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HomeMy WebLinkAbout04/06/2004, PH 1 - CONSIDERATION OF A LOT LINE ADJUSTMENT MAP WITH EXCEPTIONS TO THE SUBDIVISION REGULATIONS, 1720 SAN councilov l acEnaa Report 1�Nu.6 � CITY OF SAN LUIS OBISPO FROM: John Mandeville,Community Development Direct Prepared By: Philip Dunsmore,Associate Planner SUBJECT: CONSIDERATION OF A LOT LINE ADJUSTMENT MAP WITH EXCEPTIONS TO THE SUBDIVISION REGULATIONS, 1720 SANTA ROSA STREET (LLA 173-03). CAO RECOMMENDATION Adopt draft Resolution "A," approving a lot line adjustment, with exceptions to the Subdivision Regulations, based on findings and subject to conditions. DISCUSSION Data Summary Address: 1720 Santa Rosa Applicant: Mike & Denise Shandroff Zoning/General Plan: R-3-H; Medium High Density Residential- Railroad Historic District Environmental status: Categorically exempt as a minor lot line adjustment not resulting in the creation of any new parcel (CEQA Guidelines, Section 15305(a)). Situation The City has received an application for a Lot Line Adjustment (LLA) map between two commonly owned lots at the corner of Santa Rosa and Leff Streets (see Vicinity Map, Attachment 1). The property owners, Mike and Denise Shandroff, would like to adjust the southerly lot line of 1710 Santa Rosa Street in order to meet current Zoning Regulations yard standards and comply with a condition of approval of a Certificate of Compliance that was approved by the City in 2001 (see Attachment 5, Certificate of Compliance). The condition of approval required the property line setback to be corrected prior to separate sale of the properties. The existing 4-unit apartment complex on the property currently abuts the southerly property line adjoining 1720 Santa Rosa. The lot line adjustment would allow the apartment structure to have a seven-foot side yard as required by the Zoning Regulations (see Preliminary Lot Line Adjustment Map, Attachment 2). The project has been evaluated for consistency with the City's General Plan, Zoning Regulations, Subdivision Regulations and building codes and it has been determined that exceptions to lot area and width are necessary to approve the request. Normally lot line adjustment applications are acted on by the Community Development Director without the need for a public hearing. When exceptions are requested, the Subdivision Regulations require the application to be acted on by the City Council. I: Council Agenda Report—LLA 173-03 April 6,2004 Page 2 Site & Project Description The project site consists of two commonly owned non-conforming lots at Leff and Santa Rosa Streets. These lots are nonconforming because they do not meet the minimum lot area or depth- width requirements of the Subdivision Regulations. In the R-3 district, the minimum lot size is 6,000 square feet and the minimum lot width is 60 feet. Both lots are less than 6,000 square feet and both have widths of less than 60 feet. The site and surrounding neighborhood is zoned R-3-H (Medium High Density Residential with a Historic District Overlay) and developed with a variety of multi family and single-family residences. Lot A exceeds allowable residential density since lot A contains a 4 unit apartment, but the lot size only allows 1.5 density units. Lot B contains the maximum allowable density since it contains a 2-bedroom residence on a site with a density capacity of 1.3 dwelling units (a 3 bedroom unit would require a density of 1.5). The project involves moving the southerly lot line of 1710 Santa Rosa Street (referred to as lot "A" in Attachment 2) seven feet towards the south, increasing the lot area of 1710 Santa Rosa and decreasing the lot area of 1720 Santa Rosa (referred to as lot `B" in Attachment 2). This will allow the existing non-conforming 4-unit apartment building located on lot A to have a seven-foot property line setback and eliminate this non-conformity. The new property line would be located in the middle of a driveway that is utilized as a common access to a parking area for both 1710 and 1720 Santa Rosa. Originally, these two sites were developed as one property, and the parking and driveway areas were shared. A new common driveway agreement and easement will be required to ensure the continued shared use of the parking and driveway area currently serving the properties. The status of both lots is that they do not conform to the current minimum lot size and dimension standards. This will continue to be the case after the adjustment. However, the adjustment will allow the southerly property line setback for the 4-unit apartment structure on lot A to comply with current Zoning Regulations Standards. The adjustment, however, will increase the non-conformity of Lot B since the lot width and area will fall further below required standards as shown in Table 1 below. Requested Exceptions The proposed lot line adjustment requires the exceptions identified in bold in Table 1 below. Table 1: Comparison of Proposed Lots and R-3 Zoning District Standards Municipal Code Requirements Existing lots Proposed Project Lot A Lot B Lot A Lot B Minimum lot size: 6,000 square feet 3,504 3,622 3,842 sJ 3,284 0 Minimum lot depth: 90 feet 72.5 96.6 79.5 feet 96.6 feet Minimum lot width(Interior Lot): 60 feet (N/A) 37.5 feet (N/A) 30.5 feet Minimum lot width(Corner Lot): 70 feet 48.3 feet (N/A) 48.3 feet (N/A) Minimum street frontage: 40 feet 48.3 feet 37.5 feet 48.3 feet 30.5 feet Z Council Agenda Report-LLA 173-03 April 6,2004 Page 3 Evaluation The Subdivision Map Act limits a local agency's review of a lot line adjustment to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local General Plan, zoning and building ordinances. Although exceptions are being requested, the Subdivision Regulations provide a process for the City Council to approve exceptions if specific findings are made. Recommended conditions of approval are intended to insure consistency with City codes and policies and to insure compatibility with the existing neighborhood. The following is an evaluation of the lot line adjustment proposal in terms of consistency with City policies and standards and neighborhood compatibility. A. Consistency with City Policies and Standards In order to approve the requested exceptions to the Subdivision Regulations, the City Council must make four specific findings (SLOMC 16.48.020), as follows: 1. That the property to be divided(adjusted) is of such size or shape, or is affected by such site or 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. While the site is not affected by severe topographic conditions, it is constrained by the location of the existing improvements (i.e., four unit apartment and single family residence). Specifically, the siting of the existing structures and surrounding parcel configuration makes it impractical and undesirable to conform to thestrictapplication of the Subdivision Regulations. The structures would either have to be moved, demolished or modified and other lots would have to be adjusted and merged in order to allow these two lots to meet the minimum standards for area, width and depth. The proposed reduction in street frontage width for lot B of approximately 7-feet would allow the existing 4-unit apartment on Lot A to comply with the setback standards established for the zone and comply with the Building Code for minimum lot setbacks for a structure. Also, the proposed size and shape of Lot B will continue to accommodate the single-family residence and comply with the property development standards (i.e., height, setbacks, coverage) without the need for further exceptions. As mentioned above, the apartment on lot A exceeds allowable density and would continue to do so. The house on lot B would not exceed the maximum allowable density. No additional density would be allowed following the lot line adjustment. 2. 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 exceptions will not reduce any costs to the applicant associated with the property. It will allow the existing residential structures to remain in their present location without the need for building demolition or relocation. 3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. i3 Council Agenda Report—LLA 173-03 April 6,2004 Page 4 With the requested exceptions, the resulting lots will be consistent with the lot area and dimensions of other properties in the vicinity. A survey of surrounding parcel sizes shows that many comer lots in the vicinity do not meet the minimum width and area standards (see Attachment 3). Future development will need to comply with the City's Zoning Regulations and Community Design Guidelines for new development, which addresses architectural design, building height and setbacks, overlook and privacy, and protection of solar access. Therefore, granting this modification will not bedetrimental to the public health, safety and welfare or injurious to other properties in the vicinity. 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. The lot line adjustment is consistent with the purpose of the Subdivision Regulations because the proposed lot design will minimize conflicts between adjacent properties. The proposed exceptions are consistent with the General Plan Housing Element Chapter 1.10, which encourages the conservation of existing housing, the development and retention of housing on sites that are suitable for that purpose, and the production of a wide variety of housing types. General Plan Land Use Element Policies 2.2.6 and 2.2.10 support projects that are compatible with existing neighborhoods and development that occurs as part of a neighborhood pattern. The proposed project is consistent with these Land Use Element policies because the resulting lots are similar in size and dimension to other properties in the neighborhood. The lot line adjustment does, however, increase the non-conformity of Lot B in that it decreases the total lot area and decreases the lot width,both of which do not presently conform to the Subdivision Regulations standards as shown in Table 1 above. In addition to restrictions already in place due to density limitations on the properties, future development on both of these lots will be restricted due to Chapter 17.12.020 of the Zoning Regulations. This section of the Zoning Regulations describes that non-conforming lots that have been held in common ownership may not be individually developed unless the lots are merged or otherwise re- subdivided with other properties to create a conforming lot. Chapter 17.12 of the Zoning Regulations has been attached for reference as Attachment 4.. B. Neighborhood Compatibility The project site is located in an established medium-high density residential neighborhood. A survey of parcels in this area indicates that a significant number of properties have lot sizes less than 6,000 square feet and corner lot widths less than 60-feet (see Attachment 3). The properties immediately adjacent to the site have parcels of a similar size, dimension and orientation. Based on this information, staff finds that the proposed size and dimension of the lots is consistent with the lot pattern established in the neighborhood. /- 7 Council Agenda Report—LLA 173-03 April 6,2004 Page 5 Conclusion The lot line adjustment is solely to correct the southerly property line of lot A in order to help the existing development on that site comply with current building and zoning regulations and meet the conditions of approval of a Certificate of Compliance that was approved for the property in 2001. Staff is recommending approval of the adjustment based on the following: 1) The lot line adjustment will not result in a greater number of lots then presently exists. 2) The adjustment will not allow for a change in the development pattern of the sites and will not allow for greater density of development. 3) The appearance of the lots from the street will be consistent with the pattern and spacing of development in the vicinity and with the City's property development standards. 4) The resulting comer lot will be of a similar size and shape as other corner lots in the vicinity. 5) Granting the exception allows the existing 4-unit residential apartment complex to remain in its present location, and continues to allow driveway access to the adjacent lot. 6) No useful purpose would be realized by strict compliance to the regulations given the minor nature of the request. Approval of the lot line adjustment does not increase the opportunity for these lots to conform to the Subdivision Regulations standards for conforming lots, it only increases one of the lot's (Lot A) compliance with Zoning Regulations yard standards. In fact, the lot line adjustment decreases the conformity of Lot B while slightly increasing the conformity of Lot A. If the lot line adjustment is not approved, the existing construction will still be allowed to remain on the site as presently configured, however individual sale of the properties will be prohibited, consistent with condition 5 of the approved Certificate of Compliance (Attachment 5). CONCURRENCES The Public Works and Utilities Departments have reviewed the project and provided comments that have been incorporated into the recommended resolution as conditions of approval or code requirements. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. The Council may approve the lot line adjustment with modified findings and/or conditions. 2.. The Council may deny the lot line adjustment and or requested exceptions if the necessary findings cannot be made. 3. The Council may continue discussion if additional information is needed. Direction should be given to staff and the applicant. M1-� Council Agenda Report—LLA 173-03 April 6,2004 Page 6 ATTACHMENTS: 1. Vicinity Map 2. Reduced scale Preliminary Lot Line Adjustment Map 3. Nonconforming lots in the surrounding neighborhood 4. Chapter 17.12 of the Zoning Regulations "Non-Conforming Lots" 5. Certificate of Compliance 6. Draft Resolution "A" as recommended by staff 7. Alternative Draft Resolution `B" to deny the proposed project Ric name&Path: G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Subdivisions\1.LA 173-03\LLA 173-03 CC 3-16-04.doc l� R-3 H Att hment 1 �vG -3 �O -2- .5`py R- R- -3 �9 -3- 9� 2 9 •p -N- �y /O -3- PF -S -2 � GR fit$ �p �O F o wp. C-R-S- VICINITY MAP LLA 173-03 N 1720 Santa Rosa 1-7 A Attachment 2 e s W> x a la z�� $M G�O VH O u0 �{n w a0 j O,p J J.�00 f 1 O 7 LU w \ \ U. Z J ............. 2t O \ 0 3.o \ '00 7 L -- cicrif w,a •m-m�iE;6,L J "s�C p \. ,Cn{��1 { 133!!15 bSOa d1NVS g� d e s Attachment 3 Exhibit 1: Neighborhood surrounding 1720 Santa Rosa y� N Subject properties Lots highlighted in bold indicate some of the non-conforming lots found in the neighborhood. These lots are non-conforming due to insufficient lot depth, width or area standards. Attachment 4 city of san Luis osispo zonmq Reculatrons July 2003 r Chapter 17.12: NONCONFORMINO LOTS `y' Sections: {__q 17.12.010 Intent. 17.12.020 Regulations. ffr 17.12.010 Intent A lot having less area, width, depth or frontage than required by the Subdivision Regulations, as set forth in Title 16 of this code, for the zone in which it is located, but which was lawfully created prior to the effective date of regulations requiring such greater area or dimension, shall be considered a nonconforming lot These regulations are intended to provide for the reasonable use of such nonconforming lots, consistent with other standards adopted to protect the public health, safety and general welfare. (Ord. 941 - 1 (part), 1982: prior code-9202.3(A)) 17.12.020 Regulations. 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 t merger under Government Code Section 66451.11, 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 re-subdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly conforms. (Ord. 1346 (1999 Series) f An exception to the above merger requirement may be requested through an administrative 'Q use permit To approve the use permit, the Director must find that retention of the property 4 line(s) will not adversely impact neighborhood character. Factors that assure that neighborhood character is maintained include: 1. The regular spacing of buildings on the affected lots: when viewed from the street, is consistent with other developed properties within the same block; 2. Convenient and conforming access and parking is available to serve site uses. B. In an R-1 or R-2 zone, the merger or re-subdivision requirement set forth in the first paragraph of this subsection shall not apply to a nonconforming lot and contiguous commonly owned property where each of the parols has an area, width, depth and frontage equal to at least 80%of the minimum required in the Subdivision Regulations(Title 16 of this code). C. If a nonconforming lot has not been held in common ownership with any contiguous property since November 18, 1977, it may be individually developed. ' D. Property development standards shall apply to nonconforming lots, except that the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this chapter (see Section 17.16.010, Density). (Ord. 1102 - 1 Ex. A(5), 1987; Ord. 1085 - 1 Ex. A (part), 1987; Ord, 1006 - 1 (part), 1984: Ord. 941 - 1 (part), 1982: prior code - 9202.3(B)) paQC 24 /-/D AttachmenV5� JULIE ROF AD MF San Luis Obispo County—Clerk/Recorder 12/03/20 Recorded at the request of 10:42 A RECORDING REQUESTED BY AND Public WHEN RECORDED RETURN TO: DOC#: 2001093411 Titles: 1 Pages: ! City of San Luis Obispo Community Development Department III IIIIII I Fees 16.01 990Palm Street IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIITaxes0.013 San Luis Obispo, CA 93401-3249 Others o.00 PAID $ 0.01 CERTIFICATE OF COMPLIANCE CC 107-01A The following real property, as of the date of recordation of this document, has been determined to be in compliance with applicable provisions of the Subdivision Map Act of the State of California and the Subdivision Regulations enacted pursuant thereto by the City of San Luis Obispo, said real property as described as follows: Address: 1710 Santa Rosa Street Property Owner: Mike and Denise Shandroff APN: 003-556-016 Mailing Address: 1720 Santa Rosa Street San Luis Obispo, CA 93401 Legal Description: CY SLO Loomis Addition Block 178 portion Lots 1 and 2 (see attached Exhibits"A" and "B") This CERTIFICATE does not certify that the real property for which this certificate has been issued is suitable for development in accordance with the existing or future regulations, or that structures or other site improvements comply with local zoning and building codes. The City of San Luis Obispo does, hereby, find the following existing situations on this property: 1. This property is a legal parcel that was legally created prior to March.4, 1972 and adoption of the City's Subdivision Regulations. 2. According to the City building records, this lot and the adjoining lot 11720 Santa Rosa) were developed as one parcel. The combined density of the:.•e twu lots exceeds the current R-3 density standards. Any future development on the property that will increase density is not allowed. 3. The two parcels described in Exhibit "A" must be combined as one legal lot. 4. A portion of the parking for the existing four-unit apartment building on this lot is located at the rear of the adjoining lot (1720 Santa Rosa). If these properties are sold separately, a common parking and driveway agreement will be required to insure that the apartment building tenants have access to this required parking. l-il Attachment 5 Conditional Certificate of Compliance CC107-01 A Page 2 5. The existing four-unit apartment building is located on or over the southeasteriy lot line and does not comply with City setback requirements and.the Uniform Building Code. If these properties are sold separately, the existing apartment building must be brought into compliance with all applicable City Codes. Ci of San Luis bispo by C mmunity De elopment Director by: Ron Whisenand, Deputy Director-Development Review State of California } County of San Luis Obispo} On mmernber 9, 0 _, 200L, before me, Diane R. Stuart, Notary Public, personally appeared Ron Whisenand, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. o�laa sea. _ DUWE R STUAU Diane R. Stuart, Notary Public COMMISSION U-11S ISPOCOUN SAN uas oeis;�o oounm► my commision AM 20.2005 Capacity claimed by signer: Political Agency /- Iz 145 A M E R,ell ,, _ J Attachment 5 4 y ,a SLO-101443 LI EXHIBIT "A" PARCEL 1: All that portion of Lot 1 in Block 178 of Loomis' Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed January 4, 1877 in Book A, Page 126 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Southeasterly comer of Leff and Santa Rosa Streets as shown on said map; thence Southeasterly along the Easterly line of Santa Rosa Street, 38 feet; thence at right angles Northeasterly 48.3 feet to the line between Lots 1 and 2 in said Block; thence Northwesterly along said line, 38 feet to the Southerly line of Leff Street; thence Southwesterly along said line, 48.3 feet to the point of beginning. PARCEL 2: All that portion of Lot 1 in Block 178 of Loomis' Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed January 4, 1877 in Book A, Page 126 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the Northeasterly line of Santa Rosa Street, as shown on said map, 38 feet Southeasterly from the Northwesterly comer of said Lot 1 in Block 178, said point being the Southerly comer of the land conveyed to Jeffra A. Cullen, et ux., by deed dated March 13, 1928 and recorded March 17, 1928 in Book 47, Page 44 of Official Records; thence continuing from said point of beginning along said Northeasterly line of Santa Rosa Street, Southeasterly 34.55 feet, more or less, to the Westerly comer of the land conveyed to Henry Bahr, by deed dated April 24, 1902, and recorded May 14, 1902 in Book 50, Page 575 of Deeds; thence Northeasterly along the Northwesterly of said Bahr land, 48.3 feet to the line between Lots 1 and 2 in said Block 178; thence Northwesterly along said line, 34.55 feet, more or less, to.the to the Easterly comer of the land conveyed to Jeffra A. Cullen, as above described; thence Southwesterly along the Southeasterly line of said Cullen land, 48.3 feet to the point of beginning. Atta+ hnlent 5 EXHIBIT"B" SIIi� / W �pp yy� e .fi .44R E"V) gal d � � 9 _p p { jj pp ware .1 r "it81{x! �b �R ° �� $d� v . C'. a ` �. d 888888 " o e a Sm� =J 33 j g y� g gy , i I 11 11 Ail ¢33 fl, 11 f 1 0 7 • � —� �� i1TiTTi' O Wcr \ \ nV/ o LL \ \ LL Y^ IN ° .a'" a mace. w\ \V co wm \ \ 1 1 \ 0 0 ° 'Oy^oyTr o n\ \ air aim f 133HIS V S 0 H V I N V S I. 2 e a END OF DOCUMENT i/y Attachment 6 Resolution A RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA AND WIDTH REQUIREMENTS FOR PROPERTY LOCATED AT 1720 SANTA ROSA STREET, (LLA 173-03). WHEREAS, the City Council conducted a public hearing on April 6th, 2004, 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 lot line adjustment and minor subdivision exceptions are in substantial compliance with the Zoning and Building Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as provided for by California Environmental Quality Act Guidelines, Section 15305 Minor Alterations in Land Use Limitations. 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 173-03), the applicant's statement, staff recommendations and reports thereof, makes the following findings: 1. 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. With minor exceptions to the Subdivision Regulations, the resulting parcels from the lot line adjustment will conform to the City's Zoning Regulations and building codes. 3. The site is physically suited to the type and density of development allowed in the R-3 zone. 4. The proposed lot line adjustment is categorically exempt from environmental review, pursuant to Section 15305 of the CEQA Guidelines. 5. The property to be divided is of such size or shape, or is affected by such site or topographic conditions, that it is impossible, impractical or undesirable, in this particular case, to conform to the strict application of the regulations codified in Title 16 of the Municipal Code (Subdivision Regulations) because the site is constrained by the location of an existing residential structure and adjacent structures that would need to be moved, Attachment 6 Resolution No. (2004 Series) Page 2 demolished or modified to provide a corner lot that meets the minimum standards for area and width. 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification because the adjustment will simply increase the conformance of the existing property conditions, and allow the existing residential structure to remain in its present location without the need for building demolition or relocation. 7. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the resulting parcels are consistent with the lot area and dimensions of other properties in the vicinity and future development will need to comply with the Zoning Regulations and Community Design Guidelines for new development. 8. 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 because the proposed lot design will minimize conflicts between adjacent properties and is designed to help support a desirable living environment on the. site. SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA 173- 03) with exceptions to the Subdivision Regulations for lot area and width, is hereby .approved subject to the following conditions. Conditions: 1. All future development on the affected properties shall comply with the provisions of the Zoning Regulations, including building height, setbacks, lot coverage and parking, unless said exceptions are approved by the City as exceptions to the Zoning Regulations. 2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment", along with the recording and processing fees, and an 8 '/z" x I I" map exhibit suitable for recording, to the Public Works Director for review, approval and recordation, based on samples available in the Community Development Department. 3. A separate exhibit showing all existing public and private utilities shall be approved to the satisfaction of Community Development Director and Public Works Director prior to recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas, electricity, telephone, cable TV, and any utility company meters for each parcel if applicable. Any utility relocations shall be completed with proper permits prior to recordation of the LLA. Otherwise, easements shall be prepared and recorded to the /—lc� Attachment_6 Resolution No. (2004 Series) Page 3 satisfaction of the Community Development Director, Public Works Director and serving utility companies. 4. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility relocations or easements if applicable shall be shown to comply with all codes and ordinances for all properties included in the LLA to the satisfaction of the Building Official. 5. A revised parking and driveway agreement shall be reviewed by the City prior to recordation of the lot line adjustment. The agreement shall be recorded in conjunction with the lot line adjustment. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 6th day of April, 2004.. . Mayor David F. Romero ATTEST: City Clerk Lee Price APPROVED AS TO FORM: City rney Jonathan Lowell /`1/ ' 6 Attachment 7' Resolution B RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA AND WIDTH REQUIREMENTS FOR PROPERTY LOCATED AT 1720 SANTA ROSA STREET, (LLA 173-03). WHEREAS, the City Council conducted a public hearing on April 6, 2004, 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 lot line adjustment and minor subdivision exceptions are not consistent with the Zoning and Building Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as provided for by California Environmental Quality Act Guidelines, Section 15305 Minor Alterations in Land Use Limitations. 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 173-03), the applicant's statement, staff recommendations and reports thereof, makes the following findings: [Council specifies findings for denial] SECTION 2. Denial. The Lot Line Adjustment at 1720 Santa Rosa (LLA 173-03) is hereby denied. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 6`h day of April, 2004. Attachment 7 Resolution No. (2004 Series) Page 2 Mayor David F. Romero ATTEST: City Clerk Lee Price APPROVED AS TO FORM: City Attorney Jonathan Lowell I J,�