HomeMy WebLinkAbout09/01/1998, C3 - CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2134, A SEVEN PARCEL SERVICE COMMERCIAL DEVELOPMENT (PARKSIDE RESEARCH) AT 953 ORCUTT ROAD (TR 220-92). counat
j agenda Report
CITY OF SAN LUIS OBISPO
O
FROM: Arnold Jonas, Community Development Director
Prepared By: Ronald Whisenand,Development Revi w Manager
SUBJECT: CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR
FILING THE FINAL MAP FOR VESTING TRACT MAP NO.2134,A
SEVEN PARCEL SERVICE COMMERCIAL DEVELOPMENT
(PARKSIDE RESEARCH)AT 953 ORCUTT ROAD(TR 220-92).
CAO RECOMMENDATION
Adopt attached Resolution "A" approving the requested one-year time extension for filing the
final map for Vesting Tract map No. 2134(TR 220-92), subject to all the findings and conditions
of tentative map approval.
DISCUSSION
The tentative map for the Parkside Research development was approved by the City Council on
August 31, 1993. 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 prior to the expiration
date and granted by the original approving body. The applicant has submitted a one-year
extension request on July 20, 1998. Council Resolution No. 8205 (1993 Series) granted approval
of the tentative map for an initial time period of two years. Two separate automatic extensions
totaling three years, pursuant to Sections 66452.11 and .13 of the State Subdivision Map Act,
extended the time for recording the final map to August 31, 1998. This extension request would
be the first of three one-year extensions that is provided for in State law and City Subdivision
Regulations.
It has been the City's practice to support time extensions if there are extenuating circumstances
which make the extension necessary and there have been no changes in policy affecting the
project approval (i.e. new information and/or subsequent amendments to the zoning or general
plan that would affect the tentative map approval). In this case, the applicant is in the process of
marketing the development and has completed project improvement plans. Although the project
was approved with an earlier General Plan Land Use Element in effect, the approved tentative
map is still consistent with the current Services and Manufacturing land use designation and
development policies that now apply to the property.
Staff feels that the applicant has a legitimate request for a time extension and that additional time
offered by the Subdivision Map Act and local ordinances will allow him to complete this
important development. Staff therefore supports the requested one year extension to August 31,
1999.
a-�
Council Agenda Report—TR 220-92 Time Extension
Page 2
ALTERNATIVES
1. Deny the requested one-year time extension. If the Council denies the time extension,the
tentative map becomes null and void. The applicant would then need to reapply for the project
through the regular development review process.
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 (EI Patio v. Permanent
Rent Control Board of the City of Santa Monica, Court of Appeals, 2' District Division 1,
October 6, 1980)
2. Continue consideration of the request with direction on information needed to render a
decision.
ATTACHMENTS
Resolution"A"approving the time extension
Resolution`B"denying the time extension
Vicinity Map
Vesting Tentative Map
City Council Resolution No. 8205 (1993 Series)
Time Extension Request
Resolution"A"
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE-YEAR TEAE EXTENSION FOR FILING THE
FINAL TRACT MAP FOR VESTING TENTATIVE MAP NO.2134(TR 220-92)
LOCATED AT 953 ORCUTT ROAD
WHEREAS, The City Council approved a tentative map for Tract 2134 on August 31,
1993 for an effective period of 24 months; and
WHEREAS,the State Legislature has on two separate occasions granted automatic time
extensions that extended the initial life of the tentative map until August 31, 1998; and
WHEREAS, the applicant has requested a one year extension pursuant to the State
Subdivision Map Act and local ordinances.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that there have been no changes in
land use policies or ordinances affecting the project approval and that the one-year item
extension is justified.
SECTION 2. The request for approval of the one-year time extension for Tract Map No.
2134 is hereby approved subject to the original findings and conditions, as specified in City
Council Resolution No. 8205.
SECTION 3. The new expiration date for the tentative map is August 31, 1999.
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 . 1998.
Mayor Allen Settle
ATTEST:
Acting City Clerk Kim Condon
esl
i
Resolution No. (1998 Series)
Page 2
APPROVED AS TO FORM:
o ey J._.gensen
i
e�
Resolution`B"
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A ONE-YEAR TI1%1E EXTENSION FOR FILING THE
FINAL TRACT MAP FOR VESTING TENTATIVE MAP NO.2134 (TR 220-92)
LOCATED AT 953 ORCUTT ROAD
WHEREAS, The City Council approved a tentative map for Tract 2134 on August 31,
1993 for an effective period of 24 months; and
WHEREAS,the State Legislature has on two separate occasions granted automatic time
extensions that extended the initial life of the tentative map until August 31, 1998; and
WHEREAS, the applicant has requested a one year extension pursuant to the State
Subdivision Map Act and local ordinances.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that there have been changes in
land use policies or ordinances affecting the project approval and that the one-year item
extension is not justified.
SECTION 2. The request for approval of the one-year time extension for Tract Map No.
2134 is hereby 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 , 1998.
Mayor Allen Settle
ATTEST:
Acting City Clerk Kim Condon
i
Resolution No. -(1998 Series)
Page
2-
APPROVED
APPROVED AS TO FORM:
City Attorney Jeff Jorgensen
i
e3-16 .
L)
.I olrpy/
CZ3
I mm
II
M
4< cn
M, 0
< bib . \ `•: ,\y �§Do�i'f •'` •�'� 1 �\
%01
ROBERTO
4L
Lo
cm
F71A
C3
N MWOW
n-LIJ
Wl
c) .0
/En 0
Lp Mi.
op,
j
OP
C\1
--------------I;
%
of
-------------
CW)
ti � e '�_ !
• : t1�
tt ' s c I ;i E� I•a
a Q • 0 1 1+'•ill s
I % ¢ R
Q
40
_.!==3=ya
Mw
y � '•, !l s !,� �=Eg a .m. a
eF raa•
/ a CC
831111 ;
< e.a
i m
•i :4 � ��• a°! ` 15 m
i i E xo O
c
111va
= �:;• ! U
i ` •� �1 Foo C
Cat
�` ggyy
to
i ' - vE '�elElEFEEE�F c9 t
e L`� eia = 0
!� x
tea= x o
J-e � [�a! `� •q 1r _�' , 1 Axa Ix �
4 e
if U
1//-FE • ''a � �� ��o umi co
WCowIx
.a:aS�JUj
m
L
. —— — F m m
W m a
1
n.. 7f• W m
1 [In3.s o '. , j �' W m 'm
a m E o
! e ! !t U s
I I I I1 tel_ HIL i Sz
If 1} i �lE_ : Ft ire go
: l
1 =- `H511 • y ii y' • i .i
aIIO
INE!MIND;! : p l 6 E . • ! i I ��i�i� I II III
MIND;! IN.1si
� i� �Fll : 4:
1 111111 ,: iy:�i
•! i lel;(E '1! V � `{E . m �_c�'il�,l i�F�� : W `�- ~� � .�
lvxu� 11! F •� F_ .11
1
W E•!1: t I I1l� i i. F4-a F'!E
O �!I• Iif iE:Ii1�'IItEl iil El ll�':`•!iE r[___ •
-W+ HHH1lili'lEiliOii!:li::l:l::::::: a
RESOLUTION NO. 8205 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. •2134.
LOCATED AT 953 ORCUTT ROAD
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 2134 and the Planning Commission's recommendations, staff recommendations,
and reports thereof, makes the following findings:
1. The design of the subdivision 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
M-PD zone.
3. The design of the subdivision is 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 will not conflict with easements 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 various mitigation measures being incorporated into the project, as identified
in the ordinance approving Planned Development Rezoning PD 220-92.
SECTION 2. Conditions. The approval of the tentative map for Tract 2134 is
subject to the following conditions:
1. Subdivider shall obtain approval of rezoning application PD 220-92.
2. This vesting map shall confer a vested right to proceed with development in
accordance with the ordinances, policies and standards described in Section 66474.2
of the Subdivision Map Act, and including all provisions of the ordinance approving
Planned Development Rezoning PD 220-92. Environmental impact mitigation
measures identified in the ordinance approving Planned Development Rezoning PD
220-92 shall be conditions of approval of this vesting tentative map.
C3-9
Resolution No. 8205 (1993 Series)
Tract 2134
Page 2
3. Phase II of the development will require the public street to extend to at least the
southerly driveway serving building //4. This is subject to change if the developer:
changes the phasing proposed.
4. The extended public street will be named Sacramento Drive.
5. A common driveway/maintenance agreement is necessary for common parking areas.
Frontage Improvements
6. Subdivider shall install the required Orcutt Road frontage improvements (curbs,
gutters, 4' detached sidewalk, including culverts and parkway landscaping, at the
ultimate alignment established by the City Council (110 ft R/W), to the satisfaction of
the City Engineer.
Subdivider shall install necessary pavement, signing and striping to accommodate left
tum pockets for both directions and necessary transitions at both ends of his project,
to the satisfaction of the City Engineer.
Subdivider shall pay to the City, the cost of additional remaining Orcutt Road
pavement to accommodate the ultimate street section (to be included in a future City
project), to the satisfaction of the City Engineer.
7. City will pay for additional Orcutt Rd. R/W dedication (indicated on the tentative
map). The amount shall be negotiated between the property owner (or his
representative) and the City and shall be based on fair market value.
8. Access rights along Orcutt Rd. shall be dedicated to the City.
9. The subdivider shall dedicate a 10' wide (minimum) public utility easement and 10'
wide street tree easement along all public street frontages, to the satisfaction of the
City Engineer and public utility companies.
10. The proposed public street shall be designed as a 60' R/W with 44' curb to curb, 8'
parkways with 6' wide integral sidewalks. Pavement/base section shall be designed
with a TI=8 (decorative pavement in the public R/W will not be permitted). A
bicycle lane shall be provided on each side of the street, and parking shall be
prohibited on thewest side of the street.—The bridge section shall include two 12 foot
driving lanes, two 5 foot bike lanes, and an 8 foot sidewalk on one side. Upon
connection to Sacramento Dr., the roadway shall transition to meet the existing curb
alignment of Sacramento Dr., to the satisfaction of the City Engineer. The street
a.34D
Resolution No. 8205 (1993 Series)
Tract 2134
Page 3
profile and building sites shall be designed to accommodate the existing grades of
Orcutt Rd. and the future grade changes required for the railroad overpass.
11. A median island in the new street will not be permitted.
12. Phasing of the construction of the public street shall provide for the ultimate street
section and pavement life(per the City's Pavement Management Plan) at the end of
the phase III. The subdivider's engineer shall include this requirement in the public
improvement plans, to the satisfaction of the City Engineer.
13. Driveway ramps (or.alley-type entrances with minimum radii of 30') shall be
constructed per City standards in lieu of the street type driveways proposed, to the
satisfaction of the City Engineer.
14. The subdivider shall construct a bus stop on Orcutt Rd (shelter, signing, trash
receptacle, etc...), on the southerly side of Orcutt Rd and westerly of the new street,
to the satisfaction of the City Engineer.
15. The subdivider shall install street lighting per City standards, including off-site street
lighting along roadways leading to and from the proposed development, to the
satisfaction of the City Engineer.
Street Trees
16. Street trees are required to be planted per City Standards (the number of trees are
determined by one tree required for each 35 linear feet of street frontage) at the time
of lot developments. An exception shall be for any trees required as part of
mitigation measures established by the Dept. of Fish & Game. In no case, shall any
tree be planted in a location which may be in conflict with any earth fill, retaining
walls, etc...associated with a future railroad overpass. Species: As determined by the
City Arborist.
Water, Sewer & Utilities
17. Construction of the public sewer main through to the Sacramento Drive sewer main
must occur as part of phase I of the development (including any necessary
improvements required to cross the creeks).
18. Any sewer mains outside of dedicated public right-of-way shall be privately owned
and maintained by the property owner's association.
e3'11
Resolution No. 8205 (1993 Series)
Tract 2134
Page 4
19. Sewer lift station charges are required to be paid prior to recordation of the final map
as determined by the City Engineer and Utilities Engineer. ($4,143.83) Fees can be
incrementally paid with each phase of the development at the time of building permit
issuance subject to the approval of the City Engineer and Finance Director.
20. The final grades and alignments of all public water, sewer and storm drains (including
service laterals and meters) are subject to change to the satisfaction of the City
Engineer and Utilities Engineer.
21. The subdivider shall dedicate an easement for the public water system over all parking
area (including planters and raised medians) within lots 3-7, to the satisfaction of the
City Engineer and Utilities Engineer. The easement is for operation, maintenance,
repair, and replacement of the public water distribution system.
22. The proposed looped on-site water main, service laterals and meters (serving lots 3 -
6) shall be an extension of the public water system. The 8" dead-end water line
between lot 5 and lot 6 shall be privately owned and maintained.
23. ..The public water main may be phased with the approval of the Fire Department with
regards to required fire flows. The City will participate in any line upsizing of public
water mains (increases above the size required to provide fire flow or the City's 8"
minimum, whichever is larger).
24. The public street must be constructed through to Sacramento Drive as part of phase 3.
25. Water services, water meters and fire lines serving lot 7 shall be connected to the
water main in the new public street, not from the on-site water main.
26. The subdivider shall underground all existing overhead utilities along the southerly
property.frontage of Orcutt Rd, to the satisfaction of the City Engineer and utility
companies.
Site, Grading & Drainage
27. All bridging or other modifications to the existing creek channels must be in
compliance with the City's Flood Management Policy Book (specifically regarding
clear spanning of creeks, etc...) and approved by the City Engineer, Corp of
Engineers and Fish & Game and must meet City standards and policies. The crossing
of the southerly creek channel for the connection to Sacramento Drive shall be
designed as a bridge or free span arch. No pipe culverting of this channel shall be
allowed.
Resolution No. 8205 (1993 Series)
Tract 2134
Page 5
28. Clearing of existing creek and drainage channels, including any tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the City
Engineer and the Dept. of Fish & Game.
29. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the City Engineer.
Traffic
30. Traffic impact fees listed as a condition in the Ordinance rezoning the property to M-
PD (PD 220-92) shall be paid prior to issuance of building permits for Phase I.
31. The City is expected to adopt a new traffic impact fee ordinance sometime in 1993.
That ordinance may impose additional traffic fees, and/or may allow credit for fees
itemized above.
. 32. The subdivider shall be entitled to reimbursement for excessive costs incurred to
install the major bridge.(or free span arch), and water main within the bridgetarch
limits at the southwest comer of the tract in order to extend Sacramento Drive to
Orcutt Road.
The reimbursement will be based on costs in excess of the developer's responsibility
of 20/60 (33.33%) of the final cost for the work, excluding base, pavement,
sidewalks and railings, water main within the area of the bridge/culvert and other
utilities, in accordance with provisions of Municipal Code Section 16.44.091. Such
reimbursements shall be paid to the subdivider only when and if prorated shares are
collected from the developers of new projects which benefit from this improvement,
as determined by the City Engineer, and subject to an agreement, as prescribed in
said regulations.
Other
33. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc...,
shall be tied to the City's control network. At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel
map. A 5-1/4" diameter computer floppy disk, containing the appropriate data for use
in autocad for Geographic Information System (GIS) purposes, is also required to be
submitted to the City Engineer.
G3/3
Resolution No. 8205 (1993 Series)
Tract 2134
Page 6
On motion Of Council Member Romero , seconded by Council Member
Rappa , and on the following roll call vote:
AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 31st day of August , 1993.
Mayor Pi Pinard
ATTEST:
c
err Dian R. G1 ell
APPROVED:
1 44^MCA AV F1l li/Wl `7�
Attorfiej
The SLO Partners
3940 Dominion Road 805-937-9063 tele
Santa Maria, California 93454 805-937-8418 fax
July 6, 1998 RECEIVED
JUL 2 0 1998
Ronald Whisenand COMMUh SAN UIS OBISpO
Community Development Department �'�OPMEwr
P.O. Box 8100
San Luis Obispo, CA 93403
Dear Mr. Whisenand,
Regarding TracVRM. No. 2134 City File #220.92, we request a one year extension of time
to record this map.
Thank you for your attention to this matter.
Sincere ,
an J. Beko
�3-!S