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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 ���h�ib►►��Illllllllp °llUlll city of San t_ OBISpo 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) I r v, G�y v �i C.0 ui 4_ V.1� ��ljji,,F OF C - 1.\F�.`. c -s'! a a �B .:3 Y ig�o�S�i m z a 05 i4 0 sdg�� 55 6: � r wr - rn S ii a. +S YY Y. w s Al � m �r y A K �'i' �s n .a ] a SY� e ey Ri< 9 \i a L_L. E 1 ED 11 11 r /1 i iiii S e i i A Y � x � c- �u�looC e -6Y110 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: r 4CY in str ive fficer 4�4-S-13