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HomeMy WebLinkAbout11/20/1990, 2 - MINOR SUBDIVISION 90-257 -- CONSIDERATION OF A TENTATIVE MAP TO CREATE TWO LOTS FROM ONE LOT, AND A MEETING DATE: I-Acio city of San tins OBISp0 ITEM NUMBER: a COUNCIL AGENDA REPORT FROM: Ar?rSubdivision Jo s, Community Development Directo By: Jeff Hosociate Planner SUBJECT: Mi 90-257 -- Consideration of a tentative map to create two lots from one lot, and of a request for exceptions to lot depth, width, and area requirements at 2011 Chorro Street, between High and Broad Streets. CAO RECOMMENDATION: Adopt resolution denying the tentative map and the subdivision exceptions as recommended by the Subdivision Hearing Officer. BACKGROUND The subdivider wants to split an 8,705 square foot lot with two houses into two lots, each with one house. Parcel A, fronting on Chorro Street, would cover 4,250 square feet. Parcel B, fronting on Broad Street, would cover 4,455 square feet. The lot split would recognize the current use of the property by locating the new lot line along an existing fence which separates the rear yards of the two houses. Although the property is zoned C-N (Neighborhood Commercial) , the current use of both parcels is residential. The request is solely to create a new lot, and no new development is proposed. Since the tentative map does not meet city standards for minimum lot width, depth, or area, the subdivider requests an exception from the City Council. The tentative map was previously designated as MS 90- 185, but was renumbered by the subdivider when minor revisions were submitted. SIGNIFICANT IMPACTS No significant environmental• or fiscal impacts are likely. The project has received a mitigated negative declaration, subject to the requirement that the property owner grant an easement for a future common driveway. This would mitigate issues dealing with General Plan consistency, vehicle access and circulation. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION The recommended action to deny the tentative map is based on the Community Development Director's decision that the map is not consistent with the General Plan's commercial designation of the property. Council action to approve the lot split would result in the creation of two lots which do not conform to subdivision standards, and which are less suitable for their designated commercial use than the current lot. ' Data summary Subdivider/Property Owners: Alan and Susan MacMeekin city or san Luis osispo COUNCIL AGENDA REPORT Staff Report Page 2 Representative: Jensen - Lenger Surveys Zoning: C-N General plan: Neighborhood-Commercial Environmental status: Mitigated negative declaration granted on August 30, 1990 site description The 8700 square foot site is located in a neighborhood of mixed residential and commercial uses. It is located on a triangular- shaped block bounded by Broad, High, and Chorro Streets. Adjacent uses include professional offices and houses to the north, east, and- south; and houses, a beauty salon and a service station across Broad Street to the west. No significant vegetation would be affected by this minor subdivision. EVALUATION Subdivision Regulations require that lots in the C-N zone have a minimum width of 60 feet, minimum depth of 90 feet, and a minimum area of 6, 000 square feet. The existing lot meets depth and area requirements, but is non-conforming due to its 50 foot width. The proposed minor subdivision would create additional non-conformities because the new lots would have less area and depth than is required for commercial lots. Hence, the subdivision appears inconsistent with the intent of city policies which discourage the creation of non-conforming lots, and to encourage the eventual combination or resubdivision of non-conforming lots to make them conforming. To proceed with the project, the subdivider needs a City Council exception. Staff questions whether the required findings can be made to approve the requested exceptions, and can see no special circumstances or development limitations which would support the exceptions to subdivision standards. Although the lot's use is currently residential and likely to remain so, the General. Plan provides for its eventual conversion to commercial uses. Land Use Policies Residential uses are conditionally allowed in the C-N zone. The zone also allows a range of commercial uses like grocery and drug stores, restaurants, beauty salons, bike shops, branch banks or savings and loans, and specialized retail shops. During the citywide rezoning in 1977-78, the Planning Commission and City Council considered the idea of rezoning this entire block to medium-density residential (R-2) . A small portion of the block was then zoned R-2. The Council eventually decided to rezone all but one lot to C-N. The Planning Commission and City Council determined that C-N was more consistent with the changing character r ���1�N��iIIIIIIIIP ��IU city of.san tuts osispo NNIGn COUNCIL AGENDA REPORT Staff Report Page 3 of the neighborhood, and that it would promote General Plan goals for improved neighborhood shopping opportunities. The overall land use strategy in this area was to provide a contiguous C-N "strip" along both sides of Broad Street between Alphonso Street on the south to Upham Street on the north. Access and Circulation The proposed lot split will not affect current land uses; however the subdivision may limit the feasibility of C-N uses in the future since the resultant .lots will be smaller and have only one street frontage, limiting their access, visibility, and developable area. For example, Parcel 2 which faces Chorro Street, a residential collector, would lose its potential for access and visibility from Broad Street (State Highway 227) . The City's Land Use Element (LUE) encourages C-N uses to have access from arterial streets to avoid the concentrated use of residential collector or local streets for truck delivery or customer traffic. Conversely, with subdivision approval Parcel. B would have access only onto Broad Street, with an average daily traffic volume (ADT) of about 10,400 vehicles per day. The loss of the potential for alternative driveway access could make it more difficult for motorists to enter and exit the site during peak traffic hours. The adjacent lots to the south have configuration similar to that proposed, and have the same access limitations. While the houses remain, dual-frontage access is neither needed nor desirable. However if the subdivision is approved, some provision for alternative access should be reserved to allow future commercial use, and to comply with LUE policies regarding access for commercial lots. CONCURRENCES Fire Department staff notes that the existing garage (parcel 2) at the rear property line must be modified to meet fire protection standards of the Uniform Building Code (Table .5A - wall and opening protection based on building setback from property line) . ALTERNATIVES 1. Continue consideration of the tentative map with direction to the subdivider on changes or additional information needed; or diN11i��i��lllllll�° ���ll MY Of San lues OBISPO COUNCIL AGENDA REPORT Staff Report Page 4 2. Adopt a resolution approving Tentative Parcel Map MS 90-257 and the subdivision exceptions. Attachments: -Draft Council Resolutions -Vicinity Map -Tentative Parcel Map MS 90-257 -Subdivider's Statement -Initial Environmental Study -Exhibits "A" and "B" r- C' RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE MAP FOR MINOR SUBDIVISION NO. 90-257 (FORMERLY MS 90- 185) LOCATED AT 2011 CHORRO 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. 90-257, and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map is inconsistent with the General Plan and the Subdivision Regulations. 2 . The design of the subdivision will conflict with access through or use of the property for commercial uses. C 3 . The proposed subdivision"is not physically suited for the type and density of development allowed in the C-N zone. 4 . 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, pursuant to the requirements of the City's Environmental Guidelines and the California Environmental Quality Act. SECTION 2. Action. The tentative parcel map for Minor Subdivision No. 90-257 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 . C 1990. 1 Page 2 Mayor Ron Dunin ATTEST: City Clerk Pam Voges f APPROVED: !City Administrative Officer C' y for e Communit evelopment Director � r CRESOLUTION N0. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE TENTATIVE MAP FOR MINOR SUBDIVISION NO. 90-257 (FORMERLY MS 90-185) LOCATED AT 2011 CHORRO 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. 90-257, and the community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map is consistent with the General Plan. 2 . The site is physically suited for the type and density of development allowed in the C-N 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 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 into the conditions of approval for the tentative map. SECTION 2. Exceptions. The subdivider' s request for exceptions to the Subdivision Regulations to allow lot areas of 4,260 and 4,445 square feet where a minimum of 6, 000 square feet is required; and to allow lot depths of 66. 83 feet and 88. 50 feet where 90 feet is required is hereby approved, based on the A following special circumstances: i Resolution No. (1990 Series) Page 2 A. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible, impractical or undesirable, in this particular case, to conform to the strict application of the Subdivision Regulations; and B. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for the exceptions; and C. The proposed exception will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and D. Granting this exception is in accord with the intent and purposes of these regulations, and is consistent with the General Plan and with ail other applicable plans of the City. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. 90-257 be subject to the following J conditions: 1. The subdivider shall submit a final map to the Community Development Director for approval and recordation. 2 . The subdivider shall install street trees and install and/or repair frontage improvements to the satisfaction of the City Engineer. These improvements may be* postponed by the. City Engineer until such time as either or both parcels is redeveloped. 3.. The subdivider shall comply with subdivision requirements for lot access by granting an easement to allow reciprocal access for Parcels l and 2 as shown on either Exhibit "A" , or "B" , attached. SECTION 4. Code Requirement. The following . represent standard requirements .required by various codes, ordinances, and policies of the City of San Luis Obispo, but are not limited to the following: „J��.`•'',.``�,.•;,p•,,d'(...pet. •,•••`• ,.`' •.o `••' \ as% less Bill”" sit --'1 e r— �•astr r 1104 10 wo 0,11 a. ca r � Goo 5 • :'FR' o6r at A 461�.aaal.s esab►ea%r "I, . Lear El Yi • • 7' • 4 '�l• �� YY1. �Y � ' .4M t • 1 � I s ' '� 7N ^ CM = t ' .0 min • \V �. . c>• sa fir' N •wcaoa — 4 4..r—"FA, ..J '• r r— iit I•.•1 < 1••D • i Ll t 3 D j �`j •v i �_ !G I u � ! .•a•• r2 IC17 0 .» rr •va y �ais jkao•is el N- f NLu . . . • Q [] LL. 0 ie r ' r + •.a... IWO •' i H � O Resolution No. (1990 Series) Page 3 1. Subdivider shall install street trees on both street frontages in accordance with city standards and to the satisfaction of the City Arborist. 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 Ron Dunin ATTEST: City Clerk, Pam Voges APPROVED: §I�nistritivetfficer Ci or ey C0� Commimit Development Director - s Y lav �a� e •s.eatssyr s�...,.� � ig : f v 4 • e�� • j Q t�`o �•ev •N �r O � •_ _ :tea 7.//X7.17► Q Z� 4 4 • \ �I w y � .�C3 \� �' • j/1' 1 1! y • ` � � .+ t ��y � � • � ��$ ,a tea • ►% E 31 ot It J 5S C1100, p m LLJi September 20, 1990 Subdivider Statement In June, 1972 we moved into our home at 2011 Chorro Street . We enjoy the Old Town Neighborhood and plan to continue living here. We propose to remodel the interior of our home and refinish the exterior. The exterior refinishing would include landscaping in the front yard. These improvements would enhance the residential qualities of the. Chorro Street area and is in keeping with other recent remodels of neighboring homes. We intend to complete the project within 18 months after subdivision of the property. The property split will enable us to improve the Chorro Street house independently of the Broad Street property. We have no plans for commercial use of the property and would not object . to R1 zoning of the Chorro Street lot. Additionally, we are asking exception to :the 6, 000 square foot and 90 foot depth - requirement for a single lot . The unique situation of two existing homes fronting on two different streets lends itself .well to two seperate lots. Alan MacMeekin, owner Susan MacMeekin, owner- . .� a - 1C Clt/ Of SM WIS OBISPO INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 2011,Broad Street APPLICATION NO. 2. 19-90 PROJECTDESCRIFTIO - uest t0 Create two lots from a Single existing lot the C-`I (neigh- borhood Commercial) zone,. and for armroval of an excevtion to allow. of area and depth than is required by the Subdivision Regulations,- 11S 90-185. APPLICANT -Alan ttadieekin, property planer_ STAFF RECOMMENDATION: _ X NEGATIVE DECLARATION X- MITIGATION INCLUDED EXPANDED INITIAL STUD ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY Jeff - sociate PlaTmer DATE 8/24/90 COMMUNITY DEVELOPM IRECTOR'S ACTION: DATE SUMMARY OF INITIAL STUDY FINDINGS L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS, A. COMMUNITY PLANS AND GOALS .................................................... Toner B. POPULATION DISTRIBUTION AND GROWTH...:...................................... :•Ione C. LAND USE ........................................................................., Yes* D. TRANSPORTATION AND CIRCULATION .......... ................................_. 'lone E PUBLIC SERVICES................................................................ ':'one F. UTILITIES..................................................................... ... �1one G. NOISE LEVELS .................................................................... 'Ione H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... T-lone L AIR QUALITY AND WIND CONDITIONS._........................._.a................, *Ione J. SURFACE WATER FLOW AND QUALITY .............................................. :one KPLANT LIFE......................:................................................ `bne L. ANIMALLIFE......................,.............................................. 'Ione M. ARCHAEOLOGICAL!HISTORICAL..'................................................. x „ N. AESTHETIC......................... ....... . . 'InnP- - 0. ENERGYIRESOURCE USE .............................................................. Urm P P..o-rian......_...;.._......................... ........_......a....... .... O 'III.STAFF RECOMMENDATION •11ITICATED NEGATNE DECI"TION* •SEE ATTACHED REPORT ;L Initial Study, ER 19-90 Page 2 I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The subdivider has submitted a tentative parcel map to subdivide a 8,705 square foot lot with two houses into two lots, each with one house. Parcel A, fronting on Chorro Street, would cover 4,250 square feet. Parcel B, fronting on Broad Street, would cover 4,455 square feet. The lot split would recognize the current use of the property by locating the new lot line along an existing fence which separates the rear yards of the two houses. Although the property is zoned C-N (Neighborhood Commercial), the current and planned use of both parcels is residential. The request is solely to create a new lot, and no-new development is proposed. Since the tentative map does not meet city standards for .minimum lot width, depth, or area, the subdivider requests an exception from the City Council. The site is located in a neighborhood of mixed residential and commercial uses. The site is located on a triangular-shaped block bounded by Broad, High, and Chorro Streets. Adjacent uses include professional offices and houses to the north, east, and south; and houses, a beauty salon and a service station across Broad Street to the west. No significant vegetation would be affected by this minor subdivision. 11. POTENTIAL IMPACT REVIEW A. Community Plans and Goals The Subdivision Regulations require that lots in the C-N zone have a minimum width of 60 feet, minimum depth of 90 feet, and a minimum area of 6,000 square feet. The existing lot meets depth and area requirements, and is now non-conforming due to its 50 foot width. The proposed minor subdivision would create additional non-conformities because the new lots would have less area and depth than is required for commercial lou. Hence, the subdivision appears inconsistent with the intent of city policies which discourage the creation of non-conforming lots, and to encourage the eventual combination or resubdivision of non-conforming lots to make them conforming. The inconsistency is a land use policy issue rather than an environmental one. To proceed with the project, the subdivider needs an exception from the regulations. Significant Impact: None. City Council approval of an exception will resolve the policy conflict. If the exceptions are not approved by the Council, the minor subdivision cannot be approved and the issue is moot. C. Land Use Residential uses are conditionally allowed in the C-N zone. The zone also allows a range of commercial uses like grocery and drug stores, restaurants, beauty salons, bike shops, branch banks or savings and loans, and specialized retail 'shops. During-the _ citywide rezoning in 1977-78; the Planning Commission and City Council Initial Environmental Study, ER 19-90 C, Page 3 considered the idea of rezoning this entire block to medium-density residential (R-2). A small portion of the. block was then zoned R-2. The Council eventually decided to rezone the entire block to C-N. The Planning Commission. and City Council determined that C-N was more consistent with the changing character of the neighborhood, and that it would promote General Plan goals for improved neighborhood shopping opportunities. The overall land use strategy in this area was to provide a contiguous C-N "strip" along both sides of Broad Street between Alphonso Street on the south to Upham Street on the north. The proposed lot split will not affect current land uses; however the subdivision may limit the feasibility of. C-N uses in the future since the resultant lots will be smaller and have only one street frontage, limiting their access, visibility, and developable area. For example, Parcel 2 which faces Chorro Street, a residential collector, would lose its potential for access and visibility from Broad Street (State Highway 227). The City's Land Use Element (LUE) encourages C-N uses to have access from arterial streets to avoid the concentrated use of residential collector or local streets for truck delivery or customer traffic. Conversely, with subdivision approval Parcel B would have access only onto Broad Street, with an average daily traffic volume (ADT) of about 10,400 vehicles per day. The loss of the alternative driveway access could make entering and leaving during peak traffic hours the site more difficult for motorists. The adjacent lots to the south have configuration similar to that proposed, and have the same access limitations. Provided that the houses remain, dual-frontage access is neither needed nor desirable. However some provision for alternative access should be.reserved to allow future commercial use, and to comply with LUE policies regarding access for commercial lots. There are two ways to reserve future access, illustrated in Exhibits "A" and "B": A. A 12-foot wide reciprocal access easement would be reserved along the south property line, and would become effective upon conversion of either lot to a non- residential use. It would require the eventual removal of a portion of the structure on Parcel B to accommodate the common driveway. This preserves the option of both lou having access to either frontage. This is the preferred approach since it would maintain alternative access without the need to secure access across adjacent properties. Its drawback is that it directs at least some commercial traffic to use a residential street-(Chorro Street). B. A 16-foot wide easement would run from the south property line of the. proposed subdivision, north to High Street across the rear of lots at 2000 Broad Street and 2003/2005 Chorro Street. The advantages of this approach are that it would allow a wider common driveway, serve four to six lots, and direct commercial traffic to High Street — a wider collector street which could more easily accommodate the additional traffic with minimal effect on the neighborhood. The disadvantage is that it.would require an access easement over.apt least one other property to work. This could postpone extension of the.access easement to CHigh Street indefinitely. ,- Initial Environmental Study, ER 19-90 Page 4 With either approach, the total traffic volume generated by commercial uses on these lou would be relatively minor compared with traffic volumes on Broad Street. The recommended easement would, however, maintain consistency with commercial land use policies, and preserve the option for future commercial redevelopment of the block. Significant Impact: None, provided that the subdivider includes a reciprocal access easement as part of the minor subdivision, as shown in either Exhibit "A' or "B." III. STAFF RECOMMENDATION: Mitigated Negative Declaration Grant a negative declaration; subject to the following measure being included in the project 1. Subdivider shall comply with subdivision 'requirements for lot access by granting an easement to allow reciprocal access for Parcels A and B as shown on either Exhibit "A" or "B", attached. Attachments: -Vicinity Map Tentative Parcel Map SLO 89-082- -Exhibits 9-082-Exhibits "A" and "B." `J �i DIRECTOR'S SUBDIVISION HEARING - MINUTES FRIDAY OCTOBER 5, 1990 Minor Subdivision No. 90-257 (Formerly MS 90-185) ; Consideration of a tentative parcel map creating two lots from one lot; 2011 Chorro Street; C-N zone; Alan MacMeekin, subdivider. Pam Ricci presented the staff report, explaining that the subdivider wants to create a lot line between two existing houses. One house has frontage on Broad Street and the second house has frontage on Chorro Street. She noted there are two main issues that complicate the processing of the map. One is that, while the site is residentially developed, it is zoned neighborhood commercial (C-N) . She explained that one of staff's major concerns with the .proposal is that the lot split would limit the feasibility of developing the lots with C-N uses in the future, since the lot could be smaller and have only one frontage. The second concern, she noted, is that exceptions to the Subdivision Regulations for lot dimensions and area would need to be approved by the City O Council in order for the parcel map to be approved. City policies discourage the creation of non-conforming lots. Therefore, staff recommends denial of the map, based on findings which she outlined. The public hearing was opened. Alan MacMeekin, subdivider, spoke in support of the request. He said he wants to create two parcels, and felt the situation was unique because of the two frontages on different streets and existing buildings. He noted that the existing zoning is not as important as splitting the parcels, which would allow him to improve the existing buildings independently of each other. Ken Bruce asked if the subdivider would consider filing an application for a rezoning, and Mr. MacMeekin responded .that he would. Mr. Bruce discussed the environmental review mitigation measure asking for an access easement that would go all the way through and serve both lots from both streets for access. He asked for Mr. MacMeekin's feelings on that. Mr.. MacMeekin felt it would be possible and he had no objection to that. He stated that at this time, he has no plans at all for commercial development. He said that about 11 years ago they attempted a commercial development, but the parking requirements were so intense that one entire building would have had to be removed. He felt the residential qualities of the parcel that faces Chorro Street is what is important to him now. CKen Bruce asked if the house on Parcel 2 that fronts on Chorro Street is Mr. MacMeekin's personal residence. Mr. MacMeekin 2 Page 2 responded that it. is. The, other house on Parcel 1 is a rental unit. The public hearing was closed. _ Ken Bruce forwarded this item to the City Council, recommending denial of the request, based on the following findings: 1. The design of the tentative map is inconsistent with the general plan and Zoning REgulations and would result in two lots which are less conforming to city . ttandards than the current lot. 2. The design of the subdivision and type of improvements will conflict with access through the use or property . for commercial uses. 3. The site is not physically suited for the type and density of development allowed in the C-N zone. Ken Bruce explained that he would recommend the Council consider granting exceptions and approve the tentative map if the .property was rezoned from its current C-N designation to R-2. Ken Bruce explained that the city's Subdivision Regulations state �) that parcel maps (subdivision maps of 4 parcels. or less) go to the Community Development Director or his designee for action. Subdivisions that require exceptions must be forwarded to the City Council who is the only body that can grant exceptions. Recommendations by the Hearing Officer will be considered when the City Council makes its decision. ` BZ /oy./8 Howe W. R= ZG• . I 0 c S4475 office h fj,?OS s'f 0Z68f 4,250 S.F. HOVSt I yp�/se � ssY h v�1 PARCEL B 8 41455 3 297 ; 49.05, ii •9' �r`A "• �r/GG •� SBs of PREPARED i C7 JENUN-UNGER SUR""" DO BOX IIIS SAN UIS Obispo'. CA. 93,06 489 cy47 ^ FEB 1986 y` 2• I 1 � /D 9.78 PR y JG O we& 4 026Avon f 4,250 S.F. y t ,yovse '" Novae �U JVv h 5!S6T6AUt> _ l PARCEL 6 Wiz ' 8 414SS SF 1/Gllf'� 0 � r PREPARED BYE JE►iSEN•LENGER SURVEYS DO BOX 1115 Ci-ALS mLuis OBISPO . CA. 93106 489 664 T FEB v Z ,.