HomeMy WebLinkAbout10/21/1997, C-5 - FINAL MAP APPROVAL FOR TRACT 1714, A 25 UNIT INDUSTRIAL AIRSPACE CONDOMINIUM CONVERSION AT 3641 SACRAMENTO DR. (J. PARSONS, SUBDIVIDER) Council '""� -ZJ- 91
j aclenaa uepoat "".A"
CITY OF SAN LUIS OBISPO
FROM: Michael D.McCluskey,Director of Public Works "
Prepared By: Jerry Kenny,Supervising Civil Engineer
SUBJECT: Final Map Approval for Tract 1714,a 25 unit industrial atrspace condominium
conversion at 3641 Sacramento Dr. (J.Parsons,Subdivider)
CAO RECOMMENDATION:
Adopt resolution approving the Final Map for Tract 1714
DISCUSSION:
The tentative map for Tract 1714 was approved by the County Board of Supervisors on October 24,
1989,subsequentto approval by the County Planning Commissionper its ResolutionNo. 89-81 to
allow the conversion of an 85,000 sq.ft. industrial complex into 25 airspace condominium units.
(See attachment 3) This property was subsequently annexed under the"Broad Street Annexation"
and the Subdivision Map Act(SMA)requires cities to accept active tentative map approvals upon
annexation,subject to meeting the city's subdivision requirements.[Section 66413(b)]
The City Council approved a tentative map time extension to October 24, 1996,subj ect to the
original County conditions,per Resolution No. 8502(1996 Series). (See attachment 4)
Subsequently,the State granted another"automatic one year extension" (SMA Section 66452.13)
which extended the expiration date to October 24, 1997.
Standard frontage improvements and construction of the complex were completed with the
development of the project. The property is served by a private well and private fire protection
facilities. Per the annexation agreement,these existing private facilities may continue until they fail
or when the owner desires to connect to the City water system and pays the applicable fees.
The private sewage disposal system was abandoned in conjunction with the recent connection to
the City's sewer system and payment of the applicable fees.
The subdivider paid$2,000.00 to the City on December 14, 1989 towards a future traffic signal at
Capitolio Way& Broad St.per County Condition No. 13. Another County condition(No.14)
required execution of an agreement to ..."participate in and waive the right to protest"a future
assessment district to: 1)extend Sacramento Dr.to Orcutt Rd.and 2)construct a future"grade
separation"between Orcutt Rd.and the railroad.
The estimated fee for the Sacramento Dr.extension established by City staff at that time was"not
to exceed" $ 3,974. Staff agreed that the subdivider could pay that amount at this time in order to
resolve the first part of Condition No. 14,rather than to include this item in an agreement with the
City. Regarding the second part of Condition 14,an agreement has been executed by the
subdivider,relating to the future Orcutt Rd. grade separation project,which will be recorded along
with the final map. (See attachment 5)
Since the required physical improvements have already been done,there is no need for a
subdivision agreement. The final map has been found to be in"substantial conformance"with the
tentative map and all conditions of the project related to the map have been met.
Council Agenda Report
Final map approval-Tract No. 1714
CC&R's and a"Notice of Special Requirements"(for public disclosure)will be recorded with the
final map.
ALTERNATIVES:
Option 1: Deny approval of the final map if the Council finds that conditions have not been
satisfactorilymet.
FISCAL IMPACT: None
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
No other departments are affected.
Attachments:
1 -Draft resolution
2-Map
3 -Agreement re: future Orcutt Rd.Overpass
4-County B/S conditions& Co.Plan.Comm.Resolution No. 89-81
5 -City Council Resolution No. 8502(1996 Series)
6-Final Map Checklist.
DevRev\...\U 714fmal map rep
C'S-�
RESOLUTION NO. (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1714
WHEREAS,the San Luis Obispo County Board of Supervisors approved the tentative map
for Tract 1714 by minute action on October 24, 1989,pursuant to certain findings and conditions,
along with certain conditions of development imposed by the San Luis Obispo County Planning
CommissionResolutionNo. 89-81,and
WHEREAS,the subject property has been subsequently annexed to the City of San Luis
Obispo,and
WHEREAS,the City Council made certain findings and approved a one year time
extension of the tentative map for Tract 1714,per Resolution No.8502(1996 Series),subject to the
County established conditions;and an additional one year automatic time extension of the tentative
map was subsequently granted by the State legislature,and
WHEREAS,all conditions required per said County Board of Supervisors action and
County Planning Commission Resolution No. 89-81 have been met and/or are to be recorded along
with the final map.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 1714 has
been found to be in substantial conformance with the tentative map and final snap approval
is hereby granted.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Cs-3
Resolution No. (1997 Series)
Page Two
the foregoing Resolution was passed and adopted this day of 1997.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Bonnie L. Gawf
Approved as to Form:
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RECORDING REQUESTED BY:
J. J. Parsons
AND WHEN RECORDED MAIL TO:
City Clerk
990 Palm St.
San Luis Obispo, Ca. 93401
APN: 053-231-026
AGREEMENT TO PARTICIPATE IN AND NOT OPPOSE FORMATION OF AN ASSESSMENT
DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF ROAD IMPROVEMENTS
THIS AGREEMENT is made and entered into this Seventh day of October,
1997, by and between J. J. Parsons hereinafter collectively referred to as
"Applicant", and the City of San Luis Obispo, a political subdivision of the
State of California, hereinafter referred to as "City" .
WITNESSETH
WHEREAS, Applicant is the record owner of real property situated in the
City of San Luis Obispo, State of California, hereinafter referred to as the
"subject property", which is more particularly described as follows:
"Tract Number 1714 in the City of San Luis Obispo, A.K.A.
3621, 3641, 3661, and 3681, Sacramento Dr, San Luis Obispo, Ca. ", and
WHEREAS, on August 24, 1989, pursuant to an application for a
Development Plan filed by the Applicant, the San Luis Obispo County Planning
Commission duly approved Development Plan D880384D authorizing development of
the subject property under Title 22 of the San Luis Obispo County Code; and
WHEREAS, a condition precedent to the approval of said Development Plan
(condition 14) requires that the Applicant enter into an agreement with the
County, on behalf of himself and his successors in interest, to waive his
right to protest the establishment of an assessment district for the
construction of road improvements in connection therewith in the area set
forth in paragraph 1 of this agreement; and
WHEREAS, the subject property has been subsequently annexed to the t1ty
of San Luis Obispo; and Cs�9
WHEREAS, execution of this agreement by Applicant and City, and
subsequent performance of its obligations by Applicant and his successors in
interest will satisfy the requirement imposed by the County Planning
Commission as a condition of approval of said Development Plan.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1. Construction of improvements. Applicant agrees to participate at
a future date, by bearing his proportionate cost under assessment district or
other proceedings lawfully providing therefor, in the construction and
installation of road improvements in connection therewith, upon demand by
City, when said public improvements are to be constructed and installed for
the Orcutt Road Southern Pacific Railroad (Now Union Pacific Railroad) Grade
Separation.
2. Formation of assessment district. Upon demand by City, Applicant
will participate in, and will not oppose, the formation of an assessment
district or other proceedings for the construction and installation of the
public improvements described in paragraph 1 above within the Area.
3. Waiver of right of protest. Applicant agrees, on behalf of himself
and his successors in interest, to waive the right to file or present any
oral or written protest against the establishment of an assessment district
or other proceedings by the City to construct and install the public
improvements described in paragraph 1 above within the Area.
4. Agreement runs with the land. This agreement shall run with the
subject property described above and shall be binding upon the Applicant and
all his assigns and successors in interest.
5. Indemnification. The Applicant, and his successors in interest,
shall defend, indemnify and save harmless the City of San Luis Obispo, its
officers, agents and employees from any and all claims, demands, damages,
costs, expenses, or liability occasioned by the performance or attempted
performance of the provision hereof, or in any way arising out of this
c5 -7
agreement, including, but not limited to, inverse condemnation, equitable
relief, or any wrongful act or any negligent act or omission to act on par
of the Applicant or of agents, employees, or independent contractors directly
responsible to the Applicant; providing further that the foregoing shall
apply to any wrongful acts, or any actively or passively negligent acts or
omissions to act, committed jointly or concurrently by the Applicant, the
Applicant's agents, employees, or independent contractors and the City, its
agents, employees, or independent contractors. Nothing contained in the
foregoing indemnity provisions shall be construed to require the Applicant to
indemnify the City against any responsibility or liability in contravention
of Section 2782 of the Civil Code.
6. , Effect of waiver. City's waiver of breach of any one term,
covenant, or other provision of this agreement, is not a waiver of breach of
any other term, nor subsequent breach of the term or provision waived.
7. Notices. Unless otherwise provided, all notices herein requires
shall be in writing, and delivered in person or sent by United States first
class mail, postage prepaid. Notices required to be given to City shall be
addressed as follows: City Clerk, City of San Luis Obispo, 990 Palm Street,
San Luis Obispo, California 93401. Notices required to be given to Applicant
shall be addressed as follows: J. J. Parsons, 3641 Sacramento Drive Suite
16, San Luis Obispo, California 93401.
Provided that any party may change such address by notice in writing to
the other party and thereafter notices shall be addressed and transmitted to
the new address.
8. Validity of other agreements. This agreement is in addition to,
and does not supercede, any other agreement or agreements entered into by and
between the parties hereto.
9. Invalidity. If any term, covenant, condition or provision of this
agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provision hereof shall remain in full
—_ Cs-7"O
force and effect and shall in no way be affected, impaired, or invalidated
thereby.
10. Agreement to be recorded. Applicant and City intend and consent
to the recordation of this agreement in the office of the County Recorder of
the County of San Luis Obispo.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement as
of the day and year first above written.
J. J. Parsons, Applicant
CITY OF SAN LUIS OBISPO
Mayor, Allen K. Settle
ATTEST:
City Clerk, Bonnie L. Gawf
APPROVED AS TO FORM:
toe , J?er eyG. Jorgensen
� � AMERI
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STATE OF CAL I ORNIA )
COUNTY OF q— ' �6 }ss.
On_a:Z e G � /yy 7 , before me, ��, J. Pp cJC
personally appeared Z
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person�,aj�whose name(,s'f is/are-
subscribed to the within instrument and acknowledged to me that he/sbe, y executed the same
in his/hefMteir authorized capacity(iea);and that by his/lie�eir signature,(s)'on the instrument the
personxor the entity upon behalf of which the person,FS'f acted, executed the instrument.
WITNESS my hand and official seal.
Signature
CORA G. POM
N ^�
COMM.11128725
js: No�ry Pubic-Cafifornia
San Luis Obispo County
My Comm.Exp.Mar.5,2001
(This area for official notarial seal)
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signatures not acknowledged
3008(1/90)(General)
First American Title Insurance Company
IN TrIE BOk- OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA
TUES day 24TH OCTOBER 89
PRESENT:Supervisors Harry Ovitt, William B. Coy, Evelyn Delany, David Blakely
Chairperson James Johnson
ABSENT: None
Re Tract 1714:
Tract 1714, a proposal by Parsons/Cuesta Engineering for a tentative tract map
to .allow a request to convert an 85,000 square foot industrial complex into 25
condominium units, in the •Industrial land use category. Located on the west
side of Sacramento Drive, north of Industrial Way, near the City of San Luis
Obispo, is presented for determination on consistency with the General Plan.
Jay Johnson - Planning Department recommends deletion of Condition No. 9;
summarizes staff report and recommendation. The Board makes various comments
regarding traffic mitigation fees, Airport Area Specific Plan in relation to the
overall planning area. Applicant Jay Parson seeks approval of the proposed
project from the Board. Matter is discussed and thereafter, on motion of
Supervisor Delany, seconded by Supervisor Blakely and being unanimously carried,
the Board deletes Condition No._9. and on the basis of the evidence presented to
it, . adopts the findings, recommendations and amended conditions of the
Subdivision Review Board, and finds that the proposed subdivision or land use,
together with the provisions for its design and improvement, is compatible with
the applicable aspects of the general plan and said tentative tract a is
approved _subject_to the findings and amended conditions of the Subdivision
Review Board; further, approves the Proposed Negative Declaration as outlined in
staff report.
cc - (2) Planning; Engineering; Environmental Coordinator; file
STATE OF CALIFORNIA, as.
County of San Luis Obispo,
FRANCIS M. COONEY
I
----------------------------------------------------------County Clerk and ex-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
27TH
WITNESS my hand and the seal of said Board of Supervisors,affixed this -----------------
OCTOBER 89
day of-------------------------,19-----•
FRANCIS M. COONEY
County Clerk and Ex•Offieio Clerk of the Board
(SEAL) of Supervison
B3 -- �'�--------------
Deputy Clerk.
ra•s. 7 B-3 SONDRA REINER
, • t
Department of Planning and Building
San Luis Obispo Count,
County Government Center
San Luis Obispo
California 93408
(805)549-5600
Paul C.Crawford,AICP
Director
OCTOBER 24, 1989
TO: BOARD OF SUPERVISORS
FROM: TERRY WAHLER, SENIOR PLANNER
VIA: PAUL C. CRAWFORD, DIRECTOR OF PLANNING AND BUILDING
SUBJECT: TRACT 1714 — PROPOSAL BY JAY PARSONS/CUESTA ENGINEERING FOR
A TENTATIVE TRACT MAP TO ALLOW A REQUEST TO CONVERT AN
852000 SQUARE FOOT INDUSTRIAL COMPLEX (UNDER CONSTRUCTION)
INTO 25 CONDOMINIUM UNITS, IN THE INDUSTRIAL LAND USE
CATEGORY. THE SITE IS LOCATED ON THE WEST SIDE OF
SACRAMENTO DRIVE, 500 FEET NORTH OF INDUSTRIAL WAY, IN THE
SAN LUIS OBISPO PLANNING AREA. COUNTY FILE
NUMBER: 5880229T. SUPERVISORIAL DISTRICT NO. 3
RECOMMENDATION FOR CONSISTENCY AND APPROVAL OF THE
TENTATIVE HAP, AND FOR APPROVAL OF THE PROPOSED NEGATIVE
DECLARATION
At a regular meeting of the Subdivison Review Board, the attached
subdivision was considered and is being referred to you for required
action and findings regarding consistency with applicable general plans.
Attachment
cc: County Engineer
County Health Department
TW/jm/394/4448k2-6
9/19/89
San Luis Obispo County Department of Planning and Building
i
II. PROJECT EVALIIATION
PILE NO: TRACT 1714 AGENDA DATE: SEPTEMBER 139 1989
APPLICANT/AGENT: JAY PARSONS/CUESTA ENGINEERING
APPROVAL(S) REQUESTED: TENTATIVE TRACT MAP
ENVIRONMENTAL DETERMINATION: CATEGORICAL EU MPTION
STAFF RECOMMENDATION: CONDITIONAL APPROVAL OF THE TENTATIVE TRACT MAP
PROJECT DESCRIPTION: A request to convert an 85,000 square foot industrial
complex under construction) into 25 condominium units.
PROJECT LOCATION
Planning Area: San Luis Obispo Community: San Luis Obispo
Site: West side of Sacramento Drive, 500 feet north of Industrial Way
Assessor Parcel Number(s): 74-431-26
Supervisorial District No.: 3
SITE CHARACTERISTICS
Area: 5.17 acres Topography: Generally level
Vegetation: Proposed landscaping
Water Supply: On-site well Sewage Disposal: On-site septic
Eazards: Moderate fire
Existing Use & Improvements: Four industrial buildings under construction
Fire Response Time: Less than 5 minutes
SURROUNDING LAND USES
North: UPS parcel service South: Manufacturing
East: Warehouse West: Mini-storage, Union building
GENERAL PLAN INFORMATION
Land Use Element Category:_ Industrial
Combining Designations: Airport Review
Planning Area Standards: Industrial: 2. Parcel Size
Open Space Plan Category: Non-Open Space
LAND USE ORDINANCE STANDARDS
22.04.030 - Minimum Parcel Size
445/4401k2
County Government Center, San Luis Obispo, CA 93408 - (805) 549-5600
II. PROJECT EVAI:IIATION
PROJECT VIEW
Background
The industrial complex under construction was approved in February, 1987
(D860046D — Parsons). Tt . is expected to be completed by the end of
September, 1989. Each unit is being built to 3,400 square feet. The
parking area, driveways and landscaping are proposed as common area.
Ordinance Compliance
The proposed c6nversion is in compliance with ordinance requirements which
allow condominium projects minimum lot/unit size to be established by the
Board of Supervisors through development plan approval.
RECOMMENDATION
After review of applicable general plans and other available information
and consideration of the proposed negative declaration, the Subdivision
Review Board recommends to the Board of Supervisors that the following
findings be made concerning the proposed subdivision.
1. That the proposed map is consistent with applicable county general and
specific plans;
2. That the design and improvement of the proposed subdivision are
consistent with applicable county general and specific plans;
3. That the site is physically suitable for the type of development
proposed;
4. That the site is physically suitable for the proposed density of
development proposed;
5. That the design of subdivision or the proposed improvements W-7.11 not
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
6. That the design of the subdivision or the type of improvement will not
conflict with easements, acquired by the public at large for access
through or use of, property within the proposed subdivision; or that
substantially equivalent alternate easements are provided;
7. That the proposed subdivision complies with Section 66474.6 of the
State Subdivision Map Act, as to methods of handling and discharge of
waste;
8. That the proposed subdivision be found consistent with the county .
zoning and the subdivision ordinance;
TRACT 1714
SEPTEMBER 13, 1989
PACE 2
445/440lk2
i
9. , That, on the basis of the Initial Study and any comments received,
there is no substantial evidence that the project may have a
significant effect on the environment.
Based on the above findings, the Subdivision Review Board recommends to
the Board of Supervisors that the subdivision be found consistent with the
General Plan and that it be approved in accordance with Sections 66412.3,
66473 and 66474 of the Subdivision Map Act, and Section 21.48.080 of the
Real Property Division Ordinance; and that the negative declaration be
approved in accordance with State CEQA Guidelines Section 15074b and
Public Resources Code Section 21080c.
Provided that a finding of consistency is made and the application
ultimately approved, the following conditions are hereby established
regarding the'design and improvements of the proposed subdivision.
CONDITIONS OF APPROVAL
Airport Land Use
! 1. The property owner shall grant an avigation easement to the county of
San Luis Obispo via an avigation easement document prepared by the
county. The avigation easement document shall be reviewed and
approved by County Counsel prior to issuance of a building permit.
Traffic Impact Mitigations
r� 2. Prior to recordation of the final map, the applicant shall contribute
$1,960 to the signalization of the intersection of Capitolio Way and
Highway 227. Pees are to be paid to the appropriate fund established
by the city of San Luis Obispo. Written verification shall be
/ submitted.
C-
Street Improvements
3. Prior to recordation of the final map, the applicant shall complete
and repair street frontage improvements including curb, gutter, and
sidewalk according to the city of San Luis Obispo standards.
4. Obtain encroachment permits from the city of San Luis Obispo, if
necessary.
Covenants, Conditions and Restrictions
5. The developer shall establish covenants, conditions, and restrictions
for the regulation of land use, control of nuisances and architectural
TRACT 1714
SEPTEMBER 13, 1989
PAGE 3
445/4401k2
C!-i7
control of all buildings and facilities. These CC&Rs shall be
administered by the subdivision property owners' association. These
CC&Rs shall be submitted to the county Department of Planning and
Building for review and approval.
6. The developer shall form. a property owners' association for the area
within the subdivision, so as to administer the CC&Rs as noted above,
and it shall conform to the requirements of the State Department of
Real Estate.
7. The developer at a minimum shall provide the following provisions in
the CC&Rs:
a. Maintenance of all common areas including landscaping and signs.
b. Maintenance of septic system
c.. Restrictions from using the parking areas and driveways for
activities -other than parking, circulation or loading.
d. Control of all exterior lighting to be directed away from public
roads or adjacent properties.
e. A uniform sign program that is consistent with the conditions of
approval and the Land Use Ordinance.
8. The CC&R's and condominium management documents must be approved by
the State Department of Real Estate, as required by the ;State Business
and Professions Code. These documents are to be recorded with the map.
Water Supply and Sewage Disposal
9. Prior to the filin, of the tract map, the applicant shall submit to
and be jointly approved by the county Department of Planning and
;U) A) Building and Health Department, results of percolation tests and the
log or logs of soil borings performed by a registered civil engineer.
For this purpose, the applicant shall perform one or more soil borings
P9
to be a minimum depth of ten (10) feet in the area of the appropriate
area of the proposed sewage disposal system to determine the: a)
subsurface soil conditions, (example: impermeable strata which act as
barriers to the effective percolation of sewage) ; b) presence of .
groundwater; c) separation between sewage disposal saturati areas and
groundwater; d) borings shall be as deep as necessary below the
proposed on—site disposal area to assure required separation. The
applicant must perform a minimum of three (3) percolation test. holes,
to be spaced uniformly in the area of the proposed sewage disposal
system.
TRACT 1714
SEPTEMBER 13, 1989
PAGE 4
445/4401k2
Cs�70
SEPTEMBER '13,.1989 -SUBDIVISION REVIEW,BOARD MEETING
Subdivision•Reviev Board:Members.-in!•Attendance:
Chairperson: Pat Beck
County Engineering: Mike Goodwin
County Planning and Building: Mike Draze
Planning Commissioner: -David Oakley
Others in Attendance:.:
Planning and Building: Karen Nall
CalifornJa Department of Forestry: Larry Flagg
i
DISCUSSION.
Mike Goodwin notes that Environmental Health requests percolation test
and soil borings prior to final map.
ACTION .
The Subdivision Review Board adopted the preliminary staff report as
amended.
JJ/jm/445/440lk2
TRACT 1714
SEPTEMBER 132 1989
PAGE 5
445/440lk2
CS-l�'
PLANNING COMMISSION
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
I
August P4, 1989
PRESENT: Commissioners Don Keefer, Tom Maxwell, Fabian Romano, Ken
Schwartz, Henry Wachtmann, Chairman David Oakley
ABSENT: None
RESOLUTION NO. 89-81
RESOLUTION RELATIVE.TO THE GRANTING
OF A DEVELOPMENT PLAN
WHEREAS, The County Planning Commission of the County of San Luis
Obispo, State of California, did, on the 24th day of August, 1989, grant
a Development Plan to JAY PARSONS to allow a conversion of an industrial
complex into a 25 unit industrial condominium in the Industrial Land Use
Category. The property is located on the west side of Sacramento Drive
500 feet north of Industrial Way, San Luis Obispo Planning Area. County
File Number: D880384D.
WHEREAS, The Planning Commission, after considering the facts
relating to said application, approves this Permit subject to the
Findings listed in Exhibit A.
WHEREAS, The Planning Commission, after considering the .facts
relating to said application, approves this permit subject to the
Conditions listed in Exhibit B.
C7'eZ
NOW, THEREFORE, BE IT RESOLVED, That the Planning Commission of the
County of San Luis Obispo,. State of California, in a regular. meeting
assembled on the 24th day of August, 1989, does hereby grant the
aforesaid Permit, No. D880384D.
If the use authorized by this Permit approval has not been established or
if substantial work on the property towards the establishment of the use
is not in progress after a period of twenty—four (24) months from the
date of this approval or such other time period as may be designated
through conditions of approval of this Permit, this approval-shall expire
and become void unless an extension of time has been granted pursuant to
the provisions of Section 22.02.050 of the Land Use Ordinance.
If the use authorized by this Permit approval, once established, is or
has been unused, abandoned, discontinued, or has ceased for a period of
six months (6) or conditions have not been complied with, such Permit
approval shall become void.
On motion of Commissioner Romano , seconded by
Commissioner Wachtmann , and on the following roll call vote,
to—wit:
AYES: Commissioners Romano, Wachtmann, Keefer, Maxwell, Schwartz,
Chairman Oakley
NOES: None
ABSENT: None
the foregoing resolution is hereby adopted.
/s/ David Oakley
Chairman of the--Planning Commission
ATTEST:
/s/ Diane R. Tingle
Secretary, Planning Commission
1450L
FINDINGS
A. The proposed project or use is consistent with the San Luis Obispo
County General Plan because there is no change in use proposed. The
approved uses are allowable under the San Luis Obispo Area Plan.
B. As conditioned, the proposed project or use satisfies all applicable
provisions of Title 22 of the County Code.
C. The establishment and subsequent operation or conduct of the use will
not, because of the circumstances and conditions applied in the
particular case, be detrimental to the health, safety or welfare of
the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements
in the vicinity of the use because no change in use or site operation
is proposed.
D. The proposed project or use will not be inconsistent with the
character of the immediate neighborhood or contrary to its orderly
development because the physical aspects of the project will change
only to conform with the city of San Luis Obispo street frontage
standards.
E. The proposed project or use will not generate a volume of traffic
beyond the safe capacity of all roads providing access to the project,
either existing or to be improved with the project because the
applicant shall contribute to future circulation improvement programs.
CS! ��
EXHIBIT D880384D:A
CONDITIONS OF APPROVAL
Authorization
1. This approval authorizes the establishment of an 85,000 square foot
industrial complex as a single property or as a 25-unit condominium on
Parcel 2 of CO 78-033. Approval of a tentative map is required to
establish condominiums.
2. The following uses are authorized:
- Broadcasting studios
- Contract construction
- Temporary offices (construction period only)
- Accessory storage
- Stone and cut stone
- Transmission facilities
- Vehicle storage
- Collection stations
- Transit stations and terminals (except passenger facilities)
- Concrete, gypsum and plaster products
- Farm equipment and supplies
- Food and kindred products
- Lumber and wood products
- Machinery manufacturing
- Plastics and rubber products (recapping only)
- Small scale manufacturing
- Structural clay, pottery-related products
- Vehicle and freight terminals
- Warehousing
- Wholesaling and distribution
- Office uses and retail sales shall be incidental only to a manufac-
turning use. Other retail sales to the general public are not
allowed.
- Auto repair and services (limited to auto repair only as a principal
use; washing and waxing allowable as an accessory use only;
vehicle renting or leasing is not allowed) shall require a
separate Minor Use Permit.
The adoption of the Airport Area Specific Plan shall supercede the
above list and dictate allowable uses and level of processing.
Review of Uses
3. Proposed specific uses of the structures shall be subject to review and
approval of any change in building occupancy by the Building Division
of the Department of . Planning and Building prior to issuance of a
business license. Proposed uses shall . also be subject to the review
and approval of the Development Review Section of the Department of
Planning and Building to determine conformity with applicable Land Use
Element planning area standards, Land Use Ordinance requirements, and
conditions of this approval.
4. The review in condition 3 shall include a referral to the Air Pollution
Control District and County Environmental Health for their review.
Site Development
5. Site development shall be consistent with the approved site plan.
Landscaping
6. Submit landscape, irrigation, landscape maintenance plans and
specifications as required by Sections 22.04.180 through 22.04.186 of
the Land Use Ordinance to. the Development Review Section of the
Department of Planning and Building fcr review and approval before
establishment of the use. The plans shall provide for the following:
a. Four foot-wide landscape buffer along the north and south site
boundaries.
b. Drought tolerant species.
c. Provisions of trees within the landscape buffer to be located no
more than fifty feet apart to screen the buildings.
d. Landscaping of at least 5% of the interior of the parking areas.
e. Landscaping in the front setback area to contain a mixture of trees,
shrubs, groundcover, and decorative rocks.
f. Street trees per city of San Luis Obispo standards.
7. Landscaping in accordance with the approved landscaping, plan shall be
installed or bonded for before establishment of the use. If bonded
for, landscaping shall be installed within (60) days after final
building inspection and thereafter maintained in a viable condition on
a continuing basis.
Cy Z y
Wastewater
8. If waste water 'flows exceed 2,500 gallons per day, sewage disposal
shall be in accordance with the waste discharge requirements issued by
the Regional Water Quality Control Board.
Airport Land Use
9. The property owner shall grant an avigation easement to the county of
San Luis Obispo 'via an avigation easement document prepared by the
county. The avigation easement document shall be reviewed and approved
by County'Counsel prior to issuance of a building permit.
10. Electro-magnetic transmissions which would interfere with the operation
of aircraft shall be prohibited.
11. Soundproofing to be installed as needed per state guidelines.
12. Bulk storage of chemical products shall be underground.
Traffic Impact Mitigations
nn (ti 13. rior to establishment of the use, the applicant shall contribute
dL $1,960 to the signalization of the intersection of Capitolio Way. Fees
are to be paid to the appropriate fund established by the city of San
L� i � Luis Obispo. Written verification shall be submitted.
Street Improvements
14. The applicant shall enter into an agreement with the county to waive
the right to protest the establishment of future assessment districts
by the county or city of San Luis Obisdpo for road improvements to
' n`� �L#� , : extend SarramPnrn 1�+i„e to Orcutr Road and for a grade separation
j� 61 between Orcutt d and the c Railroad. The form of
�� this agreement shall a approved by County Counsel. -
r � n 15. Prior to final building inspection, the applicant shall complete and
C'f(tf� repair street frontage improvements including curb, gutter, and
sidewalk according to the city of San Luis Obispo standards.
16. Obtain encroachment permits from the city of San Luis Obispo, if
necessary.
Covenants, Conditions and Restrictions
If the project is developed as a condominium condition 17 - 20 shall apply:
17. The developer shall establish covenants, conditions, and restrictions
for the regulation of land use, control of nuisances and architectural
control of all buildings and facilities. These CC&Rs shall be
administered by the subdivision property owners'association. These
CC&Rs shall be submitted to the county Department of Planning and
Building for review and approval.
18. The developer shall form a property owners' association for the area
within the subdivision, so as to administer the CC&Rs as noted above,
and it shall conform to the requirements of the State Department of
Real Estate.
19. The developer at a minimum shall provide the following provisions in
the CC&Rs:
a. Maintenance of all common areas including landscaping and signs.
b. Maintenance of septic system.
c. Restrictions from using the parking areas and driveways for
activities other than parking, circulation or loading.
d. Control of all exterior lighting to be directed away from public
roads or adjacent properties.
e. A uniform sign program that is consistent with the conditions of
approval and the Land Use Ordinance.
20. The CC&R's and condominium management documents must be approved by.the
State Department of Real Estate, as required by the State Business and
Professions Code. These documents are to be recorded with the map.
Signage
21. Prior to issuance of sign permits, the applicant shall submit a uniform
sign program to the Development Review Section of the Department of
Planning and Building for review and approval. The program shall, at a
minimum specify dimensions, materials used and location. One common
identification sign is authorized for the street frontage not to exceed
60 square feet. Each unit sign shall not exceed 12 square feet.
22. Each unit sign shall obtain a sign permit.
91/1118j
C'S Zoo
RESOLUTION NO. 8502 (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE-YEAR TIME EXTENSION FOR
FILING THE FINAL MAP FOR TENTATIVE TRACT MAP NO. 17141
LOCATED ON THE WEST SIDE OF
SACRAMENTO DRIVE, NORTH OF INDUSTRIAL WAY
(3641 SACRAMENTO DRIVE)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinsz . 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 a one-year time extension for filing the final map for.
Tentative Tract Map No. 1714 is granted to October 24, 1996, subject to the original findings and
conditions of tentative map approval, as specified in previous County of San Luis Obispo documents -�
(minutes of Subdivision Review Board meeting dated 9-13-89, and as further approved by the Board
of Supervisors in their minute order of 10-24-89).
On motion of Connri 1 Mamh2r Wi 1 l i aloconded by Counr;1 Mamhar Sm on the
following roll call vote:
AYES: Council Members William, Smith, Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this— 9 day of march , 1996.
R-8502 _
CS Z 7
r
City Council Resolution No. 8502 (1996 Series)
Page 2
Mayor Allen K. Settle
ATTEST:
C CIe
by Kim Condon, Asst. City Clerk
APPROVED:
ty to ey
I.A=UimccnaPP
city of San LUIS OBISp0
- ". FINAL MAP APPROVAL CHECKLIST
PROJECT NAME 30141 .5,fC4.*-tff ITD (�2 — U f SO�/S ��/OdSTRi/tt Cativo
DESCRIPTION � 6- 6Nwr
MAP NUMBER (a�'kT �7ig SPECIFIC PLAN REZONING GEN.PLAN
USE PERMIT VARIANCE ARC OTHER
PUBLIC IMPROVEMENT CONDITIONS
# DESCRIPTION INITIAL DAT COMMENTS
1 GRADING Including planting &retaining walls Gf £ PX
2 STORM DRAINS&DRAINAGE STRUCTURES C Nf/E 3iG
3 SEWERS&SERVICES G
4 WATERLINES&SERVICES
5 FIRE HYDRANTS
6 CONCRETE
Curbs and Gutters
Sidewalks
Driveways
7 STREETS & PAVING
Pavement
Signing, striping and curb palnting
8 NON-CITY UTILITIES
P.G.&E. — Electrical
Street Lights
Cable TV
Telephone Co. j
Gas Company
9 FEES RECEIVED(Weser,Sewer)
rz •i0u3G y V1, '(}/
10 PUBLIC IMPROVEMENTS payments received CE[f 'v. �• .,� fi:
11 AGREEMENT CONDITIONS have been met 0 d b
12 MONUMENTATION L
13 STREET TREES L
14 OFFSITE WORK
15 BONDIGUARANTEE deposited
16 PARK dedication or In-lieu fees
17 De osit Account Status
OTHER CONDITIONS
18 Board of Adjustments
19 Planning Commission G�
20 Architectural Review Commission
21 City Council [u 3
'2 Abandonments
23 Other
ATTACH LIST OF CONDITIONS &SUBDIVISION AGRREMENT COMMUNITY DEVELOPMENT AP V
5281 PUBLIC SERVICES APPROVAL �'�n� — C'