HomeMy WebLinkAbout01/04/1996, C-3 - CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 1827 (FAIRVIEW STATION), AN 18-UNIT RESIDENTIAL CONDOMINIUM PROJECT PROPOSED ON THE SOUTHWESTERN CORNER OF FLORENCE AVENUE AND BUSHNELL STREETS'111 11111111101IIUIII M ING ATE .
city o f san tins osispo -
ONGs COUNCIL AGENDA REPORT R�
FROM: Arnold Jonas, Community Development Director
By: Pam Ricci, Associate Planner PR r
SUBJECT:
Consideration of a one -year time extension for filing the final map for Vesting Tract Map No. 1827
(Fairview Station), an 18 -unit residential condominium project proposed on the southwestern corner
of Florence Avenue and Bushnell Streets (2175 Florence Avenue).
CAO RECOMMENDATION:
Adopt attached Resolution "A" approving the requested one year time extension for filing the final
map for Vesting Tract Map No. 1827, subject to all the findings and conditions of tentative map
approval.
DISCUSSION
s. •
The tentative map was approved on November 21, 1989. Tentative map approval is good for two
years. 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 City Council granted two
separate one -year time extensions in 1991 and 1992 extending tentative map approval until November
21, 1993. A change in State law then automatically extended the map another two years to
November 21, 1995.
The applicant, a potential new owner of the property (in escrow), has requested another one year
time extension. The City may grant time extensions for filing final maps totaling no more than three
years. The current request is the third, and therefore, the last available time extension. With approval
of the requested time extension, the map will remain valid until November 21, 1996.
A 60 -foot right -of -way exists along the eastern edge of the project site for an extension of Bishop
Street beyond Bushnell Street, where the street currently physically ends. As part of the review of
the tract map, a right -of -way exchange was approved which modified the alignment of a future
extension of Bishop Street adjacent to the project. The approved tentative map (attached) shows a
street alignment that curves slightly to the south, rather than the straight -on approach which
historically existed and is shown on the County Assessor's map and other City maps. The approved
curved alignment was the City's preference at the time that the map was approved in 1989. This
alignment required that the project applicant acquire additional property to the south of the project
site to accommodate the alignment. A portion of the existing right -of -way was proposed to be used
in the project for driveway and parking areas.
The right -of -way for the extension of Bishop Street adjacent to the site is a linkage on a street
network that would allow for future connection of the area east of the railroad tracks with the City
C4.3 -/
������� ►�►►��plllllll�p� �llll city of San LUGS OBI Spo
WilliS COUNCIL AGENDA REPORT
Iract map No. 1527
Page 2
core. Since this project was reviewed, the City has officially added the extension of the street to its
list of future street projects contained in the Circulation Element (the extension was not fisted in the
previous Circulation Element). Therefore, adopted City plans officially acknowledge the extension
of the street and make its eventual development a stronger possibility.
The City is expecting a circulation/traffic study to be completed this coming spring which will
evaluate the preferred alignment of the Bishop Street extension. This report is being done in
conjunction with a proposal to develop property off of Broad Street, near the comer of South and
Santa Barbara Streets with an Albertson's market. Based on the report's recommendations, and
because of recent development like the City's fire station on Santa Barbara Street, there may be a
desire by the City to go back to the straight -on type of alignment which would extend the street
across the railroad tracks to Roundhouse Avenue.
Members of the Public Works and Community Development Department staffs have met with the
applicant to discuss the status of the project and the possible need for changes to accommodate the
preferred street alignment. The applicant has expressed a willingness to work with the City and has
even indicated that a change in the alignment may work better for minor changes that he would like
to make to the project. SLO Municipal Code Section 16.16.140 allows the Community Development
Director to make minor modifications to a conditionally approved tentative map before the final map
is submitted. The Director has reviewed the issues associated with the possible changes in the
preferred street alignment. If the Council decides that the straight alignment is preferred, the Director
has determined that such a modification would be minor, and the modified map could be approved
as being in "substantial compliance" with the findings and conditions of the original tentative map
approval.
Data Summary
Address: 2175 Florence Avenue
Appficant/Representative: Rick Porter
Property Owner: First Bank of San Luis Obispo
Zoning: R -2 -S
General Plan: Medium Density Residential
Environmental Status: A Negative Declaration of environmental impact with mitigation was
approved by the City Council on November 21, 1989.
Site Description
The site is adjacent to the Southern Pacific Railroad right -of -way. Site topography is not uniform,
but the majority of it is fairly flat (average cross slope does not exceed 10 %). Neighborhood land
uses include single family houses and condominiums.
����N���►►►�IIIIIfI�P ���llf City Of San LaiS OBISPO
COUNCIL AGENDA REPORT
Page 3
Project Description
The applicant is proposing to construct a 18 -unit residential condominium project on the currently
vacant site bordered by Florence and Bushnell Streets. The project has been designed with a central
open space area surrounded by buildings and parking and driveway areas on the west (railroad) and
south (Bishop Street) sides of the site.
Conclusion
It has been the city's policy to support time extensions if the applicant has made reasonable progress
toward installing subdivision improvements and if there are extenuating circumstances that have
delayed the filing of the final map. Off -site improvements, utility work and rough grading for the
project have been completed. In his request for a tract map time extension, the applicant notes that
previous problems with Southern Pacific Railroad over soil clean-up, the bankruptcy proceedings
with the previous owner and the pending change of ownership have delayed filing of the final map.
Staff feels that the applicant has made progress toward satisfying map conditions and has legitimate
reasons for project delays. Any necessary minor changes to the project to accommodate a change
in the alignment of the Bishop Street right -of -way adjacent to the project can be reviewed and
approved by the Connrnmity Development Director, with input from the Public Works Department,
if the changes are found to be in "substantial compliance" with the original tentative tract map
approval.
ALTERNATIVES
Deny the requested one-year time extension.
If the council denies the time extension, the tentative tract map becomes null and void and
a new proposal for the development of the property would need to be submitted
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.
Section 66453.5. (c) of the State Subdivision Map Act automatically extends a tentative map
for 60 days after the official request is made for a one-year extension The automatic
extension keeps the map approval valid until January 15, 1996. A continuance would not
be a viable alternative since there is not an available regular Council meeting between
January 4th and January 15th to continue the matter to.
— --a—
City Of SAtl LOIS OBISPO
COUNCIL AGEN13AR-E P-D-R--T
Tract Map No. -1827
Page 4
Attached: Resolution "A". vin
appro g time extension
Resolution "B" denying time extension
Vicinity y m a p
Reduced 6iie copy of Vesting Tentative ative Tract Map, No; 1827
City Council Resolution No: 6723 (1989 Series)
Time extension reauest dated 11 =17 =95
I
M
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. 1827 LOCATED AT THE SOUTHWESTERN CORNER
OF FLORENCE AVENUE AND BUSHNELL STREETS (2175 FLORENCE AVENUE)
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. 1827 is granted a one-
year time extension to November 21, 1996, subject to the original findings and conditions, as
specified in City Council Resolution No. 6723.
On motion of
and on the following roll call vote:
AYES:
NOES:
the foregoing resolution was passed and adopted this
seconded by
day of , 1996.
City Council Resolution No. (1996 Series)
Page 2
City Clerk -
APPROVED:
.ginGdvi 1�. -CLCV auA
City Attomey -- -
i awlMapp
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. 1827 LOCATED AT THE SOUTHWESTERN CORNER
OF FLORENCE AVENUE AND BUSHNELL STREETS (2175 FLORENCE AVENUE)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Fines. 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. 1827 is denied
On motion of
following roll call vote:
AYES:
NOES:
ABSENT:
seconded by
and on the
the foregoing resolution was passed and adopted this day of .1996.
e' 3 -7
k
City Council.Resolution.No. (1996 Series)
Page .2
Mayor
ATTEST:
City Clerk
APPROVED:
T _
City Attomey
L•U=UrIW.iy
u
n-c
r�
S
S...........
..........•;
TH ST.
•S —S
4
M,
VICINITY MAP
J�
:I
u
Q t
j
its .� •r .rr �. is. :� M• %w
RACHEL COURT
r.
R-2 -S
r�
]R FEE NCE
I�I�
Jp
I Ch
.g
Iu
,e
W
N
w
U1431
I�T ICI
0.., �]
_Q „ � � rr� \�R -1 -S
• 1t5� �
f3,-- -Mu !
P
C-
..S-S
Z-
a
c- 3- 7
; � o
m
.�u
� R S
�J%...I.;
Z
iI
� O
p
tnw
II— L�L
L•
.J
!
L
•
— — ..o
li- a1 ol
SAN CARLOS
rar
IO2) /e3S IOK
C-
..S-S
Z-
a
c- 3- 7
Y1fYY 1f yY
Nt c3
`=FFiEi��
acc�8a2
r
s
a
r
3
Y
t
'Qiq bfO.O F07 Ktt a ... ♦ •• � . a n
T13KKlM art 2WZWU WAAVLI AL7UU W
W�yM•.Y.
•�O TJ WIT
ao W,
�Y �TfTf
a
a
.
5
•11 I � � �
REM
le
1 111 l
I
fro 4
8:
OLti
M:
Z.
►:
==
Ezell
= :E
�� se
a i i
fro 4
8:
OLti
M:
4�
I ,
�a
a;o
�
zt
h a�
Z�Svii� J �,,FC
a�• a4� a !� J �' - r, � .1i4
tees
Inj
Man I
IN
e t {r
-T- - -- - -- -
e
X1
777`77 �-�_� °=� / ,.� .�..��u i 4 ✓ R
IF ' ��y r• i c' ti l 1 �� Y i
4 I f
f
1
W
�i
zf Y
r yf f�rl
i
i•�
i
—
o _ —
I 0.
ifs
�e
4` {
g
L
C - 13 =//
r.
a�• a4� a !� J �' - r, � .1i4
tees
Inj
Man I
IN
e t {r
-T- - -- - -- -
e
X1
777`77 �-�_� °=� / ,.� .�..��u i 4 ✓ R
IF ' ��y r• i c' ti l 1 �� Y i
4 I f
f
1
W
�i
zf Y
r yf f�rl
i
i•�
i
—
o _ —
I 0.
ifs
�e
4` {
g
L
C - 13 =//
RESOLUTION NO.6723 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF VESTING TENTATIVE MAP FOR
TRACT 1827 LOCATED AT 980 FLORENCE AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinzs. That this council, after consideration of the vesting
tentative map of Tract 1827 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings:
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 an
R -2 -S zone.
3. The design of the subdivision 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
easement for access through (or use of property within) the proposed subdivision.
5. The proposed project has been granted a negative declaration of environmental impact
based on the following mitigation measures being incorporated into the project:
a. The applicant shall provide for the future alignment of Bishop Street by the
dedication of additional right -of -way south of the existing dedication with
the proposed abandonment.
b. The applicant shall dedicate a portion of the southeast corner of the property
to allow for the development of an offset cul -de -sac for Bushnell Street if
the Bishop Street overpass is constructed. The cul -de -sac would be necessary
to terminate Bushnell if the overpass is constructed because of the grade
differential between the grades of Bushnell and the overpass.
All buildings and improvements need to be appropriately set back from the
cul -de -sac right-of-way.
C. The applicant shall install one on -site fire hydrant adjacent to the drivcway
in the southwest corner of the project to the approval of the Fire Department.
d. The applicant shall incorporate building techniques such as use of windows
with double glazing in appropriate locations to provide interior noise levels
that conform with the 45 decibel interior standard in those units contained in
buildings located along the westerly side of the site.
C. A hazardous materials abatement plan shall be submitted to the Community
Development Department and Hazardous Materials Inspector which includes:
e-3-1a_
6723
Resolution No. 6723 (1989 Series)
Tract 1827
Page 2
(1) A preliminary soils report including map and site history indicating the
extent and location of contamination.
(2) If soil contamination is found, the plan shall demonstrate how the site
will be restored.
(3) A building permit shall not be issued for the project until the site
satisfies the requirements of the Community Development Director and
Hazardous Materials Inspector with respect to the removal of hazardous
materials and restoration of the site.
SECTION 2. Conditions. The approval of the vesting tentative map for Tract 1827
shall be subject to the following conditions:
All lots shall be served by individual sewer, water and utilities. All new utilities
within the tract shall be placed underground in easements to the approval of the
appropriate utility company and the City Engineer. Water meters shall be clustered
in the public sidewalk to the approval of the Public Works Department and the
Utilities Department.
2. Final map shall show a 6 -foot public utilities easement and 10 -Coot wide street tree
casement along the project's public street frontages.
3. Final map shall note entire common lot area as a blanket utility easement (exclusive
of buildings) acceptable to the utility companies and City Engineer.
4. All on -site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
5. On -site sewer and water lines shall be private and maintained by the homeowner's
association.
6. All grading shall comply with the recommendations contained in the soils report
prepared for the property.
7. Subdivider shall install an on -site hydrant to the approval of the City Fire
Department.
8. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the City Attorney and Community Development Director prior to final map
approval. CC &R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common area including private
driveways, water and sewer mains, drainage, parking lot areas, walls and fences,
lighting, and landscaping in a first class condition.
6-L?
Resolution No6723 (1989 Series)
Tract 1827
Page 3
b. Grant to the city the right to maintain common area if the homeowners'
association fails to perform, and to assess the homeowners' association for
expenses incurred, and the right of the city to inspect the site at mutually
agreed times to assure conditions of CC &R's and final map are being met.
C. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are
parked in unauthorized places.
e. Prohibition of storage or other uses which would conflict with the use of
garages for parking purposes.
f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term
storage of inoperable vehicles.
g. No outdoor storage by individual units except in designated storage areas.
h. No change in city- required provisions of the CC &R's without prior City Council
approval.
i. Homeowners' association shall file with the City Clerk the names and addresses
of all officers of the homeowners' association within 15 days of any change in
officers of the association.
j. Provision of appropriate "no parking" signs and red- curbing along interior
roadways as required by the City Fire Department.
9. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Department.
10. Subdivider shall install a unit identification plan with directory at each of the
project entrances to the approval of the Community Development Department.
11. Subdivider shall install street lighting as determined by the City Engineer per City
and P.G. & E. standards.
12. Project construction activity, including grading operations, shall be limited to the
weekday hours from 8:00 a.m. to 5:00 p.m. and construction vehicles shall use Bishop
Street via Johnson Avenue to access the project site.
13. The applicant shall submit a dust management plan to limit dust generation from
construction activities on the site and from construction vehicles transporting soil
to and from the site to the approval of the Community Development Director and the
Chief Building Official.
14. The applicant shall install signagc on Rachel and Bishop Streets to keep construction
vehicles from using Rachel Street. Wording and precise locations of the signs shall
be to the approval of the City Engineer and the Community Development Director.
C'- 3 /X
Resolution No. 6723 (1989 Series)
Tract 1827
Page 4
SECTION 3. Code Requirements. The approval of the vesting tentative map for Tract
1827 shall be subject to the following code requirements:
1. Tract corners shall be set by a registered civil engineer or land surveyor.
2. A registered civil engineer or land surveyor shall certify that the structures are
located correctly prior to release of structures for occupancy.
3. Subdivider shall pay water and sewer charges and park in -lieu fees as calculated by
the City Engineer prior to final map approval. Sewer and water connections to the
Bushnell Street sewer and water mains may require reimbursement for said mains to be
paid prior to recordation of the final map.
4. Subdivider shall install one street tree per 35 feet of property frontage to city
standards to the approval of the Public Works Department.
5. The subdivider shall install curb, gutter and sidewalk, and street paveout along all
frontages.
On motion of Councilwoman Rappa, seconded by Councilman Settle
and on the following roll call vote:
AYES: Rappa, Settle, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day of November
1989.
vor Ron Dunin
ATTEST: .
City Clerk Pam Voges,
e-3 /S
Resolution No. 6723 (1989 Series)
Tract 1827
Page 5
APPROVED:
4
yD
;tor
r� R. H. PORTER CO. --� —
November 17, 1995
Pam Ricci
City Of San Luis Obispo
990 Palm Street
San Luis Obispo, Ca. 93401
RE: Vesting Tentative Map No. 1827 - Fairview Station
Dear Pam,
6a1-0
\W
We are requesting a one -year time extension for Fairview Station,
Vesting Tentative Map No. 1827. The current approval on the map is good
until November 21, 1995
The need for requesting an extension is due to the previous problems
with Southern Pacific, the clean up of the soils and the resulting
bankruptcy and now the change of ownership.
Pam, if you require further information please feel free to call me
at 543 -5408. Thank you for your help in this matter.
Sincerely,
Rick Porter
-cc: First Bank of San Luis Obispo
11/2'0/95 4:33PM 101 #0280 Fig
PLAN APPL FEES1252.i:
846 Higuera Street, Suite 8 - San Luis Obispo, CA 93401 - (805) 543 -5408 e 3-17