HomeMy WebLinkAbout01/16/1990, 4 - CONSIDERATION OF A TENTATIVE PARCEL MAP CREATING TWO LOTS FROM ONE LOT, INCLUDING MINOR EXCEPTIONS 111%111 f� City Of S4 LUIS OBISPO DATE1-16-89
Oman 0 ORACMILAGENDAREPORT n'°""`
FROM: ,/Randy Rossi, Interim Community Development Director;
'LBy: Pam Ricci, Associate Planner
SUBJECT: Consideration of a tentative parcel map creating two lots from one lot,
including minor exceptions to the subdivision regulations, for property
located on the east side of Johnson Avenue, south of La Cita Court:
CAO RECOMMENDATION:
Adopt the attached resolution approving the parcel map creating two lots, based on
required findings, and subject to conditions recommended by the Hearing Officer, and
approving requested exceptions.
DISCUSSION:
The applicant wants to divide an existing 21,000 square-foot lot into two separate
parcels. Access to the lots will be provided by an existing common driveway that
currently serves the existing house, as well as the two lots directly to the west. Both
parcels have lot areas and dimensions that exceed minimum requirements for the R-1
zone contained in the subdivision regulations. However, exceptions to the subdivision
regulations need to be requested in conjunction with the parcel map because the location
of the existing house on Parcel 1 prevents the proposal from conforming with the criteria
for deep lot (flag) subdivisions.
The Hearing Officer considered the parcel map at a hearing on November 17, 1989. He
took the map under submission to make some editorial changes to recommended
conditions. On November 27, 1989, the Hearing Officer took an action to recommend
approval of the map to the City Council.
SIGNIFICANT IMPACTS
With mitigation measures noted in the attached initial study addressing concerns with
fire protection and a recommended condition of the map requiring architectural review
for development of Parcel 2, no significant environmental impacts are expected from the
project.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the council denies the tentative parcel map, a second house could not be constructed
on the lot and separately sold. However, the subdivider could apply for an administrative
use permit to allow a second dwelling unit on the undivided property (Section 17.22.010.,
Table 9, Footnote 2) because of the size of the property.
ill�ll� City of San Lt OBISPO
MIGA COUNCIL AGENDA REPORT
MS 89-317
Page 2
BACKGROUND:
Data Summates+
Address: 2858 Johnson Avenue
Subdivider: Irene Wabbel
Engineer: Jerry Michael
Zoning: R-1
General Plan: Low Density Residential
Environmental Status: A Negative Declaration on environmental impact was granted
by the Director on October 25, 1989.
Project Action Deadline: February 16, 1990
Site Description
The site is currently developed with a single-family house and garage. The lot is steepest
closest to Johnson Avenue. The topography of the rear of the site where the new lot
is proposed is moderately sloping, average cross slope of about 5%. The most significant
tree on the site is an Italian Stone Pine located in the northeastern corner.
EVALUATION �.
Like many of the lots in the vicinity, the site has limited frontage, but is very deep. For
this reason, several properties in the vicinity have been developed with deep lot (flag)
subdivisions where access to the rear of sites is achieved by common driveways.
While the site is large enough to develop an additional homesite consistent with density
regulations, its long configuration presents access difficulties. The subdivider is proposing
to use a common driveway to provide access to the proposed rear lot; however,
exceptions to the subdivision regulations, specifically Section 16.36.230 related to deep
lot subdivisions, need to be requested. These exceptions need to be approved by the
City Council.
The subdivision regulations indicate that "each lot shall front on a street". The
regulations provide for situations where frontage on a public street is physically infeasible
by including criteria for deep lot subdivisions. While the proposed subdivision will
function like a deep lot subdivision, it does not meet all of the requirements for such
subdivisions contained in the subdivision regulations.
I
r
IIIn� A���D� city Of SZ LUIS OBISPO
COUNCIL AGENDA REPORT
MS 89-317
Page 3
The two specific criterion that the proposal does not comply with are:
Section 16.36.230 D. - Requires a 10-foot yard along the access road pavement.
The existing house is set back 10 feet from the property line on the driveway side.
It is currently located 4 feet from the edge of the driveway pavement.
The 10-foot setback requirement was established to protect residents from the
noise and glare associated with vehicles using the driveway. Since the driveway
is already installed, approval of the tentative parcel map will not worsen
environmental conditions for residents of the existing house.
Section 16.36.230 E. - Requires that the rear lot own the accessway in fee
A deep lot subdivision was approved on the property directly west of the site
which is served by a common driveway. The existing house on the subject site is
also served by this driveway. Because of the location of the existing house on
the property, there is not sufficient space to install a complying common driveway
on either side of the lot. Therefore, the requirement for the rear lot to own the
driveway in fee cannot be accommodated in this case.
Staff feels that the intent of the requirement can be successfully fulfilled by
recordation of appropriate reciprocal driveway easements. The property owners
to the west have indicated that they are amenable to providing the required access
easements.
The recommendation section of this report provides the required findings to
approve the requested exceptions.
Conclusion
In staffs view, the proposed subdivision is an efficient and reasonable use of the
property. It allows development of a site which can comfortably accommodate another
house. The design of the subdivision is consistent with a number of other subdivisions
along Johnson Avenue.
The common driveway arrangement proposed will minimize driveway approaches along
Johnson Avenue and is the most sensible way to provide access to the proposed lot given
the location of the existing house.
Staff is proposing conditions designating Lot 2 as a sensitive site, requiring development
of that lot to be reviewed through architectural review, and a greater setback of new
construction on Lot 2 from the north property line, to address potential overlook
concerns.
7-
0111111111JJ8110o 1$ city of san IL' ompo
i01IMN COUNCIL AGENOA DEPORT
MS 89-317
Page 4
ALTERNATIVES
1. Approve the 'tentative parcel map including requested exceptions with
recommended findings and conditions or others that you feel are appropriate.
2. Continue review to allow revisions to the map or presentation of additional
information. Specific direction should given to the subdividers and staff.
3. Deny the tentative parcel map with findings that the site is not physically suited
for the type and density of development proposed and that proposed exceptions
are not warranted.
OTHER DEPARTMENT REVIEW
No other department has objected to the approval of this project. The concerns of other
departments have been incorporated into recommended conditions of parcel map
approval or mitigation measures of the initial study.
RECOMMENDATION
Adopt the attached draft resolution which: \
A. Concurs with the Community Development Director's determination of a negative
declaration based on the finding that there is no substantial evidence that the
project will have a significant effect on the environment with the incorporation of
recommended mitigation measures.
B. Approves the tentative map based on recommended findings and conditions.
C. Approves requested exceptions to Sections 16.36.230 D.& E. of the Subdivision
Regulations.
Attachments: Draft Resolutions
Vicinity map
8 1/2" x 11" copy of tentative map for MS 89-317
Letter from subdivider
Initial Study ER 59-89
Enclosure: Full Size Tentative Map
RESOLUTION 90'. (1990 Series)
A RESOLUTION OF THE COUNCIL OF .THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE PARCEL-MAP NO. MS 89-317
LOCATED AT 2858 JOHNSON AVENUE
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 Parcel Map No. MS 89-317 and the Hearing Officer's
recommendations, staff .recommendations, and reports thereof makes the
following findings:
1. The design of the subdivision is 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 subdivision is 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 will not conflict with easements for
access through (or use of property within) the proposed_
i subdivision.
5. The Community Development Director has determined. that the
proposed subdivision will not have a significant effect on the
environment and has granted a negative declaration.
SECTION 2.. Conditions. That the approval of the tentative map for
Parcel Map No. MS 89=317 be subject to the following conditions:
1. The subdivider shall submit a common driveway agreement to the
Community Development Department staff for approval and
recordation, consistent with the criteria contained in the city's
parking and driveway standards. The precise location of the
common driveway shall be accurately depicted on the final map.
The utility and access easement accommodating-the common driveway
shall continue onto Lot 2 to the approval of the Community
Development Department staff. .
Resolution No. (1990 Series)
Parcel Map MS 89-317
Page 2
2. The paved portion of the proposed utility and access easement
shall be a minimum of 20 feet..
3. The driveway leading to the existing garage on Lot 1 shall either
be painted a different color than the common driveway, or signage
shall be installed, to discourage vehicles parking in front of the
garage from encroaching onto the common driveway and blocking it.
4. The final map shall show necessary drainage and utility easements
on Lot 2 to the approval of the City Engineer.
5. The proposed water service for Lot 2 shall be accommodated in the
access and utility easement in the driveway so that it does 'not
cross Lot 1 without a utility easement.
6. Structures constructed on Lot 2 shall be equipped with automatic
fire sprinkler systems.
7. Lot 2 shall be addressed as assigned by the Community Development
Department. Addresses for both Lots 1 and 2 shall be posted near
the street frontage to the approval of the Community Development
Department.
B. Final map shall note that Lot 2 is determined to be a sensitive / \
site and that any new development on the lot .shall require city \,
architectural review and approval prior to the issuance of
building permits.
9. Final map shall note that new construction on Lot 2 shall be set
back a minimum of a 20 feet from the north property line to
address potential overlook concerns.
Code Requirement:
1. The subdivider shall pay water acreage fees as determined by the
City Engineer and park-in-lieu fees as determined by the Community
Development Department prior to final map approval.
SECTION 3. Exceptions. That the requested exceptions to Sections 16.36.230
D. & E. of the Subdivision Regulations be approved along with the tentative
map for Parcel Map MS 89-317 as follows:
1. That the property to be divided is of such size or shape, or is
affected by such topographic conditions, that 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) ; and
l
Resolution No. (1990 Series)
_- Parcel Map MS 89-317
Page 3
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.
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
1990.
Mayor
ATTEST:
City Clerk
APPROVED:
Li
4�ty Adm nistrative Officer
C y for y
community Development Director
i
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF TENTATIVE PARCEL MAP NO. MS 89-317
LOCATED AT 2858 JOHNSON .AVENUE
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 for Parcel Map No. MS 89-317 and the Hearing Officer's
recommendations, staff recommendations, 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 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 modification will be detrimental to the public health, safety and
welfare, or be injurious to other properties in the vicinity.
4. Granting the modification is not in accord with the intent and purposes
of these regulations, and is not consistent with the general plan and with
all applicable specific plans or other plans of the city.
SECTION 2. Denial. The request for approval of the parcel map and
requested exceptions to the subdivision regulations for Parcel Map No. MS 89-
317 is hereby denied.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES
ABSENT:
�8
Resolution No. (1990 Series)
Parcel Map No. MS 89-317
Page 2
the foregoing resolution was passed and adopted this day of
1990.
Mayor
ATTEST:
City Clerk
APPROVED:
'City AdIninistrative officer
yy tto ney
Community Development Director
�-9
VICINITY MAP
2 58 JOHNSON AVE.
MS 89-317 \/ - 0
O Jt
O
s ` y
.PIP '1` 1` O J=
d Rfo
o
u
� t
0
O O O
C •,a S
• . b _
. 0 QP
0 /O
OO �r O
f L
Y
O `�c q
t � r t
SO r
. ra 4 `• O
R
O
R-1-PD OO
O r SITL��r • O • � �~'� C
r°�., v a,.,
O
�.�•« • � Je
-L r•r
O
O O ' � �•b•�� ___CCC///
lu
O
t v\V/ O bci
R - 1
O
17�11�17 � �� f O •r.
R-4
° O
o
o ` O
tu,LM Ij ••� 1p; ! It
It r
M \• �� �' I
• � P
SII ` e?� � � •>t ; -... =.�. �,'� t ...e. • �
dis
41
. i
�i
• t
ISI ;
it,` I ♦
• i
i
ti � ♦.
�l
� � i orf � ♦
I �
September 21, 1989
Planning Department
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Re: Tentative Parcel Map No. SLO-89-317
Dear Planner.
I am submitting this proposal.to subdivide my lot into two lots.
The existing conditions are that I and my neighbor presently use a common drive to access our
garages. The common drive is on both of our properties as shown on the tentative parcel map.
The existing pavement is a minimum of 20 feet wide and serves our needs quite adequately.
The proposed subdivision will require two exceptions, that I'm aware of, to your Section
16.36.230 for flag lots. The first would be item 16.36.230 D regarding the ten foot yard next to
My existing house. At present the pavement is four feet from my house. Since this is an
existing condition I would ask that an exception be granted to Section 16.36.230 D. The second
exception would be to Section 16:36.230 E requiring that the access way be owned in fee.
Presently my house sits 11 feet off my property line and there would be no room to provide an
access way in fee. What I am proposing is a joint easement on both my neighbors and my
property which would grant access and utility easement to my proposed parcel as is now the
case. My neighbor has agreed and signed a memorandum of understanding to this effect.
I ask that you and the members of the city council visit the site and. observe that this is a very
well accessible lot in its present condition.
Sincerely,
Irene Wabbel
I.
�f_�o2
tY of san lues osisg
��ii i��lilll ii'�;+�j!�����'►lili�� INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION 2855'45 02hn-5[11 AVOI)e APPLICATION NO. ER 59'89
PROJECT DESCRIPTION pividpapo%;roar lv-O.5 acre sife inin +wn eparat p rLPIS.
APPUCANT Ra r+ ArA ZYPrIe WA66CI -
STAFF RECOMMENDATION: -
A NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPAREDBY R-Amf?1r-:L�Astncia PlAnner _DATE tOr2-3-69
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE
ve- L71 ftigTr cw
SUMMARY OF INITIAL STUDY FINDINGS
1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS .......,............................................ .. t�lOf►e.
B. POPULATION DISTRIBUTION AND GROWTH......................................... Nn ne
C. LANDUSE ......................................_.................................. Plnne-
D. TRANSPORTATION AND CIRCULATION .:......................_.....................��nne
E. PUBLIC SERVICES .............__................,......_........................... Mav6e
F. UTILITIES......................................._................................... M A)46 e
G. NOISELEVELS ......................_............................._............... Nolle -_-_
H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ..................... Nene,
1. AIR QUALITY AND WIND CONDITIONS.......:........................................ Non e
J. SURFACE WATER FLOW AND QUALITY ................................................ Wane_
K PLANT LIFE.................._.................. . Nnne
L ANIMALUFE.......................................................................
�nne
M. ARCHAEOLOGICALIHISTORICAL ......................._..........:................... None
N. AESTHETIC ...................................................................... Nn n E
O. ENERGWRESOURCE USE ............................................................ None
P. OTHER .......................
III.STAFF RECOMMENDATION Nega+ive Declaration wl+h mingaion included
'SEE ATTACHED REPORT se es
ER 59-89
Page 2
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The applicant is proposing to subdivide an existing 21,000 square-foot lot into two
separate parcels. Like many of the lots in the vicinity, the site has limited frontage,
but is very deep.
While the site is large enough in area to allow development of an additional homesite
consistent with density regulations, its long configuration presents access
"difficiifEies For`this reason, several propiirtids in the vicinity have been.developed
with deep lot (flag) subdivisions where access to the rear of sites is achieved by common
driveways. Similarly, the applicant is.proposing to.secure access to the proposed lot by
means of an existing common driveway that currently serves the existing house as well as
the two lots directly to the north.
The site is currently developed with a single-family house and garage. The lot is
steepest closest to Johnson Avenue.. The topography of the rear of the site where the new
lot is proposed is moderately sloping, average cross slope of about 5%.
II. POTENTIAL IMPACT REVIEW
E. Public Services
The Fire Department indicates that the proposed access driveway does not meet minimum
Uniform Fire Code requirements related to width, slope and turnaround.
Conclusion -
May be significant.
Mitigation Measure
The minimum paved width of the driveway shall be 16 feet and an automatic fire
sprinkler system shall be installed in the proposed house on lot No. 2.
F. Utilities
The city has adopted regulations to control increases in water use due to
development, and to help correct the current imbalance between water use and supply.
The lot split can be processed, but issuance of a building permit for the proposed
Parcel 2 may be postponed depending on the water situation at the time when house.
plans are submitted for review. Building permits will not be issued for new projects
(those received for discretionary review after 3-15-89) until the city's current
drought situation is relieved, either by adequate rainfall or by a substantial new
water supply, unless the applicant chooses to offset water use impacts.
Conclusion
May be significant.
ER 59-89
Page 3
Mitigation Measure
None required. The regulations limit issuance of building permits, and are expected
to mitigate water-use impacts. The city will allow a water allocation for a new
house on Parcel 2 if the property owner retrofits plumbing fixtures in the city to
save approximately twice the amount of water his/her house would use.
III. STAFF RECOMMENDATION
The staff recommends that a Negative Declaration be issued for the project incorporating .
mitigation measures.
y-�s
ENVIRONMENTAL REVIEW ER 59=89
SUMMARY OF MITIGATION MEASURES
In conformance with AB 3180, the following mitigation measures will be monitored by
reviewing the plans during final map check and building permit plan check:
1. The minimum paved width of the driveway shall be 16 feet and an automatic fire
hall be installed in any house proposed on lot No. 2 of the
sprinkler system s
subdivision.
2. If the Community Development Director determines that the above measures are
ineffective or physically infeasible, he may add, delete or modify the mitigation to
meet the intent of the original measures.
pr#7:er59-89
I
-
' - '
� [���� ' �����&
.~-�~/�.~,�»m. -TING w������r`
��
. _` ���� �� 0���� �� u, �"n`� � '_-
o�RECEIVED�� U� �� �� �
' Councif F�8��� » n��= �
.
_ -~
JAN �� � 99�
ily Atty.
p
�� ��CLERK
-Yr A. HAMNAA1 SAN LUIS O$ISPO.CA
2797 Flora Street
San Luis Obispo� CA 9341
December 28, 1898
San Luis Obispo City Council
P.O. Box 3100
San Luis Obispo, CA 93403
Attention : Rom Dunin , Mayor
Re: Proposed splitting of lot at 2858 Johnson Avenue by
Robert and Irene Wabbel .
Dear Mayor Dunin :
At the beginning of this month we received notice that
you will be considering the feasibility of splitting the
above referenced property. I am writing to ask that yOu
deny the request both in light of the water crisis presently
faced by our city and because of the negative impact such a
�
split would have on our property, a property at which my
` wife and I have resided for seventeen years .
`
Over the past several years we have watched somewhat
sadly as the pasture lands in our neiQ. hborhood were slowly
replaced by homes; we realize, however, that some growth in
San Luis Obispo is not only necessary but desirable. We
appreciate how difficult it is for the council to wrestle
With each proposal to split existing lots, always wondering
about water, always weighing potential benefits to those
making the proposals against loss of privacy and resale
profits to current residents.
My wife Grace and I breathed a sigh of relief when we
purchased our property at 2797 Flora Street almost two
decades ago. We had lived for the previous several years in
a large house on a busy, noisy corner lct . Imagine our
delight when we i-rio,ed into our home on a quiet, private, cul
'de sac , a home surrounded by lots with
\ houses located well away from our own . It irattered not to
us that the home was considerably smaller than the one we
left. What we wanted was serenity , quiet, privacy, and that
is exactly what we received -` and what we have enjoyed
every day since.
'
�\ �
' s' the
drawin
As you can see by looking at the encloseg
Wabbels would like to create two lots where one now exists.
While this would no doubt make good financial sense for
them, it couldcreate a situation that would negatively
affect us for years to come. The potential scenarios are
-
~~~.
many several students crammed into a house where wild
parties could occur, a two story home looming overhead.,
blocking for eight months of the year the considerable
direc+ Sunlight our roses and other plants now enjoy and
necessitating expensive and undesirable changes in
landscaping . Unfortunately, even a small house built
relatively close to the front of the lot would be
problematic , increasing density, creating additional noise,
and putting additional strain on the city' s meager water
resources. If the present lot is split, any building
erected on the new lot could seriously affect our privacy
and tranquility.
Grac� and I have enjoyed immensely living in San Luis
Obispo. In fact, we have been so happy in our home that we
agreed iong ago that this would be our last move. We do not
want to prevent others from enjoying the benefits of this
neighborhood : however, the proposed lot split would create
such undesirable crowding that it would alter forever much
of what we value about living here, creating two
unsatisfactory homesites , the proposed one and our own .
` .
We. ask that you deny permission for a lotsplit at 2858
Johnson Avenue .
Rins:peCt.full
William E. Bowen
cc : Ron Dunin , Peg Pinard , Penny Rappa, Jerry Reiss, Bill
Roalman
encl : J. 2 drawings indicating the close proximity of the
rear of our residence to the adjoining property .
2. Photographs
3. Video Tape
\ /
C
Tis
- I wtw
-Ab
41
-J
`1
Ln
\ = N S
II N r
a m
a m
O
Z O
3
N D m
m �o
N
S O
D T
m O
o c
m -i
r M
r
O m m
A
II
1