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HomeMy WebLinkAbout01/16/1990, 1 - TENTATIVE MAP SUBDIVIDING AN EXISTING INDUSTRIAL BUILDING INTO AIR-SPACE CONDOMINIUMS ON THE EAST S QI�iuI� I�IIIIIIIIII�lllllll �/ f MEETING GATE: ID�u►�u cl"J or sa.� tins oB�spo � 1-16-90 COUNCIL ADEN A REPORT STEM NUMBER: FROM: Randy Rossi, Interim C&unity Development Director; By: Gary Price Associate Planner. SUBJECT: Tentative map subdividing an existing industrial building into air-space condominiums on the east side of McMillan Avenue north of Orcutt Road. CAO RECOMMENDATION: Adopt resolution approving the tentative tract map, subject to the attached findings and conditions. BACKGROUND: Discussion The subdivider proposes to divide ownership of an existing industrial building into five separate 1,500 square foot "air space" condominium spaces for sales to different parties. The remaining building and portions of the site, such as parking, landscaping and creek area would be owned in common by the condominium property owners association. A separate outdoor use area would be reserved exclusively for tenant space Unit E (refer to the enclosed plans). Significant Impacts The initial environmental study (attached) identified no significant adverse environmental impact which would result from the proposed rezoning. Consequences of Not Taking the Recommended Action The subdivider would not be able to sell off separate tenant spaces within the building. Data Summary Address: 2930 McMillan Avenue Subdivider/Property Owner: Troy West Zoning: M General Plan: Service-Commercial/Light Industrial Environmental Status: Negative Declaration approved by the Director Project Action Deadline: January 23, 1990 Site Description The 25,420 square foot site is relatively flat sloping slightly to the street. Site improvements include a 7,500 square foot industrial building, parking and landscaping. A tributary to Acacia Creek runs through the eastern portion of the site. This section contains several large eucalyptus trees. Surrounding uses consist of vacant land and a ������►�Hi��llllllll�° ��111 city of san Lu. .. oBispo 01 'Ma COUNCIL AGENDA REPORT Page 2 residence to the south, an auto wrecking yard and the railroad tracks to the east and various heavy commercial warehousing and industrial businesses to the north and west of the site. Evaluation The subdivider wants to create airspace condominiums so he can sell the individual tenant spaces. Apparently there is a demand for commercial condominiums greater than in previous years, because many businesses cannot afford to build and occupy an entire building, and these businesses want to build equity for the future. The city has regulations for condominium development. However, the regulations are for residential condominiums only. No specific standards are set for commercial condominiums. Approving a commercial condominium map simply amounts to approving a division of ownership. No physical changes will result from approval of the map except for the location and installation of individual utility boxes. This added equipment is subject to review by planning staff for consistency with Architectural Review Guidelines. For commercial condominiums, an important issue is maintenance of the grounds and building. Staff suggests that a condition be placed on the map requiring a property owners' association to maintain the site. This condition has traditionally been placed on commercial condominiums and appears to satisfy this concern. i Easements for city creek access and maintenance have already been obtained from the previous development project at the site. The Open Space Planner has indicated that the tributary will not likely be included in the city's trails plan that pedestrian access is not warranted. Alternatives On December 13, 1989, the Planning Commission recommended approval of the tentative map on a 5-0 vote, Commissioners Duerk and Schmidt were absent. The commission added a condition to require removal of the existing oil storage tank at the rear of the site. Condition No. 6 regarding tank removal and disposal has been added to the tract map approval resolution. The Council may: 1. Approve the tentative map subject to findings and conditions as recommended by staff, or with other appropriate conditions. 2. Deny the tentative map. Denial must be supported by findings explaining grounds for denial, based on the provisions of state and local subdivision regulations. A resolution denying the tentative tract is attached. City Of Sa' "UIS OBISPO COUNCIL AGENOA REPORT Page 3 3. Continue action to a date prior to the set deadline of January 23,' 1990. According to state law if no action is taken on the tentative tract map by the prescribed deadline, the map will be deemed approved. CITIZEN PARTICIPATION i No public testimony was received at the Planning Commission hearing on the tentative map. However, a letter supporting the project from Terry Boyer was noted for the record at the hearing. OTHER DEPARTMENT COMMENTS No significant comments have been received from other departments regarding the tentative map. RECOMMENDATION The council should adopt the attached resolution approving the tentative map for Tract 1846 subject to findings and conditions recommended by staff and the Planning Commission. Attachments:ryicinity Map Resolutions for Approving and Denying the Map Planning Commission Minute Excerpts from the December 13, 1989 meeting Initial Study Enclosed: Tentative Subdivision Map 1846 I RESOLUTION NO. (1990 Series) �J A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1846 LOCATED AT 2930 MCMILLAN AVENUE 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 1646 and the Planning Commission' s recommendations, staff recommendations, and reports thereof makes the following findings: 1. The design of the subdivision is consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the M zone. 3. The design of the subdivision is not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably inure 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 Community Development Director has determined that the proposed �J subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Conditions. The approval of the tentative map for Tract 1846 be subject to the following conditions: 1. Subdivider shall submit a final map to the city for review, ,approval and recordation. 2. Subdivider shall provide individual water services for each unit.. Meters shall be clustered, at the back of the sidewalk at property frontage to the approval of the City Engineer. 3. Subdivider shall provide individual gas and electrical services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 4. Final map shall note a blanket easement over the common lot area, except under structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. S. Subdivider shall prepare covenants, Conditions, and Restrictions (CC &R's) , to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions:. Resolution No. (1989 Series) Tract 1846 Page 2 a. Property owners association created to enforce the CC&R's and provide for professional, perpetual maintenance of common areas' including, but not limited to driveway, parking lot, landscaping, utilities and building exteriors. b. Rights shall be granted to the city to maintain common areas if property owners association fails to do so, and assess said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. d. No change in city regulated provisions of the CC&R's shall be allowed without prior approval of the Community Development Director and City Attorney. 6. The applicant shall remove the existing storage tank at the rear of the site to an approved disposal site. 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 1990. Mayor ATTEST: City Clerk �r� Resolution No. (1989 Series) Tract 1846 Page 3 APPROVED: City A inistrat✓ive Officer it tto ney Community Development Director RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPROVAL OF TENTATIVE TRACT NO. 1848 LOCATED AT 299.5 MCMILLAN AVENUE 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 1848 and the Planning Commission' s recommendations, staff recommendations, and reports thereof makes the following findings: 1. The design of the subdivision is not consistent with the general plan. 2. The site is not suited for the type and design of the subdivision. SECTION 2. Denial. The request for approval of the subdivision request for Tract 1848 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 1990. Mayor ATTEST: City Clerk 1 - Resolution No. (1989 Series) Tract 1848 Page 5 APPROVED: City Administrative Officer Wttt ney Community Development Director �l VICINITY MAP TRAC "1846 2930 McMILL.,N C - MORRISON ST. :Jp m < MA j'op V O Z LU L O � �. nr/• f7LN/Gf 'fir A • L • l J ` r<,.::.:,. ........ —SITE co.77rk7c✓ •��••Rtt U• . - je:DrF ; _•• ; .. •. a ..V.O FYI..A ...rl.i �Y... ,nN r w p e.•a,.. p � e e G ^ .e.o ^ __ a....o,.o •<.e.. a[i O M Zt al.<+new.< Grn fall YC. •1. ^ ....•i ^— y -s , a.-.. . ... 0 .,_... p C..eT. ' _ V.Yf♦ MS i9. f.r. C3RCUTT _ ROAD l� .C . Minutes �'mber._ 13 , 1989 2 . Dmmr . Kar eskint was also concerned with tree retention and replacement )ssibiliti s . ice Chair Cr tser closed the public hearing. )mmr . Hoffman scussed compliance with the t ee ordinance and recommended )ntinuing the i m to allow the ARC to revi the site and make a tree :tention determi tion. He also noted a c ncern with the driveway slope Unit 6 . .ce Chair Crotser fe t the trees could a replaced with more suitable iecimens . used on the concern ove tree rete ion , there was much discussion as to nether it would better s rve the plicant to continue the item or deny .thout prejudice. The ap licant stated he did not favor a continuance. immr . Hoffman moved to deny h tentative: tract map without prejudice , th the stated intention of rwarding the item to the ARC for their tention determination at t i next meeting. mmr . Kourakis seconded t e motio . �. Karleskint felt a item shol d have gone to the ARC first . ce� Chair Crotser we against the motion as he feltconditions. g , had been t and the project as viable as prese ted . TING : AYES - ommrs . Hoffman, Kouraki and Kerleskint . NOES - Commr. Crotser. ABSE - Commrs . Duerk and Schmi e motion asses . ------------------------------------------------------------------------- em 2. Public Hearing: Tract No . 1846. Consideration of a tentative map creating a 5-unit air--space industrial condominium conversion ; 2930 McMillan Avenue; M zone; Troy West, subdivider . m Ricci presented the staff report and recommended the commission commend that council approve the tentative tract map, subject to findings d conditions . ndy Rossi noted the receipt of a letter of support from Terry Boyer garding both this item and Item 3 . `Chair Crotser opened the public hearing . ' . C . Minutes )ecember. 13 , 1989 'age 3 . lark Ames , 1291 Murray, site tenant , stated he favored the request , which could allow him to buy his unit . 'ice Chair Crotser closed the public hearing . ommr. Karleskint noted that there was a decaying oil storage barrel on ite. Mr . Ames stated that the previous tenant had left the barrel and hat its removal was being handled . ommr . Kourakis moved to concur with the negative declaration and recommend hat council approve the tentative tract map, subject to findings and onditions, adding condition 6 to require removal of the oil tank to a safe ocation . ommr . Hoffman seconded the motion . OTING : AYES - Commrs. Kourakis, Hoffman, Karleskint and Crotser. NOES - None. ABSENT - Commrs. Duerk and Schmidt . ie motion passes. :em 3. P blic Hearing: Tract No. 1848. Consideration of a tentative map \ cr ting a 32-unit air-space industrial condominium; 2995 McMillan Avenu M zone, Roger Brown and Jack Foster , subdivid s . im Ricci presented a staff report and recommended a commission !commend that council pprove the tentative tract p , subject to findings d conditions . ere -was staff discussion o traffic impact and the Orcutt Road tersection improvements, as ell as par ' ng allotment monitoring for the tire project . ce Chair Crotser opened the publ ' hearing.. ke Hernandez , 404 Lawrence, pplican ' s representative , discussed the ditional parking spaces t be utilized on an adjacent property and the ndscaping plan to impr a the area . He elt the 1 space per 284 square et projection would available . ce Chair Crots closed the public hearing . nmr . Kour s moved to recommend that council approve the tentative tract D , subi t to findings and conditions . nmr Karleskint seconded the motion . Ali VIZ Z 4 Al 4.VZ-. V _ °"1Z L Q N A VE. n Rg� �a��� •ani 99EEi � •o- � a ' kms � r a 1 a ` i.FP a i L o � rfit 1� UI sa s ? at! • o w � 1 `GGc pe � g city of San WIS OBISp0 INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION adk'i I Ian Avenue APPLICATION No.Tract 1846 2g��.- ! - PROJE&DESCRIP=14 ^©fer `o ati'ached deScriDt:ion ER 63-89 APPLICANT Troy West STAFF RECOMMENDATION- X_NEGATIVE DECLARATION —MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED _ENVIRONMENTAL IMPACT REPORT REQUIRED PREPAREDBY Gary W. Price, Associate Planner DATE November 17, 1989 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: ( DATE2 9—(57 NFsgnvr � i t rrZN'T7G'.rJ leGl SUMMARY OF INITIAL STUDY FINDINGS 1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS { A. COMMUNITY PLANS AND GOALS ............... NONE B. POPULATION DISTRIBUTION AND GROWTH.......................................... NON_C. LAND USE ................. NONE 0. TRANSPORTATION AND CIRCULATION .,............. NONE E. PUBLICSERVICES ............. NONE . F. UTILITIES........................................1................................. NONE G. NOISE LEVELS ................................................................... NONE H. GEOLOGIC&SEISMIC HAZARDS d TOPOGRAPHIC MODIFICATIONS .................... JUNE I. AIR QUALITY AND WINO CONDITIONS............................................... NONE J. SURFACE WATER FLOW AND QUALITY .................... .. N014E K PLANT LIFE.......................:........_................. NOIJE - L ANIMAL.LIFE..................._.......................... NONE M. ARCHAEOLOGICALIHISTORICAL ............ NONE N. AESTHETIC ...............................................:....................... NONE- O. ENERGY/RESOURCEUSE ................ ....... NCNE P. OTHER ............................... .............................................. !'NONE - l1 M.STAFF RECOMMENDATION Grant a negative declaration of environmental Impact 'SEE ATTACHED REPORT ee m Tentative Tract Map No. 1846 Environmental Review ER 63-89 Project Description: The applicant proposes to subdivide an existing industrial building into five separate 1,500 square foot "air space" condominium spaces for sales to different parties. The remaining portions of the 25,420 square foot lot, including parking, landscaping and creek area would be owned in common by the condominium owners. A separate outdoor use area would be reserved exclusively for tenant space Unit E. The plans attached are incorporated in this project description by reference. Potential Impact Review: The project will not result in any physical changes to the site and is simply a legal process to divide ownership of the lot and building. Staff Recommendation: Grant a negative declaration of environmental impact.