HomeMy WebLinkAbout07/20/1993, 2 - MINOR SUBDIVISION MS 62-93 (COUNTY NO. MS 92-127) TENTATIVE MAP CREATING THREE LOTS FROM ONE LOT AND APPROVING AN EXCEPTION TO AVERAGE DEPTH REQUIREMENT FOR ONE LOT, ON THE WEST SIDE OF POINSETTIA STREET, NORTH OF TANK FARM ROAD. Illu^II�II�I^�Illll�lll city IIII II II of san I LUIS OBISPO MEETING DATE: -
COUNCIL AGENDA REPORT ITEM NUMBE
THIS ITEM
FROM: Arnold Jonas, Community Development Directoro CONTINUED TO
7
PREPARED BY: Greg Smith, Associate Planne� it scheduled
SUBJECT: Minor Subdivision MS 62-93 (County No. MS 92-127) Tentative map creating
three lots from one lot and approving an exception to average depth requirement
for one lot, on the west side of Poinsettia Street, north of Tank Farm Road.
CAO RECOMMENDATION:
Adopt a resolution approving the tentative map for Minor Subdivision MS 62-93, including an
exception to average lot depth for one lot.
DISCUSSION:
Background
The proposed minor subdivision would create three lots from one lot, with an unbuildable
remainder parcel. The Community Development Director has the authority to approve minor
subdivisions which do not involve exceptions to City standards. Council approval is required
for this subdivision because Lot 3 does not meet the average depth requirement (90 feet
required, 82 feet proposed).
The Administrative Hearing Officer recommended approval of the tentative map at a hearing
on May 21, 1993. The attached draft resolution incorporates the conditions recommended by
the Hearing Officer.
Data Summary
Address: 3963 Poinsettia Street
Subdivider: French Bros. Development Co.
Representative: RRM Design Group
Zoning: Low Denisty Residential - Specific Plan (R-1-SP)
General Plan: Low density residential
Environmental Status: Categorically exempt
Project Action Deadline: November 19, 1993
Site Description
The site slopes slightly down from Poinsettia Street. A portion of a detention basin for Tract
929 is located at the southerly portion of Lot 3. The site is surrounded by undeveloped land
zoned for commercial and low density residential uses. Houses and residential condominium
units are located across Poinsettia Street to the east.
MS 62-93
Page 2
Evaluation
The proposed minor subdivision would continue the lot pattern established by the tentative map
for Tract 2100, creating a row of single family lots with frontage on Poinsettia Street and
backing up to the site of the proposed Marigold Shopping Center.
The proposed lots comply with minimum standards for lot area, etc., with one exception: Lot
3 has an average depth of 82 feet, where an average depth of 90 feet is required. Staff
recommends that this exception be approved. An adequate area will be provided for
construction of a house, garage, and yard, because of the additional lot width.
A detention basin and its easement encroach on the southerly portion of Lot 3. The basin
controls runoff from existing development between Poinsettia Street and the railroad (Tract
929). It will be modified to provide adequate buildable area for Lot 3 and to handle additional
runoff from Tract 2100 and the new lots. The subdivider must obtain approval of the Santa
Lucia Hills (Tract 929) homeowners association for the easement modification and basin
reconstruction.
The new lots should be annexed to the homeowners association for the adjoining residential
developments, if possible. This would provide for the new lot owners to participate in the use
and maintenance of the drainage basin and other common facilities in the neighborhood.
The subdivider has applied for a vesting tentative map. This means that, if approved by the
Council, the subdivider and future owners enjoy a vested right to develop the lots in accordance
with ordinances and policies in effect - or which had been advertised - on May 19, 1993. This
would include the pending traffic impact fee ordinance, if it is adopted prior to the construction
of houses on the lots (Subdivision Map Act 66498.1, 66474.2).
CONCURRENCES
Recommendations from other departments are included in recommended conditions of
approval.
ALTERNATIVES
The Council may deny the tentative map application, if appropriate findings for approval cannot
be made. The Council may approve the tentative map subject to modified conditions. The
application may be continued, but final action must be taken by November 19, 1993.
Attachments:
Draft Resolutions for approval, denial
Vicinity Map
Tentative Map
gtsL:MS6293.CC
�'02.
P elution #1 - Approving
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF THE TENTATIVE MAP FOR MINOR
SUBDIVISION NO. MS 62-93 (SLO 92-127) AND REQUESTED EXCEPTIONS
TO LOT DEPTH AND LOT DIMENSIONS
FOR PROPERTY LOCATED AT 3963 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 Minor Subdivision No. 62-93 (SLO 92-127), and the Community Development Director's
recommendations,staff recommendations and reports thereon, makes the following findings:
1. The design of the proposed subdivision and proposed improvements are consistent
with the general plan and Edna/Islay Specific Plan.
2. The site is physically suited for the type and density of development allowed in the
R-1-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 improvement will not conflict with
easements for access through, or use of property within, the proposed subdivision.
5. The Council concurs with the the determination of the Community Development
Director that the proposed subdivision is exempt from environmental review
requirements.
SECTION 2. Exceptions. Approval is granted for an exception to the Subdivision
Regulations allowing a lot depth of 82 feet for Lot 3 where a minimum depth of 90,feet
is normally required, based on the following findings:
�-3
Resolution No. (1993 Series)
Page 2
1. The property is such a size and shape that it is undesirable to conform to the strict
application of lot area and dimension standards.
2. The exception will not be detrimental to the public health, safety, or welfare, nor will
they be injurious to other properties in the vicinity.
3. The cost to the subdivider of strict compliance with the standards is not the sole
reason for granting the exceptions.
4. Granting the requested exception is consistent with the intent and purposes of the
Subdivision Regulations, and is consistent with the General Plan.
SECTION 3. Conditions. That the approval of the tentative map for Minor
Subdivision No. MS 62-93 (SLO 92-127) be subject to the following conditions:
1. Subdivider shall submit a final map to the city for review, approval and recordation.
The map shall be prepared by, or under the supervision of, a registered civil engineer
or licensed land surveyor.
2. Approval of this tentative map shall confer. a vested right to proceed with
development in accordance with the ordinances, policies and standards described in
Section 66474.2 of the Subdivision Map Act.
3. The subdivider shall expand the existing detention basin to compensate for the
proposed reduction in capacity via the retaining wall and earth fill on a portion of
Lot 3. A hydraulic analysis of the proposed detention basin modifications, prepared
by a registered civil engineer, shall be submitted to the City Engineer for review and
approval.
4. Subdivider shall obtain approval for the modification of the detention basin from the
owner of the off-site basin expansion area and the easement grantee (Santa Lucia
Hills Homeowners Association), prior to recording the parcel map for this
subdivision. If the approvals are not obtained, the area occupied by the easement
shall be excluded from this subdivision and the final map shall show two lots, to the
approval of the City Engineer and Community Development Director.
5. 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 those CC&R's. . If approved, the amended
CC&R's shall be approved by the community Development Director and
o2-y
Resolution No. (1993 Series)
Page 3
administered by the homeowners' association. If the request is rejected by the
homeowners association, proof of such rejection must be provided to the Community
Development Director.
6. Modification of the detention basin shall include reconstruction of an all-weather
access road, to the approval of the City Engineer.
7. Subdivider shall dedicate an easement across the remainder parcel for pedestrian
access to the proposed shopping center, and for landscape installation and
maintenance. Subdivider shall install a six-foot wide sidewalk and appropriate
landscaping, and shall provide for perpetual maintenance, to the approval of the
Community Development Director and City Engineer.
8. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc.,
shall 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 or parcel
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.
9. Subdivider shall provide individual electrical, cable television, and natural gas
services and metering for each unit to the approval of affected public utility agencies
and the City Engineer.
10. Subdivider shall provide individual water services and sewer connections for each lot,
to the approval of the City Engineer.
11. The subdivider shall dedicate a 6-foot wide public utility easement and a 10-foot wide
street tree easement along the Poinsettia Street frontage, to the satisfaction of the
City Engineer.
12. Street trees are required to be planted per City Standards (the number of trees is
determined by one tree per 35 linear feet of street frontage, or any portion thereof).
Species: To be determined by City Arborist.
13. Subdivider shall pay sewer lift station fee of $171.50 prior to recordation of the
parcel map.
14. The City may be adopting traffic impact fees sometime in mid-1993. If adopted, all
applicable traffic impact fees shall be paid prior to the issuance of any building
permit.
�-s
Resc tion #2 - Denying
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING THE TENTATIVE MAP FOR MINOR
SUBDIVISION NO. MS 62-93 (SLO 92-127) AND REQUESTED EXCEPTION
FOR PROPERTY LOCATED AT 3963 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 Minor Subdivision No. 62-93 (SLO 92-127), and the Community Development Director's
recommendations,staff recommendations and reports thereon, makes the following findings:
1. The design of the proposed subdivision and proposed improvements are not
consistent with the general plan and Edna/Islay Specific Plan.
2. The site is not physically suited for the type and density of development allowed in
the R-1-SP zone.
3. The design of the subdivision and the proposed improvements are 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 improvement will conflict with easements
for access through, or use of property within, the proposed subdivision.
5. The proposed subdivision may have a significant effect on the environment.
6. The proposed subdivision does not comply with requirements of Municipal Code
Section 16.36.160, Lot Dimensions.
SECTION 2. Action. The application for approval of the tentative map for Minor
subdivision MS 62-93 is denied.
On motion of seconded by
and on the following roll call vote:
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2. TENTATIVE MAP - 3963 POINSETTIA (JONAS/411 - 15 min.)
Public hearing to consider a tentative map for a minor subdivision (MS 62-93) creating three
lots from one lot at 3963 Poinsettia Street; French Bros. Development Co., subdivider.
(Continued from 7/6/93.)
♦ RECOMMENDATION: Adopt resolution (#1) approving the tentative map for Minor
Subdivision MS 62-93.
(Please bring your agenda report from the 7/6/93 meeting.)
INGZD_93 AGENDA
E �_ITEM #
MEMORANDUM
DATE: July 13, 1993
TO: Mayor Pinard and Council
VIA: John Dunn, CAO
FROM: Arnold B. Jonas, Community Development Director
BY: Ronald Whisenand, Development Review Manager 'o
SUBJECT: Minor Subdivision Application No. MS 62-93;
French Brothers Development Co., Applicants
The above referenced application was initially scheduled for City Council consideration on July
06, 1993. The matter was continued to the Council's July 20, 1993 meeting, in response to a
request by the applicant who could not be present. Based on more accurate survey calculations
subsequently submitted by the applicant's agent, all lots will maintain the minimum lot depth
required by the Municipal Code. A Council exception is therefore no longer required.
Because of this new project information, the matter has been pulled by staff from the Council's
agenda of July 20, 1993. The item will be acted on administratively consistent with the City's
Subdivision Regulations. Should you have any questions of staff, please contact Ronald
Whisenand, Development Review Manager.
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SAN CLUIS OBISpO, CA
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O SAntU'S OB'SPO
aCItY
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
June 24, 1993
Marigold Partners
1065 Higuera Street, #301
San Luis Obispo, CA 93401
Re: TENTATIVE MAP - MS 62-93
Dear Gentlemen:
The San Luis Obispo City Council will hold a public hearing to consider a request to
approve a tentative map for a minor subdivision (MS 62-93) creating three lots from one
lot at 3963 Poinsettia Street.
The meeting is scheduled for Tuesday, July 6, 1993, beginning at 7:00 p.m. in the Council
Chambers of City Hall, 990 Palm Street. Other hearings may be held before or after this
item. Please know that if you challenge this action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City Council at, or prior to, the public hearing.
For additional information or questions concerning this item, please contact Greg Smith,
Associate Planner, in the Community Development Department at 781-7174. The Council
agenda report with recommendation by staff should be available by the Wednesday before
the meeting.
Sincerely,
he R. Gladwell
City Clerk
DRG.jsb
c: Greg Smith, Community Development
French Brothers Development, P.O. Box 1796, SLO, 93406-1796
RRM Design Group, 3026 S. Higuera St., SLO, 93401
V� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf(805) 781-7410.
til
W . 1 NGZD_93 AGENDA
D
DA
DAry .-ITE
MEMORANDUM
DATE: July 13, 1993
TO: Mayor Pinard and Council
VIA: John Dunn, CAO
FROM: Arnold B. Jonas, Community Development Director °
BY: Ronald Whisenand, Development Review Manager
SUBJECT: Minor Subdivision Application No. MS 62-93;
French Brothers Development Co., Applicants
The above referenced application was initially scheduled for City Council consideration on July
06, 1993. The matter was continued to the Council's July 20, 1993 meeting, in response to a
request by the applicant who could not be present. Based on more accurate survey calculations
subsequently submitted by the applicant's agent, all lots will maintain the minimum lot depth
required by the Municipal Code. A Council exception is therefore no longer required.
Because of this new project information, the matter has been pulled by staff from the Council's
agenda of July 20, 1993. The item will be acted on administratively consistent with the City's
Subdivision Regulations. Should you have any questions of staff, please contact Ronald
Whisenand, Development Review Manager.
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;Re: .Marigold -, Minor'Subdivision MS62=93Parcel, Map.92427
Gentlemen:
:1Vlinor Subdivi'sion'3963 Pomsetha; referenced above; i< ons the Consent Agenda for .tlie
'City Council meeting on Tuesd.'ay„July:6, 1993: I w><ll;ibe;unable to attend on this date due
to prior commitmentsa. Please continue the,puI ic,hearmgs'for consent,of`tlie referenced
'tentatiVe map,td.the next possible City Council meeting:
Sincerely;
ARM DESIGN:G'RO P
Victor- ont emery;::.
CWO:Executive;Of cer
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