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HomeMy WebLinkAbout06/20/1989, C-3 - PD 1437 AND TRACT 1672, A REQUEST TO REZONE A 2.59 ACRE SITE FROM R-2 TO R-2-PD AND SUBDIVIDE THE S MEFUG OATS: city o f so ► �aIs OBlspo -.W COUNCIL AGENDA REPORT MM NUMBER: FROM: Michael Multari, Community Development Director; By: David Moran Assistant Planner SUBJECT: PD 1437 and Tract 1672, a request to rezone a 2.59 acre site from R-2 to R-2-PD and subdivide the site into 11 medium density residential lots on the east side of Bullock Lane southerly of Orcutt. Road. CAO RECOMMENDATION: Give final passage to Ordinance No. 1149 to concur with the negative declaration on environmental impact, and approve the rezoning.. INTRODUCTION At its June 6th meeting the Council passed to print Ordinance No. 1149 to rezone this 2.59 acre site to add the Planned Development overlay for the purpose of subdividing it into 11 medium density residential lots. Planned development rezoning must occur simultaneously with with approval of a specific project. In this case, the specific project is a residential subdivision (Tract 1672) in which the applicant wants to distribute the allowable development potential of the entire site among 11 lots and retain the creek area as open space. The Council approved the rezoning and tentative map with conditions and deleted a proposed parking island in the center of the cul-de-sac street. SIGNIFICANT IMPACTS The Council concurred with the negative declaration on environmental impact which identified a number of potential impacts and appropriate mitigation measures relating to noise, land use compatibility and creek habitat preservation and restoration. No significant fiscal impacts are anticipated. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION If Ordinance No. 1149 is not adopted, the site could still be subdivided in accordance with Tract 1672 which was approved by resolution at the Council's June 6th meeting. However, the transfer of development potential could not take place. RECOMMENDATION Grant final passage to Ordinance No. 1149 to approve the PD rezoning. Attachments: Ordinance No. 1149 ORDINANCE NO. 1149 (1989 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PD 1437A, AMENDING THE OFFICIAL ZONE MAP OF THE CITY TO REZONE APPROXIMATELY 2.59 ACRES AT 3450 BULLOCK LANE FROM R-2 TO R-2-PD WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate zoning on the subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the project will not have a significant adverse impact on the environment and has been granted a negative declaration subject to the mitigation measures listed in initial study No. ER 2-89 which is hereby incorporated by reference; and WHEREAS, the proposed rezoning and preliminary development plan will not be detrimental to thehealth safety and welfare of persons living or working in the area or at the site; and l WHEREAS, the proposed rezoning and preliminary development plan are consistent with the general plan; and WHEREAS, the proposed project is appropriate at the proposed location and will be compatible with surrounding land uses. WHEREAS, features of the proposed rezoning and preliminary development plan design achieve the intent of conventional standards for privacy, parking and neighborhood compatibility as well or better than the standards themselves. WHEREAS, the proposed preliminary development plan transfers allowable development within the site from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard. NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and included herein by reference, be reclassified from R-2 to R-2-PD. d-J-z Ordinance No. 1141989 Series) Page 2 SECTION 2. After review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby upheld. SECTION 3. That approval of the Planned Development rezoning and preliminary development plan shall be subject to the following conditions: 1. The applicant shall file a precise development plan for city approval within six months of preliminary plan approval. The Preliminary Development Plan approval shall expire if a precise development plan is not filed and approved. 2. A maximum 2.2 equivalent dwelling units are allowed per lot with a maximum 3 dwellings per lot. 3. A 15 foot street yard is approved for lots 4 through 11 where 20 feet is normally required. 4. The project shall be built, maintained and operated in strict conformance with approved precise development plans. 5. A permanent open space and pedestrian access easement shall be dedicated to the city for the areas generally shown on the attached Exhibit "B", and subject to the approval of the Community Development Director and City Attorney. The open space and access easements shall run with the land and provide the following limitations on land use or alterations: a. No structures or solid fencing shall be placed on or within said premises. b. No advertising of any kind shall be located within said premises, except a project identification sign. c. The general topography of the area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. d. No removal of vegetation except for fire protection or other hazards or elimination of diseased growth as approved by the Community Development Director. e. The open space dedication shall include an area which is a minimum 20 feet from the top of bank of the creek. f. All of the willows shall be preserved on the project site. Ordinance No. 1149 (1989 Series) Page 3 6. The applicant shall submit a creek vegetation restoration plan to the Community Development Department and Department of Fish and Game for review and approval which shows: — The trunk diameter, species and status of each tree (to be removed, preserved and safety pruned, etc.). — Planting of additional vegetation along the creek, showing size, type and location. -- Clearing of debris and refuse from the creek channel. 7. The applicant shall construct one-half of Bullock Lane plus a 12 foot travel lane along the project's entire Bullock lane frontage, to the satisfaction of the City Engineer. 8. The applicant shall dedicate to the city and improve a full cul-de-sac turnaround of 50-foot property line radius including curb, gutter, sidewalk, driveway approaches, street tree easement and public utilities easement. Street pavement shall be installed to the satisfaction of the City Engineer and shall be a minim 46 foot right-of-way for the cul-de-sac with curb, gutter and sidewalk along the northerly side of the street and curb only along the southerly (creek) side as shown on Exhibit ^C". 9. A noise evaluation shall be done of the site which identifies all areas subject to 60 Ldn noise exposure. The study shall identify mitigation measures which shall be incorporated into the design of any development plans on the affected lots. All projects on parcels falling within the 60 Ldn contour shall be designed to satisfy the exterior and interior noise standards contained in the Noise Element of the general plan. 10. Any runoff directed to the creek from the project shall be done in a non-erosive manner. 11. A 6-foot fence shall be installed along the portion of the proposed subdivision which borders the adjacent parking lot for the nonconforming commercial use. Code Requirements 1. All trees must be safety pruned to the satisfaction of the City Arborist. Z Street trees are required to be planted per city standards for every 35 feet of frontage. 3. Sewer lift station charges are required to be paid prior to recordation of the final map. 4. Water and sewer mains shall be installed and sized to the satisfaction of the City Engineer. 5. Fire hydrants shall be provided to the satisfaction of the City Fire Department. � 1 Ordinance No. 1149 (1989 series) Page 4 6. Site grading and drainage shall be to the satisfaction of the City Engineer and Community Development Departments. 7. Final development plans shall show all existing and proposed utilities, including existing facilities to be relocated. 8 Building design, landscaping and signage shall be as approved by the Architectural Review Commission. SECTION 4. A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. On motion of Councilmember Rappa seconded by Councilmember Pinard . and on the following roll call vote: AYES- Councilmembers Rappa, Pinard, Reiss and Mayor Dunin NOES: Councilmember Settle ABSENT: None the foregoing ordinance was passed and adopted this 6th day of June 1989. C Ordinance No. 114$1989 Series) Page 5 .00 A A a s TMayor. 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