Voting details

A continued hearing to consider a request by Cabrillo Court Construction Company for a Vesting Tentative Tract Map (Tract 3130) and concurrent Conditional Use Permit (SUB2019-00017) to subdivide an existing 1.23-acre parcel into a 14-lot residential Planned Development of approximately 3,470 to 4,900-square-foot (gross) in size. Each resulting parcel would allow construction of one single-family residence of approximately 1,200 square-feet with an attached two-car garage. The project proposes modifications to the development standards of Planned Development (LUO 22.22.145). The project will result in the disturbance of the entire 1.23-acre parcel. The project is within the Residential Single-Family land use category and is located at 2430 Wilmar Avenue in the community of Oceano. The site is located in San Luis Bay Sub Area of the South County Planning Area.
Also to be considered at the hearing will be adoption of the Environmental Document prepared for the item. The Environmental Coordinator, after completion of the initial study, finds that there is no substantial evidence that the project may have a significant effect on the environment, and the preparation of an Environmental Impact Report is not necessary. Therefore, a Mitigated Negative Declaration (pursuant to Public Resources Code Section 21000 et seq., and CA Code of Regulations Section 15000 et seq.) has been issued on September 3, 2019 for this project. Mitigation measures are proposed to address Air Quality, and Geology & Soils and are included as conditions of approval. Continued from October 10, 2019.

County File Number: SUB2019-00017 Assessor Parcel Number: 062-073-002
Supervisorial District: 4 Date Accepted: June 14, 2019
Project Manager: Young Choi Recommendation: Approval

Recommendation:
The Commission adopts the Negative Declaration in accordance with the applicable provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and approves Vesting Tentative Tract 3130 and Conditional Use Permit (SUB2019-00017) based on the findings listed in Exhibit A and C and the conditions listed in Exhibit B adding new Condition 1. e. to read "e. Vacation Rentals as defined by the County Land Use Ordinance Title 22 are prohibited in Tract 3130. This restriction shall be included in the CC&Rs." Adding new condition 1 f. to read: "f. The very low income unit shall be either Lot 1, 2, 8 or 9 as shown on the approved site Plan. " Changing condition 2 to add "...., revised landscaping plan with varied plant species....". Adding Airport Land Use Commission conditions 13 through 18 to read: " Airport Land Use Commission 13. (ALUC) At the time of application for construction permits, The applicant shall demonstrate to the County Building Official (who shall consult with the County Airports Planner) that the design features and / or construction techniques identified in the County’s Noise Element, or such other design features and / or construction techniques determined necessary by the County Building Official, to attain the degree of sound attenuation required by the ALUP have been fully incorporated into the construction of the Project. 14. (ALUC) At the time of application for construction permits, No structure, landscaping, apparatus, or other feature, whether temporary or permanent in nature shall constitute an obstruction to air navigation or a hazard to air navigation, as defined by the ALUP. 15. (ALUC) At least 30 days before proposed construction or application for a building permit, The construction plans for the proposed dwelling shall be submitted to the Air Traffic Division of the FAA regional office having jurisdiction over San Luis Obispo County to determine compliance with the provisions of FAR Part 77. In addition, applicable construction activities must be reported via FAA Form 7460-1. 16. (ALUC) Any use of the Project site is prohibited that may entail characteristics which would potentially interfere with the takeoff, landing, or maneuvering of aircraft at the Airport, including: • creation of electrical interference with navigation signals or radio communication between the aircraft and Airport; • lighting which is difficult to distinguish from Airport lighting; • glare in the eyes of pilots using the Airport; uses which attract birds and create bird strike hazards; • uses which produce visually significant quantities of smoke; and • uses which entail a risk of physical injury to operators or passengers of aircraft (e.g., exterior laser light demonstrations or shows). 17. (ALUC) At the time of application for construction permits, Avigation easements shall be recorded for the Project site. 18. (ALUC) At the time of application for construction permits, The applicant shall submit a real estate disclosure document to the County prior to the issuance of any building permit or conditional use permit that provides full and accurate disclosure concerning the noise, safety, or overflight impacts associated with Airport operations and said disclosure document shall be provided to all owners, potential purchasers, occupants (whether as owners or renters) and potential occupants (whether as owners or renters) prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. And adding new Condition 20 to read: 20. Prior to issuance of a constuction permit, the applicant/landowner shall obtain inal will serve letters from the Oceano community Services District as required by the OCSD Intent to Serve Commitment etter dated June 10, 2019". And approved Exhibit D Conditions of Approval for the Vesting Tentative Tact Map, adding new condition 21. f. to read: "21. f. Notification to prospective buyers that an additional map sheet was recorded with the final parcel or tract map. The restrictions, conditions and standards set forth in the additional map sheet apply to future development. It is the responsibility of the prospective buyers to read the information containd on the additional map sheet." And adding new Condition 21. g. to read: "21. g. Statement to notify owners that the property is prohibited from establishing a Vacation Rental as defined in the County Land Use Odinance Title 22.". Adopted.

Motion by: James Harrison

Second by: Jay Brown



Commissioners:

AYES

NOES

ABSTAIN

RECUSE

Jay Brown
Michael Multari
Dawn Ortiz-Legg
James Harrison
Don Campbell

X
X
X
X
X
For: 5
  • Don Campbell
  • James Harrison
  • Mike Multari
  • Jay Brown
  • Dawn Ortiz-Legg
Against: 0
Abstained: 0
Recused: 0
Absent: 0