HomeMy WebLinkAbout10/01/1991, 6 - TRACT NO. 1362 - CONSIDERATION OF REQUEST BY THE SUELDO COMMERCE PARK PROPERTY OWNERS ASSOCIATION TO AMEND CITY IMPOSED REQUIREMENTS OF THE COVENANTS, CONDITIONS AND RESTRICTIONS (CC & R'S) CONCERNING PARKING FOR A 20-UNIT SERVICE-COMMERCI ��tl�����lllllllllll�lll l�llll MEETING DATE:
cityof san tuts osIspo
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold B. Jonas, Community Development Director
BY: Ken Bruce, Senior Planner
SUBJECT: Tract No. 1362 - Consideration of request by the Sueldo
Commerce Park Property Owners Association to amend City
imposed requirements of the Covenants, Conditions and
Restrictions (CC & R's) concerning parking for a 20-unit
service-commercial/industrial air-space condominium
located on the east side of the Sueldo Street in Higuera
Commerce Park.
CAO RECOMMENDATION:
Adopt resolution denying the requested changes to the CC & R' s.
BACKGROUND:
Situation
The Council in approving the tentative map for this condominium in
1986 attached standard commercial condominium conditions, including
covenants, conditions and restrictions (CC & R's) requirements.
One of those CC & R requirements was "all parking spaces provided
in the project shall be available for use by all of the individual
owners". Another requirement was "the City imposed requirements
shall not be amended without the prior approval of the City
Council" .
The Sueldo Commerce Park Property Owners Association wants to make
two amendments to the CC & R' s concerning parking spaces within the
project. The Council must approve the requested amendments.
Data Summary
Address: 3563 Sueldo Street
Owner: Sueldo Commerce Park Property Owners Association
Representative: Jim Batchelor, President SCP Owners Association
Zoning: C-S-SP
General Plan: Service-Commercial/Light Industrial
Site Description
Rectangular site, 2 . 19 acres in size. Developed with a 20-unit
air-space condominium.
EVALUATION
The owners of most businesses in the condominium complex have had
a parking problem since an athletic club opened in late 1986. The
club has a lot of members who often fill all the available parking.
ist of the club' s patrons ignore the parking regulations. The /
��mi�N►�I111111�11° IIN111 city of San lues OBISpo
lii% COUNCIL AGENDA REPORT
athletic club received a use permit (U 1279) from the Planning
Commission on August 27 , 1986. (See attachment) . A condition of
the use permit limited occupancy of aerobics area to 50 persons.
Another condition was that a minimum of 27 parking spaces be
provided on-site. This is the minimum parking required by the
zoning regulations. It appears that City parking requirements for
athletic clubs are insufficient based on this particular case.
Most patrons of this and other athletic clubs arrive driving a car
alone.
Because other businesses within Sueldo Commerce Park have not had
parking available for their employees, service vehicles and
customers, all the owners, including the athletic club owner have
voted to approve a change to the parking requirements/restrictions
for the park. The proposed change would reserve up to three
parking spaces for each condominium unit. This would leave 31
parking spaces unallocated which could be used by anyone visiting
the park. The specific wording changes to the CC & R's are noted
on attached exhibit.
The proposed change would defeat the purpose of the shared parking
plan now in effect for all users of the business complex. Parking
need by use varies in the basic requirement by ordinance, and in
practice during the day as business intensity varies from one use
to another. Restricting specific parking spaces to individual uses
removes those spaces from availability to other uses even though
they may not be needed by the assigned user. Thus spaces could
stand vacant and force prospective users to street parking or other
remedies, which could potentially impact adjoining properties.
It appears that the parking problem in this case is caused by the
specific use of a tenant space by the athletic club. Thus it seems
reasonable to reexamine the athletic club use permit to seek
circumstances under which it can function in harmony with the
remainder of the users of the business complex. These could
include additional restrictions on the number of persons occupying
the club facilities at any one time, trip reduction requirements
or the provision of additional parking.
ALTERNATIVES
1. The Council may approve the requested changes to the CC & R's
as submitted.
2. The Council may continue the requested change and request
additional information from staff or the applicant. Or, the
Council could initiate a Planning Commission review of the
club' s use permit U 1279 with direction to reduce the uses
parking demand.
(O
city or san Luis jatspo
ai,��lulo
COUNCIL AGENDA REPORT
OTHER DEPARTMENT COMMENTS
None.
FISCAL IMPACT
jNone
i
Attachments: Draft Resolutions
Vicinity Map
Tract Map/Site Plan
Applicant' s letter
Proposed CC & R' s changes
Use Permit U 1279
I
I
i
I
I
RESOLUTION NO. (1991 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING A REQUEST TO AMEND THE
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TRACT NO. 1362 LOCATED AT 3563 SUELDO STREET
WHEREAS, the Sueldo Commerce Park Property Owner' s Association
has applied to the City to amend Tract No. 1362 Covenants,
Conditions, and Restrictions;and
WHEREAS, the City Council has held a hearing on October 1,
1991 to consider amending the Covenants, Conditions, and
Restrictions of Tract No. 1362 ; and
WHEREAS, the City Council has considered staff recommendations
and reports on the requested amendments to the Covenants,
Conditions, and Restrictions of Tract No. 1362 ; and
WHEREAS, the Director of Community Development has determined
that amending the Covenants, Conditions, and Restrictions of Tract
No. 1362 is exempt from the provisions of the California
Environmental Quality Act (CEQA) ,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. That the request to amend the Covenants,
Conditions, and Restrictions of Tract No. 1362 be denied based on
the following findings:
1. The requested amendment will be detrimental to public safety,
interest, and welfare of persons working at the site or in the
vicinity.
2 . The requested amendment is not appropriate at the Tract No.
1362 location and may not be compatible with surrounding land
uses.
3 . The requested amendment is not consistent with City policy
concerning commercial condominiums.
Resolution No. (1991 Series) .
Page 2
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 1991.
Mayor
ATTEST:
City Clerk
APPROVED:
City dministrative Officer
(D&I,f 44.-2e IiIA4-t4-4�
r
y ttf n
Community Dev Upment Director
_S
RESOLUTION NO. (1991 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING APPROVAL OF AMENDMENTS TO
THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TRACT NO. 1362 LOCATED AT 3563 SUELDO STREET
WHEREAS, the Sueldo Commerce Park Property Owner' s Association
has applied to the City to amend Tract No. 1362 Covenants,
Conditions, and Restrictions; and
WHEREAS, the City Council has held a hearing on October 1,
1991to consider amending the Covenants, Conditions, and
Restrictions of Tract No. 1362 ; and
WHEREAS, the City Council has considered staff recommendations
and reports on the requested amendments to the Covenants,
Conditions, and Restrictions of Tract No. 1362 ; and
WHEREAS, the Director of Community Development has determined
that amending the Covenants, Conditions, and Restrictions of Tract
No. 1362 is exempt from the provisions of the California
Environmental Quality Act (CEQA) ,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. That the Covenants, Conditions, and Restrictions
of Tract No. 1362 may be amended by allowing up to three parking
spaces to be reserved for each condominium unit.
On motion of ,
seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (1991 Series)
Page 2
the foregoing resolution was passed and adopted this day
of , 1991 .
Mayor
ATTEST:
City Clerk
APPROVED:
City A inistrative Officer
C ' tto n or
Community De el pment Director
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AUG 21 1991 August 21, 1991
City of San Luis Obispo
C,+r o+San Luis oow'
City Council
Palm Street
San Luis Obispo, Ca.
SUBJECT: Modification of CC&Rs in relation to parking for Sueldo Commerce Park
The owners of businesses in Sueldo Commerce Park have had difficulties with
parking for the entire time that there has been a gym operating at this location. Simply
stated, the gym's operation attracts an enormous number of patrons and a large
percentage of these patrons have no interest in the parking requirements of other busi-
nesses. Every effort so far by the owners of the other businesses and even the operators
of the gym have proved ineffective. Consequently, the other businesses not have
parking available for their employees, service vehicles and customers during about six
hours of the business day. This makes it difficult for the surrounding businesses to con-
duct their operations and deprives them of an equitable share in the use of the common
areas to which they are entitled.
We have tried several ideas including written notices handed out to new members
by the operators of the gym, the "Parking Regulations" shown as attachment 'A 'and
marked the wheel stops accordingly. The patrons ignore all this. Due to the way the
CC&R's are worded we are not allowed to actually enforce the regulations. We under-
stand why the CC&R's were set up the way they were, however, we're sure the city did
not expect the extremely high occupancy load the gym enjoys. We would rather not pur-
sue action to revoke or limit their use permit if we can find another way to solve the
problem.
PROPOSAL
All of the owners (including the owners of the units occupied by the gym and the
owner of the gym) have voted to approve a couple of changes in the CC&R's. I would
like to point out that the owners of units O through S voted for this change through
proxy by Kristi Duvall-Freymuller, the owner of the gym business as well as part owner in
unit T. The changes would allow allocation of up to three (3) parking spaces for each
unit. this would leave 31 spaces unallocated to provide shared parking (if all three
spaces are allocated for each unit). Obviously the CC&R's don't make the parking rules
so the association would need to establish rules and provide for proper signs if they
chose to implement them.
I have included copies of the ballots marked 'B' and marked the two portions of the
CC&R's that we propose to change as 'C' and 'D' for your convenience. If the City
approves the change, the association will record the changes as required in the CC&R's.
t0!'�
page 2, CC&Rs
The Association feels very strongly that something must be done so that we may
operate our businesses in a reasonable manner. We are suggesting the changes to the
CC&R's so that we may deal with the parking problems in a legal way without attacking
one business or wasting city staff and City Council time on dealing with our problems.
We also feel the proposed solution is reasonable and will not create a problem with
precedent because we have provided the 31 spaces of shared parking that is needed for
commercial project where a common parking lot is used.
Sincerely,
71Batchelor
President, SCP Owners Association
Co!/(
A �
rking Regulations
Sueldo Commerce Park, 3563 Sueldo Street, San Luis Obispo
The following regulations have been established to assure the most efficient use of the parking
`acilities.
Towaway Zones:
1. All spaces in front of roll-up doors (Exceptions: occupants of units may park in front of their own
doors.)
2. Handicapped spaces, unless handicapped DMV placard is properly displayed.
3. In front of garbage enclosures or in red zones.
These restrictions are in effect 24 hours a day, everyday of the week.
Any vehicles in violation of the above will be promptly towed away—no warnings will be
issued.
24 Hour Gym Patrons
24 Hour Gym patrons are requested to use only the spaces directly in front of the Gym, plus any
spaces along the back fence marked as "open" on the parking plan. Gym patrons should not use
spaces designated for other businesses during normal business hours (usually 8am - 5pm), even
though these spaces may be unoccupied they are reserved for customers of the designated businesses.
Business Parking
All businesses should encourage parking primarily in spaces marked for their Units. See parking plan. If
these spaces are full or if you do not have adequate parking for your employees and customers, then
encourage your employees to use spaces along the rear fence or park on the street rather than the
oarking assigned to other businesses.
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A G I M
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H G N
Sueldo Commerce Park Owners Assoc .
3563 Sueldo, Suite C
San Luis Obispo, CA 93401
Jan 30. 1990
To: Owners and tenants in Sueldo Commerce Park
Re: Parking
The parking committee met last September to try to achieve an equitable use of a limited
commodity, parking spaces in the park . Several recommendations were agreed upon.
This letter is to inform you of these policies.
Assigned Spaces
As per previous communication, parking spaces have been allotted according to space
occupied by each tenant. Your assigned spaces have been marked and are also indicated
on the attached map. In addition, there are several undesignated spaces at the back of
the park. Please inform your employees and customers that they are to use your
designated spaces. If you do not have enough spaces to accommodate everyone, ask
them to use the undesignated spaces or street parking .
Roll-up Doors
The area in front of each roll-up door is for the sole use of the owner or tenant of that
space. No one else should park in front of a roll-up door at any time. This is a
tow-away zone for unauthorized vehicles . Please inform your employees and customers
of this fact to prevent the inconvenience of having their cars impounded.
Garbage Enclosures and Other Unmarked Places
The area in front of garbage enclosures is not a parking space. Red-curbed areas are not
parking spaces. There are also several other places around the park that are not parking
spaces , but people seem inclined to park there. Cars parked in these spaces will be
removed at the owner's expense.
Handicapped Spaces
Handicapped spaces are clearly marked and should be reserved for cars with handicapped
licenses or placards . Non-handicapped cars in these spaces are subject to towing and
fines.
Speeding
Please ask customers and employees to drive slowly through the park the park .
Please inform your employees and customers of these policies . We expect that vdthin•a
week, you should be able to inform your employees and regular customers and thereby begin
solving this growing problem . Your cooperation and courtesy for other tenants' rights is
appreciated .
Respctfu11
feK lett, SCP President
Members of the parking committee
C,uNa U
Sueldo Commerce Park Owners HQsociation Unit(s)
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC-
IONS (CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (woFd) for deletions and CAPS for added
words. The purpose of these changes is to allow the allocation of assigned parking
spaces to the individual units to achieve a more equitable use of the jointly-owned
facilities and to allow towing of vehicles parked in unauthorized spaces if necessary. If
three spaces are allocated to each unit as proposed, there will be 31 spaces not allo-
cated and available to anyone on a first-come basis. These amendments will not require
us to enforce the restrictions 24 hours per day, and in fact we may want to set some
business hours when the designations apply. That decision can be made through the
Bylaws or by Board of Directors action and need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by Sec-
tion 13.04 and the City of San Luis Obispo approves the changes, the secretary shall
deliver copies of the changes to all owners of record and cause the changes to be
recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis Obispo ap-
proves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to allow for allocation of parking spaces as follows?_YES _
NO
Section 9.08. Parking So^ aces. The Board may establish rules for the use of park-
ing spaces. The parking areas shall be for the use and enjoyment of a4 THE owners, and
no paFtitien theFee4 MORE THAN THREE (3) PARKING SPACES PER UNIT shall be al-
lotted to the exclusive use and enjoyment of any one eyoneF UNIT.
Shall Section 14.03 be amended to allow for allocation of parking spaces as follows? _YES
_ NO
Section 14.03. Enforcement of Unauthorized Parking, The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project when
the City receives a complaint from an Owner or from the Association. The parking areas
shall be for the use and enjoyment of a4 THE owners, and no nahitieA theFeef MORE
THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the exclusive use
and enjoyment of any one ewaeF UNIT.
SUELDO COMMERCE PARK OWNERS ASSOCIATION
Sueldo Commerce Park Owners Association Unit(s)�_
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (ward) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked in unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That decision can be mode through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to allow for allocation of parking spaces as
follows?AYES NO
Section 9.08. Parkina Sgace_L The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of e4 THE
owners, and no P9441eR-th9FS49 MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaef UNIT.
Shall Section 14.03 be amended to allow for allocation of parking spaces as
follows? -,L YES _NO
Section 14.03. Enforcement of Unauthorized Parking. The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from an Owner or from the Association. The
parking areas shall be for the jse and enjoyment of ail THE owners, and no per*+t:ieR
#Dafen€ MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of any one 6Y.'RGF UNIT.
6_6
i�
Sueldo Commerce Park O,nrners Association Unit(s) n -S
Proposed amendments to thy. -._.:IARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS (CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (waFd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked in unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed,there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to o!low for allocation of parking spaces as
follows?LYES NO
Section 9.08. Parking Spaces. The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of a4 THE
owners, and no PGF#itiGR *heF G4 MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaeF UNIT.
Shall Section 14.03 be amended to allow for ollocotio,) of parking spaces as
follows? -K-YES —NO
Section 14.03. Enforcement of Unauthorized Parking. The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from an Owner or from the Association. Th@
parking areas shall be for the use and enjoyment of a44 THE owners, and no pe9*1eR
#Iiefee€ MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of any one ewae^F UNIT.
i�us�
Sueldo Commerce Park Owners Association Un r(s) atl
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (weld) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked in unauthorized
spaces if necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and in fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE:These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Sect))'on 9.08 be amended to allow for allocation of parking spaces as
follows?AYES NO
Section 9.08. parking Spaces. The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of e44 THE
owners, and no I@G44ien theFe.94 MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one e,,;,eF UNIT.
Shall Sect' n 14.03 be amended to allow for allocation of parking spaces as
follows? YES —NO
Section 14.03. Enforcement of Unauthorized Parking. The City is hereby vested
with the power to tow away chicles parked in unauthorized areas of the Project
when the City receives a co:-iplaint from an Owner or from the Association. The
parking areas shall be for the use and enjoyment of a4 THE owners, cnd no P94iGR
*hefeef MORE THAN THREE (3) PARKING SPACES PER UNIT ::hall be allotted to the
exclusive use and enjoyment :)f any one eu'a2F UNIT.
Sueldo Commerce Park Cv.(ners Association Unit(s) /h
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (werd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked in unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That declsion can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to allow for allocation of parking spaces as
follows? YES_NO
Section 9.08. Parking aces. The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of ell THE
owners, and no wee€MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaeF UNIT.
Shall Sectiop� 14.03 be amended to allow for allocation of parking spaces as
follows? -4ZYES —NO
Section 14.03. Enforcement of Unauthorized Parking The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from an Owner or from the Association. The
parking areas shall be for the :ise and enjoyment of ell THE owners, and no pef#4ieR
#laefee# MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoymen` of any one eb�3F UNIT.
—I 4
if, t9/- y
Sueldo Commerce Park Owners Association Units) ti
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (w<eFd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the Individual units to achieve a more equitable use of the
jointly-owned facilities and tc allow towing of vehicles parked in unauthorized
spaces if necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are coproved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed arrier.dments shall only be effective if the City of San Luis
Obispo approves them as recuired by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to oi!ow for allocation of parking spaces as
follows? ,_/YES NO
Section 9.08. Parking Spaces, The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of eA THE
owners, and no pei#4ieR theFee€MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one euvaef UNIT.
Shall Section 14.03 be ame•..ded to allow for allocation of parking spaces as
follows? _SES _NO
Section 14.03. Enforcement of Unauthorized Parking. The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a co,;plaint from on Owner or from the Association. The
parking areas shall be for the use and enjoyment of G14 THE owners, and no pef#Pien "
thnrom€MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of any one e,A'Ref UNIT.
To J ;u
Sueldo Commerce Park Owners Associction Unit(s)
Proposed amendments to -he DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Pork. L
All changes are shown with strike through (weFd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocaflon of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked In unauthorized
spaces If necessary. If three spaces are clloceted to each unit as proposed, there
will be 31 spaces not allocated and avoilabie to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors actlon and
need not be spelled out in the CC&R's.
If these amendments ore approved by a rncjority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE:These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
•M
Shall Section 9.08 be amen6ed to allow for c!Iocat;on of parking spaces as
follows? YES NO
Section 9.08. Parking Spaces, The Board may establish rules for the use of } '
parking spaces. The parking areas shall be for the use and enjoyment of ell•THE '
owners, and no pewee€MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaeF UNIT.
Shall Sec Ion 14.03 be amended to allow for allocation of parking spaces as
follows? ES —NO
Section .14.03.-Enforcement sJ Unauthorized Parking, The City Is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from an Owner or from the Association. The
parking areas shall be for the use and enjoyment of eA THE owners, and no peF#4IeR
*h,grnmf MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment ..f any one ewAv_=, UNIT.
Sueldo Commerce Park Owners Assocfatlon
Unft(s)
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (wend) for deletions and CAPS for
added words. The purpose of these changes Is to allow the allocation of assigned
parking spaces to the Individual units to achieve a more equitable use of the
Jointly-owned facilities and to allow towing of vehicles parked In unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed,there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and in fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are cpproved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amenLed to allow for allocation of parking spaces as
follows? YES NO
Section 9.08. Parking_54acF!L The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of ell THE
owners, and no per#4iea rae€MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewe UNIT *
Shall Sect' n 14.03 be amended to allow for allocation of parking spaces as
follows? YES —NO
Section 14.03. Enforcemer• �! Unauthorized Parkins. The City Is hereby vested
with the power to tow away v,. hicles parked in unauthorized areas of the Project
when the City receives a complaint from on Owner or from the Association. The
parking areas shall be for the use and enjoyment of sA THE owners, and no per#i#i9F;
#hefe9 MORE THAN THREE (W PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoymer _ f any one aweef UNIT.
* oaDTlTcrmL,:
UNTP I HAS REPLACED ITS ROLL-UP DOOR WrM A SRXRFFROUr SYS1fM AND II`TpfMM ITS GARAGE
SPACE TO CE USE. THE SPACE AWACFNr TO THE SICRFFRCNr SPACE WOULD
?HEREF RE THE SPACES FRCP9 (3) TO (4).
i
JERTW (DATE) /
J.W. DESIGDI & MNSIRUMCN, INC.
c�
Sueldo Commerce Park Owners Association
Unit(s)
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (we-rd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocaflon of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked In unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enfoic e the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Beard of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to cll owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments :hall only be effective if the City of San Luis
Obispo approves them as required by Sc-tion, 14.05 of the CC&R's.
Shall Se ion 9.08 be amenc:ed to allow for ;_,:locction of parking spaces as
follows? YES NO
Section 9.08. Parking Space_, The Board rnay establish rules for the use of
parking spaces. The parking oreas sholl be for the use and enjoyment of e4 THE
owners, and no pef#itleR theree€MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaeF UNIT.
Shall Section 14.03 be amended to chow for allocation of parking spaces as
follows? -i/–YES —NO
Section .14.03. Enforcement &�(Unauthorized Parkins The City Is hereby vested.
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from an Owner or from the Association. The
parking areas shall be for the use and enjoyment of a4 THE owners, and no pe1#4ea
thefeef MORE THAN THREE (3? PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment ..f any one 9.%'R-2F UNIT.
b-
Sueldo Commerce Park Owners Association Unit(s)
Proposed amendments to he DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (we-Fd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the Individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked In unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed,there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and In fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are cpproved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only t�e effective if the City of San Luis
Obispo approves them as required by Secticn 14.05 of the CC&R's.
Shall Section 9.08 be amended to chow for ;Ilocarion of parking spaces as
follows?AYES NO
Section 9.08. Parking Spaces. The Board mc,,, establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of ell THE
owners, and no peF itlen herea#MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any onee' UNIT.
Shall Section 14.03 be amended to allow for allocation of parking spaces as
follows? A YES
—NO
Section .14.03. Enforcement cf Unauthori d Parkins The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project _
when the City receives a complaint from an Owner or from the Association. The '
parking areas shall be for the use and enjoyment of ell THE owners, and no pe4WG R
thnreef MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment;.f any one ewaeF UNIT.
• s
w
b
Sueldo Commerce Park Owners Association Unit(s) _
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through (weFd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked in unauthorized
spaces if necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and in fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to allow for allocation of parking spaces as
follows? YES NO
Section 9.08. Parking Spaces, The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of all•THE
owners, and no p MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewfleF UNIT.
Shall S tion 14.03 be amended to allow for allocation of parking spaces as
follows?7 YES _NO
Section 14.03. Enforcement of Unauthorized Parking, The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from on Owner or from the Association. The
parking areas shall be for the use and enjoyment of eA THE owners, and no pGA*ieR'-
#hefee#MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of anyone ewaeF UNIT.
L`
Sueldo Commerce Park Owners Association Units)
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike through,(weFd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the IndividJal units to achieve a more equitable use of the
Jointly-owned facilities and to allow towing of vehicles parked In unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and in fact we may want to Set some business hours when the designations apply,
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Se tion 9.08 be amer,,led to allow for allocation, of parking spaces as
follows? YES NO
Section 9.08. Parking Spaces- The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of ell THE
owners, and no pG44len thW94 MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaef UNIT.
Shall Sec ' n 14.03 be amerded to allow for allocation of parking spaces as
follows? ES —NO
Section 14.03. Enforcement , f Unauthorized Parking. The City Is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from on Owner or from the Association. The
parking areas shall be for the usa and enjoyment of ell THE owners, and no peAtIeW
theFenf MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of any one ewReF UNIT.
Com' �✓�' ry
1
arJ
4114017-7
Sueldo Commerce Park Owners Association Unit(s) G
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for S_ialdo Commorco Park.
All changes are shown with strike through (wetd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the individual units to achieve a more equitable use of the
jointly-owned facilities and to ollow towing of vehicles parked in unauthorized
spaces If necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and in fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Section 9.08 be amended to allow for allocation of parking spaces as
follows?✓YES NO
Section 9.08. Parking Spaces- The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of a#THE
owners, and no peftitiea theFee4 MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewaeF UNIT.
Shall Section 14.03 be amended to allow for allocation of parking spaces as
follows? ✓YES _NO
Section 14.03. Enforcement of Uncuthori7ed Parkins The City Is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project.
when the City receives a con;pialnt from on Owner or from the Association. The
parking areas shall be for the use and enjoyment of ell THE owners, and no pcTmieF; "
*hAren MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of any one eWReF UNIT.
l-
Sueldo Commerce Park Owners Association Unit(s)
Proposed amendments to the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS(CC&R's) for Sueldo Commerce Park.
All changes are shown with strike throuc (wefd) for deletions and CAPS for
added words. The purpose of these changes is to allow the allocation of assigned
parking spaces to the Individual units to achieve a more equitable use of the
jointly-owned facilities and to allow towing of vehicles parked in unauthorized
spaces if necessary. If three spaces are allocated to each unit as proposed, there
will be 31 spaces not allocated and available to anyone on a first-come basis.
These amendments will not require us to enforce the restrictions 24 hours per day,
and in fact we may want to set some business hours when the designations apply.
That decision can be made through the Bylaws or by Board of Directors action and
need not be spelled out in the CC&R's.
If these amendments are approved by a majority of the members as required by
Section 13.04 and the City of San Luis Obispo approves the changes, the secretary
shall deliver copies of the changes to all owners of record and cause the changes.
to be recorded as required in Section 13.04.
NOTE: These proposed amendments shall only be effective if the City of San Luis .
Obispo approves them as required by Section 14.05 of the CC&R's.
Shall Se tion 9.08 be amended to allow for ollocatior I of parking spaces as
follows? YES NO
Section 9.08. Parking Spaces. The Board may establish rules for the use of
parking spaces. The parking areas shall be for the use and enjoyment of a4 THE
owners, and no MORE THAN THREE (3) PARKING SPACES PER UNIT
shall be allotted to the exclusive use and enjoyment of any one ewRef UNIT.
Shall Saption 14.03 be amended to allow for allocation of parking spaces as
follows? YES —NO
Section 14.03. Enforcement of Unauthorized Parking- The City is hereby vested
with the power to tow away vehicles parked in unauthorized areas of the Project
when the City receives a complaint from an Owner or from the Association. The
parking areas shall be for the use and enjoyment of G4 THE owners, and no pqF*
thefeef MORE THAN THREE (3) PARKING SPACES PER UNIT shall be allotted to the
exclusive use and enjoyment of any one ew'ef UNIT.
2 �� � �
SAN LUIS OBISPO CITY PLANNING COMMISSION
RESOLUTION NO. 3050-86
WHEREAS, the Planning Commission of the City of San Luis Obispo
did conduct a public hearing in the City Council Chambers of the San
Luis Obispo City Hall, San Luis Obispo, California on August 27 ,
1986, pursuant to a proceeding instituted under application No. U1279
by Kristi DuVall, applicant.
USE PERMIT REQUESTED:
To allow a weight training, health fitness center.
PROPERTY DESCRIPTION:
On file in the office of Community Development, City Hall.
GENERAL LOCATION:
3563 Sueldo Street
'ENERAL PLAN LAND USE ELEMENT:
Service-Commercial/Ligh Industrial
PRESENT ZONE:
C-S-SP
WHEREAS, said commission as a result of its inspections,
investigations and studies made by itself, and in behalf and of
testimonies offered at said hearing, has established existence of the
following circumstances:
1. The proposed use will not adversely affect the health, safety
and welfare of persons residing or working on the site or in
the vicinity.
2 . The use is appropriate at the proposed location and will be
compatible with surrounding land uses.
3 . The proposed use conforms to the general plan and meets zoning
ordinance requirements.
4 . The proposed use is exempt from environmental review.
Resolution No. 3050-86
Use Permit U1279
Page 2
NOW, THEREFORE, BE IT RESOLVED that application No. U1279 be
approved subject to the following conditions:
1. At least 27 parking spaces shall be provided for this use.
These spaces shall not be counted toward meeting parking
requirements of other uses in the complex.
2 . Occupancy of the "Aerobics" assembly area shall not exceed 50
persons, with signs posted to approval of the Community
Development Director.
The foregoing resolution was adopted by the Planning Commission
of the City of San Luis Obispo, upon the motion of Commr. Gerety,
seconded by Commr. Crotser, and upon the following roll call vote:
AYES: Commrs. Gerety, Crotser, Duerk, Schmidt, Dettmer
NOES: None
ABSENT: Commrs. Kourakis, Reiss
Michael Multari, Secretary
Planning Commission
DATED: August 27, 1986
30
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