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:
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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
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Eommunin Development Director
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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)//�
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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)
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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:
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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
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City Clerk Pam ges
APPROVED:
ZZ
Cit i is tive Officer
t ttrn
Community Deve ment Director