated to the City.
6 . All boundary monuments, lot corners and centerline
intersections, and other survey points, must be tied to the
City' s control network. At least two control points shall
be used and a tabulation of the coordinates shall be
submitted with the final map. A 5-1/411-diameter computer
floppy disk, containing the appropriate data for use in
autocad for Geographic Information System (GIS). purposes, is
also required to be submitted to the City Engineer.
7 . Lots shall be designed to drain to Poinsettia Street, unless
other arrangements are made with adjacent properties,
acceptable to the City Engineer. Consideration for added
detention basin flows should be addressed or other
provisions must be made in accordance with the Edna-Islay
Specific Plan.
8 . The masonry wall along Industrial Way shall be extended to
the tract boundary.
9. The subdivider shall inform future lot buyers of the
possibility of building permit delay based on the city' s
water shortage. Such notification shall be made a part of
the recorded documentation for each lot.
10. The subdivider shall consult with the existing homeowners
association, encompassing the adjacent residential property,
and ask to amend the existing covenants, conditions, and
restrictions (CC&R' s) in force for the adjacent residential
development, by attaching this subdivision to the other
subdivisions governed by the homeowners ' association created
by these CC&R' s. If approved, these amended CC&R' s shall be
approved by the Community Development Director and
administered by the homeowners ' association. If the request
3-.3
Resolution No. (1992 Series)
Tract 2100
Page 3
is rejected by the Homeowner' s Association, proof of such
rejection must be provided to the Community Development
Director.
11. The subdivider shall pay any applicable storm drainage fees
adopted by the City council, which are anticipated to be
adopted on or about July, 1992 .
12 . If the offer to dedicate the extension of Bougainvillea
Street is not accepted by the City, and the extension
thereby abandoned, then a common driveway agreement shall be
submitted to the Community Development Director for review,
approval, and recordation, allowing use of the accessway to
lot 10 (alternative design) to be shared by the residents of
lots 8 and 9 .
13 . The subdivider shall install a 6 foot high fence along the
easterly property line of lot 7 to assure a degree of
privacy to adjoining property owners.
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 1992 .
Mayor
ATTEST:
City Clerk
3�f
Resolution No. (1992 Series)
Tract 2100
Page 4
APPROVED:
City Administrative Officer
t tt rney
oXdC�\
Community De el pment Director
3-S
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF THE TENTATIVE MAP FOR TRACT 2100,
ON THE SOUTHWEST SIDE OF POINSETTIA STREET, ABOVE TANK FARM ROAD
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 Tract
2100, the Planning Commission's recommendation, staff
recommendations and reports thereon, makes the following findings:
1. The design of the tentative map and the proposed
improvements are not consistent with the general plan, or with the
Edna-Islay Specific Plan.
SECTION 2 . The tentative map for Tract 2100 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 , 1992 .
Resolution no. (1991 Series)
Tract 1358
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
City A inistrative Officer
i t me
v�
Community Deve op ent Director
3 -7
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CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM #01
BY: Judith Lautnerssociate Planner MEETING DATE: April 15, 1992
FILE NUMBER: Ti t 2100
PROJECT ADDRESS: 3935 Poinsettia Street
SUBJECT: Review of a subdivision to divide a 1.47-acre site into eight to ten residential lots,
on Poinsettia Street, north of Tank Farm Road.
SUMMARY RECOMMENDATION
Recommend approval of the subdivision to the City Council.
BACKGROUND
Situation
The applicants want to subdivide a 1.47-acre parcel into eight residential parcels. The site is in
the Edna-Islay Specific Plan area, and the subdivision is consistent with the specific plan.
Data summary
Address: 3935 Poinsettia Street
Applicant: Marigold partners
Representative: RRM Design Group (Daniel P. Haller)
Property owner. , Melvin C. Jones
Zoning: R-1-SP
General plan: Low-density residential
Environmental status: Exempt: Residential projects proposed in conformity with an adopted
specific plan (CEQA Section 15182(a))
Project action deadline: July 23, 1992.
Site description
The site is rectangular, and 1.47 acres. It lies on the northwestern edge of the "primary planning
area" of the specific plan. It is adjacent on the east to low-density lots developed with individual
homes, in accordance with the specific plan guidelines. The site is bounded by Industrial Way
on the north, which is the southern boundary of an industrial subdivision, by the city limits on the
west, and by an existing detention basin on the south. The county land immediately west of the
site, bounded by Industrial Way, Broad Street,and Tank Farm Road, is part of the "secondary
planning area" of the specific plan.
A row of shrubs lines the property's easterly edge. These shrubs are proposed to be removed.
There is no other significant vegetation on the site.
Project description
The project is the division of a 1.47-acre narrow rectangular site into eight residential lots, each
a minimum of 6,000-square-feet in area. The lots have frontage on the northwesterly portion of
Poinsettia Street, above Tank Farm Road, except for the two northernmost lots, which have access
from a continuation of Bougainvillea Street. The lots are further described in the tentative tract
map submitted for the project, which is incorporated into this report by reference.
3,/ 1
Tract 2100: 3935 Poinsettia Si
Page 2
An alternative lot design is offered on the map, to be used in case the extensions of Bougainvillea
and Columbine are not needed in the future.
Previous review
A different applicant requested approval of a similar subdivision in 1990. That proposal differed
from the present request primarily in that no street extensions into the adjacent county area were
proposed as part of the subdivision. Two street extensions are required, to serve a residentially-
designated portion of the adjacent site,by the Edna-Islay Specific Plan, which governs development
in this area. The Planning Commission recommended approval of the previous request, with a '
recommendation that the Council discuss land use alternatives for the adjacent county site in their
discussions of the land use element update. The Council denied that subdivision request, finding
it inconsistent with the specific plan.
The present proposal was on the Commission's March 11 and March 25 agendas, but was
continued with no discussion at the applicants' request. This is the first time this application has
been discussed by the Commission.
EVALUATION
1. The alternative design. The primary map is straightforward and consistent with the specific
plan. The specific plan calls for extensions of Bougainvillea Street and Columbine Court,
to serve future residential development on the adjacent county area. However, the specific
plan says that these street extensions are to be dedicated, but not improved, at the time of
subdivision of the property. This strategy allows the streets to be extended if the county
land is developed in accordance with the specific plan, but allows them to be abandoned
if they are ultimately determined to be unnecessary. At present, the City Council is
considering the Broad Street Annexation, which, if approved, will determine the city zoning
of the adjacent property. Different land use designations have been proposed for that site.
Therefore, it is possible that a decision will be made in 1992 whether or not the adjacent
land will be zoned residential, and whether these two street extensions will be necessary.
Since there is a possibility that one or both of the street extensions will not be needed, the
Commission should look closely at the alternative design.
If the extension of Columbine Street is abandoned, a lot can easily be created in its place
(lot 4 on the alternative design). Staff supports this alternative configuration.
If the extension of Bougainvillea is abandoned, however, the two northernmost lots (lots 7
and 8 on the map, 9 and 10 on the alternative design) will need alternative access. The
alternative design shows a 20'-wide accessway to lot 10,which would be shared by lots 8 and
9. Frontage of all three lots on Poinsettia Street, lot widths, depths, and areas meet the
minimum requirement of the subdivision regulations. The design of the access drive is
unusual, but appears to be acceptable as a preliminary design. Some minor modifications
may need to be made at the final map stage.
The alternative design also includes a pedestrian path between lots 3 and 4, to allow access
to the secondary planning area for pedestrians only. Staff feels such a pathway could be
beneficial for pedestrians wanting access to (or from) either residential or commercial
development of the adjacent county area. The easement is called out as a "13' wide public
access easement", but appears from the dimensions available to be actually eighteen feet
Tract 2100: 3935 Poinsettia St
Page 3
wide. This may be a drafting error. In staffs view, an eighteen-foot-wide easement would
be preferable, but thirteen feet is acceptable.
Staff notes that the alternative design is not a required element of the map, but should be
helpful in case the street extension requirement is eliminated by the City prior to filing of
the final map.
2. Privacy for a neighbor. The neighbor who lives on the northerly corner of Bougainvillea
and Poinsettia(lot 35) is concerned about loss of privacy when this subdivision is developed.
His lot is part of a "zero-lot-line" design, which means that the easterly wall of his house
has no windows in it, and the owner of lot 36 has an easement over his easterly sideyard.
His concern is that his house looks out over the proposed lot 7 (9 on the alternative map),
and a house built on that lot could be designed so that he will not have the privacy his
neighbors enjoy and that he has become accustomed to.
If lot 7 were developed in a manner similar to the existing homes nearby, which was
anticipated at the time that lot was being developed, then this fear could be alleviated. For
example, an easement along the easterly six feet of lot 7 could be granted for the use of the
residents of lot 35, and there could be a condition on the map, requiring that any house
built on lot 9 contain no windows on its easterly side.
While staff is sympathetic to the concerns of the adjacent homeowner, and we understand
that his current situation results in an effectively narrower lot than his neighbors, we are
reluctant to recommend a condition requiring an easement on lot 7, which is a 50'-wide lot,
unless a similar easement is placed on lot 8. Such a requirement, however, would simply
shift the narrow-lot situation to lot'8. If the Commission shares the neighbor's concern, it
may be more appropriate to require that 6'-high fencing be installed along the easterly
property line of lot 7, to assure a degree of privacy similar to that of his neighbors, or to
require that any house on lot 7 have no windows (except bathroom windows) on its easterly
side.
3. Grading. Since the lots naturally drain to the rear, the subdivider either needs to obtain
a drainage easement allowing this situation to continue, or grade the lots to drain to the
street. The subdivider has chosen to build up the lots so that they drain to the street. This
solution is easy to implement and does not require significant grading.
4. Other issues.
a) The existing wall along Industrial Way should be extended to the edge of the tract
(along the rear of lots 9 and 10). The subdivider has agreed to do this, and the wall is
indicated on the map.
b) The Engineering Division has asked for a sewer easement along the side of lot 7, in
case a public sewer line is needed to serve future development on Industrial Way. At this
time, it is not known if the easement will be necessary to adequately serve future
development in that area (if annexed), but it appears to wise to obtain an easement in case
it is (see attached comments from Public Works). The subdivider has offered such an
easement.
Tract 2100: 3935 Poinsettia Strf
Page 4
ALTERNATIVES
• The Commission may recommend denial of the map, if it finds it inconsistent with the
Edna-Islay Specific Plan or other City plans or policies. This recommendation will be
forwarded to the City Council, which may act to approve or deny the map.
• The Commission may recommend approval of the map, with findings and conditions. This
recommendation will be forwarded to the City Council, which may approve or deny the
map.
• The Commission may continue discussion, with direction to staff or the applicant.
RECOMMENDATION
Recommend approval of the tentative map to the City Council, with the following findings and
conditions attached to that approval:
Findings:
1. The design of the tentative map and the proposed improvements, as conditioned, are consistent
with the general plan and specific plan for the Edna-Islay area.
2. The site is physically suited for the type and density of development allowed in an R-1-PD-
SP zone.
3. The design of the subdivision 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 the property within) the proposed subdivision.
S. An environmental impact report was adopted by the City Council for the Edna-Islay Specific
Plan. In accordance with State law, the Community Development Director has determined that
no further environmental study is necessary.
Conditions:
1. Development of the subdivision must be in accordance with the Edna-Islay Specific Plan.
2. When construction of the subdivision is complete, Poinsettia Street improvements must be
in a "like new" condition, or shall be repaired or replaced to the satisfaction of the City
Engineer. Because of the new improvements, and water, sewer, and utility services to be
installed with this subdivision, a one inch blanket pavement may be required to the
satisfaction of the City Engineer.
3. The offer of dedication of portions of Bougainvillea and Columbine will remain valid until
such time as the street dedications are accepted or alternative access is provided for the
adjacent county area, to the satisfaction of the Community Development Director and
Public Works Director. The developer must dedicate vehicular access rights to the city,
along the City-county boundary and Orcutt Road, to the satisfaction of the City Engineer.
3-14
Tract 2100: 3935 Poinsettia S I
Page 5
4. The subdivider shall provide for dedication of a public sewer main easement through lot
9 or lot 10, to the satisfaction of the City Engineer and Utilities Engineer, to allow for a
possible future sewer main connection from Industrial Way to Poinsettia Street.
5. Vehicular access rights along the Industrial Way frontage must be dedicated to the City.
6. All boundary monuments, lot comers and centerline intersections, and other survey points,
must be tied to the City's control network. At least two control points shall be used and
a tabulation of the coordinates shall be submitted with the final map. . A 5-1/4"-diameter
computer floppy disk, containing the appropriate data for use in autocad for Geographic
Information System (GIS) purposes, is also required to be submitted to the City Engineer.
7. Lots shall be designed to drain to Poinsettia Street, unless other arrangements are made
with adjacent properties, acceptable to the City Engineer. Consideration for added
detention basin flows should be addressed or other provisions must be made in accordance
with the Edna-Islay Specific Plan.
8. The masonry wall along Industrial Way shall be extended to the tract boundary.
9. The subdivider shall inform future lot buyers of the possibility of building permit delay
based on the city's water shortage. Such notification shall be made a part of the recorded
documentation for each lot.
10. The subdivider shall consult with the existing homeowners association, encompassing the
adjacent residential property, and ask to amend the existing covenants, conditions, and
restrictions (CC&R's) in force for the adjacent residential development, by attaching this
subdivision to the other subdivisions governed by the homeowners' association created by
these CC&R's. If approved, these amended CC&R's shall be approved by the Community
Development Director and administered by the homeowners' association. If the request is
rejected, proof of such rejection must be provided to the Community Development
Department.
11. The subdivider shall pay any applicable storm drainage fees adopted by the City council,
which are anticipated to be adopted on or about July, 1992.
12. If the offer to dedicate the extension of Bougainvillea Street is not accepted by the City,
and the extension thereby abandoned, then a common driveway agreement shall be
submitted to the Community Development Director for review, approval, and recordation,
allowing use of the accessway to lot 10 (alternative design) to be shared by the residents
of lots 8 and 9.
Relevant code requirements:
1. All lots must be served by individual water, sewer, and utilities.
2. All lots fronting on Poinsettia Street shall have a 10'-wide street tree easement across the
Poinsettia Street frontage.
3. Water and sewer impact fees shall be paid at the time of issuance of building permits.
3-15
Tract 2100: 3935 Poinsettia Str
Page 6
4. Proposed traffic impact fees in effect shall be paid as building permit conditions.
5. Grading plans must note that if grading or other operations unearth archeological resources,
construction activities shall cease. The Community Development Director shall be notified
of the extent and location of discovered materials so that they may be recorded by a
qualified archeologist, the cost of which shall be paid by the developer. Disposition of
artifacts shall comply with state and federal laws.
Attached:
vicinity map
excerpt from specific plan_ secondary planning area (figure 27)
comments from other departments
-I(o