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Home My WebLink About06/04/2002, 5 - MINOR SUBDIVISION (MS 34-02) WITH EXCEPTIONS, AT 497 ISLAY STREET; RORY MUNIZ, APPLICANT council 06-04-02 l acjenda RepoRt 5 CITY OF SAN LUIS O B I S P O FROM: John Mandeville, Community Development DirecE Prepared By: Lynn M. Azevedo, Associate Plane Ill SUBJECT: MINOR SUBDIVISION (MS 34-02) WITH EXCEPTIONS, AT 497 ISLAY STREET; RORY MUNIZ,APPLICANT CAO RECOMMENDATION Adopt a resolution approving the tentative parcel map with exceptions to the subdivision and zoning regulations, based on findings and subject to conditions. DISCUSSION Background An application has been received to divide the subject parcel into two lots. The property, as it exists today, has built upon it a historical single-family dwelling known as the "Vollmer House," a detached garage with upper floor studio identified as a carriage house (new construction), and a shop building. The new lot line would separate the house and carriage house from the shop. The shop is intended to be removed, and the parcel upon which it sits, redeveloped with a conforming residential use. Minor subdivision applications are normally acted upon by the Community Development Director at a Director's Subdivision Hearing. However, exceptions to the lot width requirement and yard setbacks are being requested, and the subdivision regulations state that exceptions require Council action (§16.48.010). Also, when exceptions are requested, a minor subdivision is not exempt from the California Environmental Quality Act (CEQA). An almost identical parcel map application (MS 155-93) was reviewed and approved for this property by the City Council on January 18, 1994, along with a Negative Declaration via Resolution 8261 (map and resolution attached hereto as Attachments 3 and 5). The property owner at that time never filed the final map and the tentative map expired. Staff believes that the Negative Declaration prepared for the 1993 map application is still relevant to the proposal at hand since circumstances have not changed, and finds that no additional environmental review is necessary. (ER 155-93 attached hereto as Attachment 4.) Data Summary Address: 497 Islay Street Applicant: Rory Muniz Property owners: Peter and Marcy Maloney Representative: Engineering Development Associates (John Shoals) 5-1 Council Agenda Report MS 34-02 (Muniz) Page 2 Zoning: R-2 General Plan: Medium Density Residential Environmental status: Mitigated Negative Declaration approved by the City on Jan 18, 1994 in relation to previous parcel map application (MS 155-93). Project Action Deadline: June 4, 2002 Site Description Located on the southerly comer of Islay and Beach Streets, the rectangular-shaped lot is approximately 15,000 square feet and generally flat, with a less than 5% slope. A 2,613 square- foot single-family dwelling, 1,056 square-foot carriage house, and a 1,200 square-foot "shop" exist on the parcel. The main residence, known as the Vollmer House, was built in approximately 1890 and has been deemed historically significant at the local level. It was restored and added onto around 1995 by a previous property owner. Concurrent with the house restoration, the detached garage with upper floor studio was also constructed. Date of construction of the shop building is unknown, however, it does not appear on the City's Sanborn maps and is in a state of disrepair. It is assumed that this "shop" is for personal residential use, not commercial, as no records exist that would indicate a commercial use has legally operated from this site. Proiect.Description The request is to divide the 15,000 square-foot lot into two parcels for residential development. Parcel sizes would be as follows: Width Depth Size Occupied By Parcel 1: 50.5' 149.9' 7,575 s.f. Vollmer House and garage/studio Parcel 2: 49.5' 150' 7,425 s.f. Residential use "shop"building The lots would front Islay Street, although the driveway to proposed Parcel 1 would remain on Beach Street. EVALUATION Lot Width Exception Request Both proposed parcels comply with the R-2 zone district standards for minimum lot area, which is 6,000 s.f. for interior lots (Parcel 2) and 6,900 s.f. for comer lots(Parcel 1), and minimum lot depth of 90 feet. The proposed lots would not, however, meet the minimum lot width standards of 60 feet for interior lots and 70 feet for corner lots. The applicant is asking the City to grant an exception to the minimum lot width requirement (§16.36.160) to allow narrower lots at this location. 5-2 I Council Agenda Report MS 34-02 (Muniz) Page 3 The subject property is located in an established residential neighborhood of primarily single- family residences, although multi-family developments do exist in the vicinity. On Islay Street, between Carmel and Nipomo Streets (one block either way of the subject property), lots range in size from 3,000 to 18,450 square feet. Most of these lots front Islay with lot frontage widths of 45 to 100 feet, the majority of which are at or around 50 feet. A 50-foot wide by 150-foot deep lot is the dominant lotting pattern in this neighborhood, which is consistent with the proposed parcel map. While strict compliance with the lot dimension requirements is possible, this would require the two new parcels to front Beach Street which is inconsistent with the predominant neighborhood lotting pattern and would separate the Vollmer House from the carriage house. Yard Setback Exception Request The Zoning Regulations (Chapter 17.16) require varying side and rear yard setbacks based on the height of a structure. The minimum side and rear yard setback requirement is 5 feet, which pertains to a structure up to 12 feet tall, The Vollmer house has an average height of 27.5 feet, which requires an 11.5-foot setback, but would have a 5-foot sideyard setback from the proposed, new property line. Establishment of the dividing property line 5 feet from the side of this house was previously determined to be acceptable by the Council in the 1993 parcel map application. The shop building is proposed to have a 4-foot sideyard setback. It's estimated height is 12 feet, so a 5-foot setback would make it compliant with City standards. In the 1993 parcel map application, the property line jogged so that the shop building would have a conforming setback. The "carriage house," however was approved in 1995 with a 5-foot (conforming) side yard setback, which did not take into account the jog in the property line. If the proposed dividing line "jogs" as it did in the 1993 parcel map application, the carriage house would be only 4 feet from the new property line. If the dividing line were straight from front to back, then the shop building would have a 4-foot sideyard setback. Since the shop building is identified on the 2002 parcel map as "to be removed," and that highest and best use of the new parcel would be for a new residential use, the shop building should be considered a temporary structure and allowed to temporarily encroach into the setback. A conforming setback should be maintained to the carriage house. In addition, the City's Zoning Regulations recognize that detached accessory structures in older neighborhoods often are located closer to side property lines. The Zoning Regulations (§17.16.020(E)(2)(d)(ii)) allow single-story, detached, accessory structures on the rear half of the property to be located with a lesser setback (as close as 0 feet). General Plan Consistency The parcel map request is consistent with the General Plan Land Use Element (LUE) in that the LUE encourages maintaining a compact urban form while maintaining open space areas. Infill development, as will be accomplished here, when done in accordance with City standards, is an opportunity to accomplish these primary General Plan goals. The LUE also states that dwellings in the Medium Density Residential district are generally one- or two-story detached buildings on 5-3 Council Agenda Report MS 34-02 (Muniz) Page 4 small lots with some private outdoor space for each dwelling. It is also inferred that development in the Medium Density designation is similar to that in the Low-Density Designation, only in a more compact arrangement. The proposed land division would result in a lot size more typical of an R-2 neighborhood, this R-2 neighborhood specifically, and promote more compact development consistent with both the general plan and the existing neighborhood. General Plan Policy LU 2.2.10 states that "housing built within an existing neighborhood should be in scale and in character with that neighborhood." The existing dwelling, as previously mentioned, is of local historic significance and architecturally compatible with the surrounding neighborhood. Development on the new parcel (Parcel 2) will require architectural review to ensure compatibility with the neighborhood and specifically the Vollmer house, consistent with this General Plan policy. Findings Section 16.48.020 of the City's Subdivision Regulations specifies the required findings and conditions for subdivision exceptions as listed below in italics. The Resolution of Approval, attached hereto as Attachment 6, describes how the proposed lot split meets these findings and provides the necessary conditions. A. Before any exception is authorized, all of the following findings shall be made: 1. That the property to be divided 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; and 2. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and 3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and 4. 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. B. In granting any exception, the council shall impose such conditions as are necessary to protect the public health, safety and welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations. Section 17.16.020(E)(2)(d)(ii) of the Zoning Regulations specifies the following required findings (in italics) for a yard exception to a detached, single-story accessory structure. The Resolution of Approval, attached, specifies how these findings can be made in this proposal. 1. The accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main 5-4 Council Agenda Report MS 34-02 (Muniz) Page 5 structure; 2. The adjacent affected properties will not be deprived of reasonable solar exposure; and 3. That no useful purpose would be realized by requiring the full yard. Environmental Review As mentioned earlier, a Negative Declaration was approved in conjunction with the 1993 map application (ER 155-93). The only change between the 1993 application and this one is that the proposed dividing line does not jog. All other conditions and issues remain static. There has been no change to environmental conditions at the site or in the vicinity of the project. Two mitigation measures are associated with ER 155-93 relative to "Community Plans and Goals," including: 1. A driveway and parking area must be provided for the house on the new lot. 2. The City Council must 1) approve the exceptions with the required findings, 2) require modifications that eliminate the need for exceptions, or 3) deny the subdivision. Mitigation measure #1 was taken care of in the 1995 remodel and addition to the property. Again, staff believes that the Negative Declaration prepared for the 1993 map application is still relevant to the proposal at hand, and finds that no additional environmental review is necessary. CONCURRENCES The Public Works Department supports the project provided conditions and code requirements of Resolution 8261 apply along with others listed in the draft Resolution of Approval. The Building Division noted that all utility laterals should be traced to ensure that they are not originating from the adjacent property. If they do cross the new property line, then the utility lines should be relocated within the respective new parcels prior to final map approval. The Fire Department has no concerns with the project. The Utilities Department provided comments regarding water and sewer services and pipe materials. Code requirements from each of the departments are attached to the resolution of approval. ALTERNATIVES 1. The Council may approve the tentative parcel map with modified findings and conditions. 2. The Council may deny the tentative parcel map and/or the requested exceptions if the necessary findings cannot be made. 3. The Council may continue discussion if additional information is needed, and direction should be given to staff and the applicant. 5-5 Council Agenda Report MS 34-02 (Muniz) Page 6 ATTACHMENTS 1. Vicinity map 2. Reduction of proposed tentative parcel map (MS 34-02). 3. Reduction of previously approved tentative parcel map (MS 155-93). 4. Negative Declaration ER 155-93 5. City Council Resolution 8261 6. Draft Council Resolution of Approval 7. Draft Council Resolution of Denial Full-size map prints have been provided to the City Council and are available for review at the City Clerk's Office. 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S�•1 1 1 • N b i\I 3 5s9 R Attachment 4 city of San LUIS OBISpo INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 497 Islay Street APPLICATION NO. £4 16S-73 PROJECT DESCRIPTION Parcel map to divide one residential lot into two APPLICANT Larry Knorr STAFF RECOMMENDATION: X NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY Judith Lautner, Associate Planner DATE Dec. 10, 1993 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE 13 1193 V SUMMARY OF INITIAL STUDY FINDINGS I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING 11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ...................................................... YES* B. POPULATION DISTRIBUTION AND GROWTH.............................. NONE C. LAND USE ....................................................................... NONE D. TRANSPORTATION AND CIRCULATION ...... ...................._.................. NONE* E. PUBLIC SERVICES ......._..................._...................................... NONE F. UTILITIES................ . ....... ................................................ NONE NONE G. NOISE LEVELS ................ ..................................................... NONE H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ...... ..... . . ..... .. NONE I. AIR QUALITY AND WIND CONDITIONS............................................... NONE J. SURFACE WATER FLOW AND QUALITY .............................................. NONE K. PLANT LIFE..................................................................... NONE L. ANIMAL LIFE............. . ........_.......................__...................... NONE M. ARCHAEOLOGICAL/HISTORICAL ............................................ .. ...... NONE N. AESTHETIC .. . . . .. . .. . . . . . .... . . . .. . ............ .:.... .......... . ........ . ... . .. . NONE* O. ENERGYIRESOURCE USE ........................................................... NONE P. OTHER ................... ............................................. .... ....... . ftMFTfflPPBTTXlFXTION, WITH MITIGATION - 5-10 'SEE ATTACHED REPORT seas Attachment 4 ER 155-93 Environmental Initial Study Division of one lot into two 497 Islay Street DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The project is the division of one 0. 34-acre lot into two lots, each approximately 7, 500 square feet in size, including exceptions to lot width and sideyards. The site is a rectangular, essentially flat lot on the southerly corner of Islay and Beach Streets. A large house, shop building, and two sheds currently exist on the site. The proposal includes removal of one of the sheds and retention of the remaining buildings. Five trees live on the site, the largest of which has a 24" diameter. All trees are to remain. The two-story house, which is not currently occupied and is in a deteriorated condition, is on the City's list of historical resources. It is considered not eligible for the National Register, but locally significant. The shop, built of concrete block, has apparently been used for carpentry and other purposes over the years. It is currently used for storage only. The neighborhood contains other significant buildings, most notably the Sandercock home (currently Farmer residence) at 535 _ Islay, across the street, and the Walters home (currently Osborne) at 461 Islay. These two homes sit on large lots. This medium-density neighborhood contains a mix of single-family homes and apartments. POTENTIAL IMPACTS Community Plans and goals General plan: The project would create two lots from one. Residential development at a medium-density level would continue to be allowed. The lot sizes would be similar to many others in the vicinity, and therefore would not represent a new pattern of development. Conclusion: Impacts will be less than significant. Zoning regulations: The lot currently contains a driveway and parking area, which serves the house. The lot division would result in the driveway and house being on separate lots. Therefore, parking would no longer be available for the house. The zoning regulations call for the maintenance of required parking spaces. When required spaces are removed, they must be replaced. Conclusion: Impact on parking for the house would be significant. 5-11 Attache-nent 4 ER 155-93 497 Islay Street Page 2 Recommended mitigation: A driveway and parking area must be provided for the house on the new lot.. Subdivision and zoning regulations.: The request includes exceptions to the subdivision and zoning regulations standards. The subdivision regulations say that lots in the R-2 zone are required to be 60' wide, and corner lots 70' wide. The proposed lots are each about 50 ' wide. Therefore an exception to the lot width standard is needed. The subdivision standards say that subdivision designs must be consistent with the zoning regulations. The lot design creates a sideyard that is less than that required by the zoning regulations. In the R-2 zone, yards vary with the height of the building wall. Walls that are no higher than twelve feet are required to have five-foot yards. Higher walls require larger yards. The proposed southwesterly yard for the existing house is five feet. The exact height of the wall in that location is not known, but is estimated to be about 201 . A wall 20F high requires a sideyard of 8 .51 . Therefore, a sideyard exception is needed. . The City Council acts on subdivision exceptions, as part of its action on the subdivision itself. To approve an exception, the City Council must make all of the following findings: 1. The property to be divided 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. 2 . The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3 . The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4 . 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. It appears that these findings can be made in this case. If they cannot, then the subdivision must not be approved. Conclusion: May be significant. 5-12 Attachment 4 ER 155-93 497 Islay Street Page 3 Recommended mitigation: The City Council must 1) approve the exceptions with the required findings, 2) require modifications that eliminate the need for exceptions, or 3) deny the subdivision. Land use The lot division would not result in a new type of land use for the area. Conclusion: Impacts will be less than significant. Transportation and circulation. The project would not result in additional traffic in the area, beyond what may result from the existing lot configuration. An additional driveway will be required to be installed on Beach Street, to serve the house. This driveway will need to be located toward the center of that block, and should not cause any visibility problems for drivers or pedestrians in the area. Conclusion: Impacts will be less than significant. Enerav or resource use. Water: The project is not expected to generate additional water use. However, additional development, or conversion of existing development, would likely increase the water use on the site. The City's Water Allocation Regulations allow water to be allocated to new development only when such water allocation does not affect the city's supply. This can happen only if the new use replaces a similar use of a similar size, or if water is provided by some other means to replace that used. One method, allowed by the regulations, to obtain additional water is to retrofit existing plumbing fixtures. The City allows a developer to replace fixtures to save approximately twice as much water as the new development is expected to use. With these regulations in force, water allocated to new development will not have a detrimental effect on the available supply. In any case, additional development is possible with or without the land division. Conclusion: Not significant. 5-13 � Attachment 4 ER 155-93 497 Islay Street Page 4 STAFF RECOMMENDATION Grant a negative declaration of environmental impact, with the following mitigation: 1. A driveway and parking area must be provided for the house on the new lot. 2 . The City Council must 1) approve the exceptions with the required findings, 2) require modifications that eliminate the need for exceptions, or 3) deny the subdivision. 5-14 Attachment 5 RESOLUTION NO. 8261 (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF MINOR SUBDIVISION NO. 155-93 (COUNTY FILE 93-089) , DIVIDING ONE LOT INTO TWO AT 497 ISLAY 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 MS 155-93 and staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2 . The site is physically suited for the type and density of development allowed in the R-2 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. An initial study of environmental impacts was prepared by the Community Development Department on December 10, 1993 , that describes significant environmental impacts associated with project development. The Community Development Director has reviewed the environmental initial study and granted a Negative Declaration of environmental impact, with mitigation. The initial study concludes that the project will not have a significant adverse impact on the environment, subject to the mitigation measures being incorporated into the project, and the City Council hereby adopts the Negative Declaration and finds that it reflects the independent judgement of the City Council. 5-15 R-8261 Attachment 5 Resolution No. 8261 (1994 Series) Minor Subdivision 155-93 Page 2 6. The property to be divided is of such shape, that it is undesirable, in the particular case, to conform to the strict application of the subdivision and zoning regulations because to do so would interrupt the pattern of lot design in this historical neighborhood. 7 . The cost to the subdivider of strict or literal compliance with the subdivision and zoning regulations is not the sole reason for granting exceptions to lot width and yard standards. 8. The lot width and yard exceptions will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity. 9. Granting exceptions to lot width and yard standards is in accord with the intent and purposes of the subdivision regulations, and is consistent with the general plan and all other plans of the city. SECTION 2 . Conditions. The approval of the tentative map for MS 155-93 is subject to the following conditions: 1. The 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: The final map shall be prepared in accordance with the Subdivision Map Act and Subdivision Regulations. 2. All boundary monuments, lot corners and centerline interesections, BC's, EC's, etcl. , 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. 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. Any exception to this requirement must be approved by the City Engineer. 3 . The subdivider shall provide individual electrical, cable television, and natural gas services and metering for each lot to the approval of affected public utility agencies and the City Engineer. 5-16 A.": !-.hment 5 Resolution No. 8261 (1994 Series) Minor Subdivision 155-93 Page 3 4. The subdivider shall provide individual water services and sewer connections for each lot, to the approval of the City Engineer. 5. The subdivider shall plant street trees along both streets per City standards and to the satisfaction of the City Arborist. 6. An addressing plan shall be submitted for approval by the Community Development Director. 7. Any existing utilities that will cross the new lot line must be removed, or easements created, to the approval of the City Engineer. 8. The 0. 1' jog in the new lot line shall be eliminated. � 9 .1, A handicap ramp shall be constructed on the corner of Islay �31 Ak 1Ae Street and Beach Street, to the satisfaction of the City Engineer. 10. A driveway and automobile parking area shall be provided for the existing residence on Parcel 1. On motion of Council Member Romero , seconded by Council Member Rappa. , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of January, 1994. (�L 2��. Mayor Pei Pinard ATTEST: i Clerk Diane RU Gladwell APPROVED: ale'Z111 1, 4a) ,ao,,��T�. (titf A torhlej 'Jeff Jorgensen 5-17 ent 5 R� 14 Sare e r W f °m >3 ° 34 ri p$` Q1 I I i N #$ K , W d� a a f i I I I w�k�I3nni O a °oL 8 w5e�i fi� . I I I � Y5 Wer-Y UYG lL I Q °wi� 2 1 W N 2 t) N i k > �N 3a1 o X220 -ri :NN mw< 2 3"fig �3 € m V �W a, Lu ?kms i I .00m, 3 Re-efiv N a1 � �Y W h ; gg I 61 z � i 4t I _ �. W A. In a n 11 N I I _ .911 -rIL: " AwrMf l[A3NJ :xV4G t, So • n+1}I i ! -_��'-,_ yy� • -�-M.9l.N.f9 5 ,_�_ ..___ 3 5-18 i Attachment 6 RESOLUTION NO. (200_Series) - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR MINOR SUBDIVISION LOCATED AT 497 ISLAY STREET MS 34-02 (SLO 02-0083) WHEREAS, the City Council conducted a public hearing on June 4, 2002, and has considered testimony of interested parties and the evaluation and recommendation of staff-, and WHEREAS, the City Council has considered the Negative Declaration of environmental impact as prepared and adopted in 1993 (ER 155-93) for a subdivision of this property. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to the earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (ER 155-93 attached hereto as Exhibit A.) SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into two with an exception to the subdivision ordinance regarding lot width and to the zoning ordinance regarding sideyard setback, and after consideration of staff recommendations, public testimony, and reports thereof, makes the following findings: Minor Subdivision 1. The tentative map is consistent with applicable general and specific plans in that the general plan and its policies call for compact urban form and infill which this map provides consistent with the existing neighborhood. 2. The design of the proposed subdivision is consistent with applicable general and specific plans in that the proposed land division would result in a lot size more typical of a Medium Density Residential neighborhood, this MD Residential neighborhood specifically, and promote more compact development consistent with both the general plan and the existing neighborhood. 3. The site is physically suited for the type and density of development allowed in the R-2 zone and MD designation in that the proposed lots meet minimum size requirements as required within the R-2 district, the map creates lot sizes more typical of an R-2 neighborhood and consistency with the dominant lotting pattern in this neighborhood, and project conditions will require architectural review for new development to ensure architectural compatibility of any new residence(s). 5-19 Attachment 6 Resolution No. (2002 Series) MS 3402(Muniz Minor Subdivision) Page 2 4. The design of the tentative map and the proposed improvements are not likely to cause serious public health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat in that the site is already mostly developed and surrounded by urban development, and the project does not contain sensitive habitat, involve tree removal, or interfere with creeks or wetlands. 5. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision in that existing public access (sidewalks and. streets) fronts all properties in this neighborhood. Exceptions 6. The property to be divided is of such shape that it is undesirable, in this particular case, to conform to the strict application of the subdivision and zoning regulations because to do so would interrupt the pattern of lot design in this historical neighborhood. 7. The cost to the subdivider of strict or literal compliance with the subdivision and zoning regulations is not the sole reason for granting exceptions to the lot width and yard standards in that the cost would be not greater, but the result would be interruption to the predominant lotting pattern of the neighborhood.. 8. The lot.width and yard exceptions will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity in that the proposed lots are consistent with the design of other properties in the neighborhood, the proposed 4-foot sideyard setback for the shop building is an interim condition and an existing condition in relation to the buildings on Parcel 1, and the 5-foot sideyard setback for the Vollmer house is consistent with setbacks in older neighborhoods such as this. 9. Granting exceptions to lot width and yard standards 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 in that it does not grant special privileges or modify allowable land uses within the existing R-2 district. , 10. The setback of the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main structure. 11. The adjacent affected properties will not be deprived of reasonable solar exposure in that the accessory structure exists and.parcelization of the property will not affect solar exposure. 12. No useful purpose would be realized by requiring the full yard in that the shop building is identified on the 2002 parcel map as "to be removed" and that highest and best use of the 5-20 Attachment 6 Resolution No. (2002 Series) MS 34-02(Muniz Minor Subdivision) Page 3 new parcel would be for a new residential use. SECTION 3. Approval. The request for approval of the minor subdivision to allow parcelization of one lot to two with an exception to the Subdivision Ordinance §16.36.160 and Zoning Ordinance Chapter 17.16, for property at 497 Islay, is hereby approved subject to the following conditions: Conditions: 1. Approval of this Tentative Tract Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the,expiration date. 2. A final map, drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 3. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 4. The subdivider shall dedicate a 3m wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 5. A public pedestrian easement may be necessary to accommodate improvements required for Americans with Disabilities Act (ADA) compliance, to the satisfaction of the Public Works Director. 6. The existing driveway approach along Beach shall be upgraded as necessary to provide disabled access behind the ramp per the Americans with Disabilities Act (ADA) and city standards to the approval of the Public Works Director. 7. The "shop" building should be labeled as a garage or garage/shop so that it is not mistaken for a non-residential use. 8. All utility laterals serving the building shall be traced to ensure that they are not originating from the adjacent property. If they are to remain, then they shall be relocated within the new property lines. This includes any sewer, water, gas, electric and communication lines. This shall be completed and verified by City staff prior to recording the new lot line.. 9. The subdivider shall install new curb, gutter and sidewalk as necessary to the satisfaction of 5-21 Resolution No. (2002 Series) MS 34-02(Muniz Minor Subdivision) Page 4 the Public Works Director; new driveway shall be designed to meet ADA standards in regards to sidewalk. 10. Each parcel shall have its own separate water and wastewater service laterals. 11. Existing water and sewer services shall be properly relocated and resized, if necessary, to ensure that each parcel is appropriately served in accordance with City standards. 12. City standards do not allow PVC for water services as is the specification shown on the parcel map. This note shall be changed to reflect 1" polyethylene (PE) or 1" type K soft copper for the new water service. The owner may wish to consult a Fire Sprinkler Engineer to determine whether 1" polyethylene will be adequate to serve the fire sprinklers on any new dwellings that may be proposed for the site (Polyethylene has a smaller internal diameter than copper, which reduces the flow capacity of the service). 13. All trees shall be retained and protected unless permitted for removal by the Community Development Department and approved by the City Arborist. 14. Street trees are required to the satisfaction of the City Arborist. Code Requirements: 1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone & cable TV), to the satisfaction of the Director of Public Works. Utilities to new residences shall be underground. 2. Street trees shall be planted prior to recordation of the final map, to the satisfaction of the City Arborist. 3. Development of Parcel 2 shall be subject to development impact fees for parks and recreation purposes (QUIMBY Act) and Traffic Impact Fees as required by City Ordinance. 4. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 5. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model 5-22 Attachment 6 Resolution No. (2002 Series) MS 34-02(Muniz Minor Subdivision) Page 5 space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 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 200_. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: i tto a of rgensen 5-23 Attachment 7 RESOLUTION NO. (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE MAP FORA MINOR SUBDIVISION LOCATED AT 497 ISLAY STREET MS 34-02 (SLO 02-0083) WHEREAS, the City Council conducted a public hearing on June 4, 2002, and has considered testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, the City Council has considered the Negative Declaration of environmental impact as prepared and adopted in 1993 (ER 155-93) for a subdivision of this property. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to the earlier NEGATIVE DECLARATION, including revisions or , mitigation measures that are imposed upon the proposed project, nothing further is required. (ER 155-93 attached hereto as Exhibit A.) SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into two with an exception to the subdivision ordinance regarding lot width and to the zoning ordinance regarding sideyard setback, and after consideration of staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The site is not suited for the type and design of the subdivision. 2. The property to be divided is not of such size or shape, or is not 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 (Title 16, Subdivisions, of the SLO Municipal Code). 3. The exceptions will be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4. Granting the exceptions is not in accord with the intent and purposes of the Subdivision ordinance, the Zoning Regulations, and is not consistent with the general plan or other City adopted plans and standards. SECTION 3. Denial. The request for approval of Tentative Parcel Map No. MS 34-02 (County Map No. SLO 02-0083) with an exception to the Subdivision Ordinance §16.36.160 and Zoning Ordinance Chapter 17.16, for property at 497 Islay, is hereby denied. 5-24 Attachment 7 Resolution No. (2002_Series) MS 34-02(Muniz Minor Subdivision) Page 2 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 , 200_. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: otw.-,� it toi y J J ensen 5-25