HomeMy WebLinkAbout06/15/1993, 1 - LOT LINE ADJUSTMENT LLA 42-93 (COUNTY NO. SLOAL 92-156): REVIEW OF A PROPOSED LOT LINE ADJUSTMENT T II(unIV1II�IIIII��I IIQIII MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:,
FROM: Arnold Jonas, ommunity Development Director
PREPARED BY: Greg Smit/h, Associate PlanneVIT-)
SUBJECT: Lot Line Adjustment LLA 42-93 (County No. SLOAL 92-156) :
Review of a proposed lot line adjustment to create a flag
lot and a standard lot from two standard lots located on
the south side of Luneta Drive, between Palomar Drive and
Tassajara Street.
CAO RECOMMENDATION:
Adopt a resolution approving lot line adjustment application LLA
42-93.
DISCUSSION:'
Background
The applicant proposes a lot line adjustment, to create a flag lot and
a standard street frontage lot from two standard frontage lots. The
Community Development Director has the authority to approve lot line
adjustments which do not involve exceptions to City standards. This
request has . been referred to the Council because of special
restrictions applied by the Council when the subdivision was
originally created.
Data Summary
Address: 585, 593 Luneta Drive
Applicant: D. J. Moore
Representative: Thomas E. Baumberger
Zoning: R-1
General Plan: Low Density Residential
Environmental Status: Categorically exempt
Project Action Deadline: July 3, 1993 (for Director's recommendation)
Site Description
The site comprises two 50x160-foot parcels, and has a slope of
approximately 13%. Numerous mature trees are located on the site.
Total area of the site is approximately 16, 000 square feet. The site
is surrounded by detached residences on three sides, with apartments
— and a fraternity house across Luneta Street.
LLA 42-93
Page 2
Application Description
The applicant proposes adjustment of lot lines between two existing
lots to create a flag lot and a standard street frontage lot. The
front lot would have 80 feet of frontage on Luneta, with a depth of
90 feet, and a lot 'area of 7,200 square feet. The rear lot would be
100 feet by 70 feet, with a lot area of 7, 000 square feet. The 90-
foot by 20-foot access flag to the rear lot is excluded from the lot
area calculation. Both lots would meet minimum requirements for lot
area and dimensions. The proposed flag lot access driveway would
comply with applicable standards from the Parking and Driveway
Standards and Grading Regulations.
EVALUATION
1. 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, because of prior
Council action on a parcel map which proposed the same lot
configuration.
2. Suitability for Deep Lot Subdivision
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. "
The Council adopted a specific finding to the contrary in 1989
(application MS 89-053, resolution attached) . The Council approved
the tentative map which split off the two 50xl60-foot lots from the
adjoining parcel to the south, but rejected a proposed flag lot layout
identical to the one currently proposed.
Two factors were cited by the Council as the basis for the 1989
action:
- The site can be subdivided by providing standard street
frontages.
The current configuration of the lots supports this finding. Prior
to the Council action on this site, however, six similar flag lots. had
been approved in the vicinity. Previous Councils had determined that
LLA 42-93 _.
Page 3
the feasibility finding was supported at those sites, with the most
recent approval coming in 1984 . Although the standard frontage lots
meet minimum standards, the flag lot configuration would provide wider
building sites and more separation between houses..
- The site is not physically suited for creation of a flag lot.
The Council concluded that the flag lot would result in more grading
of the site, due to the long access driveway to the rear lot.
Although the flag lot would increase the amount of the site to. be
graded, driveways and small yard areas could be created without
exceeding standards in the city's grading regulations.
The flag lot configuration would also be more likely to result in
removal of one or two mature trees located at the rear of the site.
An exception to the 16-foot pavement width, or a wider access flag,
would be needed to preserve one small pine tree near the front of the
site at the east property line, and to accommodate slope. banks for the
four-foot deep driveway cut.
Staff recommended approval of the flag lot in 1989, because the
advantages of the flag lot configuration - consistency with
surrounding development pattern and greater separation between houses
- outweigh the disadvantages of the flag lot configuration.
CONCURRENCES
Engineering staff notes that sewer and water laterals may need to be
relocated, if the adjustment is approved.
ALTERNATIVES
The Council may deny the lot line adjustment, if it is determined that"
the flag lot finding is not supported. Suggested findings are
included in the attached draft resolution for denial.
RECOMMENDATION
Staff recommends that the Council re-evaluate the site's suitability
for flag lot subdivision, and adopt the attached draft resolution
approving Lot Line Adjustment LLA 42-93.
Attachments: Draft Resolutions for approval, denial
vicinity Map
Preliminary Map
Subdivision Regulations 16.36.230, Flag Lots
Council Resolution - Prior Minor Subdivision
/3
#1 _ Approving
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF LOT LINE ADJUSTMENT
APPLICATION NO. LLA 42-93 (County .No. SLOAL 92-156)
AT 585 AND 593 LUNETA DRIVE
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. LLA 42-93, and the staff
recommendations and reports thereon, makes the following findings:
1. Development of the site would not be feasible with the
installation of a standard street, either alone or in
conjunction with neighboring property.
2. The design of the lot line adjustment is consistent with the
City's Zoning Regulations and Building Code.
3. The lot line adjustment complies with the Subdivision Map Act
and with City Subdivision Regulations.
4. The design of the lot line adjustment preliminary map or the
type of improvement 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.
SECTION 2. Conditions. That the approval of Lot Line
Adjustment Application No. LLA 42-93 be subject to the following
conditions:
. 1: A 24-foot access flag shall be provided to Lot 1.
2. 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.
3. The applicant shall submit a new deed with a revised legal
description for the. new lot configurations, to the Community
( I
Resolution No. (1993 Series) -
Page 2 \
Development Director for review, approval and recordation.
SECTION 4. Code _ Requirements. The following represent
standard requirements by various codes, ordinances, and policies of
the City of San Luis Obispo, but are not limited to the following:
1. Separate sewer, water and other utility connections shall be
provided for each parcel, in accordance with City standards,
and to the approval of the City Engineer.
2. Construction of new residential units 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
APPRO
City ministrative Officer C t to e -
/rV
412 - Denying
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING LOT LINE ADJUSTMENT
APPLICATION NO. LLA 42-93 (County No. 92-156)
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. LLA 42-93, and the staff
recommendations and reports thereon, denies the application, based
on the following findings:
1. The property can be developed by providing standard frontages
on a City street.
2.. The site is not physically suited to creation of a flag lot,
- due to existing topography and locations of mature trees.
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:
/r�
Resolution No. (1993 Series)
Page 2
City Clerk, Diane Gladwell
APaPRO ��Ci /�
st ative Officer
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16.36.190-16.36.240
approach is to have substantially larger lots or 16.36.220 Taxing district boundary.
open space use for the steepest areas. drainage No lot shall be divided by a taxing district
s,wales. rock outcrops. or shallow soils. boundary.(Ord.934§ 1 (pan). 1982:prior code S
Approval of the scheme of lot sizes and open 9107.3(H))
areas shall be at the sole discretion of the city.
Open space areas to be maintained for density 1636.230 Flag lots (deep lot subdivision).
reduction shall not be counted towards fulfill- Flag lou may be approved for sudividing deep
ment of parkland requirements, nor shall.the lou where development would not be :easibie
citv or subdivider be obligated to provide or with the installation of a standard street. either
maintain any recreational facilities in such alone or in conjunction with neighboring prop-
areas. (Ord. 934 6 1 (part), 1982: prior code erties,or where justified by topographical condi-
9107.3(D)) tions. Such subdivision shall conform with the
following:
1636.190 Multiple frontages.. A. The accessway serving the flag lot(s) shall
Single-family residential lou with frontage on not be included in thedetermination of required
more than one street are discouraged.except for lot area for any lot.
corner lou or where topography makes a single B. The original lot shall have frontage on a
frontage impractical. The city may require the dedicated street of at least the minimum length
release of access rights on one frontage which required by these regulations ,`or the zone in
shall be noted on the subdivision map. (Ord. which it is located.plus the accessway required
934§ I (pan), 1982: prior code§ 9107.3(E)) to potential rear lou.
- C. The accessway to the rear shall be at least
1636.200 Depth-width relationship.. twenty feet wide(with sixteen feet of pavement)
Lots with a ratio of depth to width greater for residential and conservation/open space
than three shall not be Permitted unless there is zones, except where the accessway is more than
adequate assurance that deep lot subdivision one hundred fifty feet long it shall be at least
will not occur or that deep lot subdivision and twenty-four feet wide with twenty feet of pave-
subsequent development will be accomplished ment.For all other zones.the accessway shail be
without detriment to adjacent properties. (Ord. at least thirty feet wide with a paved roadway at
934 § 1 (pan). 1982:prior code § 9107.3)(F)) least twenty-four feet wide.
D. Each lot shall have yards as required by
1636.210 Lot lines. the zoning regulations. A ten-foot yard shall.be
A. Lot lines should be at the top of slope provided along the access road pavement.
banks. E. The lot farthest from the street shall own
B. Side lot lines should be perpendicular to the accessway in fee. Other lots using the
the street on straight streets. or radial to the accesswav shall have an access easement over it.
street on curved streets. unless another angle (Ord.934§ 1 (part). 1982:prior code S 9 10 7.3(1))
would provide better building orientation for
solar exposure or more lot area to the south of
the !ikely building site. article IV. Design Criteria and
C. On corner lots. the lot lines adjacent to Improvement Standards
streets shall be rounded with a twenty-foot
radius. (Ord. 934 S 1 (part). 1982: prior code S 16.36.240 General requirement.
9I07.3(G)) The design criteria or subdivisions and the
_ required physical improvements for them shall
be in compliance with the city's grading ordi-
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ISan Lws Obmsvo 7,441
RESOLUTION NO. 6613 (1989 SERIES) -\
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE SUBDIVISION HEARING OFFICER'S
ACTION TO APPROVE THE TENTATIVE PARCEL MAP FOR MINOR
SUBDIVISION 89-53 LOCATED AT 580 SERRANO DRIVE
SUBJECT TO MODIFIED CONDITIONS
WHEREAS, the Subdivision Hearing Officer approved the tentative map for Minor
Subdivision 89-53 at a public hearing on April 14, 1989; and
WHEREAS, on April 19 and 24, 1989, appellants filed appeals requesting that the
council deny the tentative map; and
WHEREAS, on May 16, 1989, the City Council conducted a duly noticed public hearing to
consider the testimony of the appellant and other interested parties.
NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and
takes an action to approve the tentative map for Minor Subdivision 89-53, subject to the
following modified findings and conditions:
SECTION 1. Findings
1. The design of the minor subdivision 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-I zone.
3. The design of the minor subdivision and the proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoid2bly injure fish or wildlife or their habitat.
4. The design of the minor subdivision or the type of improvement will not conflict with
easement for access through or use of property within the proposed subdivision.
5. The Community Development Director has determined that the proposed minor subdivision
will not have a significant effect on the environment and has granted a negative
declaration.
6. The site can be subdivided by providing standard frontages on a city street, and the
site is not physically suited to creation of a flag lot subdivision.
6613 J
Resolution No. 6613 (1989 Series)
Minor Subdivision 89-53
Page 2
SECTION 2. COnditl ns.
I. Subdivider shall submit a final map to the city for review, approval'and recordation.
2. The final map shall show two equal lots, each with fifty feet of frontage on Luneta
Drive.
3. No trees shall be removed from the site in conjunction with subdivision improvements,
unless approved by the City Arborist and Community Development Director.
4. Subdivider shall install compensatory tree planting for trees already removed to the
approval of the City Arborist and Community Development Director prior to final map
approval. Value of trees planted shall be at least $2,065.00.
5. Both parcels shall be designated as sensitive sites (subject to architectural review
at the time of development) due to concern with preservation of existing mature trees.
SECTION 3. Code Reauir ment . That 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. Separate utilities shall be provided for each parcel,, to the approval of the Public
Works Department.
2. Street trees shall be planted for every 35 feet of street frontage, to the
satisfaction of the City Arborist.
3. Park-in-lieu fees shall be paid for one additional parcel, as determined by the
Community Development Department.
4. Water acreage fees shall be paid for Parcel 2 prior to final map approval. Fees shall
be determined by the Utilities Department.
5. All improvement requirements of MS 86-322 shall become requirements of this
subdivision if not completed prior to final map approval.
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Resolution No. 6613 (1989 Series)
MS 89-053
Page 3 �
On motion of Councilman Sett seconded by Councilwoman Pinard
and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, and Mayor Dunin
NOES: Councilman Reiss
ABSENT: Councilwoman Rappa
the foregoing document was passed and adopted this .16thday of May ,
1989.
'Prayor Ron Dunin
i
ATTEST:
JA
City Cl rk Pam Vagey
APPROVED:
City A inistrative Officer
City Attorn ,vim
Community Development Director
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III lllli city of sAn tuis OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
May 20, 1993
Mr. Thomas E. Baumberger
106 Santa Rosa Street -
San Luis Obispo, CA 93405
Dear Mr. Baumberger:
The San Luis Obispo City Council will hold a public hearing to consider a request for a lot
line adjustment creating a flag lot at 585 and 593 Luneta Drive.
The meeting is scheduled for Tuesday, June 1, 1993, beginning at 7:00 p.m. in the Council
Chambers of City Hall, 990 Palm Street. Other hearings may be held before or after this
item. Please know that if you challenge this action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City Council at, or prior to,the public hearing.
For additional information or questions concerning this item, please contact Greg Smith,
Associate Planner, in the Community Development Department at 781-7174. The Council
agenda report with recommendations by staff should be available by the Wednesday before
the meeting.
Sincerely,
e R. Gladwell
City Clerk
DRG:klc
c: Gilbert R. Moore, 382 Thumbelina, Buellton, 93427
Greg Smith, Community Development Dept.
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
�� Telecommunications Device for the Deaf(805) 781.7410.
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DRfE - ITEM#
MEMORANDUM
DATE: May 24, 1993
TO: Mayor & Council
VIA: John Dunn, CAO
FROM: Arnold B. Jonas, Community Development Director
BY: Ronald Whisenand, Development Review Manage /
SUBJECT: Moore Lot Line Adjustment (LLA 42-93), 585 Luneta Drive
Community Development has been advised by the applicant of the above referenced project that
he will be unable to attend the June 01, 1993 hearing. The applicant has therefore requested that
this matter be continued to your June 15, 1993 hearing for consideration at that time. Staff has
no objection to the applicant's request for continuance.
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