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Home My WebLink About07/06/1993, C-9 - TRACT 1848 - CONSIDERATION OF A REQUEST FOR A ONE-YEAR EXTENSION OF THE TIME TO FILE THE FINAL MAP FOR A SUBDIVISION CREATING A 32-UNIT AIRSPACE CONDOMINIUM ON THE WEST SIDE OF MCMILLAN AVENUE, NORTH OF ORCUTT ROAD. EETING IIIN�I IIVIIIIIIIII�iI�pl r M7--&DATE: ip�u►I c� o san tuts oBIspo - COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director PREPARED: Greg Smith, Associate Planner•.Tom_, I SUBJECT: Tract 1848 - Consideration of a request for a one- year extension of the time to file the final map for a subdivision creating a 32-unit airspace condominium on the west side of McMillan Avenue, north of Orcutt Road. CAO RECOMMENDATION: Adopt a resolution granting a one-year extension of the time allowed to file the final map for Tract 1848 . DISCUSSION: Background On January 16, 1990, the Council approved the tentative map for this airspace condominium project (Resolution 6750, enclosed) . The subdivider was granted a one year extension of time to file the Final Map by the Council on February 18, 1992 . As noted in the attached letter from the subdivider, the final map process has not been completed and an additional one-year extension is being requested. Data Summary Address: 2925 and 2995 McMillan Avenue Owners/Subdividers: Roger Brown, Jack Foster Representative: Mike Hernandez Zoning: M-PD General Plan: Service Commercial/Light Industrial Environmental Status: Negative declaration for project previously approved. Project Action Deadline: None Site Description The site is a 316 foot by 305 foot site developed with four commercial/office/industrial buildings, and slopes slightly towards McMillan Avenue. The site is bisected by an underground drainage culvert. Several mature trees are located near the rear of the property; there is no other significant vegetation. 110 parking spaces are located on the site, and 86 additional spaces are proposed for a commonly-owned parcel at 3085 McMillan Avenue, 80 feet south of the site. The 196 spaces available equal one space per 300 square feet of gross building area. C�9-/ �� ►�Illllf�lp��ui��lll MY Of San WIS OBIspO Nii% COUNCIL AGENDA REPORT EVALUATION The Council may approve up to three one-year time extensions, and such extensions are approved routinely for most commercial condominium projects. The Council may change conditions of approval in any action to approve a time extension. Staff is not aware of any significant changes to circumstances affecting the project which would warrant modifications to the previous conditions of approval. The types of uses allowed will not be affected by condominium ownership, and conditions of approval for the PD rezoning and the original tract conditions address parking requirements and traffic signal installation fees. Other types of fees will not be affected by Council action on the map extension. CONCURRENCES Concerns of other departments were addressed during review of the tentative map and PD rezoning. The Engineering Division notes that a separate easement will be required for an existing public water main and hydrant on the site, unless the final map is recorded in the. near future. FISCAL IMPACT The time extension will not have a significant effect on City revenues or expenses. ALTERNATIVES The council may deny the time extension, or may modify the conditions of approval, subject to a finding that the circumstances affecting the property have changed since approval of the tentative map. Attachments: Draft Resolutions for approval, denial Resolution 6750 (1990 Series) Vicinity Map Tentative Map Time Extension Request G:TR1848 .CC Res,'ition #1 - Approving RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE-YEAR EXTENSION OF TIME FOR FILING THE TENTATIVE MAP FOR TRACT 1848 LOCATED AT 2925 AND 2995 MCMILLIAN 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 the tentative map of Tract 1848 and Resolution 6750 (1990 Series) and the recommendation of staff, makes the following finding: 1. There have been no changes in the circumstances affecting the subdivision of the property which would warrant the termination or modification of the approval of the tentative map. SECTION 2 . Action. The time allowed for the filing of the final map for Tract 1848 is hereby extended for one year subject to the original findings and conditions contained in Council Resolution No. 6750 (1990 Series) . The tentative map approval will expire on January 16, 1994, unless a further extension is approved by the Council. 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 1993 . 9-3 Resolution No. (1993 Series) Tract 1848 Page 2 Mayor ATTEST: City Clerk APPROVED: City tto Re tution #2 - Denying RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING. A ONE-YEAR EXTENSION OF TIME FOR FILING THE TENTATIVE MAP FOR TRACT 1848 LOCATED AT 2925 AND 2995 McMILLAN 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 the tentative map of Tract 1848 and Resolution 6750 (1990 Series) and the recommendation of staff, makes the following finding: 1. There have been significant changes in the circumstances affecting the subdivision of the property which would warrant the termination or modification of the approval of the tentative map, specifically (To be completed by Council) . SECTION 2. Action. The request to extend the time allowed for the filing of the final map for Tract 1848 is hereby denied. 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 1993 . Mayor ATTEST: City Clerk Resolution No. (1993 Series) Tract 1848 Page 2 APPROVED: p npi� J� Qmuo,1,200 � hc.i Cwr� Cl��rew�� Attoilnqy b16 \\\r^ `\ r• ` �♦.♦.♦ 'stip. ;; --- j MORRISON ka a • �ttii 7 � ...... W �: •i X31.1-.•.«.�r.�w.y,.• � -;i • ;t . +..Isar-s•.:a•. Y� t�, z 3 Y 4 o9 :w R M 3oss kor_ Q4.v SI T�AfO-.. M = Z 1� •}r+VLi t r r 1.1 i Q • i J ii�� Q .❑ C -SLoj CI 1 i C- S1 314 %3o .y M• � ORCU T ROAD • w� .1.11� V•1. A� K .. 7 r � • o i o �o TRACT 1848 RESOLUTION NO. 6750 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1848 LOCATED AT 2995 McMILLAN 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 the tentative map of Tract 1848 and the Planning Commission's recommendations, staff recommendations, and reports thereof makes the following findings: 1. The design of the subdivision 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 M 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 improvements 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 will not have a significant effect on the environment and has granted a mitigated negative declaration. 6. The City of San Luis Obispo has identified through its Circulation Element studies that deficiencies exist on an adjacent, major arterial street (Orcutt Road) which may, in the future, require an assessment district to finance necessary improvements. SECTION 2. Conditions. The approval of the tentative map for Tract 1848 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 for each unit. Meters shall be located near property frontage to the approval of the City Engineer. 3. Subdivider shall provide individual gas and electrical services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 4. 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 affected utility companies. e4-91 Resolution No. 6750 (1989 Series) Tract 1848 Page 2 5. Subdivider shall prepare covenants, conditions, and restrictions (CC &R•s) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions: a. Property owners association created to enforce the CC&R's and provide for professional, Perpetual maintenance of common areas including, but not limited to driveway, parking lot, landscaping, utilities and building exteriors, and trash/waste pick-up and disposal. b- Grant to the City of San Luis Obispo the right to maintain common areas if property owners association fails to do so and to assess said association said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all Of the individual owners. d• There shall be no change in cit eored provisions of the CC&R's without prior approval of the Community Development Department and City Attorney. e• Participation in Development Directorrlp reduction program to the approval of the Community i • Parking shall be provided at a rate of no less than one-space per 300 s On motion of Quare feet. ZZ Councilwoman Ra a seconded by Councilman Reiss and on the allowing roll call vote: AYES: Councilmembere Ra NOES: None ppa� Reiss, Pinard, Roalman, and Mayor Dunin SENT: None a foregoing resolution was passed and adopted this 16th 30. day ofu_r`� Mayor Ron Dunin ZST- Cl rk Pam Vo s Resolution No. 6750 (1989 Series) Tract 1848 Page 3 APPROVED: 6 City A inistrative Officer ��JJtt ney community Development Director it M . usr. ems m' o Ypy C\ yy^tlil yy nl 6 i`a 44, I I -I INS t �� •� mF� ewsr eoe ao' _ _'_ 71 ' i' 6Q 1 nl n 'tL n1 y L1 - - 14l �: iV H '3 " tn � � - a•g 4, gl�e� • O.Z 39�� MCMIMIlan January 12 , 1993 Community Development Department City of San Luis Obispo 990 Palm Street 01/13/97) 9:17A.4 101#72179 A0 San Luis Obispo, CA 93401 FLAN AFFL FEES$840.50 Attn: Arnold Jonas Community Development Director Re: Extention of Tentative Tract Map Tract 1848 2925 - 2995 McMillan Ave. San Luis Obispo, CA 93401 Gentlemen: We are request an extention of the approval of the tentative map for Tract 1848 as adopted in Resolution No. 6750 on January 16, 1990 . We are in the process of finalizing the condo plan and tract map and are approximately 60% complete. We however will not be able to record the final map prior to our previously extended approval date of January 16, 1993 . We plan to record the final map, pending all necessary approvals, within the next thirty to forty days. We have enclosed our check in the amount of $840.50 for the extention fee. Please contact me if you should need any further information. Please forward approval of the extention to us in writing. Sincerely, le Ja e ihm4saaavitr Property Manager P Y g /jr Enclosure cc: Greg Smith, Project Planner Jerry Kenny, Engineering Department 2995 McMillan Avenue,Suite 196,San Luis Obispo,CA. 93401 80.5/541-1858 FAX: 541-5724 ��a,