HomeMy WebLinkAbout01/06/1998, C7 - CONSIDERATION OF A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2139, A 9-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 533 PISMO STREET ON THE EASTERN CORNER OF PISMO AND BEACH STREETS (TR 138-93)council Me i,Da. 1_ 6_yg
AGen6A REpoRt hem Number
CITY OF SAN LUIS O BISPO
FROM: Arnold Jonas, Community Development Director �o
By: Michael Codron, Planning Technician
SUBJECT:
Consideration of a one -year time extension for filing the final map for Vesting Tract Map No.
2139, a 9 -unit residential condominium project at 533 Pismo Street on the eastern corner of
Pismo and Beach Streets. (TR 138 -93)
CAO RECOMMENDATION:
Adopt attached Resolution "A" approving the requested one -year time extension for filing the
final map for Vesting Tract Map No. 2139, subject to all the findings and conditions of
tentative map approval.
DISCUSSION:
Situation
The tentative map was approved on November 30, 1993. Tentative map approval is good for
two years. A final map must be filed before the expiration date or the tentative map approval
becomes null and void, unless an extension of time is requested and granted. The applicant
submitted a one -year extension request on November 22, 1995. Council Resolution No. 8474
(1996 Series) granted the time extension for the filing of the final map until November 30,
1996. An automatic extension of one year, pursuant to Section 66452.13 of the Subdivision
Map Act, extended the time for recording the final map to November 30, 1997. This property
recently changed ownership from the original subdivider, Derek Eastwood, to the current
property owner, RS Properties, LLC. On November 23, 1997 RS Properties, LLC requested
an additional one -year time extension since they intend to complete the project. Please refer to
applicant's attached letter.
If approved this would be the second one -year time extension granted and will expire on
November 30, 1998. The applicant is allowed a maximum of three one -year time extensions.
Data Summary
Subdivider/Property Owner: RS Properties, LLC
Representative: Ray Crosno, managing member RS Properties, LLC
Zoning: R -3 -H (Medium- high - density Residential in an Historic district)
Environmental Status: Extension Requests Not Subject to CEQA
c�7-/
Council Agenda Report - TR 138 -93 Time Extension
Page 2
Site Description
The nearly level site is roughly one -half acre in size at the comer 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.
Project Description
The tract map is required to complete the condominium conversion originally approved in
December 1992. 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 condominium conversion will not noticeably change the
appearance of the site.
Conclusion
It has been the City's policy to support time extensions if there are extenuating circumstances
which make the extension necessary and there have been no changes in policy affecting the
project approval (e.g. new information and /or amended zoning or general plan land use
standards).
Staff feels that the applicant has legitimate reasons for project delays due to the recent change
of ownership. In addition, there have been no changes in zoning or the General Plan that
would affect the tentative map approval.
ALTERNATIVES
1. Deny the requested one -year time extension.
If the Council denies the time extension, the tentative tract map becomes null and void. The
existing apartments could not then be converted to condominiums, allowing sale of individual
units.
NOTE: The City Council may approve or deny the request for an extension of time.
However, the City Council may not change, delete or add conditions of
approval (El Patio v. Permanent Rent Control Board of the City of Santa
Monica, Court of Appeals, 2nd District Division 1, October 6, 1980).
2. Continue consideration of the request with direction on information needed to render a
decision.
Council Agenda Report - TR 138 -93 Time Extension
Page 3
Attached: Resolution "A" approving time extension
Resolution "B" denying time extension
Vicinity map
Reduced size copy of Vesting Tentative Tract Map No. 2139
City Council Resolution No. 8244 (1993 Series)
Time extension request dated 11 -23 -97
Remaining items to be completed prior to map recordation
c �7- 3
Resolution "A"
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING
THE FINAL TRACT MAP FOR VESTING TENTATIVE
TRACT MAP NO. 2139 LOCATED ON THE EASTERN CORNER OF
PISMO AND BEACH STREETS (533 PISMO STREET).
WHEREAS the City Council approved a tentative map for Tract No. 2139 on November
30, 1993 for an effective period of 24 months; and
WHEREAS the applicants have previously received two one -year extensions (one by City
action on January 4, 1996 and one by the State Legislature - Govt. Code Sec. 66452.13) which
extended the life of the tentative map until November 30, 1997; and
WHEREAS the applicants have on November 23, 1997 requested a second one -year
extension.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Findinss. That this Council, after consideration of public
testimony, the subdivider's request, staff recommendations and reports thereon, found that there
have been no changes in land use policies or ordinances affecting the project approval and that
the one -year time extension is justified.
SECTION 2. Action. That Vesting Tentative Tract Map No. 2139 is
granted a one -year time extension to November 30, 1998, subject of the original findings and
conditions, as specified in City Council Resolution No. 8244.
e�- //
Resolution No.
Page 2
On motion of . seconded by . and on the
following roll call vote:
AYES:
NOES:
ABSENT:.
the foregoing resolution was passed and adopted this
of .1998.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
5A
day
Resolution "B"
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A ONE -YEAR TIME EXTENSION FOR FILING
THE FINAL TRACT MAP FOR VESTING TENTATIVE
TRACT MAP NO. 2139 LOCATED ON THE EASTERN CORNER OF
PISMO AND BEACH STREETS (533 PISMO STREET).
WHEREAS the City Council approved a tentative map for Tract No. 2139 on November
30, 1993 for an effective period of 24 months; and
WHEREAS the applicants have previously received two one -year extensions (one by City
action on January 4, 1996 and one by the State Legislature - Govt. Code Sec. 66452.13) which
extended the life of the tentative map until November 30, 1997; and
WHEREAS the applicants have on November 23, 1997 requested a second one -year
extension.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Findings. That this council, after consideration of public
testimony, the subdivider's request, staff recommendations and reports thereon, found that the
one -year time extension is not justified because:
1. The subdivider has not made reasonable progress toward installing subdivision
improvements; and
2. There are not extenuating circumstances that justify project delays.
SECTION 2. Action. That a one -year time extension for Vesting
Tentative Tract Map No. 2139 is denied.
e�?- 6
Resolution No.
Page 2
On motion of , seconded by . and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this
of ,1998.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
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VESTING TENTATIVE TRACT MAP 2139
FLOOR PLANS AND ELEVATIONS
533 PISMO STREET
SAN LUIS OBISPO, CALIFORNIA 93401
RESOLUTION NO. 8244 (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
follows:
BE IT RESOLVED by the Council of the City of San Luis Obispo as
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.
C 7 11
Resolution No. 8244 (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
homeownerg.
£ 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.
e iz
Resolution No. 8244 (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..
e 15
Resolution No.8244 (1993 Series)
Tract 2139
Page 4
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 30th day of November
1993.
Mayor Peg iinard
ATTEST:
C ferk Diane R. G1 dwell
APPROVED:
FA
RS Properties, LLC,156 Countryside Lane,San Luis Obispo,CA.,805 543 -3319 fax 805 546 -9436
November 23, 1997
TO: CITY OF SAN LUIS OBISPO
SUBJECT: 533 PISMO STREET,TRACT 2139,
RS Properties, LLC has recently obtained an interest in the property located at 533 Pismo Street,
San Luis Obispo,CA.. Also identified as tract number 2139. A map for tract 2139 was
prepared by the previous owner and expires on Nov. 30,1997. We here by request to
extend the expiration date of the map for tract 2139. Thank you for your consideration
of this matter.
Thank you ,
12 cz�-�
Ray Crosno,
managing member RS Properties LLC
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