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HomeMy WebLinkAbout1263ORDINANCE NO. 1263 (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) BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findin gs. 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 0 -1263 Ordinance No. 1263 (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 Ordinance No. 1263 (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. 1263 (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 sufficient soil to support grasses and forbes similar to surrounding land. Ordinance No. 1263 (1994 Series) Rosemont Planned Development 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. Ordinance No. 1263 (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 24th day of May . 1994, on motion of Rappa , seconded by Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle and Mayor Pinard NOES: None ABSENT: None Mayor Pif Pinard ATTEST: i Cler Dian R. Gladwell -_e Ordinance No. 1263 (1994 Series) Rosemont Planned Development Page 7 APPROVED: i torn GMARSMNr.ORD Ordinance No. 1263 (1994 Series) FINALLY PASSED this 7th day of June of Romero Rappa AYES: NOES: ABSENT: 1994, on motion seconded by and on the following roll call vote: Council Members Romero, Rappa, Settle and Roalman None Mayor Pinard Mayor Peg enard ATTEST: it Clerk Diane dadwell