HomeMy WebLinkAbout10/06/1992, 4 - APPEAL OF A PLANNING COMMISSION INTERPRETATION OF A TRACT MAP CONDITION FOR TRACT 940, LIMITING DEVELOPMENT ON EACH PARCEL TO ONE SINGLE-FAMILY RESIDENCE, DEVELOPED AS A SINGLE STRUCTURE. �IIIN�I�III�uIIIOIIIi� IIUIN 'h/ � MEETING DATE:
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city o San .-AIS OBISpo /0-&-
IN!; COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold Jonas, Community Development Director o
PREPARED BY: Whitney McIlvaine, Assistant Planner
SUBJECT:
Appeal of a Planning Commission interpretation of a tract map
condition for Tract 940, limiting development on each parcel to one
single-family residence, developed as a single structure.
CAO RECOMMENDATION:
Uphold the appeal subject to findings and conditions as noted in
draft resolution No. 2
DATA SUMMARY
Applicants: Louis and Christine Zimmerman
Representative: Ruel Czach, Architect
Zoning: R-1-S
General Plan: Low density residential with a sensitive site
overlay
Environmental Status: Categorically exempt
DISCUSSION
On August 12th, the Planning Commission reviewed a density-
exception request to construct a main house, and guest quarters
over a separate garage. As originally designed, the guest quarters
constituted a separate dwelling because full kitchen facilities
were included. Zoning regulations only allow one dwelling per acre
on sites with slopes exceeding 26%. The project site is just over
an acre in size with an average cross slope of 35%.
The Planning Commission denied the request for two dwellings,
finding it inconsistent with density standards in the Zoning
Regulations, and also inconsistent with a condition of approval for
the underlying tract map. The applicant is not appealing the
denial of the density exception. The appeal is focused on the
Commission's interpretation of the tract map condition, , which
reads as follows:
Each lot may be developed with one - single-family residence,
subject to all applicable Zoning Ordinance and Building Code
Regulations.
Nothing in the Zoning Regulations prohibits a multi-structure
dwelling. However, the Commission interpreted the tract condition
to limit development to a single structure, reasoning that merely
removing the guest quarters kitchen does not preclude problems
associated with converting the living space above the garage to a
rental in the future. The appellant understands the second kitchen
p)I city of San OBISp0
COUNCIL AGENDA REPORT
will need to be removed to be consistent with density standards.
A modified floor plan is attached to this report.
Planning Commission restriction of development on lots in this
subdivision to single structures only is understandable in view of -
the history of conversion of separate structures to unauthorized
j uses. Unfortunately, such restriction would prohibit separate
garages and similar service structures as well, and could actually
prohibit development plans on sloping lots that would benefit from
separate structures for some purposes. It appears desirable to
provide some flexibility for one separate structure in addition to
the residential structure on each parcel for garage , storage or
work space uses. These would be subject to all applicable site
development standards, but would not increase the density on a
j given site.
i
This broader interpretation would appear consistent with the intent
of the subdivision condition, which was most likely included to
limit the density of development in the tract, given the sensitive
site designation and the character of the surrounding neighborhood.
Without this condition, some of the lots - by virtue of their size
and more gentle slopes- could otherwise be developed with as many
as four homes.
In the present case, the appellant could simply connect the two
separate structures into a single unit and subvert the intent of
the condition. Thus the narrower interpretation of the regulation
doesn't appear to be an effective means of addressing the potential
problems associated with illegal conversions.
CITIZEN PARTICIPATION
At the Planning Commission hearing, Mr. and Mrs. Young of 1846
i Conejo objected to creating separate living space over the garage.
They cited previous problems with use of a similar space over a
garage at 1860 Conejo. In 1987, the Architectural Review
Commission approved design of a new residence at 1860 Conejo that
included storage area over a separate three-car garage. The
storage area was subsequently remodeled into living space, with
associated problems related to overlooking adjacent properties.
ALTERNATIVES
The Council may continue review of the appeal, with specific
direction given to the appellant and staff.
I
The Council may deny the appeal, allowing the Planning Commission's j
action and tract condition interpretation to stand.
r
�������i>I►►iI►IIIIIIIIIIIp1 IIIIIII city o� san Js mspo
COUNCIL AGENDA REPORT
Attachments:
draft resolutions
vicinity map
tract map
site plan
floor plans for area above garage
Planning Commission Resolution and minutes
I
�f�3
Draft Resolution No. 1 -
Appeal Denied
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
TO DENY A REQUEST FOR A GUEST QUARTERS / WORK STUDIO TO BE
CONSTRUCTED ABOVE A SEPARATE GARAGE AT 1857 CONEJO AVENUE.
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 applicants' request A 138-
92, the appellants' statements, the Planning Commission's action,
staff recommendations and reports thereon, makes the following
findings:
1. The proposed project is not consistent with the Use Permit
U0914 as it pertains to development of parcels in Tract
940. Specifically, the multi-structure design conflicts
with a condition of approval limiting development on each
parcel to "one single-family residence. "
- SECTION 2 . The request for approval of a planning
commission use permit, A 138-92 , to allow a guest quarters / work
studio to be constructed above a separate garage at 1857 Conejo
Avenue, 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.
y-�
Draft Resolution No. 1
Appeal Denied
Page 2
Mayor Kon. unin
ATTEST:
City Clerk Diane Gladwell
APPROVED:
City A 'nistrative Officer
C' to ne
Community Deve o went Director
J
Draft Resolution No. 2
Appeal Upheld
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION AND
APPROVING A REQUEST FOR A GUEST QUARTERS / WORK STUDIO TO BE
CONSTRUCTED ABOVE A SEPARATE GARAGE AT 1857 CONEJO AVENUE.
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 applicants' request A 138-
92, the appellants' statements, and the Planning Commission's
action, staff recommendations and reports thereon, makes the
following findings:
1. The proposed design will not be detrimental to the health,
safety, and welfare of persons living or working in the
vicinity.
2. The proposed design is consistent with Condition 1 of Use
Permit U0914 , as it pertains to Tract 940, of which the
project site is a parcel. The condition states:
Each lot may be developed with one
single-family residence, subject
to all applicable Zoning Ordinance
and Building Code Regulations.
3 . The proposed use conforms to the General Plan and the
Zoning Ordinance.
4. The proposed use is categorically exempt from environmental
review (CEQA Section 15303) .
SECTION 2 . Conditions.
A multi-structure residence is hereby approved, subject to the
following conditions:
Lt,l
Draft Resolution No. 2
Appeal Upheld
Page 2
1. The applicant shall submit a covenant to the Community
Development Department for review, approval, and
recordation, which limits the density of the property to
one dwelling unit, consistent with Use Permit U0914 and the
Zoning Regulations.
2. The single-family residence shall be housed in no more than
two structures.
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 Ron Dunin
ATTEST:
City Clerk Diane Gladwell
5OVED:
inistrative Officer
t or (y,
IBJ
Community Dev4jopment Director
�-r
Draft Resolution No. 1
Appeal Denied
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
TO DENY A REQUEST FOR A GUEST QUARTERS / WORK STUDIO TO BE
CONSTRUCTED ABOVE A SEPARATE GARAGE AT 1857 CONEJO AVENUE.
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 applicants' request A 138-
92, the appellants' statements, the Planning Commission's action,
staff recommendations and reports thereon, makes the following
findings:
1. The proposed project is not consistent with the Use Permit
U0914 as it pertains to development of parcels in Tract
940. Specifically, the multi-structure design conflicts
with a condition of approval limiting development on each
parcel to "one single-family residence. "
SECTION 2 . The request for approval of a planning
commission use permit, A 138-92 , to allow a guest quarters / .work
studio to be constructed above a separate garage at. 1857 Conejo
Avenue, 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.
Draft Resolution No. 1
Appeal Denied
Page 2
Mayor Ron Dunin
ATTEST:
City Clerk Diane Gladwell
APPROVED:
City A nistrative Officer
C' to ne
Community De-veioibment Director
�- 9
Draft Resolution No. 2
Appeal Upheld
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION AND
APPROVING A REQUEST FOR A GUEST QUARTERS / WORK STUDIO TO BE
CONSTRUCTED ABOVE A SEPARATE GARAGE AT 1857 CONEJO AVENUE.
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 applicants' request A 138-
92, the appellants' statements, and the Planning Commission's
action, staff ' recommendations and reports thereon, makes the
following findings:
1. The proposed design will not be detrimental to the health,
safety, and welfare of persons living or working in the
vicinity.
2 . The proposed design is consistent with Condition 1 of Use
Permit U0914 , as it pertains to Tract 940, of which the
project site is a parcel. The condition states:
Each lot may be developed with one
single-family residence, subject
to all applicable Zoning Ordinance
and Building Code Regulations.
3 . The proposed use conforms to the General Plan and the
Zoning Ordinance.
4 . The proposed use is categorically exempt from environmental
review (CEQA Section 15303) .
SECTION 2 . Conditions.
A multi-structure residence is hereby approved, subject to the
following conditions:
Draft Resolution No. 2
Appeal Upheld
Page 2
1. The applicant shall submit a covenant to the Community
Development Department for review, approval, and
recordation, which limits the density of the property to
one dwelling unit, consistent with Use Permit U0914 and the
Zoning Regulations.
2. The single-family residence shall be housed in no more than
two structures.
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 Ron Dunin
ATTEST:
City Clerk Diane Gladwell
OVED:
ty A inistrative Officer
I t or
Community Dev opment Director
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SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 5104-92
WHEREAS, the Planning Commission of the City of San Luis Obispo did
conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall,
San Luis Obispo, California, on August 12, 1992, pursuant to a proceeding instituted
under application No. A 138-92 by Louis & Christine Zimmerman, applicants.
USE PERMIT REQUESTED: .
To allow two dwellings on an R-1 lot where a tract condition would otherwise
allow only one unit.
PROPERTY DESCRIPTION:
On file in the office of Community Development, City Hall.
GENERAL LOCATION:
1857 Conejo Avenue.
GENERAL PLAN LAND USE ELEMENT:
Low-density Residential with a Sensitive Site Overlay.
PRESENT ZONING:
R-1-S.
WHEREAS, said commission as a result of its inspections, investigations,
and studies made by itself; and in behalf and of testimonies offered at said hearing, has
established existence of the following circumstances:
1. The proposal is inconsistent with the condition of the tract map which limits
development on each lot to one single-family residence and with density standards
in the Zoning Ordinance.
Resolution No. 5104-92
Use Permit A 138-92
Page 2
NOW, THEREFORE, BE IT RESOLVED that application No. A 138-92 be
denied.
The foregoing resolution was adopted by the Planning Commission of the City of
San Luis Obispo upon the motion of Commr. Settle, seconded by Commr. Peterson, and
upon the following roll call vote:
AYES: Commrs. Settle, Peterson, Cross, Williams, Karleskint
NOES: None
ABSENT: Commr. Hoffman
VACANCY: One
Arnold B. Jonas, Secretary
Planning Commission
DATED: August 12, 1992
CLr4�+
P .C. Minutes
August 12 , 1992
Page 4
VOTING: AYES - C/skin
le, Cross , Williams , and
K
NOES - Crson.
ABSENT - Cman.
The motion passed.
Commr. Cross suggestedits be discussed at a future
meeting.
Arnold Jonas said notluded an applicant from trading
property for a parkinion.
-----------------------------------------------------------------
Item 2 . Use Permit A 138-92 : A request to allow two dwellings
on a lot where a tract condition would otherwise allow
only one unit ; R-1 zone; Louis & Christine Zimmerman,
applicants .
-----------------------------------------------------------------
Whitney McIlvaine presented the staff report and asked for
direction from the Commission on whether or not it was willing to
grant the exception and for interpretation of the condition
precluding guest units .
In answer to a question by Commr . Cross , Whitney McIlvaine
explained staff believes an accessory unit would be allowed.
Arnold Jonas explained state legislation would override a tract
map condition precluding accessory apartments , as long as the
proposed accessory apartment conformed to local regulations
requiring it to be attached and share the living space of the
primary unit .
In answer to a question by Commr. Cross , Whitney McIlvaine
explained that the greater the slope, the less density allowed.
Chairman Karleskint opened the public hearing.
Ruel Czach, 850 Pacific Avenue, Cayucos , applicant ' s
representative, said the conditions of the tract map seemed to
allow a subdivision of the tract . He said the guest quarters
would be approximately 500 square feet . He said the one-acre
site was surrounded by a density of five houses per acre. He
said an exception had already been granted for an adjacent lot .
He showed an overhead of the site showing the area allowed to be
developed because of grading, and explained the topography of the
site and the designated building envelope prompted the proposed
design , including development over the garage.
In answer to questions by Commr . Cross , Mr. Czach said the main
house was approximately 3 , 500 square feet . He explained the
�/ 9
P .C. Minutes
August 12 , 1992
Page 5
guest house could be built to 450 square feet if the size was the
problem, and the location above the garage was being requested
because of building restraints on the property due to the slope.
Commr . Cross expressed concern that in the future, the guest
house could become a rental unit .
Mr . Czach said the original architect , who was semi-retired, was
not aware of all zoning codes at the time of design , but he felt
the request met the intent of the code .
Commr. Settle asked if the applicant would agree to eliminating a
kitchen and thereby avoid the problem staff has pointed out .
Mr . Czach asked if the kitchen was eliminated , would there be no
problem with the request .
Whitney McIlvaine explained if the guest house did not have a
kitchen, the proposed development would be considered a single
unit for density purposes , but that there was also a question as
to whether or not separate guest quarters were allowed for this
tract .
Commr . Settle felt a variance might be appropriate because of the
slope, density, and topography.
Joseph Young, 1846 Conejo, said he wanted to be assured the
second unit would not become a rental unit . He said the
accessory unit on an adjacent lot referred to by the applicant ,
was an- approved attached granny unit .
Mrs . Young, 1846 Conejo, said that a storage unit above a garage
adjacent to her property was being used as a rental , but believed
it was now used for business purposes , and that a granny unit was
converted to a rental . She said three residential dwellings
could be considered to be adjacent to her property. She said
sarcastically that the intention of the developer was probably to
make multi-residential dwellings of the R-1 area, and the zoning
of the area should be changed.
Chairman Karleskint closed the public hearing.
Commr. Cross expressed concern that even without a kitchen, the
unit could become a rental . He said developer-s should realize
there are constraints on sloped property.
Commr . Settle said he questioned staff to hear options , not
because he supported a separate unit on a R-1 lot . He said a
request for a zoning change to multi-family would allow two
separate units . He said he was not a supporter of state
legislation allowing granny units , because they could evolve into
rental units . He said he supported a single family unit with an
.f-�D
P . C. Minutes
August 12 , 1992
Page 6
attached granny unit . He felt the restriction on a separate
unit , irregardless of slope density, should be required. He
expressed concerned about variances for such proposals .
Commr. Williams said she sympathized with Mrs . Young, and if
property at 1860 Conejo is being used for commercial or rental
purposes , the City should know. She said she could not support
the proposal because an R-1 neighborhood should require single
residences .
Commr . Peterson felt unless a zoning change was requested, the R-
1 restrictions should apply.
Commr . Settle moved to recommend denial of a second dwelling unit
at the location and that the site development be limited to a
single family residence .
Commr . Peterson seconded the motion, Resolution No . 5104-92 .
Whitney McIlvaine asked Commr. Settle if one single-family
residence meant one single structure? Commr . Settle said yes .
Chairman Karleskint said a letter had been received from Dr. &
Mrs . Joseph Boone, 1312 Woodside Drive, requesting that the
request be denied.
Commr. Cross suggested a condition to prevent storage units from
becoming rental units .
Arnold -Jonas advised conditions not be placed on dentals , but
that that recommendation could be made to the Architectural
Review Commission for consideration.
Commr. Karleskint asked if staff ever conditioned a secondary
unit to 10-amp circuits to prevent a secondary residence.
Arnold Jonas said he did not know if that would be possible, but
that it might be if the addition was a storage unit .
Commr . Settle said a legal limitation allowing granny units might
be a factor.
Arnold Jonas explained the intent of the State action was to
generate affordable housing by allowing a second unit on a lot
precluded by R-1 zoning. He said state standards would override
single family zoning. He explained the City adopted standards in
conformance with state standards , when it required granny units
to be attached to main structures .
sf-��
P. C. Minutes
August 12 , 1992 -
Page 7
VOTING: AYES - Commrs . Settle , Peterson, Cross , Williams ,
and Karleskint .
NOES - None.
ABSENT - Commr . Hoffman .
The motion passed.
Commr. Cross suggested that a recommendation be sent to the
Architectural Review Commission regarding the review of the
project .
Commrs . Settle and Karleskint agreed.
-----------------------------------------------------------------
Item 3 . Rezoning R 132-92 . Considation of an amendment to
the Zoning Regulations reg _ding day care facilities ;
City of San Luis Obispo , pplicant .
--------------------
-=--------------------------------- ---------
Whitney McIlvaine presented the s aff report and recommended the
Commission approve the amendment to the Zoning Ordinance which
would ensure that City regulati n of large day care homes would
be consistent with State law a d City child care policies .
Commr. Cross expressed concer that increased traffic might be a
concern and the Circulation lement should be considered .
Whitney McIlvaine explaine that staff examined the Circulation
Element and determined th t large day care homes would not cause
traffic to significantly increase . She explained that the
highest increase in tra is per day would be 24 trips , if each
child arrived and left he day care home individually, which was
not a high enough volu a to impact daily trips on the street .
She said the spacing equirement for large day care homes would
help to alleviate c lative traffic impacts .
Commr . Karleskint f It the increased traffic driving past the
homes of other residents was not as significant a problem ( for
adjacent neighbor ) as 24 stops at the center to drop and pick up
children.
Whitney McIlvai e. said carpooling would be encouraged and some
children who I 've nearby might be able to walk to the day care
center.
Cindy Clemen said as proposed, the Zoning Regulation Amendment
complied wi State standards .
Arnold Jon s said that the amendment was unclear as to whether
the 200-f of spacing between large day care facilities should be
measured from property lines or from buildings containing day
care fac lities .