HomeMy WebLinkAbout01/04/1996, C-2 - CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2139, A 9-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 533 PISMO STREET ON THE EASTERN CORNER OF PISMO AND BEACH STREETS. (TR 138-93)city of San lU M 1S OBISpo I1/ DATE:
A LO
Imarmo COUNCIL AGENDA REPORT 'rEMMB
n
FROM: Arnold Jon , Community Development Director
By: Whitney c1lvaine, Associate Planner
and Jim Migliore, Graduate Intern
SUBJECT:
Consideration of a one -year time extension for filing the final map for Vesting Tract Map No.
2139, a 9 -unit residential condominium project at 533 Pismo Street on the eastern corner of Pismo
and Beach Streets. (TR 138 -93)
CAO RECOMMENDATION:
Adopt attached Resolution "A" approving the requested one year time extension for filing the final
map for Vesting Tract Map No. 2139, subject to all the findings and conditions of tentative map
approval.
DISCUSSION:
The tentative map was approved on November 30, 1993. Tentative map approval is good for two
years and expired as of November 30, 1995. A final map must be filed before the expiration date
or the tentative map approval becomes null and void, unless an extension of time is requested and
granted. The subdivider has requested a one year time extension. Please refer to his attached
letter.
Subdivider /Property Owner: Derek Eastwood
Representative: Kirk Anderson, John Wallace and Associates
Zoning: R -3 -H (Medium- high - density Residential in an Historic district)
Environmental Status: Categorically Exempt (CEQA Section 15301k)
The nearly level site is roughly one -half acre in size at the corner of Pismo and Beach Streets.
It is developed with three, two-story wood -frame buildings, each containing three two-bedroom
apartments. Laundry facilities and garages are located in two separate buildings.
The tract map is required to complete the condominium conversion originally approved in
1111111111111110 city Of San LUIS OBI SPO
i COUNCIL AGENDA REPORT
December 1992. It will establish nine attached dwellings as separate ownership units and will
designate common space. Except for some minor refurbishing and enhancements to the common
recreation area, the condominium conversion will not noticeably change the appearance of the site.
It has been the City's policy to support time extensions if the subdivider has made reasonable
progress toward installing subdivision improvements and if there have been no changes in
circumstances affecting the project approval (e.g. new information and /or amended zoning or
general plan land use standards).
Staff feels that the subdivider has made progress toward satisfying map conditions and has
legitimate reasons for project delays. In addition, there have been no changes in zoning or the
General Plan that would affect the tentative map approval. A list of items remaining to be
completed is attached.
ALTERNATIVES
1. Deny the requested one -year time extension.
If the Council denies the time extension, the tentative tract map becomes null and void. The
existing apartments could not then be converted to condominiums, allowing sale of individual
units.
NOTE: The City Council may approve or deny the request for an extension of time.
However, the City Council may not change, delete or add conditions of approval
(El Patio v. Permanent Rent Control Board of the City of Santa Monica, Court of
Appeals, 2nd District Division 1, October 6, 1980).
2. Continue consideration of the request with direction on information needed to render a
decision.
Attached: Resolution "A" 'approving time extension
Resolution "B" denying time extension
Vicinity map
Reduced size copy of Vesting Tentative Tract Map No. 2139
City Council Resolution No. 8244 (1993 Series)
Time extension request dated 11 -22 -95
Remaining items to be completed prior to map recordation
I:cc \tr138- 93.ext
02-402
Resolution "A"
RESOLUTION NO.
(1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING
THE FINAL TRACT MAP FOR VESTING TENTATIVE
TRACT MAP NO. 2139 LOCATED ON THE EASTERN CORNER OF
PISMO AND BEACH STREETS (533 PISMO 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 public testimony, the subdivider's request, staff
recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That Vesting Tentative Tract Map No.
2139 is granted a one -year time extension to November 30, 1996,
subject to the original findings and conditions, as specified in
City Council Resolution No. 8244.
On motion of
seconded by and on the following roll
call vote:
AYES:
NOES:
ABSENT:
Resolution No.
Page 2
the foregoing resolution was.passed and adopted this — day
Of - - -- - - 1996.
Mayor -
ATTEST=
,din City Attorney
Resolution "B"
RESOLUTION NO.
(1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A ONE -YEAR TIME EXTENSION FOR FILING
THE FINAL TRACT MAP FOR VESTING TENTATIVE
TRACT MAP NO. 2139 LOCATED ON THE EASTERN CORNER OF
PISMO AND BEACH STREETS (533 PISMO 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 public testimony, the subdivider's request, staff
recommendations and reports thereon, found that the one -year time
extension is not justified because:
1. The subdivider has not made reasonable progress toward
installing subdivision improvements; and
2. There are not extenuating circumstances that justify
project delays.
SECTION 2. Action. That a one -year time extension for
Vesting Tentative Tract Map No. 2139 is denied.
On motion of
seconded by , and on the following roll call
vote:
AYES:
NOES:
ABSENT:
Resolution No.
Page 2
the foregoing resolution was passed and adopted this day
of
Mayor
ATTEST:
City Clerk
APPROVED:
City Attorney
1996.
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RESOLUTION NO. 8244 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2139
(CITY FILE NO. 138 -93) LOCATED AT 533 PISMO STREET
follows:
BE rr RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. Findings for Approval of the Tentative Map, That this
council, after consideration of the tentative map of Tract 2139 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.
2. The site is physically suited for the type and density of development allowed in
the R -3 -H 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 the tentative map for
the condominium conversion is exempt from environmental review (CEQA
Section 15301k).
Section 2. Finding for the Exception to Condominium Storage Requirements. An
exception to condominium storage area requirements is granted based on the following
finding:
6. Compliance with the storage space requirement of 200 cubic feet per unit is, not
feasible in this case without infringing on the private yard areas for each unit. No
public purpose would be served by strict adherence to this standard.
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Resolution No. 8244 (1993 Series)
Tract 2139
Page 3
i. No outdoor storage by individual units except in designated storage areas.
There shall be no prohibition against construction of additional storage
space in the residents' private yard areas.
j. There shall be no prohibition against the use of centralized recycling bins
located in the trash enclosure, and the storage of individual recycling
containers shall be allowed in the private yard areas.
k. 'No change in City - required provisions of the CC&R's without prior City
Council approval.
1. Homeowners' association shall file with the City Clerk the names and .
addresses of all officers of the homeowners' association.
4. A 10 -foot street tree and six-foot public utilities easement shall be provided along
both street frontages, to the satisfaction of the City Engineer.
5. Prior to approval of the final tract map, an environmental site assessment shall be
provided to the Fire Department for review. The assessment shall include (but
not be limited to) soil and groundwater samples that are representative of the
entire site, or other such assessment as required by the Fire Department.
6. The subdivider shall provide all potential owners of property at 533 Pismo Street
with a report on the status of soil contamination at the intersection of Pismo and
Beach Streets and the related potential for contamination at 533 Pismo Street.
The notification must describe: some history of the pipeline and related leakage;
results of soil and groundwater investigation, past and present; Unocal's risk
assessment; and Unocal's proposal to leave the contaminants in place. Prior to
final map approval, the subdivider shall provide the Fire Chief with a copy of the
not'if'ication and assurance of disclosure to all interested purchasers.
Code Requirement:
1. The subdivider shall provide individual sewer, water, and utility services to each
unit and to the common area to the satisfaction of the City Engineer and affected
utility companies. New utilities shall be underground..
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JOHN L. WALLACE & ASSOCIATES
CONSULTING CIVIL ENGINEERS
November 22, 1995
Planning Department
Community Development Department
Attention: Whitney McIlvame
City of San Luis Obispo
Post Office Box 8100
San Luis Obispo, California 93403 -8100
Subject: Extension of Tentative Tract Map 2139 (Condominium Conversion)
Dear Ms. Mcllvaine,
-Z-
Enclosed is a check in the amount of $12500 for the Tract Map extension fee. The subject tract
map was approved on November 30, 1993 and will expire on November 30, 1995. The subdivider
requests a 1 year extension in order to complete his condominium conversion project. Please provide
me with a letter that confirms receipt of the enclosed check and that includes a date that the extension
request will go before the City Council. Thank you.
Sincerely,
� - A
&. on
Associate Engineer
kma/extension/19901
cc: Mr. Derek Eastwood, Subdivider
11/27/95 8:54AM 101 #0316 Ai
FLAN AF,PL FEES12152.1
CT "= n c . c , m T T TTC nc rcnn r AT TrnA N T a 074n 1 0 (Rn;) 544..4011 • FAX (805) 544 -4294
Dec -13 -95 03:38P Johr L Wallace Asso Sr- 544 4294 P -01
JL'
VAAJohn L. Wallace & Associates
Civil Engineering • Surveying • Planning
MEMO
To: Whitney McIlvaine
From: Debra Tumler
Subject: Tract 2139 - Eastwood Condominium Conversion
Date: December 13, 1995
Items to be resolved and coordinated prior to Recordation:
1. Notice of Soil Contamination to be referenced on Tract Map Title Sheet or filed as a
separate document.
2. Prepare Notice of Completion for private yard fencing. (All required improvements
specified by the conditions of approval are completed.)
3. Order Subdivision Guarantee from FATCO.
4. Tax assessment amounts for recording from FATCO.
5. Collect and verify all final notifications of Condo Conversion from complex manager.
6. Condo Plan & CC &R's are ready for recording per conversation with FATCO
(12/12/95).
7. Provide Performance Bond in the amount of $27,048.00 for roofing bond.
8. Post cash or bond in the amount of $5,757.23 for HOA budget (approved 8/27/95).
9. Client to Sign both Articles of Association and HOA Bylaws, which are both approved
per FATCO. Then we are able to Record.
10. Client to Review (with his attorney if necessary) & Sign the CC &R's. Then we are able
to Record.
I I . Lender (beneficiaries) must sign & have the Final Map notarized.
12. Final map & all condo conversion documents can then be recorded.
C. - 02--a
4115 B /Dad Strewl..tiuite R-5 • San Luis Obispn, !'altfornia 99401 -7963 • Phone (805) 544.4011 • Far (805) 544.4:94