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HomeMy WebLinkAbout09/04/1990, 2 - CONSIDERATION OF A TENATIVE MAP FOR A MINOR SUBDIVISION CREATING TWO LOTS FROM ONE LOT AT THE NORTH 91 I+ II 'f�� o(� `IGINAL AGENDA REPORT FROM 8/7/' "J r MEETING OATS: Cl �IIII san LUIS 0131s1)0 ITEM NUMBER: NNaMp COUNCIL AGENDA REPORT FROM: Arnold Jonas Community Development Director PREPARED BY: Greg Smith, Associate Planner SUBJECT: Consideration of a tentative map for a minor subdivision creating two lots from one lot at the northeast end of Sydney Street at the northeast city limit. CAO RECOIDUM ATIOH: Adopt the attached draft resolution denying the tentative map for Minor Subdivision MS 90-127, based on findings recommended by the Subdivision Hearing Officer. REPORT IN BRIEF The Hearing Officer recommended the council deny the tentative map, determining that the requested exceptions to subdivision and grading regulations were not justified. Staff concurs with that determination. The subdivider argues that the subdivision would be very similar to other development the city has approved in the vicinity. The steepness of the site, its prominent location, the existence of wetland habitat and the possible extension of Sydney Street are evaluated in the staff report. DISCUSSION: Background The Subdivision Hearing officer conducted a hearing on this application on June 22, 1990, and recommended denial based on the findings noted in the attached minutes of that meeting and draft council resolution. The Hearing Officer's action on the tentative map is in the form of a recommendation to the council, since only the council may approve exceptions to standards contained in the city's Subdivision Regulations. Data Summary owner/Subdivider: Casey O'Conner Representative: Engineering Development Associates Zoning: R-1 General Plan: Low Density Residential Environmental Status: Mitigated negative declaration approved by Director. Project Action Deadline: September 11, 1990 MS 90-127 Page 2 Site Description 43,491-square-foot lot (0.998 acre) located between the east city limit and the east end of Sydney Street. The lot has an average cross slope of 27%. and a seasonal drainage swale crosses the site. Approximately 2250 square feet of the site is occupied by willows associated with the swale; the remainder of the site supports introduced grasses, which have been grazed and/or mowed. Old chicken coops are located on the lower elevations of the property. The site is surrounded by houses on lots of 7000 square feet to five acres in size. EVALUATION The subdivider proposes to create two lots, which would be served by an existing private road. Extensive grading is proposed to enlarge an existing flat pad on Lot 1, which was graded in the past. The subdivider proposes to dedicate an open space easement to the city above the 460-foot contour. That elevation reflects the city's water service limit for the area, and development is not normally allowed above the water service limit. The subdivider proposes various exceptions to the city's subdivision and grading regulations: 1. The subdivider proposes two lots on .94 net acre - approximately 2.1 units per acre. A maximum density of one lot per net acre is normally allowed, based on the site's slope of 27% (as calculated by the City Engineer) . Two lots per net acre are allowed on sites which have a slope of 21-25%. 2. The site does not have frontage on a city street. A forty-foot frontage is normally required for a flag lot subdivision. 3. Flag lots may be approved only where it is not feasible to develop the site by use of a standard street. Also, the "stem" portion of the flag lot is not counted toward net lot area, and the stem is to be owned in fee by the furthest lot from the public street. 4. Based on the average cross slope, not more than 10$ of the site may be graded unless an exception to the city's Grading Ordinance is approved. MS 90-127 Page 3 Staff suggests the council evaluate the following issues in reviewing the tentative map: 1. General Plan Policies The Housing Element and Land Use Element include policies supporting infill developments as a means of avoiding the need for development in expansion areas. The Land Use Element also includes policies which encourage residential development to be compatible with natural topography and existing and desired neighborhood character. 2. Appropriate Lot Size The city's Subdivision Regulations include standards for lot sizes which vary with the average cross slope of the site. For this R- 1 site, with its average slope of 27%, the standards call for one lot per acre. Thus, the net area of the site is smaller than the are required for a single conforming lot. Since public and/or private roadways are excluded from the net lot area calculation, the average lot size proposed is somewhat less than half the normal requirement. The Subdivision Regulations require that the council make four special findings if exceptions to the standards are approved: 1. The topography of the property to be subdivided is such that it is undesirable to comply with the strict application of the Subdivision Regulations. 2. The cost to the subdivider is not the sole reason for the exceptions. 3. The requested exceptions will not be detrimental to the public health, safety, or welfare, or be injurious to other properties in the vicinity. 4. Granting the exceptions requested is consistent with the intent of the Subdivision Regulations, and is consistent with the General Plan. The Hearing Officer concluded that those findings could not be made with regard to the lot size exception request, and staff concurs with that determination. 3. Extent of Grading Proposed The city's Grading Ordinance also includes standards based on the site's average slope, and requires special findings for exceptions to those standards: MS 90-127 Page 4 1. The exception to the Grading Regulations is subject to conditions of approval which assure that the it does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. Due to special circumstances which apply to the property, including its topography, location and surroundings, the strict literal application of the Grading Regulations would deprive the subject property of privileges enjoyed by other properties in the vicinity . 3. The grading exception is consistent with the intent of the Grading Regulations as set out in Section 15.44.020 of the Municipal Code (attached) . Again, the Hearing Officer determined that the findings could not be supported, and staff concurs. 4. Visual Impacts Structures on the new lots would be prominent, particularly as viewed from surrounding lots. Both new lots should be designated as sensitive lots - ARC review required - if the subdivision is approved. 5. Vegetation/Wildlife Impacts The existing willows on the site are considered by the state Department of Fish and Game to be significant seasonal wetlands. Replacement at a ratio of 1-1/2:1 will be required for areas disturbed by culvert extension or other grading. Refer to the attached initial study for more detailed analysis. 6. Sydney Street Extension The council must find that it is not feasible to extend Sydney Street if the private easement is to be approved as the access to Lot 2. Planning and Engineering staffs see no physical obstacle to extending the public portion of the street, and recommend that Sydney Street be extended far enough to serve the building site on the uphill lot if the subdivision is approved. The existing private access road improvements are close to city standards. Getting the right-of-way needed for extension could ultimately involve use of the city's powers of condemnation, since it involves an off-site dedication requirement. �-Al MS 90-127 Page 5 The public street should not be extended to provide access to property outside the city; which is designated for conservation/open space uses on the city's General Plan. The proposed subdivision does not comply with access requirements of the city's Fire Prevention Regulations, since it does not provide a means for fire trucks to turn around. The Fire Department has indicated they could support installation of residential fire sprinklers in new structures as an alternate means of fire suppression, although this would have less benefit to surrounding properties than provision of an adequate turnaround would. A "hammerhead" turnaround using the driveway to Lot 2 might be feasible, but an unobstructed flat area 20 feet wide and 40 feet long would be needed. CONSEQUENCES OF NOT TARING RECOMMENDED ACTION If the council denies the subdivision request, one house could be built on the existing lot under current zoning regulations. An exception to Grading Ordinance standards might be required to make development feasible. CITIZEN PARTICIPATION The owner of the adjacent, uphill property spoke at the Subdivision Review Hearing. She questioned whether two lots constituted an appropriate density for the site, but indicated that the open space easement might make it a plan that could be lived with. CONCURRENCES Comments by the City Engineer, Fire Department, and Department of Fish and. Game are noted above. The City Engineer further recommends that the tentative map be revised to show dedication of the Sydney Street extension and other ordinance requirements prior to approval. The Subdivision Hearing Officer's action is noted above and in the attachments. ALTMMTIVSB The council may approve or deny the tentative map, or may continue the map with direction to staff and the applicant regarding additional information or revisions needed. The subdivider Is agreement to an extension of processing time should be obtained if the map is continued, to insure that action deadlines are met. �-5 MS 90-127 Page 6 BBCO�TD�TION Staff recommends the council adopt the attached draft resolution denying the tentative map for Minor Subdivision MS 90-127, based on findings adopted by the Subdivision Hearing Officer. Staff has also prepared a resolution containing suggested conditions, if the council decides to approve the tentative map. Attachments: Draft Resolutions for approval, denial Vicinity Map Tentative Map Subdivider's Statement Subdivision Hearing Minutes Initial Study ER 10-90 gtsd:ms90l27c.wp 0 RESOLUTION NO. (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE MAP FOR MINOR SUBDIVISION NO. 9.0-127 LOCATED AT 1815 SYDNEY 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 the tentative map of Minor Subdivision No. 90-127 and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of, the subdivision is inconsistent with the general. plan policies for development of hillside areas. 2. The site is not physically. suited ' for the density of development proposed. 3. The design of the subdivision does not conform to the minimum frontage and lot size standards of the city's Subdivision Regulations, and circumstances_ which would justify approval of exceptions do not exist. SECTION 2. Action. The tentative parcel map for Minor Subdivision No. 90-127 is hereby denied. On motion of , seconded by . and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1990. C 2-7 Page 2 � Mayor Ron Dunin ATTEST: City Clerk Pam Voges APPROVED: City Administrative Officer City Attorney Community Development Director APPROVED: City A inist tive, fficer t t k- b ou - �. Community Devel ent Director RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 90-127 LOCATED AT 1815 SYDNEY 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 the tentative map of Minor Subdivision No. 90-127, and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the 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 zone. 3. The design of the 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 subdivision or the. type of improvement will not conflict with easements for access through, or use of property within, the proposed 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 mitigated negative declaration. The mitigation measures are incorporated in the conditions of approval for the tentative map by reference. SECTION 2. Exceptions. Density of 2.1 lots .per net acre where one lot per acre is allowed; 0-foot frontage for Lot 1 where 40-foot frontage is required. (Note: Applies only if street dedication is waived) . Grading of 30$ of the site area where grading of only 10% is allowed. C z-9 4' Resolution No. (1990 Series) MS 90-127 Page 2 Findings for Excer)tions 1. The topography of the property to be subdivided is such that it is undesirable to comply with the strict application of the Subdivision Regulations. 2. The cost to the subdivider is not the sole reason for the exceptions. 3. The requested exceptions will not be detrimental to the public health, safety, or welfare, or be injurious to other properties in the vicinity. 4. Granting the exceptions requested is consistent with the intent of the Subdivision Regulations, and is consistent with the general plan. 5. The exception to the Grading Regulations is subject to conditions of approval which assure that the it does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 6. Due to special circumstances which apply to the property, ', including its topography, location and surroundings, the strict literal application of the Grading Regulations would deprive the subject property of privileges enjoyed by other properties in the vicinity . 7. The grading exception is consistent with the intent of the Grading Regulations as set out in Section 15.44.020 of the Municipal Code. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. 89-135 be subject to the following conditions: 1. The subdivider shall submit a final map to the Community Development Director for approval and recordation. 2. The subdivider shall dedicate land on- and off-site for extension of the Sydney Street right-of-way, to a point approximately 220 feet northeast of its present termination. Right-of-way -shall be 5o feet in width, and shall follow the approximate alignment of the 50' private access easement shown on the map. i ;L'/0 Resolution No. (1990 Series) MS 90-12.7 Page 3 3. The subdivider shall install curbs and gutters on both sides of Sydney Street extended, and shall install paving 36 feet in width, in accordance with city standards and to the approval of the City Engineer. 4. The subdivder shall comply with the following mitigation measures required under application ER 10-90: a. At the time of development, the driveway for Lot 2 shall be constructed to city standards to provide a fire truck turnaround. b. A separate water allocation for compensatory landscaping shall be obtained prior to issuance of any grading permit, if water allocation regulations are still in effect at that time. • c. Grading shall be approved by a soils engineer or certified geologist. d. Compensatory planting of willows or other suitable. riparian landscaping shall be provided at a ratio of U 1.5:1 o mitigate effects of disturbing areas currently occupied by such growth. 5. The subdivider shall dedicate to the city an open space easement over that portion of the site above the 460-foot elevation. The easement shall be shown on the final map, and recorded concurrently with the final map in a form_ approved by the Community Development Director. The easement shall prohibit solid fencing, structures, and grading; and shall provide for maintenance of the area in a substantially natural condition. 6. Both lots are hereby designated as sensitive sites, and any proposed development shall be subject to approval of the Architectural Review Commission. 7. The subdivider shall dedicate to the city a creek drainage and maintenance easement, to the approval of the City Engineer. All new culverts, inlets, etc. , within the easement and/or new right-of-way shall be constructed, and existing drainage improvements shall be modified if necessary, to the approval of the City Engineer. On motion of , seconded by and on the following roll call vote: Resolution No. (1990 Series) MS 90-127 Page 4 AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1990. Mayor Ron Dunin ATTEST: City Clerk, Pam Voges APPROVED: City Ad inis a ive fficer t t ney 6t- ra-� Community Deve op t Director J t -12-L o C tisr 0 �. o �\ 0 l27 ., f' ap. '4w�0.' N M•I• ' r`• 13-R 't ^� •Ee •�� .,,.,-, - .fTY LIMITS�S o � � �,,...., 1�1■111,1■1■1■i■l■1 "1%4.I 0 C 0 low 0 O• ! •''P '� �� s o O =W i w ^ r L-13- L L-14-I Wt 1e I I LB 1D trrrc ra! !�� • K;1\ � ice– —�_.— -- --•—=---.— ./ IWWWL wi L7la v�a+uau mnu. *rci t�1 (is 5 it 1 t F , r� ➢• 1 bi 'S tt to 1 j 1«f 11 tiff F lipf � I Un 14 Uff lb wuanau Taaauly ' I TIL-W taaal • i'I' I � •Ir«.ra w. 10 � l I . .' i �G- '. ......gin. .- _ a«««L Waa -� ♦ . Lvr a va+rw+a�at•aln+allTuna. •• •! tri y ��jjfititi!(S�i •�; ��. ,ia •`; � if = Vii ' f�?IpR`�i•� 6tijiii,I� i� ! i t ii lif u E fit' 1 DEVELOPER'S STATEMENT FOR SLO 90-127 This is the developer's statement for SLO 90-127 a subdivision of Lot 12 of the Goldtree Vineyard Tract in the City of San Luis Obispo. The purpose of this submittal is to divide the existing one-acre parcel into two parcels. Parcel One will be approximately 12,000 square feet. Parcel Two will be approximately 31,491 square feet. The parcel is currently zoned R-1, single family residential. No change to the existing zoning is proposed. The parcel is located at the easterly end of Sydney Street in the city of San Luis Obispo. The site will be serviced by extending existing water and sewer utilities located within the right-of-way of Sydney Street. Water and sewer laterals will be extended to service both parcels one and two of the proposed subdivision. An existing 54-inch storm drain currently directs runoff towards the southwesterly comer of the site which affects parcel one. Improvements will include extending the existing 54-inch storm drain to the southwesterly part of the parcel and construct a headwall. Access to the site is currently provided by a private access easement. This easement will be retained and will provide access to both parcels. In addition, the easement will be expanded in use to provide for all utilities to be contained within a public utilities easement. E % G ! NEERING - LAND SURVEYING • PROJ .ECT ADMINISTRATION 1320 NI-POMO STREET - SAN LUIS .0-B 15P.0 CA .805:- 549 . 86&58 city of San lues OBISpo � 7�Ilillllll `�� il'i�liil; l►I, INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION APPLICATION NO.:ffb PROJECTI)ESCRI IN APPLICANT(�� F RECOMMENDATION: NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INIT L STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY DATE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE ma4lTw tSalmir-pw SUMMARY OF INITIAL STUDY FINDINGS DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................................... � B. POPULATION DISTRIBUTION AND GROWTH ....................................... C. LAND USE ....................................................................... D. TRANSPORTATION AND CIRCULATION .............................................. E. PUBLIC SERVICES ................................................................ F. UT1LfTIES.............................................0......................... G. NOISE LEVELS ................................................................... H. GEOLOGIC d SEISMIC HAZARDS 3 TOPOGRAPHIC MODIFICATIONS ..................0- L AIR QUALITY AND WIND CONDITIONS............................................... J. SURFACE WATER FLOW AND QUALITY .............................................. KPLANT LIFE....................................................................... L ANIMAL LIFE..................................................................... M. ARCHAEOLOGICALJHISTORICAL..................... N. AESTHETIC .......................................................... 0. ENERGYIRESOURCE USE .......................................................... P. OTHER .......................................................................... of.STAFF RECOMMENDATION 'SEE ATTACHED REPORT 2--17ma ER 10-90 Page 2 I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The project consists of dividing a 43,491-square-foot lot into lots of 12,000 square feet and 31,491 square feet, grading to create a building site on the smaller lot, and culverting approximately 100 linear feet of a storm drainage channel which crosses the smaller lot. The site is currently zoned R-1, and it is expected that a house would be built on each of the resulting lots. In addition to the tentative parcel map, the project involves variances to lot size and extent of grading allowed by city regulations, and a streambed alteration permit from the State Department of Fish and Game. A seasonal drainage swale crosses the site. Approximately 2250 square feet of the site is occupied by willows associated with the swale; the remainder of the site supports introduced grasses, which have been grazed and/or mowed. A chicken coop is located on the property. The chicken coop and willows would be removed as part of the project. The site is surrounded by houses on lots of 7000 square feet to five acres in size. The northeast property line coincides with the northeasterly city limit. II. POTENTIAL IMPACT REVIEW D. Transportation and Circulation Access to the site would be via an existing private access road with a pavement width of 27 feet in a 50-foot access easement. The private road serves an existing house located outside the city limits. The City Engineer has recommended requiring dedication of a city street over the easement. The public right-of-way would not be extended far enough to provide access to potential future development beyond the city limits. E. Public Services The site lies within the four-minute response area for the fire station located at Laurel Lane. It may be necessary to construct the driveway at lot 2 as a turn-around for fire trucks, to meet requirements for emergency accessibility. F. Utilities - i The upper portion of the site is above the reliable water service ER 10-90 O Page 3 limit for that .portiori of the city (elevation 4601 ) . •It will be feasible to construct a residence on each of the two proposed lots below that elevation, however. The city's total annual water use exceeds the safe annual yield, and water reserves have been seriously depleted by four consecutive drought years. The city has adopted. emergency water allocation regulations which require a project to retrofit existing structures with water-conserving devices adequate to offset the new project's use by a factor of two. These regulations are expected to mitigate cumulative adverse effects on availability of water which might otherwise occur. The compensatory willow planting discussed below would require at least seasonal irrigation for several years after installation. The amount of added water use would fall within the normal range of landscape water use after development of the lots, and would not be great enough to constitute a significant adverse impact. H. Geologic and Seismic Hazards and Topographic Modifications Extensive grading is proposed on the lower portion of the site. Soils in the vicinity are generally stable, and it appears feasible to accomplish the proposed grading without creating hazardous conditions. However, any grading should be done in accordance with the recommendations of a soils engineer or geologist. Since this is required by the city's grading regulations, no further mitigation is needed. The grading regulations require that 90% of the site remain ungraded unless it can be shown that application of that standard would deprive the subject property of privileges enjoyed by other properties in the vicinity, and that the requested exception is consistent with the intent of the grading regulations. While it is not clear that the special findings can be made to allow 30% of the site to be graded as proposed, the issue will be considered at a public hearing conducted by the city council. No further mitigation is required, since failure to comply with this policy on a small infill project is not judged to constitute a significant effect. J. Surface water Flow and Quality The project involves extension of an existing culvert approximately 100 feet along the course of a seasonal creekbed. The creek enters another culvert approximately 100 feet downstream. Since the creek has been culverted both upstream and downstream from the project, the culvert extension is not judged to have a significant effect on surface water flow or quality. l ER 10-90 Page 4 R. Plant Life Approximately 2250 square feet of the site is •occupied by mature willows. The willow growth extends across the site to contiguous property downstream. Most of the willow growth area on the project site would be disturbed by the proposed grading and culvert extension. Cumulative elimination of wetlands - including seasonal streambeds with .riparian vegetation such as the willow growth on the site - has been identified as a cumulative adverse impact on a statewide basis. The Department of Fish and Game has adopted regulations which require compensatory planting and irrigation of any disturbed- willow isturbedwillow growth area at a ratio of 1.5:1. Since the existing willows do not appear to constitute critical habitat for any wildlife species, and since similar habitat areas are available within a few hundred feet of the project site, no significant adverse impact will occur. The 3375 square feet of compensatory planting will require about ten to twenty thousand gallons of irrigation water per year, initially, and somewhat less after several years. This would roughly correspond to the amount required for a lawn area of 500 to 1000 square feet. N. Aesthetic The additional building mass of a second house on the site might result in view blockages for properties adjoining the site, or within a few hundred feet, but would be unlikely to significantly affect longer range views of the site. - The level of impact is not judged to be significant. III. STAFF RECOMMENDATION The following mitigation measures should be incorporated in the project description: 1. At the time of development, the driveway for Lot 2 shall be constructed to city standards to provide a fire truck turnaround. 2. Subdivider shall be required to obtain a separate water allocation for compensatory landscaping prior to issuance of any grading permit, if water allocation regulations are still in effect at that time. 3 . Grading shall be approved by a soils engineer or certified geologist. 4 . Subdivider shall provide compensatory planting of willows or other suitable riparian landscaping at a ratio of 1.5:1 to mitigate effects of disturbing areas currently occupied by such growth. gtsd:erl090.wp CI DIRECTOR'S SUBDIVISION HEARING - MINUTES FRIDAY JUNE 22, 1990 1815 Sydney street. Minor Subdivision No. MS 90-127; Consideration of a tentative parcel map creating two lots from one lot; R-1 zone; Casey O'Conner, subdivider. Greg Smith presented the staff report, noting that the proposed lot split would create two lots from one lot. These new lots would not be of equal size; lot 1 would. be 12,000 square feet in area and Lot 2 would be 31,491 square feet in area. Neither lot would meet the minimum requirement of one acre which is specified by the Subdivision Regulations. In reviewing the circumstances surrounding the subdivision, Mr. Smith explained that staff does not see justification for the exception to lot size or the exceptions requested to the lot frontage requirement or to the exception which is to the city's Grading Regulations. He stated that staff recommends the subdivision be denied. He further noted staff has suggested some possible findings and conditions which might be considered by the Hearing Officer if he wishes to recommend approval. He outlined the suggested findings and conditions. C , The public hearing was opened. Dan Lloyd, subdivider's representative, spoke in support of the request. He explained that the site, as shown on the map, is almost a one-acre parcel that has been graded severely in the past, which raises the question as to what really is the appropriate cross-slope for the property. Mr. Lloyd had concerns with the fact that an access road has been placed on the property, and that grading has been accomplished to handle some drainage issues as well as provide pad or stepped areas for what appeared to be pens for chickens or small animals. He felt the site has been abused seriously in the past, in topographic terms. Mr. Lloyd explained that he is very familiar with the city's slope evaluation criteria based on the weighted average method, he felt that it is an inappropriate means by which to evaluate slope because of the severely altered condition of the property. He further explained that he took the straight-line method of the two side lines of the property in order to determine what the slope may be. In doing so, he noted he comes up with just under 20% slope for the property, on the averaging basis. That would allow more than the two units per acre - he felt 20-25% in order to have two units applicable within that category. Since the desire of the owners is to create two building sites and no more, he felt his interpretation was reasonable. He felt the numbers bear out his interpretation of the averaging slope to be below 2.0%, and he said �- he understands that the method adopted by the city does indicate Page 2 a higher slope. He felt his method is reasonable and still provides modest home sites for two structures. Mr. Lloyd noted that this property is adjacent to a recently subdivided property which this firm handled, and this project would be consistent with that previously-approved project. He explained that if approved, they planned to grant the open space easement, place structures in a reasonably similar, vertical elevation as the adjacent property, and would not violate any view shed or skyline issues. With respect to grading more of the property than is allowed by the grading ordinance, he felt that their approach is to provide a better site for the property than presently exists, and that at some point in the future, someone would probably want to grade that site because of its severely abused existing condition. With respect to access, Mr. Lloyd said they are prepared to consider either an exception for council approval, or to work out a dedication which might satisfy the conditions of the subdivision ordinance regarding frontage on a public road. Mr. Lloyd noted that he became aware of staff's recommendation of denial when he received a copy of the staff report the day before, and with respect to time issues. with respect to AB 884, a 90-day i extension could be granted by the subdivider to the' 6-month -- processing time, in order to allow time to provide information which might be needed by the city. Casey O'Conner, subdivider, said his goal is to get two buildable sites. He said it disturbs him that some of the points now being brought up by city staff, such as slope, didn't seem to be the issue during the initial meetings with the city. The issues, he felt, were whether the culvert could be extended, how much grading could occur, and easement issues. Now, he felt the main issue is the one that wasn't a major issue in the beginning. He said that had he known of this issue in the beginning, his plans to purchase the site may have been different. Barbie Colombo, subdivider, said that all they want is to split the lot into two parcels and build her dream home there so they can live there. Carol Skow, 1925 Sydney Street,, said her property is immediately adjacent to this parcel; her horse corrals come to the edge of the property. She said she has concerns with having two houses in front of her property, and how the land is going to be subdivided and how the houses will be placed on the property. She didn't feel the site would be large enough to accommodate two houses. She had not yet seen a copy of the proposed subdivision, and took time to review the map. Her concerns were mainly where the houses would J be located, and Mr. Bruce explained that the issue at this hearing �-ate Page 3 Cwas only the splitting of the lot; not the location of the proposed homes. He noted that the maximum height of a .house in the city is 25 feet, and if it is on a sloping site, that would be the average between the high and the low point. He did not feel that a two- story house would block any view. Ms. Skow indicated that with the open space easement, the subdivision might be something she could live with. Jim Jones, adjacent property owner and owner of a portion of the Sydney Street extension, spoke on the request. He felt that if the existing street is to be accepted as a dedication, it should be up to city specifications. The public hearing was closed. Ken Bruce explained that the most awkward part of this request for him has to do with the access (street/driveway) . Since the existing easement encroaches into the lots that the proposed. subdivider wants to create, it diminishes the lot area for development severely in practicality, in terms of net area. Another complication has to do with the drainage or seasonal creek that runs through the property, of which some of it is already culverted. This particular subdivision request would be to culvert the rest of the creel site and grade. over it. Because of the existing topography in the low area where the chicken pens are located, he said that the Department of Fish and Game has recommended that the area be left in its open and natural state, and city staff is recommending the same. If no additional grading happens on the site, he felt that building a house on proposed lot 1 is not impossible, but could be difficult. It is the city's general policy to have drainage channels, creeks, and swales left in their natural state and be open, as opposed to culverting, and because of the Fish and Game requirements to keep some riparian area, culverting could be complicated. Ken Bruce explained that since there are exceptions to the Subdivision Regulations being requested, the map must be acted upon by the City Council, who is the only body allowed to grant exceptions to the city's Subdivision Regulations. Therefore, he referred this item to the City Council for resolution. He noted it is tentatively scheduled for their meeting of August 7, 1990. He explained that his recommendation to the Council will be denial, based on the following findings: Findings 1. The design of the subdivision is inconsistent with the general plan policies for development of hillside areas. 2. The site is not physically suited for the density of development proposed. ;Z-;23 Page 4 i 3. The design of the subdivision does not conform to the minimum frontage and lot size standards of the city's Subdivision Regulations, and circumstances which would justify approval of exceptions do not exist. �1�trr-l�ro , LATE �"'K'QCJ d�1�i # o� To: Mayor Dunin Members of the City Council, City of San Luis Obispo , From: Mr. and Mrs. Donald M. Coats /--_, -•, ;= �, -�^ 1751 Sydney Street San Luis Obispo, CA 93401 Subject: 1815 Sydney Street; R-1 Zone �_T•T.__ dr1w _ Request to create a two lot residential subdivision. Before the Members of the City Council is a request to act on a tentative parcel map creating a two lot residential subdivision at 1815 Sydney Street; R-1 Zone. Our home, located at 1751 Sydney Street, is immediately adjacent to the property in question and therefore any action by the council directly affects us. For that reason we would appreciate your consideration of our comments before you make your decision. When we purchased our home over 20 years ago there were two residences beyond our home on Sydney Street . Adjacent to our property was one parcel of about 5 acres owned by James P. Jones, 1810 Sydney Street. During the past few years this parcel has been subdivided into 6 lots [one of the lots is the subject of this Council action] . The second residence is outside the city, but reached via an easement through the 1810 Sydney Street parcel . In recent years this land has been further developed causing an �- increased flow of traffic through the easement. In 1970 when we purchased our property there was a barricade across the end of Sydney Street. An opening through the barricade allowing access to the adjacent property is 13 feet wide and open on the curbside directly in front of our property at 1751 Sydney Street. This makes it impossible for us to use the entire curb length in front of our house for parking as vehicles entering the area beyond the barricade must hug the curb to pass thru the barricade opening. A number of years ago I discussed the barricade with the City Engineer, Mr David Romero. To the best of my memory he said if the property was ever subdivided provisions would need to be made for a cul-de-sac or other means for handling traffic at this dead end. When considering the lot split, we request the City Council to also consider the problem of handling the traffic and parking at the end of Sydney Street. The parking problem in front of our house could be easily solved by either removing or by opening the barricade through the center instead of at the right side along the curb. We do not object to the request to split 1815 Sydney Street into two lots. However, we ask the City Council to stipulate along with the lot split, provisions for a better access to the property as related to the present barricade structure used as a closure ah the Sydney Street. G EI V E attachments [2l SEP 4 1990 h r Fr». 5 � �iL4R9, w N 1810 SYDNEY STREET 1815 SYDNEY STREET O 9 os too a BAnIcADE 4off low Lt7 1751 SYDNEY STREET AC E�+ c' s� PARKLAND TERRACE _ +4 x, t •i •i• ' _ QS � d 1 }'k N e j •�i - � �1 � MSI rr S,s 133.E - � ix�-:✓ 1• r . � 1 f i� { t � a"'�^ � I a"Y'� '�•La � 11 Fq.K.y�? '`2'i tw.4'Airt; F 'M,y' r ✓ t, / s . 11 :fd a i Y•. S n.�+t�rRt ., ,t �� rY t�� �F 'Ld 4�•t`iV.�S y�l I r'1 *.� 'S. 1, - .. �;f �3.5 .�ir;i�f� lP ��a� l��,li' 1��� t rl' � 'I'.1 } '•••. ,1, �i •i ' ��ji!'N •" y;R�7 t'✓>"t' 'RF moi' v z.}¢i•yl :.'SSI w it -�' n Illk f 7l.r t •� �Y i C4 v r .1 . , yi a Ix . �X 1r_ "�, •II 1 � 1F1�a'V '.l"jE 1 l r .. 1 „• 11 kix5 ,�.,•'u C;?*s :� tlt r�Y. � 71 �v •i.jr.a tr. 3P •yam .�,•,r �,�; ,�.: �•VV - t T i `` a i•.. t,,�}WF�"� )r fxt r'! r! `qt•'. Y� 1p r. / 1 L'% yf, I�• R! U FILL'' w i y�N . ,I . .y -� � 1�� �,r r iitt�5e •�'' 1ri1,a5 , Ji� /f C—: yy r �� r 'I'` r Y•'. �•S I y_:., / ! 'srN � � it t / .. - p,{ w AGENDA DATE E -4`-Qo ITEM # � July 31, 1990 To: Mayor Dunin Members of the City Council, OCity of San Luis Obispo / From: Mr. and Mrs. Donald M. Coats i 1751 Sydney Street / � • .. San Luis Obispo, CA 93401 Subject: 1815 Sydney Street; R-1 Zone Request to create a two lot residential subdivision. Before the Members of the City Council is a request to act on a tentative parcel map creating a two lot residential subdivision at 1815 Sydney Street; R-1 Zone. Our home, located at 1751 Sydney Street, is immediately adjacent to the property in question and therefore any action by the council directly affects us. For that reason we would appreciate your consideration of our comments before you make your decision. when we purchased our home over 20 years ago there were two residences beyond our home on Sydney Street. Adjacent to our property was one parcel of about 5 acres owned by James P. Jones, 1810 Sydney Street. During the past few years this parcel has been subdivided into 6 lots [one of the lots is the subject of this Council action] . The second residence is outside the city, but reached via an easement through the 1810 Sydney Street parcel. In recent years this land has been further developed causing an increased flow of traffic through the easement. In 1970 when we purchased our property there was a barricade across the end of Sydney Street. An opening through the barricade allowing access to the adjacent property is 13 feet wide and open on the curbside directly in front of our property at 1751 Sydney Street. This makes it impossible for us to use the entire curb length in front of our house for parking as vehicles entering the area beyond the barricade must hug the curb to pass thru the barricade opening. A number of years ago I discussed the barricade with the City Engineer, Mr David Romero. To the best of my memory he said if the property was ever subdivided provisions would need to be made for a cul-de-sac or other means for handling traffic at this dead end. When considering- the;,lot ;Split, we request the City.- Council to also consider the problem of handling the traffic and parking at the end of Sydney Street. The parking problem in front , of our house could be easily solved by either removing or by opening the barricade through the center instead of at the right side along the .curb. we do not object to the request to split 1815 Sydney Street into two lots. However, we ask the City Council to stipulate along with the lot split, provisions for a better access to the property as related to the present barricade structure used as a closure at the end of Sydney Street. RECEIVED attachments [21 SEP 4 1990 w N 1810 SYDNEY STREET =' 1815 SYDNEY STREET a e oma oa a BARRICADE 40{+ y W a 1751 M-SYDSTREET H cn - C' w 4 PARKLAND TERRACE •: R a •r .t�� ��li: 3 ! � � �• is �. +�411It �! 1 LV • X v- �cY. r - a x t it� :��I`�"� 'Y!ja�t�}� '1� `�i•` ;•, _ — ~. . t t � t:� L �'h l tr f •L 1yy�Y ,aft :� a't 1 1� wf ti t. S•. I%� r l�r� rY°1 .. ,fir r .1�` YYYYYY _ I�` L{+ JI I t v t rrlr'J_ -Z r - � Y J � d „1...���yyy,,, S• � ��"` .sit. ` � h�.• rk:��,�