HomeMy WebLinkAbout12/03/1991, 3 - TRACT 2084: SUBDIVISION TO CREATE FIVE COMMERCIAL CONDOMINIUM UNITS AND ONE COMMON LOT. 111111111111111101111 � city o f San LAS OBispo M '" °7
gii% COUNCIL AGENDA REPORT MEM NUMBER:
FROM: Arnold Jonas, Community Developm t Director �o
n
BY: Judith Lautner, Associate Planer,
SUBJECT: Tract 2084: Subdivision to create five commercial
condominium units and one common lot.
CAO RECOMMENDATION
Adopt a resolution approving the tentative map, with findings and
conditions.
DISCUSSION
Situation
The Planning Commission recommended approval of this request, on November
13 , 1991, with little discussion. See the attached Planning Commission
report for discussion.
Data summary
Address: 3523 S. Higuera Street
Applicants/property owners: William and Jutta Portzel
Property owner: Steven Frank
Zoning: C-S-SP
General plan: Service commercial/light industrial
Environmental status: Categorically exempt: conversion of existing
commercial units in one structure from single to
condominium type ownership
Project action deadline: Permit streamlining Act: Apr. 30, 1992
Normal Subdivision map act deadline: 30 days
after receipt of report from Planning
Commission (approx. Jan. 1, 1992)
Attached:
Planning Commission report - Nov. 13 , 1991
Resolutions
Vicinity map
Site plan
3-
MEETING DATE:
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PLANNING COMMISSION STAFF REPORT TEM AMBER:
BY: FILE#
Judith Lautner, Associate Planner T7 2M4 SUBJECT: J
Tentative map to create five air-space commercial condominium
parcels and one large lot
SUMMARY RECOMMENDATION
Recommend approval of the tentative map to the City Council.
BACKGROUND
Situation
The applicants want to subdivide the site into five commercial
condominiums and one large lot.
Data summary
Address: 3523 S. Higuera Street
Applicant/Property owners: William and Jutta Portzel
Representative: Steven Frank
Zoning: C-S-SP
General plan: Service commercial-light industrial
Environmental status: Categorically exempt: conversion of
existing commercial units in one structure
from single to condominium type ownership
(Class 1, Section 15302 .o)
Project action deadline: December 19, 1991 (for Planning Commission
action)
Site description
The site is a 19,468-square-foot trapezoidal-shaped lot in Higuera
Commerce Park, containing an industrial building and parking. The
building is separated into five individual units. The site is
surrounded by service commercial development similar to the site's.
EVALUATION
Division of the site into air-space condominiums will affect
ownership, but not the appearance or any other physical aspect of
the site. The city's primary concern with such subdivisions is the
maintenance of the buildings and landscaping. Creation of
covenants, conditions, and restrictions can address this concern
sufficiently. The city routinely also requires separate utility
lines for each unit. Separate services were built into the
project, so there is no need to make this requirement a condition
of the subdivision.
�' A
Tract 2084: 3523 S. Higuera Street
Page 2
PREVIOUS REVIEW
The City Council approved a similar request on April 1, 1986. The
owners failed to complete the final map.
RECOMMENDATION
Recommend approval of the tentative map, based on the following
findings and subject to the following conditions:
Findings:
1. The design of the tentative map and proposed improvements are.
consistent with the general plan and specific plan for Higuera
Commerce Park.
2 . The site is physically suited for the type and density of
development allowed in the C-S-SP zone.
3 . The design of the tentative map 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
proposed subdivision is exempt from environmental review.
Conditions:
1. The subdivider shall submit a final map for approval and
recordation.
2 . The final map shall note a blanket easement over the common
lot area, except under the structures, for underground public
utilities serving the site, to the approval of the City
Engineer and affected utility agencies.
3 . The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use control of
nuisances and architectural control of the building and
facilities. These CC&R's shall be approved by the Community
Development Director and administered by a property owners '
association.
�3-3
Tract 2084 : 3523 S. Higuera Street
Page 3
4 . There shall be no change in city-regulated provisions of the
CC&R's without prior approval of the Community Development
Director.
5. The subdivider shall include the following provisions in the
CC&R's for the tract:
a. The property owners' association shall be created to
enforce the CC&R's and provide for professional,
perpetual maintenance of common areas, including, but not
limited to, the driveway, parking lot, landscaping,
sewer, utilities, and building exteriors.
b. The right shall be granted to the city to maintain common
areas if the property owners' association fails to do so
and to assess said association for expenses incurred.
C. All parking spaces provided on the site shall be
available for use by all of the individual owners.
Attached:
vicinity map
reduced tract map
RESOLUTION NO. (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2084
LOCATED AT 3523 SOUTH HIGUERA 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 Tract 2059 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and proposed improvements
are consistent with the general plan and specific plan for
Higuera Commerce Park.
2. The site is physically suited for the type and density of
development allowed in the C-S-SP zone.
3. The design of the tentative map 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
proposed subdivision is exempt from environmental review.
SECTION 2. Conditions. The approval of the tentative map
for Tract 2084 be subject to the following conditions:
1. The subdivider shall submit a final map for approval and
recordation.
2 . The final map shall note a blanket easement over the common
lot area, except under the structures, for underground
public utilities serving the site, to the approval of the
City Engineer and affected utility agencies.
3 . The subdivider shall establish covenants, conditions, and
restrictions for the regulation of land use control of
nuisances and architectural control of the building and
facilities. These CC&R's shall be approved by the Community
3-S
Resolution No. (1991 Series)
Tract 2084
Page 2
Development Director and administered by a property owners '
association.
4. There shall be no change in city-regulated provisions of the
CC&R's without prior approval of the Community Development
Director.
5. The subdivider shall include the following provisions in the
CC&R's for the tract:
a. The property owners' association shall be created to
enforce the CC&R's and provide for professional,
perpetual maintenance of common areas, including, but
not limited to, the driveway, parking lot, landscaping,
sewer, utilities, and building exteriors.
b. The right shall be granted to the city to maintain
common areas if the property owners' association fails
to do so and to assess said association for expenses
incurred.
C. All parking spaces provided on the site shall be
available for use by all of the individual owners.
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 , 1991.
Mayor
. ATTEST:
City Clerk
J 'l
Resolution No. (1991 Series)
Tract 2084
Page 3
APPROVED:
4City A inistrative Officer
't tto ne
Community Dev pment Director
3- �
RESOLUTION NO. (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF THE TENTATIVE MAP FOR TRACT 2084,
ON THE EAST SIDE OF SOUTH HIGUERA STREET,
BETWEEN PRADO ROAD AND GRANADA DRIVE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the subdivision request Tract
2084, the Planning Commission's recommendation, staff
recommendations and reports thereon, makes the following finding:
1. The design of the tentative map and the proposed
improvements are not consistent with the subdivision regulations.
denied. SECTION 2. The tentative map for Tract 2084 is hereby
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 , 1991.
J��
Resolution no. (1991 Series)
Tract 2084
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
City A inistrative Officer
Community DeveINnAment Director
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