HomeMy WebLinkAbout06/16/1992, 6 - MS 72-92 (SLO COUNTY 92-039): MINOR SUBDIVISION TO DIVIDE ONE 8.17-ACRE PARCEL INTO TWO PARCELS, WITH EXCEPTIONS TO LOT SIZE, SUBDIVISION DESIGN, AND FRONTAGE, ON THE EAST SIDE OF SOUTH HIGUERA STREET, BETWEEN GRANADA DRIVE AND TANK FARM R MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:
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FROM: Arnold Jonas, Community Development Director
BY: Judith Lautner Associate Planner
SUBJECT: MS 72-92 (SLO County 92-039) : Minor subdivision to divide
one 8. 17-acre parcel into two parcels, with exceptions to
lot size, subdivision design, and frontage, on the east side
of South Higuera Street, between Granada Drive and Tank Farm
Road.
CAO RECOMMENDATION
Continue with direction to the applicant to revise the map to create a
condominium subdivision.
DISCUSSION
Situation
The applicants want to divide a large lot into two lots. The present lot
contains a sportswear and equipment manufacturing operation, in two
buildings. The applicants want to be prepared for possible economic
downturns by being able to sell off part of the property. Having a
separate lot also allows for greater financing possibilities.
Minor subdivisions are normally acted upon by the Hearing Officer at a
Director's Subdivision Hearing. However, the subdivision regulations
require Council approval of any exceptions. Thus, this request has not
been reviewed by any other body, and the Council will be the first to
consider it.
Data summary
Address: 3765 S. Higuera Street
Applicants/property owners: Gregory and Jane Hind
Representative: Tierra Engineering (Jerry Michael)
Zoning: C-S-SP
General plan: Service commercial/light industrial
Specific plan: Higuera Commerce Park
Environmental status: Negative declaration, with mitigation, granted by
the Community Development Director on May 18, 1992
Project action deadline: November 14, 1992
site description
The site is a large, trapezoidal-shaped lot in Higuera Commerce Park,
that contains a clothing and sports equipment manufacturing business.
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Rim"!iis COUNCIL AGENDA REPORT
MS 72-92
3765 S. Higuera Street
Page 2
Proiect description
The request is to divide the 8. 17-acre lot into two parcels, one 4.56
acres and the other 3 . 61 acres. Each new lot would contain one existing
building.
EVALUATION
1. The exceptions requested. The applicants want exceptions to the
subdivision regulations and to the Higuera Commerce Park Specific
Plan. These exceptions are:
Subdivision regulations exception:
The subdivision regulations say that all parcels must have frontage
on a public street, and the the width of that frontage in this zone
is required to be 401 .
The proposed lot 2 has frontage on a common driveway, not a public
street. "Hind Lane", however, has been dedicated to the City (but not
yet accepted) . If accepted, as it is expected to be eventually, then
the subdivision would meet the frontage requirement. Staff does not
view this as a significant concern.
Specific plan exceptions:
Lot Area (Specific property development, performance, and design
standards, no. 2, page 6)
. . .Each lot in the southern 30-acre special industrial sub-area
shall be at least four acres. The arrangement of lots shall be as
shown on the Specific Land Use Map. . . .
Minimum Lot Frontage and Width (Specific prop. dev., no. 3, p. 6)
. . .The minimum lot frontage and width in the southern 30-acre
special industrial sub-area shall be 300 feet.
Lot no. 1 would contain 4 . 56 acres and Lot no. 2 would contain 3.61
acres. This is inconsistent with the 4-acre standard, as well as with
recent Council direction that all lots in the southerly 30 acres are
to contain at least four acres.
Lot 2 frontage on a public street is 01 , rather than 3001 . If "Hind
Lane" is accepted, frontage would be about 1301 , if the final road
design is as currently presented. If the road is accepted, however,
the areas of the lots will decrease accordingly, further eroding the
4-acre minimum standard.
i�INi11IIVIIIIIIII�IIll�l111l IIVIII City of San Gs OBISpo
COUNCIL AGENDA REPORT
MS 72-92
3765 S. Higuera Street
Page 3
(The specific plan calls for common driveways, not dedicated streets.
When Hind Performance was developed, the City determined that
dedicated streets would be preferable. This change was considered
consistent with the ultimate development of the area. )
Finally, the lot design is not consistent with the map in the specific
plan. The design shows five lots in a specific configuration that
allows each frontage on a public street, even though access to those
streets is limited. Five lots have been carved out of the 30 acres,
and the shapes and sizes have varied, but the basic specific plan
design has remained. This request would change the design and create
a sixth lot.
The specific plan allows for exceptions to be granted to specific plan
standards, in accordance with procedures established for similar
exceptions elsewhere.
The findings required to grant exceptions to subdivision standards are
discussed below, under "consistency with the specific plan" .
2 . Consistency with the specific plan. The primary issue in this request
is its consistency with the Higuera Commerce Park Specific Plan. The
exception process is appropriate in this case only if the Council
determines that the request is consistent.
In making a determination, the Council should consider the intent of
the plan, and if that intent is being met by this request. The
specific plan intent for the land use of the southern 30 acres is
spelled out below:
SpecialIndustrial District ("Land use", page 5)
The southern 30 acres of the specific plan area are designated
"special industrial . 11 This sub-area is intended to acommodate
primarily clean, light industries -- such as research and
development, laboratories, precision manufacturing -- which require
substantial space as well as city services, and which will draw most
of their employees from the local labor market.
Allowed uses: Laboratories and other technical facilities for
research, testing and processing; electronic, optical,
pharmaceutical and other precision products, parts, instruments or
equipment, or simlar manufacturing; public utility, construction
engineering, soils testing and similar design, engineering, and
testing facilities; printing and publishing firms, accessory
offices, machine shops, cafeterias, recreation rooms and similar
incidental uses or support facilities serving the employees of
allowed uses; agricultural uses including cultivation of field,
vine or tree crops, pasture or grazing, and other outdoor
agricultural activities. �-�
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Mij% COUNCIL AGENDA REPORT
MS 72-92
3765 S. Higuera Street
Page 4
Conditional uses: Any other large-scale, light-industrial use
allowed or conditionally allowed in the M zone, operated
predominantly within a building and having physical appearance and
functional characteristics similar to the above allowed uses;
greenhouses, storage, packing or processing of agricultural products
produced on-site, located inside buildings.
It appears that the lot split would not preclude any of the uses
listed above from occurring. However, the lack of frontage on a
public street may prevent adequate indentification for some businesses
(signage) . Proposed lot two would contain a warehouse-type building,
currently being used by Hind Performance. There is potential for
additional building on that proposed lot. Given the existing
arrangement, parking can best be provided by a shared parking
agreement, allowing both uses to share all or some of the available
parking.
It is difficult to argue that a lot area of less than four acres
clearly does not meet the intent of the plan, especially since
condominium lots of any size are allowed. Access to the lot will be
adequate, and many of the uses listed above do not require signage or
regular access by the public. However, if the Council approves a
3 . 61-acre lot, then it is possible that another owner of property in
the southern 30 acres will want a 3 . 5-acre or 3 .45-acre lot. It may
become difficult to differentiate between 3 . 61 and 3 . 5, for example.
The specific plan drew the line at four acres, admittedly an arbitrary
number, but a guideline the Council has followed up to now.
3 . To grant an exception. The Council must make all of the following
findings to grant any exceptions to subdivision (and by extension,
specific plan) standards:
1. The property to be divided is of such size or shape, or is
affected by such topographic conditions, that is impossible,
impractical or undesirable, in the particular case, to conform
to the strict application of the regulations condified in this
title.
2 . The cost to the subdivider of strict or literal compliance with
the regulations is not the sole reason for granting the
modification.
3 . The modification will not be detrimental to the public health,
safety, and welfare, or be injurious to other properties in the
vicinity.
4 . Granting the modification is in accord with the intent and
purposes of these regulations, and is consistent with the general
i�iN�11�IIIluIIIIIII�IIIII�IU city of san u.Ais oBispo
COUNCIL AGENDA REPORT
MS 72-92
3765 S. Higuera Street
Page 5
plan and all applicable specific plans or other plans of the
city.
Staff suggests that if the Council is interested in accommodating the
applicant's request, that findings be made and conditions be placed
on the subdivision that will prevent others from considering this
action a precedent (See also the initial study, which includes a
related mitigation measure) . While it is difficult to make finding
no. 1, above, staff has identified the following for the Council's
consideration:
Findings:
1. The total area of the two lots is greater than the minimum area
required by the Higuera Commerce Park for two lots in the
"special industrial sub-area" .
2. Because of the shape of the site and the buildings on the site,
it is difficult or impossible to design two four-acre-minimum
lots without creating irregular lot designs that will be awkward
to develop further.
..eo 3 . The intent of the Higuera Commerce Park Specific Plan will be met
with the design of this subdivision.
4 . Because of the unique situation created by the existing buildings
on this site, approval of an exception to lot area in this case
will not create a precedent for future lot divisions in the
southerly 30 acres of Higuera Commerce Park.
4 . Design alternatives. There are several ways to accomplish at least
a part of what the applicant wants to do, which is to share interest
in the property in the future.
a. Create 4-acre parcels. The areas of the proposed lots can be
adjusted. The total area is 8. 17 acres. The most logical
adjustment, given existing buildings, would be to create an "L"-
shaped lot, with a northerly leg extending to South Higuera
Street. By this means, each lot can contain at least four acres.
Frontage requirements would still not be met, nor would there be
consistency with the specific plan lot design.
b. Create condominium parcels. The specific plan allows creation
of condominium parcels of any size,
Where the total area to be developed and subdivided for
condominiums conforms to the minimum lot area standard; and
Where it will meet all other property development standards
(based on anticipated tenant composition) . (HCPSP p. 6) 101.
MS 72-92
3765 S. Higuera Street
Page 6
A condominium subdivision into two lots would be able to meet all
property development standards, and the total area to be
developed would be 8. 17 acres.
C. Lease instead of sell. The applicant can lease a portion of the
property, and either allow the lessor to build, or build himself,
any additional buildings.
The condominium option appears preferable, since it doesn't call to
question any of the standards of the specific plan, yet can create
exactly the lots the applicant wants. The applicant's preference is
a standard subdivision, apparently because he doesn't want the
additional encumbrances that may be created by a condominium
subdivision.
ALTERNATIVES
The Council may approve the request, as submitted or with modifications
to the suggested 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•
Resolutions
vicinity map
Site plan
Environmental initial study
In packet: Subdivision map
�-b
RESOLUTION NO. .(1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR MINOR SUBDIVISION SLO92-039,
CREATING TWO LARGE LOTS FROM ONE,
ON SOUTH HIGUERA STREET, BETWEEN GRANADA DRIVE AND TANK FARM ROAD.
(MS 72-92)
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 MS 72-
92 (SLO-92-039) , staff recommendations and reports thereon, makes
the following findings:
1. The design of the tentative map is consistent with the
general plan and the Higuera Commerce Park Specific Plan.
2: . The site is physically suited for the type and density of
development allowed. in the M-SP zone.
3. The design of the tentative map is 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 will not conflict with
easements for access through, or use of property within,
the proposed subdivision.
5. An environmental impact report for the Higuera Commerce
Park Specific Plan was adopted by the council in 1979, and
the Community Development Director granted a Negative
Declaration, with mitigation, to the subdivision request
on May 18, 1992, finding that no significant harm to the
environment was likely to come from this request.
6. The successful implementation of land use, circ4lation and
services and utilities planning concepts and standards of
the Higuera Commerce Park Specific Plan will in no way be
jeopardized by the proposed parcel sizes, location, or
configuration.
7. The property to be divided is of such size or shape
(COUNCIL SPECIFY PARTICULAR SITUATION) that it is
impossible, impractical or undesirable, in the particular
case, to conform to the strict application of the
4o-7
Resolution No. (1992 Series)
MS 72-92
Page 2
Regulations or the Higuera Commerce Park Specific Plan.
S. The cost to the subdivider of strict or literal compliance
with the regulations is not the sole reason for granting
the exceptions to lot size, frontage, and design.
9. The exceptions to lot size, frontage, and design will not
be detrimental to the public health, safety, and welfare,
or be injurious to other properties in the vicinity.
10. Granting the exceptions to lot size, frontage, and design
is in accord with the intent and purposes of these
regulations, and is consistent with the general plan and
the Higuera Commerce Park Specific Plan and other plans of
the city.
11. The total area of the two lots is greater than the minimum
area required by the Higuera Commerce Park for two lots in
the "special industrial sub-area".
12. Because of the shape of the site and the buildings on the
site, it is difficult or impossible to design two four-
acre-minimum lots without creating irregular lot designs
that will be awkward to develop further.
.13 . Because of the unique situation described in no. 12, above,
approval of an exception to lot area in this case will not
create a precedent for future lot divisions in the
southerly 30 acres of Higuera Commerce Park.
SECTION 2. The tentative map for Minor Subdivision 72-92
(SLO-92-039) is approved subject to the following conditions:
1. Any future development of either parcel shall be consistent
with the Higuera Commerce Park Specific Plan.
2. The applicant must submit a parking and driveway agreement
to the Community Development Director for review, approval,
and recordation, that specifies the responsibilities and
rights of each property owner in the use .and maintenance
of the parking lots and driveways.
G-�
Resolution No. (1992 Series)
MS 72-92
Page 3
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
APPROVED:
City Administrative Officer
ty o ey
Communit evelopment rector
G- 9 .
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF THE TENTATIVE MAP FOR MINOR. SUBDIVISION 72-92
(SLO92-39) ON THE EAST SIDE OF SOUTH HIGUERA STREET,
BETWEEN GRANADA DRIVE AND TANK FARM ROAD
(MS 72-92)
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 MS 7.2-
92 (also known as SLO 92-039) , 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
Higuera Commerce Park Specific Plan.
SECTION 2. The tentative map for Minor Subdivision 72-92
is hereby denied.
On motion of ,
A.
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. (1992 Series)
MS 72-92
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
C' to e
Community Deve Vment, Director
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city of San lues OBIspo
1uh4il,u. INITIAL STUDY OF ENVIRONMENTAL IMPACT
3765 S. Higuera St. APPLICATION NO. 72-92
SITE LOCATION
PROJECT DESCRIPTION Division of One large 8. 17-acre lot into two: one 4.56
acres and one 3.61 acres, on the easterly side of South Higuera Street,
south of Granada Drive.
APPLICANT Gregory and Jane Hind
STAFF RECOMMENDATION:
X NEGATIVE DECLARATION —YMITIGATION INCLUDED
EXPANDED INITIAL STUDY REQUIRED ENVIRO �TALMPACT REPORT REQUIRED
Judith LButner, ASsoci PlannerDATE May 18, 1992
PREPARED BY 5l►s N=
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION:
DATE
nim
SUMMARY OF INITIAL STUDY FINDINGS
I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
POSSIBLE ADVERSE EFFECTS
II.POTENTIAL IMPACT REVIEW YES*
A. COMMUNITY PLANS AND GOALS ...........................................••••''.. NONE
B. POPULATION DISTRIBUTION AND GROWTH........................................................ NONE
C. LAND USE .............................
......................................... NONE
.....
D. TRANSPORTATION AND CIRCULATION .......................................... NONE
E. PUBLIC SERVICES ................................................................ NONE
F. UTILITIES.. . ... .... . ............................................................. NONE
G. NOISE LEVELS ......... ....... ........................................
""'�""' NONE
H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ...........•••-''' NONE
I. AIR QUALITY AND WIND CONDITIONS............................................... NONE
J. SURFACE WATER FLOW AND QUALITY ...••.••••••-
...................... NONE
K PLANT LIFE......... ...............................................
.............. NONE
L ANIMAL LIFE..................................................................... NONE
M. ARCHAEOLOGICALIHISTORICAL ..........................................••••''. NONE
N. AESTHETIC ............................
......................................... NONE
O. ENERGVRESOURCEUSE ................ .......................................... NONE
P. OTHER ......... .................................................
III.STAFF RECOMMENDATION
NEGATIVE DECLARATION, WITH MITIGATION
SEE ATTACHED REPORT •�
ER 72-92
3765 S. Higuera Street
Parcel map to divide one parcel into two
DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The project is the division of one 8. 17-acre parcel into two
parcels, one 4.56 acres and the other 3 .61 acres. Parcel one would
contain an existing manufacturing building (Hind Performance) ,
while Parcel 2 would contain a separate warehouse, currently used
for the manufacturing business. Parcel 1 is trapezoidal in shape,
while Parcel 2 is rectangular. Parcel 1 has frontage on South
Higuera Street. Parcel 2 has no frontage on a public street, but
has access from an existing common driveway that ends on the
southerly side of the parcel. The site is within Higuera Commerce
Park, for which a specific plan was adopted by the City Council in
1979 and amended in 1982, 1983, and 1986.
The large site is essentially flat, and contains a row of cypress
trees along the easterly property line, which would remain.
Existing parking has been developed, which would be shared by the
two properties. The existing parcel is the first one in the
"special industrial" (southerly) portion of Higuera Commerce Park
to have been developed. A majority of the northerly ("service
commercial") portion has been developed with small manufacturing,
service commercial, and related uses.
POTENTIAL IMPACTS
Community plans and goals
Subdivision Regulations
The subdivision regulations require that all parcels have frontage
on a public street. Parcel 2 has access only on a common driveway.
The common driveway has been offered for dedication to the City as
a public street, and is expected to be accepted when all
improvements are completed. Completion of improvements is
dependent on development of the parcels to the south of this
subdivision.
If the driveway is accepted, then parcel 2 will have frontage on
a public street. The exact dimensions of _that frontage are not now
known, however. If, for some reason, the driveway is not accepted,
it will remain a private access driveway serving four parcels.
Other subdivision standards are met by this proposal. The
subdivision regulations allow for exceptions to design standards,
if approved by the City Council.
Conclusion: If the City Council approves an exception, the project
will be developed in accordance with regulations, and adequate
access will be provided by the common driveway. If the City
ER 72-92: 3765 S. Higuera Street
Page 2
Council denies the exception, the subdivision will either be
redesigned to meet subdivision requirements or will be withdrawn.
The impact of the project on the City's subdivision regulations
will be not significant.
HIguera Commerce Park Specific Plan
The proposal does not ,meet three standards in the specific plan:
lot area, lot design, and frontage on a public .street. The
specific plan calls for a minimum lot area of four acres. Parcel
2 is 3. 61 acres. The specific plan includes a lot design layout
(see attached excerpt from the specific plan) , with a total of five
parcels for the southern 30 acres. The proposed lot design is not
consistent with the specific plan's, and would result in a total
of six parcels. The minimum lot frontage on a public street is
required to be 300 feet. Lot 2 has no frontage on a public street.
The lot area requirement was placed on the southern 30 acres of the
specific plan area to ensure adequate area for large industrial
uses. The city's supply of large industrial lots is limited to the
ones in this specific planned-area, plus a few on Orcutt Road. In
its role as government seat and largest city of the county, the
City government has consistently supported maintaining adequate
land area for those employment centers that meet the city's needs
and preferences. Most recently, the City Council denied an
application to amend the specific plan to allow the southern 30
acres to be divided into smaller (two acre) lots. Therefore, the
request to allow a lot smaller than the minimum of four acres must
be scrutinized to assure that -it does not lead to later requests
for even smaller lots.
The lot design was developed to assure limited access from South
Higuera Street, an adequate circulation plan, and potential for
future connections with adjacent land outside the city limits. The
proposed design does not appear to compromise these goals.
Frontage requirements were related to lot design requirements. A
minimum frontage of 300' assures that there will be a limited
number of driveways on South Higuera Street and that lot designs
will be similar to that prescribed by the specific plan. The
proposed design would not increase the number of driveways on South
Higuera, and would result in adequate access to the new lots. It
does conflict, as noted above, with the required lot design
pattern.
conclusion: The compromise in lot area may be the first in a
series, and therefore may have cumulative impacts on the intent of
the specific plan. May be significant.
ER 72-92: 3765 S. Higuera Street
page 3
Recommended mitigation:
The City Council, if it votes to approve the lot area exception,
must find for some specific reason that it will not have the effect
of encouraging other requests for smaller lots in the southern 30
acres, until such time as it becomes no longer necessary to protect
the city' s supply of large industrial lots.
OTHER IMPACTS
Staff has not identified any other environmental impacts from this
request.
RECOMMENDATION
Grant a negative declaration of environmental impact, with the
following:
Mitigation measure:
The City Council, if it votes to approve the lot area exception,
must find for some specific reason that it will not have the effect
of encouraging other requests for smaller lots in the southern 30
acres, until such time as it becomes no longer necessary to protect
the city's supply of large industrial lots.
Monitoring:
The staff report to the Council will point out the potential for
cumulative impacts, and the requirement to make this finding.