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AGENDA BILL Agenda Item No. 6 Date: February 3, 2015 To: El Cerrito City Council From: Noel M. Ibalio, Senior Planner Margaret Development Services Manager Subject: Planning Application PL14-0107 (Choi) for an Exception to the Subdivision Ordinance to Permit the Creation of a Parcel without Street Frontage ACTION REQUESTED Conduct a public hearing and upon conclusion, adopt a resolution approving Planning Application PL14-0107 for an exception to the Subdivision Ordinance (El Cerrito Municipal Code Section 18.32.050) for a minor subdivision in which frontage on a public street is not provided. Exempt from CEQA BACKGROUND The site is located in the hills of El Cerrito along the eastern border of the City, at the terminus of Clark Place. It is 13,938 square feet in size, is rectangular in shape and is oriented in an east/west direction. The lot is a down sloping lot with a grade of approximately 8 percent. City records show that the house was built in 1926 as a four room house with a utility room and a storage room. A porch was later added in 1947. The existing house is 853 square feet. The house was built 3’ from the northern property line and, as a result, is legal non- conforming with regards to setback required). A variance (Application No. 2222) was approved in 1969 for an accessory structure to exceed the 15’ height limit. On October 15, 2014, the Planning Commission recommended that the City Council approve Planning Application PL14-0107. (See Attachment At the same meeting, under a separate action, the Planning Commission approved a Conditional Use Permit to increase the allowable height of an addition from 25’ to 28’ (Table 19.06-D of the El Cerrito Municipal Code (ECMC)). ANALYSIS The applicant is proposing to subdivide the large rectangular lot into two parcels, one without direct street frontage. This request requires the City to consider an exception to the Subdivision Ordinance. When applications for exceptions to the subdivision ordinance are made for minor ---PAGE BREAK--- Page 2 of 5 subdivisions in which frontage on a public street is not provided for all parcels, ECMC Section 18.32.050 requires the following: A. When vehicular access for two or less dwelling sites is provided by way of a private access road, such road shall be of a minimum width of sixteen feet of pavement. B. Design for private access roads shall be subject to approval of the city engineer. The city engineer shall require curb and gutter and drainage facilities as may in his opinion be needed. A cul-de-sac, with a paved radius of twenty-five feet, or an approved Y- turnaround shall be required to permit forward driving in both directions on private roads. C. Area minimum and frontage minimum for sites fronting on a public street shall be as required by the zoning ordinance. For each site not fronting on a public street in the R-1 zone, the minimum area shall be six thousand square feet; in the R-l-B-l zone, eight thousand square feet; and in the R-l-B-2 zone, ten thousand square feet. Private roads shall not be included in the building site area computations. Setbacks shall be as required in the zoning ordinance, and no part of the private road may be within the setback area. D. All large and deep lot subdivisions shall conform to the general pattern of the neighborhood. E. Since the above procedure involves exceptions to the subdivision ordinance, additional variances relating to yard requirements shall not be granted. The proposal will create one lot fronting on Clark Place (Parcel A) and a second lot at the rear of parcel A (Parcel Parcel A will be 7,477 square feet in size and will have a frontage of sixty feet. Parcel B will be 6,455 square feet in size and will have the minimum required lot width of fifty four feet. The project is proposing to include a 16’ driveway along the southern property line on Parcel A will serve as a reciprocal vehicular access easement for both parcels, connecting Parcel B to Clark Place. The proposed subdivision will not result in any variances to setback requirements for the existing residential structure. Further, staff notes that the granting of the exception is harmonious with the development pattern of the neighborhood, in that, similar lot splits have been executed in the past in the neighborhood. Several deep lot subdivisions have been executed in the immediate area and are consistent with the proposed subdivision. Records show that the property at 901 Clark Place (505-301-023) and 907 Clark Place (505-301-024), tandem parcels fronting on Clark Place, have separate owners, hence a split of the lot into two legal lots of record. Figure 1 shows how the current lots are configured based on the Contra Costa County Recorder’s Office GIS map. Figure 2 shows the 1951 City of El Cerrito Sanborn Map. Between the periods of 1951 to current, the lots in the neighborhood have been reconfigured, combined, and re-subdivided to reflect the current County map. It appears that several lots have been assembled in the neighborhood to provide for larger parcels, while the lot at 901 Clark Place was subdivided to create two separate lots. The figures show that there were subdivisions in the neighborhood that reflect the same subdivision that the applicant is proposing. ---PAGE BREAK--- Page 3 of 5 Figure 1: County Recorder’s Office Table 2: City of El Cerrito Sanborn Map. The Subdivision Ordinance requires that the Planning Commission consider the exception and forward a recommendation to the City Council (ECMC Section 18.32.010). Prior to sending a recommendation to the City Council, the Planning Commission made the following findings pursuant to ECMC Section 18.32.010 A. That there are special circumstances or conditions affecting said property. At 13,938 square feet, the existing property is exceptionally large for the RS-5 zoning designation. Subdividing the property into two lots yields minimum lots greater in size than the minimum RS-5 zoning district of 5,000 feet; and that comply with all relevant sections of ECMC Chapter 18.32.050. B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; The petitioner’s intent is to subdivide the lot and sell the remaining portion at the rear. The approval of this exception allows for the subdivision of the lot into two separate ---PAGE BREAK--- Agenda Item No. 6 Page 4 parcels thereby allowing the petitioner sell the resulting undeveloped lot, while ensuring that both lots meet all relevant sections of ECMC Chapter 18.32.050. C. That the granting of the exception will not be detrimental to the public welfare or injurious to the property in the vicinity of which said property is situated. The lot split would not be detrimental to the public welfare, in that, the subdivision is not causing the creation of new parcels that would be “land locked” or otherwise not accessible from the right of way. Approval of the subdivision creates a new lot and potential additional dwelling unit in the neighborhood, further fostering our Housing Element goal of creating, improving, and preserving new and existing housing units. The subdivision also promotes in-fill development. As noted in Attachment 1, all requirements stipulated for subdivisions of this type have been included as conditions of approval to ensure safe access and use of the rear lot. The proposed subdivision is consistent with development pattern in the neighborhood STRATEGIC PLAN CONSIDERATIONS Approval of the exception to the Subdivision Ordinance for a deep lot subdivision fulfills the following City of El Cerrito Strategic Plan goals: Goal C: Deepen a sense of place and community identity. By approving the exception to the Subdivision Ordinance for a deep lot subdivision, an additional lot is created in an area of the City that is already built out. The additional lot meets the density outlined in the General Plan and minimum lot size requirement outlined in the Zoning Ordinance. Goal F: Foster environmental sustainability citywide. By splitting the lot, resulting in an additional lot, encourages in-fill development, further utilizing existing resources, as a result, fostering environmental sustainability. ENVIRONMENTAL CONSIDERATIONS The exception and parcel map for deep lot subdivision is Categorically Exempt under Section 15315 Class 15 of California Environmental Quality Act. FINANCIAL CONSIDERATIONS The proposed exemption will not result in any financial burden to the City. LEGAL CONSIDERATIONS The City Attorney has reviewed and commented on the proposed exception, and there are no legal considerations at this time. ---PAGE BREAK--- Reviewed by: Scott Hanin City Manager Attachments: 1. Resolution 2. Planning Commission Resolution 3. Plan Set Agenda Item No. 6 Page 5 ---PAGE BREAK--- Agenda Item No. 6 Attachment 1 Page 1 of 4 RESOLUTION NO. 2015-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING AN EXCEPTION FOR A PARCEL MAP REQUIRED FOR A DEEP LOT SUBDIVISION AT 915 CLARK PLACE IN THE RS-5 ZONING DISTRICT WHEREAS, on July 30, 2014, the applicant submitted Planning Application PL14-0107 requesting an exception to the Subdivision Ordinance for a deep lot subdivision. The requested exception would allow the creation of a parcel without street frontage but with access to a public street (Clark Place); and WHEREAS, the subject property is located at 915 Clark Place; and WHEREAS, the zoning district of the site is RS-5 (Single Family Residential); and WHEREAS, the General Plan land use designation of the site is Low Density Residential; and WHEREAS, this project is Categorically Exempt from the provisions of California Environmental Quality Act (“CEQA”) – CEQA Guidelines Section 15315Class 15 – Minor Subdivision; and WHEREAS, on October 15, 2014, the Planning Commission of El Cerrito, after due consideration of all evidence and reports offered for review, recommended that the City Council approve the exception requested in the application; and WHEREAS, on February 3, 2015, the City Council held a duly noticed public hearing on Planning Application 14-0107 for an Exception to the Subdivision Ordinance for a deep lot subdivision. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of El Cerrito does hereby find that this action is exempt from CEQA under Guidelines Section 15315 Class 15 – Minor Subdivision. BE IT FURTHER RESOLVED, that based on all evidence presented at the hearing on February 3, 2015, including all written and oral testimony, the City Council hereby finds as follows regarding Planning Application PL14-0106: A. That there are special circumstances or conditions affecting said property. At 13,938 square feet, the existing property is exceptionally large for the RS-5 zoning designation. Subdividing the property into two lots yields minimum lots greater in size than the minimum RS-5 zoning district of 5,000 feet that comply with all relevant sections of Chapter 18 of the El Cerrito Municipal Code. B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; The petitioner’s intent is to subdivide the lot and sell the remaining portion at the rear. The approval of this exception allows for the subdivision of the lot into two separate parcels ---PAGE BREAK--- Page 2 of 4 thereby allowing the petitioner sell the resulting undeveloped lot, while ensuring that both lots meet all relevant sections of Chapter 18 of the El Cerrito Municipal Code. C. That the granting of the exception will not be detrimental to the public welfare or injurious to the property in the vicinity of which said property is situated. The lot split would not be detrimental to the public welfare, in that, the subdivision is not causing the creation of new parcels that would be “land locked” or otherwise not accessible from the right of way. Approval of the subdivision creates a new lot and a potential additional dwelling unit in the neighborhood, further fostering our Housing Element goal of creating, improving, and preserving new and existing housing units. The subdivision also promotes in- fill development. Finally, the proposal is also consistent with the development pattern in the area and previous subdivisions that have been recorded in the neighborhood. BE IT FURTHER RESOLVED, that after careful consideration of maps, facts, exhibits, correspondence, and testimony, and other evidence written and oral submitted in this matter, and, in consideration of the findings, the El Cerrito City Council hereby approves Application No. PL14- 0107, subject to the following conditions: General Conditions of Approval: 1. The project will be constructed substantially in conformance with the plans dated November 14, 2014. Minor changes may be approved by the Zoning Administrator. All improvements shall be installed in accordance with these approvals. Once constructed or installed, all improvements shall be maintained as approved in the plan set. 2. These Conditions of Approval shall apply to any successor in interest in the property and the Applicant shall be responsible for assuring that the successor in interest is informed of the terms and conditions of this approval. 3. If not recorded with the Contra Costa County Recorder’s Office, this Parcel Map shall expire one year from the date of this action. Fire Department: 4. Address: A. A monument style sign shall be created prior to the issuance of a building permit for the dwelling to be located on the rear lot. It shall be located at the side of the private driveway and plainly visible, externally illuminated, with numbers of contrasting color to the sign’s background; and plainly visible from the street. B. Each house, both the existing and proposed, shall also have externally illuminated, contrasted colors address information be placed on each house prior to final inspection/Certificate of Occupancy. The existing house shall have the address sign completed 60 days from this approval. 5. Gates: A. If an electronic gate is installed across the driveway access a Knox Box shall be placed adjacent to entry gate. ---PAGE BREAK--- Page 3 of 4 B. Manually operated gates shall have a Knox Box Entry System installed for emergency operations. C. All Knox Box Entry Systems used in this project shall be approved by the Fire Marshall before installations. 6. Driveway to rear lot shall be paved and able to support fire apparatus. 7. The parcel map shall be required to illustrate the private access and utility easement running the length of Parcel A. It shall include a hammerhead or other acceptable emergency vehicle turnaround with dimensions acceptable to the Fire Marshall. The turnaround shall be located at the end of the private driveway that accesses the second lot. This private driveway shall be completed prior to the issuance of a building permit for the second (rear) house. 8. Very High Fire Hazard Severity Zone. A. The subdivision is located within the Very High Fire Hazard Severity Zone. B. The new building(s) constructed in the subdivision shall be built to conform to Chapter 7A of the California Building Code, as adopted by the City. C. The properties created by the subdivision shall conform to the El Cerrito Vegetation Management Standards. 9. The Fire Department shall review building plans for compliance before a building permit is issued. A separate plan submittal and permit requirement for Fire Sprinkler Plan. Implementation of these conditions shall be verified prior to the issuance of the Certificate of Occupancy. Public Works Department: 10. Prior to the issuance of a Certificate of Occupancy, the applicant or an authorized agent shall record the approved Parcel Map and all related documents with the County of Contra Costa. After recording of the Parcel Map, the applicant or authorized agent shall return a copy of all recorded materials to the City Engineer. 11. Prior to the issuance of a Certificate of Occupancy, the applicant or authorized agent shall install one to two street trees, tree wells and irrigation system as approved by City Arborist along project frontage. 12. Prior to issuance of a building permit, applicant or an authorized agent shall have reports and plans submitted and approved or any necessary agreements executed for the following: a. Drainage, Grading, Stormwater Control Plan, and Erosion and Sediment Control Plans prepared by a registered civil engineer and complying with the recommendations of the geotechnical engineer of record. All site grading shall be done per ECMC Chapters 8 and 13 and all other relevant laws, rules and regulations. Prior to commencing any grading in excess of 50 cubic yards, obtain a grading permit and approval from the Public Works Department. b. A Stormwater Control Plan complying with the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C3 Guidebook. c. Improvement Plan for work in the public right-of-way including installation of sidewalk, driveway approach, and City street trees along project frontage to meet ---PAGE BREAK--- Page 4 of 4 City and Title 24 Accessibility standards. These improvements will require a Public Works Encroachment Permit. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on February 3, 2015, the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on February 2015. Cheryl Morse, City Clerk APPROVED: Mark Friedman, Mayor ---PAGE BREAK--- Agenda Item No. 6 Attachment 2 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Agenda Item No. 6 Attachment 3 ---PAGE BREAK---