HomeMy WebLinkAbout01/03/2006, C3 - FINAL MAP APPROVAL FOR TRACT 2478-A FOUR RESIDENTIAL AND ONE OPEN SPACE LOT COMMON INTEREST SUBDIVI .I
council ` °"`D"° 01/03/2005
j acEnaa Repout 613
C I TY OF SAN LU IS 0 B I S P 0
FROM: Jay Walter, Director of Public WorYate
Prepared By: Carmen Leyva, Asso Civil Engineer
SUBJECT: FINAL MAP APPROVAL FOR TRACT 2478 — A FOUR RESIDENTIAL AND
ONE OPEN SPACE LOT COMMON INTEREST SUBDIVISION LOCATED
AT 3045 ROCKVIEW — SUBDIVIDER: JOHN R. AND KELLY D.
MITCHELL.
CAO RECOMMENDATION
Adopt a resolution (Attachment 1) approving the final map (Attachment 2) for Tract 2478.
DISCUSSION
The tentative map for Tract 2478 (Planning Application No. TR/ER 43-02) was approved on
November 12, 2002 per Resolution No. 9385 (2002 Series) (Attachment 3), which subdivides
one lot into four airspace condominium lots and a one open space common interest lot.
California Government Code [Subdivision Map Act (§66452.6)] states that "an approved
tentative map shall expire 24 months after its approval, or after any additional period of time as
may be prescribed by local ordinance, not to exceed an additional 12 months." The current
developer applied for a time extension request on November 1, 2004 and was granted a one year
time extension on March 15, 2005 per resolution 9663 (2005 Series).
Section 66474.1 of the Subdivision Map Act states that "A Legislative body shall not deny
approval of a final or parcel map if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final or parcel map is in substantial compliance with the
previously approved tentative map 11
Covenants, conditions and restrictions (CC&Rs) and Common Driveway Agreements have been
approved by the Community Development Director and City Attorney and will be recorded
concurrently with the final map.
The final map has been found to be in substantial conformance with the approved tentative map and
all conditions related to the map have been met.
CONCURRENCES
The Community Development Director, Utilities Director and City Attorney concur with the
recommended action.
Council Agenda Report-Fiiiat Map Approval -Tract 2478
Page 2
FISCAL IMPACT
Typical maintenance and operation of public facilities will be required for water main, fire hydrants
and sidewalk improvements.
Attachments:
1 -Draft Resolution
2-Map
3 -Resolution No. 9385 (2002 Series)
4 -Resolution No. 9663 (2006 Series)
1:\ CAR Reports\2005\DevRev\Tract 2478
- ' - ATTACHMENT 1
RESOLUTION NO. (2006 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2478
WHEREAS, the City Council made certain findings concerning tentative Tract 2478, as
prescribed in Resolution No. 9385 (2002 Series), and
WHEREAS, the City Council made additional findings concerning a one-year time
extension to file a final map, as prescribed in Resolution No. 9663 (2005 Series), and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and Common Driveway Agreement
WHEREAS, all other conditions required per said Resolution No. 9385 (2002 Series) have
been met.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2478 is found to
be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
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 2006.
C3 - 3
. . f11 IF1Vfl�61�1� I
Resolution No. (2006 series) Page 2
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
C ORNEY Jonathon P. Lowell
1:\_CAR Repons\2o05\DevRev\Tract 2478\Final Map Resolution for Tract 2478
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ATTACHMENT 3
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 environmetttal review, the design of the
subdivision, or type,of improvements, is not likely to cause detriment to public health or
safety.
R 9385
ATTACHMENT 3-1
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 FYndings
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,TRIER 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
16.40.680.
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.
ATTACHMENT 3_2
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.G. &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 (199135 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 translations should be in parenthesis),to
the approval of the City Engineer.
C� - 9
ATTACHMENT 3-3
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 1P day of November 2002.
W
Mayor Allen Settle
A T:
City Clerk Lee Price
APPROVED AS TO FORM:
0ee
i ttorgensen
Exhibit A: Tentative Tract Map#2478,3045 Rockview Place
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ATTACHMEN 4
RESOLUTION NO.%63(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. Findinga That this council, after consideration of public testimony,
e subdivider's request, staff recommendations and reports thereon,found that the one-year time
,tension is justified.
SECTION 2. Action. That a one-year time extension for filing the final map for
.ntative Tract Map No. 2478 is granted to November 12,2005, subject to the original findings
id conditions of tentative map approval, as specified in City Council Resolution No. 9385
;002 Series).
On motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
Blowing roll call vote:
AYES: Council Members Brown and Mulholland,Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
he foregoing resolution was passed and adopted this 15th day of March 2005.
Mayor David F.Romero
7=:
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ity Clerk
R 9663
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