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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: D , effre .Jorgenson t 1 f 135 •� �L/rr?moi i TIT C� .10 ¢0 o % AR s Ali3 xlz I . eA° ;. ANE °• �L• i QP \ 112 " a „ .� 97 .f7.,I lM1Y. .1 f ;:•,I�S59' �e.d\C..'.0 G. ry til -.. a S.n Lul.Ob m "* • ' t I2a2' uts SITE I rrfu;n.GnYon 7c , d LAND USE CATEGORIES toy " `"" d COMBINING DESIGNATIONS 1 .a... —v- .v r pa I EXHIBIT 7Qb03 'i� D', 3 �J mmm;w u•"3� ° D —°g N 9p r p;z=o .kO� i�� u) 33 �N9 � y/m�J ym 9 p3 m 'O'• V� q9= OIOU Ysa gym° Izl 3° tge m S 33 m E 2? 11 m SIS ti�� p�� $ ga 9 30� '°'' �� czi e: S�NI� 4yti SPP cn ssor fiq l Lk.^� may] �•.Off) �f� 7..(� P Di Pqr fb �n O. LJ (`i Z P" i „ fi T,�• �� J � ^ �J pQoP� YP pn � V p NP R N. Ila 0 s33 o s V P 05 1 'O �0'• Y 2 C'D i'6�, ♦O O zh CS m � p U to g G1 i o° �a 60 0 y G 7 y ¢u n 911Zt 3.til,lL9Z5 ,O o D Z 0 cn �g y 5w° m O N g h O � w 4p _ o O o m 0 0 CS"-� . y��(l�f�G _ - I• a.rAl�Q� �•f'tAy �ir9rewrsNvwrireiY �.. �-- - _.. i Ax 7/r7iCAV7 NONAN". 1 •a A 4X ` \j Ar h y 1 \ V x �; i};. .—...__..... .---- ,fY 1 S aS1 J1Af7 / A/A17 — �1 to G ►err xir. �n s74A7 _ 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 —O 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) F f Document f Document No. of Pages 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'