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HomeMy WebLinkAbout10/17/2000, 2 - CONSIDERATION OF A LOT LINE ADJUSTMENT WITH EXCEPTIONS AT 1740 MCCOLLUM STREET (LLA 133-00). council M°°"`l�._„ _�� j acEnaa izEpoat i'mNum CITY OF SAN LUIS OBISPO FROM: Ron Whisenand,Acting Community Development Directoo Prepared By: Michael Codron,Planning Technician SUBJECT: CONSIDERATION OF A LOT. LINE ADJUSTMENT WITH EXCEPTIONS AT 1740 MCCOLLUM STREET (LLA 133-00). CAO RECOMMENDATION Adopt Resolution "A” approving a lot line adjustment, with an exception to the standards for lot depth, based on findings and subject to conditions. DISCUSSION Project Description The project is a lot line adjustment of four pre-existing lots. The applicant is proposing adjustments to make each lot accessible from McCollum Street. When the property was originally subdivided, McCollum was the cross street (see Attachment 4), but when Park Avenue was abandoned and Pacheco School was developed, the resulting configuration made development of each lot impractical. In order for the lot line adjustment to occur in the proposed configuration, the applicant would have to demolish the existing single-family residence and detached garage. Site Description The site is located on the corner of Grand Avenue and McCollum Street, in the same block as Pacheco School. The property includes four standard 6,000 square foot lots and a 2800 square foot portion of Park Avenue, that was combined with the two western-most lots when the right-of-way was abandoned. The site is presently developed with a single family residence and detached garage. There are a large number of avocado trees and other fruit trees both on the property and within the adjacent McCollum Street right-of-way. McCollum Street is only partially paved in this area and there is no curb, gutter or sidewalk. The site is flat, although it is at the base of a steep hill where McCollum meets Albert. Data Summary Address: 1740 McCollum Street Applicant/Property Owner: Patrick and Alison Aurignac Representative: Hamish Marshall Zoning: Low Density Residential (R-1) General Plan: Low Density Residential Environmental status: Categorically exempt as a minor lot line adjustment not resulting in the creation of any new parcel (CEQA Guidelines, Section 15305(a)). 2-1 Council Agenda Report LLA 133-00 (1740 McCollum) Page 2 Previous Review The City Council approved a re-subdivision of the site in 1988. In approving a tentative map, Council also approved an exception to the Subdivision Regulations to allow the lots to be 80 feet deep where 90 feet is the standard. The previous approval allowed the existing residence to remain with access from Grand Avenue, and approved two additional lots with access from McCollum. A final map for the project was never recorded. Review Procedure Normally Lot Line Adjustments are reviewed at the administrative level without a public hearing. However, Council approval is required when exceptions are proposed. The Council can approve the request if it finds the adjustment complies with City Zoning and Building Regulations, including Subdivision Regulations. In addition, the exception for reduced lot depth provides the Council with the ability to evaluate the appropriateness of the resulting parcels. Requested Exceptions The proposed lot line adjustment requires approval of an exception to the City's lot depth standard. Lot Component Required Dimension/Area Proposed Dimension/Area Minimum Lot Area 6,000 square feet 6,695 square feet Minimum Width 60 feet 83.74 feet Minimum Depth 90 feet 80 feet Minimum Frontage 20 feet 83.74 feet Evaluation Staff has identified four primary issues associated with this project. These issues include 1) neighborhood compatibility; 2) consistency with City policies and standards; 3) previous Council approval of a three lot subdivision; and (4) lot merger requirements in the City's Zoning Regulations. In general, staff supports the project because it is a lot line adjustment that will not result in a greater number of lots. Development of the resulting lots would be consistent with other development in the neighborhood and with the City's property development standards, whereas development of the property in its current configuration is not considered feasible. 1.Neighborhood Compatibility The project site is on the edge of an established single-family residential neighborhood near Cal Poly. Staff feels that the proposed lots will appear consistent with the traditional development pattern of the neighborhood from the street because they are 83.74 feet wide. At 6,695 square feet the proposed lots are smaller than the average lot in the neighborhood, but still consistent with the standards for development in the R-1 (Low Density Residential) zone. Many of the lots that are larger than the proposed lots are developed on steeper slopes and their size is a response to the topography. The project site is flat and more appropriate for the smaller lot sizes. Architectural review is required for subsequent development to ensure neighborhood compatibility, per City regulations. To date, staff has received positive input on the project from neighbors and Council Agenda Report LLA 133-00 (1740 McCollum) Page 3 neighborhood group representatives. Future development will include much needed public improvements to the McCollum Street right-of-way. 2. Consistency with City Policies and Standards In order to approve an exception to the Subdivision Regulations the City Council must make four specific findings (SLOMC 16.48.020), as follows: A) That the property to be divided (adjusted) is of such size or shape, or is affected by such topographic conditions, that it is impossible,.impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title. The purpose of the proposed adjustment is to reorient four existing lots to McCollum Street so that the lots conform better to the Subdivision Regulations and can be developed in a way that is more consistent with City property development standards. It is not possible to meet the lot depth standard in this configuration because of the joint property line with Pacheco School to the north. The resulting lot depth will still allow for a typical single-family home to constructed on the lots with appropriate setbacks. B) That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. The proposed exception will not reduce any costs to the applicant of developing the property. The exception is necessary in order to orient the lots to McCollum Street and provide conforming access to all four lots, allowing development to occur in an orderly manner, consistent with how other properties in the neighborhood have been developed. C) That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. The proposed exception will allow for subsequent development that will include significant public improvements to ensure public health, safety and welfare. Street pave-out, curb, gutter, sidewalk street trees, and undergrounding of existing overhead utility lines to the project site are some of the benefits that other properties and residents in the vicinity will benefit from. D) That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the City. The proposed lot configuration is consistent with the Land Use Element (LUE) goal of maintaining a compact urban form (LUE Goal #31). LUE policies encourage new development within existing neighborhoods to be compatible in scale and character with the neighborhood. Housing Element policies state that there should be a variety in the location, type, size, tenure, cost, style and age of dwellings to accommodate the wide range of households desiring to live within the City. Staff feels that granting an exception to allow the lots to be 80 feet deep is consistent with these goals. The exception will not limit the ability of the project to comply with the property development standards for the R-1.5y e, and Council Agenda Report LLA 133-00 (1740 McCollum) Page 4 Architectural Review is required to ensure that subsequent development is compatible with existing development in the neighborhood. 3. Previous Council Approval of a Three Lot Subdivision In 1988, a previous property owner proposed to resubdivide the project site into four lots. At the Community Development Director's Subdivision Hearing, the Hearing Officer recommended that the City Council approve the subdivision as proposed. Subsequent City Council action approved the subdivision and the proposed lot depth exception, but conditioned the approval on a redesign of the project to include a maximum of three lots. The major difference between the previous project design and the new proposal is that the prior applicant intended to retain the existing residence. This created two main issues. First, the other three lots were approximately 7 feet narrower than in the current proposal. Second, in order to provide conforming parking for the existing house, the applicant had requested a setback exception for a new two car garage along Grand Avenue. Neighborhood opposition to the previous application was significant. The applicant at the time was unclear as to how he would develop the property. Neighborhood comment indicated that there was a feeling that the small lots would be underdeveloped relative to other properties in the neighborhood, and there was a fear that the property would ultimately be developed with rental housing. To date, the neighbors and neighborhood group representatives have been supportive of the proposed lot line adjustment. The applicant has submitted a complete application for Architectural Review, and intends to develop all four lots with quality single-family residences. The proposed home designs appear consistent with home designs typical of the neighborhood. The Architectural Review Commission will review the project in November. 4. Lot Merger Requirements The four pre-existing lots are considered nonconforming by the City's Zoning Regulations. Chapter 17.12 of the Zoning Regulations,Nonconforming Lots, contains the following requirements: A. If a nonconforming lot has been held in common ownership with any contiguous property at any time since November 18, 1977, and it otherwise meets the requirements for parcel merger under Government Code Section 6645 1.11, it may not be individually developed. The area within such a lot may be developed only after it has been merged with contiguous property, or otherwise resubdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly . conforms. B. In an R-1 or R-2 zone,the merger or resubdivision requirements set forth in subsection A of this section shall not apply to a nonconforming lot and contiguous commonly owned property where each of the parcels has an area, width, depth and frontage equal to at least eighty percent(80%)of the minimum required in the subdivision regulations. If the lot line adjustment is approved, the limits on development described in subsection A above will not apply because Government Code Section 66451.11 does not limit the ability of a prope,%, 4wner to Council Agenda Report LLA 133-00 (1740 McCollum) Page 5 apply for a lot line adjustment. After the lot lines are adjusted, the project site would comply with the exemption for R-1 and R-2 zoned properties found in subsection B above because each parcel will have area, width, depth and frontage equal to at least eighty percent of the minimum required by the Subdivision Regulations. At 80 feet,proposed lot depth will be 88% of the standard. Conclusion In conclusion, staff supports the proposed lot line adjustment because the appearance of the lots from the street will be consistent with the normal pattern and spacing of development in the neighborhood. Although the proposed lots are only 80 feet deep, they meet the minimum area requirements in the Subdivision Regulations and can be reasonably well developed without the need for exceptions to the City's Property Development Standards. Although a previous Council approved a reduced scale project of three lots, that project was never built. The current proposal is an improved design and will bring much needed public improvements to McCollum Street. CONCURRENCES In order to ensure public safety and welfare, the Public Works Department would like the applicant to record a parcel map for the project and complete all of the public improvements for the project simultaneously. The applicant has agreed with this approach. Normally, the lot line adjustment approval would allow the developer to build frontage improvements for each Iot as building permits are issued. However, the applicant has indicated that there is no plan to phase the project in this manner. The applicant has assured staff that if the lot line adjustment is approved, all public improvements will be built out as soon as possible (see Attachment 7). Staff is comfortable with this assurance because it makes sense financially to complete all of the street work as a single project. The Building Division noted that new residences are required to be served by underground utilities. The Fire and Utilities Department had no concerns with the project. ALTERNATIVES 1. The Council may approve the lot line adjustment with a different configuration or number of lots. 2. The Council may deny the lot line adjustment request. Development of the property in its current configuration would allow for one additional single-family residence to be built on the site. 3. The Council may continue discussion if additional information is needed. Direction should be given to staff and the applicant. Attachments: 1. Vicinity map 2. Reduction of proposed lot line adjustment map 3. Reduced size architectural drawings for proposed subsequent development 4. Assessor's parcel map showing the current configuration of subject property 5. Draft Resolution"A"approving the proposed lot line adjustment 6. Draft Resolution`B"denying the proposed lot line adjustment 7. Developer's statements 2-5 Attachment 1 --------------- SLA CK -'.4 1740 McCollum El� LILA 1300 4-ZPF HAYS L2 r 7.. . F1 L!-r cf) 7 MCCOLLUM < R-1 FREDER 1740 McCollum N LLA 133=00 0 80 160 240 Feet 2-6 Attachment 2 01AM AYE � I FI e�- ,yds 0L A, m�. k YI f 0 ki IF 3 A I am �� sli4 §tl I IN `tfle 1 F. , lad I �R 1-i • �I � I I P Y I , ,. ..•aR� �1 z le e:e Q I 4 CA '.l��l• • I. ' I 1 I , •yf • d f ' I i I 1 �I I m1Rl.[ fl 5F - . . '' ••W ` •� PARC AVE. —— — r. (ABANDONED) PARK AVE (ABARaOR®) .. . I TENTATIVE LOT LINE ADJUSTMENT MAP SLOAL-00-222 la-mon [YYIeFF.s V L A REVISION: 0 M M F R • DRAWN BY: DH W DATE: 08/07/00 ....., (w51 a•_rwf - ASSOCIATES 5eevFT0RS CHECKED BY: OSH r C • • • NEW I'll' •: �s;i i:i • . iii vim 1. �'•. HMO It �— Ee •!III�' -I � ��T- IIIIIIIII :: l n YY III � -�•QIIQ r �� � , : • 3IIIIIII� n I :,I7iitllll�. 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VII I IIII i .; IIII IIIb, oo•y � I Illi�I'll' • 1 II IIII% �II II'i i I I I I III, Iim alI.I I 'i l Illlll jlll j I III I,� I. I". I III �_, ,Ipl � ,I II ��� I lei Illlll ill IIII IIII II II �I. �IIII :I '.IIII IIII � II' :11111 II I li�l X1111 ! I' I IIII (IIII IIII I I ,' Iql I Fill I I ll �I1111HI111 I'III Attachment 4 a ar p N pN � m - ' O F• O � t � 2 e Q e N L SMIMER and N N OL OL 0 0 0 0 ,I I I dl 'oC 0¢ Of 9r OS Oc I m • � N I .� m- Oa I o: o oc 09 47 p w � ea � O as ow aNdaJ02 93nd _ at -� N J C O ~ _ IQ b A m W W m b • /) d O P t0 b b - N r. C O N m 0 Luuta4ky z cZ c a o c I �•3nd r f6 to C U y N C a t m F m W QCD f h m r m •• ` �6 .- C 1D W J T O C Di 1O J J J v 2Eco -aJ a at —�— Z£-Z5 ddW 33S b9 ON 10ba1 Attachment 5 Draft Resolution "A" RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT LOCATED AT 1740 MCCOLLUM STREET, (LLA 133-00). WHEREAS, the City Council conducted a public hearing on, October 17, 2000, and has considered testimony of the applicant, interested parties, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the project is consistent with the State Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City ordinances. WHEREAS, the City Council finds the project to be categorically exempt from environmental review as provided for by California Environmental Quality Act Guidelines, Section 15035 Minor Alterations in Land Use Limitation, and determined by the Community Development Director. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (LLA 133-00), the appellant's statement, staff recommendations and reports thereof, makes the following findings: 1. The lot line adjustment is consistent with Chapters 17.12 of the City's Zoning Regulations because the regular spacing of buildings on the affected lots, when viewed from the street, is consistent with other developed properties in the neighborhood and all lots have an area, width, depth and frontage equal to at least 80% of the minimum required in the R-1 zone. 2. The lot line adjustment will not increase the number of parcels and complies with Section 66412(d)of the Subdivision Map Act and the City's Subdivision Regulations. 2-12 41144 4 ..c�f- S P7. z Resolution No. (2000 Series) Page 2 3. The proposed lot line adjustment is categorically exempt from environmental review pursuant to Section 15305 of the CEQA Guidelines. SECTION 2. Exceptions. That an exception to the Subdivision Regulations is hereby granted, allowing lot depth to be 80 feet, where 90 feet is the standard, based on the following findings: 1. It is impossible, impractical or undesirable, in this particular case,to conform to the strict application of the regulations codified in the Subdivision Regulations because it is impossible to provide more than eighty feet of lot depth due to the adjacent property line with Pacheco School. 2. The cost to the applicant of strict or literal compliance with the regulations is not the sole reason for granting the modification because the exception is necessary to provide conforming access to the lots from McCollum Street. 3. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity because the project will provide substantial public improvements to the McCollum Street right-of-way and will allow for development to occur consistent with the City's Property Development Standards. 4. Granting the modification is in accord with the intent and purposes of the Subdivision Regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the City because the project will contribute to Land Use Element goals by helping to create a compact urban form, and the proposed lot design meets the intent of Chapter 17.12 of the Zoning Regulations. SECTION 3. Action. That the approval of Lot Line Adjustment 133-00, 1740 McCollum, be subject to the following conditions: 1. The lot line adjustment shall be finalized with a parcel map as agreed to by the applicant and shall be prepared and recorded to the satisfaction of the Public Works Director. 2. The existing single-family residence and detached garage shall be demolished prior to finalization of the lot line adjustment. A City demolition permit shall be properly obtained. 3. All utility services serving the existing residence that cross the new property lines must be removed (e.g water, sewer, telephone, cable, gas, and electric lines). All new utility services serving the reconfigured lots shall be underground. 2-13 A 64`4 .cY f S i �f 3 Resolution No. (2000 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 , 1999. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: ?7tFtt#ey e . Jorgensen 2-14 - Aftachment 6 Draft Resolution "B" RESOLUTION NO- (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT LOCATED AT 1740 MCCOLLUM STREET, (LLA 133-00). WHEREAS, the City Council conducted a public hearing on October 17, 2000, and has considered testimony of the applicant, interested parties, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed subdivision is not consistent with the [Subdivision Regulations], [General Plan], [Zoning Regulations], and other applicable City ordinances; and NOW, THEREFORE, 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 LLA 133-00, staff recommendations, public testimony, and reports thereof, makes the following findings: [Council specifies findings] SECTION 2. Denial. The Lot Line Adjustment at 1740 McCullom Street (LLA 133-00) is hereby denied. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of ' 1999. 2-15 Resolution No: (2000 Series) Page 2 Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TOTORM: Jeffrey G. Jorgensen, City Attorney 2-16 Attachment 7 Description of Project and Requested Exceptions There are currently 4 legal lots that exist on the parcel in question. The existing lots are non-conforming and difficult to access without cross easements.The lot line adjustment that we are proposing, we believe, will better the property. The lots will be approximately 84 feet wide y 84 feet deep. The depth of the lots will be the non-conforming portion of the tentative map. However the over all size of the lots will be over 6,500 square feet,which is conforming City standards. We believe that this lot line will be a benefit to the neighborhood for the following reasons: 1. It provide for much needed street improvements on Mc Collum Street 2. It will do away with the access off of Grand,which is a major thorough fair 3. It will provide for much needed infill within the City Limits 2-17 11�e,-4w4 141 o Marsh Street San Luis Obispo CA 9 3 401 Telephone Hos 783-1000 A�7y�( Toll-free 1-800 9S9-9017 L i�.l, 1r11ac Q REALTY Facsimile B o S ' 545-8 3 3 Z October 2,2000 Mr. Michael Codron City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca. 93401 Dear Michael, As per your request this letter is to confirm that my intention is to do all the necessary improvements on McCullom Street as soon as the city will allow me to start. In addition it is my plan to do all the necessary improvements at the same time. (Not in Phases), At the conclusion of these offsite improvements we will begin construction of the homes as soon as possible. If you have any additional questions or concerns please contact my office at 783-1000. Thank you for your help on this project. S' cerely, Patrick A Certified Residential Broker Aurignac Realty 2-18 MEniNG AGENDA DATE -1-1-00 ITEM # • °` `p alta Vista g. nElchBORhood ASSOCIAtion v- p0 BOX 5412 San LUIS OBISPO Ca 93406 October 14, 2000 To: San Luis Obispo City Council From:Alta Vista Neighborhood Association 15MOUNCIL 17 CDD DIR GKAO O FIN DIR L91AELE A0 0 FIRE CHIEF Subject: Lot Line Adjustment [9MRNEY O PW DIR 1740 McCollum R JRIG O POLICE CHF 2 M(i�tT O REG DIR ` Wrre, 0 UTIL DIR g,T77 �+`1 ri O PERS DIR N1 Our Board Members met with Patrick Aurignac &Associates on October 12, 2000 to review plans for this project. We were impressed with the plans and we support the project. Mr.Aurignac is asking for an exemption to the required depth of the lots.A reduced depth results in wider frontages to meet the square footage requirement for each lot and thereby makes these lots eligible for two (2) driveways per lot. Mr.Aurignac and we jointly agree that this project should include the following language: 1. Each lot will be limited to one (1) driveway of 16 feet in width. A second driveway will be prohibited. 2. The four(4) lots resulting from this lot line adjustment will become pan of the Alta Vista Parking District o C` �A42��rc RECEIVED OCT 9 7 2000 07 , SLO CITY COUNCIL