HomeMy WebLinkAbout02/15/1994, 2 - PLANNED DEVELOPMENT REZONING ����h�►u►IIVIIIIIIIIIII°j����11 City Of SAn LUIS OSIS130
Owing COUNCIL AGENDA REPORT
2. Building Envelopes
Building envelopes'would be about the same as recommended by the Planning
Commission, but slightly larger than the Council's conceptual approval:
Previous Current
Lot 1 0.4 ac. 0.6 ac.
Lot 2 0.4 ac. 0.6 ac.
Lot 3 0.6 ac. 0.6 ac.
The primary change is extending the lot 2 building envelope to the northwest, to an
elevation about 30 feet higher. Also, building envelopes would be set back 40 feet
from the edge of the trough, rather than 50 feet, based on the completed
geotechnical study.
3. Caretaker's Dwelling
Council's conceptual approval excluded the caretaker's dwelling near Highway 1.
The Planning Commission recommendation had included it, subject to its having not
more than 1,200 square-feet living area and its being integrated.with an agricultural
building. The current proposal allows it, subject to the Commission's recommended
limits (finding # 7, condition #14).
4. Open Space Dedication
Because the upper lots are larger and the caretaker's dwelling area would be
excluded, the open space fee dedication area would be about 135 acres rather than
145 acres.
5. Grazing Rights
Grazing rights were not specifically addressed in the previous conditions. Staff had
assumed, in line with the owner's wishes at that time, that the existing grazing tenant
would have a renewable agreement with the City, for a specific term. Grazing rights
are now proposed to remain with the Ferrini family indefinitely (condition #19).
Staff recommends that the grazing rights be reserved to the Ferrini's for a term of
10 years, with automatic renewal unless either party objects, to assure that any future
grazing practices will be consistent with the Open Space Element, Chapter III,
concerning management of open space and greenbelt areas by the City (Policies 2.B
and 2.H).
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►�M�►�Hi�Hlll�ll�i° l@IU city of San tins OBISPO
COUNCIL AGENDA REPORT
6. Water Rights
Previously, the on-site well was to be available for City use, with the stipulation that the
three houses would not need to retrofit for water. Now, the well is to be used only on
site (condition #19), and the houses would need to retrofit if no allocations are available
when building permits are requested.
7. Environmental Determination
The applicant's proposed findings do not include an environmental determination, which
must be made (recommended finding #8).
8. Archaeological Monitoring
The environmental mitigation previously approved by the Council required on-site
monitoring during grading and excavation. This requirement was in consideration of the
site's sensitivity, archaeologists' recommendation, and request by the local Chumash
Council. The attached draft ordinance contains the City's standard condition for
archaeological mitigation(#6). At the applicant's request, the condition does not contain
the requirement for on-site monitoring and for a note on grading and construction plans
concerning the requirement.
9. Outdoor Lighting
Previously, outdoor lighting was not to be visible from outside the three lots. The
applicant requests deletion of this provision (condition #7).
10. Architectural Review
Previously, the three lots were to be designated sensitive sites, requiring Architectural
Review Commission approval of each dwelling. With the applicant's current proposal,
the previously proposed visual standards would be used, but ARC review would not be
required (condition #8).
11. Water Tank and Access Road
Details of grading and paving the water tank access road would be slightly revised or
omitted from conditions. The draft ordinance restores the omitted items.
12. Pond Seepage and Overflow
The relevant condition (#10) would emphasize overflow drainage rather than seepage, as
evaluated in the geotechnical study.
city of San LUIS OBISPO
XMiGe COUNCIL AGENDA REPORT
14. Geologic Study and City Liability
Now that the geotechnical study has been completed, there is no need to list it as a
requirement.
The applicant proposes revised language concerning City liability for geologic
problems (condition #13). Based on the geotechnical study and a review of the law,
the City Attorney has concluded that:
1. With proper attention to design and inspection details, the proposed
development of the site does not entail excessive risk for the City.
2. What remaining risk would exist is difficult to eliminate through a covenant.
3. If a condition (covenant) is to be applied, the previously proposed language
would offer more complete protection for the City.
The draft ordinance includes the previously proposed language.
15. Public Pedestrian Access
Public pedestrian access would be around the lots, to the west, rather than between
the lots on the private drive and water tank access road.
16. Swimming Pools
Swimming pools would have been prohibited. With the applicant's proposed
condition (#18), they would be allowed based on the geotechnical report. The
geotechnical report specifically addresses topics such as grading, foundations, slabs,
retaining walls, and water tank, but not swimming pools. The author of the report
has told staff that swimming pools can be installed safely; that there is little concern
on lot #3, and on lots 1 and 2, underdrains (for leaks) and adequate setback from
the edge of the trough probably would be recommended. Staff has revised condition
#8-E and condition #18 accordingly.
ALTERNATIVES
The Council may introduce the ordinance with findings and conditions different from those
proposed by the applicant or recommended by staff. (Certain types of findings or conditions
are required for an environmental determination and for a density bonus.) The Council
may deny the application. The Council may continue action, with direction to staff and the
applicant.
2•_S
��uHa► ��illllll�l ����1 city of San Luis OBIspo
OffiaMe COUNCIL AGENDA REPORT
RECOMMENDATION:
Introduce an ordinance, in summary form, to confirm the previous negative declaration of
environmental impact and to approve the rezoning and preliminary development plan, with
findings and conditions as shown in the attached draft ordinance.
The draft ordinance reflects staffs recommendation. Immediately following the draft
ordinance are the applicant's proposed findings and conditions. Following those is the
previously introduced ordinance.
ATTACHED
A - Draft ordinance adding PD zone and approving preliminary development plan
B - Applicant's proposed findings and conditions
C - Ordinance No. 1237 as introduced
D - Draft (recommended) ordinance summary
E - Partial reduced site plan
ENCLOSED
Site plan print
AVAILABLE FOR REFERENCE
Geotechnical Engineering and Slope Stability Report, Earth Systems Consultants, July 30,
1993.
GMARSMNT.CAR
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A
ORDINANCE NO. (1994 SERIES)
AN ORDINANCE OF THE SAN LUIS OBISPO CITY COUNCIL
ADDING THE PLANNED DEVELOPMENT ZONE TO THE FERRINI
OPEN SPACE EASEMENT AREA AND APPROVING A
PRELIMINARY DEVELOPMENT PLAN FOR
THE ROSEMONT PROJECT ON HIGHLAND DRIVE (PD 7-94)
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findines.
1. The Planning Commission and the City Council have held public hearings on the
proposed amendment in accordance with the California Government Code.
2. The Council has considered public testimony, the initial environmental study, and
the report and recommendation of staff and of the Planning Commission.
3. The Planned Development rezoning is consistent with the General Plan,
Conservation/Open Space designation, as explained in section A of the initial
environmental study.
4. The preliminary development plan is consistent with the purpose and intent of the
Conservation/Open Space and Planned Development zones.
5. The development will occur within an area specifically excepted from the general
limits of a previously recorded open space easement.
6. The proposed zoning promotes the public health, safety and general welfare.
7. The planned development is approved based on the following findings, as
provided in Municipal Code Section 17.62.040.A. Council recognizes the
remaining potential for a caretaker's dwelling of limited size and configuration,
within the easement exception area near Highway 1, and determines that this
dwelling constitutes a density bonus as provided in Section 17.62.040.B. The
density bonus is granted based on the following findings.
A. The project transfers allowable development, within the site, from areas of
greater environmental sensitivity or hazard to areas of less sensitivity or
hazard, because the development plan does not allow development
everywhere within the 14-acre open space easement exception area; it does
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designate building envelopes within parts of that area which are generally
less sensitive, excluding areas with higher fire hazard, higher risk of
damaging oak trees, higher risk of slope instability, and greater visibility.
The water resources available on site are limited to use on the site.
B. Features of the particular design achieve the intent of conventional
standards (privacy, usable open space, adequate parking, compatibility with
neighborhood character, and so on) as well as or better than the standards
themselves. Specifically these features are the formal, public pedestrian
access around the building sites, and the use of a common drive and
enhanced entry area, rather than three conventional lots, each with
minimal frontage on the Highland Drive cul-de-sac.
C. The proposed project provides exceptional public benefits which would not
be feasible under conventional development standards, specifically:
(1) Eliminating the small, substandard water tank which serves a few
dwellings in the area;
(2) Providing gravity-flow domestic water service available to existing
houses;
(3) Upgrading water pressure and duration of fire flow for existing
dwellings;
(4) Dedication of the remainder of parcel 52-512-24; and
(5) A gift in fee title to the City of approximately 135 acres of land for
open space.
8. The proposed project, with required mitigation measures fully described in the
initial environmental study (ER 89-92) and revised as contained in the following
conditions, will have no significant, adverse impacts. Council has approved a
negative declaration (Resolution No. 8155), with mitigation and monitoring, as
provided in State and City environmental review guidelines.
SEC'T'ION 2. Zone map amendment. The zone map is amended by addition of
the planned developed (PD) zone to the subject property, as described in the attached
Exhibit A.
�V
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 3
SECTION 3. PreliminaQ� development plan. The preliminary development plan
consists of drawings dated January 14, 1994, on file in the Community Development
Department. The Council approves the preliminary development plan subject to the
following conditions.
1. Grading and construction plans for public or common facilities and for dwellings
will include erosion control measures, such as limits on season of work,
permanent planting, and temporary erosion-control fabric and sediment traps, as
approved by the Community Development Director.
2. Grading, compaction, or excavation within the drip lines of oak trees will be
avoided. Before grading or construction begin, temporary fencing will be
provided along the drip lines, to remain in place during construction. The
subdivider and each lot developer will enter into a tree protection agreement,
with financial guarantee, in a form approved by the City. The subdivider or lot
developer will replace any oak tree in the construction area which dies within
three years of completion of the construction covered by the agreement, with two
oak trees, to the approval of the City Arborist. These requirements shall be
noted on grading and construction plans.
3. Domestic grazing animals (cattle, horses, sheep, or goats) shall not be allowed
within the individual lot areas.
4. Landscape plans shall include detailed specifications for successful relocation of
any oak trees from the rock pile areas, to the approval of the City Arborist.
5. A common driveway shall be provided to serve the lots, to the approval of the
Community Development Director.
6. If grading or other operations unearth archaeological resources, construction
activities shall cease. The Community Development Director shall be notified of
the extent and location of discovered materials so they may be recorded by a
qualified archaeologist. Disposition of artifacts shall comply with state and
federal laws.
7. Outdoor lighting will be limited to downward directed, low-intensity lighting for
safety of walkways, drives, or building entries. Outdoor lighting shall not be
visible from beyond the boundaries of the three lots.
z-9
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 4
8. All construction within the three lots at the end of Highland Drive shall be
subject to the following conditions:
A. Building exteriors, including fences and other structures, shall use colors
which blend with the surrounding vegetation.
B. Stone facing shall be used for any foundation stem walls visible from off
the site.
C. Foundation stem walls shall not exceed five feet tall above finished grade.
D. The maximum building height shall be 22 feet.
E. All buildings, decks, spas, swimming pools, and similar features shall be
limited to the designated building envelopes; areas outside designated
building envelopes shall be maintained essentially in a natural condition.
9. Developer shall provide a new water tank, pump, and main for domestic water
service and fire protection, to the approval of the Utilities Director. Plans for
these facilities shall be submitted for approval by the City concurrent with any
land division or prior to any building permit, whichever comes first.
A. The tank's precise location and form shall be designed to avoid damage to
surrounding and overhanging oak trees (tree trimming will be necessary).
B. The tank shall be screened by planting of additional native vegetation,
including oak trees, to the approval of the Community Development
Director.
C. The tank shall be painted with varied shades to camouflage it, to the
approval of the Community Development Director.
D. Applicant shall provide an access road to the new water tank, along the
general alignment of the existing ranch road and as shown on the
preliminary development plan. The nearby mortar stone will be preserved
in place. The water-tank access road shall be designed to minimize visual
impact, to the approval of the Community Development Director. From
the northern perimeter of the private lots, it shall have a surfaced width of
ten feet, and a clear width of not less than 12 feet. Developer shall
provide a lockable gate at the point where the proposed residential
driveway meets the tank access road. It shall have an all-weather, crushed-
rock surface, to blend visually with the surroundings. Any cut or fill slopes
2-/0
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 5
along the road shall be limited to two feet in height, shall make a gradual
transition to the natural slope of the ground surface, and shall be provided
with sufficient soil to support grasses and Forbes similar to surrounding
land. The access road shall provide a vehicle turning area at the tank.
The turning area shall not require removal of any existing trees, and shall
be subject to the same design limitations as the road.
E. Upon completion of these facilities by the developer and completion of
final inspection by the City Utilities Director, the developer shall offer to
dedicate them to the City. The City shall accept the offer of dedication
and thereafter maintain the facilities (tanks, pump or pumps, main line,
access road).
F. Developer shall not be responsible for provision of laterals, hook-ups, or
meters for existing residences on Highland Drive.
G. Developer shall provide an easement across lots #1 and #2 (on the
proposed driveway) for access to the water tank access road.
10. Developer shall construct a non-erosive overflow spillway from the existing stock
pond and convey the overflow in a non-erosive manner to the drainage swale to
the east of the pond, in conformance with the recommendations of the project
geotechnical report dated July 30, 1993.
11. Lot owners shall manage vegetation within the lots for fire safety, by measures
such as encouraging grass or fire-resistant shrubs instead of highly flammable
brush within thirty feet of dwellings, and separation of low-hanging oak branches
from the ground.
12. Prior to issuance of building permits, all debris and derelict equipment shall be
removed from the site.
13. Prior to any land division or issuance of a grading or building permit, applicant
shall submit for City Attorney approval a recordable covenant, running with the
land and binding on applicant and applicant's successors, heirs and assigns,
indemnifying the City of San Luis Obispo from any and all liability for earth
movement or any other geologic hazard arising out of development of the site.
14. The caretaker's dwelling located within the four-acre area near Highway 1 shall
be limited to 1,200 square-feet of livable area and shall be part of an agricultural
building.
241
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 6
15. Setbacks for any habitable structure on lot # l and lot #2 shall be as delineated
on the setbacks map, Figure 1, in the project geotechnical report dated July 30,
1993.
16. Owner shall offer for dedication to the City that portion of Assessor's Parcel
Number 052-512-24 (August 1992 map) which is west of Highland Drive to the
end of the Highland Drive right-of-way at the end of the existing Highland Drive
cul-de-sac.
17. No tennis courts shall be developed on the site.
18. Swimming pools shall be allowed, but must be constructed based upon the
information contained in the project geotechnical report dated July 30, 1993, and
individual engineering assessments.
19. Approximately 135 acres of open space shall be dedicated in fee to the City. The
gift deed shall be executed before issuance of grading permits or recordation of
the parcel map for creation of the lots. The gift deed shall be recorded after
acceptance of the public improvements and release of any bonds for those
improvements. Ferrini family shall retain the grazing rights on the open space
area for a period of ten years following recordation of the gift deed, with
automatic extensions of ten years each, unless either the Ferrini family or the City
notifies the other of an objection to renewal. The Ferrini well water shall be used
only on the site.
SECTION 4. A summary of this ordinance, approved by the City Attorney,
together with the votes for and against, shall be published once, at least five days prior to
its final passage, in the Telegram-Tribune, a newspaper published and circulated in this
City. This ordinance shall go into effect at the expiration of 30 days after its final
passage.
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 7
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the day of 1992, on motion
of seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
APPROVED:
W' A7�-�
GMARSMNT.ORD
��13
EXHIBIT A
PD 89-92
CITY LI r1�T3
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SITE -�-• ` . . I � �':
DEVELOPMENT,,,/
LOCATION
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NORT:i
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GRAPHIC SCAL=
- 0 500 7,000 2.000 3,000
ROSEMONT PLANNED DEVELOPMENT
FINDINGS FOR THE PROJECT
January 11, 1994
1. The Planning Commission and the City Council have held public hearings on the
proposed amendment in accordance with the California Government Code.
2. The Council has considered public testimony, the initial environmental study, and
the report and recommendation of staff and of the Planning Commission.
3. The planned development rezoning is consistent with the general plan,
conservationlopen space designation, as explained in section A of the initial
environmental study.
4. The preliminary development plan is consistent with the purpose and intent of the
conservation/open space and planned development zones.
5. The development will occur within an area specifically excepted from the general
limits of a previously recorded open space easement.
6. The proposed zoning promotes the public health, safety, and general welfare.
7. Council recognizes the remaining potential for a caretaker's dwelling of limited size
and configuration, within the easement exception area near Highway 1, and
determines that this dwelling constitutes a density bonus as provided in the planned
development zone. The density bonus is granted based on the following findings.
A. The project transfers allowable development, within the site, from areas of
greater environmental sensitivity or hazard to areas of less sensitivity or
hazard, because the development plan does not allow development
everywhere within the 14-acre open space easement exception area; it does
designate building envelopes within parts of that area which are generally less
sensitive, excluding areas with higher fire hazard, higher risk of damaging oak
trees, higher risk of slope instability, and greater visibility. The water
resources available on site are limited to use on the site.
B. Features of the particular design achieve the intent of conventional standards
(privacy, usable open space, adequate parking, compatibility with
neighborhood character, and so on) as well as or better than the standards
themselves, specifically the formal, public pedestrian access around the
building sites and the use of a common drive and enhanced entry area, rather
than three conventional lots, each with minimal frontage on the Highland
Drive cul-de-sac.
ROSEMONT PLANNED DEVELOPMENT - Flndings for the Project
Page 2
January 11. 1994
C. The proposed project provides exceptional public benefits which would not
be feasible under conventional development standards, specifically:
(1) Eliminating the small, substandard water tank which serves a few
dwellings in the area;
(2) Providing gravity-flow domestic water facilities available to existing
houses;
(3) Upgrading water pressure and duration of fire flow for existing
dwellings;
(4) Dedication of the remainder of parcel 52-512-24; and
(5) A gift in fee title to the City of approximately 135 acres of land for
open space.
v/resini.pin
.*Z 49
ROSEMONT PLANNED DEVELOPMENT
ACCEPTABLE CONDITIONS ON THE PROJECT
January 12, 1994
1. Grading and construction plans for public or common facilities and for dwellings will
include erosion control measures, such as limits on season of work, permanent
planting, and temporary erosion-control fabric and sediment traps, as approved by
the Community Development Director.
2. Grading, compaction, or excavation within the drip lines of oak trees will be
avoided. Before grading or construction begin, temporary fencing will be provided
along the drip lines, to remain in place during construction. The subdivider and
each lot developer will enter into a tree protection agreement, with financial
guarantee, in a form approved by the City. The subdivider or lot developer will
replace any oak tree in the construction area which dies within three years of
completion of the construction covered by the agreement, with two oak trees, to the
approval of the City Arborist. These requirements shall be noted. on grading and
construction plans.
3. Domestic grazing animals (cattle,horses, sheep, or goats) shall not be allowed within
the individual lot areas.
4. Landscape plans shall include detailed specifications for successful relocation of any
oak trees from the rock pile areas, to the approval of the City Arborist
5. A common driveway shall be provided to serve the lots, to the approval of the
Community Development Director.
6. If grading or other operations unearth archaeological resources, construction
activities shall cease. The Community Development Director shall be notified of the
extent and location of discovered materials so that they may be recorded by a
qualified archaeologist Disposition of artifacts shall comply with state and federal
laws.
7. Outdoor lighting will be limited to downward directed, low-intensity lighting for
safety of walkways, drives, or building entries.
8. All construction within the three lots at the end of Highland Drive shall be subject
to the following conditions:
A. Building exteriors, including fences and other structures, shall use colors
which blend with the surrounding vegetation.
ROSEMONT PLANNED DEVELOPMENT - Acceptable Conditions on the Project
Page 2
January 12, 1994
B. Stone facing shall be used for any foundation stem walls visible from off the
site.
C. Foundation stem walls shall not exceed five feet tall above finished grade.
D. The maximum building height shall be 22 feet.
E. All buildings, decks, spas, and similar features shall be limited to the
designated building envelopes; areas outside designated building envelopes
shall be maintained essentially in a natural condition.
9. Developer shall provide a new water tank, pump, and main for domestic water
service and fire protection, to the approval of the Utilities Director. Plans for these
facilities shall be submitted for approval by the City concurrent with any land
division or prior to any budding permit, whichever comes first.
A. The tank's precise location and form shall be designed to minimize damage
to surrounding and overhanging oak trees (tree trimming will be necessary).
B. The tank shall be screened by planting of additional native vegetation,
including oak trees, to the approval of the Community Development
Director.
C. The tanks shall be painted with varied shades to camouflage it, to the
approval of the Community Development Director.
D. Applicant shall provide an all weather access road and turning area for the
new water tank, along the general alignment of the existing ranch road and
as shown on the preliminary development plan. The water tank access road
shall be designed to minimize visual impact, to the approval of the
Community Development Director. From the northern perimeter of the
private lots, it shall have an all-weather surfaced width of ten feet, and a
clear width of not less than 12 feet. Developer shall provide a lockable gate
at the point where the proposed residential driveway meets the tank access
road. The access road shall provide a vehicle turning area at the tank. The
turning area shall not cause removal of any existing trees.
z-�8
ROSEMONT PLANNED DEVELOPMENT - Acceptable Conditions on the Project
Page 3
January 12, 1994
E. Upon completion of construction of these facilities by the developer and
completion of final inspection by the City Utilities Director, the developer
shall offer to dedicate them to the City. The City shall accept the offer of
dedication and thereafter maintain the facilities (tank, pump[s], main line,
access road).
F. Developer shall not be responsible for provision of laterals, hook-ups, or
meters for existing residences on Highland Drive.
G. Developer shall provide an easement across lots #1 and #2 (on the proposed
driveway) for access to the water tank access road.
10. Developer shall construct a non-erosive overflow spillway at the existing pond and
convey the overflow in a non-erosive manner to the drainage swale to the east of the
pond. This shall be constructed per the recommendations of the project
geotechnical report dated July 30, 1993.
11. Lot owners shall manage vegetation within the lots for fire safety, by measures such
as encouraging grass or fire-resistant shrubs instead of highly flammable brush
within thirty feet of dwellings, and separation of low-hanging oak branches from the
ground.
12. Prior to issuance of building permits, all debris and derelict equipment shall be
removed from the site.
13. Prior to any land division or issuance of a grading or building permit, applicant shall
submit for City Attorney approval a recordable covenant, running with the land and
binding on applicant and applicant's successors, heirs, and assigns agreeing not to
make any claim, or bring any lawsuit against the City of San Luis Obispo for earth
movement or any other geologic hazard arising out of development on the three lots
at the end of Highland Drive.
14. The caretaker's dwelling located within the 4-acre area near Highway 1 shall be
limited to 1,200 square feet of livable area and.shall be a part of an agricultural
budding.
15. Setbacks for any habitable structure on lots#1 and #2 shall be as delineated on the
setbacks map, Figure #1, contained in the geotechnical report dated July 30, 1993.
2-19
ROSEMONT PLANNED DEVELOPMENT - Acceptable Conditions on the Project
Page 4
January 12, 1994
16. Owner shall offer for dedication to the City the remainder of that portion of APN
052-512-24(August, 1992 map)which is west of Highland Drive up to the end of the
Highland Drive right-of-way at the end of the existing Highland Drive cul-de-sac.
17. No tennis courts are allowed.
18. Swimming pools shall be allowed, but must be constructed based upon the criteria
contained in the geotechnical/soils report dated July 30, 1993.
19. Approximately 135 acres of open space shall be dedicated in fee to the City. The
gift deed shall be recorded after acceptance of the improvements and release of
bonds. The gift deed shall be executed prior to issuance of grading permits or
recordation of the parcel map for construction on the lots. Ferrini Family shall
retain the grazing rights on the open space area. The Ferrini well water shall be
used only on site.
v/ferrini.pin
NREVIOUSLY INTRODUCED G
ORDINANCE NO.. 1237 (1993 SERIES)
AN ORDINANCE OF THE SAN LUIS OBISPO CITY COUNCIL ADDING THE
PLANNED DEVELOPMENT ZONE TO THE FERRINI OPEN SPACE EASEMENT
AREA AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR THE
ROSEMONT PROJECT ON HIGHLAND DRIVE (PD 89-92)
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findines
1. The Planning Commission and the City Council have held public hearings on the
proposed amendment in accordance with the California Government Code.
2. The Council has considered public testimony, the initial environmental study, and
the report and recommendation of staff and of the Planning Commission.
3. The planned development rezoning is consistent with the general plan,
conservation/open space designation, as explained in section A of the initial
environmental study.
4. The preliminary development plan is consistent with the purpose and intent of the
conservation/open space and planned development zones.
5. The development will occur within an area specifically excepted from the general
limits of a previously recorded open space easement.
6. The proposed zoning promotes the public health, safety and general welfare.
7. The owner has offered to give to the City fee ownership of the land (including
water rights) outside the proposed lots, and subject to the existing open space
easement, prior to or concurrent with recording the parcel map for the proposed
lots, or prior to obtaining a building permit, whichever comes first.
8. The proposed project, as revised and with required mitigation measures fully
described in the initial environmental study (ER 89-92), will have no significant,
adverse impacts. Council has approved a negative declaration (Resolution No.
8155), with mitigation and monitoring, as provided in State and City
environmental review guidelines.
9. The planned development is approved based on the following findings, as
provided in Municipal Code Section 17.62.040.
A. The project transfers allowable development, within the site, from areas of
greater environmental sensitivity or hazard to areas of less sensitivity or
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 2
hazard. Specifically, the lots would include about two acres of the 14-acre
open space easement exception area, and the designated building
envelopes are in an area with the least fire hazard, least risk of damaging
oak trees, least risk of geologic instability, and least visibility.
B. Features of the particular design achieve the intent of conventional
standards (privacy, usable open space, adequate parking, compatibility with
neighborhood character, and so on) as well as or better than the standards
themselves. Specifically these features are the formal, public pedestrian
access between the building sites and the use of a common drive and
enhanced entry area, rather than three conventional lots, each with
minimal frontage on the Highland Drive cul-de-sac.
C. The proposed project provides exceptional public benefits which would not
be feasible under conventional development standards, specifically: (a)
eliminating the small, substandard water tank which serves a few dwellings
in the area; (b) providing gravity-flow domestic water service for existing
houses; (c) upgrading water pressure and duration of fire flow for existing
dwellings.
10. Planned development zoning runs with the land, so the requirements and
conditions of the development plan approval can be changed only by Council
action to amend or remove the PD zone.
SECTION 2. Zone map amendment. The zone map is amended by addition of
the planned developed (PD) zone to the subject property, as described in the attached
Exhibit k
SECTION 3. Preliminary development plan. The preliminary development plan
consists of drawings dated May 4, 1993, on file in the Community Development
Department. The Council approves the preliminary development plan subject to the
following conditions.
1. Grading and construction plans for public or common facilities and for dwellings
will include erosion control measures, such as limits on season of work,
permanent planting, and temporary erosion-control fabric and sediment traps, as
approved by the Community Development Director.
2. Grading, compaction, or excavation within the drip lines of oak trees will be
avoided. Before grading or construction begin, temporary fencing will be
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 3
provided along the drip lines, to remain in place during construction. The
subdivider and each lot developer will enter into a tree protection agreement,
with financial guarantee, in a form approved by the City. The subdivider or lot
developer will replace any oak tree in the construction area which dies within
three years of completion of the construction covered by the agreement, with two
oak trees, to the approval of the City Arborist. These requirements shall be
noted on grading and construction plans.
3. Domestic grazing animals (cattle, horses, sheep, or goats) shall not be allowed
within the individual lot areas.
4. Landscape plans shall include detailed specifications for successful relocation of
any oak trees from the rock pile areas, to the approval of the City Arborist.
5. A common driveway shall be provided to serve the lots, to the approval of the
Community Development Director.
6. A qualified archaeologist and a Native American will be present on site during all
excavation and grading. If cultural resources are encountered, construction
activities which may affect them shall cease. The Community Development
Director and a representative of the appropriate Native American group shall be
notified of the extent and location of discovered materials. Materials will be
recorded by a qualified archaeologist. Disposition of artifacts shall comply with
state and federal laws. A note concerning this requirement shall be included on
the grading and construction plans for the project.
7. Outdoor lighting will be limited to downward directed, low-intensity lighting for
safety of walkways, drives, or building entries. Outdoor lighting shall not be
visible from beyond the boundaries of the three lots.
8. The lots are hereby designated sensitive sites, requiring Architectural Review
Commission approval of each new dwelling.
A. Building exteriors, including fences and other structures, shall use colors
which blend with the surrounding vegetation.
B. Stone facing shall be used for any foundation stem walls visible from off
the site.
C. Foundation stem walls shall not exceed five feet tall above finished grade.
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 4
9. Applicant shall provide a new water tank, pump, and main for domestic water
service and fire protection, to the approval of the Utilities Director. Plans for
these facilities shall be submitted for approval by the City concurrent with any
land division or prior to any building permit, whichever comes first.
A. The tank's precise location and form shall be designed to avoid damage to
surrounding and overhanging oak trees.
B. The tank shall be screened by planting of additional native vegetation,
including oak trees, to the approval of the Community Development
Director.
C. The tank shall be painted with varied shades to camouflage it, to the
approval of the Community Development Director.
D. Applicant shall provide an access road to the new water tank, along the
general alignment of the existing ranch road and as shown on the
preliminary development plan. The nearby mortar stone will be preserved
in place. The water-tank access road shall be designed to minimize visual
impact, to the approval of the Community Development Director. From
the northern perimeter of the private lots, it shall have a surfaced width of
ten feet, and a clear width of not less than 12 feet. It shall have an all-
weather, crushed-rock surface, to blend visually with the surroundings. Any
cut or fill slopes along the road shall be limited to two feet in height, shall
make a gradual transition to the natural slope of the ground surface, and
shall be provided with sufficient soil to support grasses and forbes similar
to surrounding land. The access road shall provide a vehicle turning area
at the tank. The turning area shall not encroach on the existing oak grove,
and shall be subject to the same design limitations as the road.
10. The maximum building height shall be 22 feet.
11. All buildings, decks, spas, and similar features shall be limited to the designated
building envelopes; areas outside designated building envelopes shall be
maintained essentially in a natural condition.
12. Seepage from the existing pond shall be controlled to the extent and in a manner
to be recommended in the final geotechnical study. Required measures may
include subsurface drainage or lining to prevent saturation of surrounding soils.
13. Lot owners shall manage vegetation within the lots for fire safety, by measures
such as encouraging grass or fire-resistant shrubs instead of highly flammable
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 5
brush within thirty feet of dwellings, and separation of low-hanging oak branches
from the ground.
14. Owners shall provide and maintain a public pedestrian access from the end of
Highland Drive to the City open space parcel, to the approval of the Community
Development Director. To avoid erosion on private property and the City open
space parcel, access by bicycles will be prohibited.
15. Prior to issuance of building permits, all debris and derelict equipment shall be
removed from the site.
16. Prior to any land division or building permit, applicant shall provide the City a
geotechnical study and recommendation based on adequate borings, to confirm
previous investigation and to demonstrate soil stability. The study shall address
suitability of the site for proposed dwellings and water tank, and potential risk to
surrounding properties due to proposed activities on the site. Before approving
any land division or building permit, the City shall have considered an evaluation
of this report and recommendation, prepared, at the applicant's expense, by a
qualified, independent geotechnical engineer selected by the City. Further, before
any land division or building permit is approved by the City, the City Council
must have reviewed the required geotechnical investigation and independent
evaluation
A. Prior to any land division or issuance of a grading or building permit,
applicant shall submit for City Attorney approval a recordable covenant,
running with the land and binding on applicant and applicant's successors,
heirs and assigns, indemnifying the City of San Luis Obispo from any and
all liability for earth movement or any other geologic hazard arising out of
development of the site.
17. Upon City acceptance of the water well within the open space area to be
conveyed to the City, construction of three dwellings shall be exempt from the
requirement to obtain a water allocation or to achieve a water usage offset
(retrofit), as provided in Municipal Code Chapter 17.89, Water Allocation
Regulations.
18. Owner shall dedicate to the City that portion of Assessor's Parcel Number 052-
512-24 (August 1992 map). which is west of Highland Drive and west of the
proposed private road serving the lots, together with an access easement from the
end of Highland Drive over that portion of the private, common driveway, as
needed to reach the northern end of the part of the parcel to be dedicated.
z -zs
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 6
19. No tennis courts or swimming pools shall be developed on the site.
20. Building envelopes shall be set back 50 feet from the low ridge on the easterly
sides of proposed lots 1 and 2.
21. Approximately 145 acres of open space shall be dedicated in fee to the City and
preserved in a natural condition, protecting wildlife habitats for present and future
citizens of San Luis Obispo.
SECTION 4. A summary of this ordinance, approved by the City Attorney,
together with the votes for and against, shall be published once, at least five days prior to
its final passage, in the Telegram-Tribune, a newspaper published and circulated in this
City. This ordinance shall go into effect at the expiration of 30 days after its final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 18th day of May . 1993, on motion
of Roalman . seconded by Romero , and on the following roll call vote:
AYES: Council Members Roalman, Romero, and Mayor Pinard
NOES: Council Member Settle
ABSENT: Council Member Rappa
Sf Fau ;- ?ne."34
Mayor Peg Pinard
ATTEST:
/s/ Diane R. Gladwell
City Clerk Diane R. Gladwell
APPROVED:
C/mvto tey
GMARSMNT.ORD
DRAFT SUMARY
ORDINANCE NO. (1994 SERIES)
Rosemont Planned Development
Highland Drive
On , 1994, the San Luis Obispo City Council voted to , to introduce
Ordinance No. (1994 Series), concerning the Rosemont project,which includes three lots
for houses and a large open space parcel, at the northwest end of Highland Drive (PD 7-94,
map below). The ordinance acknowledges the previous approval of a negative declaration
of environmental impact, in connection with a related general plan amendment (Resolution
No. 8155). The ordinance adds the planned development (PD) zone to the current zone,
which is Conservation/Open Space with a 40-acre minimum parcel size (C/OS-40). Also,
the ordinance approves a preliminary development plan,with conditions. Principal features
of the preliminary development plan are:
- A gift to the City of about 135 acres of land that is now covered by an open space
easement;
- A new water tank, to provide better water service and fire protection for the
neighborhood at the end of Highland Drive;
- Limits on the location, color, foundation design, and height of houses, and on the
type and location of such features as decks, fencing, lighting, and pools;
- Protection for oak trees and archaeological resources;
The Council must vote again to approve the ordinance before it can take effect.
That action is tentatively scheduled for
1994, at a regular City Council meeting to begin at 7:00 p.m. in the Council
Chamber of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's Office (Room #1)
at City Hall, 990 Palm Street. For more information, contact the Community Development
Department at 781-7171.
Diane Gladwell, City Clerk
GMARSMNrSUM
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February 7; 1994
Mr. Arnold Jonas R E C E I V E [j
Director
City of San Luis Obispo FEB 0 81994
Community Development Dept. CRY OF SAN WISOBISPO
P.O. Box 8100 COMMUNITY DEVELOPMEft-
San
OMI UNI YDEVELOPMEI-
San Luis Obispo, CA 93403-8100
Re: Rosemont Application
Dear Arnold:
On behalf of Mr. Felton Ferrini, we herewith request that the Rosemont project be
withdrawn and that the application fee be refunded.
Sincerely,
RRM DESIGN GROUP
Victor Mont
Chief tiv ce RECEIVED
cc: Fel n F FEB 7 1994",
CITy COUNCIL "
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