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Home My WebLink About0837e , ORDINANCE NO. 837 (1980 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP OF THE CITY TO REZONE PROPERTY KNOWN AS TERRACE HILL FROM R -1, R -1 SPECIFIC PLAN, R -1- SPECIAL CONSIDERATIONS AND R -2 TO R -1 PLANNED DEVELOPMENT WHEREAS, the applicant, Cuesta Valley Properties, requested rezoning of the subject property from R -1, R -1 Specific Plan, R -1 Special Considerations and R -2 to R -1 Planned Development to construct 82 condominium:units on four lots and to create nine single family lots, to perform grading to construct public streets and certain on site and off site utilities and drainage structures, consistent with a proposed development plan; and WHEREAS, a focused environmental impact report was prepared for the rezoning and attendant development plan for revised areas 1, 3 and 4 of said plan to address Traffic and Circulation, Noise,_ Storm Drainage, Geologic and Seismic Safety and Esthetic impacts; and WHEREAS, the project focused Environmental Impact Report identifies significant adverse impacts which cannot be avoided if the project is implemented, as follows: 1. The project design specifies extensive grading activities during site preparation, including substantial hillside cuts. Potential geologic hazards on the property include expansive soils, landsliding and erosion of exposed hillsides. 2. Development on the site would increase surface runoff levels from the property and compound existing downstream ponding problems. Soil erosion during construction could degrade downstream water quality if grading occurs during the rainy season. 3. Residences would be constructed in a visually sensitive area of San Luis Obispo. New development would be visible from various parts of the City. It would also reduce the privacy of existing residents located immediately below the project area. 4. Cumulative noise generated by new traffic and ongoing railroad activity would exceed acceptable noise levels for some proposed residences. 5. Access and circulation features of the proposed development would alter traffic patterns in the vicinity of the site. If the South Street extension is built in the future, the residential character of Bishop Street would be adversely affected. 6. Some public facilities, specifically the elementary and junior high school and sewage lines, are currently at or over capacity and could be further strained by the addition of new development to this part of San Luis Obispo, and O.idinance No. 837 (1980 Series) WHEREAS, the Planning Commission and City Council has held public hearings on the project focused Environmental Impact Report in conformity with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines and on the rezoning request; and WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for the subject property in accordance with Section 65800 et seq of the Government Code; and WHEREAS, the City Council concurs with the Planning Commission finding that the project is consistent with the adopted general plan; and WHEREAS, the City Council finds that the modified development plan for the subject property responds to its unique characteristics by clustering development into three distinct areas, and preserving open space for the benefit of the community is of exceptional design; and WHEREAS, the City Council f indsithat grading for the development in excess of that permitted by Section 9413 of the City Grading Ordinance is justified in that: a. Approval of this plan contains conditions imposed to restore the natural slopes of the hill destroyed by previous improper grading and provide for proper ,slope stabilization and erosion control. b. This property contains landslide areas which are a hazard to existing and proposed development and need to be removed as well as exposed cuts which need to be regraded to restore in part the natural beauty of the hill. c. Restoration of the hillside and removal of hazards in this case carry out the intent of this ordinance to preserve the natural form of the land wherever possible; and WHEREAS, specific mitigation measures have been imposed as conditions of approval of this project which substantially lessen significant environmental effects with the exception of impact on schools which is beyond the authority of the city to mitigate; and WHEREAS, the proposed zoning promotes the public health, safety and general welfare of the city, and protects the welfare and privacy of adjoining properties. -2- Ordinance No. 837 (1980 Series) 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 -1, R -1 SP R -1 -S, and R -2 to R -1 PD (residential, low density, planned development). SECTION 2. That the proposed preliminary development plan on file in the city Community Development Department as PD 0644 consisting of a site plan, grading plan, public utilities plan and indicating on site and-off site improvements to be constructed by the applicant is hereby approved subject to conditions of approval: 1. Precise Plan shall be submitted by the applicant and approved by the Planning Commission including the following: a. Revised site plan reducing the number of units from 91 to 76. Reduction of units shall occur by deleting area ,3 of the development plan. b. Street fighting system for private streets. c. Detailed landscape planting to be installed by the applicant; plan prepared by a licensed landscape architect using drougtt resistant native species where feasible or plant materials compatible to nativ& species in form and growth habitat. Landscape planting shall include all erosion - control slope planting. d. Building design plans suitable for final approval by the City Architectural Review Commission consistent with conditions imposed on the subdivision map, Tract 758. e. Phasing plan indicating the timing and sequence of development of all areas in the Terrace Hill precise development plan and specifying installation of all public improvements and 8" water line extension in William Street from Bishop Street to Ella Street in first phase. f. Statement by the project architect listing all mitigating measures in the project EIR for impacts listed under noise.mitigation, police protection, energy consumption and conservation and Items 3, 4 and 5 of visual quality and indicating how they have been implemented. g. A unit identification plan, addressing plan with directory at each entrance to site. 2. Areas 1 and 4 shall be further subdivided into condominiums as specified in the approved plan for this rezoning request (PD0644). 3. Application shall have a maximum of three years from date of approval to complete the project. Applicah:t- ;shall be responsible for controlling erosion on the subject property and: ;shall assume liability for damage from erosion until such time as homeowners associations assume responsibility and liability. -3- Ordinance No. 837 (1980 Series) 4. The applicant shall dedicate to -the city the area designated on the submitted site plan as proposed park fd.gether with Area 3 (Exhibit. "B") . It is the intent of the City to maintain the park as a passive, natural open space area. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 7th day of January, 1980, on motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None ATTEST: I kA CITY CLE Approved: City Admi rative Officer City Attorney AAZ'� Z66 Director o A L-1 Community evelopment -4- 0 ORDINANCE NO. 837 (19 80 Series) FINALLY PASSED this 15th day of January , 19 84 on motion of Councilman Jorgensen seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond and Dunin NOES: None ABSENT: Councilman Bond ATTEST: C' Clerk J.H. Fitzpatrick EXH /B /T A PF pF 'r@ R2 R aws ORD.837- PD644 TREZONE_R J;R %S.;:f?-1-5P Pr 0 "I/ L L -PA �` 7. P.aU�JL��Y-1J T 6ko.- i'37 0 64 -MrPR �)V-C-T.F-D I��IIIIIIIIIIIIr�,I I' `�' IIIIiIIiIIIiI� i 111�ii I III city Of SM IUIS OBISPO - CITY CLERK /TREASURER Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 January 22, 1980 Mr. Charles French 1160 Marsh Street San Luis Obispo, California 93401 Dear Mr. French: Please be advised that the San Luis Obispo City Council took action at its meeting of January 15, 1980, and gave final passage to Ordinance No. 837 (1980 Series), an ordinance of the City of San Luis Obispo amending the map to Rezone Property known as Terrace Hill from R -1, R -2 Specific Plan, R -1- Special Considerations and R -2 to R -1 Planned Development. The Ordinance shall become effective in 30 days. A copy of the Ordinance has been enclosed for your files. Should you have additional questions, please feel free to call. Sincerely, J.H. Fitzpatrick City Clerk pls Enclosure cc: Merriam Deasy & Whisenant Henry Engen, Director - CSD ��IIIIIII II�IIIII�IIII�II II IIIIII��II�iI�'iI��I�I� Ilil �I I city of, sin luis oB CITY CLERK /TREASURER Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 January 22, 1980 Mr. Jack Foster 547 Marsh Street San Luis Obispo, California 93401 Dear Mr. Foster: Please be advised that the San Luis Obispo City Council took action at its meeting of January 15, 1980, and gave final passage to Ordinance No. 837 (1980 Series), an ordinance of the City of San Luis Obispo amending the map to Rezone Property at 3023 Rockview Place from R -2 -S to R -2 -PD. The Ordinance shall become effective in 30 days. A copy of the Ordinance has been enclosed for your files. Should you have additional questions, please feel free to call. Sincerely, J.H. Fitzpatrick City Clerk pls Enclosure cc: Richard Rossi Montgomery Henry Engen, Director - CSD Mike Deneve, Planning Commission