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HomeMy WebLinkAbout0931ORDINANCE NO. 931 (1982 Series) AN ORDINANCE OF THE CITY OF SAN LUIS THE OFFICIAL ZONE MAP OF THE CITY TO KNOWN AS TERRACE HILL FROM R -1, R -1 R -1 SPECIAL CONSIDERATIONS AND R -2 DEVELOPMENT AND AMENDING BY SUPERS NO.837 (1980 SERIES) OBISPO AMENDING REZONE PROPERTY SPECIFIC PLAN, TO R -1 PLANNED EDING ORDINANCE 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 67 condominium units-in--two-tracts 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; and WHEREAS, a focused environmental impact report was prepared for the rezoning and attendant development plan for revised area 1, 3 and 4 of said plan to address traffic and circulation, noise, storm drainage, geologic and seismic safety and aesthetic 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 on -going railroad activity would exceed acceptable noise levels for some proposed residences. n -a14 i Ordinance No. 931 (1982 Series) Page 2 5. Access and circulation features of the proposed development would alter traffic patterns in the vicintiy 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. 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's 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 charateristics 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 finds that grading for the develoment 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. 1 Ordinance No. 931 (1982 Series) Page 3 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. 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 referencec�be reclassif ied.from R- 131 '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 cosntructed by the applicant is hereby approved subject to the 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 lighting system for private streets. C. Detailed landscape planting to be installed by the applicant; plan is to be prepared by a licensed landscape architect using drought resistant native species where feasible or plant materials compatible to native species in form and growth habitat. Landscape planting shall include all erosion - control slope planting. Ordinance No. 931 Page 4 (1982 Series) D. Building design plans suitable for final approval by the City Architectural Review Commission consistent with conditions imposed on the tract maps 926, 1034 and 1064. E. Improvements consistent with approved phasing plan (Exhibit "B "). 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 planned development condominiums as specified in the approved plan for this rezoning request (PD 0644). 3. Applicant shall be responsible for controlling erosion on the subject property and shall assume liability for damage from erosion until such time as homeowner's associations assume responsibility and liability. 4. Applicant shall dedicate to the city, the area designated on the submitted site plan as proposed open space, together with Area 3 (Exhibit "A "). Dedication and revegetation shall occur consistent with approved phasing plan. It is the intent of the city to maintain the park as a passive, natural open space area. Revegetation plan shall be approved by the Community Development Director. 5. Applicant shall have a maximum of 3 years for the commencement of development of all phases of the Terrace Hill development plan. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 13th day of July , 1982, on motion of Councilman Griffin , seconded by Councilman Dunin . and on the following roll call vote: Ordinance No. 931 (1982 Series) Page 5 AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle ATTEST: Cit Clerk Pamela U g APPRO D: City Administrative OfficW City Attorney Community D velopment Director .EXH1317 A ` ✓� i ol i ,W E yT• � PF R -z i�F .. •..� R ... Rzs Rr r. , , ORD.837- PD6* REZONE R -/, R - / -S, R -/-SP AND R -2 TO R - /- PD. TERRACE HILL PHASING PLAN PD 0644 -A PHASE I Phase I improvements shall include the following: A. The intersection of Augusta Court and Bishop Street B. Augusta Court including curb, gutter and sidewalk. C. All public and private utilities, including sewer, water, gas, electrical, etc., needed to serve Augusta Court. Primary dead end water lines shall be 10 -inch lines or larger as required by the city utilities engineer. D. The twelve residential units on Augusta Court including fences, landscaping, street furniture and other improvements as approved by the Architectural Review Commission for this area in the Buena Vista portion of the Precise Plan. E. All storm drains and drainage structures needed to construct and protect Augusta Court. Including: 1. The storm drain in Augusta Street from Bishop to San Mateo 2. Barrier wall and concrete drainage swale above Augusta Court 3. Concrete drainage swale below Augusta Court F. Construction of the children's play structure at the end of Augusta Court. G. Terrace Hill open space dedication and revegetation plan shall occur with Phase I of the project per Exhibit A attached. H. Street improvements and driveway ramps along the project side of Augusta Street. I. The city engineer may require, at his discretion, any off -site or other phase improvements needed to serve this phase of the project. J. Phase I (recordation of Phase I final tract map for Tract 926) shall occur before all other phases of the Terrace Hill Development Plan. TERRACE HILL PHASING PLAN PD 0644 -A PHASE II Phase II shall include the following: A. Binns Court, both public and private, Kristy Court and Kendra Court with all street improvements including streets, curbs and gutters and sidewalks. B. All public and private utilities, sewer, water, gas, electric, etc., needed to serve the units of Phase II. Primary dead -end water lines shall be 10 -inch lines or larger. C. The fifteen residential units on Binns, Kristy, and Kendra Courts including all sidewalks, fences, landscaping and street furniture. D. All storm drains and drainage structures needed to construct and protect the units in Phase II. Including: 1. Barrier wall and drainage swale above Kristy Court and the private portion of Binns Court 2. Drainage swale below Kendra Court, the private portion of Binns Court E. At the completion of Phase II, all of the improvements as outlined in the portion of the Precise Plan known as Buena Estates will be completed. F. William Street south of Binns Court will be abandoned in this phase. G. The City Engineer may require, at his discretion, any off -site or other phase improvements needed to serve this phase of the project. TERRACE HILL PHASING PLAN PD 0644 -A PHASE III Phase III shall include the following: A. Bishop Street extended from Augusta Street to Fletcher Avenue and Florence / Haskin Avenue extension, constructed with full street improvements to include paving, curb, gutter, and sidewalks and street trees. Bishop Street extension includes pedestrian walkway and tree planting per planned development conditions. Bushnell Street shall be provided with one -half street improvements plus travel lane and A.C. berm. B. Foxfire Terrace and private driveways needed to serve the nineteen units on Foxfire Terrace. C. The construction of the nineteen residential units on Foxfire Terrace including all sidewalks, fences, landscaping and street furniture, and other improvements designated for this area of the Leland Terrace Precise Plan. D. All storm drains and drainage structures needed to construct and protect the units and lots of this phase. This will include: 1. The detention basin between areas 1 and 2 of Leland Terrace or alternate acceptable to City Engineer. 2. The storm drain from the project to the drop inlet at the Southern Pacific right -of -way 3. The drainage swale above the units of Foxfire Terrace E. All public and private utilities including sewer, water, gas, electric, etc., needed to serve the 19 units on Foxfire Terrace. Primary dead -end water line shall be 10 -inch or larger as required by the city utilities engineer. F. Haskin from Leona to Florence Street extended; Florence from Haskin to Fletcher will be abandoned in this phase if not already abandoned. G. City engineer may require, at his discretion, any off -site or other phase improvements needed to serve this phase of development. TERRACE HILL PHASING PLAN PD 0644 -A PHASE IV Phase IV shall include the following: A. Street improvements on the subdivision side of Fletcher Avenue and del Campo Boulevard as required by the City Engineer. B. All utilities connected to Lots 1 through 9, including sewer, water, gas, electrical which are needed to serve these lots. C. Completion of Phase IV will include all of the improvements as shown on the improvement plans for this tract. D. Undergrounding of existing above ground utilities on the portion of Fletcher to be abandoned between Florence and Leona and the portion of Fletcher between Leona and Boulevard del Campo. E. The extension of Bishop Street to the intersection of Florence must be either bonded for or constructed. F. Fletcher from Florence to Leona; Leona from Fletcher to Bishop Street extended and Haskin from Boulevard del Campo to Bishop Street extended will be abandoned in this phase. G. City Engineer may require at his discretion any off -site or other phase improvements needed to serve this phase of development. TERRACE HILL PHASING PLAN PD 0644 -A PHASE V Phase V shall include the following: A. Kennsington Terrace and private driveways needed to serve the 21 units which are a portion of Leland Terrace located inside Phase V of the Phasing Map. B. The 21 residential units in Phase V including sidewalks, fences, landscaping, street furniture and other improvements as shown on the Leland Terrace portion of the Precise Plan for this area. C. All public and private utilities including sewer, water, gas, electrical, etc. needed to serve the 21 units of this area. D. All storm drains and drainage structures which are part of this area, including the drainage swale above Kennsington Terrace. E. At the completion of Phase V all of the improvements as outlined in that portion of the Precise Plan known as Leland Terrace will be completed. F. Undergrounding of existing above ground utilities on the portion of Bushnell to be abandoned north of Haskin. G. Bushnell from Haskin to Rachel Court will be abandoned in this phase. H. Phase V shall not be occupied until Phase III public improvements are completed. I. City Engineer may require, at his discretion, any off -site or other phase improvements needed to serve this phase of development. fit y� o }is . N z N QQ.a uoZ � _t Z Q �N _ to W d CL _ ♦ Y t r � _._ -' � _ Vie' • - - - 16, • ,, f � � te```e �1 v ' . .. `��• � � � ca.•m -rsa crr,•inw • /l M 7 . e � 4 [DE{ECOPI��`i/ d NIP ` Ffi�jf Iz I ORD.837—PDI4+ ® , Aght r -{ PROPOSED FAAW' Wlt 'lT", EXHIBIT "C" -rr /YO,5S Ail joss --���� �,r� 'r ORDINANCE NO. 931 (1982 Series) pp FINALLY PASSED this 27th day of July , 19U?; on motion of Councilwoman Dovey seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig Vice Qa� or -Ron Dunin ATTEST: �:�,'6 - " - City Clerk amel oges