HomeMy WebLinkAbout01/21/1992, C-5 - U 1463 - ACCEPTANCE OF OPEN SPACE EASEMENT DEDICATION FOR THE JEONG RESIDENCE AT 367 HILL STREET.MEETING DATE:
��imili�1�� AND city of sari LUIS OBI Spo / - Z/- 9z
AND COUNCIL AGENDA REPORT ITEM NUMBER: _
FROM: Arnold Jonas, Community Development Director; By: Jeff
Ho ciate Planner
S JECT: U 1463 - Acceptance of open space easement dedication for
the Jeong residence at 367 Hill Street.
CAO RECOMMENDATION: Adopt a resolution accepting the open space
easement.
BACKGROUND
On September 4, 1990 the City Counci
allowing William and Beatrice Jeong to
sensitive hillside site. The item cam
appeal of the Planning Commission's denj
a condition of the use permit, the Jeongs
an open space easement over that portion
foot contour (use permit attached).
1 approved a use permit
build a new house on a
e to the City Council on
.al of the use permit. As
were required to dedicate
of their lot above the 320
The Jeongs have submitted a draft open space easement for city
review and recording. Before the easement can become effective,
State law requires the governing body of cities or counties to
formally accept open space dedications by resolution. Construction
plans for the Jeong residence are in plancheck, and this is one of
the last requirements which must be met before building permit
issuance.
DATA SUMMARY
Applicants: William and Beatrice Jeong
Zoning: R -1 -S and C /OS -20
General Plan: Low - Density Residential and Conservation /Open Space
Environmental Status: Categorically Exempt (CEQA Section 15317)
Site Description: The irregularly- shaped lot covers about two
acres and slopes steeply down to Hill Street. The lot is bisected
by the 320 -foot contour, which is the city's urban reserve line.
The lot's upper half is zoned C /OS -20 and is outside the city's
urban reserve. Slope averages about 23 percent, with a maximum
slope of 40 percent along the site's northern boundary. Grasses
with small shrubs cover most of the lower slopes, with mature oak
trees occurring along and above a ridgeline at the site's upper
end.
DISCUSSION
Hillside Planning policies and standards require that areas above
the city's urban reserve line be preserved as permanent open space
as part of any development approvals. In the Hill Street area, the
urban reserve line is the 320 foot contour, which bisects the
Jeong's property. Under the terms of the proposed easement, the
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Ni;% COUNCIL AGENDA REPORT
Staff Report
Page 2
Jeongs retain ownership of the open space area, and agree to limit
the types of activities or improvements to those which are
consistent with the city's open space preservation objectives.
Staff has reviewed the open space easement and determined that its
format and content are in order and ready for Council acceptance.
ALTERNATIVE
The Council may choose not to adopt a resolution accepting the open
space easement; however the easement would not become effective.
Staff does not recommend this action since it would be inconsistent
with General Plan goals and hillside planning policies.
RECOMMENDATION
Adopt the attached resolution approving and accepting the open
space dedication as shown in Exhibits "A" and "B."
Attachments:
- Vicinity Map
-Draft Resolution and Exhibits
-Use Permit 1463
-J o�
RESOLUTION NO. (1992 Series).
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING AN OPEN SPACE EASEMENT FOR THE JEONG RESIDENCE LOCATED
AT 367 HILL STREET (U 1463).
WHEREAS, William Y. Jeong and Beatrice S. Jeong, husband and
wife, have offered to dedicate an open space easement over a
portion of their property at 367 Hill Street, in the City and
County of San Luis Obispo; and
WHEREAS, the open space easement was required as a condition
of City approval of Use Permit 1463 (City Council Resolution
No.6865, 1.990 Series) which allows the construction of one new
house on said lot; and
WHEREAS, the purpose of the easement is to protect hillside
vegetation and soils from development or disturbance, reduce fire
and geologic hazards, and to preserve the open, scenic character
of the property above the 320 foot contour elevation; and
NOW, THEREFORE, the Council of the City of San Luis Obispo
I
resolves, as follows:
SECTION 1.• Acceptance. The Council of the City of San Luis
Obispo hereby accepts and gratefully acknowledges the dedication
of the perpetual open space easement as.shown in Exhibits "A" and
"B ", attached.
SECTION 2. Findings.
1. -The proposed open space easement is consistent with the
general plan.
2. Preservation of the land shown in Exhibit "B" as open space
will serve the public interest because it will protect
hillside vegetation and soils from development or disturbance,
reduce fire and geologic hazards, and preserve the open,
scenic character of the property.
2-6
Council Resolution No. (1992 Series)
Page 2
3. The proposed open space easement dedication is categorically
exempt from environmental review under the City's
Environmental Guidelines and the California Environmental
Quality Act (CEQA Section 15317).
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
0
the foregoing resolution was passed and adopted this day
of
, 1992.
Mayor Ron Dunin
ATTEST:
City Clerk, Pam Voges
APPROVED:
e-, - 61, �
RECORDING REQUESTED BY:
City of San Luis Obispo
WHEN RECORDED MAIL TO:
Alan K. Chesnutt
1445 Grand Avenue, Suite A
Grover City, CA 93433
EMBIT A
APN 101- 171 -08 NO FEE EXEMPT
OPEN -SPACE EASEMENT
This indenture, made and entered into this day of
, 1991, by and between William Y. Jeong and Beatrice S.
Jeong, Husband and Wife, hereinafter called "Owner ", and the CITY
OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City ".
WITHESSETH:
WHEREAS, Owner possesses certain property situated within, the
City of San Luis Obispo, California, as described in Exhibit "A"
attached hereto and made a part of this easement by reference;
Assessorls Parcel No. 01- 171 -08, commonly known as 367 Hill Street.
WHEREAS, that portion of the property lying above the 320 feet
above sea level elevation, hereafter described as the "Subject
Property", and as more particularly described in Exhibit "B",
attached. -hereto, and made a part of this easement by reference, has
certain natural scenic beauty and existing openness; and
WHEREAS, an irrevocable offer of dedication of an open space
easement was required as a condition of City approval of a use
permit U1463 allowing a new house at 367 Hill Street; and
,WHEREASy both Owner and City desire to preserve and conserve
for the public benefit the natural scenic beauty. anq existing
openness, natural condition and present state of use of the Subject
Property; and
WHEREAS, the Owner has offered the Subject Property to
preserve the scenic beauty and existing openness by the restricted
use and enjoyment of the Subject Property by the Owner through the
imposition of a perpetual open space easement with conditions
hereinafter expressed; and
-., WHEREAS, the Owner is -willing to grant the perpetual open
space easement on the Subject Property;
,NOW THEREFORE, in consideration of the Subject Property and
in compliance with Chapter 6.6 of Part I of Division 1 of Title 5
of the Government Code of the State of California commencing with
Section 51070, and in further consideration of the mutual promises,
covenants, and the conditions herein contained and the substantial
public benefits to be derived therefrom, the parties hereunto
1
.agree, as follows:
1. owner hereby grants to City an open -space easement in and to
the subject property, said grant of open space easement.
conveying to City an estate and interest in the Subject
Property of the nature and character and to the extent
hereinafter expressed and resulting from the restrictions
hereby imposed upon the use of the Subject Property by owner.
To that end, and for the purpose of accomplishing the intent
of the parties hereto, Owner covenants on behalf of itself,
its heirs, successors and assigns, with the City, its heirs,
successors, and assigns to do and refrain from doing severally
and collectively upon the Subject Property the various acts
hereinafter mentioned.
2. The restriction hereby imposed upon the use of the Subject
Property by Owner and the acts which Owner shall refrain from
doing upon the Subject Property in connection herewith are,
and shall be, as follows:
A. No structures will be placed or erected upon said
premises. If desired, see - through fencing appropriate
to open space preservation may be allowed if approved by
the Architectural Review Commission.
B. No signs, billboards, similar structures or devices, or
advertising of any kind or nature shall be located on or
within the Subject Property.
C. - Owners shall not plant nor permit to be planted any
vegetation upon the Subject Property except as may be
associated with erosion control, fire protection, soil
stabilization, or as allowed and approved by the
Community Development Director. Any such vegetation
shall be drought tolerant and visually compatible with
the hillside.
D. The general topography of the Subject Property shall be
preserved in its natural condition. No grading shall be
allowed.
E.• No extraction of surface or subsurface natural resources
shall be allowed.
F. No removal of natural vegetation shall be allowed except
for fire protection or elimination of dead growth as
approved by the Community Development Director.
3.. This easement shall remain in effect in perpetuity.
4. AThis, grant may not be abandoned by the City except pursuant
to all of the provisions of Section 51093 of the Government
Code of the State of California.
S. This grant of open space easement as specified in Section
51096 of the Government Code of the State of California, upon
execution and acceptance in accordance with Chapter 6.6 of
2
-5'7
Part 1 of Division 1 of Title 5 of the Government Code of the
State of California commencing with Section 51070, shall be
deemed to be an enforceable restriction within the meaning of
Article XIII, Section B of the Constitution of the State of
California.
6. Land uses permitted or reserved to the Owner by this grant
shall be subject to the ordinances of City regulating the use
of larid.
7. The terms contained herein shall be binding on the parties
hereto and their heirs, successors apd assigns.
IN WITNESS WHEREOF, the parties hereto, have executed this
document on the day and year first above written.
OWNERS:
WILLIAM Y. JEONG BEATRICE S. JEONG
CITY OF SAN LUIS OBISPO:
State of California )
County of San Luis Obispo )
U
On this day of , 19_, before me,
a notary public, personally appeared
and , known to me to be
of , and known to as to be
the person who executed the w th n instrument on behalf of said
public corporation, agency or political subdivision, and
acknowledged to me that executed the same.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
0
3
EXHIBIT
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER
OF SECTION 271 TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT
DIABLO MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIPE, SAID POINT BEING THE
NORTHWEST CORNER OF PARCEL 1 PER MAP FILED IN BOOK 53,
AT PAGE 68 IN RECORD OF SURVEYS, ON FILE IN THE OFFICE
OF THE COUNTY RECORDER;
THENCE FROM THE POINT OF BEGINNING SOUTH 39° 511 '42"
EAST, 85.00 FEET TO A 1/2 INCH REBAR TAGGED PE 21807 AS
SHOWN IN BOOK 53 AT PAGE 68 IN RECORD OF SURVEYS;
THENCE SOUTH 690 0811 28" EAST, 425.00 FEET TO A POINT;
THENCE NORTH 20° 151? 15" EAST, 150.94 FEET TO A POINT;
THENCE NORTH 12° 371 56" WEST, 80.00 FEET TO A 1/2 INCH
REBAR TAGGED PE 21807 AS SHOWN IN BOOK 53 AT PAGE 68 IN
RECORD OF SURVEYS;
THENCE SOUTH 890 381 07" WEST, 486.39 FEET TO A 1/2"
IRON PIPE, THE TRUE POINT OF BEGINNING.
(END OF DESCRIPTION)
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RESOLUTION NO. 6865 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A USE PERMIT
FOR A NEW HOUSE ON A SENSITIVE SITE AT 367 HILL STREET, (U 1463).
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the appellants' plans and
applications for a use permit to allow a two - story, 4500 square
foot house at 367 Hill Street, (U 1463) the appellants' statements,
the Planning Commission's action, and staff recommendations and
reports thereon, hereby upholds the appeal and makes the following
findings:
1. The proposed project conforms to Zoning Regulations and
Hillside Planning Standards and will be compatible with
adjacent residences and with the neighborhood in terms of
architectural scale, massing, and design;
2. The proposed project is consistent with its environmental
setting in that it includes the following features to
minimize its visual impact:
A. Site and building plans are designed to take
advantage of existing driveway location and
previously graded areas to minimize site
disturbance.
B. Grading for the proposed house has been designed
to minimize the need for prominent stem walls or
tall retaining walls.
C. The proposed house is setback at least 51 feet from
Hill Street, and approximately 60 feet from the
nearest adjacent house.
D. The applicant intents to grant an irrevocable offer
to dedicate an open space easement over
approximately one -half of the lots' total area to
preserve the upper hillside area in its natural
state.
3. Based on the City's Environmental Guidelines and the
California Environmental Quality Act, the project is
categorically exempt from environmental review, CEQA
Section 15303.
4. The proposed use will not adversely affect the health,
safety and welfare of persons living or working on the site
or in the vicinity.
5. The proposed use is appropriate at the proposed location
and will be compatible with surrounding land uses.
SECTION 2. Project Approval. Use Permit U1463, allowing
a two -story house at 367 Bill Street is hereby approved subject
the following conditions:
1. The site is considered a sensitive site, and the project
shall require Architectural Review Commission approval.
2. Applicant shall grant to the City an irrevocable offer of
dedication for an open space easement on that portion of
the lot above the 320 -foot contour elevation, to the
approval of the Community Development Director.
3. Applicant shall install building sprinklers and a dry
standpipe for fire protection, to the approval of the
Public Works Department and the Fire Marshal.
4. Applicant shall submit,- with any subsequent construction
permit application, an engineering geology report prepared
by a registered engineer licensed by the State of
California to provide such services. Grading, drainage,
and building plans shall strictly conform to the
requirements of the engineering geology report, to the
approval of the Chief Building Official.
5. Drought- tolerant landscaping shall. be used which is
visually compatible with the hillside and which screens the
retaining walls and house foundation, to the approval of
the Community Development Director.
On motion of Councilman Reiss
seconded by Councilwoman Rappa , and on the following roll call
vote:
AYES: Councilmembers Reiss, Rappa, and Mayor Dunia
NOES: Councilman Roalman
ABSENT: Councilwoman Pinard
the foregoing resolution was passed and adopted this 4th day
Of September , 1990.
L4-�'��z
ATTEST:
Mayor Ron Dunin
UkA
Pam Voge City Clerk
APPROVED:
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4CY in str ive fficer
4�4-S-13