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HomeMy WebLinkAbout0759ORDINANCE NO. 759 (1978 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP (TO PREZONE PROPERTY KNOWN AS THE FERRINI ANNEXATION) WHEREAS, the owner of 199 acres at the edge of the north city limits has received approval of the Local Agency Formation Commission for annexation to the City of San Luis Obispo; and WHEREAS, to comply with city annexation policy the applicant has requested prezoning of said 199 acres with a subdivision plan for 51 of those acres; and WHEREAS, the Planning Commission has conducted public hearings on the re- quest and has recommended zoning consistent with the applicants request; and WHEREAS, the City Council finds that the recommended prezoning is consis- tent with the City General Plan as recently amended; . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That the following described property proposed for_annexation to the City of San Luis Obispo be shown on the official zone map of the City of San Luis Obispo as an amendment thereto reclassified as follows: Said property is also shown on the map attached hereto marked Exhibit "A" and incorporated herein by reference. From county A -1 -5 zone to city R -1- Planned Development and A /C- 40.Agricultural Conservation zones real property described as follows: A parcel of land being a portion of the Northeast 1/4 of -Section 21 and the Northwest 1/4 of the Northwest 1/4 of Section 22, T.30 S., R. 12E., M.D.M., San Luis Obispo.County, California, described as follows: Beginning at the 1/4 corner common to said Sections 21 and 22 and running along the West line of the Southwest 1/4 of the Northwest 1/4 of said Section 22 North 0° 12' oo" East, .616.20 feet more or less to a point on the westerly line of 0 759 Ordinance No. 759 Prezoning - Ferrini Annexation Page 3 General location: Located at the northern city boundary as depicted on attached map. Approval of said prezoning is subject to applicant's development plan plus the following conditions: rnnditinnc WATER (1) Applicant shall install a 140,000 gallon water tank to.be dedicated to the city. (2) Applicant shall dedicate to the city a tank site suitable to it and access road - thereto. (3) Applicant shall install. pump and water feeder system to the tank from 27" transmission main at Highway 1 to the satisfaction of the city utilities engineer. SEWER (4) Downstream sewer deficiencies in Jeffrey Drive and Cerro Romauldo shall be, rectfied - by the applicant as a part of the tentative tract map if said lines are not irectified prior to that time. DRAINAGE (5) If the culvert at the end of Clover Street is ;not adequte_to handl_e__ a 100 -year storm, the developershall- present engineering calculations showin that the adjacent homes. will not flood during a 100 -year storm. If this occurs, the developer shall be responsible to increase the size of the culvert under Clover Street. (6) The tentahive map shall indicate how water service is to be provided to the tract. (7) A note shall be placed on the map indicating the existing springs and provisions made in the improvement plans to handle the flow from them above Patricia Drive at the entrance to lots 80, 81 & 82. Ordinance No. 759 Prezoning - Ferrini Annexation Page 2 Tract 460 as shown on map filed for record in Book 8 at Page 39 of Maps in the office of the San Luis Obispo County recorder; thence running along said wes- terly line North 27 0_10' ,00" West, 292.79 feet more or less to_the.most westerly corner of said Tract 460; thence continuing along said westerly line North 62° 50' 00" East, 151.55 feet more or less to the said west line of the Southwest 1/4 of the Northwest 1/4 of said Section 22; thence continuing along said west line, North 0 12' 00" East, 374.12 feet more or less to the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 22; thence East, 1320.00 feet more or less to the Northeast corner of the Southwest 1/4 of the Northwest 1/4 of said Section 22; thence running along the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 22. North 00 08'_30" West, 859.30 feet more or less to a point on the westerly right of way line of California State Highway 05- SLO -01; thence following said westerly right of way line North 44 °-31' 30" West, 38.89 feet more or less to a point; thence continuing along said right of way line North 58 038' 30" West, 33.84 feet; thence continuing along said right of way line North 45� 07' 30" West, 632.54 feet more or less to a point on the north line of said Section 22; thence along said north line North 89°53' 20" .! West, 829.05 feet more or less to the Northwest corner of said Section 22; thence along the north line of said Section 21 WEST, 2640.00 feet more or less to the Northwest corner of the Northeast 1/4 of said section 21; thence SOUTH 2640.00 feet more or less to the Southwest corner of the Northeast 1/4 of said Section 21; thence EAST 2640.00 feet more or less to the 1/4 corner common to said Section 21 and Section 22 and to the true point of beginning. Containing 199 acres more or less. The above described property is classified as R -1 Planned Development and A /C -40 Agricultural Conservation zones as depicted on exhibit V attached_ hereto. Ordinance No. 759 Prezoning - Ferrini Annexation Page 4 (�) Drainage easements shall be2provided for all natural drainage ways. The actual width s.hall be from top of bank to top of,bank. A minimum of 10 feet shall be provided. Access points to the easements shall be providcd.as required by the public services department. The easements shall be noted on the tentative map. (9 ) All lots shal I. be designed to drain to the . street or to a na tur .al. drainage way. .(A more complete grading plan shall be submitted and approved as a part of the tentative map.) A note shall be placed on the final map indicating that all homes and driveways shall.drain to the street or to a natural drainage way. (10) Any cross lot drainage'shall not be increased due to the development of this tract or of individual lots. The developer of each lot shall be responsible to design his project so it doesn't increase or concen- trate the flow of water from his project to his neighbors. To provide for this contingency, additional easements must be shown on the tentative map to allow for individual lots to drain to a street. The easements shall be to the lots and not to the city. (1l) All drainage structures (shall be designed fora 100 -year storm_ Exceptions to the si.!bdivisinn ordinance;sha l-T be provided for lots which do not have adequate frontages. STREETS - -- -- - - - - - -- - - -- - -- - - (12 ) A tentati-v_e - map_shal_l contai n the name of all the streets , (13) Construct the end of Al Hill with a city standard cul -de -sac, including. curb, gutter and sidewalk. (14) Note on the final map that lots having access off the end of Oakridge Drive are responsible to construct and maintain their own driveways from the end of Oakridge Drive. The driveways shall be constructed from the end of Oakridge Drive to the tract boundary as a part of this subdivision. Ordinance No. 759 Prezon_i.nq - Ferri,ni Annexation Pao;e 5 (15) Relocate Pasatiempo Street above Pasatiempo Court to the west so that the - street north of Pasatiempo Court will be in the gulley up to the end of E Street. E Street shall be designed so that the break in flow is at the high point of the natural grade. (16) The radius of the turns on the B Street cul -de -sac shall be as required by the fire department. Prior to approval of the tentative map, a street plan shall be prepared indicating how this street shall be designed to provide for drainage. (17) A detailed soils report will be required as a part of the tentative tract SOILS AND GEOLOGY _ -- (17) A detailed soils report5shallbe required as a part of the tentative tract map. (18) Lots 80 -86 shall be treated as per recommendations in EIR as follows: A. Each lot shall have the building site and roadway alignment established on it and submitted as information on the tentative map. B. Prior to .developing the driveway alignment and lot location, a detailed soils and geological report shall be done for those individual lots as previously numbered. The soils and geological report shall speak to the specific roadway alignment and building site and no variation shall be made without written consent of the soils engineer. C. The soils report shall be specific enough to identify bedrock profile, location of retaining walls, if needed, and general design criteria for retaining walls, cut slopes, and roadway sections. The engineer shall utilize test borings, back.hoe pits, or any means feasible to establish the desired information. D. Upon acceptance of the tentative map and completion of the grading plan, the building site and the driveways shall be constructed concurrent with the general road construction and other items of the tract. The working drawings for this portion of the site grading shall become a part of the improvement plans and shall be inspected in accordance with normal procedures and under the supervision of the project engineer.. E. In the event that any geological conditions are encountered during the time of the construction which are not contemplated in the soils report, adequate provision shall be made to remedy the geologic conditions and these construction features shall be completed prior to acceptance of the tract. Ordinance No. 759 Prezoning - Ferrini Annexation Page u GRADING ( 19) A_gradin_g_ plan_ sha_ 1_ l._ be— submi_ tted— w.ith_tentati- ve— tr-ac- t —ma-p, (20) Fills.on the uphill sides of the streets shall be sloped in such a way to drain the lots to the street with a minimal one percent grade. OPEN SPACE EASEMENT (21) The applicant.shall grant to the city a perpetual open space easement on the 748 acres depicted on Exhibit 1 attached prior to the annexation of the( 99 acres recommended for annexation. The,easement_shall : be contigent upon annexation and shall be required as a part of the tentative map. The open space easement shall contain the following restrictions: A. Use of the area shall be limited'to grazing and related activities.or other agricultural uses approved by the City Council. B. _No lot split shall be_perrRI C _No= structures =sha]_1_b.e_permi tted.. exc_ept_f_o_r_ the_a.gri cul tural _uses and _ _s.pec fical ly__permi tted__by the_o_pen__s.pace easement. D. No advertising _shal1_ be permitted. E. No other vegetation but that necessary for erosion control or permitted agricultural uses may be planted. F. The general topography of the landscape'sr- haTJ,be maintained in its present condition except for construction, alteration, relocation, and maintenance of public roads and utilities easements. G. No use of land shall be permitted which'alters the landscape except as specifically permitted by the open space easement. H. The owner has the right to maintain all existing roads, bridges, trails, and structures and to'develop and maintain public and private water sources and systems. I. The owner may not extract natural resources or cut timber, trees, or natural growth except for fire protection, health of trees or scenic purposes. J. Exception to open space restrictions on 14 acres noted on applicant's project proposal as. "future development" to allow three lots and three dwelling units on said area subject to �pproval- by'the City Council-and- - rezoning of the property. Also exception for '4 acres on Highway 1 as depicted on exhi bi ticls._to. al 1 ow - intensive 4ri eullture.,- horse-stables `= and caretakers residence subject to approval of the City Council. Ordinance No. 759 Prezoning - Ferrini Annexation Page 7 (22) Open space easements for public access shall be provided as depicted on applicant's plan proposal. (23) Applicant shall improve scenic over -look access road with.all weather surface from the park to the scenic over -look. PARK DEDICATION AND IMPROVEMENTS , (24) Applicant shall dedicate for neighborhood park purposes area depicted on map attached as Exhibit '2'. (25) Applicant shall improve the park dedication area with a parking lot for 10 cars. (-26) All - weather dus,t -free access road shall be provided from Patricia Drive through the dedicated park to the access easement. Gates shall be provided to control access to the scenic viewpoint. FENCING (27) Fencing shall be provided by the applicant on the perimeter of the open space area adjacent to the subdivision to confine grazing animals. BUILDING (28) A note shall be placed on the final map limiting the height of structures .on lots 20, 21, 24 -31, and 42 to an elevation no higher than the lowest elevation of the ridgeline.behind; the respective lots. SECTION 2. This ordinance shall not become effective until the official annexation of the territory depicted in Exhibit "A" to the city. SECTION 3. This ordinance, together with the ayes and noes, shall be pub- lished once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City. Ordinance No. 759 Pr`ezoning - .Ferrini Annexation Page 8 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a regular meeting thereof held on the 20th day of June, 1978, on motion of Councilman Petterson , seconded by Councilman Dunin and on'the following roll call vote: AYES: NOES: ABSENT: ATTEST: Councilmen Dunin, Petterson, Settle and Mayor Schwartz Councilman Jorgensen None 2Q��� e J.H. Fitzpatrick APPROVED AS TO FORM: Wendt, Mitchell, Sinsheimer, De la Motte and Lill y, City Attorney By: Allen Grimes, City Attorney APPROVED AS TO CONTENT: ORDINANCE NO. 759 FINALLY PASSED this 5th day of July , 1978 , on motion of Councilman Dunin seconded by Councilman Petterson on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None ATTEST: Fitzpatrick, CITY CLERK U) w cn 0: w cc co z W U*) 0 04 W CL Z irk] DR. 3 13k1 A A 3p Z 0 X LLJ Q z z Z Z 0 N Z cr cc Ld U- U) w cn 0: w cc co z W U*) 0 04 W CL Z irk] DR. 3 13k1 A A 3p X UJ Z Q X Z W LLJ LL 'YO 7NI11.V5 ICJ 3 A 3 3 r U, bI w'c,, Z w U) ow"I < w W Fn> c W � Lu< (-) <C/) Q:w z w Z)U) wcf) cf)cr L)LLJ cr-P w �rcc Z�i Q �fz C)- LU 00 :Dz) lzr LL CY) Olt MS. 'YO 7NI11.V5 ICJ 3 A 3 3 r U, bI