HomeMy WebLinkAbout12/15/1992, 2 - TRACT MAP NO. 1885 - CONSIDERATION OF A TENTATIVE TRACT MAP CREATING A 16-UNIT AIR SPACE OFFICE CONDOMINIUM AT 1411 MARSH STREET, BETWEEN CALIFORNIA AND PEPPER STREETS, NEXT TO THE RAILROAD TRACKS. I��H��tl���lylllll��,�llul�l f MEETING-11ATE:
l�u�ui► cityo san .is oBIspo
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold B. Jona ommunity Development Director;
By: Pam Ricci, Atsociate Planner PK
SUBJECT:
Tract Map No. 1885 - Consideration of a tentative tract map
creating a 16-unit air space office condominium at 1411 Marsh
Street, between California and Pepper Streets, next to the railroad
tracks.
CAO RECOMMENDATION:
As recommended by the Utilities Department, adopt Draft Resolution
B, approving the tentative tract map without the requested
exception and requiring installation of separately metered water
services to each condominium unit.
DISCUSSION
Situation
The proposed tract map will allow individual ownership of suites
within the existing office complex. The most consequential issue
related to the condominium conversion is the requested exception to
the subdivision regulations to allow the existing master water
meter and service to be retained, rather than installing new
individual services to the units. The staff report to the Planning
Commission is attached which discusses the water service issue.
Previous Review i
On November 18, 1992 , the Planning Commission took an action to
recommend approval of the tentative tract map to the City Council
(reflected in Draft Resolution A) . The Planning Commission felt
that it is not clear that the City's subdivision regulations
require the installation of separate water meters to individual
condominium units, and that the Property Owner's Association
created for the condominium could adequately monitor water use at
the office complex without installation of an alternative remote
metering system as discussed in the attached report. They were not
unduly concerned about the precedent-setting nature of the
exception request because the specific circumstances involved with
this tract map would limit its applicability to other future
condominium conversion requests.
City Staff Position
After reviewing the Planning Commission's recommended action to
grant the applicant's requested exception not to install the
required water meters, the City Utilities Department remains
adamantly against approval of the exception. The Utilities
Department indicates that separate meters for individual units are
a- �
���n��►�►►►�►IIIIIIII�° ��BIU city of san L_ AS OBlspo
COUNCIL AGENDA REPORT
Tract Map No. 1885
Page 2
essential for the City to adequately control and bill for water
use. The Utilities Department further notes that it is extremely
difficult for the City to pursue a property owner's association for
the possible abuse of the system by an individual property owner.
Therefore, the CAO recommendation, in this case, is different from
the Planning Commission's recommended action.
ALTERNATIVES
i
1. Adopt Draft Resolution A approving the tentative tract map
based on findings and subject to conditions, including
approval of an exception to Section 16. 36.250 J.2 . of the
Subdivision Regulations to eliminate the requirement for
individual water service to each of the proposed units (the
Planning Commission's recommended action) .
2 . Continue with direction to the staff and appellant.
Attached: Draft Resolutions j
Planning Commission Follow-up Letter
Planning Commission Minutes of 11-18-92
(forthcoming under separate cover)
11-18-92 Planning Commission report and attachments
Memo from John Moss
I
i
I
i
A= app rave n
exceph&6
Draft Resolution A
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1885
LOCATED AT 1411 MARSH STREET
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 1885 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 the 0 zone.
3. The design of the tentative map 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 easements for access through, or use of
property within, the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision is categorically exempt from
environmental review under Class 1, Existing Facilities,
Section 15301. (0) of the California Environmental Quality Act
Guidelines, and the Council hereby concurs in that
determination.
6. The single-lot air-space condominiums meet the intent of water
service regulations in the Subdivision Ordinance.
SECTION 2 . Exceptions. That the requested exceptions to
Sections 16. 36.250 J. 2 . of the Subdivision Regulations to eliminate
the requirement for individual water service to each of the
proposed units be approved along with Tentative Tract Map No. 1885
based on the following findings:
a-3
Resolution No. (1992 Series)
Tract 1885
Page 2
1. The property to be divided is of such size or shape, or is
affected by such topographic conditions, that is impossible,
impractical or undesirable, in the particular case, to
conform to the strict application of the regulations
codified in this title (Title 16, Subdivisions, of the SLO
Municipal Code) . .
2. The cost to the subdivider of strict or literal compliance
with the regulations is not the sole reason for granting the
modification.
3. The modification will not be detrimental to the public
health, safety and welfare, or be injurious to other
properties in the vicinity.
4. Granting the modification is in accord with the intent and
purposes of these regulations, and is consistent with the
general plan and with all applicable specific plans or
other plans of the city.
SECTION 3 . Conditions. The approval of the tentative map
for Tract 1885 be subject to the following conditions:
1. The applicant shall submit a final map for approval and
recordation.
2 . The final map shall note a blanket easement over the common
lot area, except under the structures, for underground
public utilities serving the site, to the approval of the
City Engineer and affected utility agencies.
3 . The applicant shall establish covenants, conditions, and
restrictions for the regulation of land use control of
nuisances and architectural control of the building and
facilities. These CC&R's shall be approved by the Community
Development Director and administered by a property owners'
association.
4 . There shall be no change in city-regulated provisions of the
CC&R's without prior approval of the Community Development
Director.
5. The applicant shall include the following provisions in the
CC&R's for the tract:
a. The property owners' association shall be created to
enforce the CC&R's and provide for professional,
perpetual maintenance of common areas, including, but
a-�
Resolution No. (1992 Series)
Tract 1885
Page 3
not limited to, the driveway, parking lot, landscaping,
sewer, utilities, and building exteriors.
b. The right shall be granted to the city to maintain
common areas if the property owners' association fails
to do so and to assess said association for expenses
incurred.
C. Each unit shall have a proportionate share of the
parking and there shall also be provisions for common
parking.
d. A system for equitably prorating water costs for
individual condominium units.
6. The applicant shall dedicate an easement over that portion
of San Luis Obispo Creek within the subject property for
maintenance and pedestrian access to the satisfaction of the
Community Development Director and the City Engineer.
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 .
a-S
Resolution No. (1992 Series)
Tract 1885
Page 4
APPROVED:
L..
City dministra ive bfficer
C' to e
Community Deve ilooment Director
a -�
$= denying .
exce dons
P
Draft Resolution B
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1885
LOCATED AT 1411 MARSH STREET
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 1885 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 the 0 zone.
3 . The design of the tentative map 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 easements for access through, or use
of property within, the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision is categorically exempt from
environmental review under Class 1, Existing Facilities,
Section 15301. (o) of the California Environmental Quality
Act Guidelines, and the Council hereby concurs in that
determination.
SECTION 2. Exceptions. That the requested exception to
Sections 16. 36. 250 J. 2 . of the Subdivision Regulations to
eliminate the requirement for individual water service to each of
the proposed units is denied based on the following findings:
1. The property to be divided does not have unusual physical
characteristics which makes it impossible, impractical or
undesirable, in the particular case, to conform to the
a -7
Resolution No. (1992 Series)
Tract 1885
Page 2
strict application of the regulations codified in this title
(Title 16, Subdivisions, of the SLO Municipal Code) .
2 . Granting the modification is not in accord with the intent
and purposes of these regulations.
SECTION 3 . Conditions. The approval of the tentative map
for Tract 1885 be subject to the following conditions:
1. The applicant shall submit a final map for approval and
recordation.
2. The final map shall note a blanket easement over the common
lot area, except under the structures, for underground
public utilities serving the site, to the approval of the
City Engineer and affected utility agencies.
3 . The applicant shall establish covenants, conditions, and
restrictions for the regulation of land use control of
nuisances and architectural control of the building and
facilities. These CC&R's shall be approved by the Community
Development Director and administered by a property owners'
association.
4 . There shall be no change in city-regulated provisions of the
CC&R's without prior approval of the Community Development
Director.
5. The applicant shall include the following provisions in the
CC&R's for the tract:
a. The property owners' association shall be created to
enforce the CC&R's and provide for professional,
perpetual maintenance of common areas, including, but
not limited to, the driveway, parking lot, landscaping,
sewer, utilities, and building exteriors.
b. The right shall be granted to the city to maintain
common areas if the property owners' association fails
to do so and to assess said association for expenses
incurred.
C. Each unit shall have a proportionate share of the
parking and there shall also be provisions for common
parking.
a-�
Resolution No. (1992 Series)
Tract 1885
Page 3
6. The applicant shall dedicate an easement over that portion
of San Luis Obispo Creek within the subject property for
maintenance and pedestrian access to the satisfaction of the
Community Development Director and the City Engineer.
7 . The applicant shall install separate water services to serve
all 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
�r�
Resolution No. (1992 Series)
Tract 1885
Page 4
APPROVED:
City Aq6iniitraelve officer
C' tto ne
Community Dev ment Director
a-io
�IIIIIIIIIIIIIIIIIInll�llllll�ll I���Allii�l��i;i�h;�I!�III
u rill�llll,llii��lll l��il�!�' �,:,I�IIIIcity sAn lollsoaspo
im
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
November 24, 1992
Mr. Jay Farbstein
1411 Marsh Street, Suite 204
San Luis Obispo, CA 93401-2921
SUBJECT: Tract 1885
1411 Marsh Street
Dear Mr. Farbstein:
The Planning Commission, at its meeting of November 18, 1992, approved your tentative
map creating a 16-unit office condominium conversion at the above address. Approval is
based on the findings and exceptions and subject to the conditions listed on the attached
draft resolution.
The action of the Planning Commission is a recommendation to the City Council and,
therefore, is not final. This matter has been tentatively scheduled for a public hearing
before the City Council on December 15, 1992. This date, however, should be verified
with the City Clerk's office.
You should be aware that Municipal Code Section 9100.9 states that any failure to
record a final map within two years from the approval of the tentative map, or any
extension thereof, granted by the City Council, shall terminate all proceedings, and the
tentative map of the subdivision shall be null and void.
If you have any questions, please contact Pamela Ricci at 781-7168.
S'
Arnold B. Jonas, i ector
Community Devel ment
cc: EDA
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT rrEM r ,
BY: Pam Ricci, Associate Planner PR, MEETING DATE: November 18, 1992
FILE NUMBER: Tract No. 1885
PROJECT ADDRESS: 1411 Marsh Street
SUBJECT: Consideration of a tentative tract map creating a 16-unit air-space office
condominium at 1411 Marsh Street, between California and Pepper Streets, next to the
railroad tracks.
SUMMARY RECOMMENDATION
Recommend approval of the tentative map to the City Council.
BACKGROUND
Situation
The applicant wants to subdivide the site into 16 office condominiums and one large lot
to accommodate existing office tenants that have indicated an interest in purchasing their
own spaces. A request has also been made for an exception to the subdivision
regulations to allow the existing master water meter and service for the project to be
retained, rather than installing new individual water services to units.
Previous Review
This request was continued from the December 12, 1990 and January 16, 1991 Planning
Commission meetings without discussion since a complete application had not been
submitted. The tentative map was inactive for many months pending receipt of all the
necessary information regarding easements and utilities for a complete application. City
staff and the applicant have held several meetings to discuss alternative ways of meeting
the City requirement for providing separate water services and meters for individual units.
At the request of the applicant, this item was continued from the September 30, and the
October 14, 1992 Planning Commission meetings.
Data Summary
Address: 1411 Marsh Street
Applicant: Jay Farbstein
Representative: Greg Barker
Zoning: O, Office
General Plan: Office
Environmental Status: Categorically exempt under Class 1, Existing Facilities, Section
15301.(o.) of CEOA Guidelines.
Project Action Deadline: 11-22-92 (Planning Commission); 12-22-92 (City Council)
a-/A
Tract Map No. 1885
Page 2
Site Description
The 0.59-acre site is developed with the office complex consisting of two levels of
buildings over parking. The property backs up to San Luis Creek on its east side and the
Southern Pacific Railroad right-of-way on the south. The surrounding neighborhood
includes a mix of residential and office uses.
EVALUATION
Division of the site into air-space condominiums will affect ownership, but not the
appearance of the site. The maintenance of the buildings, common facilities, parking and
landscaping will be handled through the creation of covenants, conditions, and restrictions
(CC&Rs). The primary issue with this request has been the ability of the applicant to
provide separate water services to proposed condominium units. The only other special
requirement associated with the request is the need to secure a creek easement. These
two issues are discussed in the following paragraphs:
1. Water Services
Section 16.36.250 J.2. of the City's subdivision regulations says that:
"A water system for domestic service and fire protection shall be provided,
including all facilities necessary for the transmission of water to each lot of the
proposed subdivision from the nearest point of adequate supply, satisfactory to the
city engineer."
Given this improvement standard, the City routinely requires separate water services for
each unit. Separate water services were not built into the project and existing
construction with the sub-surface garage does not lend itself to easily being retrofitted.
The biggest obstacle to installing individual services is running lines from the street to the
units. The applicant has discussed with City staff a variety of alternatives, but found them
all to be too costly or cumbersome to implement (see attached letter from applicant dated
4-22-92). Therefore, the applicant has requested that the City consider an exception to
the subdivision regulations to allow the offices to continue to operate under a master
water service and meter.
The applicant in his attached letter dated 6-15-92 indicates that the tenants at the site
could continue to pay a pro-rata share of the monthly water bill based on the amount
of space they occupy in the building or the number of fixtures contained in their spaces.
Monitoring of water use would be handled through the owner's association under
approved provisions contained in the CC&Rs.
�-I3
Tract Map No. 1885
Page 3
As another alternative, the applicant could install meters at the units that would be
monitored by the owner's association. The City would continue to read the master water
meter at the street and issue a single water bill. The owner's association would then
determine the share of the total water bill by reading individual meters. Out of the
alternatives presented, Planning staff would suggest that some type of metering system
at units most closely meets the intent of the subdivision improvement standard.
Staffs position regarding this proposal has been that separate water services and meters
should be provided for each unit. The main concern with granting an exception here is
the precedent-setting nature of the request. One of the purposes of individual water
services is the ability to monitor water consumption and encourage conservation. While
it may not be as critical to have separate water meters in an office condominium because
of generally more limited use of water than in other types of condominium developments,
an exception of this kind has not been requested or granted before.
Exceptions to the subdivision regulations require City Council approval. Chapter 16.48
of the subdivision regulations outlines the process for exception requests and provides
required findings. Findings focus on there being a rational basis for the exception,
beyond cost, and that public health and safety and the intent of the regulations are not
compromised. While not endorsing approval of the exception, Planning staff feels that it
would be possible to support the findings for an exception, especially if the applicant was
willing to pursue some type of individual metering system. Staff has included the
appropriate findings for approving an exception if the Commission feels that water use
can be monitored through the owner's association as described by the applicant.
2. Creek Easement
With approval of the office complex in 1986, an easement over the site's creek area was
not obtained. Therefore, staff has recommended a condition to secure that easement.
The drainage easement would allow for ingress and egress by City crews to conduct
maintenance work and public pedestrian access.
OTHER DEPARTMENT COMMENTS
The Utilities Director indicates that he does not support approval of an exception to the
subdivision regulations to eliminate the requirement for separate water services.
RECOMMENDATION
Recommend approval of the tentative tract map to the City Council, based on the
following findings and subject to the following conditions:
Tract Map No. 1885
Page 4
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 the
O zone.
3. The design of the tentative map 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
easements for access through, or use of property within, the proposed subdivision.
5. The Community Development Director has determined that the proposed
subdivision is exempt from environmental review.
Conditions:
1. The applicant shall submit a final map for approval and recordation.
2. The final map shall note a blanket easement over the common lot area, except
under the structures, for underground public utilities serving the site, to the
approval of the City Engineer and affected utility agencies.
3. The applicant shall establish covenants, conditions, and restrictions for the
regulation of land use control of nuisances and architectural control of the building
and facilities. These CC&R's shall be approved by the Community Development
Director and administered by a property owners' association.
4. There shall be no change in city-regulated provisions of the CC&R's without prior
approval of the Community Development Director.
5. The applicant shall include the following provisions in the CC&R's for the tract:
a. The property owners' association shall be created to enforce the CC&R's
and provide for professional, perpetual maintenance of common areas,
including, but not limited to, the driveway, parking lot, landscaping, sewer,
utilities, and building exteriors.
d—�J
Tract Map No. 1885
Page 5
b. The right shall be granted to the city to maintain common areas if the
property owners' association fails to do so and to assess said association
for expenses incurred.
C. All parking spaces provided on the site shall be available for use by all of
the individual owners.
6. The applicant shall dedicate an easement over that portion of San Luis Obispo
Creek within the subject property for maintenance and pedestrian access to the
satisfaction of the Community Development Director and the City Engineer.
7. The applicant shall install separate water services to serve all units.
If the Commission supports the idea of an exception to installing individual water
services, then Condition 7. would be eliminated, "individual water meters" should
be inserted into the list of items under Condition 5.a., and the following findings
and condition should be added:
Exceptions:
That the requested exceptions to Sections 16.36.250 J.2. of the Subdivision Regulations
be approved along with Tentative Tract Map No. 1885 as follows:
1. The property to be divided is of such size or shape, or is affected by such
topographic conditions, that is impossible, impractical or undesirable, in the
particular case, to conform to the strict application of the regulations codified in this
title (Title 16, Subdivisions, of the SLO Municipal Code).
2. The cost to the subdivider of strict or literal compliance with the regulations is not
the sole reason for granting the modification.
3. The modification will not be detrimental to the public health, safety and welfare, or
be injurious to other properties in the vicinity.
4. Granting the modification is in accord with the intent and purposes of these
regulations, and is consistent with the general plan and with all applicable specific
plans or other plans of the city.
New Condition No. 7:
7. Medical and dental offices at this site are prohibited.
r'(40
Tract Map No: .188$
Page 6
Attadhed'
Vicinity Map
Reduced tract map
Letters from Jay Farbstein dated 4-22-92.& 6-15=92
a47
o "
,.�rl O �•;� t��, bac 1LN,
a J
Pit
I
00
if
LIP
J y
° O ,
r
000
A
a � O
.0n' ° ;✓� ` il °.ems /. ,�C/ .;:;;•
♦� r . r
COIL
c
R-2
O J ar I
°
G O '
\ a O
a O +Q•
QPCG
O
° = ALE: 1'
VICINITY MAP Tract 1685 NORTH
A
a-ig
A ;I
zt
Of
MARSH STREET PAVILIONS
1411 Marsh Street, Suite 204
San Luis Obispo, CA 93401 R E C E L V E'D
APR 2 x: 1992
April 22, 1992
OF SAN LUIS OBISPO
COMMUNITY DEVELOPMENT
Pam Ricci, Associate Planner
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Re: Tentative Map Application for 1411 Marsh Street(Tract No. 1885)
Dear Ms. Ricci:
have received your letter of April 17, 1992, and I am writing to request a meeting so we can progress
with the above referenced project.
My notes from our meeting on 8/12/91 include the following points:
1. Jerry Kenny accepted the idea of providing a manifold that would accept 17 water meters with
lines stubbed to each tenant space so tenants (or owners) could easily add a meter and connect
their fixtures to it in the future If they so desired. Jerry indicated he could not commit his
department to that position and would confirm with his superiors whether or not that would be
acceptable.
2. We agreed to explore the feasibility of adding the plumbing described in item 1.
Hoffman & Associates, a licensed contractor, has provided us with an estimate to perform the scope of
work described by Mr. Kenny. Including a new lateral from the street,which Mr. Kenny indicated would
be needed,the work would cost up to $29,000. A letter from Hoffman & Associates is enclosed for your
reference.
The cost of the proposed improvements makes the conversion unviable from the perspective of the
interested buyers. In light of the proposed cost,the end of water use restrictions,the very low level of
water consumption in the building, and economic conditions,we would like to hold another meeting to
discuss this proposed condition for approval of the tentative map, including myself,Jeanette Duncan of
People's Self Help Housing Corp., and representatives of Community Development and Public Works.
April 28 or 29, or May 6 are potential dates for Jeanette and myself.
As we are waiting for a meeting time to be agreed upon, we will proceed with corrections to the tentative
map sb that our application is complete by May 4, 1992. We are looking forward to working with you to
progress on this project. You may contact me or Greg Barker of my office if your have questions or to
determine a specific date and time. Thank you very much.
Sincerely,
Marsh Street Pavilions
—J7�
Jay Farbstein
c. Jeanette Duncan.
a-ao
Nov.22, 1991
James Hoffman
Hoffman &Assoo.
363 Foothill Blvd.
San Luis Obispo. Ca., 93405
Greg Barker
Farbstein &Assoc. ,
1141 Marsh St.
San Luis Obispo. Ca.. 93401
Re:Proposal for replumbing suites at 1141 Marsh St.with separate water meters.
This estimate is to include all materials &labor to separate all the suites at 1411 Marsh St. onto
individual water meters. Fees for plans and/or permits are not included. This is an estimate
only, an actual bid for construction may vary from this proposal by 10%to 15%.
The base estimate includes: 1)All 1" type "L" ou water pipe. 2) Manifold at sidewalk area to
accept new meters as required at a later date. 3) Individual 'Christy" boxes at sidewalk for ea.
future meter. 4)All core drilling, cone. cutting,trenching &ball, sidewalk replacement to
run new lines Into carport area. 5) Unistrut at garage area, all lines are to run up through FAU
closets into ceiling attic areas of appropriate suites (this assumes all FAU closets on both
floors are stacked on top of each other).
BASE ESTIMATE: $22.000.00
In addition to the base estimate there are two add alternates:
1) Hook up/replumb each suite to the stubbed out 1" line for an individual meter(includes
Jones Valve, but no meter).
ALTERNATE 41: $700-$600.00 EA.
2) Install new water lateral from new manifold to main In street.
ALTERNATE 82: $5000.00-$7000.00
Thank You for this opportunity to be of service. Please feel free to call with any questions.
Sincerely,
V
James Hoffman
File: FAROPPSL.DOC
MARSH STREET PAVILIONS
1411 Marsh Street, Suite 204
San Luis Obispo, CA 93401
June 15, 1992
Pam Ricci, Associate Planner
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Re: Tentative Map Application for 1411 Marsh Street (Tract No. 1885)
Dear Ms. Ricci:
I am writing to inform you of the manner in which we have decided to proceed with the tentative map
application to subdivide 1411 Marsh Street into business condominiums.
Two issues were raised by staff in response to the initial application. The first was the city's request for
an easement to maintain the creek at the back of the property. I have no objection to this, and instructed
that preliminary language requested by Public Works be added to the tentative map. Please let me know
if you have not received the revised tentative map by the time you receive this letter.
The other issue is the requirement for individual metering of water for each subdivided unit. There was
some uncertainty at our meeting of May 6 whether state law decided the issue. My preliminary
investigation and discussion with a knowledgeable attorney suggests that city ordinance and policy are
what must be addressed. My interpretation is that the city has utilized an ordinance explicitly intended for
residential condominium conversions to regulate office conversions. I have decided to proceed with the
application without adding individual meters and present my case through the normal hearing and
approvals process.
While I am not willing to install individual meters, I remain willing to address what I believe to be the city's
primary concerns:
1. Water is available throughout the building. No purchaser will be left without access to water.
2. Water conservation is enhanced by users experiencing the direct impact of water use through
'individual billing. There are administrative and technical means to do this without putting meters
at the street with new supply lines. Tenants are currently billed a prorated share of their water use
based upon percent of the building occupied. In the future,we could institute a system where-by
condominium owners were billed for water use based in part upon the number of fixture units in
the suites. Alternatively, meters could be installed at each suite using water. The owner's
association could monitor the meters and bill for actual water use. This would provide a level of
accountability for water use equal to the provision of meters at the street.
In the meantime, please let me know if anything else is needed to complete my application. If Public
Works is interested in further discussions concerning metering by the owner's association, I am quite
willing. Otherwise, if we are at an impasse, I would like the matter put on the Planning Commission
agenda to be dealt with there.
a-a�
MARSH STREET PAVILIONS
Pam Ricci
June 15, 1992
Page 2
I hope we can find a solution that all parties find agreeable, and I remain willing to work toward that end.
Thank you.
Sincerely,
Marsh Street Pavilions
Jay Farbstein
c. Jeanette Duncan
Of 03
MEMORANDUM
December 7, 1992
TO: Arnold Jonas, Community Development Director
FROM: John Moss, Acting Utilities Director
SUBJECT: Staff Review of City Council Agenda Report, Tract Map No. 1885
Utilities disagrees with the request to exempt them from the requirements of Section
16.36.250J.2. Utilities was not in favor of the exemption when this complex was originally
built under a single owner. Now, as expected, the units are to be sold as condominiums.
(office) and the applicant seeks to avoid individual metering. The one owner/one meter
concept is essential for adequate control/billing, etc. by the City. It is extremely difficult
to pursue an association for the acts of an individual property owner. I feel the CAO
Recommendation for this report should be to recommend resolution B, denying the
request.
\1885
a-a�
MEETING AGENDA COPIESTO:
DATE,1 ITEM _ ❑•DMWUS Acdon ❑ F„
C=X l VCDD DUL
Wr CAO ❑ RN.DM
ACAO ❑ FIRE CI-igF
draft— G�ATrC&NEY ❑ FWDR.
MINUTES - CITY PLANNING COMMISSION SCLERK/Mr, ❑ POLICECK
City of San Luis Obispo, California ❑ MCMT.TEAM ❑ RECDIR
November 18 , 1992 ❑ CREAD FILE ❑ unLDIR.
wry— ( �
PRESENT : Commrs . Brett Cross , Charles Senn, Gilbert Hoffman ,
Fred Peterson, Allen Settle, Dodie Williams , and
Chairman Barry Karleskint .
ABSENT : None .
OTHERS
PRESENT: Arnold Jonas , Community Development Director ; Whitney
McIlvaine, Associate Planner ; Cindy Clemens , Assistant
City Attorney ; and Diane Wright , Recording Secretary.
PUBLIC
COMMENTS : There were no public comrr:en t s .
----------------------------------------------------------------
Item 1 . Tract 1885 : P_ request to create a 15-unit air-space
office condominium conversion ; 1411 Marsh Street ; 0
zone ; Jay Farbstein , subdivider . (Continued from
September 30 and October 14 , 1992 )
----------------------------------------------------------------
Whitney McIlvaine presented the staff report and explained that
the applicant desired to have tenants pay a pro rata share of the
monthly water bill for the entire site based on square footages
and the number of water fixtures in the units through the
Homeowners Association . She explained the appiicant suggested
individual - sub-meters inside . the building could be installed and
monitored by the Homeowners Association . She said staff believes
separate city meters should be provided for each unit . She
recommended the Commission recommend approval of the request with
a condition requiring a creek easement and direction as to
whether or not meters at each unit should be required .
Commr . Hoffman questioned if the quote from the city Subdivision
Regulations included in the staff report required a meter at
individual units .
Whitney McIlvaine said it has been staff ' s interpretation that
separate water service be provided to individual lots for
residential and commercial condominiums .
Arnold Jonas said the reasons for water service to each unit were
to ensure that each individual owner pay for his own water use
and to hold each individual owner liable for water use during
times of a water shortage . In answer to a question by Commr .
Hoffman, Mr . Jonas explained that meters should be easily
accessible from outside the building, and that some of the
secondary meters proposed by the applicant would be located
inside the building . RECEIVED
DEC 1 i 1992
CITY CLERK
SAN LUIS OBISPO,Cil
Commr . Williams said she believed water was master-metered in
mobile home parks .
Commr . Cross said he believed individual meters were not required
in the Laguna Lake Mobile Estates condominium conversion .
Commr . Senn expressed concern that existing city regulations
would require each unit to buy a water meter, water service, and
sewer service if each unit was required to be individually
metered.
Chairman Karleskir.t opened the public hearing.
Jay Farbstein, 375 Los Cerros Drive, applicant , explained that
one of the tenants , People ' s Self Help Housing Corp . , has an
opportunity to purchase its unit . He said he objected to
condition C requiring all parking spaces to be available to all
tenants because parking spaces have been allocated to tenants in
their leases . He requested a condition stating that "Every unit
shall have a proportionate share of the available parking
assigned to it . " He asked that the suggested new condition 7
prohibiting medical and dental offices not be required because
those uses would reed a use permit which could address water
usage . He explained plumbing is stubbed out to each unit , but
several of the units do not have water fixtures . He said there
are four public restrooms , toilets in two units , and sinks in
four units . He said the water usage in the entire .buildirg for
the two billing cycles between December , 1991 and April , 1992 ,
was 41 units of water and the base allocation for the building is
214 units . He felt individual meters should not be required
because the tenants have shown tile" are osnserving :late , and
also because of the equity involved because water is not
available in all of the units .
Commr. Cross asked if the building had water saving fixtures .
Greg Barker , 120 Cerra Remauldo , applicant , explained that in one
unit a low-flow toilet could not be installed because of the
location of plumbing. He said out of 9 toilets , four are low-
flow toilets and there are no showers .
Mr . Farbstein said he would be agreeable to installing low-flow
toilets where possible .
Janet Duncan , Executive Director of People ' s Self Help Housing
-Corp . , 1411 Marsh Street , felt that the City' s ordinance
requiring separate meters was designed for residential use. She
expressed concern about the cost of installing individual meters .
She explained that the building had underground parking and
minimal landscaping.
Whitney McIlvaine said that the quote in the staff report from
the city ' s subdivision regulations should have included the
following sentence: "Water service shall be stubbed to a meter
Vault to the front of each lot . "
In answer to a question by Commr . Karleskint , Whitney McIlvaine
explained that medical and dental uses were suggested as being
excluded by the new condition 7 because generally they are large
water users .
Mr . Farbstein said a medical or dental use would require a use
permit because adequate parking was not available on site. He
said off-site parking could be pursued .
In answer to a question by Commr . Karleskint , Arnold Jonas
explained that all parking spaces have been required to be
available to all users in recent condominium business
conversions . He explained that peak parking occurs at different
times for different units .
Whitney McIlvaine said parking could be addressed in the CC&Rs of
the Homeowners Association .
In answer to a question by Commr . Williams , Mr . Farbstein said
People ' s Self Help Corp. was the only tenant interested in buying
a unit and it was his intention not to market the. other. units at
this time .
Chairman Karleskint closed the public hearing.
Co'-mmr . Settle T;GVeC to recc7z:en4 to the wits iOLi:Cii a _^urOVal Gf
the request for Tract 1085 with 5 findings ; conuitions 1 through
5 as indicated ; with the elimination of the exiting condition 7
and water distribution to be addressed under 5-a with the
addition of the word "water" in that condition to add water
distribution as part of the Homeowners Association ' s
responsibility ; placing condition 5-c under the Homeowners
Association ' s responsibilities , and including the four
exceptions .
Commr . Peterson seconded the motion .
Commr. Settle explained that he did not include the suggested new
condition 7 restricting medical and dental offices because Mr .
Farbstein or any future owner would have to meet use permit
requirements for that type of use, and staff would require
individual metering for those uses .
Commr . Cross asked if the motion maker and second would agree to
requiring the applicant to install water saving fixtures where
feasible.
Commr . Settle agreed to make that part of the motion .
In answer to a question by Commr . Williams , Commr . Settle said he
was proposing to allow the CC&Rs under the Homeowners Association
dictate the parking arrangements now under condition 5-c , but he
would agree to Mr . Farbstein ' s wording allowing every unit to
have a proportionate share of the parking.
Commr . Williams indicated she preferred Mr . Farbstein ' s wording
because present leases addressed parking.
Commr . Settle amended his motion to reword condition 5-c to state
"Every unit shall have a proportionate share of the available
parking assigned to it . "
In answer to a request by Commr . Senn , Commr . Settle restated his
motion.
Commr . Settle moved to recommend the City Council apprDve the
applicant ' s request with the findings , exceptions , and
conditions , with water metering addressed in the current
condition 1 moved to become a part of 5-a ( "The property owners '
association shall be created to enforce the CC&P.' s and provide
for professional , perpetual maintenance of COmmOn areas ,
including , but not liLmited to . the driveway, parking lot ,
landscaoina , sewer . and water utilities and building
exteriors . " ) ; condition 5-c amended to state "Every unit shall
have a proportionate share of parking" ; and not including the
addition of the new condition 7 . because the applicant would have
to meet the requirements for a conditional use permit for medical
or dental uses .
Whitney i1:Iivalt',e Sa1C staff ' s pYc'+i .J'.15 1ni::i:,:3tiO1": was
incorrect . and that medical and dental uses were an allowed use
and would not require a use permit .
Commr . Senn said that medical and dental uses would not be
allowed without a use permit because the parking is inadequate .
He said he could support Commr . Settle ' s motion because the
Southern Pacific Railroad has leased property along the railroad
right of way for off-site parking.
Commr . Settle said that if it was allowed use without a permit ,
parking was not the only consideration . He said water usage was
also a concern .
Whitney McIlvaine said without the inclusion of the new condition
7 , medical and dental uses would be allowed .
Cindy Clemens asked staff if a use permit could be required for
medical and dental uses for the purpose of addressing water usage
in a subdivision .
Commr. Senn asked what difference water usage would make if a
dental or medical office was at this location or down the street .
Arnold Jonas explained water use factors were used to determine
water use per square foot .
Commr . Settle said he preferred not to include the proposed new
condition 7 . In answer to a question by Commr . Cross , Commr.
Settle said the property owners ' association would be . in charge
of regulating the water use for medical or dental tenants and it
would be up to the property owners ' association whether or not to
install meters at the individual units .
Commr . Hoffman felt that the intent of the City' s subdivision
regulations requiring water to be supplied to individual lots was
being met because all the units in an air space condominium are
on a single lot . He suggested a finding should be included
stating that the City ' s requirement for water service was being
met , and no exception needed to be made . He explained a second
story tenant in an airspace condominium did not own a portion of
the lot under his unit .
Commr . Settle agreed to Commr . Hoffman ' s suggestion.
Whitney McIlvaine questioned if Commr . Hoffman ' s interpretation
met the City ' s definition of lot .
The Commission believed that the airspace condominium was on one
lot .
Commr . Settle amended his motion to remove the exceptions , with a
new -additional finding that by virtue of being an airspace
condominium on a single lot , that City service stubbed out to
that lot meets the requirement of the City' s subdivision
regulation referenced in the staff report .
VOTING : AYES - Commrs . Settle , Peterson , Cross , Senn,
Hoffman , Williams , and Karleskint .
NOES - None .
ABSENT - None.
The motion passed .
Commr. Cross suggested that the City re-evaluate how much water
is being allocated to commercial users .
----------------------------------------------------------------
Item 2 . Use Permit U 204-92 : A quest to allow a day care
center ; 399 Foothill Bou evard; C-N-S zone ; Elyse
Hazen, applicant .
T
Whitney McIlvaine explained th the Commission was considering
this request because of the to ' s "S" designation. She said
staff received a request fro a neighbor that the trash bin at
the site be repaired. She a plained that a building permit had
been issued in 1985 for sto age area improvements but was never