HomeMy WebLinkAbout03/15/2005, C12 - REQUEST FOR ONE-YEAR TIME EXTENSION TO FILE THE FINAL MAP FOR THE ROCKVIEW COMMON INTERST SUBDIVISI council
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Dire
By: Philip Dunmore, Associate Planner J�i7
SUBJECT:
REQUEST FOR ONE-YEAR TIME EXTENSION TO FILE THE FINAL MAP FOR THE
ROCKVIEW COMMON INTERST SUBDIVISION (3045 ROCKVIEW PLACE).
CAO RECOMMENDATION:
Adopt attached Resolution "A" approving the requested one year time extension for filing the
final map for Tract Map No. 2479; City File No. TR MOD 43-02, subject to all the findings and
conditions of tentative map approval.
DISCUSSION
Situation
On November 12, 2002, the City Council approved the tentative map to allow a four=unit
common interest subdivision. The project was originally approved as an apartment project, but
the applicant, John Mitchell, requested the tentative map to allow a common interest subdivision
while the project was still under construction. Since the units had not yet been leased or
completed, the applicant was able to process the map as a new subdivision, rather than a
conversion. 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.
On November 1, 2004, the applicant sent a letter to the City requesting a time extension for filing
the final map prior to the November 12, 2004 tentative map expiration date. On December 19;
2004, the applicant applied for a modification to the tentative map to adjust the boundaries of
each lot to include yard area. The requested modification increased the private ownership
boundaries, but did not affect the type of subdivision(common interest) or the overall boundaries
of the subdivision, the physical layout of the existing properties, nor the approved project
conditions. Consistent with Section 16.16.140 of the Subdivision Regulations, the Community
Development Director approved the modification finding the map changes consistent with the
intent of the approved common interest subdivision.
Under Section 16.16.180 of the City's subdivision regulations, the City may grant time
extensions for filing final maps totaling no more than three years. This is the applicant's first
requested time extension. With approval of the time extension, the map will remain valid until
November 12, 2005.
Tract 2478 Time Extension(3045 Rockview Place) Page 2
Data Summary
Address: 3045 Rockview Place
Applicant/Property Owner: John Mitchell
Zoning: Medium-Density Residential with a Special Considerations overlay (R-2-S) and
Conservation Open Space (C/OS-40)
General Plan: Medium-Density Residential and Open Space
Environmental Status: The City Council adopted a Mitigated Negative Declaration for the
project on November 12, 2002.
Site Description
The 21,995 square foot site is located on the west side of Rockview Place just south of Sweeny
Street. The area developed with 4 residential units and the driveway is zoned R-2-S and
comprises roughly 13,900 square feet of the site. The remaining 8,100 square feet is beyond the
development limit line (the 275-foot contour) and zoned Conservation Open Space with a
minimum parcel size of 40 acres (C/OS110). The Open Space portion of the property is
primarily grassland with no trees or significant rock outcroppings. Surrounding uses include
single family and multi family housing. Slopes in the developable portion of the site range from
roughly 12%to 20%.
Conclusion
It has been the City's policy to support time extensions if the subdivider has made reasonable
progress toward fulfilling tract conditions, or if there are extenuating circumstances that have
delayed the filing of the final map. In this case, the subdivider indicates that he is attempting to
address the many conditions of project approval. Since this is the subdivider's initial request for
an extension, there do not appear to be issues with the City Council granting the one-year time
extension for filing the final map.
CONCURRENCES
The approved conditions of approval reflect the requirements of all reviewing City departments.
No additions or changes to conditions of approval are recommended.
ALTERNATIVES
1. Deny the requested one-year time extension.
If the council denies the time extension, the tentative tract map becomes null and void.
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
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Tract 2478 Time Extension(3045 Rockview Place) Page 3
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.-
Attachment
ttached:Attachment 1: Vicinity map
Attachment 2: Reduced size copy of approved Tentative Tract Map No. 2478
Attachment 3: Reduced size copy of modified Tentative Tract Map No.2478
Attachment 4: City Council Resolution No. 9385 (2002 Series)—containing tract map conditions
of approval
Attachment 5: Time extension request dated 11-1-04
Attachment 6: Resolution "A" approving time extension
Attachment 7: Resolution 'B" denying time extension
Subdv\TR 43-02(time extension).
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Attachment 2
Resolution No.9385
Page 5
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liachment 4
RESOLUTION NO.9385 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO APPROVING A
CONDOMINIUM TRACT MAP AND NEGATIVE DECLARATION
APPLICATION NO.TR/ER 43-02
WHEREAS, the City Council conducted a public hearing on November, 12, 2002 and
has considered testimony of interested parties and the evaluation and recommendation of staff;
and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff; and
WHEREAS,Tract Maps require City Council review and approval;
NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
Section 1. Environmental Review. The City Council finds and determines that the
project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project, and reflects the independent judgment of the City Council. The
Council hereby adopts said Negative Declaration.
Section 2. Findings. That City Council, after consideration of a request to subdivide one
lot into four airspace condominium lots and a fifth common lot with an exception to the
Condominium Standards, makes the following findings:
Subdivision Findings
1. The proposed condominium map is consistent with the General Plan because changing
the apartments to condominiums will not impact available affordable housing, displace
residents, or exceed 50% of the number of apartments built the previous year.
2. The site was physically suitable for the proposed type and density of development.
3. The design of the subdivision, or the type of improvements, is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat since the subdivision will not allow additional construction or
entitlements.
4. Based on staff's analysis and the projects environmental review; the design of the
subdivision, or type of improvements, is not likely to cause detriment to public health or
safety.
R 9385
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ATTRCHMEW 4
Resolution.No.9385
Page 2
5. That the design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
Condominium Exception Findings
1. There are circumstances of the site, such as size, shape or topography, distinct
from land in the same zoning, or compliance would not be practical because of the
location or site design, since the site is particularly long and narrow with a large
portion of the lot on upper slopes;
2. The exception will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the
same zoning since adjacent properties with the same slope and characteristics are
developed to a similar or greater density; and
3. No feasible alternative to authorizing the exception would satisfy the intent of the
City policies and regulations.
4. The project shall be considered as a new condominium project and not a
conversion since the units have been occupied less than 4 months and the tenants
were notified about the proposed condominium project prior to tenancy.
5.. Approval of the condominium subdivision will be consistent with the
recommendations of the Planning Commission, and the condominiums have been
built to substantially comply with Condominium Development standards.
Section 3. Approval. The City Council does hereby approve Application No.TR/ER 43-
02, a request to approve a Condominium Subdivision for 3045 Rockview, subject to the
following conditions:
1. All applicable conditions as required by approval of ARC 13-00 and Administrative Use
Permit.A- 13-00 shall apply to the project.
2. The applicant shall pay Park In-Lieu Fees consistent with SLO Municipal Code Section
16.40.080.
3. Conditions, Covenants and Restrictions(C.C. &R.'s) are required,to the approval of the
Community Development Director and the Public Works Director. The C.C. &R.'s shall
include a description and regulations pertaining to the open space easement.
Resolution No.9385
Page 3
4. Each lot shall have a separate water service connection to the public main. A common
private sewer is allowed, subject to a proper agreement addressing the joint ownership
and maintenance of the private sewer.
5. The common open space shall be maintained in accordance with the City's weed
abatement program.
6. The Open Space easement agreement shall be noted on the Final Map.
7. Solar water heating shall be provided for each unit, and appropriate easements shall be
provided for collector locations. The Community Development.Director may waive the
requirement for solar water heating'in cases where the Chief Building Official has
determined that equivalent energy saving will be obtained by other means.
8. If pertinent, the tentative map shall reflect the location of all any overhead and
underground utilities. The tentative map does not reflect the location of the existing
power, phone, and cable services.
9. Use, access to, and maintenance responsibility of the proposed common open space area
shall be recorded as part of the C.C: &R.'s.
10.The map shall be recorded prior to occupancy of any of the units. Otherwise, the map
- shall be processed as a condominium conversion per Municipal Code Chapter 17.82. '
11.The subdivider shall submit a final map to the City for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
12.The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" -meters) for direct import
into the Geographic Information System(GIS) database. Submit this data either via
email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD,
version 2000 or earlier(model space in real world coordinates, NAD 83 -m). If you have
any questions regarding format, please call prior to submitting electronic-data.
13. The final map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary(e.g.- all record data shall
be entered on the map in the record units, metric translationsshouldbe in parenthesis), to
the approval of the City Engineer.
RFACHMEW 4 . .
Resolution No.9385
Page 4
14. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans & record drawings,compatible
with AutoCAD (Digital Interchange Format, DXF)for Geographic Information System
(GIS) purposes, to the satisfaction of the Public Works Director.
15. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the City or its agents, officers and employees from any
claim, action, or proceeding against the City or it agents, officers or employees to attack,
set aside, void or annul an approval of the City, advisory agency, appeal board or
legislative body concerning this subdivision. The City shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
On motion of Council Member Schwartz, seconded by Mayor Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx,
and Mayor Settle.
NOES: None
ABSENT: None
the foregoing resolution was adopted this 12`s day of November 2002.
l
Mayor Allen Settle
A T:
City Clerk Lee Price
APPROVED AS TO FORM:
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Exhibit A: Tentative Tract Map#2478, 3045 Rockview Place
Attachment 5
TMS TOPOGRAPHIC MAP SERVICE
Steven Frank, RCE 30412 440 Country Club Drive San Luis Obispo CA 93401
(805) 544-0280 (805) 440-3114 Cellular
Philip Dinsmore, Associate Planner I
City of San Luis Obispo VVV O
Community Development Department
990 Palm Street
San Luis Obispo CA 93401
November 1,2004
Subject: Proposed Subdivision
Tract No. 2478(Revised)
Proposed Common Interest Subdivision
Dear Philip:
Effective this date,we are requesting a one-year time extension on Tentative
Tract No. 2478 in order to revise the map and create a common interest subdivision.
Sincerely,
Steven Frank, RCE 30412
I
Attachment B
Resolution "A"
RESOLUTION NO. (2005 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. 2478
(3045 ROCKVIEW PLACE)
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. 2478 is granted to November 12, 2005, subject to the original findings
and conditions of tentative map approval, as specified in City Council Resolution No. 9385
(2002 Series).
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 ,2005.
C�z= lz
Attachi dent 6
City Council Resolution No. (2005 Series)
Page 2
Mayor Dave Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED:
City ney Jonathan P..Lowell
Res\TR 4302(approve extension)
i
Attachment 7
Resolution "B"
RESOLUTION NO. (2005 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. 2478
(3045 ROCKVIEW PLACE)
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 subdividers 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. 2478 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 , 2005.
Attachment 7
City Council Resolution No. (2005 Series)
Page 2
Mayor Dave Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED:
City Attorney Jonathan P. Lowell
Res\TR 43-02(deny extension)
l
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