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HomeMy WebLinkAbout04/21_1/1992, 1 - TRACT 2094 - CONSDERATION OF THE PLANNING COMMISSION'S RECOMMENDATION TO APPROVE THE TENTATIVE MAP FOR A 21-UNIT RESIDENTIAL PLANNED UNIT DEVELOPMENT CONDOMINIUM SUBDIVISION LACATED AT THE NORTH CORNER OF BULLOCK LANE AND WILLOW CIRCLE. Original agenda report from the meeting of 4/7/92. h i „^I�III�IIIIIII� � � san �.JS o131spo MEETING DATE: lllj��I$II c� o �STEM NUMBER: �- COUNCIL AGENDA REPORT / FROM: Arnold Jonas, Community Development Director O PREPARED BY: Greg Smith, Associate Planner SUBJECT: Tract 2094 - Consideration of the Planning Commission's recommendation to approve the tentative map for a 21-unit residential planned unit development condominium subdivision located at the north comer of Bullock Lane and Willow Circle. CAO RECOMMENDATION: Adopt a resolution approving the tentative map for Tract 2094 subject to findings and conditions recommended by the'Planning Commission. DISCUSSION: Situation Council consideration of the tentative tract map is the last step in the discretionary review process for this condominium development. Previous City approvals include: 6/6/89: Approval of PD rezoning by City Council. 12/18/91: Approval of minor amendments to PD final development plan by Planning Commission. 2/3/92: Architectural Review Commission grants final approval to site and building plans. 2/26/92: Approval of tentative map for Tract 2094 recommended by Planning Commission. Data Summary Address: 3450 Bullock Lane Applicant: Petra Enterprises Representative: Tierra Engineering, Reinarch Architects Zoning: R-2-PD General Plan: Low Density Residential Environmental Status: Categorically exempt. Project Action Deadline: May 18, 1992 Site Description The site consists of 11 lots along a cul de sac street. None of the lots has been built upon, Tract 2094 Page 2 but street improvements and tract grading have been completed. Lots 10 and 11 are located along the bank of a small creek which supports significant riparian vegetation. PROJECT DESCRIPTION The approved planned development allows transfer of density from the open space area on Lot 11 to other lots, allowing up to 2.2 units on each lot instead of the 1.65 units which would otherwise be allowed in the R-2 zone. Amendments approved by the Commission in December include the following: - Combination of 11 lots into five lots, corresponding to five development phases. - Inclusion of plans for 21 condominium units. (The approved final development plan did not include site or building plans.) - Deletion of common driveways shared by the original 11 lots. Each of the five proposed new lots would use one of the existing driveway ramps, and there would be no need for access across lot lines. - Setback reduction for an uncovered parking space and a portion of Unit 10 on Lot 3 (ten-foot setback from Willow Circle where 15-foot setback is shown on the approved final development plan). The proposed units would be in various detached, duplex and triplex arrangements. All of the units would have two bedrooms, with the exception of Unit 2, which would be a studio unit. Other units range from 947 to 1196 square feet. All units except the studio would have two stories and two parking spaces, at least one of which would be in a garage. EVALUATION: Several issues related to the site planning and building designs were addressed during review by the Planning and Architectural Review Commissions, and those issues are summarized below. The plans submitted for Council consideration comply with recommendations of the commissions. 1. Parkins The number of parking spaces provided meets the minimum off-street requirement of the Zoning Regulations, including .2 guest space per unit. The Planning Commission judged that the minimum rate was adequate for this project, due to availability of on-street parking. 2. Perimeter Screening The landscape plan approved by the ARC provides some screening along the northerly boundary, where a nonconforming industrial use and an older mobile home park adjoin the site. The ARC had initially asked for provision of additional screening - including landscaping in an easement on the adjoining commercial site - but concluded that off-site landscaping would be impractical, and on-site landscaping would interfere with usable open space. � �a Tract 2094 Page 3 3. Private Open Space Areas The plans submitted for Council review apparently meet the minimum open space requirements for R-2 condos (250 square feet of private open space for each unit, with minimum dimension of ten feet). Storage facilities will also be provided, as required by the condo regulations. 4. Creek Olen space Easement The original PD approval required dedication of an open space, pedestrian, and drainage easement over the area within 20 feet of the top of the creek bank. An easement which did not include all of the required area was recorded with the previous twelve-lot subdivision, and that mistake will be corrected with the current tract map. The approved site plan conforms to the correct easement. ALTERNATIVES The Council may deny the tentative tract map, based on findings required by the Map Act. The Council may also modify conditions of approval, or the tentative map may be continued. The Council must act on the tentative map by May 18, 1992. CONCURRENCES Recommendations of City Engineering Division staff are reflected in the conditions of approval in the attached draft resolution for approval. No City department opposes approval of the project. FISCAL IMPACT No significant on City revenues or expenditures are expected to result from approval of this project. RECOMMENDATION Staff recommends the council adopt the attached draft resolution approving the tentative map for Tract 2094, as recommended by the Planning Commission. Attachments: Draft Resolutions for approval, denial Vicinity Map Tentative Map PC Minutes (2/26/92) gtsd:TR2094CC.wp RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2094 LOCATED AT 3450 BULLOCK LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract. 2094 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in an R-2-PD zone. 3 . The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4 . The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the previous negative declaration approved for the project (ER 2-89 is adequate. SECTION 2. Conditions. The approval of the tentative map for Tract 2094 be subject to the following conditions: 1. All requirements of Council Resolution No. 6627 (1989 Series- Tract 1672) and Ordinance No. 1149 (1989 Series - PD 1437A) shall remain in effect. 2. All lots shall be served by individual sewer, water and utilities. All new utilities within the tract shall be placed underground in easements to the approval of the appropriate utility company and the City Engineer. Water meters shall be clustered in the public sidewalk to the approval of the Public Works Department and the Utilities Department. / 4 Resolution No. (1992 Series) Tract 2094 Page 2 3 . Subdivider shall submit a final map to the city review, approval, and recordation. 4. Subdivider shall prepare covenants, conditions and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall include the following provisions: a. Creation of a homeowner's association to enforce the CC&R's and provide for perpetual maintenance of all common areas including private driveways, sewer mains, drainage, parking lot areas, walls and fences, lighting, recreation facilities, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowner's association fails to perform and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC&R' s and final map are being made. C. No parking except in approved designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city-required provisions of the CC&R's without prior City Council approval. i. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within fifteen days of any change in officers of the association. j . Provision of appropriate "no parking" signs and red- curbing along interior driveways as required by the City Fire Department. Resolution No. (1992 Series) Tract 2094 Page 3 k. No prohibition on outdoors clothes drying. 5. Sewer and water mains shall be public and to city standards. Easements over the main and access to mains shall be to the approval of the City Engineer. 6. • Final •map shall note entire common lot area as a blanket utility easement (exclusive of buildings) acceptable to the utility companies and City Engineer. 7 . All on-site driveways, nonstructural parking improvements and utilities shall be installed as subdivision improvements. 8. Subdivider shall dedicate a corrected easement over the drainage channel and area within 20 feet from the top of bank for access and maintenance to the satisfaction of the City Engineer and Community Development Director. 9 . All garages shall be equipped with automatic garage door openers and occupants shall be provided with two remote- control units. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1992. Mayor ATTEST: City Clerk Resolution No. (1992 Series) Tract 2094 Page 4 APPROVED: u City Admi istrative Officer y t ne Community Develo me t Director / � 1 RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING• THE TENTATIVE MAP FOR TRACT NO. 2094 LOCATED AT 3450 BULLOCK LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 2094 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings (to be included as deemed appropriate by Council) : 1. The design of the tentative map and proposed improvements are not consistent with the general plan. 2. The site is not physically suited for the type and density of development allowed in an R-2-PD zone. 3 . The design of the subdivision and the proposed improvements are likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4 . The design of the subdivision or the type of improvement will conflict with easement for access through (or use of property within) the proposed subdivision. 5. The previous initial study of environmental impact and negative declaration prepared for the project do not adequately address potential impacts of the revised project. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: - ll Resolution No. (1992 Series) Tract 2094 Page 2 the foregoing resolution was passed and adopted this day of , 1992 . Mayor ATTEST: City Clerk APPROVED: r City A inistrative Officer C ' y to ey Community Deve ent Director 1 . v< �, J rxm \��4 ,/ Ifs q ': J\• °e -1-PD _ _^ c R-2-PO ` cics- PF PF I C-N waAMowr ...l R-2-P R-3- PO M—S' \ M •rLIMITS `J a •' Git /y '• �� t..wecc C-$ i C-S, iR-2-Po M ``R-3 R-2 ZAIX �VOS-40 -2-S site l :J -s- M ti M?LI ,,.. - - --- /. -s soc* ,►e° �La+� C/OS-40-SP ss; R-2-SP R-2-SP -N-SP �\ R - t - SP •vv . e- a 888e8 r a w31w CL Lu clj Allyy j � Q t �C g J _� -:3 � - �• � I I e i u � e3 \ s cr om \ ♦b 9 •�a �\\ \\.\\\\ 4 S Ir Iai Cki Com \"_ \ \ �-� r • `'� �\ �P g=G r I � fi cc W O! � ill Nolsvl�:, Ll mo-l-IM LIM L — ILI OL 10 CL Z4 3 t 4E 01 VA k.Lw. 7i I wU-1101. + a C St„ Ea ag� '37.'•i�p 1 9�t� ` M •7'.awOmnw 9� �: .� T n aa�ggji� dna a�;��df�i� I!55a � eory as��roni°Ata a��sa44411°' V I ± • eaea ; � • � 9553333 ' C'c i ISiBi i1 \ A Iu=i to 159931 ! 1 Li _ off Or . .- � ti J o s 1 s + O k J + a a 1! a � W Q 8�i-SCK 1-Cd'i� GI Z Q Y x--13 m - O a r-+ ie LL. L 4 � N .Ely _ L a O O y a LL- cu 4 E1 d 0 N 7� a / 41-4 ME 13 O ® . 1 O 4 L (D ,F.2[ ,Of-,8 ,4•.E ,Oi-.E ,Oi-,2 ,o-.E ,►-,iE - O O LL N _ a o a m z Li a .a-.a ,►-.8 .F.6 a I �15 m ,E-.9 ,F.► ,S-.9 ,F,02 o, ME] . e L O e-i LL. ba 9 o-.1 g 73 Z N_ O 4 � N &.2 ,o-A ' .E ,►-.E 9./ ,F.S o-.2 CX rx �a a O _ � N � Y m y O. CL � U Z J _ d .0..7 I m I I~==== ------_= n u I � ' II 0 II LL II imi _ _ 1 r=== to7,r ii=�1==J II � Tn— Tjl -- „ pilli II II ��! II L�----��---_ c---y=J u Ll p - rr f I i II �� If _ JL ,Pi •O z if r a S _ G yi o o 'o r— CG n of S II Iru.! III it p PkilL��, VolrrrT = II LL II C- I UL— CL . II II II II � IILL=== ---� Z J a Commr . Hoffman agreed that the main problem was Finding 2 . VOTING: AYES - Commrs . Kourakis and Schmidt . NOES - Commrs . Gurnee . Karleskint . Peterson . Williams . and Hoffman . ABSENT - None . The motion did not pass . Commr . Gurnee mover', to deny the use permit based on Finding 2 with the addition of the word " traffic" after the word noise . and the deletion of Findings 1 and 3 : and to deny the variance based on the findings recommended by staff . Commr . Peterson seconded the motion. In answer to a question by Commr . Karleskint , Commr . Gurnee said the. distance of the off-site parking from the site did not bother him . Commr . Schmidt expressed concern about the Commission ignoring the city ordinance that says off-site parking cannot be :core than 300 fee: away . He said staff had determined that the off-site parking wouid b-? more than 300 feet away . Commr . Karleskint agreed with Commr . Schmidt . Cindy Clemens said that the Commission may not have reached a consensus about Finding 3 . J VOTING : AYES - Commrs . Gurnee . Peterson . Karleskint . Williams . Schmidt . and Hoffman_. NOES _ Commr . Kourakis . ABSENT - None . The motion passed . Commr . Kourakis explained that she voted against the motion because it did not contain references to the General Plan , and the neighbors were being .given the message that their neighborhood was unimportant . The other Commrs. disagreed with Commr . Kourakis . Commr . Schmidt said he was concerned that since by law the Commission is charged with upholding the General Pian . the Commission should take it more seriously. - ------------------ ------------------------------------------------- Item 4 . Tract No . 2094 . Consideration of a tentative map creating a 21-unit residential planned development condominium subdivision ; 3450 Bullock Lane ; R-2-PD zone ; Petra Enterprises (Bob Kitamura) , subdivider . (Continued from December 18 , 1991 ) -------------------------------------------------------------------- Commr . Gurnee stepped down due to a conflict of interest . Commr . Hoffman stepped down, because he was not present at the meeting during which the item was discussed and continued , and he had not had the opportunity to listen to the tapes . Vice Chairman Karleskint chaired the meeting . Greg Smith presented the staff report and explained the item had been continued to allow landscaping and parking issues to be resolved and for the item to be reviewed by the Architectural Review Commission . He said the ARC has granted final approval and he recommended the Commission approve the tentative tract map subject to 9 conditions . Commr . Schmidt expressed concern that a new illustration. showing where entrances are now located was not included in the staff report . Greg Smith said staff felt the new location of entrances to the fronts of units and the issue of parking were adequately handled by the ARC . He said the applicant would illustrate where the entrances are now proposed . Vice Chairman Karleskint opened the public hearing . Bob Kitamura . applicant , explained the entrances formerly located on the sides of units were moved to the fronts of units (He poi^ted out locations on an overhead illustration) . He said tandem parking was used to meet some of the parking requirements . He felt there was adequate off-site parking on Bullock Lane . He said the ARC preferred additional landscaping over an additional parking space for one of units . He said trees and other landscaping were added at the rear of the property . In answer to questions by Commr . Schmidt . Mr . K: tamu: a`s explained that none of the buildings intruded into the open space easement and he pointed out on the overhead diagram where open space had been added . *Roy- Hanff . 569 Lawrence Drive . expressed concern that street parkin was being included in the parking spaces required for a new development . He felt it was unrealistic to count parking on Bullock Lane . Greg Smith said minimum parking for the complex as a whole was met without counting parking on the street . but an individual lot was short one-half space . Vice Chairman Karleskint closed the public hearing . Commr . Schmidt said he had spoken with the applicant ' s wife . Marlene Hubbard , but that -their conversation was not germane to the decisions before the Commission. Commr . Peterson moved to recommend to the City Council approval of Tract 2094 subject to the findings and conditions in the staff report . Commr . Kourakis seconded the motion. Commr . Schmidt said he had expressed his concerns about how the project had changed at the last meeting , but would vote for it now because he did nut see another alter::ative . � �-19 Commr . Karleskint asked staff to reword Conditions 4-E and correct the error in 4-k by removing the " s " from outdoors . VOTING: AYES - Commrs . Peterson , Kourakis , Karleskint . Schmidt . and Williams . NOES - None . ABSENT - Commrs . Hoffman and Gurnee . The motion passed . Commr . Gurnee and Chairman Hoffman returned to the meeting . -------------------------------------------------------------------- Item 6 . ADDeal of Director ' s Interpretation. Consideration of an appeal by Aaron Corob of director ' s interpretation on replacement of a non-conforming use at 2000 Broad Street : C- N zone . -------------------------------------------------------------------- Greg Smith presented the staff report and recommended that a non- conforming use not be allowed to relocate in a new structure becaus.- of the intent of zoning regulations . In answer to a question by Commr . Gurnee , Greg Smith explained development appiications for an office use at the corner of Chorro an ' Broad were applied for before the C-N zone was amended denying office uses . Cindy Clemens said she agreed with Greg Smith and felt it was important to consider the purpose and intent of ordinances . In researching case law , she quoted from Paramount Rock Company: "Ary change in the premises which tends to give permanency- to or expands a non-conforming use would not be consistent with this purpose . " Chairman Hoffman opened the public hearing . Aaron Corob , 2000 Broad Street , applicant . explained he was not asking for a rezoning . but for a continuation of the current legal non- conforming use . He explained it would not be practical for him to construct a new building if the non-conforming use was not allowed to continue . He said at a later time , the use could possibly charge to conforming use . He said city code does not specify that new construction loses its non-conforming status . He explained he was asking for an interpretation of Section 17 . 10 . 020 E-2 . He explained the non-conforming- use would not increase that use , but merely only iz to continue . He said the square footage would remain the same . He said the second floor might be residential use . He said a precedent has already been set because of various non-conforming use offices on Broad Street , and by the allowed new construction of the Ferrini Office Building . Chairman Hoffman closed the public hearing . Commr . Gurnee commented that uses allowed in the C-N zone had changed . In answer to auestions by Commr . GurnPP and Commr . Hoffman about the interpretation of the Provisions . Arnold Jonas explained that the �O / r v•�e�N� 'acP �,.GENDA P0 . ��iilil!IIIIII I�Illj � �Iill l � ocity �'__���--�_ � E ❑`!�C,O"__.'.cue!. ❑ F1'I e 990 Palm Street/Post Office Box 8100 Lui�btiispo, 05346��810d L fir. MEMORANDUM '!rA-:=0 C IP.-ac:1cr A"iTC7' d IJ MY F-' I f' �r..-- April 20 1992 -- ` '` —; `LiccCH. TO: Mayor and Council Members 1 - _�� ��G/LE ( f� ' VIA: John Dunn, City Administrative Officer APR 2 01992 FROM: Arnold Jonas, Community Development Director CITYCLEFK F.a.. LU S OBISPO,CA SUBJECT: Tract 2094 Riparian Setback Letter from Phil Ashley, April 14 , 1992 (attached) COUNCIL AGENDA APRIL 21, 1992 - 4 P.M. The attached letter from Phil Ashley raises questions regarding the appropriate extent of the riparian setback for this project, and regarding review of landscape plans by the Department of Fish and Game. Additional background on those issues is provided below. 1. Creek Setback Policy i As noted in the staff report for Tract 2094 , the Council is being asked to approve a revision to a project first approved in 1989 . In 1989, the Council approved the project with a 20-foot setback from the top of creek bank. This corresponds approximately with the edge of existing riparian vegetation on the site. A copy of the City's Administrative Creek Policy is attached. The policy states that "New structures including parking lots should generally be set back at least 20 feet from the top of bank. . . . Greater setbacks may be required if. . . significant riparian vegetation extends beyond the 20-foot line. " The proposed project appears to be consistent with the creek policy. Staff would note that the creek policy was in effect when the project was first approved in 1989, and that the Planning Commission and Architectural Review Commission have reviewed and approved the 20-foot setback in 1992 hearings. i 2 . Department of Fish and Game Review The 1989 approval included a requirement for approval of a creek vegetation restoration plan by the State Department of Fish and Game. Ashley' s letter questions whether DFG review ever occurred. Planning and Engineering staffs have determined that the tract improvement plans for the project' s 1989 tract map included a Tract 2094 Vegetation Page 2 given. Installation of the landscaping has been deferred indefinitely because of City regulations prohibiting installation of landscaping for new construction projects, and a bond has been filed to guarantee the installation. Staff will insure that written approval of DFG is obtained before the landscaping is installed. cc: Jerry Kenny, Supervising Civil Engineer gtsh:TR2094A.WP G L Tit o": �j`l� �F�l,hil ���T �r�lv 1.-rc[S �iB�-PG,G�g3Y01 ftpp-[�, I t, cyciz — ----- �"t- E b 5 w cGl .C�I ,Z 1 UJtII r 6i0,,,�M.(A)WM. -- - ----RECEIVE ® APR-1 1992 i _ _...-- ----- ---------CrIF1'OFSAN LLUSD3tSP0----- __-.i._ COWMUNITYDEVELOPMENT PRff-� +gn3Ea TIU `� TPLCts �oLGa-�- LTS._. 1 - TtfElp .._AbRAInD[T�i i up -. I C L..J5 �'Vin-{-J 5 -TR l J Ral Bn�'z� L 5_ fj�- --- - - -`�-f�- TSS- dP, 'RJft7 / LTI�T f �t5 _ '(��SELT-6�O FJ S- t -5E- D�s[GtiF.� 1-o2Ttf tel_._ -- -OK M{ISSL(,(.tin. 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Ll �T �x� CF - . vE�6'E.A_7 'T'TclA_5 RM Mf s ��s ft� r�eT � NECES - 9 wFs= PviDrl Esr F1EicC CD2 tt _ 6F L,[fi- � NL5Tn��I UE- 6�Y Pft�66r. cC91�t �ci-[ u`sr rJ� E BE DP.LTp1�� ft5 GCS�1- fk S 1 HE J-=5VN�lC f fNl J z o� ►�- a � [ Trf WT C-F �C' -fi-6VO T46 _P�J1 510 THE 5 tfE 1-��R�iiN(5 T�f II)E ^ � 3a d� 7 vi i C %L ! F Pir/�-'b NO`[--'�i 6c rr. To Pte. TART` TEtf- :5 AFF 1ik' S L (�Qu (fes Tt SSE Z l �ILtDCM llvl GfA/l �.uts L TS ^'^ o �3E ,2 L(�nJ€� TD 6f:MPL`J 60LT-H ` -fiE ,2D �(ZI PF21)tu zaL1t� /� r 15. FcN �2tv T 1 U E� 2E_, NOM V EMIL VVAT Lz rtA-81 Tf T �r StT� i�2or�t -rr �� o. FdINl- -niF- EX-15 av ,c� 1. Til r�� ^n� n� ��s �r To g gu1� oc�< NrTll�Y, �� -ETCH (,CA .n vE2� t4KEI�-T` OAX OILLO v P.�,4F , f,.� '7rr. 0 ocoAnai \.r:►.anrr-RP PS_ <inYFpFL� z l . Resolution No. 6627 (1989 Series). Tract 1672 Page 2 3. An exception is granted to allow an average width less than 60 feet_ for proposed parcel 7. SECTION 3. Conditions. The approval of the tentative map for Tract 1672 shall be subject to the following conditions: I. A permanent open space and pedestrian access casement shall be dedicated to the city for the areas generally shown on attached Exhibit 'B", and subject to the approval of the Community Development Director and City Attorney. The open space and access casements shall run with the land and provide the following limitations on land use or alterations: a. No structures or solid fencing shall be placed on or within said premises-: b. No advertising of any kind shall be located within said premises except for a project identification sign. C. The general topography of the area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. d. No removal of vegetation except for fire protection or other hazards or elimination of diseased growth as approved by the Community Development Director. C. The open space and pedestrian access easement shall include an arca"w•hich is 20 feet from the top of the bank of the creek. f. All of the willows on the project site shall be preserved. g. The open space easement shall be maintained by the property owner except the pedestrian access casement if accepted by the city, and except for clearing by the City for flood control and drainage purposes. 2. The applicant shall submit a creek vegetation restoration plan to the Community Development Department and Department of Fish and Came for review and approval which - shows: The trunk diameter, species and status of each tree (to be removed, preserved and safety pruned, etc.). -- Planting of additional vegetation along the creek, showing size, type and location. - Clearing of debris and refuse from the creek channel. 3. The applicant shall construct one-half of Bullock Lane plus a 12 foot travel lane along the project's entire Bullock lane frontage, to the satisfaction of the City Engineer. of sAn l 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100 October 20, 1988 To: Planners From: Mike M Subject: Draft administrative creek policy Note: the following are guidelines, not strict standards, and may be varied from whcn the planner, with the Director's concurrence, judges that the intent can be met through alternative approaches. 1. When reviewing any development proposal, all unlined, open drainage channels should be evaluated as potential sensitive habitat areas (ic: riparian corridors to be preserved or enhanced). In general, such channels should not be culverted, filled or encroached into. Exceptions could include: a. Minor drainage channels (guideline: less than three feet across); b. Short (guideline: 200 feet or less) sections of channels which tie together lined or cul°verted drains; c. Improvements necessary for erosion control, flood protection or circulation, reviewed and.approved pursuant to existing adopted policy. In all cases, the Director, Principal Planner or Long-range Planner should be consulted before a channel is determined not to be a sensitive habitat area; if there is any significant doubt, the Department of Fish and Game should be consulted, too. - 2. New structures including parking lots should generally be set back at least 20 feet from the top of bank. 'Top of bank" means the physical top of bank (ic: where the more steeply eroded bank begins to flatten to conform with the terrain not cut by the water flow). If the bank is terraced, the highest most step is the top of bank, not any intermediate step. (In some cases, the top of bank will not be apparent; the Director, Principal Planner or Long-range Planner should be consulted to help determine a reasonable line, considering such variables as the top of bank on the other side of the creek, the extent of riparian vegetation and the 100-year flood line.) i Draft Creek Policy Page 2 A. Greater setbacks may be required if 1. significant riparian vegetation extends beyond the 20-foot line; 2. a setback line has been adopted or proposed by Public Works which is farther from the bank; 3. the 100-year flood plain extends beyond the 20-Coot line. B. Lesser setbacks may be acceptable if: 1. the channel is minor and is not judged to be a significant riparian corridor or likely to be part of the urban trails system; 2. the lot is small, and reasonable development without some exception is impossible; 3. the lot is a small infill site where a clear pattern of lesser setbacks has been established on both sides of the lot along the creek. In all such cases where setbacks are to be reduced or increased, the Director and Principal Planner or Long-range Planner should be consulted. 3. If the site is considered by the Long-range Planner to be a possible link in the urban trails system, then an offer of dedication for public access should be required as a condition of any discretionary permit. 4. All areas in the setback should be dedicated in an open space easement as a condition of approval of any discretionary permit. 5. If the corridor has been degraded, a restoration program may be required as a condition of approval for any discretionary permit. 6. Sites with creeks are considered to be 'sensitive sites' for architectural review purposes; projects which would not otherwise need architectural review should be taken in as minor and incidental and may be approved if the guidelines above are met; if they arc not met, then the project should be referred to the ARC with a recommendation that the guidelines be followed. MEETING #-'00PAGENDA DATE - ITEM # Tract 2094 Vegetation Page 2 revegetation plan. The plan was reviewed informally and endorsed by DFG staff at the project site, but no written approval was given. Installation of the landscaping has been deferred indefinitely because of City regulations prohibiting installation of landscaping for new construction projects, and a bond has been filed to guarantee the installation. Staff will insure that written approval of DFG is obtained before the landscaping is installed. cc: .Jerry Kenny, Supervising Civil Engineer gtsh:TR2094A.WP I I RE: Tract 2094 Riparian Setback PLEASE NOTE: The first two sentences above were missing from the copy of this letter distributed to you on Monday, 4/20. COPLESTO: L ❑1`De�.a�Acton ❑ -1Y1z CoUnicil 'CDDDIR RE 2'�/CAO ❑ FRIN.DIR. ® p iL� ACAO ❑ E CHIEF ��!'!! �.r I !� L,ATTorvEY ❑ RYDIR [Z CLTX10L-'. ❑ i'OLiCECFL ❑ iAc;fxr.TE-*, r=.cDIR APR 2 1 1992 ❑ C'r kDF.LE ❑. L'TTILD; /0:60�Gn1 _ CITY CLERK SAN LUIS OBISPO,CA