HomeMy WebLinkAbout1506ORDINANCE NO. 1506 (2007 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE MITIGATED NEGATIVE DECLARATION AND AMENDING THE
ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R -2 -SP and C /OS -SP TO
R- 2 -SP -PD AND C /OS- SP -PD, ON APPROXIMATELY 10 ACRES AT 3000 CALLE MALVA,
MARGARITA AREA SPECIFIC PLAN (PD 98 -06; KING VENTURES)
WHEREAS, the Planning Commission conducted a public hearing on May 23, 2007, and
recommended approval of the Mitigated Negative Declaration and amendment to the site's Zoning as
shown on Exhibit A; and
WHEREAS, the City Council held public hearing on July 3, 2007 and has considered testimony
of other interested parties, the records of the Planning Commission hearing and action, and the
evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed revisions are consistent with the General
Plan, the purposes of the Zoning Regulations and other applicable City ordinances; and
WHEREAS, the City Council has considered the project's Mitigated Negative Declaration of
environmental impact; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council makes the following findings:
1. The project is consistent with the General Plan and the applicable Margarita Area Specific Plan, and
the proposed land uses are allowed within the applicable primary zoning districts, both existing and
proposed. The project provides exclusively residential and open space land uses on the subject site as
required by the General Plan, MASP, and applicable zoning districts, accommodating the prescribed
residential density ranges for Low, Medium and Medium -High Density land use designations, along
with a pro -rata share of Affordable Housing required for the Western Enclave area of the MASP, and
preservation of open space as prescribed by the MASP.
2. The project complies with all applicable provisions of these Zoning Regulations including those
modifications as authorized herein by utilization of the PD Overlay rezoning.
3. The approved modifications to the development standards of Zoning Regulations through the PD
Overlay are necessary and appropriate to accommodate the superior design of the proposed project,
its compatibility with adjacent land uses, and its successful mitigation of environmental impacts,
because doing so enables concentrating more units within the central portion of the site to achieve
higher densities prescribed by the MASP while maintaining larger lots and maximum setbacks in
perimeter lots for privacy protection to adjacent developed areas and allowing the open space lots to be
centered on the alignment of the three drainage ways in their natural state without relocation.
4. As conditioned, the project complies with all the applicable City Design Guidelines. Further, the PD
rezoning areas includes detached and attached single family construction that follows the MASP
Design Guidelines, including use of shared driveways, Craftsman architecture utilizing wood and
stucco exteriors, one and two -story buildings, front and back porches, side and rear - loaded garages
01506
Ordinance No. 1506 (2007 Series)
Page 2
facing away from public streets, and common landscaping designs.
5. As conditioned all affected public facilities, services, and utilities are adequate to serve the proposed
project, particularly as relates to other already approved subdivisions within the Western Enclave of
the MASP, for which the utility, services and infrastructure needs were designed comprehensively
and in coordinated manner.
6. The location, size, site planning, building design features, and operating characteristics of the project
are highly suited to the characteristics of the site and surrounding neighborhood, and will be
compatible with the character of the site, and the land uses and development intended for the
surrounding neighborhood by the General Plan and Margarita Area Specific Plan because the
subdivision design is respectful of adjoining, established neighborhoods by placing fewer and larger
lots next to these developments and accommodating the minimum required rear yards prescribed in
the MASP. Grade elevations have also been modified by the revised subdivision design so that new
buildings do not "tower" over established neighborhoods.
7. The site is suitable for the project in terms of size, configuration, topography, and other applicable
features, and has appropriate access to public streets with adequate capacity to accommodate the
quantity and type of traffic expected to be generated by the use, since the sloping constraints of the
site have been designed predominantly as a single- family, detached -style development. Access
streets to the subdivision and connections to adjacent existing and approved development are entirely
consistent with the MASP Circulation Element requirements and prior EIR conclusions with respect
to location and capacity, including provisions for construction of the Prado Road extension to Broad
Street.
8. The establishment, maintenance, or operation of the proposed project, as conditioned, will not, in the
circumstances of the particular case, be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity of the proposed use, or detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the City because, once
completed, the project will be a logical and appropriate expansion of the desired design and character
of the residential neighborhoods of the community as prescribed by the General Plan and MASP.
9. The project incorporates a minimum of two of four mandatory features to qualify for PD Overlay
Zoning as follows:
a. The project will preserve, enhance, and/or create a significant natural feature with a minimum
area of one -half acre. The project proposes the creation of 6 lots that will encompass a total of 73
acres (about 73% of the total site) for open space use pursuant to the requirements of the MASP.
A donation of one such lot, Lot 178, comprising 71 acres along the south face of the South Hills,
has already been offered to and accepted by the City as a conservation easement and ultimately,
fee title. This lot will be preserved as a permanent open space, the use of which will be enhanced
through maintenance of wildland fire green- breaks, controlled public access and connection to
other linear open space lots, centered on the site's three existing drainage ways, via a system of
trails /paths connecting to and through adjacent existing and approved subdivisions consistent
with requirements of the MASP.
Ordinance No. 1506 (2007 Series)
Page 3
b. The project will provide a substantial public amenity, for example, a significant public plaza, a
public park, or a similar improved open space feature, including provisions for guaranteed long-
term maintenance not at the expense of the City. The project includes development of trails,
public streets, public parking, habitat enhancement and open space /wildland fuel management as
a part of the construction and on -going operation of the residential /planned development project.
Public benefits will accrue from the project's preservation of natural creek channels largely in
their natural form and location, and a carefully integrated parallel storm water runoff collection
system (serving the entire Western Enclave development), and introduction of paths and trails to
allow public access to these areas, while also accommodating the public benefit of access to and
management of these waterways by the proposed Homeowners' Association for the tract and
Western Enclave.
SECTION 2. The Zoning Map Amendment is hereby approved and the central approximately
11 acres of the property rezoned to Planned Development (R- 2 -SP -PD and C /OS- SP -PD) as shown on
the attached Exhibit A subject to the following conditions and conditions of approval as set forth in
Resolution No. 9917 (2007 series) approving related VTM No. 2428.
1. Minimum lot widths in the R -2 -PD zone shall be 35 feet.
2. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right -of-
way and no less than 20 feet to the garage that has access to the public street.
3. Street -side setbacks on private streets shall be no less than 5 feet to the residence and no less than
20 feet to the garage from centerline of the private street for lots 117 through 137; for all other lots,
no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all
other non - street fronting side and rear yard setbacks.
4. Except for driveways in front of garages or where guest parking is provided, all yard setback areas
shall be landscaped.
5. Lot coverage by structures shall be no more than 75% of total net lot areas, excluding garages and
carports, patios, decks and roof overhangs.
6. Upper floor setbacks from property lines need not be more than as required for the ground floor
portion of the structure.
7. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet.
8. No exterior patio fence /wall heights may exceed a maximum height of 42 inches (3 -1/2 feet).
9. Driveway depths for garages facing private streets shall be designed to accommodate a parking
space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of
the common area portion of the drive or street. Variations of design to meet this performance
standard will be subject to approval of the Community Development Director and final plans shall
be reviewed and approved by the ARC.
Ordinance No. 1506 (2007 Series)
Page 4
10. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the
MASP for the size of the lot.
11. Development within the central Planned Development overlay area shall be developed consistent
with plans dated January 2007 on file at the City Community Development Department, except as
otherwise required by mitigations and conditions set forth herein and by Conditions of Approval
required in Resolution No. 9917 (2007 Series) approving the Vesting Tentative Map No. 2428.
SECTION 3 A summary of this ordinance, together with the names of Council members voting
for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a
newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of
the thirty (30) days after its final passage or upon final approval of the annexation by the Local Agency
Formation Commission, whichever occurs later.
INTRODUCED on the 3rd day of July 2007, AND FINALLY ADOPTED by the Council of the
City of San Luis Obispo at its meeting held on the 17th day of July 2007, on a motion of Council
Member Carter, seconded by Council Member Brown, and on the following roll call vote:
AYES:
Council Members Brown and Carter and Mayor Romero
NOES:
Vice Mayor Mulholland
ABSENT:
Council Member Settle
ATTEST:
- L64ZO . 11 ' -
Audrey Ho o - r
City Clerk
APPROVED AS TO FORM:
Jon than well
City Attorney
it
Mayor David F. Romero
i hereby certify that this document is a true
and accurate original of Ordinance No. 1506
and that the ordinance was published pursuant
to Charter Section 602.
Date City Clerk
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