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Home My WebLink About04/19/2005, C5 - REQUEST FOR ONE-YEAR TIME EXTENSTION TO FILE THE FINAL MAP FOR THE EDNA VALLEY OFFICE CONDOMINIUM, Council M.6nDf OS j acEnaa RePoRt N CITY OF SAN LUIS O B I S P U FROM: John Mandeville, Community Development Directoiy Prepared By: Tyler Corey,Associate Planner SUBJECT: REQUEST FOR ONE-YEAR TIME EXTENSTION TO FILE THE FINAL MAP FOR THE EDNA VALLEY OFFICE CONDOMINIUM, 735 TANK FARM ROAD (MS/TE 182-02). CAO RECOMMENDATION Adopt.Draft Resolution "A", approving the requested one-year time extension for filing the final map for Parcel Map No. SLO 02-0332; City File No. MS/TE 182-02, subject to all the findings and one condition of tentative map approval. DISCUSSION Data Summary Address: 735 Tank Farm Road Applicant: -Edna Valley Office LLC Representative: Michael Hodge Zoning: O-SP (Office Specific Plan) General Plane Office Environmental status: Categorically exempt under Class 15, Minor Land Divisions (Section 15315) of-the CEQA Guidelines. Situation On April 1, 2003, the City Council approved the tentative map creating an 8-unit airspace commercial condominium. 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 February 8, 2005, prior to the map expiration date of April 1, 2005,the City received the time extension request. 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 April 1, 2006. Council Agenda Report—MSrrE 182-02 April 19,2005 Page 2 Site Description The rectangular shaped site contains 2.36 acres and is developed with a 56,000 square foot commercial office building, parking areas and landscaping. The property is generally located on the southeast comer of Tank Farm Road and Broad Street, having frontage off Tank Farm Road. The surrounding area is a mix of residential, office and commercial uses. The property to the west is zoned O-SP and developed with a 8,697 square foot office building along with parking, landscaping and various other site improvements. The property to the north across Tank Farm Road is zoned C-C and developed with the Mangold Shopping Center. The property to the east is zoned R-2-PD and developed with residential condominiums and apartments. The property to the south is zoned R-2-SP-PD and developed with single-family residences. Zoning surrounding the site is shown in the attached vicinity map (Attachment 1). Evaluation It has been the City's policy to support time extensions if the subdivider has made reasonable progress toward fulfilling tentative map 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 City requirements of project approval. Since this is the subdivider's initial request for an extension, and the subdivider is working on the tentative map requirements, the request is consistent with the applicable standards used for review. CONCURRENCES The approved condition of approval reflects the requirements of all reviewing City departments. No additions or changes to the condition of approval are recommended. ALTERNATIVES 1. Deny the requested one-year time extension. If the council denies the time extension, the tentative parcel 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 (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. CJ Council Agenda Report—MSfM 182-02 April 19,2005 Page 3 ATTACHMENTS: 1. Vicinity Map 2. Reduced scale tentative parcel map 3. Council Resolution No. 9433 (2003 Series) originally approving the tentative parcel map 4. Time extension request dated February 8, 2005. 5. Draft Resolution "A" as recommended by staff approving the time extension 6. Alternative Draft Resolution `B" to deny the time extension ( GAtcomy\CC\MS-TE 182-02(Hod,c)\MS-TE 182-02 cpt.doc CS .5 VICINITY MAP File No . 182-02 PR NSI Attaci-ment 2 a II � ' 4 �3 0 I ,n x n Ali lo .... c qi, l"Y = �� ____ _____-- y ..fie V_ Attachment 3 RESOLUTION NO.9433 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SUBDIVISION OF A COMMERCIAL BUILDING INTO EIGHT (8)AIR SPACE CONDOMINIUM UNITS AND A COMMON LOT,FOR PROPERTY LOCATED AT 735 TANK FARM ROAD (MS 182-02). WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public hearing on February 12, 2003, and recommended approval of the subdivision (MS 182-02) to subdivide a commercial building into eight(8) air space condominium units and a common lot, for property located at 735 Tank Farm Road; and WHEREAS,the City Council conducted a public hearing on April 1, 2003 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the General Plan, Zoning and Subdivision Regulations,Edna-Islay Specific Plan and other applicable City ordinances; and BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1.Findings. Based upon all the evidence,the Council makes the following findings in support of the air space commercial subdivision at the project site: 1. The design of the air space commercial subdivision is consistent with the General Plan and Edna-Islay Specific Plan; which allow division of land in accordance with the City's subdivision regulations. 2. The site is physically suited for the type and density of development allowed in the C-S zone in that it has already been developed with a commercial building and the proposed air space subdivision will simply allow for individual ownership. 3. The design of the vesting tentative parcel map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidable injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish and wildlife and the site has already been developed with a commercial building, parking areas and landscaping. 4. The design of the air space 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 because an existing common driveway easement on R gy33 Attachment' 3 Resolution No. 9433 (2003 Series) Page 2 Tank Farm Road will remain unaffected by the proposed subdivision.. SECTION 2. Action. The City Council does hereby approve application MS 182-02, as shown in Exhibit A, subject to the following condition and code requirements. Condition: 1. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Code Requirements: 1. The subdivider shall provide individual electrical, phone, television, natural gas, and water service and related utility company meters to each unit to the approval of the affected utility companies, Community Development Director, and the Public Works Director. The building permit plans shall be revised or a separate permit shall be issued to show separate services and meters as required. 2. 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. 3. 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 34/2" 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. 4. 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 translations should be in parenthesis), to the approval of the City Engineer. �. Attachment 3 Resolution No. 9433 (2003 Series) Page 3 On motion of Council Member Mulholland, seconded by Mayor Romero and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 1 `day of April, 2003 Mayor David F. Romero A VT4 Lee Price, C.M.C. City Clerk APPROVED AS TO FORM Gilbert A.Trujillo, Interim City Attorney GAS ,g Attachment 4 design professionals ciW engineeis#sarveyors#land planners February 8, 2005 City of San Luis Obispo Planning Department Attn: Tyler Corey 990 Palm St. San Luis Obispo, CA 93401 RE`. Time Extension for Parcel Map SLO 02-0332 Dear Tyler. Parcel Map SLO 02-0332 was originally approved on February 12, 2003. According to our records Parcel Map SLO 02-0332 is scheduled to expire on February 12,2005. Please consider this a notification of request for a one-year time extension for Parcel Map SLO 02-0332 located in the City of San Luis Obispo, County of San Luis Obispo, State of California. As was discussed with Mike Hodge, please told the check for payment. The map will record within 30 days of this notification. Thank your for your time and consideration. Since ly, eryl anske Project Administrator EDA Job#2-2822-000 1998 Sarda Barbara Street,San Luis Obispo,CA 93401 805649-8656 Fax 805649.8704 www.edaino.ccomJ (� C - 1 � Attachment 5 Draft Resolution "A" RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE-YEAR TIME EXTENSION TO FILE THE FINAL MAP FOR TENTATIVE PARCEL MAP NO. SLO 02-0332; 735 TANK FARM ROAD, (MS/TE 182-02). 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 Parcel Map No. SLO 02-0332 is granted to April 1, 2006, subject to the original findings and one condition of tentative map approval, as specified in City Council Resolution No. 9433 (2003 Series). On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 19`h day of April, 2005. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jo�an Lowell, City Attorney CS- ` o Attachinent 6 Draft Resolution `B" RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A ONE-YEAR TIME EXTENSION TO FILE THE FINAL MAP FOR TENTATIVE PARCEL MAP NO.SLO 02-0332; 735 TANK FARM ROAD, (MS/TE 182-02). 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 fulfilling City requirements of project approval; 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 Parcel Map No. SLO 02-0332 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 19`h day of April; 2005. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney