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HomeMy WebLinkAbout12/15/1992, C-5 - CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 1827 (FAIRVIEW STATION), AN 18-UNIT RESIDENTIAL CONDOMINIUM PROJECT PROPOSED ON THE SOUTHWESTERN CORNER OF FLORENCE AVENUE AND BUSHNELL STREETS �II�Iy�I�I�IIIIIIII�II�llll r MEETING GATE: B I��iI cityo sap �.AIsoBIspo �a - ►s-9z COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director e By: Pam Ricci, Associate Planner PR SUBJECT: Consideration of a one-year time extension for filing the final map for Vesting Tract Map No. 1827 (Fairview Station) , an 18-unit residential condominium project proposed on the southwestern corner of Florence Avenue and Bushnell Streets (2175 Florence Avenue) . CAO RECOMMENDATION: Adopt attached Resolution "A" approving the requested one year time extension for filing the final map for Vesting Tract Map No. 1827, subject to all the findings and conditions of tentative map approval. DISCUSSION Situation The tentative map was approved on November 2,1, 1989. Tentative map approval is good for two years. A final map must be filed before the expiration date or the tentative map approval becomes null and void, unless an extension of time is requested and granted. A one- year time extension was previously granted on November 19, 1991. The city may grant time extensions for filing final maps totalling no more than two years. This is the second, and therefore, last available time extension. With approval of the requested time extension, the map will remain valid until November 21, 1993 . Data Summary Address: 2175 Florence Avenue Subdivider: The Petra Group, Inc. Representative: Bob Kitamura Zoning: R-2-S General Plan: Medium Density Residential Environmental Status: A Negative Declaration of environmental impact with mitigation was granted by the Director on April 5, 1989, and ratified by the City Council on November 21, 1989 . Site Description The site is. adjacent to the Southern Pacific Railroad right-of-way. Site topography is not uniform, but the majority of it is fairly flat (average cross slope does not exceed 10%) . Neighborhood land uses include the single family houses and condominiums. �����►�ai��illllll�p° ��U►11 city of San tins OBIspo rac O NCIL AGENDA REPORT Page 2 Project Description The applicant is proposing to construct a 18-unit residential condominium project on the currently vacant site bordered by Florence and Bushnell Streets. The project has been designed with a central open space area surrounded by buildings and parking and driveway areas on the west (railroad) and south (Bishop Street) sides of the site. Conclusion It has been the city's policy to support time extensions if the subdivider has made reasonable progress toward installing subdivision improvements and if there are extenuating circumstances that have delayed the filing of the final map. Off-site improvements, utility work and rough grading for the project have been completed. In his request for a tract map time extension, the subdivider notes that negotiations with Southern Pacific .Railroad over soil clean-up and financing problems have delayed filing of the final map. Staff feels that the subdivider has made progress toward satisfying map conditions and has legitimate reasons for project delays. ALTERNATIVES 1. Deny the requested one-year time extension. If the council denies the time extension, the tentative tract map becomes null and void. The project then could not be developed as a condominium project with the sale of individual units. However, the site could be developed as an apartment project. i NOTE: The City Council may approve or deny the request for an extension of time. However, the City Council may not change, delete or add conditions of approval (E1 Patio v. Permanent Rent Control Board of the City of Santa Monica, Court of Appeals, 2nd District Division 1, October 6, 1980) . 2. Continue consideration of the request with direction on information needed to render a decision. Attached: Resolution "A" approving time extension Resolution "B" denying time extension Vicinity map Reduced size copy of Vesting Tentative Tract Map No. 1827 City Council Resolution No. 6723 (1989 Series) Time extension request dated 11-6-92 C "S- r: Resolution "A" RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE TRACT MAP NO. 1827 LOCATED AT THE SOUTHWESTERN CORNER OF FLORENCE AVENUE AND BUSHNELL STREETS (2175 FLORENCE AVENUE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivider's request, staff recommendations and reports thereon, found that the one-year time extension is justified. SECTION 2 . Action. That Vesting Tentative Tract Map No. 1827 is granted a one-year time extension to November 21, 1993, subject to the original findings and conditions, as specified in City Council Resolution No. 6723 . On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: V_�r� Resolution No. Page 2 the foregoing resolution was passed and adopted this day of , 1992 . Mayor ATTEST: City Clerk APPROVED: �--4/0 Jr City Administrative Officer t At t or y 1 Community Development Director C -5-� C1 Resolution "B" RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE TRACT MAP NO. 1827 LOCATED AT THE SOUTHWESTERN CORNER OF FLORENCE AVENUE AND BUSHNELL STREETS (2175 FLORENCE AVENUE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivider's request, staff recommendations and reports thereon, found that the one-year time extension is not justified because: 1. The subdivider has not made reasonable progress toward installing subdivision improvements; and 2 . There are not extenuating circumstances that justify project delays. SECTION 2 . Action. That a one-year time extension for Vesting Tentative Tract Map No. 1827 is denied. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. Page 2 the foregoing resolution was passed and adopted this day of , 1992. Mayor ATTEST: City Clerk APPROVED: CrtrwirristrItive qTfider C' y to ey 1 Community Devel p ent Director VICINITY MAP U 1431 .71% r— J : TW 1 I SLI .LI .� .- -f1 ... ...• •P M.•�\\ Yi w -w/_.0/�.1. .��-� -�•_•� RACHEL COURT • � J _`!'{f/p \'�\ Cele �•`\/�\ R-�2 S o h iR-1�5`\ F R LENCE r , ..... • o ! N �� MR-1-PD 1 \gam •� �`�`f S �� � _..,. �_ a ..•• �R�� PC —ilY (SHOP—�•T•RE��,,,; , •:._ .. �,_.,.. ....... TH ^�•�w••«...�w•�•.�.•�.�.�e L.due{eu.iYw ggeM�4e•iioi��uu .i \ - e,.,• SAN CARLOS OR1VE - ————— —— .o./__ron i07f ta•-7 ,osT 107T /0+7 i ,S_ S R� -S , ' M r: 'm 1 y �J . g ' % - 40;< ; � � zc)v /,� O�• `�,1` 01 +f! \ Y X ; C �4 i�eV d ay. IN : " �� 1-4 a �� � �c 'i ! •�^ �-, . ' . It NA }iSWL \i ���3 � � ♦p��. � W iti a / c 7L� es T \ A �370t5i18_T s—i or �J y 7 11 17 Y v '•,, 1` J d� � C I . � • > � t ��•� • -pts 004 If ml 1 / ' . 0� L IT It �,n im _ CL a i � a I I ' `. / - :74 ..AY.siil>a.. •—• 'Anna oan.a am x.i , . • • ., .• - - T7xxiM 6x1 Dz7.ON za,A.,V ��� _ I - - .ice �<•V � 1 ( � , � - 11Y71%ft YY r. 1..1 •.4' , � � S . i! . •� !ifl •!^- sIr � I It ij •=•f •j'' • t� t• ri �t �� • 1 • I `'!!r1} • t •t i �1' �tEt� Jill HIMStec e'-. t T �--arms Aoxar _Z MAI F9 31 t ':I i =�. - :�, 1 171 e■ I. a L, 00 { �•—t7au 77ATa70L d ; i . ;• 1jI4 RESOLUTION NO.6723 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE MAP FOR TRACT 1827 LOCATED AT 980 FLORENCE AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. Findines. That this council, after consideration of the vesting tentative map of Tract 1827 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 3. The site is physically suited for the type and density of development allowed in an R-2-S zone. :. 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 proposed project has been granted a negative declaration of environmental impact based on the following mitigation measures being incorporated into the project: a. The applicant shall provide for the future alignment of Bishop Street by the dedication of additional right-of-way south of the existing dedication with the proposed abandonment. b. The applicant shall dedicate a portion of the southeast corner of the property to allow for the development of an offset cut-de-sac for Bushnell Street if the Bishop Street ovcrpass is constructed. The cul-de-sac would be necessary to terminate Bushnell if the ovcrpass is constructed because of the grade differential between the grades of Bushnell and the ovcrpass. All buildings and improvements need to be appropriately set back from the cul-de-sac right-of-w•ay. C. The applicant shall install one on-site fire hydrant adjacent to the driveway in the southwest corner of the project to the approval of the Fire Department. d. The applicant shall incorporate building techniques such as use of windows with double glazing in appropriate locations to provide interior noise levels that conform with the 45 decibel interior standard in those units contained in buildings located along the westerly side of the site. C. A hazardous materials abatement plan shall be submitted to the Community Development Department and Hazardous Matcrials Inspector which includes: Resolution No. 6723 (1989 Series) Tract 1827 Page 2 (1) A preliminary soils report including map and site history indicating the extent and location of contamination. (2) If soil contamination is found, the plan shall demonstrate how the site will be restored- (3) A building permit shall not be issued for the project until the site satisfies the requirements of the Community Development Director and Hazardous Materials Inspector with respect to the removal of hazardous materials and restoration of the site. SECTION 2. Conditions. The approval of the vesting tentative map for Tract 1827 shall be subject to the following conditions: 1. All lots shall be served by individual sewer, water and utilities. All new utilities within the tract shall be placed underground in casements 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. 2. Final map shall show a 6-Coot public utilities easement and 10-foot wide street tree casement along the project's public street frontages. 3. Final map shall note entire common lot area as a blanket utility casement (exclusive of buildings) acceptable to the utility companies and City Engineer. 4. All on-site driveways, nonstructural parking improvements, and utilities shall be installed as subdivision improvements. 5. On-site sewer and water lines shall be private and maintained by the homcow•ncr's association. 6. All grading shall comply with the recommendations contained in the soils report prepared for the property. 7. Subdivider shall install an on-site hydrant to the approval of the Cita Fire Department. S. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final ntap 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 arca including private driveways, water and sewer mains, drainage, parking lot areas, walls and fences. lighting, and landscaping in a first class condition. C-511 Resolution No6723 (1989 Series) Tract 1827 Page 3 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 met. 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. C. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats. campers, motorhomcs, 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 15 days of any change in officers of the association. j. Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. 9. All units shall be numbered in accordance with an addressing plan appro%•cd by the Community Development Department. 10. Subdivider shall install a unit identification plan with directory at each of the project entrances to the approval of the Community Development Department. 11. Subdivider shall install street lighting as determined by the City Engineer per City and P.G. & E. standards. 13. Project construction actirity, including grading operations, shall be li.n.:itcd to the weekday hours from 8:00 a.m. to 5:00 p.m. and construction vchicics shall use Bishop Street via Johnson Avenuc to access the project site. 13. The applicant shall submit a dust management plan to limit dust generation from construction activities on the site and from construction vehicles transporting soil to and from the site to the approval of the Community Development Director and the Chief Building Official. 14. The applicant shall install signage on Rachel and Bishop Streets to keep construction vehicles from using Rachel Street. Wording and precise locations of the signs shall be to the approval of the City Engineer and the Community Development Director. C-5 -ia 1 1 Resolution No. 6723 (1989 Series) Tract 1827 Page 4 SECTION 3. Code Requirements. The approval of the vesting tentative map for Tract 1827 shall be subject to the following code requirements: I. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. 3. Subdivider shall pay water and sewer charges and park in-lieu fees as calculated by the City Engineer prior to final map approval. Sewcr and water connections to the Bushnell Street sewer and water mains may require reimbursement for said mains to be paid prior to recordation of the final map. 4. Subdivider shall install one street tree per 35 feet of property frontage to city standards to the approval of the Public Works Department. 5. The subdivider shall install curb, gutter and sidewalk, and street paveout along all frontages. On motion of Councilwoman Rappa seconded by Councilman Settle_, and on the following roll call vote: AYES: Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: "one ABSENT: \one the foregoing resolution w•as passed and adopted this 21st day of November 1989. nor Ron Dunin ATTEST: . City Clqrk Pam Doges, Resolution No. 6723 (1989 Series) Tract 1827 Page 5 APPROVED: City A inistrative Officer it tto c Community Development Director A Real Estate Development Company T H E P.O. Box=602,San Luis Obispo CA 9_+0_ P E T R A (8 0 5) 5 4 2-0 4 9 4 FAX (805)541-0596 GROUP, I N C. RECEIVED November 6, 1992 NOV 0 6 1492 Crrr of s+w wis oajsao rn%%&WTr DEVFi.,o-AEN— Pam Rica ' City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Vesting Tentative Map No. 1827 - Fairview Station Dear Pam, We are requesting a one-year time extension for Fairview Station, Vesting Tentative Map No. 1827. The current approval on the map is good until November 21, 1992. The need for requesting an extension is due to the problems with Southern Pacific on the clean up of the soils as well as problems in obtaing financing for the project. Also, as you know this is not the most opportune time to build a condominium complex anyway. We are trusting that this next year may be a better time for both sales and obtaining financing. Pam, if you require further information please feel free to call me at 543-1794. Thank you for your help in this matter. Si cerel , Bob Kitamura 11/20/92 12:09PK 101#6714 A07 FLAN APDL FEES1256.50 cc: Fist Bank of San Luis Obispo Bronson, Bronson& McKinnon RECYCLED