HomeMy WebLinkAbout06/07/1994, C-15 - FINAL PASSAGE OF ORDINANCE FOR ROSEMONT PLANNED DEVELOPMENT ON THE EAST SLOPE OF BISHOP PEAK-A REQUEST FOR DEVELOPMENT PLAN APPROVAL, WITHIN A CONSERVATION/OPEN SPACE ZONE, TO ENABLE THREE LOTS AND THREE HOUSES AT THE NORTHWEST END OF H �II�B��p���lylllll��l IIPIII MEETING DATE:
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Clty of san tuts oBispo ITEM NUM
COUNCIL AGENDA REPORT ' S
FROM: Arnold B. Jon ommunity Development Director
BY: Glen Matteson, Associate Planner
SUBJECT
Final passage of ordinance for Rosemont Planned Development on the east slope of Bishop
Peak -- a request for development plan approval, within a Conservation/Open Space zone,
to enable three lots and three houses at the northwest end of Highland Drive, and a
caretaker's dwelling near Highway 1, with an open space dedication (PD 45-94).
CAO RECOMMENDATION
Give final passage to Ordinance No. 1263, to confirm the previous negative declaration of
environmental impact and to approve the rezoning and preliminary development plan, with
findings and conditions, as introduced.
DISCUSSION
Situation
Council introduced this ordinance May 24. After the ordinance is given final passage, it will
take effect in 30 days.
Data Summary
Owner/applicant: Felton Ferrini
Representative: Victor Montgomery, RRM Design Group
Zoning: C/OS-40 (existing); C/OS-40-PD (requested)
Land Use Element map: Conservation/Open Space
Environmental status: Director approved a negative declaration August 31, 1992.
Action deadline: State law does not set a deadline for legislative acts such as this rezoning.
ATTACHED
Ordinance No. 1263
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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 45-94)
follows: BE IT ORDAINED by the Council of the City of San Luis Obispo as
SECTION 1. Fines.
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
designate building envelopes within parts of that area which are generally
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 2
less sensitive, excluding areas with higher fire hazard, higher risk of
damaging oak trees, higher risk of slope instability, and greater 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 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 environmental impacts as conditioned.
Council has approved a negative declaration (Resolution No. 8155), with
mitigation and monitoring, as provided in State and City environmental review
guidelines. The impacts of the revised project have been adequately addressed by
the previous initial study and negative declaration.
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 A.
SECTION 3. Preliminary development-plan The preliminary development plan
consists of a drawing dated April 13, 1994, on file in the Community Development
C-15-3
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 3
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.
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.
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 4
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.
F. Landscaping shall be compatible with native hillside vegetation and shall
provide a visual transition from developed to open areas.
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
along the road shall be limited in height, shall make a gradual transition to
the natural slope of the ground surface, and shall be provided with
sufficiezlt soil to support grasses and forbes similar to surrounding land.
C-/50.5
Ordinance No. (1994 Series)
Rosemont Planned Development i►
Page 5
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. The caretaker's dwelling located within the four-acre area near Highway 1 shall
be limited to 1,200 square-feet of livable area, shall be part of an agricultural
building, and shall be subject to use permit approval by the City Council.
14. Setbacks for any habitable structure on lot # 1 and lot #2 shall be as delineated
on the setbacks map, Figure 1, in the project geotechnical report dated July 30,
1993.
15. 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.
C-IS- G
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 6
16. No tennis courts shall be developed on the site.
17. 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.
18. Approximately 136 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. Any groundwater produced from a
well on the property to be dedicated shall be used only on the dedicated property,
or within the City limits and through the City's distribution system.
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 day of 1994, on motion
of seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor Peg Pinard
City Clerk Diane R. Gladwell
� •15-7, _
I
Ordinance No. (1994 Series)
Rosemont Planned Development
Page 7
APPROVED:
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June 7, 1994
Mr. Arnold Jonas, Director co CIL CDD DIR
Community Development Department A ❑ FIN DIR
City of San Luis Obispo ❑ FIRE CHIEF
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San Luis Obispo, CA 93401 GMT TEM ❑ REC DI CHF
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I O UTIL DiR
Re: Rosemont PD 45-94, Archaeology 1 ❑ PERS DIR
Dear Mr. Jonas:
It has come to my attention that the City recently received a letter from the San Luis
Obispo County Archaeology Society regarding this project. The letter suggest that
adequate mitigation measures have not been required by the City for this project with
regard to archaeology. This letter responds to the issues raised in their letter.
1`. The entire annexation area was reviewed by Dr. Charles Dills on September 14,
1977. Dr. Dills found marginal aboriginal evidence. No evidence of occupation was
found. According to City staff, Mr. Dills was ambivalent about even recording the
property as a site based upon his surface survey.
2. This project will not break ground in two weeks.
3. Both of the mortar stones found by Mr. Dills are proposed to be within permanent
open space areas; one within a dedicated City park, and one within the open space
area of Lot #3.
4. The mortar stone in the open space of Lot #3 will be avoided during construction
of the water tank access road.
5. Condition #6 of the PD ordinance requires construction activities to cease in the
event archaeological resources are unearthed. It also requires notification of the
City and an archeologist.
! 6. The site of the building envelopes has been previously disturbed as a part of earlier
ranching and construction activities at the time Highland Drive was constructed.
3o:6 South Higuera Street.San Luis Obispo,California 93401 8051c43-1794 I I�{V ry 094
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Mr. Arnold Jonas
Page 2
June 7, 1994
7. The project has been reduced in scope and area of potential impact since it was
initially envisioned in 1978. The mortar stone is now outside of the building
envelopes. It was previously inside the 14-acre development site.
8. I know of no open mine entrance located on the Ferrini Ranch property. The
"mine" referred to is located on the Bunnel property.
9. There is existing surface debris on the property left over from former ranch activities
(tanks, pumps, pipes, wood, rain gutters, valves, etc.) within the building lots. This
material will be removed. If someone wants any of this material, they may contact
Mr. Ferrini to arrange a viewing and discuss with him taking the material, if it is
deemed historically significant.
In conclusion:
1. The surface survey previously conducted does not indicate occupation of the site.
The material found does not warrant Phase II excavation according to the
archaeologist who did the surface survey. He did not recommend subsurface
evaluation. At the time of his surface survey, no sites were previously noted on this
property.
2. The mortar stone nearest the building envelopes is within an open space area of Lot
#3. The other mortar stone is already in a City park. The mortar stone on Lot #3
will not be disturbed.
3. The proposed building envelope area has been previously disturbed in conjunction
with earlier ranching and/or prior street construction activity associated with
Highland Drive.
4. The City has followed standard CEQA procedures by requiring field survey surface
review of the site. When this field survey yielded no evidence of occupation, the
City required (by Condition #6 of the PD) that during construction City standard
notification and mitigation measures be enacted if subsurface archaeological
resources are encountered. These mitigation measures are consistent with CEQA
and the recommendations of the archaeologist who performed the survey.
����yersaryl
20
Mr. Arnold Jonas
Page 3
June 7, 1994
Mr. Ferrini concurs with the City's procedures and will follow the City mitigation
guidelines, if archaeological resources are unearthed. At present, no evidence exists to
warrant Phase II analysis or other extraordinary mitigation measures.
We hope that the City Council will not further delay the second reading of the ordinance
and allow this project to move forward with the; previously recommended mitigation
contained in Condition #6.
Sincerely,
RRM DESIGN GROUP
mofSLO-Council
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06/07/94 13'58 $805 543 1609 RRDI DESIGN GROUP ai_ + SLO CITY HALL Z001
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ENVIRONMENTAL
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DRAFT
ENVIRONMENTAL IMPACT REPORT
FCRRINI ANNEXATION AND DEVELOPMENT PLAN
SAN LUIS OBISPO, CALIroRNIA
Prepared fur:
CITY OF SAN. LUIS 0HISVO
VrrDarad by:
MCRRIAM, DEASY AND WHISENANT, INC.
February 17, 1.978
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06/07/94 13:59 $805 543 4609 RRM DESIGN GROUP SLO CITY HALL 16004
B. ARCHAEOLOGY
Dr. Charles Dills did a field check of the project area on' Seotember 14,
.1977. Marginal aboriginal evidence was encountered.: Three stone fragments
that appear to have been used as scrapers were found at lot 86. A small
mortar was found in the proposed park land dedication. A larger mortar
site was located uphill to the west of this development. No occupation
area associated with this mortar site was found and the records of the
S.L.O. Archaeological Society indicate none. Dr. Dills concludes that: the
probability is low that any occupation site is in this project. Neverthe-
less, he indicates that archaeological evidence is abundant in the Bishop '
Peak area and cautions that the developer and his contractor should be
sensitive to the importance of reporting anything suspicious during gra- '
ding and construction work.
There is no significant impact from the project as long as the park area is
retained in its proposed location and the small mortar there is not disturbed_
Some provision which would prevent disturbance of the mortar should be.made
as a part of park improvement design.
C. NOISE f
The Noise Element of the City's General Plan estimates that yard areas and '
homes within 60 feet of the centerline of Patricia Drive are exposed to noise
levels greater than 60 Ldn. Any noise level above 60 Ldn is considered 'norm-
ally unacceptable." The Noise Element estimates are based on theoretical
mathematical models, not on field measurements.
A "Noise Survey" employing Field measurements was conducted on'Patricia-
Drive
atricia•Drive by Dr. Harry Hazebrook, P.E. on November 6-9, 1977. Noise on Pat
ricia Drive, both north and south of Highland Avenue, was found to be 53 Ldn
at 20 feet back of the sidewalk (46' from the street center-Aine).
. Dr. .Hazebrook estimates that the traffic generated by the proposed pro-
ject .(as projected by Dr. Andrew Jones in the Traffic Study) would pro-
duce a maximum ZdBA increase to the existing Community Noise Level of 53 Ldn-
41
06/07 93 14:00 '$,S05 513 1609 RR's DESIGN GROUP SLO CITY HALL r6nn5
• ' 1. 5:..MT-77
Perrini AnnexStion
FagP'1�
This is especially important on Tots 71 through 137, where Bishop's reale and
the Oak woodland arra tomos the natural setting. ;
As part of the development plan, :special rear setback lives uruld bre
established for hillside Tots which will insure khat homes ai•e built. r•lt tfie
lower clevativa . In addition. eond-Itions may be Vr lhlithed which prohibit
the construction of accessory buildings or fencing within Lhese special
setback areas. (An alternative to this approach is tc% rrdesicln the subdivision
s.Q.that rear iuL lines are not located at higher m rrvatfons or smaller lots
are allowed to reduce tine visual impact of hillside housing. )
- On sensitive hillside sites. conditions may hr, r�51.ablished which control
the permitted height of structures. These retrLures would be especially
useful in rnritrolIIng the site planning on ants 17 through 42.
- As part of the development proposal th? amil irrrnt. Should be rrqufr_d to
prepare a more definitive site plan and preliminary Uradin!1 plan to allo:v
more Lhuruugh evaluation. A topogriphir morlel nr the proposed F.7-11nit.
development would help the city visually understdnd grading and site
planning prnposals-
I. Vegetation and Wildlife.
The devulujimenL of 87 houses within Che annpYltion area will involve almost
total removal of tine grass cover that is mm-j.used for the grazing of cattle.
There arp no rare or endangered species of plants or animals located within
the annex�Liun area. The majority.. it not ill , of tine home sites arri located
outside the cal; woodland habitat. Willi Lhu exception of one sycamore, no
trees wnnlei have to be removed to accommodate the housing units.
labile Lhcre ar.- a number of drainage Wd.ys moving through the annexation arra,
than? is a notable absence of riparian habitat. 01k trees along the drafndye
svraie adjacent to the DroDosed park are the only significant vegetation.
Most of the understory growth in Lhis dreg Itas been ellmfnated by grazing
animals. iluch of the annexation area appears to have been overgrazed by
cai.Lle.
Conriusion.
The proposed project :till not siyrii('ic�uLi.y affect. valuable wegatation and
,a wildlife resources in this area.
J. Archaeological Resources.
A field clieck of the area 1•ras madrr by Or Chanes F. Dills on September 1•l,
1977. Dr. Dills found marginal aburiyindl evidence was encountered -within t.hp
annpxatinn arca. Three stone scrapers were found at lot OG. A samll rint-tar
was fuund in the mrnposed parkland cledic.ation. A lar,ler mortar site is
located uphill to the rest o`f this deve%pwenr.. No occupation-area associated
With this mortar- site has been found, nor do the records of the S. L. 0
c Archaeoluyicdl Society show any aboriginal citpc in this area.
Conclusion_
Although the firl•l -hrck 5hmaed no evidence or ar, al:gririinal occul+ation, [h•.
VLi—I IS lndirAt •: t.l,ai arrhaeologi'cal cvirlrncti ill t.hr, 'Al of
• 06/07/94 11:00 $805 543 4609 RRM DESIGN GROUP SLO CITY HALL 16006 . ,.
•
I. S.. 1161-77 s
ferrinl Annexation
gage 14 ff
• fie states, "I do nL)t feel comfortable reporting it (tire annexation area) as
a site but I am equally uncomfortable about ignorfrrcf the possibility_"
(Page A-2, .0.414graph 3). Only if an aboriginal site r�ere discovered within the
annexation- area": would the proposed project have a significant impact on
A rchaeo)ogical resources.
IKi ti9a tf on'_ -
As part of tine improvements made to tf,e property (street gr,dinq. ctc. ) workers
should be sensitized to the importance of teportinq anything suspicious
immediateTy. The scheduling of improvements should contain a contingency plan
t-:hich allows careful excavation of any significant archaeological finds within
the annexation area_
III_ STAFF RECOMMENDATIONS
(lased on the proceeding evaluation and the attached project r-ennrt tfie propnsr?d
annexation and 87-unit housing development may .have a cirinificant irrpict gn the
environment_ An Environmental Impact Report (EIR,) should be prepared. This
report should focus on the following issues:.
1. The EIR prepared by an independent consultant Should suhstarrtiate the
information and conclusions contained within the attached project report_ ,
2. The EIP, should contain an expanded description of the project to allow more
thorough environmental evaluation.
3. noise and Circulation: (see page 2•of this initial study).
4. Parks and Recreation: (see pages 6 and 7 -- the EIR should include a Iegal
evaluation of the open space easement agreement).
5. Water Servicer (see pages 7 and 8). ,
6. Sewer Service: (see page 9).
7. Seismic and Geologic Hazards: (see pages 10 and 11 ).
8_ . Visual and Aesthetic Impact: (see pages 11 , 12 and 13). '
TS:rb
TO/17/77
Attachments
A-14
06107/9.3 11:01 $805 513 4609 RMI DESIGN GROUP SLO CITY HALL Z007
Ordinance No. (1994 Series)
Rosemont Planned Development
ff Page.3
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 vri-11 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 Iot
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
arty oak trees from the rock pile areas, to the approval of the City Arborist-
5.
rborist5. A common driveway shall be provided to serve the Iots, to the approval of the
Community Development Director.
If grading or othdr 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 Iimited to downward.directed, low-intensity lighting for
safety of walkways, drives, or building entries:
8_ All construction-within the three lou 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.
A�NYf.ITEM #AC'/S -
1 C r= I ` F-
in 7 1994 COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
CITY CLERK
EF COUNCIL CDD DIR
June 3, 1994 dCAO ❑ FIN DIR
VACAO -❑�RE CHIEF
TO: John Dunn, CA��
VTTORNEY HPty DIR
CLERWORIQ ❑ POLICE CHF
FROM: Arnold Jonas, Community Development Director DC3MGMTTEAM 13 TEAM
❑ C READ FILE ❑ UTIL DIR
VIA: Ron Whisenand, Development Review Manager ❑ PERS DIR
BY: Glen Matteson, Associate Planner
SUBJECT: County Archaeological Society letter concerning Rosemont project
RESPONSE
The Ferrini annexation EIR included a records search and surface survey. In preparing the
initial study for the current application, staff again checked with the UCSB information
center. Sensitivity for cultural resources was documented in the initial study,which tried to
distinguish between the building envelopes and surrounding areas,without revealing precise
locations of known resources in the vicinity (other than some obvious mortar stones).
The referenced archaeological site (#696) consists of the bedrock mortars. Since the
remaining, visible mortars generally coincide with the oak groves, development of the
building envelopes is not expected to affect them. According to the initial study, "While
shells, tools, or other artifacts indicating habitation have not been found on this site, there
is a high likelihood of encountering them on these slopes of Bishop Peak."
The Northern Chumash Council was invited to comment as the initial study was prepared.
Chumash Council member Leilynn Odom's oral comments were paraphrased in the initial
study; no written comments were received. Also, staff consulted informally with
archaeologist Clay Singer in preparing the initial study. Public comment was again solicited
when the notice of a negative declaration was published.
The initial planned-development approval (withdrawn before final action) called for on-site
monitoring by a qualified archaeologist and an appropriate Native American group during
all excavation and grading. The City's standard mitigation, which does not require
monitoring during excavation and grading, was ultimately included in the current approval.
Concerning the Society's specific questions:
1. The proposed lot boundaries will overlap the general boundary of the #696 site, but
the bedrock mortars will be preserved.
2. No historical resources within the proposed lots have been documented.
3. No plan for cultural resources protection under City ownership has been proposed.
(Given the nearly unlimited public pedestrian access that has existed, no substantial
changes to cultural resources as a result of City ownership are expected.)
4. Cultural resources have been evaluated, but no pre-construction exploratory
excavation has been done. The City's standard mitigation basically tells the applicant
that he is proceeding at his risk: "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."