The URL can be used to link to this page

Home My WebLink About04/07/1992, 7 - TRACT 2094 - CONSIDERATION OF THE PLANNING COMMISSION'S RECOMMENDATION TO APPROVE THE TENTATIVE MAP FOR A 21-UNIT RESIDENTIAL PLANNED UNIT DEVELOPMENT CONDOMINIUM SUBDIVISION LOCATED AT THE NORTH CORNER OF BULLOCK LANE AND WILLOW CIRCLE. IIInAII�IIIIII��I�l�l�l city MEETING DATE: II ipu�►I o san ��.6 osIspo COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director O PREPARED BY: Greg Smith, Associate Planner SUBJECT: Tract 2094 - Consideration of the Planning Commission's recommendation to approve the tentative map for a 21-unit residential planned unit development condominium subdivision located at the north corner of Bullock Lane and Willow Circle. CAO RECOMMENDATION: Adopt a resolution approving the tentative map for Tract 2094 subject to findings and conditions recommended by the Planning Commission. DISCUSSION: Situation Council consideration of the tentative tract map is the last step in the discretionary review process for this condominium development. Previous City approvals include: 6/6/89: Approval of PD rezoning by City Council. 12/18/91: Approval of minor amendments to PD final development plan by Planning Commission. 2/3/92: Architectural Review Commission grants final approval to site and building plans. 2/26/92: Approval of tentative map for Tract 2094 recommended by Planning Commission. Data Summary Address: 3450 Bullock Lane Applicant: Petra Enterprises Representative: Tierra Engineering, Reinarch Architects Zoning: R-2-PD General Plan: Low Density Residential Environmental Status: Categorically exempt. Project Action Deadline: May 18, 1992 Site Description The site consists of 11 lots along a cul de sac street. None of the lots has been built upon, Tract 2094 Page 2 but street improvements and tract grading have been completed. Lots 10 and 11 are located along the bank of a small creek which supports significant riparian vegetation. PROJECT DESCRIPTION The approved planned development allows transfer of density from the open space area on Lot 11 to other lots, allowing up to 2.2 units on each lot instead of the 1.65 units which would otherwise be allowed in the R-2 zone. Amendments approved by the Commission in December include the following: - Combination of 11 lots into five lots, corresponding to five development phases. - Inclusion of plans for 21 condominium units. -(The approved final development plan did not include site or building plans.) - Deletion of common driveways shared by the original 11 lots. Each of the five proposed new lots would use one of the existing driveway ramps, and there would be no need for access across lot lines. - Setback reduction for an uncovered parking space and a portion of Unit 10 on Lot 3 (ten-foot setback from Willow Circle where 15-foot setback is shown on the approved final development plan). The proposed units would be in various detached, duplex and triplex arrangements. All of the units would have two bedrooms, with the exception of Unit 2, which would be a studio unit. Other units range from 947 to 1196 square feet. All units-except the studio would have two stories and two parking spaces, at least one of which would be in a garage. EVALUATION: Several issues related to the site planning and building designs were addressed during review by the Planning and Architectural Review Commissions, and those issues are summarized below. The plans submitted for Council consideration comply with recommendations of the commissions. 1. Parking The number of parking spaces provided meets the minimum off-street requirement of the Zoning Regulations, including .2 guest space per unit. The Planning Commission judged that the minimum rate was adequate for this project, due to availability of on-street parking. 2. Perimeter Screening The landscape plan approved by the ARC provides some screening along the northerly boundary, where a nonconforming industrial use and an older mobile home park adjoin the site. The ARC had initially asked for provision of additional screening - including landscaping in an easement on the adjoining commercial site - but concluded that off-site landscaping would be impractical, and on-site landscaping would interfere with usable open space. Tract 2094 Page 3 3. Private Chen Space Areas The plans submitted for Council review apparently meet the minimum open space requirements for R-2 condos (250 square feet of private open space for each unit, with minimum dimension of ten feet). Storage facilities will also be provided, as required by the condo regulations. 4. Creek Open space Easement The original PD approval required dedication of an open space, pedestrian, and drainage easement over the area within 20 feet of the top of the creek bank. An easement which did not include all of the required area was recorded with the previous twelve-lot subdivision, and that mistake will be corrected with the current tract map. The approved site plan conforms to the correct easement. ALTERNATIVES -The Council may deny the tentative tract map, based on findings required by the Map Act. The Council may also modify conditions of approval, or the tentative map may be continued. The Council must act on the tentative map by May 18, 1992. CONCURRENCES Recommendations of City Engineering Division staff are reflected in the conditions of approval in the attached draft resolution for approval. No City department opposes approval of the project. FISCAL IMPACT No significant on City revenues or expenditures are expected to result from approval of this project. RECONEM EENDATION Staff recommends the council adopt the attached draft resolution approving the tentative map for Tract 2094, as recommended by the Planning Commission. Attachments: Draft Resolutions for approval, denial Vicinity Map Tentative Map PC Minutes (2/26/92) gtsd:TR2094CC.wp RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2094 LOCATED AT 3450 BULLOCK LANE 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 2094 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2 . The site is physically suited for the type and density of development allowed in an .R-2-PD zone. 3 . The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4 . The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the previous negative declaration approved for the project (ER 2-89 is adequate. SECTION 2 . Conditions. The approval of the tentative map for Tract 2094 be subject to the following conditions: 1. All requirements of Council Resolution No. 6627 (1989 Series- Tract 1672) and Ordinance No. 1149 (1989 Series - PD 1437A) shall remain in effect. 2 . All lots shall be served by individual sewer, water and utilities. All new utilities within the tract shall be placed underground in easements to the approval of the appropriate utility company and the City Engineer. Water meters shall be clustered in the public sidewalk to the approval of the Public Works Department and the Utilities Department. Resolution No. (1992 Series) Tract 2094 Page 2 3 . Subdivider shall submit a final map to the city review, approval, and recordation. 4. 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 include the following provisions: a. Creation of a homeowner's association to enforce the CC&R's and provide for perpetual maintenance of all common areas including private driveways, sewer mains, drainage, parking lot areas, walls and fences, lighting, recreation facilities, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowner's association fails to perform and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC&R's and final map are being made. C. No parking except in approved designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city-required provisions of the CC&R's without prior City Council approval. i. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within fifteen days of any change in officers of the association. j . Provision of appropriate "no parking" signs and red- curbing along interior driveways as required by the City Fire Department. PI-5 Resolution No. (1992 Series) Tract 2094 Page 3 k. No prohibition on outdoors clothes drying. 5. Sewer and water mains shall be public and to city standards. Easements over the main and access to mains shall be to the approval of the City Engineer. 6. Final map shall note entire common lot area as a blanket utility easement (exclusive of buildings) acceptable to the utility companies and City Engineer. 7. All on-site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 8. Subdivider shall dedicate a corrected easement over the drainage channel and area within 20 feet from the top of bank for access and maintenance to the satisfaction of the City Engineer and Community Development Director. 9. All garages shall be equipped with automatic garage door openers and occupants shall be provided with two remote- control units. 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 , 1992. Mayor ATTEST: City Clerk 7v� Resolution No. (1992 Series) Tract 2094 Page 4 APPROVED: u City Adm' istrative Officer y t e Community Develo me t Director 1- 7 RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE TENTATIVE' MAP FOR TRACT NO. 2094 LOCATED AT 3450 BULLOCK LANE 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 2094 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings (to be included as deemed appropriate by Council) : 1. The design of the tentative map and proposed improvements are not consistent with the general plan. 2. The site is not physically suited for the type and density of development allowed in an R-2-PD zone. 3 . The design of the subdivision and the proposed improvements are likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will conflict with easement for access through (or use of property within) the proposed subdivision. 5. The previous initial study of environmental impact and negative declaration prepared for the project do not adequately address potential impacts of the revised project. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: 7-� Resolution No. (1992 Series) Tract 2094 Page 2 the foregoing resolution was passed and adopted this day of , 1992 . Mayor ATTEST: City Clerk APPROVED: City A inistrative Officer C' to ey Community Devefq&ent Director . f -1-PD • • �,� , lapR— Ad R-2-PD d clos- R-3 y L �✓ `\F� 5 � �ir y ti- i PF R-2� l,` ,7 I s waaSWowr-..Ar R-2 R-2 R-3- PD .� •o.i R- a CO) R-2-S ` C-S \ C-5 R-2 - ��R-� i C-S- R 3 R-2 T-2-POM ` I R-2-PD �� ♦ •• \ L P CroS-40 ,, Site +•`"` �,.�"t C/OS-40- SP �4.••• •� Est. \ tln tn.rtf ;\, R-2-SP R-2-SP \-N-SP �\ R - SP -Z • er ��l 0 r NLu 04 H B Net Ila � � ♦ �sl� E3E_a 3 ,_ � Q t ». � . a- / s 1j i s FF lk 13 RM x - i s : s a 1\ 3 \ 3 Lpp1E s, •�- a I•'I -awl iw,� C"d MOTUM 43 -,j 4 Z 10 CI ) p 4CL At I L k% ly \ y � Jy 3 i 1 n JR.. A 43 I* ii X-9 4E ri-TOT Stl 616Y J va vftmMew 11111 1, fmill j 5 I�Ia !/ ! 49 ! 985 • i81S36i • .�' B �! Ruw U) H � ' lS � �E � p � a 636665 8 L, l` .L \\ O t A� L•L 1� s F � t FF �•1•acx�'r` ai s Y •lam x-13 �- 59 �■ e C- 0 O g O ie LL 73 4 I CL7 N .0-.Z ,0-.r k.E I-.Lf 8,fif _ L a O LL ■ a C- CU O e d G e T 4 N J '7-4 ,F.ES .►-.8 .o-.8 .. _..__. iR • J Q O O ® O Q y O ® ry N 4 C- C- CU La1 d 4 d m Z Q .F.Ei .►-,8 ,F.6 a ,E-.9 .9-.► ,S-.9 .F.OZ n; O-f s ❑ � N a 4 L O m a LL a o �p 9•2 ,o-.r 73 2 N_ Lj n O O N L U' 4 N ,►-,9 .E-.0 .�.-s .3-.E .iL-.L .o-.L ,F.ZE o-,►t ^.-.F. ,F.E 9./ 9-,5 o-.Z _ 4 L LL _ � N CL) O. p d Z JKS .0-.2 Q J d P 7�I� Im .......... _..—__.... 3 � r==== ------=�1 '� II n u a al I r ll II Ir I I I II c� �rrr 7T- ILLIL - o VIIIII � 11 L.----��---_� . c---V—J I � j a 1 11 o jI I ii ..o.,� .0-R ' ? .0 2 Yf o v _ i a �n 0 . �O A 01 aL pp II a II IIInat- p I I � If1 III JI III�� IL-ice== ,� II IIII� / IJI I IL 11 �Ln),/ Oil II -- Trr�- II L ft � � -- CU ILlL==- �� is- -II a II II j . II II II �� O IIZ J Commr . Hoffman agreed that the main problem was Finding 2 . VOTING: AYES - Commrs . Kourakis and Schmidt . NOES - Commrs . Gurnee , Karleskint . Peterson. Williams . and Hoffman. ABSENT - None . The motion did not pass . Commr . Gurnee moved to deny the use permit based on Finding 2 with the addition of the word " traffic" after the word noise , and the deletion of Findings 1 and 3 ; and to deny the variance based on the findings recd-mmended by staff . Commr . Peterson seconded the motion. In answer to a question by Commr . Karleskint , Commr . Gurnee said the distance of the off-site parking from the site did not bother him. Commr . Schmidt expressed concern about the Commission ignoring the city ordinance that says off-site parking cannot be more than 300 feet away . He said staff had determined that the off-site parking would be more than 300 feet away . Commr . Karleskint agreed with Commr . Schmidt . Cindy Clemens said that the Commission may not have reached a consensus about Finding 3 . VOTING: AYES - Commrs . Gurnee . Peterson. Karleskin.t , Williams . Schmidt, and Hoffman_. NOES _ Commr . Kourakis . ABSENT - None . The motion passed . Commr . Kourakis explained that she voted against the motion because it did not contain references to the General Plan , and the neighbors- were being .given the message that their neighborhood was unimportant . The other Commrs. disagreed with Commr . Kourakis . Commr . Schmidt said he was concerned that since by law the Commission is charged with upholding the General Plan, the Commission should take it more seriously. -------------------------------------------------------------------- Item 4 . Tract No . 2094 . Consideration of a tentative map creating a 21-unit residential planned development condominium subdivision; 3450 Bullock Lane ; R-2-PD zone ; Petra Enterprises (Bob Kitamura) , subdivider . (Continued from December 18 , 1991 ) -------------------------------------------------------------------- Commr . Gurnee stepped down due to a conflict of interest . Commr . Hoffman stepped down because he was not present at the meeting 7-18 during which the item was discussed and continued . and he had not had the opportunity to listen to the tapes . Vice Chairman Karleskint chaired the meeting . Greg Smith presented the staff report and explained the item had been continued to allow landscaping and parking issues to be resolved and for the item to be reviewed by the Architectural Review Commission. He said the ARC has granted final. approval and he recommended the Commission approve the tentative tract map subject to 9 conditions . Commr . Schmidt expressed concern that a new illustration showing whe-, entrances are now located was not included in the staff report . Greg Smith said staff felt the new location of entrances to the fronts of units and the issue of parking were adequately handled by the ARC . He said the applicant would illustrate where the entrances are now proposed . 'ice Chairman Karleskint opened the public hearing . Bob Kitamura . applicant , explained the entrances formerly located o-: the sides of units were moved to the fronts of units (He pointed out locations on an overhead illustration) . He said tandem parking was used to meet some of the parking requirements . He felt there was adequate off-site parking on Bullock Lane . He said the ARC preferred additional landscaping over an additional parking space for one of t-1— units . He said trees and other landscaping were added at the rear of the property . In answer to questions by Commr . Schmidt . Mr . Kitamura explained that none of the buildings intruded into the open space easement and he pointed out on the overhead diagram where open space had been added . Roy Hanff . 569 Lawrence Drive , expressed concern that street parkinz was being included in the parking spaces required for a new development . He felt it was unrealistic to count parking on Bullock Lane . Greg Smith said minimum parking for the complex as a whole was met without counting parking on the street . but an individual lot was short one-half space . Vice Chairman Karleskint closed the public hearing . Commr . Schmidt said he had spoken with the applicant ' s wife , Marlene Hubbard , but that their conversation was not germane to the decisions before the Commission. . Commr . Peterson moved to recommend to the City Council approval of Tract 2094 subject to the findings and conditions in the staff report . Commr . Kourakis seconded the motion. Commr . Schmidt said he had expressed his concerns about how the project had changed at the last meeting , but would vote for it now because he did not see another a' ternative . '7-1� Commr . Karleskint asked staff to reword Conditions 4-E and correct the error in 4-k by removing the " s" from outdoors . VOTING: AYES - Commrs . Peterson , Kourakis , Karleskint . Schmidt . and Williams . NOES - None . ABSENT - Commrs . Hoffman and Gurnee . The motion passed . Commr . Gurnee and Chairman Hoffman returned to the meeting . -------------------------------------------------------------------- Item 6 . Aooeal of Director ' s Interpretation. Consideration of an appeal by Aaron Corob of director ' s interpretation on replacement of a non-conforming use at 2000 Broad Street : C- N zone . -------------------------------------------------------------------- Greg Smith presented the staff report and recommended that a non.- conforming use not be allowed to relocate in a new structure b:cause of the intent of zoning regulations . In answer to a question by Commr . Gurnee , Greg Smith explained development applications for an office use at the corner of Chorro an.' Broad were applied for before the C-N zone was amended denying office uses . Cindy Clemens said she agreed with Greg Smith and felt it was important to consider the purpose and intent of ordinances . In researching case law , she quoted from Paramount Rock Company: Any change in the premises which tends to give permanency to or expands a non-conforming use would not be consistent with this purpose . " Chairman Hoffman opened the public hearing . Aaron Corob , 2000 Broad Street , applicant , explained he was not asking for a rezoning . but for a continuation of the current legal non- conforming use . He explained it would not be practical for him to construct a new building if the non-conforming use was not ailowed tc-: continue . He said at a later time , the use could possibly change to conforming use . He said city code does not specify that new construction loses its non-conforming status . He explained he was asking for an interpretation of Section 17 . 10 . 020 E-2 . He explained the non-conforming- use would not increase that use , but merely only it to continue . He said the square footage would remain the same . He said the second floor might be residential use . He said a precedent has already been set because of various non-conforming use offices on Broad Street , and by the allowed new construction of the Ferrini Office Building . Chairman Hoffman closed the public hearing . Commr . Gurnee commented that uses allowed in the C-` zone had changed . In answer to questions by Commr . Gurnpe and Commr . Hoffman about the interpretation of the provisions . Arnold Jonas explained that the � �O r G - AGENDAS DATE �l -:o -- Mn- Wgs oB�s- _1 __ S3 490 Palm Street/Post Office Boz 8100 San Luis Obispo;CA 0463-8100. COPMS TO: 13 DIkrch 92 .%- .- .. -. , . RECEIVED : Corina ' CDD DII;. :' 'CAO ❑ ria t - APR 0 71992 V_+c�o ❑ IIQiTC ❑ FcN D� _ —.— cLtTxlo-^mac. ❑ Pei;cECH - ' CITY COUNCIL PUBLIC HEARING NOT _ICE CITY OF SAN LUIS OBISPOCOMMUNffY 13MGMT.TEA�.4 CJ :cE.C.DR�? COMMUNTfYDEVELOPMENr', TENTATIVE MAP .- 2094.. ❑ iADFLi ❑ t-rrLM1 V FILE Our records indicate that your property is located near the subject property. You are, therefore, being noticed that the San Luis Obispo.City. Council will hold a public hearing to consider a Planning Commission recommendation to approve the tentative map for Tract No. 2094 to create a 21-unit residential, planned development condominium subdivision at 3450 Bullock Lane; R-2-PD zone. The agenda report, including recommendation by staff; will be available for review in the City Clerk's Office (Room #1 of City Hall) the Wednesday before the meeting. The meeting will be held on Tuesday, April 7, 1992, beginning at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo. Other items may be discussed before or.after this item: The public is welcome to attend and comment. Written comments are encouraged. Please know that if you challenge this action in court, you may be limited to raising only those issues you or someone else raised in the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. For more information please contact Greg Smith, Associate Planner in the Community Development Department, at 781-7174. J - - J _ dam Voges ity Clerk i ��{{.. S ORCUTT APN u P'�vr �-- arr couraclL SAN LUIS OBISPO, CA : ®;TR 2094