HomeMy WebLinkAbout10/17/2000, 2 - CONSIDERATION OF A LOT LINE ADJUSTMENT WITH EXCEPTIONS AT 1740 MCCOLLUM STREET (LLA 133-00). council M°°"`l�._„ _��
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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
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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