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HomeMy WebLinkAbout09/01/1992, C-13 - REZONING APPLICATION PD 1451: REQUEST TO REZONE FOUR PARCELS COMPRISING THE WALTER CENTER LOCATED NEAR THE INTERSECTION OF SOUTH HIGUERA STREET AND PRADO ROAD FROM OFFICE-SPECIAL CONSIDERATION TO OFFICE-PLANNED DEVELOPMENT. QI�IIII��III�IIIIIIIIII�IIIIIIIr MEETING DATE: 'h/ CI`"'JJ Or Sd11 �.,ll S OBISPO 9-i-19.1 COUNCIL AGENDA REPORT ITEM NUMBER: -/ FROM: Arnold Jonas, Community Development Director PREPARED BY: Greg Smith, Associate Planner SUBJECT: Rezoning Application PD 1451: Request to rezone four parcels comprising the Walter Center located near the intersection of South Higuera Street and Prado Road from Office-Special Consideration to Office-Planned Development. CAO RECOMMENDATION: Give final passage to Ordinance No. 1221, approving planned development rezoning application PD 1451. DISCUSSION: The ordinance reflects the change made by the Council at the August 18, 1992 hearing, to allow up to 50% of the existing office space to be occupied by non-governmental tenants. ATTACHMENT: Ordinance 1221 . -/3- ORDINANCE NO. 1221 (1992 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL MAP TO REZONE THE PROPERTY AT 3190-3240 SOUTH HIGUERA STREET FROM O-S TO O-PD AND ALLOWING GOVERNMENT OFFICES AND OTHER LARGE OFFICES (APPLICATION PD- 1541) WHEREAS, the Planning Commission conducted public hearing on application No. PD 1541 on April 29 and July 29, 1992 , and recommended approval of the application; and WHEREAS, the City Council conducted a public hearing on August 18, 1992, and has considered the testimony and statements of the applicant, and other interested parties, and the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Rezoning The council approves application No. PD 1488, thereby amending the Official Zoning Map designation the site from Office - Special Considerations to Office Planned Development, based on the following findings and conditions: SECTION 2. Findings 1. The proposed rezoning complies with General Plan Public Facility Land Use policies due to its continued emphasis and priority relating to the location of governmental social services offices near the intersection of Prado Road and South Higuera Street. 2. The proposed rezoning complies with General Plan Professional Office Land Use policies because: A. The subject professional offices would be located in close proximity to governmental offices in a "specialized center. " B. The subject professional offices would be accessed from commercial arterial and collector streets, avoiding impacts on. residential circulation. 0_1221 Ordinance No. 1221 (1992 Series) PD 1541 Page 2 3 . The proposed rezoning recognizes the need of some larger professional office uses to locate outside the Central Business District and adjacent office districts • due to the unavailability of approximately sized office facilities. 4 . The proposed rezoning will not be detrimental to the public health, safety and welfare. 5. The proposed rezoning will increase consistency and equity in the application of General Plan policies to a variety of private office developments. 6. The proposed planned development provides facilities suited to a particular occupancy group which would not be feasible under conventional zoning, specifically government office tenants and large office tenants who cannot be accommodated within other office and commercial zones within the city. 7. A negative declaration is hereby approved for the project. SECTION 3 . Conditions 1. Except as otherwise noted in these conditions of approval, all zoning regulations for the Office zone shall apply. 2. Preference shall be given to governmental social service office uses; owners shall seek tenants for available lease spaces among local, state, and federal social service agencies prior to seeking tenants among alternate office uses. 3 . Tenants other than governmental social service agencies, quasi-governmental social services businesses, and private non-profit social services providers shall not occupy more than 50% of the gross lease spaces on the subject parcels. 4. Tenants other than those listed in No. 2 above shall not occupy less than 2,500 gross square feet of adjacent, interconnected floor area per tenant. 5. The following office-related uses shall be prohibited: banks, real estate offices, financial institutions, medical clinics, doctors offices, and lawyers offices. 6. Applicant shall dedicate a creek maintenance and pedestrian access easement over that portion of the site within the San Luis Creek Channel, and including a 20-foot buffer strip at the top of bank on both sides of the creek. (Extension of requirement from previous Use Permit U1401. ) Ordinance No. 1221 (1992 Series) PD 1541 Page 3 7. Uses allowed and prohibited within this O-PD zone shall be as provided in Exhibit A, attached. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the names of council members voting for and against, shall be published at least (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member .of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 18th day of August , 1992, on motion of Vice-Mayor Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pinard, and Mayor Dunin NOES: Councilman Roalman ABSENT: None Mayor Ron Dunin ATTEST: City Jerk Pam ges Ordinance No. 1221 (1992 Series) PD 1541 Page 4 APPROVED: City dministrative Officer YAM t tt gL, ne T! Eommunin Development Director �,3-s EXHIBIT A - PD 1541 ALLOWED/PROHIBITED USES - WALTER CENTER Uses allowed and prohibited within this O-PD zone shall be as provided in the following list. Symbols following each listed use shall have the following meaning: A - Type of use allowed without use permit approval. D - Type of use allowed if an administrative use permit is approved. PC- Type of use allowed if a use permit is approved by the Planning Commission. NO- Type of use which is not allowed. ' - Type of use which ig_= subject to floor area requirements in Section 4 above. "- Type of use for which only incidental and non-customer serving functions shall be allowed. Advertising and related services A Ambulance services NO Banks and savings and loans NO Banks and savings and loans A** (administrative and loan offices only) Broadcast studios NO Caretaker's quarters NO Cemeteries, mausoleums, columbariums. NO Christmas tree sales (see Section NO 17.08.010D) Churches, synagogues, temples, etc. NO Circus, carnival, fair, festival, parades NO (see Section 17.08.010E) Computer services A Convalescent hospitals NO Credit reporting and collection A Credit unions and finance companies A** Delivery and private postal services D Detective and security services A PD 1541 - EXHIBIT A Dwellings NO a Employment agencies A• Government agency offices and meeting A; rooms Homeless shelters (see Section PC 17.08.110) Hospitals NO Insurance service - local A Insurance services - regional office A Laboratories (medical, analytical) NO Mortuaries NO Offices (contractors) - all types of A general and special building contractor's offices Offices (engineering) engineers and A industrial design Offices (professional) Professional A offices consistent with the Land Use Element are allowed. Attorneys, realtors, doctors and medical clinics are prohibited. Organizations (professional, religious, A political, labor, fraternal, trade, youth, etc.), offices and meeting rooms Photocopy services; quick printers A Residential care facilities - 6 or fewer NO residents Residential care facilities - more than 6 NO residents Schools -Nursery schools, child day care A -Business trade, recreational, or other D specialized schools x/3-7 PD 1541 - EXHIBIT A Secretarial and related services (court A reporting, stenography, typing, telephone answering, etc.) Social services and charitable agencies A• Telegram office A Ticket/travel agencies A Utility companies -Corporation yards NO -Customer account services (bill A paying and inquiries) -Distribution and transmission NO facilities - see Section 17.08.050 -Engineering and administrative A offices -Payment drop points A Veterinarians NO �una► ���I����I�un ����� City Of San .1S OBISPO MEETING September 1, 199 Emma COUNCIL AGENDA REPORT ITEM NUMBEfI/, FROM: Wayne A. Peterson, Interim Public Works Director Prepared by: Gerald W. Kenny, Supervising Civil Engineer/)f— SUBJECT: ngineer f)//� — SUBJECT: /G Final Map Approval for Tract No. 2073 , a 9-Unit residential airspace condominium conversion at 3150 Rockview place (Leon Maksoudian, et al, Subdivider) RECOMMENDATION: Adopt resolution approving the final map for Tract No. 2073. BACKGROUND: This subdivision consists of the conversion of 9 existing apartment units into airspace condominium units. The subdivider has complied with all conditions of the tentative map as contained in Resolution No. 7036 (1991 Series) . The final map has been checked and found to be in substantial conformance with the tentative map. Fees were previously paid with the development of the units except for map checking fees, which were recently paid. All units have separate utility services, except for common sewer services, in accordance with the tentative map conditions. Therefore, a subdivision agreement is not necessary. An onsite public drainage easement and access rights to the drainage channel and the public sewer traversing the site have been dedicated on the map. CC & R's have been approved which include provisions for maintaining onsite common utilities and other prescribed map conditions. The CC & R's are to be recorded with the final map. All necessary tenant "noticing requirements" for condominium conversions have been completed, in accordance with the Subdivision Map Act. ALTERNATIVES: Option 1: Adopt resolution approving the final map for Tract No. 2073 . STAFF RECOMMENDED ACTION Option 2: Deny approval of the final map if the Council finds that any conditions have not been satisfactorily met. Final Map Approval - Tract No. 2073 Meeting of September 1, 1992 Page two CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: Delay in filing the final map and allowing the sale of the units. CONCURRENCES: The Community Development Director and City Attorney concur with the recommended action. RECOMMENDATION: Adopt resolution approving the final map for Tract 2073 . Attachments: 1 - Draft resolution 2 - Maps 3 - Checklist 4 - Resolution No. 7036 (1991 Series) P: \jerry\T2073FM.wp RESOLUTION NO. (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2073 (L. Maksoudian, et al, Subdivider) WHEREAS, the City Council made certain findings concerning Tract 2073 as contained in Resolution No. 7036 (1991 Series) , and WHEREAS, all conditions . required per Resolution No. 7036 (1991 Series) for Tract No. 2073 have been met. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 2073 . 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 Ron Dunin ATTEST: _ CITY CLERK Pam Voges Resolution No. (1992 Series) Page Two APPROVED: Ci i istra"tive Officer 1 Community Develop ent Director City Eptineer APPROVED AS TO FORM: At r Ty P: \jerry\T2073FM.wp • J ✓ O r rte.• �. • O 4 •� . r: a~ Y .~ _ 6-44 M � �,.y ..,.,, moi.•` r Vaal a O • .7�i+•yS4� 1. L° 7, i r° f'� `� i e % u.:b ® !.. •�.� o J yfo O L e, g�lrtfrf�� PIP • / , ♦ a~,+ O Ora P47'•' �. It 16 IA / G ♦ S • O Gi ••.• S O R-2-S ti O0 to v ' O r o b 3 p O _ j l��Et1 ��, 1L IL y \\[[ ?a : y 4�c F Y E �\ ' e - �;.qu u • I C' U IL Y CO) • o a .iv u.l ti U en°n0 EZ U = U `O noaor t. i � I Q CL-S CL v f . ��•...V o�u° 48ZZ •}!� J A O O�j pU 2 FER� se� 8 w — it 0 t <= o s� o, Z i R-� �g. S: Cee 3i8 U .as Ii.Y o :.E• 0 Sk tB�':x8. it y a5R � L l 44 C �� 9 �\ P,ti � n^ �- RR c,�, R S k a � a a • a I a � 4R� Sl ami Iaaas �S' t �a. ° Iii R ��d.-ONC�I%�.b`_ V• I I .. v l 10 1 Nld 4Ai1 �.. ►i lg a / 'S I€ �• e Et 10"i 'N1d '° ra lal u eov—ao—vz-a a, ISI r \� sJrR)RJr 61 �p I JA(fa JIJrI / 1 — z t o • I� IL I R �3 Ndl �Aa N3 � MSR E4t city of San LUIS OBISpo ' - FINAL MAP APPROVAL CHECKLIST Y PROJECT NAME 3150 Rockview — Maksoudian DESCRIPTION Residential Condo Conversion — 9 Units Airspace MAP NUMBER Tract 2073 SPECIFIC PLAN REZONING GEN.PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVEMENT CONDITIONS p DESCRIPTION I INITIAL 11 DATE COMMENTS 1 GRADING Including planting &retaining walls ( L. ///c. f 2 STORM DRAINS & DRAINAGE STRUCTURES 3 SEWERS &SERVICES � 4 WATERLINES &SERVICES _ 5 FIRE HYDRANTS r f 6 CONCRETE A/c f is S vcc o Curbs and Gutters — Sidewalks Driveways 7 STREETS& PAVING a Pavement Signing,striping and curb painting 31�C�. acs 8 NON-CITY UTILITIES P.G.&E. — Electrical — Street Lights Cable TV Telephone Co. Gas Company 9 FEES RECEIVED(Water, Sewer). 10 PUBLIC IMPROVEMENTS payments received 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION 13 STREET TREES 14 OFFSITE WORK 6 y ' 15 BOND/GUARANTEE deposited �• a� N 16 PARK dedication or In-lieu fees 17 De osit Account'Status OTHER CONDITIONS 18 Board of Adjustments 19 Planning Commission 1� 20 Architectural Review Commission 21 City Council Abandonments Other ATTACH LIST OF CONDITIONS & SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT APV [/ fzai PUBLIC SERVICES APPROVAL ' ? RESOLUTION NO. 7036 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2073 LOCATED AT 3150 ROCKVIEW PLACE 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 2073 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 R-2 zone. 3. The design of the subdivision is 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 will not conflict with easements for access through (or usage of property within) the proposed subdivision. 5. The Council has determined that the proposed subdivision will not have a significant effect on the environment, and approves the negative declaration filed by the Community Development Director. 6. - The proposed subdivision will comply with the requirements of City of San Luis Obispo Council Resolution 6965 (1991 — Series) , which authorizes this residential condominium conversion, pursuant to Chapter 17.82 of the Municipal Code. SECTION 2. Conditions. The approval of the tentative map for Tract 2073 shall 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 and other utilities for each unit. Water meters shall be clustered in the public sidewalk, to the approval of the City Engineer. R-7036 ��� Resolution No. 7036 (1991 Series) Tract 2073 Page 2 3. 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 affectedutility companies. 4. Subdivider shall dedicate to the City a drainage easement over the existing channel located between Buildings 2 and 3, to the approval of the City Engineer. Subdivider shall also dedicate to the City an access easement to the channel and to the sewer main located east of the channel, to the approval of the City Engineer. 5. Subdivider shall prepare conditions, covenants, 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: a. Creation of a homeowners ' association to enforce the CC&R's and provide for professional, perpetual maintenance of all common area including private driveways, drainage, parking lot areas, walls and fences, lighting, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowners' 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 meta 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. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in city-required provisions of the CC&R' s without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the Resolution No. 7036 (1991 Series) Tract 2073 Page 3 homeowners ' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. j . CC&R' s shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. 6. Subdivider shall install a unit identification plan with directory at the project' s entrance, to the approval of the Community Development Director. 7. Subdivider shall provide one additional parking space or bike racks which .meet city Parking and Driveway Standards, prior to final map approval, . to the approval of the Community Development Director. 8. Subdivider shall refurbish and repair fire safety equipment prior to final map approval, to the approval of the Fire Marshal. Subdivider shall install fire sprinklers in building 3 . Subdivider shall either install fire sprinklers in building 2 , or improve the existing driveway to building 2 to meet city fire access standards. 9. Subdivider shall refurbish and repair the structures and building service equipment (piping, wiring, heaters, etc. ) , as recommended in the property condition report, to the approval of the Chief Building official prior to final map approval. '10. Subdivider shall enhance the riparian swale southerly of the driveway with landscaping, and renovate existing landscape areas and irrigation systems, consistent with city guidelines for water conserving landscaping, to the approval of the Community Development Director. 11. Subdivider shall retrofit all units in accordance with the city's retrofit program with low-flow plumbing fixtures to the satisfaction of the Community Development Director, prior to final map approval. On motion of Councilwoman Rappa seconded by Councilman Reiss , and on the ' following roll call vote: Resolution No. 7036 (1991 Series) Tract 2073 Page 4 AYES: Councilmembers Rappa, Reiss, Pinard, Roalman, Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and. adopted this 1st day of October 1991 . or unin ATT E�L City Clerk Pam ges APPROVED: ZZ Cit i is tive Officer t ttrn Community Deve ment Director