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HomeMy WebLinkAbout04/20/1993, 3 - REQUEST FOR EXCEPTION TO SUBDIVISION REGULATIONS, TO ALLOW REDUCTION OF SETBACK FROM ACCESS ROAD FR ���N������INllllll�lfl�ll�llll M ING DAT �Illllull CB"J of san tuts oBispo COUNCIL AGENDA REPORT ITEM NUMBER: 0 FROM: Arnold Jonas Community Development Director PREPARED BY: Greg Smith, Associate Planne<T-;--> SUBJECT: Request for exception to Subdivision Regulations, to allow reduction of setback from I access road from 10 feet to 0 feet for a flag-lot line adjustment on the southwest side of Fixlini Street, southeast of Ella Street. CAO RECOMMENDATION: Adopt a resolution approving exceptions to flag-lot width and setback standards and approving Lot Line Adjustment Application LLA 142-92 (SLOAL 92-083). DISCUSSION: Background The applicant proposes a lot line adjustment, to create a developable flag lot behind an existing house which was built on two adjoining lots. Council approval is required because the request involves an exception to the Subdivision Regulations. An administrative use permit requesting a fence height exception along the northwest property line will be considered by the Hearing Officer at a future date. Data Summary Address: 2039 Fixlini Street Applicant/Owner: Paul and Dixie Cavigli Zoning: R-1 General Plan: Low Density Residential Environmental Status: Categorically exempt from review. Project Action Deadline: September 24, 1993 Site Description The site is two adjoining lots, each 50'x150', developed with a residence across the common lot line. The site slopes down from the Fixlini frontage at about 12%. Several trees and hedges have been planted on the property; there is no other significant vegetation. Application Description The lot line adjustment would create a 7,132 square foot lot with 79.25 feet of frontage on Fixlini Street, accommodating the existing house; and a 6,000 square foot lot (excluding access flag) at the back of the site. LLA 142-92 Page 2 The proposed lots would meet all standards for lot area, dimensions, cross slope, etc. However, the existing house would not meet the setback requirement in Section 16.36.230 D: "A ten-foot yard shall be provided along the access road pavement." Lot Line Adjustment Procedure City and State subdivision regulations establish a "streamlined" procedure for adjusting lot lines, where the proposed adjustment does not result in more lots than currently exist, and the lots meet all city zoning, building, and lot size regulations. The process does not require tentative or final maps, and does not require a. public hearing. Adjustments are approved by the Community Development.Director, and deeds which reflect the new lot descriptions are recorded. The City can establish conditions of approval only when necessary to ensure compliance with the standards noted. above. The procedure for this application is different than the one followed for most of those processed by the City, however. The setback requirement for flag lots is in the City's Subdivision Regulations; since only the Council has the authority to approve exceptions to those regulations, their approval is required for the exception and the lot line adjustment. EVALUATION: Staff has summarized several relevant issues for Council consideration in the following sections. 1. Suitability for Deep Lot Subdivision Special requirements for flag lot subdivisions are contained in Section 16.36.230 of the City's Subdivision Regulations (attached). They state that flag lots may be approved "where development would not be feasible with the installation of a standard street, either alone or in conjunction with neighboring properties." Staff believes that such a finding can be supported for the proposed project. As noted above, the proposed lots will comply with City standards for the R-1 zone. 2. Setback Requirements The existing house would have a 0 setback from the proposed 20.75-foot flag. Approximately 240 square feet of the existing house on Parcel 1 would encroach into the required 10-foot setback along the flag portion of Lot 2; remodeling to comply with the setback would involve major alterations. Some alterations will be required to comply with Uniform Building code requirements for fire protection at property lines. The UBC requires one-hour fire ratings for construction within three feet of a property line, and does not provide for exceptions to the requirement. One-hour construction typically involves elimination of windows and construction of a parapet. If existing bedroom windows are affected, new windows or interior modifications may be needed to meet emergency exiting requirements. There are four options for dealing with the two setback requirements:. �.a LLA 142-92 — Page 3 a. Approve the exception to the flag lot setback requirement, and approve an additional exception to the flag width to provide for the UBC setback requirement. The standards .require a 20-foot minimum flag width, and a 16-foot minimum driveway pavement width. Adjustments to provide a three-foot setback to the existing building, would result in a 17.75- foot flag width and 16-foot driveway. This would be similar to action taken by the Council in approving a deep lot subdivision in June, 1992 (MS 91-203, 1359 Bishop Street). This is the option recommended by staff. b. Approve the exception to the flag lot setback requirement, and require the owner to provide the one-hour protection required by the UBC. This option provides for compliance with all City regulations, if the exception is worded in such a way as to apply only to the existing structure: when the structure is eventually demolished, its replacement would be built in.accordance with whatever setback requirements are in effect at the time. c. Deny the exception to the flag lot setback requirement, and approve the lot line adjustment subject to a condition requiring demolition or modification to the existing house to meet the 10-foot setback. d. Deny the setback reduction and the lot line adjustment, based on a finding that proposed setback reduction is not appropriate.' CONCURRENCES Building Division comments regarding fire protection requirements are noted above. Fire Department staff notes that fire flows are adequate, since an NFPA 13 sprinkler system will be required for a house on the new lot; access to the new lot is acceptable. Engineering staff notes that provision should be made for overflow drainage from the new lot, if the storm drain sump pump should fail; this could be accomplished with an easement across the adjacent lot to the west, or by modifying the proposed low retaining wall to provide sheet flows across the westerly property line. Although the proposed improvements meet City standards, an easement to Johnson Avenue for private sewer and storm drainage would be preferable to the pumps proposed by the applicant. FISCAL IlAPACT Approval or denial of this project will not have any significant impact on City revenues or expenditures. ALTERNATIVES The council may approve or deny the exception and lot line adjustment, as noted in Section 2 above. Note that approval of exceptions requires that findings be made in accordance with Section 16.48.020 of the Subdivision Regulations (attached and incorporated in draft resolution). LLA 142-92 Page 4 RECONEM ENDATION Adopt the attached draft resolution approving exceptions to flag-lot width and setback standards and approving Lot Line Adjustment Application LLA 142-92 (SLOAL 92-083). Attachments: Draft Resolutions for approval, denial Vicinity Map Lot Line Adjustment Map Property Owner's Statement gtsl:LLA 14292.CC #1 APPROVING i RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF .SAN LUIS OBISPO GRANTING APPROVAL OF LOT LINE ADJUSTMENT APPLICATION NO. 142-92, AND OF REQUESTED EXCEPTIONS TO FLAG WIDTH AND SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 2039 FIXLINI STREET BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Findings. That this council, after consideration of Lot Line Adjustment Application No. 142-92, and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the lot line adjustment 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-1 zone. 3. The design of the lot line adjustment map 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 lot line adjustment will not conflict with easements for access through or use of property within the affected property. 5. The proposed lot line adjustment is exempt from environmental review requirements. 6. The lot line adjustment will not increase the number_ of parcels. 7 . The lot line adjustment complies with the Subdivision Map Act and with City Subdivision Regulations. i SECTION 2. Exceptions. The following exceptions to Section 16. 36.230 of the Subdivision Regulations are hereby approved: � f i Resolution No. (1993 Series) Page 2 - Reduction of access flag width from 20 feet to 17.75 feet. - Reduction of setback from access flag from 10 feet to 0 feet, for the existing principle residence on Lot 1 only. Approval of the exceptions is based on the following findings: 1. There are size, shape or topographic conditions affecting the site which justify approval of the requested exceptions. 2. Cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the exceptions. 3. The exceptions will not be detrimental to the public health, safety, or welfare. 4. The granting of the requested exceptions is consistent with the intent of the Subdivision Regulations and General Plan. SECTION 3 . Conditions. That the approval of Lot Line Adjustment Application No. 142-92 be subject to the following conditions: 1. The applicant shall submit a reduced copy of the preliminary map (8-1/2"x 11") that includes the date of survey, if any, and the date the map was prepared, and lists the record property owners. 2. The applicant shall submit a new deed with a revised legal description for the new lot configurations, and an application for a Certificate of Compliance, to the Community Development Director for review, approval, and recordation. 3 . If the existing principal residence located on Lot 1 is demolished or removed at any time in the future, applicant or subsequent owners of either or both parcels shall provide a 20-foot access way with a 16.-.foot driveway for access to Lot 2, prior to issuance of any building permit . This requirement shall be recorded as a covenant agreement, to the approval of the City Engineer and Community Development Director. 4. Grading plan shall be modified to provide for sheet flow of storm drainage across the southwesterly property line in the event of pump failure, to the approval of the City Engineer and Chief Building official. Resolution No. (1993 Series) Page 3 SECTION 4. Code Requirements. The following represent standard requirements required by various codes, ordinances, and policies of the City of San Luis Obispo, but are not limited to the following: 1. New structures on Lot 2 shall require installation of an automatic fire sprinkler system per NFPA 13-D. 2 . Separate sewer, water and other utility connections shall be provided for Lot 2. 3 . Construction of a new residential unit on Lot 2 shall be subject to compliance with City Water Allocation Regulations, and may require retrofitting of off-site properties with water conservation devices. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1993 . Mayor Peg Pinard ATTEST: City Clerk, Diane Gladwell APPROVED• Qi�tyAinistrative Officer t tt rn if2 DENYING RESOLUTION_ NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING LOT LINE ADJUSTMENT APPLICATION NO. 142-92, AND REQUESTED EXCEPTIONS TO FLAG WIDTH AND SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 2039 FIXLINI STREET BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Action. That this council, after consideration of Lot Line Adjustment Application No. 142-92, and the Community Development Director's recommendations, staff recommendations and reports thereon, denies the application, based on the following findings: 1. The proposed lot line adjustment would not comply with Section 16.36.230 of the Subdivision Regulations, requiring a ten-foot setback from the access flag of a flag lot. 2. Because the property can feasibly be developed by means of access to a dedicated City street, application of flag lot. standards is not justified or appropriate.. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1993 . 1 Mayor Peg Pinard • n d Resolution No. (1993 Series) Page 2 ATTEST: City Clerk, Diane Gladwell APPROVE City A inistra 've Officer C' or ey 2.Ct C. 40 V, < L-`0 I vtl v I 0 IX % WE 1% OV 0 0 'o e R-2b�i to LLA 14 9 A R-2 % 0 R-1 % 0Fp /Oop 0 r <10 DRO C.) W 01, KRiSTy CT - 0 (D 0 PF 1 I ol i t � .f tltlyeyy� lie 9g� 3 2 q s • s# i, .' �'•i , 37i� r a oil �e6 pp E 311 i ; 1 lg pp. $ 94 Nil; 4��.��-Re ��� @ �� gF.-3Eeg������� i I • 1 • Svc/ p��""ccyy/ \ 4 \ 7c� h_Q r � �/ �. i.� ♦\ �� �p/1 99 . lot NO 12 / jg y \ u_ 40 ! 7y' .�! C. K Fj 4p a .. a .�.. �. i' p E i All 51 NNft z n - F �i Oud 965 4-le4ccccat Land Zazuryin9 'Ai.#o,no, ea.. 93444 geogecLical (8o5J 489-6689 STATEMENT OF JUSTIFICATION '9ax (805Y 481-3938 FOR EXCEPTION TO SUBDIVISION STANDARDS LLA 142-92 (SLOAL 92-083) THE PROPERTY BEING SUBDIVIDED HAS AN EXISTING RESIDENCE THAT CAN NOT BE REASONABLY OR PRACTICALLY RELOCATED OR MODIFIED TO MEET THE (10) TEN FOOT SETBACK REQUIRED FROM THE FLAG ACCESS PROPERTY LINE. IT IS IMPRACTICAL AND UNDESIRABLE IN THIS PARTICULAR CASE TO MEET THE (10) TEN FOOT SETBACK. THE DRIVEWAY WILL HAVE LANDSCAPE AREAS ON EITHER SIDE AND SURROUNDING STRUCTURES WILL NOT BE AFFECTED. THIS REQUEST WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH AND WELFARE, OR BE INJURIOUS TO OTHER PROPERTIES IN THE VICINITY AS WE ARE REALLY NOT CHANGING ANY EXISTING CONDITIONS; ONLY IMPROVING AN EXISTING DRIVEWAY TO A NEW RESIDENCE IN THE REAR. WE FEEL THAT GIVEN THIS PARTICULAR SITUATION WITH AN EXISTING DRIVEWAY AND RESIDENCE AND THE FACT THAT ANY NEW RESIDENCE ON PARCEL 2 WILL MEET ALL SETBACK REQUIREMENTS THE GRANTING OF THIS MODIFICATION IS IN ACCORD WITH THE INTENT AND PURPOSES OF THE SUBDIVISION STANDARDS, AND IS CONSISTENT WITH THE GENERAL PLAN AND WITH ALL APPLICABLE SPECIFIC PLANS OF THE CITY. AN EASEMENT FOR ACCESS FOR MAINTENANCE OF THE RESIDENCE ON PARCEL 1 IS PROPOSED OVER THE FLAG PORTION OF PARCEL 2. THIS CAN BE INCLUDED ON THE FINAL MAP AND IN THE CC&RAS WHICH WILL BE REQUIRED FOR MAINTENANCE OF DRAINAGE FACILITIES. WE THEREFOR REQUEST APPROVAL OF THIS EXCEPTION 4LOU J. CABALLERO RC 25366 PROJECT ENGINEER ANG AGENDA DATE tagg2r&ITEM # LOUL .1nnof7affaw & c4iiOC. nu �'n9LnEe�a -fand <5- ameyou ewd Fngmm%Laq 965 l=e4eczest 1'and eSucveyuxg ev mo '�° , ca. 93444 �co�cc�txicaC 1805 489-6687 CITY OF SAN LUIS OBISPO S}°x [805] 481-3738 990 BALM STREET P.O. BOX 8100 SAN LUIS OBISPO, CA. 93403-8100 RItCE6V :.. APRIL 8, 1993 APR _ I;- ATT: HONORABLE CITY COUNCIL CITY OF SAN Luisc REF: LLA 142-92 (SLOAL 92-08) PER OUR CONVERSATION WITH GREG SMITH IT APPEARS THAT A 1 HOUR FIRE - WALL WILL BE REQUIRED BECAUSE OF THE ZERO SETBACK ON THE NORTHWESTERLY PROPERTY LINE OF PARCEL 1. IF THIS IS THE CASE WE REQUEST THE CITY COUNCIL ALLOW AN EXCEPTION SUCH THAT THE FLAG OF PARCEL 2 BE REDUCED TO (151) FIFTEEN FEET. AS PROPOSED THERE WILL ONLY BE (151 ) FIFTEEN FEET OF DRIVEWAY FOR ACCESS. THIS WOULD ALSO ALLOW THE FUTURE OWNERS OF PARCEL 1 TO HAVE (51) FIVE FEET OF YARD ADJACENT TO' THE HOUSE AND REMOVE THE NEED FOR AN EASEMENT FOR MAINTENANCE. ALSO; IF IN FACT THE I-HOUR FIRE WALL REQUIREMENTS INCLUDE A PARAPET WALL IT WOULD BE OUT OF CHARACTER WITH THE NEIGHBORHOOD. THERE IS AN EXISTING FIRE HYDRANT DIRECTLY ACROSS .FROM THE FLAG ENTRY WHICH SHOULD MAKE THE NEED FOR ACCESS TO THE REAR BY FIRE TRUCKS UNNECESSARY. ( THE FIRE HYDRANT IS SHOWN ON THE PLAN) SINCERELY, au.o LOU S J. CABALLERO GOrCW R 253 6 //•De�am Action C FYI .,zct Z CDD DIR C:.6 C RN.DI R. i CC CAVIGLI D�/.,G.O ❑ FIFECliLi s -mm"I£Y ❑ P.,DR. � y - �wCL'?IlJG?.iG, 1 POLICE ii. fi 17il:?_"ri ..l ML MR. 1 M 1 CREA^F,L11 G L.-' 'JLDiR.