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HomeMy WebLinkAbout11/30/1993, 2 - TENTATIVE TRACT MAP TO CREATE 9 AIR-SPACE RESIDENTIAL CONDOMINIUMS AT 533 PISMO STREET. (CITY FILE NO. TR 138-93) I"�II�IIIIIII�I II MEETING DATE: a����� City or San LUIS oBIspo //' V6 MICma COUNCIL AGENDA REPORT ITEM NUMBER: From: Arnold Jonas, Community Development Director o Prepared By: Whitney McIlvaine, Associate Planner Subject: Tentative tract map to create 9 air-space residential condominiums at 533 Pismo Street. (City File No. TR 138-93) CAO RECOMMENDATION Adopt the attached resolution approving the vesting tentative map for Tract 2139. DISCUSSION: Background The State Subdivision Map Act and the City's Condominium Development and Conversion Regulations establish a two-stage process for residential conversions. The Council approved the condominium conversion for nine apartment units at 533 Pismo Street in 1992. As part of the second stage of processing, the applicant is now asking for approval of his tentative tract map. The Planning Commission reviewed this application on October 27, 1993, and is recommending approval based on findings and subject to conditions as noted in the attached resolution. Data Summaty+ Subdivider/Property Owner: Derek Eastwood Representative: Kirk Anderson, John Wallace and Associates Zoning: R-3-H (Medium-high-density Residential in an Historic district) Environmental Status: Categorically Exempt (CEQA Section 15301k) Project Action Deadline: March 30, 1994 Site Description The nearly level site is roughly one-half acre in size at the corner of Pismo and Beach Streets. It is developed with three, two-story wood-frame buildings, each containing three two-bedroom apartments. Laundry facilities and garages are located in two separate buildings. Proiect Description The tract map is required to complete the condominium conversion process. It will establish nine attached dwellings as separate ownership units and will designate common space. Except for some minor refurbishing and enhancements to the common recreation area, the project-will not noticeably change the appearance of the site. C2_ �m�i�►►I�ol{IIIIIIIP► IIUIl1 city of San 1UI.S OBISPO wi;% COUNCIL AGENDA REPORT Storage Exception Requested The Planning Commission recommends approval of the applicant's request for an exception to condominium storage area requirements. City regulations require 200 cubic feet of storage space. The applicant is proposing to provide each unit with 100 cubic feet of cabinet storage space in the garages. While the private yard areas could accommodate the additional 100 cubic feet of required storage, the applicant and the Planning Commission feel this would diminish the function of the private yards. In all other respects the tentative map complies with City regulations for condominium conversions or with the exceptions already approved by City Council. Soil Contamination The intersection of Pismo and Beach Streets is listed as a hazardous waste site by the State because of crude oil leakage from Unocal's pipeline within the Pismo Street right-of-way. The approximate extent of crude oil in the soil between 8 and 16 feet deep in the vicinity of the intersection is shown in a diagram attached to this report. No test borings have been done on the applicant's site. Consequently, the extent and depth of contamination on the project site is not known. Unocal has requested permission from the property owner to conduct a soils investigation at 533 Pismo Street in order to determine the extent of contamination. (See attached letter from Unocal dated November 15, 1993.) As the lead agency for hazardous materials management above the water table, the City can require a site assessment and notification, as recommended by staff, to potential property owners regarding the status of known and possible contamination sites. Potential purchasers should be given the same notification information that Unocal was required to supply to residents along Pismo Street following a site investigation completed in 1991. Please refer to the letters to Unocal from John Wallace and Associates dated November 8, 1993, and from RWQCB dated February 10, 1992. The Regional Water Quality Control Board (RWQCB) is overseeing regular monitoring for possible ground water contamination in the intersection area, and RWQCB staff concur with the Fire Department's recommendation for an environmental site assessment and related notification to potential purchasers of the condominiums. FISCAL IMPACT No significant impacts to City revenues or expenditures are anticipated as a result of this tentative map. ALTERNATIVES The Council may deny the tentative tract map if findings for approval are not supported, or continue action with direction to the applicant and staff. a -a - - 1 "" city Of san LUIS OBISPO COUNCIL AGENDA.REPORT CONCURRENCES Comments from other departments are attached and incorporated into the resolution's recommended conditions of approval or noted as code requirements. Attachments: draft resolution for approval vicinity map reduced tract map Letter to Unocal from John Wallace & Assoc. (11/8/93) Unocal letter (11/15/93) RWQCB letter (2/10/92) diagram showing vicinity of contamination subdivider's statement resolution approving the conversion comments from other dept's a-3 RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2139 (CITY FILE NO. 138-93) LOCATED AT 533 PISMO STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings for Approval of the Tentative Map. That this council, after consideration of the tentative map of Tract 2139 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 R-3-H 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 tentative map for the condominium conversion is exempt from environmental review (CEQA Section 15301k). Section 2. Finding for the Exception to Condominium Storage Requirements. An exception to condominium storage area requirements is granted based on the following finding: 6. Compliance with the storage space requirement of 200 cubic feet per unit is not feasible in this case without infringing on the private yard areas for each unit. No public purpose would be served by strict adherence to this standard. a-4 Resolution No. (1993 Series) Tract 2139 Page 2 SECTION 3. Conditions. The approval of the tentative map for Tract 2139 is subject to the following conditions: 1. Conditions of Resolution No. 8102 (Con 34-92) shall remain in effect. 2. The subdivider shall submit a final map to the City for review, approval, and recordation. 3. The 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. The 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 areas including private driveways, utilities, drainage, parking lot area, walls and fences, lighting, laundry facilities, 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 met. C. No parking except in approved, designated areas. d. Common sewers shall be maintained by the homeowners' association. e. Only standard AC or concrete will be replaced by the City when maintenance requires excavation. Decorative pavements, brick, stamped concrete, or other similar surfaces are the responsibility of the homeowners. L Grant to the City the right to tow away vehicles on a complaint basis which are parked in unauthorized places. g. Prohibition of storage or other uses which would conflict with the use of garages and uncovered parking spaces for parking purposes. h. No outdoor storage of boats, campers, motorhomes, or trailers nor long- term storage of inoperable vehicles. a� Resolution No. (1993 Series) Tract 2139 Page 3 i. No outdoor storage by individual units except in designated storage areas. There shall be no prohibition against construction of additional storage space in the residents' private yard areas. j. There shall be no prohibition against the use of centralized recycling bins located in the trash enclosure, and the storage of individual recycling containers shall be allowed in the private yard areas. k. No change in City-required provisions of the CC&R's without prior City Council approval. 1. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association. 4. A 10-foot street tree and six-foot public utilities easement shall be provided along both street frontages, to the satisfaction of the City Engineer. 5. Prior to approval of the final tract map, an environmental site assessment shall be provided to the Fire Department for review. The assessment shall include (but not be limited to) soil and groundwater samples that are representative of the entire site, or other such assessment as required by the Fire Department. 6. The subdivider shall provide all potential owners of property at 533 Pismo Street with a report on the status of soil contamination at the intersection of Pismo and Beach Streets and the related potential for contamination at 533 Pismo Street. The notification must describe: some history of the pipeline and related leakage; results of soil and groundwater investigation, past and present; Unocal's risk assessment; and Unocal's proposal to leave the contaminants in place. Prior to final map approval, the subdivider shall provide the Fire Chief with a copy of the notification and assurance of disclosure to all interested purchasers. Code Requirement: 1. The subdivider shall provide individual sewer, water, and utility services to each unit and to the common area to the satisfaction of the City Engineer and affected utility companies. New utilities shall be underground. a -� Resolution No. (1993 Series) Tract 2139 Page 4 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 APPROVED: i Att a- � �o �j I r•/ ' \ems ��``� 3 i \ ,• ����,- . 1 J QV �• \ PFH / of qaV � v�" '` �kltl " Y�4�t�i��.G��e1 ::'N�01�` SSy '�1 h�•k s =T` v sem • f , I a 4 rl�y �O SSL SSS /\ �'''J r n •� .y 9�sbKr SSI r� J q�;! o-\^ r �i• fJ'' ` •i�3S '/ vi`9'��,�i`J �'�\ :ems%�� 1 I lr_ A O m " oc i ham. `,y \ \O RAPHIIC SC O 50 OLE: 200 VICINITY MAP TR 138-93 ;CoTH 533 PISMO i a -8 T p/smo STREET �7 t�411 i\l 4- "Ji r7 -a7 L .. .... 7r- Co f4 5z C." C5 0 C5 y p4 141 A ka-\ 7s-i- -c;-T- -,7 7 IWI .%tt r NZ 4 kit 46Z�M tR It's ti 2z x PA R Zk z A. ZL VESTING TENTATIVE TRACT MAP 2139 SITE PLAN 533 PISMO STREET SAN LUIS OBISPO, CALIFORNIA 93901 �� il . i I I URM T1 &I ILII' I"d ZR 1711 �1 ,11 1;i! 114\ rh f'."j it VESTING TENTATIVE TRACT MAP 2139 FLOOR PLANS AND ELEVATIONS 533 PISMO STREET SAN LUIS OBISPO. CALIFORNIA 93401 JOHN L. WALLACE & ASSOCIATES CONSULTING CIVIL ENGINEERS November 8, 1993 R E C E I V E Cy NOV 1 ?. 1993 cm OF SAN tins OBISPO Mr. John R. Ljung COMMUNmrtEvetoPW? Via Facsimile Environmental Geologist Unocal Refining and Marketing Division Post Office Box 661 San Luis Obispo, California 93406-0661 Subject: Soil Contamination near the Intersection of Pismo and Beach Streets, San Luis Obispo, California Dear Mr. Ljung: John L. Wallace and Associates has been retained by Mr. Derek Eastwood to process a condominium conversion through the City of San Luis Obispo. The condominium conversion consists of an existing nine-unit complex located at 533 Pismo Street in San Luis Obispo. The conversion application is currently being processed through the City. Part of the process of completing the conversion involves the submittal of a tentative tract map. The tentative tract map is the instrument used by the City to establish conditions of approval during their review process. A draft copy of these conditions is enclosed for your use. As you can see, Condition No. 5 involves a requirement for further site investigation on Mr. Eastwood's property. The tentative tract map is schedule to go before the City Council for approval on November 30, 1993. The staff report being prepared by the City Planning Department will contain the final recommended language of the condition, and will need to be completed by the end of this week. Mr. Eastwood requests that UNOCAL perform the necessary site investigation, or provide enough existing evidence to satisfy the City's.requirement regarding his property. I am aware that there has already been an site investigation performed for UNOCAL near the intersection of Pismo and Beach Streets carried out under oversight by the City of San Luis Obispo and the California Regional Water Quality Control Board. This investigation concluded that there is no significant health risk at the site. Nevertheless, the City feels that additional site investigation specific to Mr. Eastwood's property is necessary. It may be that confirmation from UNOCAL that the previous investigation, and its conclusion, are applicable to Mr. Eastwood's property will satisfy the City's condition. a-/i 4115 BROAD STREET,SUITE B-5 •SAN LUIS OBISPO,CALIFORNIA 93401 0 (805)544-4011 • FAX(805)544-4294 Mr. John R. Ljung November 8, 1993 Page Two In addition to satisfying the City's condition of approval, Mr. Eastwood will need UNOCAL's cooperation to be able to complete the sale of his units without a clouded issue regarding the status of the contamination. One way that you can assist him is by providing a disclosure specific to Mr. Eastwood's property which would be similar to the disclosure authored by Mr. Ron James for all the residents in the area of the leak, dated June 1990. I've enclosed a copy of this letter for your reference. There is a distinct possibility that any disclosure provided by the additional site investigation will have a direct bearing on how successful Mr. Eastwood is at selling his converted units. Mr. Eastwood is concerned about the value of his converted units, as well as the value of his property as it presently exists, and would like to know what UNOCAL will do to protect his interest. I would be happy to discuss this matter with you at your earliest convenience. You can reach me at 544-4011. Thank you. Sincerely, JOHN L. WALLACE & ASSOCIATES Kirk M. Anderson Associate Engineer rmw:199.01.02/soilcont cc: Mr. Derek Eastwood, Owner Richard Aleshire, Regional Water Quality Control Board Spencer Meyer, City Fire Department Whitney McIlvaine, City Planner enclosures a-�a FROM UNOCAL PIPELINE SLO 11 . 15. 1993 13: 218 P. I Unocal Petroleum Produ Chemicals Dlvlelon Unocal Corporation P.O.Box 661 San Luis Obispo.California 93406 Telephone(605)543•7600 c(opy FACSIMILE TO (805) 544-4294 11/15/93 UNOCAL® November 15, 1993 Mr. Derek Eastwood c/o John L. Wallace & Associates 4113 Broad at . Suite B-5 San Luis Obispo, Ca, 93401 Dear Mr. Eastwood: Unocal is requesting your permission for Unocal and Unocal 's contractor, Groundwater Technology Inc. , to enter the property at 533 Pismo Street, San Luis Obispo for the purpose of conducting a soils investigation to determine the extent of hydrocarbon contamination. The work will consist of performing soil borings . All borings will be at mutually agreeable locations . In return• for' granting Unocal permission as outlined above, Unocal agrees, io repair any and all damages to the premises caused by Unocal or Unocal 's contractors presence on the premises . Unocal also agrees that it will keep the premises free from any mechanic's liens as a result of work performed by its contractors , and that it will provide the estate with a copy of the final report of consultants regarding the investigation efforts. By requesting permission ' to . enter the premises and performing the - soils investigation, Unocal is not admitting liability for any contamination on the premises. Two copies of this letter are enclosed. By signing these documents, you certify that you are the owner of the premises described herein and grant permission to Unocal to enter the premises as described herein above. Please return one copy to Unocal . Mr, T. Garvey, Groundwater Technology Inc. will be contacting you to schedule a date to drill . John R. L jungt-- -----, Environmental Geologist Dated Signed Mr. D. Eastwood cc: J. R. Ljung, 276 Tank Farm Road, San Luis Obispo, CA 93401 T. Garvey, 4620 McGrath St. Suite 100, Ventura Ca. 93003 . a-�3 STATE OF CALIFORNIA PETE WILSON, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - CENTRAL COAST REGION 1102 A LAUREL LANE N LUIS OBISPO. CA 83x01 A5) 548.3147 February 10,. 1992 Mr. John Ljung LE Unocal 276 Tank Farm Rd. San Luis Obispo, Ca 93401 Dear Mr. Ljung: SLIC/UNOCAL, PIPELINE, PISMO AND BEACH STREETS, SLO We have revlo ed your consultantrs (Groundwater Technology, Inc. , ) report entitled "Phase 2 Site Investigation Report Pismo and Beach Streets, San Luis Obispo, California" dated April 41, 1991 . Based on the content of the report we have concluded pollution and nuisance conditions exist in the area of the intersection of Pismo and. Beach Streets, San Luis Obispo. These conditions are a result of petroleum hydrocarbon (crude oil) leakage from Unocal's pipeline located within the Pismo Street right-of-way between Nipomo and Carmel Streets. Concentrations of Total Petroleum Hydrocarbon (TPH) have been detected in ground water up to three parts per million (ppm) and in soil up to 26,000 ppm. At 5.5 feet below ground surface in boring GTI-1, Benzene was detected at a concentration of 0.42 ppm. All other soil samples indicated non-detectable concentrations or only trace amounts of Benzene, Toluene, Ethylbenzene and Xylenes. Rather than pursue cleanup at this time, it has been decided to. place this site on a monitoring program. Monitoring and Reporting Program No. 92-42 is enclosed. This program is effective immediately and must continue until rescinded by me. ..In addition; Unocal is directed to contact all prcperty owners and residents along Pismo Street between Nipomo Street and Carmel Street. The notification%contact must describe: some history of the pipeline and related leakage; results of soil and ground water investigation, past. and present; Unocal's Risk Assessment; and, Unocal's proposal/request to leave the contaminants in place and monitor. Prior to making contact, please provide us by March 9 , 1992, a list of all persons you intend to contact, a copy of the notification, and the date you intend to send, the notification and/or make the contact. I know tha� you and your company share with\us the desire to protect water quality and public health. However, to emphasize. the importance bf this issue please note, the authority for this request is�based on Section 1.3267 of the California Water Code. Mr. John Ljung -2- February 10, 1992 Failure to comply with this request, may lead to imposition of civil liability of up to $1, 000 per day for each day in which the violation occurs, per Section 13268 of the California Water Code. Please direct questions to Frank DeMarco at ( 805)-542-4638 or Robert Baldridge at (805)-542-4620 of my staff. We have uninterrupted worktime from 10:00 a.m. to 12:00 p.m. Please call before 10:00 or after 1:00 p.m. Sincerely, WILLIAM R. LEONARD Executive Officer Enclosure FJD/E/Pismo cs: Mr. Mike Smith City of San Luis Obispo Fire Department 748 Pismo Street San Luis Obispo, CA 93401 Mr. Tim Garvey Groundwater Tech. , Inc. 2646 Palma Dr. , Suite. 230 Ventura, CA 93003 Mr. William Hetland City of San Luis Obispo Public Works Department P.O. Box 8100 San Luis Obispo, CA 93403-8100 / f i a -�s A� s+yo • s,� x 4 e � X \ X4 ' • • • , X x x + o � X 'oi O ' .f` t�PF� r r BE g �^ o +� '6'c X . • o 1 0+s o , t ! z W -i m C 1 ! mo o m NO `1 i �~ Z n M Z Vf O ,`�/ o LA go M ati m O O JOHN L. WALLACE & ASSOCIATES CONSULTING CIVIL ENGINEERS September 29, 1993 Planning Department Band Delivered Community Development Department City of San Luis Obispo Post Office Box 8100 San Luis Obispo, California 93403-8100 Subject: Condominium Conversion - Vesting Tentative Tract 2139, 533 Pismo Street Dear Sir/Madam: Enclosed please find an application for the Vesting Tentative Tract Map for the conversion of an existing nine unit apartment complex into an air space, condominium project containing 9 units. The project is located at 533 Pismo Street. The conversion application (CON 34-92) was approved by the City Council in December 1992. The application includes: 1. City Application & Fee ($1,577.00) 2. Preliminary Title Report 3. Property Owner's List 4. Copies of the Notices given to the existing and new tenants. 5. Vesting Tentative Tract Map 2139, and Floor and Elevation Plan. 6. The CC & R's, By-Laws, and Articles of Incorporation will be submitted with the Final Tract Map after the Tentative Map is approved. This document will establish the Homeowner's Association for the project to the approval of the City Attorney and the Community Development Director prior to the final map approval. The property improvements required to convert the 9 units will follow the standards set forth in the City's Ordinance. These requirements are satisfied as follows: 1. SMOKE DETECTORS An approved smoke detector will be installed in each unit. 4115 BROAD STREET,SUITE 8-5 9 SAN LUIS OBISPO,CALIFORNTA 93401 0 (80-5),544-4011 • FAX (805)544-4294 Planning Department, City of San Luis Obispo September 29, 1993 Page Two 2. FIRE PROTECTION SYSTEMS All Fire protection appliances will be retained in an operable condition. 3. UTILITY METERING Each unit has separate meters for gas, electric and water. 4. STORAGE There are existing cabinet storage units in each garage. These cabinets meet, or will meet, the dimension requirements set forth in the City's ordinance. Each cabinet storage unit contains, or will contain, a minimum of 100 cubic feet of storage space. The storage requirement for the conversion is 200 cubic feet. Please see the site plan and floor/elevation plan for cabinet location and size. Exception Requested The applicant wishes to provide a private yard for each unit without constructing storage units in them. The private yards can accommodate the storage units that will meet the volume requirements but at the sacrifice of valuable yard area. The applicant feels that the area occupied by a storage unit is more valuable as private yard area than storage area. The applicant requests an exception to the storage requirement of 200 cubic feet. The exception should be granted based upon the following findings: a. The proposed private yards for each unit can accommodate a storage unit but would diminish the function of the private yard. In addition, the project site can not accommodate the storage units anywhere outside of the private yards due to the physical constraints that exist. b. The granting of this exception will not constitute a special privilege to the applicant. The existing space available in the garages beyond the space occupied by an automobile, in addition to the 100 cubic foot cabinet storage proposed by the applicant, should meet the intent of the storage requirement by the City. In all likelihood, the unit occupant(s) will use both the cabinet storage and the remaining floor space as storage outside of their unit. a -�8 Planning Department, City of San Luis Obispo September 29, 1993 Page Three C. The exception, when granted, would satisfy the intent of the City's policies and regulation regarding such a project. Adequate storage will exist for the occupants of the units. 5. LAUNDRY FACILITIES A laundry facility is provided at the complex. This laundry room contains, or will contain, at least one washer and two dryers for the nine unit complex. 6. PARKING There are a total of twenty parking spaces provided at the complex. This includes: 9 covered spaces, 3 standard spaces, 6 compact spaces, 5 motorcycle spaces and 9 bicycle spaces. Two of the compact parking spaces are obstructed by the existing concrete curbs around the existing Olive trees. The root systems of these trees caused the concrete curb to protrude into the compact spaces. As a consequence, these compact spaces do not conform to the City's standards. These parldng spaces were accepted by the City when the complex was completed, and prior to the issuance of the occupancy permit. Apparently, there was an effort to save (accommodate) these trees in the parking area. 7. REFURBISHING Any deficient structures considered by the.City to be unusable or unsafe will be refurbished or restored. 8. MUNI IUM PROJECT SIZE The number of units in this conversion is nine. The City's ordinance requires a minimum of ten units per conversion. The applicant requested an exception to this number to allow the nine unit conversion. The City Council approved this exception when the Conversion Application was approved in December 1992. In addition, in 1991 an exception was granted for a project with the same number of units. No variance was required for the deviation from the subdivision standard. Planning Department, City of San Luis Obispo September 29, 1993 Page Four 9. PRIVATE OPEN SPACE Each unit will be provided with a minimum of 100 square feet of private open space. Please refer to the site plan for location and size of the private open space provided for each unit. An exception to the open space width requirement is requested for Units 8 and 9. These units have a yard width of approximately 7 feet. This exception to the width requirement is necessary due to the physical constraints that exist behind these units. As shown on the site plan, the yard behind Units 8 and 9 can be no wider than approximately 7 feet due to the distance between the unit exterior wall surface and the top of slope just above the parking lot. The yards in these units have more than the required 100 feet square. The City Council approved this exception when the Conversion Application was approved in December 1992. 10. COMMON OPEN SPACE There is a total of 2,400 square feet of open space provided in this project. This area is greater than the required open space of 900 square feet. 11. TOTAL OPEN SPACE There is a total of 4748 square feet of open space provided in this project. This area is greater than the required open space of 3600 square feet. 12. COMMON RECREATIONAL FACILITIES A designated recreational area will be provided within the complex. The amount of recreational area will consist of 424 square feet. The required area is 360 square feet. In addition to the existing barbecue in the recreational area, the applicant proposes to place three portable, redwood picnic tables and construct a covered serving counter. Please see the site plan for more detail. 13. INSTALLATION OF CLOTHESLINES Clotheslines will be allowed within the unit private yard if they are kept substantially screened from public view. a-aa RESOLUTION NO. 8102 (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMINUUM CONVERSION APPLICATION FOR INTE U7NJTS AT 533 PISMO STREET (CON 3492) WHEREAS, an application has been made for conversion to condominiums of nine units at 533 Pismo Street; and WHEREAS, that this council, after consideration of the Planning Commission's recommendation, staff recommendations and reports thereof, finds that the proposed condominium conversion is appropriate based on the following findings and subject to the following conditions and exception: SECTION 1. Exceptions to Property Development Standards. Exceptions to the minimum conversion project size to allow nine units to be converted when ten is normally required; to allow a seven foot wide private open space area for units 8 and 9 where ten feet is normally required; and to allow an 11 foot street yard for a storage enclosure where 15 feet is normally required are hereby approved, based on the following findings: 1. Compliance with the project size limit would not be practical due to the number of units existing on the site. 2. The exception will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning. 3. No feasible alternative to authorizing the exception would satisfy the intent of city policies which encourage provision of variety of rental and individually-owned units in all price ranges within the city. 4. Exceptions to the open space minimum dimension requirements for units 8 and 9 will not significantly impair the residents' use and enjoyment of private open space areas, and no public purpose would be served by strict adherence to this condominium development standard. a-al R-8102 Council Resolution No. 8107(1992 Series) Page 2 5. A reduced street yard setback from 15 feet to 11 feet on Beach Street to allow one, four foot by seven foot storage enclosure is minor and poses no environmental, esthetic, health, or safety impacts to people living or working at the site or in the vicinity. SECTION 2. Findings. 1. All provisions of the Condominium Development and Conversion Regulations have been or will be met, with the exception to property improvements noted above. 2. The proposed conversion is consistent with the general plan. 3. Adequate facts exist to support the following findings required by the State Subdivision Map Act: A. The site is physically suited for the type and density of development allowed in the R-3-H zone. B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, or substantially and avoidably injure fish or wildlife or their habitat. C. The design of the condominium conversion or the type of improvements will not conflict with easements for access through (or use of property within) the proposed condominium conversion. 4. The proposed conversion will not displace a significant number of low-income or moderate-income households or senior citizens at a time when no equivalent housing is readily available. 5. The proposed conversion is subject to conditions of approval which will ensure substantial compliance with building and housing codes and zoning regulations which are currently in effect. SECTION 3. Conditions. 1. Applicant shall install an upgraded fire hydrant (location # I-12-26) to provide ad uate fire protection, to the approval of the Fire Marshal. — �IIiS ��+rOYL hAS '(-Afit5f,uL • 111 161g3 y�1.��• 2. Applicant shall refurbish and repair the structures and building service equipment(piping, wiring, heaters, etc.) as recommended in the property condition report, and to the approval of the Chief Building Official. CR as Council Resolution No.8102(1992 Series) Page 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the application referred to hereinabove hereby is approved. On motion of Council Member Rappa seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15th day of December , 1992. J Mayor Peg Pinard ATTEST: 404; 'q(Yqz-L L/ Di a Gladwell, City Clerk a -a3 MEMORANDUM TO: - - >i i it ent FROM: Spencer Meyer, Fire Department SUBJECT: 533 Pismo Street, TR. 139-93 DATE: October 23, 1992 ACCESS: Existing access is adequate. F11t&FLOW: Public distribution main appears just adequate to serve the proposed land use. 11YDRANT LOCATIONS: Public fire hydrant density is inadequate The addition of a new hydrant is not possible at this time without a major water service up-grade. General Note: (1) Prior to approval, an environmental site assessment shall be submitted to the Fire Department for review. The assessment shall include (but not be limited too) soil and groundwater samples that are representative of the entire site. cc: Jerry Kenny, Engineering Department Dan Gilmore, Public Utilities Department Ron Hanson, Fire Department a-07 P U B L I C W O R K S D E P T. E N G I N E E R I N G D I V I S I O N ***** PLAN REVIEW ***** ** Location: 533 PISMO, DEREK EASTWOOD PROP * Plan Chk: 10/20/93, PLNG FILE: TRISS-93 (TR 2139) MAP CONDITION 1. Each unit shall be served with individual water, gas, electric, telephone and cable TV, to the satisfaction of the City Engineer. 2. 10' street tree and 6' public utilities easements shall be provided along both street frontages, to the satisfaction of the City Engineer. 3. Common sewer(s) shall be covered by the CC&R's for maintenance, etc (Show on the tentative map) . a -as UnLMES MEMORANDUM October 27, 1993 TO: Whitney Mcllvaine FROM: Dan Gilmore, Utilities Engineer SUBJECT: Condominium Developments Clearly label which facilities are to be PUBLIC and which are to be PRIVATE. All onsite sewer shall be labelled as PRIVATE and shall be maintained by the homeowners. All water mains shall be public and constructed to City Standards to the satisfaction of the City Engineer and the Utilities Engineer. Water lines and meters should be placed within dedicated public right-of-way. In cases where this is not possible, any onsite water mains shall be located in the travelled way with at least ten feet of right-0f-way on each side of the pipe centerline. The said right-of-way shall be dedicated as a public water system easement to the satisfaction of the City Engineer and the Utilities Engineer. Only standard AC or concrete will be replaced when maintenance requires excavation. Decorative pavements, brick, stamped concrete, etc. are the responsibility of the homeowners. All units shall be served with individual meters. All water services shall be sized to provide the necessary fire flows to the satisfaction of the Fire Marshal and the Utilities Engineer. Meters shall be manifolded in groups, with four meters per group being the most desirable. No trees may be planted in the vicinity of any public waterline. Meters set in landscaped areas shall have a concrete apron on all sides with a minimum width of twelve inches and a typical thickness of four inches. c: John Moss a-a� Cable Television P.O. Box 1205, San Luis Obispo, CA 93406 of San Luis Obispo (805) 544-2618 November 9, 1993 R E C E/ V E City of San Luis Obispo NOV 1 5 1993 990 Palm StreetsaNCWs San Luis Obispo, CA 93401 moEVEroPp Attn: Whitney Mcllvaine RE: TR 2139 533 Pismo St. (Eastwood) Dear Ms. Mcllvaine; Thank you for sending your set plans for our office to review. This Letter serves to notify the Subdivision Review Board of the developer's requirements for providing cable television service to the above referenced project. Prior to construction, the developer will be responsible for the following: 1. All required easements/right-of-ways. 2. All required trench, box excavation, sand backfill (mesh 1/4"screen) and service conduits as required. 3. Any applicable costs for extension and or relocation of primary plant from existing facilities. 4. Prewire of individual homes (RG-6 cable will be fumished for 2 outlets per unit at no cost.) 5. List of street addresses. In reference to item 2 above, developments that require a joint trench are the responsibility of the owners or developers of said development. Information on the joint trench cost may be obtained by contacting the primary agency. (P.G. & E. or Pacific Bell Telephone, etc.) When the project receives approval from the city or county, we will require a copy of the final plot plan and the design layout from P.G. & E. and Pacific Bell. At that time, the developer should contact Sonic Cable to make the necessary engineering arrangements. If you have any questions, please feel free to call me at 544-1962 Ext 623. Sin rely, David Hamilton System Designer cc: File DWNNWDEYIDOCW a-a � Pacific Gas and Electric Company 406 Higuera Street P.O.Box 592 San Luis Obispo, CA 93406 RECEIVED October 15, 1993 OCT 1 91993 CITY OF SAN LUIS OBISPO CppWIUMTfY DEVELOPMENT Whitney McIlvaine Community Development Department City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93401 Dear Ms. McIlvaine: Thank you for the opportunity to review Tract No. 2139 (Eastwood) . Please ensure that the proposed blanket easement is dedicated, to cover PG&E 's existing underground secondary and service lines. The developer should contact Bob Burke at 546-5236, if necessary, concerning changes to the facilities. Please call me at 595-6432 , or Mike Olsen at 595-6435, if you have any questions regarding land rights or easements. Sincerely, ;'N. D. Ballweber Land Agent Los Padres Division a -a� draft MINUTES - CITY PLANNING COMMISSION City of San Luis Obispo October 27, 1993 PRESENT: Commrs. Hoffman, Williams, Cross, Senn, Whittlesey, and Karleskint. ABSENT: Commr. Sigurdson. OTHERS PRESENT: Ron Whisenand, Development Review Manager; Whitney Mcllvaine, Assistant Planner; Cindy Clemens, Assistant City Attorney; and Diane Wright, Recording Secretary. AGENDA: There were no changes to the agenda. PUBLIC COMMENT: There were no public comments. The minutes of the regular meeting of August 11, 1993, were approved as amended. Item 1. Tract 2139 (City File No. 138-93). 533 Pismo Street. A request to create nine airspace residential condominiums; R-3-H zone; Derek Eastwood, subdivider. Whitney Mcllvaine presented the staff report and explained that the applicant was requesting that the requirement for 200 cubic feet of storage per unit be reduced to 100 cubic feet. She said attic storage was not practical because of webbed trussing. She recommended the Commission recommend approval of the tract map to the City Council after reviewing revised findings and conditions as suggested by the Fire Department and the Department of Public Works, and that the Commission provide direction to staff regarding the request for a storage requirement exception. Chairman Karleskint opened the public hearing. Craig Campbell, 4384 Wavertree Street, applicant's representative, said the applicant generally agreed with the conditions. He said the site map approved by the City Council showed 100 cubic feet of exterior storage. He explained that the applicant desired to allow individual owners to decide if they preferred to use that exterior area for storage or for some other use such as a patio. He showed a diagram of the 100 cubic feet of storage in the garage. He requested that the requirement for continued monitoring for possible oil contamination be eliminated. He explained that a report by Unical on an oil spill in the street states that the site was safe and no health or safety issues existed. He said no drilling was done on this particular site, only in the right of way, and that Unical believed further monitoring on this site would not be feasible because buildings would a -a9 P.C. Minutes October 27, 1993 Page 2 exist where drilling would need to be done. He said finding a third party to do the monitoring would delay the project. He suggested an alternative condition that would notify property owners of the nearby oil spill and Unical's conclusions. He said the applicant was agreeable to a condition in the CC&R's stating that there shall be no prohibitions against the use of a centralized recycling bin in the trash dumpster enclosure nor the use and storage of individual recycling containers in private yard areas. Commr. Whittlesey said she walked the site with Craig Campbell andKirk Anderson and discussed the contamination and recycling. She felt it was unlikely centralized recycling would be practical, but she wanted the CC&R's to state that it and individual recycling containers would not be prohibited in private yard ares. Mr. Campbell requested that condition 3-j be modified to state that on-site recycling not be prohibited. Commr. Whittlesey felt the garage would probably provide adequate storage for most residents, but suggested that the CC&R's not prohibit individual outdoor storage units. Commr. Hoffman felt it would be possible to utilize the attic for storage even with webbed trusses. In answer to a concern raised by Commr. Hoffman, Mr. Campbell said City ordinance would not allow the CC&R's to prohibit outdoor clothes lines. Chairman Karleskint closed the public hearing. Commr. Whittlesey asked what type of notification the City was required to provide due to the oil spill. Cindy Clemens said she had not talked with a representative from the Fire Department, but felt the revised condition suggested by the applicant providing noticing to future owners would be adequate because the City had not caused the spill and it did not own the property. Ron Whisenand said that State Law requires cities to give notice of contamination on sites appearing on a state list of contaminated areas. He expressed concern that the requirement suggested by the Fire Department could be a requirement of the Regional Water Quality Control Board and therefore a state requirement. He suggested that if the condition was modified, it state that any state law requirement not be eliminated. Cindy Clemens agreed with Ron Whisenand. a -�a P.C. Minutes October 27, 1993 Page 3 In answer to a question by Commr. Hoffman, Ron Whisenand explained that the contamination occurred because of a ruptured oil pipeline in the street and that the extent of the contamination on this site and on city property across the street was unknown. He said the Fire Department might know more about the spill. Cindy Clemens said the Fire Department has had numerous discussions about the contamination with Unocal. In answer to a question by Commr. Hoffman, she said the responsibility lies with Unocal, the party that caused the spill. Ron Whisenand explained that the property owner could be responsible for proving that Unocal caused the spill. Commr. Senn felt that once notice was given, the title would mention the contamination, and the lender would probably require a phase one environmental report that would cost the seller several thousand dollars, and could require a phase two environmental report at significant cost to the seller. He said no allegations had been made that the site was contaminated. He felt notification stating that a possibility of contamination exists would be sufficient. He asked that notification not exaggerate the possibility of contamination, causing lenders to be apprehensive. Ron Whisenand said the Fre Department was requesting the survey to find out if contamination exists so that specifics could be provided. Commr. Senn said there were many places in the downtown area that could be contaminated and a precedent could be set requiring an environmental analysis on many future developments. Ron Whisenand believed the Fre Department was justified in wanting to know whether or not the site was contaminated. Commr. Whittlesey expressed concern that the city not be brought closer to liability and that notification should be very specific. She felt that without a representative from the Fre Department present, the Commission might not be able to come to a decision. Whitney Mcllvaine said the City Council would be making the final decision and that staff would further examine the issue before the Council meeting. She suggested an additional sentence to the recommended condition allowing for notification as a possible alternative. Ron Whisenand said testing had been done in the right of way, but not on this site. He said the applicant's reference to Unocal's report that this site was safe did not necessarily mean that no contamination existed. r� / P.C. Minutes October 27, 1993 Page 4 Commr. Whittlesey suggested the Fire Department could get information from other nearby property owners to determine if the contamination went beyond the right of way. Ron Whisenand said the item was tentatively set to go before the City Council on November 16, but it could be delayed until December 7, which would allow staff to find out what information the Fire Department had and to find out if there were any state law requirements regarding monitoring of the site. Commr. Williams felt the condition could be acted upon by the Commission, if staff could find out more information before the City Council meeting. Commrs. Hoffman and Cross agreed with Commrs. Williams. Whitney Mcllvaine suggested condition 5 be modified to state "Prior to approval of the final tract map, an environmental site assessment or other means of resident notification shall be provided to the Fire Department for review. The assessment, if required, shall include ..." Commr. Cross preferred an addendum stating that the Commission believed the issue needed to be studied in greater detail. Commr. Senn said the applicant understood the Commission's concerns and the applicant had incentive to work with staff. Commr. Williams suggested condition I be deleted because it was currently not being done by other homeowners' associations. Commr. Williams moved to approve tract map 2139 based on the revised findings and conditions with the elimination of condition I; with condition 3-j replaced with 'The CC&Rs shall have a provision that there shall be no prohibitions of the use of centralized recycling bins located in the trash dumpster enclosure and the use and storage of individual recycling containers in private yard areas; and additional condition stating that "CC&Rs shall allow use of a storage enclosure in the private yard and that the enclosure shall not be limited to a size less than 100 cubic feet Whitney Mcllvaine expressed concern that the storage area not interfere with yard area requirements. Commr. Hoffman said open yard requirements are placed on the developer, and the individual owner should be able to choose whether or not to use his individual yard area for a storage enclosure. P.C. Minutes October 27, 1993 Page 5 Commr. Whittlesey seconded the motion. Commr. Senn suggested a new condition 5 stating 'The applicant shall obtain adequate information not later than November 10, 1993, regarding the environmental concerns of the City Fire Department to ensure adequate notification is provided to potential purchasers based on information available at the time the tract map is approved for resolution of the issue with the City Council." Cindy Clemens suggested the language of the condition not be included at this time because of a possible unknown requirement of the Regional Water Quality Control Board. Ron Whisenand recommended the Commission approve the condition as recommended by the Fre Department knowing that the applicant would work with staff and the Fire Department in drafting a possible new condition regarding notification of the contamination before the item is considered by the City Council. In answer to a question by Commr. Hoffman, Ron Whisenand said he understood the Commission wanted to pass along the item with the issue of soil contamination and proper wording of the condition to be resolved by the City Council. Commrs. Cross and Senn agreed with Ron Whisenand. Commr. Karleskint expressed concern about referring an item to the City Council without understanding what is required by law. Commr. Senn expressed concern about opening the door to paranoia of possible contamination on any downtown site. Ron Whisenand said the spill in the right of way was on a state list of known contaminated sites. Commr. Senn said the City bought Emerson School across the street from this site and was not concerned about contamination. Commr. Williams did not agree to Commr. Senn's suggested language for Condition 5. Commr. Senn said he could agree to qualifying language to Condition 5 stating "or such other appropriate environmental assessment that satisfies staff and the Fire Department." Commr. Williams agreed to include in her motion the qualifying language to Condition 5 as suggested by Commr. Senn. a 33 P.C. Minutes October 27, 1993 Page 6 Commr. Whittlesey said the qualifying language was redundant. Commr. Cross felt a resolution of the possible ground water contamination was needed before the tract map was approved. VOTING: AYES - Commrs. Williams, Whittlesey, Cross, and Senn. NOES - Commrs. Hoffman and Karleskint. ABSENT - Commr. Sigurdson. The motion passed. Item 2. General Plan Amendment/Rezoning GPLR 100-93, 1341 Nipomo Street. A request to amend the general plan Land Use Element map and to rezone a portion of the site from Public Facilities, Historical Preservation (PF-H) to Medium-high Density Residential, Historical Preservation (R-3-H);City of San Luis Obispo, applicant. Whitney Mcllvaine presented the staff report and explained that the City Council had directed staff to rezone 60 percent of the site to prepare it for possible sale by the City. She said the City Council would be reconsidering sale of property on November 16, 1993, and recommended that the Planning Commission make its decision prior to that time. Commr. Cross questioned if the Commission should be considering this item because there was a possibility that the soil and ground water could be contaminated. Whitney Mcllvaine explained that if there was soil or ground water contamination, it would be on the part of the site that would remain as a park and was not being rezoned. Commr. Cross asked if staff was confident that no contamination reached the are proposed for rezoning. Whitney Mcllvaine said no. Commr. Cross expressed concern that the seller was responsible for notifying the buyer of possible contamination. Ron Whisenand said the City was aware of the issue of possible contamination and would comply with state law prior to selling the property. He said a rezone was a map change and he felt requirements for drilling on the site were not appropriate. He said the City might decide not to sell the property.