HomeMy WebLinkAbout02/06/1990, 1 - APPEAL OF HEARING OFFICER'S DECISION DENYING A TENTATIVE PARCEL MAP CREATING TWO LOTS FROM ONE LOT, 1`
MEE111 G DATE:
city of san lues osispo � -90
COUNCIL AGENDA REPORT
FROM: Arnold Jonas, Community Development Director; By: Jeff Hoo ssociate Planner
SUBJECT: Appeal of Hearing Officer's decision denying a tentative parcel map creating
two lots from one lot, at 1778 Alrita Street, at the northeast end of Alrita Street adjacent
to the City limits.
CAO RECOMMENDATION: Adopt resolution denying the appeal and the tentative map.
BACKGROUND
The subdivider wants to split a one-acre hillside lot. Parcel 1 would have about 32,000
square feet, and include the subdivider's existing 3-bedroom house. Parcel 2 would have
about 11,000 square feet, and would be developed with a new house. Access to the parcels
is via an existing 20-foot wide private driveway easement from Alrita Street. Neither lot
would have street frontage, so a council exception from subdivision standards is requested.
At the September 29, 1989 Director's subdivision hearing, this item was taken under
submission. On October 9, the Director denied the tentative map based on six findings
(minutes attached). Staff is concerned that the lot split could exacerbate an existing
resource deficiency in the neighborhood. Utilities and Fire Department staff note that
there is insufficient water pressure and flow to meet fire protection needs for this and
neighboring properties. The Director's subdivision actions are appealable to the City
Council.
SIGNIFICANT IMPACTS
No significant impacts will result from the subdivision if the recommended mitigation is
included with the project. However construction of an additional house poses public safety
impacts, since the City would not be able to provide adequate fire protection to the new
house. Water pressure and flow for domestic use appears adequate to serve the proposed and
existing house, although inadequate pressure levels could occur due to occasional, higher-
than-normal water use by downhill neighbors. The lot split creates the expectation of and
potential for additional development. To accommodate additional development, the City
may incur significant costs to improve water service and fire protection for the Alrita Street
neighborhood.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the appeal is upheld and the subdivision is approved, special measures need to be taken
to provide adequate fire protection for the new house, and possibly, to upgrade the
neighborhood system. Utilities staff estimates that the cost to upgrade the neighborhood's
water service may be $250,000. These improvements have not been studied or designed, and
are not included in the City's Capital Improvement Program and FY1989-90 budget.
DATA SUMMARY
Subdivider/Property Owner: Earle Murie
Representative: Dan Hutchinson, Contract Survey and Design
Zoning: R-1 and C/OS-40
General Plan: Low-density Residential and Conservation/Open Space
Environmental Status: Mitigated Negative Declaration granted August 29, 1989
Site Description: The site is bordered on three sides by houses. It covers about one acre
and has one house. It is zoned R-1 on its lower one-half, and C/OS-40 above the 520-foot
contour elevation. The site slopes down to Alrita Street at an average grade of 23 percent
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MY of sari tins 081spo
=WRIGN COUNCIL AGENDA REPORT
Staff Report
Page 2
for the entire site, and 17 percent for the new building site. The site has ornamental
landscaping around the house, and a small orchard on the slope bank just downslope from
the house.
HEARING OFFICER'S ACTION
On September 29, 1989 the Hearing Officer took the item under submission, to allow other
city departments to comment on the tentative parcel map. On October 9, 1989, the Hearing
Officer denied the tentative map based on Utilities and Fire Departments' determination
that a resource deficiency existed, and recommended against the lot split. Aside from
resource concerns, Community Development Department staff supported the lot split.
BASIS FOR THE APPEAL
In discussions with staff, the appellants acknowledged that a water supply problem existed
but disagree with staff's contention that the lot split would jeopardize water service or fire
protection for other houses in the neighborhood. They point out that the situation has
existed for over 20 years, and that other development has occurred in the neighborhood
during that time without raising resource concerns. They are willing to consider installing
a water tank, pump, and well on their property so that there is no added demand on the
neighborhood's water supply system. But they object to the Fire Department requirements
in that they: 1) hold the project to a higher standard of fire protection than exists for
neighboring houses; 2) are excessive in terms of the actual increased demand created by one
additional house; and 3) are inconsistent with past city actions dealing with hillside water
supply deficiencies.
EVALUATION
General Plan/Zoning Consistency
The lot split appears consistent with General Plan policies for residential development. The
Land Use Element sets a density standard of four to seven dwelling units per net acre in
the R-1 zone. Allowed density is reduced to four units per net acre on sites with an average
cross-slope of 16-20 percent. As recommended by staff, the subdivider enlarged Parcel two's
lot area to meet slope/density standards. As revised, the tentative map complies with all
subdivision and zoning standards for lot size, dimensions, setbacks, and slope/density. It
does not comply with Subdivision Regulations for street frontage, since both parcels would
be served by a common driveway within an existing driveway easement to Alrita Street.
City standards call for the rearmost lot to own the accessway in fee, and have a street
frontage of at least 20 feet unless the council grants an exception.
Although this request is for tentative map approval only, the applicant has submitted plans
for the new 1900-sq. ft. house they hope to build on Parcel 2. The house size and design
are compatible with neighboring houses, and can be accommodated on the site. A
soils/geology report was prepared due to the site's location in an area designated in the
Seismic Safety Element as having a high landslide hazard. The report indicates that the site
is suitable for the proposed development, and recommends specific drainage, foundation
design, and utility trenching measures. The Director's mitigated negative declaration
requires additional measures to ensure protection of neighbor privacy, erosion protection,
adequate drainage measures, and architectural compatibility. Since the new house would
be located near the R-1 and C/OS-40 zone boundaries, it is considered a sensitive site and
would be expected to meet hillside design standards.
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COUNCIL AGENDA REPORT
Staff Report
Page 3
Grading and Access
About one-half of proposed Parcel 2 would be graded to create a building pad for the new
house. No retaining walls would be necessary at property lines, and all roof and driveway
drainage would be directed to Alrita Street. The existing house has a 20 ft. wide access
easement to Alrita Street, and the driveway would be widened, regraded and repaved to
meet city driveway standards -- including Fire Department access requirements. A
"hammerhead" turnaround is proposed to allow cars to exit in a forward direction.
Utilities
A portion of the Alrita Street neighborhood (see attached service area map) is served by a
pump station and a small storage tank. The system was designed and built in the late 1950's
to provide domestic water service and fire protection for the Alrita Street neighborhood
above Flora Street. In the 1970's, the Bahia Court lots were developed and connected to a
new water main. Properties above Bahia Court remained on the original system. Since the
pump station was installed, city fire protection requirements have increased, and the system
cannot meet current standards.
The system consists of two 15-horsepower pumps and a 2500-gallon tank which provide a
combined flow rate of 350 to 400 gallons per minute. The static water pressure (as
measured at the street near this lot split) is 54 pounds per square inch, which is about
normal for water distribution system operation. However the size of the pumps and tank
do not provide enough flow for adequate fire protection. Based on staff's investigation,
it appears that the new lot can be supplied with enough water for domestic purposes with
minimal interruption; however there may be periods when water use is high in that area and
disruption to service will occur. The key resource deficiency problem is water supply for
fire protection.
There have not been any comprehensive city efforts to resolve the water supply problem.
However, measures were taken to provide a back-up water supply if the pump station fails.
These measures include: 1) limiting the number of houses on the system to the least
number possible, and 2) installation of a check valve near the corner of Alrita and Flora
Streets to provide emergency service. According to Utilities staff, the only alternative
available to adequately solve the supply problem is the design and installation of a larger
tank and pump station. The cost of such a project is estimated at $250,000; however less
expensive options to improve the situation may exist, such as upsizing the water pumps
and 3" connection between the water mains in Flora and Alrita Streets. Additional studies
are needed to identify improvement options and costs.
Fire Protection
The Fire Code requires that a fire hydrant capable of supplying the required fire flow for
a minimum of 30 minutes be available within 300 feet of all structures. In 1977, a water
study was completed for the City by Engineering Sciences Inc. which recommended that the
minimum acceptable fire-flow requirement for any structure be 1500 gallons per minute.
The study was received by the City Council, and is the standard the Fire Department now
uses.
The closest fire hydrant to the Murie property is in front of 1763 Alrita, over 300 ft. from
the proposed house. This hydrant is supplied by the pump station and small storage tank
described above. The hydrant has a flow rate of 320 gallons per minute when the storage
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00*26 COUNCIL AGENDA REPORT
Staff Report
Page 4
tank is full. If this hydrant is used it will deplete the tank's water supply in just over six
minutes, leaving the neighboring houses without water. Once the tank water is gone, the
sustainable hydrant flow drops to less than 100 gallons per minute.
If the lot split were approved, the city would not be able to provide adequate fire protection
under the present water system. The entire neighborhood served by the pump station faces
the same fire-flow deficiency, although most of the houses are within the required distance
from a fire hydrant. According to Fire Department staff, the addition of one more house
will impact the existing conditions in these ways:
1. There will be one more family in the area that can accidentally start a fire..
2. If there is a fire in the area, there will be one more house requiring water to protect
it.
The neighborhood is subject to wildland fires, and staff is concerned about adding new
development which could worsen an already undesirable situation. During the Las Pilitas
fire there was a severe water shortage in this area, and one house received substantial
damage. Fire crews were told not to hook up to the fire hydrant at 1763 Alrita because
there wasn't sufficient water available in the storage tank.
Fire Department staff does not support private fire protection systems which use on-site
tanks, pumps, or wells to provide the required fire flow. Their biggest concern is reliability.
It is extremely difficult to be sure that private systems will be operational when the need
arises. Monitoring devices are available, however, to give warning when water storage or
pressure drops below required levels. If the council supports the lot split, the Fire Marshall
recommends that the subdivider meet these requirements in lieu of providing the required
hydrant fire-flow:
1. Provide a 45,000 gallon water storage tank, with the base elevation of the tank a
minimum of 50 feet above the height of the fire hydrant.
2. Well water or another source shall be used to fill the storage tank. The tank must
also be connected to the City water system to ensure the tank is full at all times. It
would also need to be fitted with cross-connection protection, to County Health
Department standards.
3. Install a new private fire hydrant within 300 feet of the existing and proposed
houses on the Murie property. Hydrant shall be a city-standard hydrant for an R-
1 area.
4. Install a water supply line between the tank and the new private fire hydrant
capable of supplying 1500 gallons per minute.
5. Provide a NFPA 13D fire sprinkler system for the new house.
6. Allow the Fire Department to use the tank and new hydrant for wildland fire
protection, or to fight a fire in either of the two homes in this subdivision, by
written agreement with the City.
7. Comply with all other fire code conditions such as access and distance to structure
requirements.
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COUNCIL AGENDA REPORT
Staff Report
Page 5
Historical Context
The City's "604-A" ordinance was developed to "flag" resource deficiencies during
development review, and provide an orderly process to upgrade water and sewer systems,
concurrent with new development. Although the ordinance has been superseded by
Ordinance 839 (1980 Series), its basic effect remains: When new development requires city
participation in upgrading or replacing utilities, City Council review is required. Council
then determines to what degree, if any, the city should fund the necessary utility
improvements. If the council supports this lot split, it must also address the resource
deficiency prior to subdivision approval.
Councilmembers have previously dealt with situations similar to Alrita Street. In 1984, the
City approved a use permit extension allowing the Wendt house at the upper end of Buena
Vista, in Monterey Heights (U0819-A). To resolve a water flow deficiency, the owner was
required to contribute $2,000 toward installation of a new water main and standard fire
hydrant, with the balance of the cost paid by the city through the former "quarterly
funding" program. In addition, the use permit required that the owner install a private, on-
site fire protection system which included an underground water storage tank, pumps and
controls, and an automatic sprinkler system.
In 1978, the city approved a use permit for the Maloney house at 1900 Woodland Drive
(U0667). The owner was required to contribute toward the cost of extending a new water
main and installing a new fire hydrant to serve the property. As in the previous project,
the owner was required to install a private, on-site fire protection system consisting of a
10,000 gallon water storage tank, on-site wharf hydrant, private 3" water line and pump, and
sprinkler system. The fire protection requirements for these properties differed from the
Alrita situation in that both had more fire flow to begin with than is available on Alrita
Street; and the Maloney house was built. under the less-restrictive 1976 Fire Code.
As part of the Hillside Planning Program, the Council recognized the Alrita Street water
deficiency and established special standards for the eventual annexation of the minor
expansion area just to the east of Alrita Street. Currently the area is in the County and
served by wells and septic tanks. As part of any annexation proposal, councilmembers
required "the creation of a gravity flow water distribution system which provides standard
service to all parts of the expansion area and which corrects service deficiencies in the
existing Alrita Street neighborhood." In February 1989, the city received an inquiry
regarding annexation of the Alrita expansion area; however no application for annexation
has been submitted.
If council supports the lot split, staff sees three ways to resolve the resource deficiency:
A. Correct the neighborhood deficiency using city funds.
Pros
' Does not require assessment district or other complicated funding mechanism.
• Allows maximum city control over timing and cost of the improvements.
Cons
I
• Will divert city funds from other utility projects with greater public benefit.
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Staff Report
Page 6
• More expensive than public/private cost sharing or installation of a private,
on-site fire protection system.
B. Correct the neighborhood deficiency using both public and private funds.
Pros
• Property owners who benefit from improved fire protection pay a portion
of the costs.
` Reduced city costs would minimize financial impact to other planned utility
improvements.
Cons
` May delay implementation due to the time and complexity of establishing a
private funding mechanism.
• May encounter neighbor opposition.
C. Correct the deficiency only for the subject property, with a privately funded and
Installed fire protection system.
Pros
• Simplest and least expensive approach for the city.
i
• Would provide an adequate level of fire protection for the subject property,
and would allow improved wildland fire fighting capability.
Cons
` Will not correct an existing neighborhood resource deficiency.
• May require significant property owner costs which are disproportionately
large considering the project's small scale.
` On-site, private fire protection systems may result in significant visual impact
due to the need for 45,000 gallons of water storage in the C/OS zone, at or
near the 520 foot contour. Visual impact studies, ARC and council approval
would be required for the water tank.
Under either approach A or B, engineering studies will be needed to: 1) evaluate
alternatives for correcting the resource deficiency, and 2) return to the council with a
recommendation and funding program. If council chooses to approve the lot split, staff
recommends that the approval be subject to the requirements that: a) the city must have
approved plans and specifications and a funding mechanism for the improvements prior
to final parcel map approval; and b) the building permit shall not be issued until the utility
improvements are completed and functioning. These requirements are included in the
conditions of approval, Exhibit "B."
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COUNCIL AGENDA REPORT
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Page 7
Most of the lots in the Alrita water service area are fully developed, and will not need
any future city entitlements. Hence, the city would need to establish an assessment district
or similar mechanism to collect these fees. Staff has not explored the feasibility of this
approach; however staff would generally try to avoid establishing an assessment district
involving so few property owners.
OTHER DEPARTMENT COMMENT
Utilities Department staff do not support the lot split under any alternative, and feel that
improvments to the Alrita Street water system would delay higher-priority utility projects.
ALTERNATIVES
1. Adopt resolution denying the appeal, and upholding the Hearing Officer's action
denying tentative parcel map MS 89-39 subject to the recommended findings and
conditions, Exhibit "A."
2. Adopt resolution upholding the appeal, and approving the tentative parcel map
subject to the recommended findings and conditions, Exhibit "B."
Staff would support alternative 2 provided that fire protection needs were adequately
addressed with the project. The council should give direction as to: 1) what level of on-
or off-site improvements are required given the Fire Department recommendation, past city
requirements, and the scale of the proposed project; and 2) what degree of city funding,
if any, would be appropriate to correct the resource deficiency.
3. Continuance with direction to staff or the appellant to provide additional
information as appropriate.
Attachments:
-Draft Resolutions
-Vicinity Map
-Appeal Letter
-Alrita Street Water Service Area Map
-Initial Environmental Study
-Director's Subdivision Hearing Minutes
jh/ms89-39.wp
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Exhibit "A"
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN
APPEAL AND UPHOLDING THE HEARING OF
ACTION DENYING A MINOR
SUBDIVISION AT 1778 ALRITA STREET (MS 89-39).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this council, after consideration of public testimony,
the minor subdivision request MS 89-39, the Hearing Officer's action, staff
recommendations and reports thereon, hereby denies the appeal of Earl Murie of the
Hearing Officer's denial of the minor subdivision subject to the
findings listed below:
1. The design of the minor subdivision and proposed impr
With the General Plan. ovements are not consistent
.,
2. The site is not physically suited for the type and density of development allowed
in the R-1 and C/09-40 zones.
3. The design of the minor subdivision is not consistent with Subdivision Regulations
requiring the rearmost lot to own the accessway to the public street in fee; or to
have a street frontage of at least 20 feet.
4. The design of the minor subdivision and the proposed improvements are likely to
cause serious health and safety problems due to an existing water resource deficiency
in the area which limits the city's ability to provid
development. e adequate fire protection for new
S. The design. of the minor subdivision or the type of-improvement will conflict with
the easements for access through or use of property within the proposed subdivision.
On motion of , seconded by
and on the following
roll call vote:
E
Resolution No. (1990 Series)
Piige
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1990.
Mayor
ATTEST:
City Clerk
s • s • s • sssss •
APPROVED:
,ty A minis ati icer
C ne
Community Develo me t Director
U i les Director
enp
Fire Chief
J
Exhibit "B"
RESOLUTION NO. (1990 Series) :
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING
AN APPEAL OF THE HEARING OFFICER'S ACTION DENYING A MINOR
SUBDIVISION AT 1.778 ALRITA STREET (MS 89-39).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this council, after consideration of public testimony,
the minor subdivision request MS 89-39, the Hearing Officer's action, staff
recommendations and reports thereon, hereby upholds Earl Murie's appeal of the
Hearing Officer's denial of the minor subdivision, and approves Tentative Parcel Map MS
89-39 subject to the findings and conditions listed below:
Findinju
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-1 and C/OS-40 zones.
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 unavoidably 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 proposed deep lot subdivision and common driveway are appropriate and meet
the intent of Subdivision Regulations, and installation of a standard street would
not be feasible due to topographical conditions and existing subdivision design.
6. The Community Development Director has determined that the proposed tentative
map will not have a significant effect on the environment and has granted a
mitigated negative declaration of environmental impact based on the following
mitigation measures being incorporated into the project:
a. The subdivider shall follow the soils and geological engineer's recommendation
in layout, design and construction on the new lot.
b. At 12 inonths after occupancy of the new house, the subdivider shall submit
t
Ci
i
Resolution No.
(1990 Series) �
Page
a monitoringreport,p ort
, .prepared by a qualified professional, which documents
the project's compliance with engineering recommendations and evaluates the
effectiveness of the recommendations in: minimizing grading and topographic
disturbance, reducing erosion,- and preventing drainage impacts to adjacent
properties.
C. The proposed house site, Parcel 2, shall be considered a sensitive site and
shall require architectural review prior to building permit issuance. At such
review, special attention shall be given to privacy screening, landscaping and
erosion control, and building colors.
d. The Community Development Director may, at any time, modify, add or
delete mitigation measures as needed if the above mitigation measures are
determined to be ineffective or physically infeasible. Such changes shall be
limited to measures which would meet the intent of the original mitigation.
Conditions:
1. The subdivider shall submit a final map to the City for review, approval and
recordation.
2. Final map shall note that parcel 2 is a sensitive site and any development proposed
shall require architectural review and approval.
3. The subdivider shall submit a common driveway agreement to the city for approval
and recordation. Final map shall show an easement for the common driveway.
4. The subdivider shall provide drainage facilities to carry storm water to a suitable
disposal point, to the approval of the City Engineer.
S. The subdivider shall submit a landscape plan showing erosion control using drought
tolerant plant materials.
6. The subdivider shall dedicate to the city an open space easement over the C/OS-40
zoned portion of the site, to the approval of the Community Development Director.
7. The subdivider shall install a dry standpipe and driveway turnaround for fire
protection, to the approval of the city Fire Marshal.
8. The existing water resource deficiency shall be mitigated by either:
A. Prior to final map approval, the city shall have, approved construction plans
and specifications and funding for water supply improvements in the Alrita
Street neighborhood, and prior to building permit issuance, said utility
improvements .shall be completed and functioning, to the approval of the
Utilities Engineer; or
B. t Providing an on-site fire protection system, to the approval of the Utilities
Engineer and the Fire Marshall. All water facilities, including water storage
tank; water pump and supply lines shall be undergrounded or otherwise
screened from view with suitable landscaping, to the approval of the
Architectural Review Commission.
Resolution No. (1990 Series)
Page
9. No building '
permit shall be issued for development on this site until condition 8 is
met, to the approval of the Community Development Director.
10: The subdivider shall submit a waiver of right to protest participation in an
assessment district or other equitable fee program,.to improve the Alrita Water Supply
System, to the approval of the Utilities Engineer.
11. Subdivider shall install an NFPA 13-D fire sprinkler system to serve new
construction, to the approval of the Fire Marshall.
12. Subdivider shall install a private fire hydrant within 300 feet of the proposed house
site, to the approval of the Fire Marshall and the Utilities Engineer.
13. Subdivider shall allow the Fire Department to use the private fire hydrant and
onsite water storage facilities to fight a fire in either of the two homes in this
subdivision or for protection against wildland fires, by written agreement with the
City.
14. Easements shall be provided to accommodate drainage and utilities, to the satisfaction
of the City Engineer.
15. The subdivider shall pay water acreage charges for parcel 2.prior to recordation of
final parcel map. Fees shall be as determined by the City Engineer.
OOn 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
�_J
Resolution No. (MO Series)
Page 2
ATTEST:
City Clerk
s • s • s • ss • ss •
APPROVED:
C ty mi ist atwe icer
C yM.0
ommunity evelop e t Director
ities director
2
Fire Chic
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990 Palm Stfaet/Post O(tice Box 8100 •San Luis Obispo,CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I. Chapter
1.20 of the San Luis Obisp Municipa the undersigned hereby appeals
from// the decision ofF ZA4 A reedered
on[��� On)�t, 6 /�f�'% whit d ci onslsted of the Following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed):
.The undersigned discussed the decision being appealed from with:
on
Appellant: 00.1
Name/Title
RECEIVE®
Representative
OCT 1 71989
CLERK Address Ltd
MY
SAN Luis OWSPO,CA �>/.5!- lve�77// �-S : ,:+4,
Phone
Original for City Clerk
Copy to City Attorney
en aced for: All Copy to City Administrative Officer
Co mellowing department(s):
City Clerk /`
-j-:,tent with the --__.. , Proposed improvement
general pl_n• Provements
2• The site i lot physically suited
development allowed is the for the t
R-i and c ype and density of
3• The /OS=40 zones.
design of. the
improvements are wino= subdivision and the
problems due likely to cause serious health and Proposed
to .an insignificant water distribution system
(both water volume and pressure in the area) .
4. The design of the minor
will conflict witeasements lfor access throu h or
property within the type of improvement
proposed subdivision. g use of
3. Ylre
the I amp for s.: gy:siOn old not . _ _
installation of a standard street due to
conditions and existing subdivision design. ers r e
topographical
6• The Community Development Director
Proposed tentative ma has determined
that
the environment and p will not have a the effect ton
environmental has granted a negative declaration of
incorporated intothe
based on mitigation measures
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City of Sall lues omij-6
�►��Ilelllill���i�uAlINITIAL STUDY OF ENVIRONMENTAL IMPACT
� --
SITE LOCATION 1778 Alrita Street APPLICATION No. 23-89
PROJECT DESCRIPTION Iiinor Subdivision (IS 89-39)o Dvide one lot into two lots, R-1 zone
and the construction of an 1871 sq.- ft. house on one of the two lots.
APPUCANT E. Iturie
STAFF RECOMMENDATION:
X NEGATIVE DECLARATION X MITIGATION INCLUDED
EXPANDED INMALSTUDY R ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY Jeff Hoo sociate ,Plarmer DAT 8/28/89
COMMUNITY DEVELOPMENT DI R'S ACTION 8
VE
SUMMARY OF INITIAL STUDY FINDINGS
L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANSAND GOALS................................................... . :'lone*
B. POPULATION DISTRIBUTION AND GROWTH......................,............ �bne
C. LAND USENone
................................
D. TRANSPORTATION AND CIRCULATION .. None
E PUSLICSERVICES ................................................................ None
F. UTILMES......................................................................... None*
D. NOISE LEVELS .......:............................................................ :crone
H. GEOLOGIC 3 SEISMIC HAZARDS a TOPOGRAPHIC MODIFICATIONS .................... None*
I. AIR QUALITY AND WIND CONDITIONS.....................:.:........................ ?JDne
J. SURFACE WATER FLOW AND QUALITY .............................................. None
KPLANT LIFE......................:............................................... N071e*
LANIMAL LIFE.......................................................I.............. None
M. ARCHAEOLOGICALJNISTORICAL................................................... None
N. AESTHETIC
..... .E............................ ......... ................... alone
O. ENERGY/RESOURCEU3E........................................................... None
P. OTHER...........................................................................
BL STAFF RECOMMENDATION
Ititigated Negative Declaration
*SEE ATTACHED REPORT �m
Initial Study
Page 2
I. DESCRIPTION.OF PROJECT AND ENVIRONMENTAL SETTING
Proiect Update
On April 12th, the Director required an expanded initial study to address grading and
seismic safety concerns. Specifically, the subdivider was to submit soils engineering
and geology reports, preliminary development plans, and a revised tentative map which
conformed to slope/density requirements. The required information has been submitted,
and is included below as the Expanded Initial Study. New information or analysis is in
italics. Based on the project engineer's evaluation and recommendations, and on the
preliminary grading and architectural designs, the project is not likely to have any
significant adverse environmental impacts.
Proiect Description
The subdivider wants to split a one acre, hillside lot. This is proposed as a deep-lot
subdivision. The new 10,000 sq. ft. lot would be created on a sloping bank, just below
the existing house. Access to the new and existing lot is via a 20 ft. wide private
driveway easement from Alrita Street, which runs along the southeast property line.
Neither lot would have street frontage.
Environmental Setting
The site is in a low-density residential neighborhood, and is bordered on three sides by
houses. The irregularly-shaped site has one house, and is zoned R-1 on its lower half.
— The upper hillside portion is vacant and zoned C/OS40 (Conservation/Open Space - 40-acre
minimum lot size) above the 520-foot contour elevation. It slopes upward from the south
property line at an average grade of 23 percent for the entire site, and 17 percent for
the new building site on Parcel 2. The site has ornamental landscaping around the house,
and a small orchard on the slope bank just below the house.
IL POTENTIAL IMPACT REVIEW
A. Community Plans and Goals
The City's Land Use Element sets a density standard of four to seven dwelling units per
net acre in the R-1 zone. Allowed density is reduced to four units per net acre on sites
with an average cross-slope of 16-20 percent. Parcel 2 has an average cross-slope of 17
percent, and does not meet the minimum area requirement to allow development of one
house. A lot area of at least 10,890 sq. ft. is required, and 10,059 sq. ft. is shown.
To meet City standards, the tentative map must be revised to meet area requirements.
The Subdivider has agreed to modify the tentative Wrap to meet slope/density
requirements, so this no longer appears to be an environmental issue. There are two
options: 1) reduce the lot area by excluding the steepest portion of the lot, thus
reducing averag4 slope to less than 12 percent; or 2) increase the lot area by about 800
square feet. Either approach is workable. although in hillside areas, the preferred
approach is usually to increase lot area. Once environmental review is completed. the
subdivider intends to modify the tentative parcel map to meet City requirements.
U
Initial Study
Page 3
F. Utilities
At its April 5, 1989 hearing. the City Council introduced-to-print regulations to
restrict new development until additional city water supplies are available. Under the
new mandatory water conservation ordinance, the city would issue building permits only
for those projects which had applied for architectural review or use permits prior to
March 15, 1989. Permits for projects submitted after that date would be available only
for exempt projects, like most additions and remodels. If this lot split were approved,
a house on the new lot would not be eligible to receive a building permit until mandatory
water rationing measures were lifted and adequate water supplies were available to serve
new development — probably no earlier than Spring 1990. These controls are expected to
mitigate water-use impacts of the proposed lot split.
H. Geologic/Seismic Hazards and Topographic Modifications
The main concerns with this project are slope stability and grading. According to the
City's Seismic Safety Element, this site is located in an area with very high landslide
potential. Underlain by the geologically-unstable Franciscan Formation, additional
grading and development of the site may increase landslide risk and erosion/drainage
concerns for downstream properties.
The city's Grading Ordinance limits the area of a site which can be graded, based on its
average natural slope. These standards would require that 60 percent of Parcel 2 remain
natural and ungraded. To comply, this parcel must be developed within a 4000 sq. ft.
area (ie. 40% of the 10,059 sq. ft. lot).. In addition, the new lot naturally drains to
the west property corner. Special drainage measures, including four to five feet of fill
and a retaining wall, may be necessary along the south property line, to prevent drainage
onto neighboring lots.
Attached is a soil engineering and engineering geology report documenting existing soil
and geologic conditions, describing soil test results. and recommending specific design
measures to minimize soil stability concerns. The main conclusion of the report is that
'the site is suitable for the proposed development' in terms of soils engineering and
engineering geology. Special site preparation measures will be required. such as
requiring overexcavation one foot deeper than would otherwise be required in foundation
areas. and using engineered backfill; incorporating special design measures to collect
and direct surface drainage: and following special utility trenching and foundation
design measures.
Preliminary grading and architectural plans show grading only for foundation and
driveway. with rain gutters to carry roof runoff to the driveway. The lower floor finish
floor elevation is set at 507 ft., and most of the house will be on a level "cut' bench.
This approach minimizes the amount of site disturbance. meets City grading standards, and
provides a more stable pad without requiring extensive engineered fill or retaining
walls. No retaining walls will be required along the property lines, and there would be
no significant increase in runoff onto neighboring properties.
Initial Study
�. Page 4
U
K. Plant Life
A grove of about 20 small- to medium-sized Avocado trees would be removed by development
of Parcel 2. The trees are not significant in terms of wildlife habitat or esthetics,
and their removal is not likely to cause adverse impacts.
L. Aesthetics
The City's Hillside Planning Standards include special design measures to minimize
visual impacts from hillside development. These include architectural measures to reduce
the apparent height and bulk of structures, use of earth tonecolors for exterior
building surfaces, and landscaping which prevents erosion, provides privacy screening,
and ties in with the hillside's natural colors and textures.. The proposed lot split and
new house are located near the interface of the R-1 and C/OS-40 zone boundaries, and will
be expected to meet hillside design standards. To verify compliance with these
standards, and to allow neighbor comments. the new house should require architectural
review.
III. STAFF RECOMMENDATION: Negative Declaration subject to the following
mitigation measures to be included in the project:
1) Subdivider shall follow the soils and geological engineer's recommendations in
the layout, design, and construction of the new house.
G' 2) At 12 months after occupancy, the subdivider shall submit a monitoring report,
prepared by a qualified professional, which documents the project's compliance
with engineering recommendations and evaluates the effectiveness of the
recommendations in: minimizing grading and topographic disturbance, reducing
erosion, and preventing drainage impacts to adjacent properties.
3) The proposed house site. Parcel l of SL 89-039. shall be considered a sensitive
site and shall require architectural review prior to building permit issuance.
At such review, special attention shall be given to privacy screening,
landscaping and erosion control, and building colors.
4) The subdivider shall submit a revised tentative parcel map which conforms to
slope/density requirements, to the approval of the Community Development
Director.
S) The Community Development Director may at any time, modify, add, or delete
mitigation measures as needed if the above mitigation measures are determined to*
be ineffective or physically infeasible. Such changes shall be limited to
measures which would meet the intent of the original mitigation.
t
jhl/er23-89
attachments
U
DIRECTOR'S SUBDIVISION REARING - MINUTES
FRIDAY SEPTEMBER 29, 1989
17.78 Alrita Street. Minor Subdivision No. MS 89-039; Consideration
of a tentative parcel map creating two lots
from one lot; R-1 zone; Earle Muriel
subdivider.
Jeff Hook presented the staff report, stating that he had received
revised subdivision plans which address staff's main concern which
was the question of slope density. He noted the revised plan meets
the city's slope density and lot size requirements and complies
with all the zoning and subdivision requirements for a lot split
at this site. He further noted that staff received the revised
subdivision plan too late to route it to the other city
departments, so Public Works and Engineering have not yet reviewed
the plan. He said he anticipated that a recommendation for final
approval would be given. He indicated that staff is recommending
continuance of this item to allow for other department review and
comment.
The public hearing was opened.
Earle Muriel subdivider, spoke in support of his tentative map
request. .He explained he wants to split the lot for the purpose
of allowing his son and daughter-in-law a site to build their house
on. He felt that all questions had been answered to adjacent
property owners who might have concerns with the project. He also
felt the architect had considered any drainage problems when he
drew the house plans and any problems had been resolved. He said,
regarding privacy, that the houselocation has been moved back so
as not to obstruct the view by adjacent properties. He further
explained that he is in the process of planting a natural fence at
the property line which would give more privacy and also cut down
on noise.
Mr. Murie said he spoke to the Neilsen's who own the property at
1792 Alrita Street, and their only concern was view blockage, which
he felt had been remedied.
Ken Bruce clarified that the issue at this hearing is only the
splitting of thelot; not the development of the lot.
Leticia Martinez, owner of 1762 Alrita Street, and recent purchaser
of 1770 Alrita Street, noted that the purchase contract shows that
there is substantial drainage problems on the site; water going
under the foundation and erosion problems. She felt that drainage
should be addressed so that her property won't have any further
problems. She noted that they plan to dig out an area and put
Page 2
MS 89-39 - 1778 Alrita Street Minutes
gravel in it to digress the drainage.
The public hearing was closed.
Ken Bruce questioned staff as to why therevised tentative map
needs to be routed again in terms of the lot line changing a few
feet from one location to another. He felt the issues are no
different than the original map proposal.
In terms of the drainage issue, Mr. Bruce felt that drainage is a
very important issue that must be addressed as part of any
subdivision approval.
Ken Bruce took thisitem under submission. He explained this means
he has an additional ten days to render a decision. He felt
continuance would serve no purpose; the only part that might be
awkward is that neighbors and the subdivider would not have a
chance to comment on recommended conditions. He said he didn't
anticipate any significant changes to the conditions noted in the
staff report, listed below. He also explained that this decision
could be appealed to the City Council within ten days of the
action, and that if there was a problem with any of the conditions,
that too could be appealed.
On October 9, 1989, Ken Bruce denied Minor Subdivision MS 89-39,
based on the following findings:
Findings
1. The design of the minor subdivision and proposed improvements
are not consistent with the general plan.
2. The site is not physically suited for the type and density of
development allowed in the R-1 and C/OS-40 zones.
3. The design of the minor subdivision and the proposed
improvements are likely to cause serious health and safety
Problems due to an insignificant water distribution system
(both water volume and pressure in the area) .
4. The design of the minor subdivision or the type of improvement
will conflict with easements for access through or use of
property within the proposed subdivision.
5. The proposed deep lot subdivision would not be feasible with
.the installation of a standard street due to topographical
conditions and existing subdivision design.
,
Page 3
6. The Community Development Director has determined that the
proposed tentative map will not have a significant effect on
the environment and has granted a negative declaration of
environmental impact based on mitigation measures being
incorporated into the project.
'�J