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HomeMy WebLinkAbout04/20/2004, C2 - ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2447, A 17-UNI councit aGEnaa uEpoizt CITY OF SAN LUIS O B I S P O FROM: John Mandeville, Community Development Directoi(�)-F=o,--3wk Prepared By: Buzz Kalkowsld,Associate Planner i SUBJECT: ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 24479 A 17-UNIT CONDOMINIUM PROJECT AT 1144 WALNUT STREET (TE 130-01) CAO RECOMMENDATION Adopt attached Resolution "A" (Attachment No. 4) approving a one-year time extension to file the final map for Vesting Tentative Tract Map No. 2447, based on findings, and subject to all of the original findings, conditions, and mitigation measures associated with the tentative map approval. DISCUSSION Situation The tentative map for vesting Tract Map 2447 was unanimously approved by the City Council on March 19, 2002 by Resolution No. 9297 (2002 Series) (Attachment No. 3). The map allows for the development of a new 17-unit condominium project on an infill site located on Walnut Street adjacent to Highway 101. Consistent with the State of California's Subdivision Map Act (§66452.6), a tentative map approval is valid for two years under the City's Subdivision Ordinance (§16.16.160-180). On March 8, 2004, prior to the map expiration date of March 19, 2004, the City received the. time extension request. Under Section 16.16.180 of the City's subdivision regulations, the City may grant time extensions for filing final maps totaling no more than three years. This is the applicant's first requested time extension. With approval of the time extension, the map will remain valid until March 19, 2005. Data Summary Address: 1144 Walnut Street (including 1150 and 1162 Walnut and 642 A, B Toro Street) Applicant: JM Wilson Development Corp Property Owner: Courtyards on Walnut LLC Representative: Oasis Associates, Inc., Carol Florence Zoning: R-4 (High-Density Residential) General Plan: High-Density Residential Environmental status: A Mitigated Negative Declaration was adopted by the City Council on March 19, 2002. Council Agenda Report Tract 2447 1144 Walnut Street Time Extension Page 2 of 3 Site Description The 41,382 square-foot site (0.95 acre) has an irregular shape and is bordered by both residential and commercial development, including a bank to the west and a hotel to the east. Residential land to the south of the project site is zoned for Medium Density (R-2) development. Residential land to the east of the project site is zoned for Medium-High (R-3) development. The project site is on the northern edge of the Downtown Planning Area. The site is one-half block north of the Mill Street Historic District. Highway 101 is located north of the project site. The highway travel lanes are located approximately 68 feet from the rear property line of the project site. Project Description The approved project will result in the development of 17 condominiums. The homes have a townhouse configuration with attached two-car garages. The development has two floor plans: PlanA has 1,295 sq. ft.; and Plan B has 1,420 sq. ft. Including the garages, the homes have three levels and a maximum height of 35 feet. Private open space is provided primarily on decks and balconies, with some units having ground level yards. Recreation space is:provided in the form of a barbecue area,turf area and a ''/i court basketball area. A Negative Declaration with five mitigation measures was approved for the project. The majority of the mitigation measures address rush hour traffic impacts on Santa Rosa Avenue, Walnut and Toro Streets. A noise study that was part of the environmental review requires sound barriers to be constructed in two locations to reduce noise levels from Highway 101. Conclusion It has been the City's policy to support time extensions if the subdivider has made reasonable progress toward fulfilling tract conditions, or if there are extenuating circumstances that have delayed the filing of the final map. In this case, the project involves a condominium development, which is currently under construction, and the subdivider is addressing the conditions of approval during the process of construction. This is the developer's initial request for an extension. There are no subsequent general plan or zoning amendments that affect the vesting tentative map approval. There does not appear to be issues with the City Council granting the one-year time extension for filing the final map. CONCURRENCES The Public Works Department concurs with the recommendation to allow the one-year time extension as provided for in the Subdivision Map Act. Council Agenda Report Tract 2447 1144 Walnut Street Time Extension Page 3 of 3 FISCAL IMPACT If the map extension is approved, then the vested rights of the approved Vesting Tentative Map are retained. This means that the developer is responsible for paying the fees in effect at the time the planning application was deemed to be complete, which was October 6, 2001. ALTERNATIVES 1. Deny the requested one-year time extension. If the Council denies the time extension, the tentative tract map becomes null and void. 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 (EI 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. Attachments: Attachment 1: Vicinity map Attachment 2: Vesting Tentative Tract Map (reduction) Attachment 3: Resolution No. 9297 (2002 Series) Attachment 4: Resolution "A" approving time extension Attachment 5: Resolution "B" denying time extension G:/cd-plan/bkalkowski/subdivisions/rract 2447 Extension-CC Report �ar -��OCW MON 0.Old I N k WMA:I me ,I L 3 VICINITY MAP Attachment 2 F Igdp°gl Ie cq !r II , ^3 ', ` /III •` , 41 o 3 Min,n . 1%:W 4!01^r]nx• n inp G.0'.MGrm4yf,lli'N1 401 r ti Attachment 3 RESOLUTION NO. 9297 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION AND VESTING TENTATIVE TRACT MAP FOR PROPERTY LOCATED ON 1144 WALNUT STREET; TR/ER 130-01 (Tract 2447) WHEREAS, the City Council conducted a public hearing on March 19, 2002, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California for the purpose of considering Tract 2447, a condominium subdivision with 17 units and environmental review; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings on December 19, 2001 and again on January 9, 2002, for the purpose of considering Application TR/ER 130-01, a condominium subdivision with 17 units, and WHEREAS, the Architectural Review Commission conducted a public hearing on February 4, 2002, and approved the proposed building designs for the project; and WHEREAS, the City Council reviewed and considered the Mitigated Negative Declaration of environmental impact and the mitigation monitoring program prepared for the project; and WBEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed map is consistent with the General Plan because the subdivision will provide for high-density residential development. 2. As conditioned, the design or improvement of the proposed subdivision is consistent with the General Plan because each dwelling has access to a compact, private open space area and the development will occur as part of the neighborhood pattern anticipated for the high density residential zone. 3. The site is physically suited for the proposed type of development because it is an under- developed site that is adjacent to an existing street right-of-way. R 9297 Resolution No. 9297 ( 2 _tries) , Page 2 - Attachment 3 4. As conditioned, the site is physically suitable for the-proposed density of development because the site is within an existing City block, services are available to serve. the development, and utilities have been designed to serve the site per City standards. 5. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish or wildlife. 6. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements are residential and development will be designed to meet existing building and safety codes. 7. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 8. The Mitigated Negative Declaration for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce these impacts to less than significant levels. SECTION 2. Environmental Review. The City Council does hereby adopt a Mitigated Negative Declaration for the project, with the following mitigation measures and monitoring programs. 1. Mitigation The final project design shall comply with all recommendations of the July 18, 2001 acoustical analysis prepared by Brown-Buntin Associates for the project. • Monitoring Program: This mitigation measure will be monitored through the Building Permit application process.. Where compliance is not evident through an evaluation of construction drawings, notes shall be added to the project plans to insure implementation of the recommendations. 2. Mitigation In coordination with the City Traffic Engineer, immediately contact Caltrans District 5 staff and determine the potential for adjusting the timing of the traffic signals at Walnut Street and Santa Rosa Street (SR 1). The objective of these potential signal timing adjustments would be reduce the westbound queue on Walnut Street during peak traffic periods such that ingress and egress at the project driveway from Walnut street is not obstructed. Resolution No. 9297 (2UU2 Series) Attachment 3 Page 3 • Monitoring Program: Monitoring of the mitigation measure shall include the following components: A. Retain a qualified traffic specialist to observe traffic operations on Walnut Street between Santa Rosa and Toro Streets during am and pm peak traffic periods. These observations shall be conducted six months from the time the project is fully occupied; and again at one year from full occupancy; and two years from full occupancy. B. Traffic observations shall note the length of any queue of eastbound vehicles on Walnut Street at the project driveway and its effect on traffic operations. A significant traffic operations problem will exist when: i. The length of any eastbound queue extends across the driveways serving the Washington Mutual Bank (1106 Walnut Street) or the office complex across Walnut Street (656 Santa Rosa Street). Or ii. City records show an incidence of traffic collisions associated with vehicles turning into the project driveway at a rate equal to or grater than 2 collisions for any 12-month period. . C. The traffic specialist will prepare a brief written report with findings and submit it to the City's Traffic Engineer for review and acceptance. The Engineer may require other field observations if the specialist's report is inconclusive. 3. Mitieation If the Mitigation Monitoring program for the above mitigation measure determines that alternative mitigation measures are necessary to mitigate significant impacts, then the following mitigation measures shall apply to the project, to the approval of the City's Traffic Engineer. A. Further modifications to the Santa Rosa-Walnut Street traffic signals to improve traffic flow along Walnut Street during peak traffic periods and reduce traffic queues. B. Re-striping of the street and removing curb parking to create a center turn lane serving fronting properties. C. Other safety measures deemed effective by the City's Traffic Engineer. • Monitoring Program: Monitoring of the mitigation measure will be performed by the City's Traffic Engineer based on the report to be submitted by the applicant's traffic consultant. If the first mitigation measure is not feasible because of problems coordinating with Cal Trans, then this mitigation measure will be required with the initial project development and will be monitored by Community C,QL rq Resolution No. 9297 (i c.jeries) Attachment 3 Page 4 Development Department Staff in coordination with the Traffic Engineer and other Public Works Department Staff as improvement plans and building plans are submitted for the project. 4. Mitigation The Conditions, Covenants, and Restrictions (CC&R's) for the project shall include a requirement, to be enforced by the Homeowners' Association and the City, that all garages must be available for parking two vehicles at all times. • Monitoring Program: Planning Division staff will insure that this language is included in the project CC&R's with their normal review of the CC&R's for the project. 5. Mitigation The final project shall be designed to include locations for the collection of recyclable materials and sufficient space shall be provided for each unit to store a waste wheeler for recycling service from the local garbage company. • Monitoring Program: This mitigation measure will be monitored by Planning Division Staff through Architectural Review, the Building Permit plan check process and through blue card(final) inspections of the project site. SECTION 3. Action. The City Council does hereby approve application TR-ER 130-01, a 17-unit condominium project on 1144 Walnut Street, subject to the following conditions and code requirements. 1. The damaged detached sidewalk along the westerly frontage shall be replaced per city standard. The detached sidewalk shall transition after the telephone and electrical equipment pedestals to an integral sidewalk. New curb and gutter shall be installed where gutter does not exist along this section of frontage. 2. Disabled access ramps shall be provided at the new entrance to the satisfaction of the Public Works Director. 3. The section of damaged sidewalk near the intersection of Walnut and Toro at the power pole shall be replaced. The damaged disabled access ramp at the corner shall be replaced. 4. Sewer lateral and storm drain improvements extending into Cal Trans right-of-way shall be reviewed and approved by Cal Trans. A city encroachment permit is also required.for review of connection to the city sewer main. 5. Provide a new street light near the driveway entrance to the project to the satisfaction of the Public Works Director. Ca -� Attachment 3 Resolution No. 9297 (20u2 Series) Page 5 6. Provide public pedestrian easements as necessary to accommodate ADA access at curb ramp and/or driveway entrance. 7. The subdivider shall dedicate a public utility easement, 2 meters wide, across the portion of the property that is contiguous to the Walnut Street and Toro Street rights-of-way. Easements for onsite public utilities and appurtenance purposes shall be provided to the satisfaction of the Public Works Director and the utility companies. 8. The subdivider shall dedicate a public street tree easement, 3 meters wide, across the Walnut Street frontage of the property. 9. The project shall be graded to preclude cross-lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Director of Public Works. 10. All boundary monuments, lot corners and centerline intersections, BC's,EC's, etc., shall be tied to the City's Horizontal 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.. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Fonmat,DXF)for Geographic Information System(GIS)purposes, shall be submitted to the City Engineer. 11. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 12. Prior to approval of the public improvement plans, the developer's engineer shall submit a digital copy of the public improvement plans, signed and stamped by the engineer of record, to the Director of Public Works. All digital plans submitted to the City shall be compatible with the City's system(the current City format is Autocad Digital Interchange Format,DXF, for Geographic Information System purposes). 13. Upon completion of the public improvements, an "as-built" version of the digital copy shall be submitted, which include any approved change of plan revisions, in addition to as-built tracings,prior to the City's acceptance of said improvements. 14. Applicant shall install a"street type" entrance to the driveway at Walnut Street, with sidewalk curb ramps on either side. Five(5)meters of red curb shall be installed on either side of driveway,extending from the back of each curb return. 15. Applicant shall provide short and long-term bicycle parking consistent with provisions of Section 17.16.060 of the Municipal Code and with standards contained within the 1993 Bicycle Transportation Plan. Project plans reviewed by the ARC shall show how these code requirements have been met. 16. A safe overflow will be required to convey runoff from this site to a safe point of disposal to the approval of the Chief Building Official. �� 10 i Resolution No. 9297 ('. i .,eries) Attachment 3 Page 6 17. Final grades and alignments of all water, sewer and storm drains(including service laterals and meters) shall be subject to change to the satisfaction of the Director of Public Works and Utilities Engineer. 18. The applicant shall pay Park In-Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 19. Conditions, Covenants and Restrictions (C.C.&R.$) are required, to the approval of the Community Development Director and the Public Works Director. 20. The project shall meet the City's parking space requirement through the provision of additional on-site parking, reduction of the parking requirement by eliminating bedrooms, or both, to the approval of the Community Development Director. 21. The subdivider shall place underground,all existing overhead utilities adjacent to the tract boundary along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. 22. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the sewer lateral is intended for reuse,the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. 23. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 24. The windows on the rear elevations of Units 9-12 shall be operable, to the approval of the Chief Building Official. 25. The driveway width at the project entrance and adjacent to Unit 1 and Unit 17 shall be a minimum of 20 feet. Driveways in other locations on the project site may be 16 feet wide. Code Requirements 1. A water allocation is required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of$150 per bathroom retrofitted. o21 ^ , Resolution No. 9297 (2W.L Series) Attachment 3 Page 7 2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and Wastewater Impact Fees are charged on a"per residential unit"basis. 3. The on-site sewer shall be privately owned and maintained. The water meters shall be manifolded in groups of no more than 4-1" meters or 6-3/4" meters. If the units are to be air-space condos, they can use a separate fire sprinkler service and the domestic water meters can be 3/a". Otherwise, water for the fire sprinklers shall pass through the domestic water meters, which then must be 1" size. 4. In the event the units are to be air-space condos, a separate connection would be required for automatic fire sprinklers. The fire service lateral shall include a USC approved backflow preventer appropriate for the proposed use. The backflow preventer shall be located as close to the public right-of-way as possible, in direct alignment with the connection to the public water main. The backflow preventer can be located no further than 25 feet from the right-of-way line without prior written approval of the Utilities Engineer. If the fire service supports one or more fire hydrants, the USC approved backflow preventer shall also include detector capabilities (double detector check assembly). The FDC may be located behind the backflow prevention assembly, in accordance with manufacturer's recommendations. The location and orientation of the FDC shall be approved by the Fire Department. A monthly service fee of$22.40 shall be required if the property does not have a connection to the City system for domestic use. 5: By ordinance, the applicant is required to prepare a recycling plan for approval by the City to address the recycling of construction waste for projects valued at over $50,000 or demolition of structures over 1000 square feet. The recycling plan shall be submitted to the Building Department with the building plans. The City's Solid Waste Coordinator can provide some guidance in the preparation of an appropriate recycling plan. 6. In addition to the proposed tree preservations and/or relocations, street trees shall be planted along Walnut and Toro per city standard. Tree species and locations shall be reviewed and approved by the City Arborist prior to building permit issuance. 7. Access shall be in accordance with Article 9 of the California Fire Code, and to the approval of the City Fire Marshall. 8. A hydraulic analysis of the storm drain system based upon a 10 year storm shall be submitted at the time of building permit application to insure compliance with existing City standards. On motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AM: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None Resolution No. 9297 ( :e. ,eries) AttaCfliil@Ilt 3 Page 8 The foregoing resolution was passed and adopted this 19`h day of March 2002. yor Allen Settle ATTEST: A Lee Price, City Cler APPROVED AS TO FORM: /ty orney e G orgensen 0-44 Attachmant 4 Resolution "A" RESOLUTION NO. (2004 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 VESTING TENTATIVE TRACT MAP NO. 2447 (1144 Walnut Street) 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 justified because: 1. The subdivider has made reasonable progress toward fulfilling tract conditions. 2. This is the applicant's initial request for an extension, which is consistent with the San Luis Obispo Municipal Code, Section 16.16.180 that allows the Council to extend the time for filing the final tract map for periods up to and not exceeding three years. 3. The time extension is subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with the approved tentative tract map. SECTION 2. Action. That a one-year time extension for filing the final map for Vesting Tentative Tract Map No. 2447 is granted to March 19, 2005, subject to the original findings, conditions, and mitigation measures of tentative map approval, as specified in City Council Resolution No. 9297 (2002 Series). Ca - (� Attachment 4 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 20`h day of April 2004. Mayor David F. Romero ATTEST: City Clerk Lee Price APPROVED: City ey Jonathan Lowell G:\cd-plan\bkalkowski\resolutions\Tract 2447(approve extension)4-04 C� �(S I -� Attachment 5 Resolution "B" RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2447 (1144 Walnut Street) 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 fulfilling tract conditions; and 2. There are not extenuating circumstances that justify delays in proceeding with the final map. SECTION 2. Action. That a one-year time extension for filing the final map for Vesting Tentative Tract Map No. 2447 is denied. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: L Attachment 5 The foregoing resolution was passed and adopted this 4th day of April, 2004. Mayor David F. Romero ATTEST: City Clerk Lee Price APPROVED: City Attorney Jonathan Lowell G:\cd-plan\bkalkowski\resolutions\Tract 2447(Deny extension)