HomeMy WebLinkAbout08/07/1990, 4 - MS 89 - 219: APPEAL OF PLANNING COMMISSION'S DENIAL OF A TENTATIVE PARCEL MAP TO CREATE TWO LOTS FR I ��i�IIIIIII�I�I IID v� P MEETING UATE:
IpICl6,� CI O SdT1 SUIS OBISPO 8-7- 90
MINGs COUNCIL AGENDA REPORT (TEM NUMBER:
'^ FROM: Arnold. Jonas, Community Developmen Director
BY: Judith Lautner, Associate Planner
SUBJECT: MS 89 - 219: Appeal of Planning Commission's denial of a
tentative parcel map to create two lots from one, 123.3-acre lot on Islay
Hill, on the south side of Orcutt and Tank Farm Roads, easterly of the
Southern Pacific Railroad, at the southeast edge of the city.
CAO RECOMMENDATION
Adopt a resolution denying the appeal, upholding the Planning
Commission's action denying the map.
BACKGROUND
Situation
The applicants previously owned the parcel under consideration, along
with adjacent land to the northwest of the site. When the applicants
sold the land, they entered into an agreement with the current owners
that an anticipated open space area, as represented by proposed parcel
"B", would be reconveyed to the applicants, with an open space easement
to the city overlaying the lot, as soon as legally possible. Parcel "A"
is to be developed as part of a planned development, Tract 1750, which
covers both parcels.
The applicants are now concerned with the length of time that has elapsed
since the sale of the property without reconveyance of the open space
parcel, and want to create the parcels themselves. Therefore, with the
knowledge and consent of the present owners, they filed a tentative
parcel map which would create the open space parcel (parcel "B") , so that
it can be conveyed to them legally. Parcel "A" would remain with the
current owners.
The site is part of the Edna-Islay Specific Plan area, and is therefore
subject to the standards and requirements in the specific plan.
This request was first heard at a Community Development Director's
Subdivision Hearing on May 25, 1990. The Hearing Officer referred the
request to the Planning Commission for action, because he felt the
creation of a separate open space parcel may be inconsistent with the
specific plan. On June 13, 1990, the Planning Commission denied the map,
finding it inconsistent with the "early parcelization" provisions of the
specific plan. The applicants have appealed the denial.
Data summary
Applicants: Northwinds NV
Representative: RRM Design Group (Keith Gurnee)
Property owner: Pacifica Corporation
Zoning: R-1-SP and C/OS-40
General .plan: Low-density residential and Conservation/Open Space
Environmental status: EIR adopted for Edna-Islay Specific Plan in
1982; No further review needed.
�u�illl'�I;!ii ►11 city Or San tuts OBISPO
COUNCIL AGENDA REPORT
MS 89-219
4401 Orcutt Road
Page 2
Site description
The site is large, contains a proposed park site, a creek, and a portion
of Islay Hill. Most of the land is steep. The site is currently vacant,
containing a variety of native and non-native shrubs and grasses. It has
been used for grazing for several years. This practice has denuded much
of the native vegetation from the creek and hillside areas.
EVALUATIOR
1. Consistency with the specific plan. The Edna-Islay Specific Plan says
that "early parcelization" is not precluded by the plan, as long as
certain conditions are met, assuring that the parcelization does not
change the orderly implementation of the specific plan. These
conditions are:
. . .such parcelization shall not include more land area than that which
lies within the two phases succeeding a phase which is in the
construction stage and shall be reviewed during processing to assure
that:
* The proposed project is consistent with the intent of this .
specific plan;
* The proposed parcelization does not divide contiguous land area
in a phase and the parcel boundaries are coincidental with the
phase boundaries in figure 33; and
* that the successful implementation of land use, circulation and
services and utilities planning concepts and standards of the
specific plan will in no way be jeopardized by parcel size,
location, configuration, etc.; and
* that the parcelization meets all city subdivision and zoning
regulations and standards; and
* that all other parcels of record in the planning area (recognized
as legal under the State Subdivision Map Act) existing prior to
adoption of this specific plan are:
+ found consistent with the concepts, intentions, and
standards of this specific plan; or
+ reverted to acreage.
The Planning Commission found that the request does not appear to be -
consistent with the general condition that the parcelization "shall
not include more land area than that which lies within the two phases
succeeding a phase. . . " and is not consistent with the requirement that
s
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COUNCIL AGENDA REPORT
MB 89-219
4401 Orcutt Road
Page 3
it "does not divide contiguous land area in a phase". The
parcelization would split the open space portion from the last phase.
2. Use of the open space lot. The parcel map would create a large parcel
entirely within the C/OS-40 (Conservation/Open Space) zone. The uses
allowed on such a parcel would be required to be consistent with the
specific plan. According to the specific plan (page 24) , the open
space easement, required to be granted to the city, will allow
"livestock grazing and equestrian/pedestrian and public utility uses
on the lower and more suitable slopes of. Islay hill. . .".
The specific plan says that an equestrian center may be allowed on
about 9 - 10 acres on the northeast side of the hill, with approval
of a Planning Commission use permit. The specific plan map shows the
possible equestrian center within the open space easement.
Based on the specific plan map and on the area involved, an equestrian
center is consistent with the uses allowed in an open space easement.
Staff recommends that, if the map is approved, that a condition be
placed upon it indicating that a use permit may be requested for an
equestrian center within the area designated in the specific plan.
Use permits are discretionary. The Planning Commission, when
reviewing a permit for the equestrian center use, may find that
impacts from the center will be environmentally or otherwise
unacceptable and may deny the use permit. If the use permit were
denied, then the owners would have a parcel that may be used for
grazing and recreation. Given the steepness of the site and the
geologic fragility of the hillside, these appear to be reasonable uses
of the property.
The applicants have objected to the wording of the suggested condition
requiring an open space easement. They feel the wording effectively
precludes use of part of the area for an equestrian center. The
wording is intended to allow for approval of an equestrian center,
consistent with the specific plan.
3. Extent of easement. The applicants have shown the lower limits of the
open space lot (lot "B") as conforming to the 320 elevation. The
resulting area is approximately 7 acres less than the specific plan
anticipates to be the total hillside open space area. The applicant's
stated purpose for placing the lot line in this location is that when
the lot line (and open space easement) is adjusted with the final map
of Tract 1750 or any successor, the adjustment will enlarge the area.
The applicants anticipate legal difficulties with granting an open
space easement that may eventually need to be made smaller when being
brought into conformance with adjoining development.
Approval of the proposed parcel map would likely allow the city to
obtain an open space easement over a portion of the hill several years
city of san to s oBi spo
COUNCIL AGENDA REPORT
MS 89-219
4401 Orcutt Road
Page 4
sooner than if the parcel is dedicated at the time of the development,
of the adjacent area in accordance with the specific plan. Th
specific plan does not prohibit early dedication of this easement
Easement and lot boundaries would need to be adjusted when the fina
maps for the last phases of Tract 1750 or any successor are approved
Staff has included a condition that requires this lot line an
easement adjustment, if the council chooses to approve th
application.
ALTERNATIVES
The council may approve the request, based on findings and subject t
conditions suggested by staff or as amended by the council. This actio
would allow the property owners to complete their transactions. The cit
would probably gain the open space easement sooner than would occuz
through Tract 1750 or any successor.
The council may continue action on the parcel map, if more informatio
is needed. Direction should be given to the applicants and staff.
FISCAL IMPACT
If the parcel map is approved, the city would obtain access rights to th
open space parcel several years sooner than anticipated if the easemen
were graonted in conjunction with development of adjoining property. Th
city would have an open space easement, but responsibilities fo
maintenance of the parcel would still lie with the underlying propert
owner. The city's costs in owning this easement would therefore b
negligible.
RECOMMENDATION
Adopt a resolution denying the parcel map, finding it inconsistent with
the Edna-.Islay Specific Plan, as recommended by the Planning Commission.
Attached:
Draft resolutions
Vicinity map
Appeal letter
Planning Commission minutes - June 13, 1990
Letter from Miller & Walter
Reduced parcel map
ORESOLUTION N0. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF THE TENTATIVE MAP FOR MS 89-219,
ON ORCUTT ROAD, NEAR ITS INTERSECTION WITH TANK FARM ROAD
(MS 89-219)
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 minor subdivision request
MS 89-219, the Planning Commission's action, the Hearing Officer's
action, staff recommendations and reports thereon, makes the
following findings:
1. The design of the tentative map is inconsistent with the
Edna-Islay specific Plan:
C' 2. The design of the tentative map is premature, in that it
is inconsistent with the .phasing provisions of the Edna-
Islay Specific Plan.
SECTION 2. The tentative map for Minor Subdivision 89-
219 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
Oof , 1990.
�- 6
Resolution No. (1990 Series)
MS 89-219
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
City A "nistrative Officer
04
C' y or ey
Community DevelcbmLnt Director
�-d
• RESOLUTION N0. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR MINOR SUBDIVISION 89-219,
CREATING TWO LARGE LOTS FROM ONE,
ON ORCUTT ROAD, NEAR ITS INTERSECTION WITH TANK FARM ROAD
(MS 89-219)
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 subdivision request MS 89-
219, the Planning Commission's action, staff recommendations and
reports thereon, makes the following findings:
1. The design of the tentative map is consistent with the
general plan and specific plan for Edna-Islay.
2. The site is physically suited for the type and density of
development Allowed in the R-1-SP. and C/OS-40 zones.
J3. The design of the tentative map 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.
S. An environmental impact report for the Edna-Islay Specific
Plan was adopted by the council in 1982, which is adequate
to assess any potential for significant impact from MS 89-
219; no further environmental study is necessary for this
subdivision.
6. The proposed parcelization does not divide contiguous land
area within a phase and the parcel boundaries are
substantially coincidental with the phase boundaries in
Figure 33 of the Edna-Islay Specific Plan.
7. The successful implementation of land use, circulation and
services and utilities planning concepts and standards of
the Edna-Islay Specific Plan will in no way be jeopardized
by the proposed parcel size, location, and configuration.
8. The applicant understands that approval of the parcel map
y-�
Resolution No. (1990 Series)
MS 89-219
Page 2
does not constitute permission for development until such
time that development is permitted by the Edna-Islay
Specific Plan phasing plan.
9. The parcelization meets all city subdivision. and zoning
regulations and standards.
10. All other parcels of record in the planning area
(recognized as legal under the State Subdivision Map Act)
existing prior to adoption of the Edna-Islay Specific Plan
are found consistent with the concepts, intentions, and
standards of the specific plan.
SECTION 2. The tentative map for Minor Subdivision 89-
219 is approved subject to the following conditions:
1. The subdivider shall dedicate a perpetual open space
easement over Parcel B, to the City of San Luis Obispo,
subject to the approval of the. Community Development
Director and City Engineer, consistent with the Edna-Islay
Specific Plan. The open space easement will be to maintain
the area in a natural open space character. The easement
shall run with the land and provide the following
limitations on use or alterations of the area:
a. No buildings or other structures may be placed or
erected on the premises; except as permitted
hereafter, without the approval of the City
Council.
b. Fencing appropriate to open space preservation
shall be approved by the Architectural Review
Commission. Solid fencing shall not be allowed.
c. No advertising of any kind or nature shall be
located on or within the premises.
d. The owner shall not plant, nor permit to be
planted, any vegetation upon the open space area
except for erosion control, fire protection and
soil stabilization or as allowed and approved by
the Community Development Director.
e. The general topography of the area shall be
preserved in its natural or existing condition.
No grading shall be allowed except -as permitted by
the Community Development Director for soil
stabilization purposes or as provided in any use ,-
permit granted for an equestrian center.
��a
1
Resolution No. (1990 Series)
O MS 89-219
Page 3
f. No extraction of natural resources, except for
water, is permitted.
g. Removal of natural vegetation is not allowed except
for fire protection or elimination of diseased
growth, as approved by the Community Development
Director.
h. The property owner may apply for a use permit to
develop a portion of Parcel B as an equestrian
center, consistent with the map and text of the
Edna-Islay Specific Plan.
2. The subdivider shall dedicate an easement over portions of
both parcels for the construction, access, and maintenance
of a future water storage tank, access road, and pipelines,
to the satisfaction of the Utilities Department. and City
Engineer. The final locations shall include provisions
(note on map) for possible modification and adjustment due
to geological and/or other concerns.
3. The subdivider shall establish the right for the owner of
parcel A to ingress and egress parcel B for the purpose of
stabilizing the slide areas to the satisfaction of the City
Engineer (note on map or separate .instrument) .
4. Any future development of either parcel shall be consistent
with the Edna-Islay Specific Plan (note on map) .
5. A note shall be placed on the map indicating that a lot-
line adjustment will occur in conjunction with and to
conform to any final subdivision map affecting parcel A
(which is a portion of tentative tract. map 1750) in
accordance with the Edna-Islay Specific Plan and as
specified in the open space easement agreement.
6. An Orcutt Road right-of-way dedication (including any
needed slope easements) , shall be granted on the final
parcel map, to the satisfaction of the City and County
Engineers.
7. The Orcutt Road frontage improvements for both Parcels A
and B shall be constructed simultaneously upon the
development of either parcel, to the satisfaction of the
City Engineer.
Any necessary services and undergrounding shall also be
installed as deemed appropriate by the City Engineer and
Utility companies.
O
y- q
Resolution No. (1990 Series)
MS 89-219
Page 4
8. Provision of standard utilities, water and sewer services
to both parcels may be postponed by the Community
Development Director until development or further
subdivision of either parcel.
9. Water acreage, park-in-lieu, and sewer services fees are
postponed until development or further subdivision of
either parcel.
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 , 1989.
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
ty tt ne
Community Development Director
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city of Sarttuis OBISPO
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I. Chapter
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of Planning Commission rendered
on 06/13/90 which decision consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
SEE ATTACHED
The undersigned discussed the decision being appealed from with:
on
Appellant:
Name/Tit.9 e
RRM Design Grp. , Reith Gurnee
Representative
JUX 2 5 3026 S. Higuera St. , SLO, CA 93401
Address
s C"CLERK
tWOSISPO,CA 805-543-1794
Phone
Original for City Clerk
8/7/90 Copy to City Attorney
Ca en red for: Copy to City Administrative Officer
Copy to the following 'parte tment(s) :
Arnold .Tnnac
City C er
3 I 1
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OR R M D . E S I G N G R O U P
June 25, 1990
Mayor Ron Dunin
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93403
SUBJECT: ISLAY HILL PARCEL 1VIAP
Dear Mr. Dunin & Members of the Council:
On behalf of my client, Northwinds Corp., the applicants on parcel map #MS 89-219, we
must appeal the Planning Commission's June 13th denial of this application.
Our purpose in applying for this Parcel Map -- and for appealing the Planning
• Commission's unfortunate action — are primarily two-fold:
1) to clean up an original corporate transaction between the buyers and sellers that
would convey real property interest in the area above the 320' elevation on Islay
Hill to Northwinds, and
2) to give the City an opportunity to take control over the open space now rather than
wait until Phase 9 of the Specific Plan.
It's as simple as that.
We've attached some amended wording we have proposed in response to the Staffs
conditions to the parcel map in their recommendation for approval before the Planning
Commission. If the Council can uphold our appeal with this wording, Northwinds and
Pacifica would be prepared to dedicate the open space easement over the entire Islay Hill
parcel within a matter of weeks after the Council approves the parcel map -- well ahead
of Phase 9 in the Edna Islay Specific Plan.
If the Council upholds the Planning Commission's action, denying our application, then the
City will have to wait until Phase 9 of the Islay Hill development for this parcel to be
created and conveyed to Northwinds and for the open space easement to be granted to
the City. Again, it's that simple.
RECEIVED
JUN 'j 5 14vii
CITY CLERK
SAN LUIS OBISPO.CA
l 4
Mayor Ron Dunin
Page 2
June 25, 1990
To conclude, it is baffling to me and my clients that the City would even consider taking
a position that would have this open space easement granted to the City later, rather than
sooner. Given the City's water crisis, who knows when Phase 9 will actually be developed?
Rather than dwell on the intricacies of corporate transactions that have occurred in the
past on this matter, the City would do well by concentrating on what the results of our
application would be -- the early dedication of an open space easement and the City's early
assumption of control to permanently protect Islay Hill.
If the Council or its staff has any questions regarding our position on this matter, please
don't hesitate to give us a call. Otherwise, we look forward to the timely scheduling of a
formal date for our appeal hearing.
Sincerely,
RRM DESIGN GROUP
e.
T. Keith Gu ee
Senior Vice President
Director Planning Di sion
cc: Doug Murdock
Pete Miller
Lowell Lorenzen
LeeAnne Hagmaier
Enclosures
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LAW OFFICES U
MILLER & WALTER
PETER C.MILLER• A Partrmshtp Including Professioml Corporettons Cable Addrer
WILLIAM S.WALTER* PROPLAM
JEFFREY EHRUCH 679 MONTEREY STREET
MORA OUINN SAN LUIS OBISPO.CALIFORNIA 93401 Telefax
'Professional Corporation TELEPHONE(805)541.6601 (605)541.5766
April 20, 1990
Jeffrey G. Jorgensen, Esq.,
City Attorney
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Re: Mutual Rights and Obligations of The Pacifica Corporation as the Owner of The
Arbors at Islay Hill and Northwinds as a Successor in Interest to Pacific Ventures
With Regard to Islay Hill
•
Dear Mr. Jorgensen:
As I mentioned to you by phone this afternoon, I have been requested by Mr.
Douglas Murdock, who represents the owners of La Lomita Ranch, to attempt to clear up
some apparent misunderstandings regarding the interests of various private parties in the
future of Islay Hill. As you may be aware, The Pacifica Corporation ("Pacifica") now holds
fee title to a portion of Islay Hill while the rest is within the boundaries of La Lomita
Ranch. The owners of La Lomita ("La Lomita") have succeeded to the residual interests
in Islay Hill which were retained by Pacific Ventures when it sold the Islay project to
Pacifica. I presently represent La Lomita. Of more import to this letter, I was deeply
involved in the negotiation and documentation of the sale by Pacific Ventures (then my
client) to Pacifica back in 1986.
At the time of the transaction, the Edna/Islay Specific Plan was already in place. It
was the intent of the parties involved in the transaction that the transaction facilitate the
implementation of the Specific Plan by Pacifica and the othery interested developers. The
seller was to retain the ability to develop an equestrian center on the 9 acre site designated
for this purpose by the Specific Plan. The seller was also to'retain ultimate fee title to the
top of Islay Hill, which would be made subject to an open space easement in favor of Kthe
City of San Luis Obispo or other appropriate governmental agency.
At the time that the transaction was documented, it was not yet clear exactly where
the development portion,open space portion or equestrian center portion would•be located.
It was also not certain whether these areas would be created by recorded map prior to the
time that escrow needed to be closed. The solution to this problem was to document the
transaction so that it could timely be concluded regardless of whether the designation of
these respective areas of the project had been legally completed by the filing of an approp-
- y-l6
C Jeffrey G. Jorgensen, Esq.
April 20, 1990
Page 2
priate map. If the map were filed prior to close of escrow, the seller would retain fee title
to the equestrian center and open space areas, but would grant to Pacifica the right to place
whatever facilities on the equestrian center and open space areas which were needed for its
development of the rest of the property according to the Specific Plan. Alternatively, if the
map had not been filed prior to close of escrow, fee title was to pass to Pacifiat for the
entire development, equestrian center and open space areas. Pacifica would be obligated
to convey back the fee title for the equestrian center and open space areas as soon as this
became legally possible. In the meantime, Pacifica was to have the ability to install those
facilities on the equestrian center and open space areas which were required to implement
the Specific Plan. Pacifica was to also have the ability to convey an appropriate open space
easement as required to comply with the Specific Plan. As you can see, these alternatives
were the two sides of the same coin. The ultimate result was to be the same regardless of
whether the parcelization had been completed prior to close of escrow.
0
The goals of the preceding paragraph were to be carried out under Paragraph 2.4 of
the Purchase and Sale Agreement. I am enclosing copies of that Paragraph. Also enclosed
is a copy of the form of deed of trust used to secure performance of payment for the
C property and compliance with Paragraph 2.4. 1 hope they will aid you in your gaining an
understanding of the present rights and obligations of the private parties who hold interests
in the portion of Islay Hill which is subject to the Edna/Islay Specific Plan.
I. believe that it has always been contemplated by the parties that the open space
easement to be granted to the City would be perpetual in nature and would be of a type
generally envisioned by Government Section 51050, et. seq.
Pleas call me with any questions which you may have on this topic.
Vorly truly yours,
IL R WAL R
Peter C. Miller
Enclosures
cc: Douglas F. Murdock
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P,C. Minutes' -
June 139' :1990`
Page 2. CF \
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Item 1. Minor Subdivision No. 89-219. Consideration of a tentative
parcel map creating two lots from one lot; 4401 Orcutt Road; R-1-
SP and C/OS-40-SP zones; Northwind NV, subdivider. (Referred by
Hearing Officer) .
---------------------------------------------------------------------------
Judith Lautner presented the staff report and recommended the Commission
consider the request, report and testimony and prove or deny the tentative
parcel map. She discussed the applicant-recommended amended conditions and
stated staff objected to deleting condition 7, as suggested.
Chairman Hoffman opened the public hearing.
Vic Montgomery, 3026 S. Higuera, applicant representative, discussed the
open space easement issue and the applicant ' s consent to the formulation of
an easement and the property transfer to the city. He discussed the
phasing and easement dedication over Islay Hill. pie stated the property
easement over the entire easement area was concurrent with the map
recordation. He discussed the proposed condition amendments and
modifications.
Adele Stern, 4444 Orcutt, asked about the impact of approval of this map on
the progress of Tract 1750 and the .fiscal responsibility of street
improvements on Orcutt Road. She objected to dividing the land at this
point and wanted all of Orcutt Road widened.
Staff responded that the first final map that was recorded would take
precedence and reiterated that condition 7 should remain and that the
developer would pay for street improvements.
Robert Stern, 4444 Orcutt, was concerned with the developer ' s widening
intention of Orcutt Road. He recommended allowing the property to be
developed according to the Specific Plan already in place.
Craig Campbell, 4318 Mavertree, Pacifica Corp. representative, stated that
Pacific was concerned with the proposed conditions and discussed their
preferred modifications. He felt condition 7 should be tied to the
Specific Plan. o
Pete Miller, 679 Monterey, applicant representative, discussed the sales
transaction and the possibility of a future request for a use permit on
this property which would regulate the actual development.
Mr. Montgomery responded to concerns of subdividing out of phase within the
Specific Plan and requested this proposal be approved.
Chairman Hoffman closed the public hearing.
y-/1
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P.C. -Minutes
June '.13; 1990
Page- 3.
mmr. Schmidt did not feel this request fit within the Specific Plan and
erefore he could not make findings for approval.
Commr. Karleskint agreed with Commr. Schmidt and felt the proposal was
inconsistent with the critetie for the Specific Map and that this request
should be handled with Tract 1750.
Commr. Peterson felt the applicant needed to finalize the map before they
could proceed with the sales transaction and stated he did not agree with
deleting condition 7.
Commr. Kourakis moved to deny the request, subject to finding 1 , and made
finding 2 regarding the phasing of Tract 1750.
Commr. Billington seconded the motion.
VOTING: AYES - Commrs. Kourakis, Billington, Karleskint, Schmidt and
Hoffman.
NOES - Commr. Peterson.
ABSENT - Commr. Gurnee.
The motion passed.
q ;; - ;-; ; -; -------------;-;-------2. Use Permit U 1482. Re uest to allow an ambulance dis etch
service; 2231 Broad Street; 0 zone; San Luis Ambulance,
applicant. (Continued from May 9 and 23 , 1990)
---------------------------------------------------------------------------
Judith Lautner presented the staff report and recommended approval of the
permit, subject to conditions.
Chairman Hoffman opened the public hearing.
Tom Swam, 1223 Higuera, applicant representative, discussed the application
and distributed an informal traffic survey that showed the lack of
difficulty in making left turns from this site onto Broad Street.
Robert fuller, 569 Higuera, felt the ambulance sbrvice was essential to the
community and noted that the traffic flow was heavier currently at their
present Santa Rosa location.
Chairman Hoffman closed the public hearing.
Commr. Karleskint moved to approve the use permit, subject to findings and
conditions.
Commr. Peterson seconded the motion.
AGENDA
ITEM #
city of SAn L1S ®B1SpO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
i•:GSTvrld by:
1-01 0=1rll
tibCAO
7 August 1990 jCNAfly.
CA-0
TO: City Council I ke nu 5
FROM: Judy Lautner, Associate Plannerf
SUBJECT: Frontage improvements on Orcutt Road: Islay
map MS 89-219 - on tonight' s agenda
The property owner's representative has asked for revised wording
of suggested condition no. 7 for this parcel map. The condition
is intended to assure that public street improvements are made on
Orcutt Road, regardless of the progress of Tract 1750 (the master
tentative map for the remainder of the Islay side of the Edna-
Islay specific planned area) . The property owner is concerned that
the condition may mean frontage improvements would be required with
any type of development on Parcel A, including development of the
park. The Engineering Division has reviewed the property owner's
request and does not support it, since developments in the
surrounding area may lead to the need for these impovements sooner
than would otherwise be expected. Instead, Engineering offers the
attached revised condition.
Staff recommends, if the council approves the map, that the
attached wording be substituted for condition 7 in the resolution.
The condition now requires frontage improvements when any further
development of either lot takes place, or prior to any development
if deemed necessary by the City Council.
Please call me (extension 166) if you have questions about this.
Attached: Memorandum from Jerry Kenny
("CWHOIL
n.: cul IjiLYC, CA
/-,?,,-J.
r
V
August 3 , 1990
MEMORANDUM
TO: Judy Lautner
FROM: Jerry Kenny`_.
SUBJECT: MINOR SUB VISION NO. 89-219 - SUGGESTED REVISED
CONDITION NO. 7
Craig Campbell submitted a suggested rewording of Condition 7 on
this date. This department does not support that wording and
submits the following alternative:
CONDITION 7.
The Orcutt Road pavement and frontage improvements (including
any necessary undergrounding and extension of utilities and
O services) adjacent to Parcels A and B shall be constructed upon
development of Parcel A. The City Engineer may postpone any
portion of the required improvements deemed unnecessary at the
time of development of only a park on Parcel A.
A Use Permit, development or further subdivision of Parcel B
shall require all or a part of the installation of Orcutt Road
pavement and frontage improvements (including any necessary
undergrounding and extension of utilities and services)
adjacent to Parcel B. The City Engineer may postpone any
portion of the required improvements deemed unnecessary at the
time of development.
Orcutt Rd. improvementsmay be required prior to any
development of either Parcels A or B if deemed necessary by
resolution of the City Council.
The above condition shall be noted on the final parcel map and/or
by recording a separate document, to the satisfaction of the City
Engineer and City Attorney.
c: file
P:\jerry\MS89219.wp
IL
ME- r. AG
11
L
J4-
RRM DESIGN G R O U P
August 2, 1990 cc, T 0:
Ms. Judy Lautner
City Planning Department
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Re: Islay HW Open Space
Dear Judy:
Enclosed are 13 copies of our revised Parcel Map Exhibit for SLO 89-219. At your request,
this map has deleted the so-called "equestrian" parcel and proposes to place the entire
property under an open space easement under conditions mutually acceptable to the City
and my client.
Please also note that we have delineated an area that should be reserved for the
Equestrian Center that correlates with the language changes we feel are appropriate to be
incorporated in conditions of approval and the open space easement agreement. The
language suggested by the staff remains unacceptable to us, and we feel it would prejudice
the ultimate development or approval of an Equestrian Center in a manner consistent
with the Specific Plan.
I am once again incorporating our proposed language on Parcel Map conditions and the
terms and conditions of the open space easement that we previously submitted to you.
Please call if you have any further questions.
Sincerely,
RRM DESIGN GROUP
Keith Gum
Senior Vice President
RECEIVED
0
Director Planning Divis
Encls/ AUG 21990
cc: Doug Murdock
gAm tj)IF 091900.CA
Dean Benedix
Vic Montgomery p/kg-laut8.2
i
ISLAY HILL PARCEL MAP
Proposed Revised Conditions to Parcel Map SLO-89-219
August 2, 1990
CONDITIONS
1. The subdivider shall dedicate a perpetual open space easement over the whole
of Parcel B, to the City of San Luis Obispo, subject to the approval of the
community Development Director and City Engineer, consistent with the Edna-
Islay Specific Plan. The open space easement will be to maintain the area in a
natural open space character. The easement shall run with the land, except as
required for the development and operation of the equestrian center, and shall provide
for the following limitations on use or alterations of the area:
a. No buildings or other structures may be placed or erected 'on the
premises, except as permitted hereafter, without the approval of the City
n Council.
J b. Fencing appropriate to open space preservation shall be approved by the
Architectural Review Commission. Solid fencing shall not be allowed.
C. No advertising of any ldnd or nature shall be located on or within the
premises.
d. The owner shall not plant, nor permit to be planted, any vegetation upon
the open space area except for erosion control, fire protection and soil
stabilization or as allowed and approved by the Community Development
Director.
e. The general topography of the area shall be preserved in its natural or
existing condition. No grading shall be allowed except as permitted by the
Community Development Director for soil stabilization purposes or as
provided in any use permit granted for an equestrian center.
f. No extraction of natural resources, except for water, is permitted.
g. No removal of natural vegetation is allowed except for fire protection or
elimination of diseased growth, as approved by the Community
Development Director.
0
Islay Hill Parcel Map
August 2, 1990
h. The property owner shall apply for a use permit to develop a portion of
Parcel B as an equestrian center, consistent with the map and text of the
Edna-Islay Specific Plan.
i. Any facility (such as water tank and access, welly trail system, etc.) approved
by the City Council as a part of a project on Parcel A, (Tract 1750) and
pursuant to the Specific Plan will be allowed to be conshuded within the Open
Space Easement.
2. The subdivider shall dedicate an easement over portions of both parcels for the
construction, access, and maintenance of a future water storage tank, access road,
and pipelines, to the satisfaction of the Utilities Department and City Engineer.
The final locations shall include provisions (note on map) for possible
modification and adjustment due to geological and/or other concerns.
0 3. The subdivider shall establish the right for the owner of parcel A to ingress and
egress parcel B for the purpose of stabilizing the slide areas to the satisfaction
of the City Engineer (note on map pr separate instrument).
4. Any future development of either parcel shall be consistent with the Edna-Islay
Specific Plan (note on map).
5. A note shall be placed on the map indicating that a lot line adjustment will occur
in conjunction with and to conform to any final subdivision map affecting parcel
A (which is a portion of tentative tract map 1750) in accordance with the Edna-
Islay Specific Plan and as specified in the open space easement agreement.
6. An Orcutt Road right-of-way dedication (including any needed slope easements),
shall be granted on the final parcel map, to the satisfaction of the City and
County Engineers.
7. Delete
8. Provision of standard utilities, water and sewer services to both parcels may be
postponed by the Community Development Director until development or further
subdivision of either parcel.
o-
Islay Hill Parcel Map
August 2, 1990
9. Water acreage, park-in-lieu, and sewer services fees are postponed until
development or further subdivision of either parcel.
Finding for Denial
1. The design of the tentative map is inconsistent with the general plan and the
Edna-Islay Specific Plan.
v/islayM