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
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