HomeMy WebLinkAbout1149ORDINANCE 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 the health safety and welfare of persons living or working in the area or
at the site; and
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.
1149
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 Vwhich 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
11CII
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 Reauirements
1. All trees must be safety pruned to the satisfaction of the City Arborist.
2. 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.
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.
Ordinance No. 114TI989 Series)
Page 5
Mayor Ron Dunin
ATT
City dlerk Pam Vo s
APPROVED:
City Ad inistrative Officer
City Attorn
Community Development Director
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Ordinance No. 1149
FINALLY PASSED this 20th day of June
19 89on motion of Councilmember Rappa seconded by
Councilmember Pinard and on the following roll call
vote:
AYES: Councilmembers Rappa, Pina.rd, Reiss, Settle, and Mayor Dunin
NOES: None
ABSENT: None
AA ""'� -- p 06-.-.Umw
�Mayor Ron Dunin
ATTEST:
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City Nerk Pam Vog