HomeMy WebLinkAbout03/05/1996, C-5 - CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR TRACT MAP NO. 1714 (CITY FILE NO. OTHER 9-96), A 25-UNIT INDUSTRIAL CONDOMINIUM CONVERSION PROPOSED ON THE WEST SIDE OF SACRAMENTO DRIVE, NORTH OF INDUSTRIAL WAY (36 MEETING DATE:
^���►�►��IIIII�I��°iq�I�U city of San tuts OBlspo 3-s-q(0
COUNCIL AGENDA REPORT ITEM NUMBER:n
e C:J
FROM: Arnold Jon ommunity Development Director
By: Pam Ric , Associate Planner
SUBJECT:
Consideration of a one-year time extension for filing the final map for Tract Map No. 1714 (City File
No. Other 9-96), a 25-unit industrial condominium conversion proposed on the west side of
Sacramento Drive, north of Industrial Way(3641 Sacramento Drive).
CAO RECOMMENDATION:
Adopt attached Resolution "A" approving the requested one year time extension for filing the final
map for Tract Map No. 1714, subject to all the findings and conditions of tentative map approval.
DISCUSSION
Situation
The project site is part of the Broad Street Annexation (Annexation No. 38) area that officially
became part ofthe City on February 19, 1993. The tentative map was approved by the County Board
of Supervisors on October 24, 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. Two separate one-year time extensions were
previously granted by the County extending the map until October 24, 1993. A change in State law
then automatically extended the map another two years to October 24, 1995.
The time extension request was originally received by the County on October 16, 1995, prior to the
expiration date. The subdivider was later directed by the County to file the time extension request
with the City. The City received the time extension request and applicable fees on January 19, 1996.
Under Section 16.16.080 of the City's subdivision regulations, the City may grant time extensions
for filing final maps totaling no more than three years. With the previous two extensions granted by
the County, this would be the third, and therefore, the last available time extension. With approval
of the requested time extension, the map will remain valid until October 24, 1996.
Data Summary
Address: 3641 Sacramento Drive
Subdivider: Jay Parsons
Zoning: M-S; Manufacturing, with the Special Consideration overlay zone
General Plan: Service& Manufacturing
Environmental Status: Categorically exempt (Section 15301(o) CEQA Guidelines).
city of San LOS OBISPO
i COUNCI AGENDA REPORT
Tract No. 1714
Page 2
Site Description
The generally level site consists of 5.17 acres and is developed with four separate buildings that
contain a total of 85,000 square feet of floor area, parking and driveway areas, and landscaping.
Potable water is currently provided by a private well, but the subdivider is currently in the process
of connecting to the City sewer.
United Parcel Service is located immediately to the north of the site. Other surrounding sites are
developed with industrial and warehousing types of uses.
Conclusion
It has been the city's policy to support time extensions if the subdivider has made reasonable progress
toward fulfilling tract conditions and if there are extenuating circumstances that have delayed the
filing of the final map. In this case, recordation of the final map will not result in physical changes
to the site since it is already developed, but will rather enable individual ownership of suites within
existing buildings. Therefore,there do not appear to be issues with the City Council granting the one
year time extension for filing the final map.
OTHER DEPARTMENT COMMENTS
The Public Works Department notes that the subdivider will be responsible for paying any applicable
impact fees prior to connection to City facilities. Because of agreements made with property owners
at the time of annexation related to utilities.and improvements, and provisions of the Subdivision Map
Act regarding map approvals with subsequent annexation, no other additions or changes to conditions
of approval are necessary.
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
project then could not be developed as a condominium project with the sale of individual
units without the filing of another tentative tract map.
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.
Iuh���u�IIIII���I��u�I��II city of San LUIS OBISpo
j COUNCIL AGENDA REPORT
Tract No. 1714
Page 3
Attached: Resolution "A" approving time extension
Resolution "B" denying time extension
Vicinity map
Reduced size copy of Tentative Tract Map No. 1714
Tract map conditions of approval
Time extension request dated 10-10-95
cs-3
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 MAP FOR TENTATIVE TRACT MAP NO. 1714,
LOCATED ON THE WEST SIDE OF
SACRAMENTO DRIVE, NORTH OF INDUSTRIAL WAY
(3641 SACRAMENTO 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
subdivider's request, staff recommendations and reports thereon, found that the one-year time
extension is justified.
SECTION 2. Action. That a one-year time extension for filing the final map for
Tentative Tract Map No. 1714 is granted to October 24, 1996, subject to the original findings and
conditions of tentative map approval, as specified in previous County of San Luis Obispo documents
(minutes of Subdivision Review Board meeting dated 9-13-89, and as further approved by the Board
of Supervisors in their minute order of 16-24-89).
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 1996.
C;s"�
City Council Resolution No. (1996 Series)
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
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ty o ey
1:4o\dmCC=app
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 MAP FOR TENTATIVE TRACT MAP NO. 1714,
LOCATED ON THE WEST SIDE OF
SACRAMENTO DRIVE, NORTH OF INDUSTRIAL WAY
(3641 SACRAMENTO DRIVE)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Find�in s. 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 fulfilling tract conditions; and
2. There are not extenuating circumstances that justify delays in proceeding with the final
map.
SECTION 2. Action. That a one-year time extension for filing the final map for
Tentative Tract Map No. 1714 is denied.
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 1996.
City Council.Retolution No. (1996 Series)
Page 2
_Mayor - - --------- .
ATTEST:
City Clerk
APPROVED:
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IN TrIE BOARS OF SUPFAMSORS
COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA
LUES 24TH OCTOBER 89
---------dal'------------------------,19-----
2RESENT:Supervisors
Harry Ovitt, William B. Coy, Evelyn Delany, David Blakely.
Chairperson James Johnson
ABSENT:
None
Re Tract 1714:
Tract 1714, a proposal by Parsons/Cuesta Engineering for a tentative tract map
to allow a request to convert an 85,000 square foot industrial complex into 25
condominium units, in the Industrial land use category. Located on the west
side of Sacramento Drive, north of Industrial Way, near the City of San Luis
Obispo, is presented for determination on consistency with the General Plan.
Jay Johnson - Planning Department recommends deletion of Condition No. 9;
summarizes staff report and recommendation. The Board makes various comments
regarding traffic mitigation fees, Airport Area Specific Plan in relation to the
overall planning area. Applicant Jay Parson seeks approval of the proposed
project from the Board. Matter is discussed and thereafter, on motion of
Supervisor Delany, seconded by Supervisor Blakely and being unanimously carried,
the Board deletes Condition No. 9 and on the basis of the evidence presented to
it, adopts the findings, recommendations and amended conditions of the
Subdivision Review Board, and finds that the proposed subdivision or land use,
together with the provisions for its design and improvement, is compatible with
the applicable aspects of the general plan and said tentative tract map is
approved subject to the findings and amended conditions of the Subdivision
Review Board; further, approves the Proposed Negative Declaration as outlined in
staff report.
cc - (2) Planning; Engineering; Environmental Coordinator; file
STATE OF CALIFORNIA, ss
County of San Luis Obispo, }
FRANCIS M. COONEY
I,
-------------------------------------------------------County Clerk and ex-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
27TH
WITNESS my hand and the seal of said Board of Supervisors,affixed this_________________
89
day of-_ OCTOBER ___-_ 19
FRANCIS M. COONEY
---------------------------------------------
(SEAL) County Clerk and Fs•offudo Clerk of the Board
of Supervisors
By .. /lam _ ____________
cox 7 B-3 SONDRA REINER Deputy Clerk.
Staff Report
San Luis Obispo County Department of Planning and Building
II. PROJECT EVALUATION
FILE NO: TRACT 1714 AGENDA DATE: SEPTEMBER 13, 1989
APPLICANT/AGENT: JAY PARSONS/CUESTA ENGINEERING
APPROVAL(S) REQUESTED: TENTATIVE TRACT MAP
ENVIRONMENTAL DETERMINATION: CATEGORICAL ECWTION
STAFF RECOMMENDATION: CONDITIONAL APPROVAL OF THE TENTATIVE TRACT MAP
PROJECT DESCRIPTION: A request to convert an 85,000 square foot industrial
complex under construction) into 25 condominium units.
PROJECT LOCATION
Planning Area: San Luis Obispo Community: San Luis Obispo
Site: West side of Sacramento Drive, 500 feet north of Industrial Way
Assessor Parcel Number(s): 74-431-26
Supervisorial District No.: 3
SITE CHARACTERISTICS
Area: 5.17 acres Topography: Generally level
Vegetation: Proposed landscaping
Water Supply: On-site well Sewage Disposal: On-site septic
Hazards: Moderate fire
Existing Use & Improvements: Four industrial buildings under construction
Fire Response Time: Less than 5 minutes
SURROUNDING LAND USES
North: UPS parcel service South: Manufacturing
East: Warehouse West: Mini-storage, Union building
GENERAL PLAN INFORMATION.
Land Use Element Category: Industrial
Combining Designations: Airport Review
Planning Area Standards: Industrial: 2. Parcel Size
Open Space Plan Category: Non-Open Space
LAND USE ORDINANCE STANDARDS
22.04.030 - Minimum Parcel Size
445/440lk2
County Government Center, San Luis Obispo, CA 93408 - (805) 549-5600
II. .PROJECT EVALUATION
PROJECT VIEW
Background
The industrial complex under construction was approved in February, 1987
(D860046D - Parsons). It is expected to be completed by the end of
September, 1989. Each unit is being built to 3,400 square feet. The
parking area, driveways and landscaping are proposed as common area.
Ordinance Compliance
The proposed conversion is in compliance with ordinance requirements which
allow condominium projects minimum lot/unit size to be established by the
Board of Supervisors through development plan approval.
RECOMMENDATION
After review of applicable general plans and other available information
and consideration of the proposed negative declaration, the Subdivision
Review Board recommends to the Board of Supervisors that the following
findings be made concerning the proposed subdivision.
1. That the proposed map is consistent with applicable county general and
specific plans;
2. That the design and improvement of the proposed subdivision are
consistent with applicable county general and specific plans;
3. That the site is physically suitable for the type of development
proposed;
4. That the site is physically suitable for the proposed density of
development proposed;
5. That the design of subdivision or the proposed improvements will not
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
6. That the design of the subdivision or the type of improvement will not
conflict with easements, acquired by the public at large for access .
through or use of, property within the proposed subdivision; or that
substantially equivalent alternate easements are provided;
7. That the proposed subdivision complies with Section 66474.6 of the
State Subdivision Map Act, as to methods of handling and discharge of
waste;
8. That the proposed subdivision. be found consistent with the county
zoning and the subdivision ordinance;
TRACT 1714
SEPTEMBER 13, 1989
PAGE 2
445/440lk2
9. That, on the basis of the Initial Study and any comments received,
there is no substantial evidence that the project may have a
significant effect on the environment.
Based on the above findings, the Subdivision Review. Board recommends to
the Board of Supervisors that the subdivision be found consistent with the
General Plan and that it be approved in accordance with Sections 66412.3,
66473 and 66474 of the Subdivision Map Act, and Section 21.48.080 of the
Real Property Division Ordinance; and that the negative declaration be
approved in accordance with State CEQA Guidelines Section 15074b and
Public Resources Code Section 21080c.
Provided that a finding of consistency is made and the application
ultimately approved, the following conditions are hereby established
regarding the design and improvements of the proposed subdivision.
CONDITIONS OF APPROVAL
Airport Land Use
1. The property owner shall grant an avigation easement to the county of
San Luis Obispo via an avigation easement document prepared by the
county. The avigation easement document shall be reviewed and
approved by County Counsel prior to issuance of a building permit.
Traffic Impact Mitigations
2. Prior to recordation of the final map, the applicant shall contribute
$1,960 to the signalization of the intersection of Capitolio Way and
Highway 227. Fees are to be paid to the appropriate fund established
by the city of San Luis Obispo. Written verification shall be
submitted.
Street Improvements
3. Prior to recordation of the final map, the applicant shall complete
and repair street frontage improvements including curb, gutter, and
sidewalk according to the city of San Luis Obispo standards.
4. Obtain encroachment permits . from the city of San Luis Obispo, if
necessary.
Covenants, Conditions and Restrictions
5. The developer shall establish covenants, conditions, and restrictions
for the regulation of land use, control of nuisances and architectural
TRACT 1714
SEPTEMBER 13, 1989
PAGE 3
445/440lk2
64-6-13
control of all buildings and facilities. These CC&Rs shall be
administered by the subdivision property owners' association. These
CC&Rs shall be submitted to the county Department of Planning and
Building for review and approval.
6. The developer shall form a property owners' association for the area
within the subdivision, so as to administer the CC&Rs as. noted above,
and it shall conform to the requirements of the State Department of
Real Estate.
7. The developer at a minimum shall provide the following provisions in
the CC&Rs:
a. Maintenance of all common areas including landscaping and signs.
b. Maintenance of septic systema
c. Restrictions from using the parking areas and driveways for
activities other than parking, circulation or loading.
d. Control of all exterior lighting to be directed away from public
roads or adjacent properties.
e. A uniform sign program that is consistent with the conditions of
approval and the Land Use Ordinance.
8. The CC&R's and condominium management documents must be approved by
the State Department of Real Estate, as required by the State Business
and Professions Code. These documents are to be recorded with the map.
Water Supply and Sewage Disposal.
9. Prior to the filing of the tract map, the applicant shall submit to
and be jointly approved by 'the county Department of Planning and
Building and Health Department, results of percolation tests and the
log or logs of soil borings performed by a registered civil engineer.
For this purpose, the applicant shall perform one or more soil borings
to be a minimum depth of ten (10) feet in the area of the appropriate
area of the proposed sewage disposal system to determine the: a)
subsurface soil conditions, (example: impermeable strata which act as
barriers to the effective percolation of sewage); b) presence of
groundwater; c) separation between sewage disposal saturati areas and
groundwater; d) borings shall be as deep as necessary below the
proposed on-site disposal area to assure required separation. The
applicant must perform a minimum of three (3) percolation test holes,
to be spaced uniformly in the area of the proposed sewage disposal
system.
TRACT 1714
SEPTEMBER 139 1989
PAGE 4
445/440lk2
SEPTEMBER:-13,:1989-- 'SUBDIVISION:'REVIEW.BOARD:-MEETING _
Subdivision-Review Board:-Members:in,•Attendance:
Chairperson: Pat Beck
County Engineering: Mike Goodwin
County Planning and Building: Mike Draze
Planning Commissioner: David Oakley
Others in Attendance:•
Planning and Building: Karen Nall
California Department of Forestry: Iarry Flagg
DISCUSSION.
Mike Goodwin notes that Environmental Health requests percolation test
and soil borings prior to final map.
ACTION .
The Subdivision Review Board adopted the preliminary staff report as
amended.
JJ/jm/445/4401k2
TRACT 1714
- SEPTEMBER 13, 1989
PAGE 5
445/440lk2
C'S-lS�
SUBDIVISION REVIEW BOARD STOCK APPROVAL CONDITIONS
FOR SUBDIVISIONS UTILIZING INDIVIDUAL HELLS AND SEPTIC TANKS
1. Each parcel shall. have its ow private well(s) for a domestic water supply
approved by the county Health Department. If the applicant desires
purveying water to two (2) or more parcels or an average of 25 or more
residents or non-residents (employees, campers, etc.) on a daily basis at
least sixty (60) days out of the year, application shall be made to the
county Health Department for a domestic water supply permit prior to.the .
filing of> the final map. .
2. Operable water facilities sball exist prior to the filing of. the final-
parcel map. Evidence of adequate and potable water, shall be submitted to
the Health Department, including the following:
A. (Potability) A complete on-site chemical analysis shall be submitted
for evaluation for each of the parcels created or as required.
B. (Adejuacy) On individual parcel wells or test holes, a minimum four
(4) hour pump test performed by a licensed and bonded well driller or
pump testing business shall be submitted for review and approval for .
each of the new parcels created.
C. If two (2) or more parcels are proposed to share-or serve from a
newly
wly created water system, operable water facilities (except well(s)
y be bonded. Necessary legal agreements, restrictions and RCE
- designed plans, in conformance with state and county laws and
standards shall be submitted by the applicant and reviewed and
approved by the_county Xngineering and county- Health-Departments; ''- -
prior to the filing of the final map.
3. On-site systems that are in conformance with the county-approved Central
Coast Regional Hater Quality Control Board basin plan will -be an
acceptable method of sewage disposal until community sewers become
available. '
4. No sewage disposal system installations are to be placed closer- thin 100
feet from the top of any, perennial or continuous creek•banks, drainage
swales or areas subject to inundation. '
5. Sewage disposal systems shall be separated from any individual domestic
well and/or agricultural well, as follows: 1) leaching areas, feed lots,
etc., one hundred (100) feet and bored seepage pits (dry wells), one
hundred and fifty (150) feet. Domestic wells intended to serve multiple
parcels or 25 or more individuals at least 60 days out of the year shall
be separated by a minimum of two hundred (200) feet from a leachfield, two
hundred and fifty (250) feet from seepage pits or dry wells.
6. Sewage disposal systems installed on slopes in excess of 20Z shall be
designed and certified by a registered civil engineer or'geologist and
submitted to the Planning and Health Departments for review and approval
prior to the issuance of a building permit. Consultants shall determine
geologically stable building sites and sewage disposal for each parcel,
including evaluations of hillside stability under the most adverse
conditions including rock saturation and seismic forces. Slopes in excess
of 30Z are not considered suitable or practical for subsurface sewage
disposal.
7. An encroachment permit be obtained from the County Engineer for any work
to be done within the county right—of--way-
8. An encroachment permit be obtained from the California Department of
Transportation for any work to be done on the state highway.
9. Any existing reservoir or drainage Swale on the property shall be
delineated on the map.
10. Prior to submission of the map checkprints to the county Engineering
Department, the project must be reviewed by all applicable public utility
companies and a letter be obtained indicating required easements.
i
11. Required pudic utility easements be shown on the map.
12. Approved street names must be shown on the map.
13. The applicant must comply with state, county and district laws/ordinances
applicable to fire protection and consider increased fire risk to area by
the subdivision of land proposed. q
14. The developer submit a preliminary subdivision guarantee to the County
Engineer for 'review prior to the.fii
-pg ,of the .map.
15. Any private easements on the property must be shown on the map with
recording data.
16. All conditions of approval herein specified, unless otherwise noted, are
to be complied with prior to the filing of the map.
17. After approval by the Board of Supervisors, compliance with the prr-ceding;
conditions will bring the proposed subdivision in conformance with the
Subdivision Hap Act and county ordinances.
18. A map shall be filed in accordance with Subdivision Map Act and county
ordinance prior to sale, lease, or financing of the lots proposed by the
subdivision.
19. A tentative map will expire 24 months from the date of Board of
Supervisors approval. Tentative maps may be extended by the Board of
Supervisors. Written requests with appropriate fees must be submitted to
the Planning Department prior to the expiration date. The expiration c_'
tentative maps will terminate all proceedings on the matter.
13/1013j
2
10-13-95 16 11 RCVD Jay Parsons
3641 Sacramento Dr. Suite 16
San Luis Obispo, CA 93401
October 10, 1995
Linda Jones
Rm. 317
County Planning Dept.
County Government Center
San Luis Obispo, CA 93408
Telephone 781 5600
Re: Tract 1714 Time Extension
Dear Linda, ✓v/
Please find enclosed a check in the amount of $158.00, the sum
required to extend for the final 1 year period the filing of the
final map for Tract 1714 condominium map, presently set to expire
on October 24, 1995. Pursuant to our phone conversation and upon
receipt of enclosed check please extend filing date from October
24, 1995 to October 24, 1996.
Thank you for your help.
Sincerely,
a
spy-7Y
SAN LUIS OBISPO COUNT"
_ DEPARTMENT OF PLANNING AND BUILDING
ALEX HINDS
DIRECTOR
BRYCE TINGLE
ASSISTANT DIRECTOR
ELLEN CARROLL
ENVIRONMENTAL COORDINATOR
BARNEY MCCAY
CHIEF BUILDING OFFICIAL
Jay Parsons NORMA SALISBURY
3641 Sacramento Drive, Suite 16 ADMINISTRATIVE SERVICES OFFICER
San Luis Obispo, Ca. 93401 December 5, 1995
Subject: Time Extension for Tract 1714
Dear Mr: Parsons:
Because the subject property has been annexed to the City of San Luis Obispo, the county understate
law cannot grant an extension.. The authority to grant a time extension belongs to the city. Your
request and the county's file are being transferred to the city for their use. I have processed a refund
for your filing fee.
Please know that I will be advising the city that your time extension request was received in a timely
manner as required by the county's Real Property Division Ordinance and we would have granted the
extension to October 24, 1996. If I may be of further assistance, please call me at 781-4573.
Sincerely,
Jay Johnson
Associate Planner
c: Jeff Hook, City of San Luis Obispo
COUNTY GOVERNMENT CENTER SAN LUIS OBISVO CALIFORNIA 93408 (805) 781-5600. - FAx (805) 781-1242 OR 5624