HomeMy WebLinkAbout10/26/1993, 1 - REQUEST FOR APPROVAL OF A LOT LINE ADJUSTMENT INCLUDING EXCEPTIONS TO CITY SUBDIVISION REGULATIONS TO ALLOW A REDUCTION OF THE ACCESS WIDTH TO A PROPOSED FLAG LOT FROM 20 FEET TO 17.75 FEET, AND REDUCTION OF THE SETBACK FROM THE ACCESS DRI IIIN^ly�l�lllll��l �p II MEETING DATE:
IIB Iii �I�� c1_W or san L.AI s ogI spo
NO; COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold B. Jonas, Director of Community Development
PREPARED BY: Ronald Whisenand, Development Review Manager
SUBJECT: Request for approval of a lot line adjustment including exceptions to City
subdivision regulations to allow a reduction of the access width to a proposed flag lot from
20 feet to 17.75 feet, and reduction of the setback from the access drive from 10 feet to 3
feet for an existing residence at 2039 Fix1mi Street.
CAO RECOMMENDATION: Adopt a resolution approving the flag lot access width and
setback exceptions and approving Lot Line Adjustment Application No. LLA 142-92
(SLOAL 92-083).
BACKGROUND
This application was previously reviewed by the City Council at a public hearing on April
20, 1993. At that time, the Council heard extensive testimony from the neighborhood. As
the Council may recall, the primary opposition from neighbors was over the increasing
number of "non-owner occupied" dwellings in the area and the traffic, parking, and noise
problems these "rental units" caused. Concerns regarding loss of privacy, lack of sidewalks,
view obstruction, and lack of parking on-site were also raised.
The Council voted 3-2 (Council Members Roalman and Rappa voting no) to deny the lot
line adjustment. Recognizing the applicant has two legal lots, the Council indicated a desire
to reconsider their decision should "the applicant come back with something that meets the
needs of the neighborhood." The specific changes discussed included reestablishment of the
garage on Parcel 1 and providing sidewalk frontage improvements.
The applicant has reestablished the garage as requested. Sidewalk improvements will be
discussed later in this report. The adjustment is now ready for Council reconsideration.
DATA SUMMARY
Address: 2039 Fixlini Street
Applicant/Owner: Paul and Dixie Cavigli
Zoning: R-1
General Plan: Low Density Residential
Environmental Status: Categorically exempt from review.
Project Action Deadline: March 27, 1994
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Mjj% COUNCIL AGENDA REPORT
Staff Report - LLA 142-92
Page 2
DISCUSSION
Site Description
The site consists of two adjoining lots, each 50'x150', developed with a residence across the
common lot line. The site slopes down from the Fixlini frontage at about 12%. Several
trees and hedges have been planted on the property. There is no other significant
vegetation on the property.
Application Description
The lot line adjustment would create a 7,132 square foot lot with 79.25 feet of frontage on
Fixlini Street, accommodating the existing house; and a 6,000 square foot lot (excluding
access stem) at the back of the site.
The proposed lots would meet all zoning standards for lot area, dimensions, cross slope, etc.
However, the existing house would not meet the setback requirement in Subdivision
Ordinance Section 16.36.230 D: "A ten-foot yard shall be provided along the access road
pavement", and the access stem would not meet the 20-foot minimum width requirement of
Section 16.36.230.C.
Lot Line Adjustment Procedure
City and State subdivision regulations establish a "streamlined" procedure for adjusting lot
lines, where the proposed adjustment does not result in more lots than currently exist, and
the lots meet all city zoning, building, and lot size regulations. The process does not require
tentative or final maps, and does not require a public hearing. Adjustments are approved
by the Community Development Director, and deeds which reflect the new lot descriptions
are recorded. The City can establish conditions of approval only when necessary to ensure
compliance with the standards noted above.
The procedure for this application is different than the one followed for most of those
processed by the City, however. The setback requirement for flag lots is in the City's
Subdivision Regulations; since only the Council has the authority to approve exceptions to
those regulations, their approval is required for the exception and the lot line adjustment.
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NNIZa COUNCIL AGENDA REPORT
Staff Report - LLA 142-92
Page 3
Evaluation
Based on prior public input, the revised project appears to meet neighborhood issues to the
maximum extent feasible. State law and City Zoning Regulations do not allow the City to
make a land use distinction between 'owner occupied" and "rental' housing. The City
Council is therefore limited in their ability to regulate residential occupancy of single-family
dwellings.
The two factors that need to be considered include whether the lot line adjustment complies
with the City's Zoning Regulations, and whether the requested exceptions would negatively
effect the neighborhood. As pointed out above,with one exception the proposed adjustment
is in compliance with the City's Zoning Regulations. The parcels that will result from the
adjustment will meet the City's lot area and dimension standards. The only exceptions to
these regulations will allow for a reduced flag access lot width to 17.75 feet. As the Council
may recall, a design using the standard 20 foot width would be possible. The existing house
on the new Parcel 1, however, would be sited 0 feet from the new property line inconsistent
with the City's subdivision and building code regulations. The Council discussed the
feasibility of reducing the driveway width to 12 feet within a corridor of 17.75 feet in order
to provide proper clearance and buffering. This design appeared acceptable to the Council
on April 20, 1993.
Fixlini Street south of Ella currently has no sidewalk improvements. The Council expressed
interest in the applicant constructing sidewalk improvements along the frontage of Parcel
1 as a condition of Lot Line Adjustment approval. The State Subdivision Map Act limits
the City's review and approval authority to whether a lot line adjustment complies with
zoning and building codes. The Map Act would therefore prohibit the City from
conditioning the adjustment on the completion of street frontage improvements. The
applicant however has voluntarily proposed sidewalk improvements in order to mitigate
neighborhood and Council concerns. The draft resolution of approval, therefore, includes
a condition that will ensure that the offered improvements are installed to the City's
satisfaction.
ALTERNATIVES
The Council may deny the exception and lot line adjustment. Resolutions with the required
findings for denial are attached for Council use.
Attachments: Draft Resolutions for approval and denial
Vicinity Map Lot Line Adjustment Map
Letter from Louis J. Caballero dated 10/11/93
/-3
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF LOT LINE ADJUSTMENT
APPLICATION NO. 142-92, AND OF REQUESTED EXCEPTIONS
TO ACCESS WIDTH AND SETBACK REQUIREMENTS
FOR PROPERTY LOCATED AT 2039 FIXLINI 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 Lot Line Adjustment
Application No. 142-92, staff recommendations, and reports thereon, makes the following
findings:
1. The lot line adjustment is consistent with the City's Zoning Ordinance and Building
Code.
2. The lot line adjustment with exceptions complies with the Subdivision Map Act and
with the City's Subdivision Regulations.
3. The design of the lot line adjustment will not conflict with easements for access
through or use of property within the affected property.
4. The proposed lot line adjustment is exempt from environmental review requirements.
SECTION 2. Exceptions. The following exceptions to Section 16.36.230 of the
Subdivision Regulations are hereby approved:
- Reduction of flag lot access width from 20 feet to 17.75 feet.
- Reduction of setback from flag lot access from 10 feet to 3 feet, for the existing
principle residence on Parcel 1 only.
Approval of the exceptions is based on the following findings:
1. There are size, shape or topographic conditions affecting the site which justify
approval of the requested exceptions.
2. Cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the exceptions.
Resolution No. (1993 Series)
Page 2
3. The exceptions will not be detrimental to the public health, safety, or welfare.
4. The granting of the requested exceptions is consistent with the intent of the
Subdivision Regulations and General Plan.
SECTION 3. Conditions. That the approval of Lot Line Adjustment Application
No. 142-92 be subject to the following conditions:
1. The applicant shall submit a 'Declaration of Lot Line Adjustment", along with
recording fees, to the City Engineer for review, approval and recordation, based on
samples available in the Community Development Department.
2. If the existing principal residence located on Parcel 1 is demolished or removed at
any time in the future, applicant or subsequent owner of Parcel 1 will be required
to maintain a minimum setback of 10 feet from the property lien of adjacent
driveway corridor of Parcel 2.
3. The grading plan shall be modified to provide for sheet flow of storm drainage across
the southwesterly property line in the event of pump failure, to the approval of the
City Engineer and Chief Building official.
4. The City accepts the applicant's offer to improve the street frontage of Parcel 1 with
sidewalks to the satisfaction of the Public Works Department.
SECTION 4. Code Requirements. The following represent standard requirements
required by various codes, ordinances, and policies of the City of San Luis Obispo, but are
not limited to the following:
1. New structures on Parcel 2 shall require installation of an automatic fire sprinkler
system per NFPA 13-D.
2. Separate sewer, water and other utility connections shall be provided for Parcel 2.
3. Construction of a new residential unit on Parcel 2 shall be subject to compliance with
City Water Allocation Regulations, and may require retrofitting of off-site properties
with water conservation devices.
Resolution No. (1993 Series)
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 , 1993.
Mayor
ATTEST:
City Clerk
APPROVED:
City Adaunistrativ Officer
i
*ttoe
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING LOT LINE ADJUSTMENT
APPLICATION NO. 142-92, AND REQUESTED EXCEPTIONS
TO FLAG LOT ACCESS WIDTH AND SETBACK REQUIREMENTS
FOR PROPERTY LOCATED AT 2039 FIXLINI 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 Lot Line
Adjustment Application No. LLA 142-92 and staff recommendations, public testimony, and
reports thereof, makes the following findings:
1. The proposed lot line adjustment would not comply with Section 16.36.230 of the
Subdivision Regulations, requiring a ten-foot setback from the access flag of a flag
lot.
2. Because the property can feasibly be developed by means of access to a dedicated
City street, exceptions to application of flag lot standards is not justified or
appropriate.
SECTION 2. The request for approval of Lot Line Adjustment Application No. LLA
142-92 is hereby denied.
Resolution No. (1993 Series)
Page 2 Y
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 , 1993.
Mayor
ATTEST:
City Clerk
APPROVED:
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CITY OF SAN LUIS 08ISpo
City of San Luis Obispo cDAWNDEVELOpMEHr
990 Palm St.
P.O. Box 8100
San Luis Obispo, Ca.
October 11, 1993
Att: Ron Whisenand
Ref: Cavigli Lot Line Adjustment/SLO AL 93--058
Sidewalk Proposal
Per our phone conversation of today I spoke to Mr. Cavigli and he
agrees that installing the sidewalk along his frontage would be in
keeping with a neighborhood need. Therefore he voluntarily agrees
to install the sidewalk along Parcel 1 frontage as part of approval
of the exceptions being requested for the Lot Line Adjustment.
Sincerely,, y,
IEN53L
66
J. Caballero
t Engineer