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Home My WebLink About09/07/1999, 5 - CONSIDERATION OF A SECOND ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2134 (PARKSIDE RESEARCH) AT 953 ORCUTT ROAD (TR 220-92) n council JL acEnOA RCPO it =5n° C I T Y O F SAN LU 15 O B 1 S P 0 FROM: Arnold Jonas, Community Development Director ° Prepared By: Peggy Mandeville, Associate Planner/M SUBJECT: CONSIDERATION OF A SECOND ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TRACT MAP NO. 2134 (PARKSIDE RESEARCH)AT 953 ORCUTT ROAD (TR 220-92). CAO RECOMMENDATION Adopt a resolution approving the requested one-year time extension for filing the final map for Vesting Tract map No. 21.34 (TR 220-92), subject to all the findings and conditions of tentative map approval. DISCUSSION The tentative map for the Parkside Research development was approved by the City Council on August 31, 1993. Council Resolution No. 8205 (1993 Series) granted approval of the tentative map for an initial time period of two years. Two separate automatic extensions totaling three years, pursuant to Sections 66452.11 and .13 of the State Subdivision'Map Act, extended the deadline for recording the final map to August 31, 1998. Last year the applicant applied for and received approval of a one year time extension that extended his tentative map approval until August 31, 1999. Now the applicant has submitted a request for another one-year extension. This extension request would be the second of three one-year time extensions that is provided for in State law and City Subdivision Regulations. 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 prior to the expiration date. Action on the request by the original approving body may take place before or after the map's expiration date. It has been the City's practice 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 (i.e. new information and/or subsequent amendments to the zoning or general plan that would affect the tentative map approval). In this case, the property has changed ownership and the new owners are in the process of completing project improvement plans. Although the project was approved with an earlier General Plan Land Use Element in effect, the approved tentative map is still consistent with the current Services and Manufacturing land use designation and development policies that now apply to the property. Staff feels that the applicant has a legitimate request for a time extension and that additional time offered by the Subdivision Map Act and City ordinances will allow him to complete this subdivision. Staff therefore supports the requested one year extension to August 31, 2000. 5-1 Council Agenda Report—TR 220-92 Time Extension Page 2 ALTERNATIVES 1. Deny the requested one-year time extension. If the Council denies the time extension, the tentative map becomes null and void. The applicant would then need to reapply for the project through the regular development review process. 2. Continue consideration of the request with direction on information needed to render a decision. 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) ATTACHMENTS 1. Resolution approving the time extension 2. Resolution denying the time extension 3: Vicinity Map 4. Vesting Tentative Map 5. City Council Resolution No. 8205.(19903 Series) 6. Time Extension Request 5-2 Attachment #1 RESOLUTION NO. (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SECOND ONE-YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE MAP NO. 2134 (TR 220-92) LOCATED AT 953 ORCUTT ROAD WHEREAS, The City Council approved a tentative map for Tract 2134 on August 31, 1993 for an effective period of 24 months; and WHEREAS, the State Legislature has on two separate occasions granted automatic time extensions that extended the initial life of the tentative map until August 31, 1998; and WHEREAS, the City Council granted a one-year time extension on August 31, 1998, extending the initial life of the tentative map until August 31, 1999; and WHEREAS, the applicant has requested a second one-year extension pursuant to the State Subdivision Map Act and City Ordinances. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council finds and determines 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. Approval. The request for approval of the second one-year time extension for Tract Map No. 2134 is hereby approved subject to the original findings and conditions, as specified in City Council Resolution No. 8205. SECTION 3. The new expiration date for the tentative map is August 31, 2000. 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 11999. Mayor Allen Settle ATTEST: City Clerk, Lee Price 5-3 Resolution No. (1999 Series) Page 2 APPROVED AS TO FORM: y rn Jef or sen 5-4 Attachment 42 RESOLUTION NO. (1999 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 MAP NO. 2134 (TR 220-92) LOCATED AT 953 ORCUTT ROAD WHEREAS, The City Council approved a tentative map for Tract 2134 on August 31, 1993 for an effective period of 24 months; and WHEREAS, the State Legislature has on two separate occasions granted automatic time extensions that extended the initial life of the tentative map until August 31, 1998; and WHEREAS, the City Council granted a one-year time extension on August 31, 1998, extending the initial life of the tentative map until August 31, 1999; and WHEREAS, the applicant has requested a second one-year time extension pursuant to the State Subdivision Map Act and City Ordinances. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council, after consideration of a request for a one-year time extension for Tract Map No. 2134, makes the following findings: (Council to insert findings here) SECTION 2. Denial. The request for approval of the second one-year time extension for Tract Map No. 2134 is hereby denied. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this_day of ' 1999. Mayor Allen Settle ATTEST: City Clerk, Lee Price 5-5 Resolution No. (1999 Series) Page 2 APPROVED AS TO FORM: City Attorney Jeff Jorgensen 5-6 L) i ul FM 0 NX rr ROSE .21 llmlk- .... Lo Z� Ll Egz; CNN .......... ... ....... Ism- c3wc3td NWMr-Jr-IC3 :P--. 'A 0 ijljv� CL .Flis 10 OP-0 ul I - C\j ----------------- ------------- cm vl� 5-7 � I � x ? Q •., iz E�i rz cm = E 0 fill E /. P•� W _ _ _ I' Q � �.e tui ::18 Q •m. Is To - DO ; :a > �; �� i.......__. . ITIS °1[Es[FEFEI o� L CIL rn 7 woo O • ` � � ' t g `\ _moo. . .� o-U � ' 1C OR ca[ _ 3 g T-- 1 s• y• . Efit 1 �_ a p _ \ •� ,_ I .``� � dy ..��§fid :'s � • .e V . W01d i 03 W 0 a Ui J , m m a la t ),do i t cx o E III l i l I i t i 6 !9 ;p 9 Q ci Tip i ' i.cc- EIS , P .'f' :•; 3 t . .. - •E - . , i - v o ,ills •E E:! '-!: uIE' ; �S� lG.ti W S1S . lE"l1P7 � y E ° eil it =1: ! •` StE iS li::ii3 �el;i;; c �� ISF .3:`e 1 l: W •[ilt iti[e[i[:1t'[it i:ElaE__ ii 5_8 RESOLUTION NO. 8205 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. •2134. LOCATED AT 953 ORCUTT ROAD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 2134 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the M-PD zone. 3. The design of the subdivision is 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 will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The proposed project has been granted a negative declaration of environmental impact based on various mitigation measures being incorporated into the project, as identified in the ordinance approving Planned Development Rezoning PD 220-92. SECTION 2. Conditions. The approval of the tentative map for Tract 2134 is subject to the following conditions: 1. Subdivider shall obtain approval of rezoning application PD 220-92. 2. This vesting map shall confer a vested right to proceed with development in accordance with the ordinances, policies and standards described in Section 66474.2 of the Subdivision Map Act, and including all provisions of the ordinance approving Planned Development Rezoning PD 220-92. Environmental impact mitigation measures identified in the ordinance approving Planned Development Rezoning PD 220-92 shall be conditions of approval of this vesting tentative map. 5-9 Resolution No. 8205 (1993 Series) Tract 2134 Page 2 3. Phase II of the development will require the public street to extend to at least the southerly driveway serving building #4. This is subject to change if the developer; changes the phasing proposed. 4. The extended public street will be named Sacramento Drive. 5. A common driveway/maintenance agreement is necessary for common parking areas. Frontage Improvements 6. Subdivider shall install the required Orcutt Road frontage improvements (curbs, gutters, 4' detached sidewalk, including culverts and parkway landscaping, at the ultimate alignment established by the City Council (110 ft R/W), to the satisfaction of the City Engineer. Subdivider shall install necessary pavement, signing and striping to accommodate left turn pockets for both directions and necessary transitions at both ends of his project, to the satisfaction of the City Engineer. Subdivider shall pay to the City, the cost of additional remaining Orcutt Road pavement to accommodate the ultimate street section (to be included in a future City project), to the satisfaction of the City Engineer. 7. City will pay for additional Orcutt Rd. R/W dedication (indicated on the tentative map). The amount shall be negotiated between the property owner (or his representative) and the City and shall be based on fair market value. 8. Access rights along Orcutt Rd. shall be dedicated to the City. 9. The subdivider shall dedicate a 10' wide (minimum) public utility easement and 10' wide street tree easement along all public street frontages, to the satisfaction of the City Engineer and public utility companies. 10. The proposed public street shall be designed as a 60' R/W with 44' curb to curb, 8' parkways with 6' wide integral sidewalks. Pavement/base section shall be designed with a TI=8 (decorative pavement in the public RIW will not be permitted). A bicycle lane shall be provided on each side of the street, and parking shall be _. prohibited on the west side of the street.—The bridge section shall include two 12 foot driving lanes, two 5 foot bike lanes, and an 8 foot sidewalk on one side. Upon connection to Sacramento Dr., the roadway shall transition to meet the existing curb alignment of Sacramento Dr., to the satisfaction of the City Engineer. The street 5-10 Resolution No. 8205 (1993 Series) Tract 2134 Page 3 profile and building sites shall be designed to accommodate the existing grades of Orcutt Rd. and the future grade changes required for the railroad overpass. 11. A median island in the new street will not be permitted. 12. Phasing of the construction of the public street shall provide for the ultimate street section and pavement life (per the City's Pavement Management Plan) at the end of the phase III. The subdivider's engineer shall include this requirement in the public improvement plans, to the satisfaction of the City Engineer. 13. Driveway ramps (or alley-type entrances with minimum radii of 30') shall be constructed per City standards in lieu of the street type driveways proposed, to the satisfaction of the City Engineer. 14. The subdivider shall construct a bus stop on Orcutt Rd (shelter, signing, trash receptacle, etc...), on the southerly side of Orcutt Rd and westerly of the new street, to the satisfaction of the City Engineer. 15. The subdivider shall install street lighting per City standards, including off-site street lighting along roadways leading to and from the proposed development, to the satisfaction of the City Engineer. Street Trees 16. Street trees are required to be planted per City Standards (the number of trees are determined by one tree required for each 35 linear feet of street frontage) at the time of lot developments. An exception shall be for any trees required as part of mitigation measures established by the Dept. of Fish & Game. In no case, shall any tree be planted in a location which may be in conflict with any earth fill, retaining walls, etc...associated with a future railroad overpass. Species: As determined by the City Arborist. Water, Sewer & Utilities 17. Construction of the public sewer main through to the Sacramento Drive sewer main must occur as part of phase I of the development (including any necessary improvements required to cross the creeks). 18. Any sewer mains outside of dedicated public right-of-way shall be privately owned and maintained by the property owner's association. 5-11 Resolution No. 8205 (1993 Series) Tract 2134 Page 4 19. Sewer lift station charges are required to be paid prior to recordation of the final map as determined by the City Engineer and Utilities Engineer. ($4,143.83) Fees can be incrementally paid with each phase of the development at the time of building permit issuance subject to the approval of the City Engineer and Finance Director. 20. The final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to change to the satisfaction of the City Engineer and Utilities Engineer. 21. The subdivider shall dedicate an easement for the public water system over all parking areas (including planters and raised medians) within lots 3-7, to the satisfaction of the City Engineer and Utilities Engineer. The easement is for operation, maintenance, repair, and replacement of the public water distribution system. 22. The proposed looped on-site water main, service laterals and meters (serving lots 3 - 6) shall be an extension of the public water system. The 8" dead-end water line between lot 5 and lot 6 shall be privately owned and maintained. 23. .-.The public water main may be phased with the approval of the Fire Department with regards to required fire flows. The City will participate in any line upsizing of public water mains (increases above the size required to provide fire flow or the City's 8" minimum, whichever is larger). 24. The public street must be constructed through to Sacramento Drive as part of phase 3. 25. Water services, water meters and fire lines serving lot 7 shall be connected to the water main in the new public street, not from the on-site water main. 26. The subdivider shall underground all existing overhead utilities along the southerly property frontage of Orcutt Rd, to the satisfaction of the City Engineer and utility companies. Site, Grading & Drainage 27. All bridging or other modifications to the existing creek channels must be in compliance with the City's Flood Management Policy Book (specifically regarding clear spanning of creeks, etc...) and approved by the City Engineer, Corp of Engineers and Fish & Game and must meet City standards and policies. The crossing of the southerly creek channel for the connection to Sacramento Drive shall be designed as a bridge or free span arch. No pipe culverting of this channel shall be allowed. 5-12 Resolution No. 8205 (1993 Series) Tract 2134 Page 5 28. Clearing of existing creek and drainage channels, including any tree pruning or removals, and any necessary erosion repairs shall be to the satisfaction of the City Engineer and the Dept. of Fish & Game. 29. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the City Engineer. Traffic 30. Traffic impact fees listed as a condition in the Ordinance rezoning the property to M- PD (PD 220-92) shall be paid prior to issuance of building permits for Phase I. 31. The City is expected to adopt a new traffic impact fee ordinance sometime in 1993. That ordinance may impose additional traffic fees, and/or may allow credit for fees itemized above. 32. The subdivider shall be entitled to reimbursement for excessive costs incurred to install the major bridge.(or free span arch), and water main within the bridgelarch limits at the southwest corner of the tract in order to extend Sacramento Drive to Orcutt Road. The reimbursement will be based on costs in excess of the developer's responsibility of 20/60 (33.33%) of the final cost for the work, excluding base, pavement, sidewalks and railings, water main within the area of the bridge/culvert and other utilities, in accordance with provisions of Municipal Code Section 16.44.091. Such reimbursements shall be paid to the subdivider only when and if prorated shares are collected from the developers of new projects which benefit from this improvement, as determined by the City Engineer, and subject to an agreement, as prescribed in said regulations. Other 33. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc..., shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. A 5-1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. 5-13 Resolution No. 8205 (1993 Series) Tract 2134 Page 6 On motion Of Council Member Romero , seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 31st day of Auiust , 1993. Mayor pf Pinard ATTEST: c i Plerk Dian R. Gl ell APPROVED: 'dt` tt�j 5-14 The SLO Partners 3940 Dominion Road 805-937-9063 tele Santa Maria, California 93454 805-937-8418 fax July 6, 1998 RECEIVED JUL 20 1998 Ronald Whisenand QTY OF SAN LUIS OBISPO Community Development Department ''OMMUN;T Y DEVELOPMENT P.O. Box 8100 San Luis Obispo, CA 93403 Dear Mr. Whisenand, Regarding TractlP.M. No. 2134 City File # 220.92, we request a one year extension of time to record this map. Thank you for your attention to this matter. Sincere , an J. Beko 5-15 The SLO Partners 3940 Dominion Road 805-937-9063 tele Santa Maria, California 93454 805-937-8418 fax 14 .10v 1499 RECEIVED City Of San Luis Ubisoo JUL 19 1999 Cumminitv Develonment Denartment CI I Y OF SAN LUIS OBISPO 990 Palm Street COWkNITY DEVELOPMENT San Luis Obispo. CA 93403-8100 .Attn: Mr. Ron Whisenand Dear Mr. Whisenand: This letter is a request to grant us a one vear extension on the time limit.to obtain a final man for tract 2134. My understanding is that the current tentative map expires on 31 August 1999. Please let me know if this extension cannot be granted and if granted.,please send me an executed cony by the City Council granting the extension. Thank you for the courtesv of handling this matter. Sincerely, 1 N J. eko 5-16