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CC - PUBLIC HEARING: Adoption of a Resolution Approving an Exception to a Subdivision Design Standard (CCMC Section 15.10.700.C) Requiring Lot Frontage Along a Dedicated Public Street or Access to Same Via a Certain Sized “Stem” of a “Flag Lot” as Part of Planning Commission approved Administrative Site Plan Review, P2015-0122-ASPR and Tentative Parcel Map, P2015-0122-TPM, that Allows the Development of a 3-Unit Townhome Style Subdivision at 4241 Duquesne Avenue in the Medium Density Multiple-Family Residential (RMD) Zone.
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Contact Person/Dept: Jose Mendivil
CDD Phone Number: (310) 253-5757
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: Yes [X] No []
Commission Action Required: Yes [X] No [] Date: 03/09/16
Commission Name: Planning Commission
Public Notification: (E-Mail) Meetings and Agendas - City Council (04/25/16 and 05/03/16); Mailed to all the property owners and occupants within a 500 foot radius extended to the end of the block. Emailed to the City’s Master Notification List and Posted on the City’s website on April 25, 2016.
Department Approval: Sol Blumenfeld, Director of Community Development
(4/26/16)
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RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving an exception to a subdivision design standard (CCMC Section 15.10.700.C) requiring lot frontage along a dedicated public street or access to same via a certain sized “stem” of a “flag lot” (Attachment No. 1) in order to allow construction of a 3-Unit Townhome Style Subdivision at 4241 Duquesne Avenue in the Medium Density Multiple-Family Residential (RMD) Zone (Project).
PROCEDURE:
1. The Mayor seeks motion to receive and file the affidavit of mailing and posting of public notice.
2. The Mayor calls on staff for a brief staff report and City Council poses questions to staff as desired.
3. The Mayor seeks a motion to declare the public hearing open, providing the applicant the first opportunity to speak, followed by the general public.
4. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
3. The City Council discusses the matter and arrives at its decision.
BACKGROUND:
On October 23, 2015, Work Plays Architects (Applicant) submitted an application for an Administrative Site Plan Review and Tentative Parcel Map to allow the development of 3 detached townhome style residential units. The Project requires approval of an:
• Administrative Site Plan Review (ASPR) to build three residential units (final approval by the Planning Commission on March 9, 2016);
• Tentative Parcel Map (TPM) to allow the creation of a 3-Unit Townhome Style Subdivision (final approval by the Planning Commission on March 9, 2016).
• Exception to the subdivision design standard (CCMC Section 15.10.700.C) requiring lot frontage along a dedicated public street or access to same via a certain sized “stem” of a “flag lot” (Planning Commission, on March 9, 2016, recommended City Council approve the exception to the subdivision design standard).
On March 9, 2016, the Planning Commission, after considering the staff report, the application materials, applicant presentation, and providing for an opportunity for public comment, adopted Resolution No. 2016-P003 (Attachment No. 2) approving Administrative Site Plan Review, P2015-0122-ASPR and Tentative Parcel Map, P2015-0122-TPM, and recommending the City Council approve the exception to the subdivision design standard as noted above. No appeals were filed on the ASPR and TPM and the Planning Commission decisions on those items are final. For this agenda item, the City Council is requested to act only on the exception noted above. Please see Attachment Nos. 3 through 5 (Planning Commission Staff Report, Preliminary Development Plans, and Planning Commission Minutes) for a detailed review of the Project.
ANALYSIS:
The State Subdivision Map Act and Culver City Municipal Code (CCMC) Chapter 15.10 regulate land subdivisions and require the submittal of a tentative parcel map for subdivisions. In addition, CCMC Section 17.210.020 - Table 2-4, Residential District Development Standards (RLD, RMD, and RHD), requires a minimum lot area of 5,000 square feet or the average area of residential lots within a 500-foot radius of proposed subdivision. However this section also states that condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area determined through the subdivision review process, provided that the overall development site complies with the minimum lot size requirements of the Zoning Code. The overall Project will maintain its current 6,750 square foot lot area with a reduction to 6,250 square feet after a 10 foot dedication for future widening of Duquesne Avenue. The overall 50 foot lot width will not change and the overall lot length of 135 feet will be reduced to 125 feet after the 10 foot dedication noted above. Thus the overall Project lot configuration, including the area, width, and length, will comply with the RMD development standards. Through the subdivision process three small land lots for townhome style development will be created within the existing conforming lot.
The Public Works Department reviewed the tentative parcel map (part of Attachment No. 4) for the proposed subdivision and found it to be in compliance with all applicable State and local regulations. However the middle and rear lots will not have the City Subdivision standard minimum street frontage of a 10 foot stem each for adjoining lots that provide street frontage through a stem or flag (CCMC Section 15.10.700.C). A stem is the prolongation of a flag lot or the “pole” section of a flag lot that leads to direct frontage with the public right-of-way or private road.
CCMC Section 15.10.085 allows for exceptions to be made to the subdivision rules, regulations and standards if the Planning Commission determines, based on written findings, that conditions affecting the site warrant such exceptions. The Commission’s recommendation is then subject to approval by the Council.
The applicant is requesting that an exception to the subdivision requirements be made, pursuant to CCMC Section 15.10.085, because the conditions affecting the Project site warrant and require that an exception be made to certain subdivision design standards set forth in CCMC Section 15.700.C. CCMC Section 15.10.700 sets forth general design standards governing the approval of any subdivision map. The Project’s middle and rear lots cannot accommodate the City Subdivision standard minimum of a 10 foot stem each per CCMC Section 15.10.700.C.
The Project is providing a 12 foot wide driveway easement for all three lots on which the dwellings will be located similar to a standard condominium or townhome development wherein all three units are attached. The Project is consistent in design and function with condominium and attached townhome developments. The key difference is that each resident will own the dwelling as well as the land around it as opposed to all three residents owning the land around the dwellings in common. The 50 foot lot does not allow for two 10 foot wide stems because the driveway would be 20 feet, diminishing the ability to provide a viable living space. The street frontage standard (or street frontage for land lots through a stem or flag with a minimum 10 foot wide stem for adjoining lots) is more applicable to single family lots.
An exception may only be made if it is not an exception to any requirement of the Subdivision Map Act. The requested exception does not violate the Subdivision Map Act because a 12 wide easement for common driveway purposes is provided assuring public right-of-way access for each lot within the development. All required subdivision findings can be made for the Project and all required vehicular, pedestrian, and utility/drainage easements will be made a part of the final map assuring all three lots have required access to the public right-of-way. This exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity.
For these reasons, findings can be made that the conditions affecting the property warrant and require that an exception be made to the requirement for public street frontage and the minimum stem size required for access to the public street via a flag lot. The Planning Commission’s recommendation to the City Council is to approve the exception based on findings set forth in the attached City Council Resolution (Attachment No.1).
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA) guidelines, a Categorical Exemption (Class 3 - New Construction or Conversion of Small Structures) was adopted by the Planning Commission on March 9, 2016, which determined that the Project will not have a significant adverse impact on the environment. The exception is within the scope of the adopted Categorical Exemption (CE) and the circumstances under which the CE was prepared have not significantly changed and no new significant information has been found that would impact the CE, and therefore no new environmental analysis is required.
CONCLUSION:
This is a unique Project for Culver City in that it is providing townhome style development on separate land lots as opposed to the more common condominium type on a common lot with airspace units. Staff worked closely with the applicant to design a project that is compatible with the neighborhood and the immediately abutting properties. The applicant followed staff direction to redesign and modify the Project to meet both the specific Code requirements and the spirit and intent of the design guidelines including unit separation, massing towards the center of each unit, and use of materials to create a design transition between buildings on either side of the Project site. The Project is less dense, has less height, and is fully parked and overall fits well with respect to the prevailing scale and development patterns of the neighborhood. As noted, the Zoning Code permits this type of subdivision and the Project results in far less impacts to the neighborhood and to the environment than a maxed-out, higher density condo/apartment Project on this parcel (the code maximum allowed density for this site is 4 dwelling units).
Based on the conditionally approved site plan and tentative parcel map and recommended approval of the exception, staff considers the Project: compatible with the surrounding neighborhood; adequately served by public facilities; and, consistent with the General Plan, Zoning Code, and all CCMC and State subdivision requirements. Staff believes the findings for the exception to certain subdivision design standards can be made as outlined in the City Council Resolution (Attachment No. 1).
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the proposed resolution.
ATTACHMENTS:
1. Proposed Resolution
2. Planning Commission Resolution No. 2016-P003 with Exhibit A - Conditions of
Approval
3. March 9, 2016, Planning Commission Staff Report (without attachments)
4. Preliminary Development Plans Dated March 2, 2016
5. March 9, 2016, Planning Commission Minutes
RECOMMENDED MOTION(S):
That the City Council:
Adopt a resolution approving an exception to a subdivision design standard (CCMC Section 15.10.700.C) requiring lot frontage along a dedicated public street or access to same via a certain sized “stem” of a “flag lot” in order to allow construction of a 3-Unit Townhome Style Subdivision.