HomeMy WebLinkAbout05/18/1993, 6 - ""ROSEMONT"" PROJECT ON THE EAST SLOPE OF BISHOP PEAK -- A REQUEST TO ENABLE THREE HOUSES AT THE NORT" �I�I�I �IIIII��I I�III f MEETING DATE:
l cityo san .AIS osI spo - s - 13
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold B. Jonas, Community Development Director
BY: Glen Matteson, As ociate Planner
SUBJECT: .
"Rosemont" project on the east slope of Bishop Peak -- a request to enable three houses at
the northwest end of Highland Drive and an offer to grant the City ownership of about 140
acres of open space, with addition of the planned development zone and approval of a
preliminary development plan (PD 89-92).
CAO RECOMMENDATION:
To implement the conceptual approval given April 20, introduce the attached ordinance, in
summary form, to confirm the negative declaration of environmental impact, to add the
planned development (PD) zone to the existing conservation/open space zone with a forty-
acre minimum parcel size (C/OS-40), and to approve the revised preliminary development
plan, with appropriate findings and conditions.
BACKGROUND
Situation
On April 20, 1993, Council conducted a public hearing and took the following actions:
(1) Adopted Resolution No. 8155 to grant the project a negative declaration of
environmental impact and to amend the general plan Land Use Element by moving
the urban reserve line to encompass about two acres, including the revised building
envelopes.
(2) Conceptually approved an alternate plan presented by Councilman Roalman, with
some further changes, including the following features. (Numbers in brackets
following each item refer to the corresponding finding or conditions in the attached
draft ordinance.) Introduction of the ordinance approving the development plan was
continued so the development plan and findings and conditions could be revised to
conform with Council direction. The revised plan:
A. Accepts the owner's offer to the City, as a gift, of fee ownership of the land
(including water rights) outside the proposed lots,,and subject to the existing
open space easement, concurrent with recording.the parcel map for the
proposed lots. [Finding #7]
,0111JIII1Ig city of $an L AIS o81Spo
COUNCIL AGENDA REPORT
B. Contains three lots, each slightly larger than 1/2 acre, clustered around a
private-street turning circle (reducing the area within proposed lots from
about 14 to about two acres, and further reducing one of the building
envelopes [revised plan]
C. Designates a building envelope for each lot,with a setback of 50 feet from the
easterly slope break (as opposed to a setback of 20 feet to 50 feet, depending
on the outcome of further geologic studies). [Revised plans, Condition #20]
D. Determines that the City's receipt of the existing well on the open space
property would make construction of the three houses exempt from needing
a water allocation and from the requirement to offset (retrofit). [Condition
#17]
E. Provides a public pedestrian access easement from the end of Highland Drive,
along the private street and between the proposed lots (as opposed to
diverging around the lots), with bicycle access prohibited, to avoid erosion.
[revised plan; Condition #14)]
F. Establishes a different location for the new water tank and revised details for
its access road,to minimize visual impacts,while providing minimum required
water pressure to proposed lots (tank elevation about 85 feet lower; access
road two to six feet narrower, and about 400 feet shorter, than shown on
previous plans). [Revised plan, and modified Condition #9]
G. Prohibits outdoor lighting visible from off the site, and tennis courts and
swimming pools. [Condition #7, #19] (Note: The owner wants to maintain
the possibility of having a carefully screened lap pool, so staff has drafted an
alternate Condition # 19 to do so; it follows the draft ordinance.)
=. H. Dedicates an area at the end of Highland Drive to the City, to maintain the
possibility of creating a few public parking spaces. [Condition # 18]
I. Requires that the additional geological study results return to the Council for
review before approval of a parcel map or building permit. [Condition #16]
J. Acknowledges that development requirements and limitations of the
development plan run with the land, and can be changed only by Council
action to amend or remove the PD zone. [Finding #10]
Now that the perimeter of the lots will be about the same as .the•designated building
envelopes, at the owner's request staff has modified the originally recommended Condition
#11 to allow solid fences and walls outside the building envelopes and within the private
lots.
°"° ►�uII�Ip �N`�III city of san tins oBispo
a
COUNCIL AGENDA REPORT
Data Summary
Owners: Felton Ferrini and others
Applicant: John Rossetti
Representative: Victor Montgomery, RRM Design Group
Zoning: C/OS-40
Land Use Element map: conservation/open space
Environmental status: Council approved a negative declaration April 20, 1993.
Action deadline: State law does not set a deadline for legislative acts such as rezoning.
ALTERNATIVES
The Council may introduce an ordinance with findings and conditions different from those
in the attached draft, subject to the need for General Plan and zoning consistency, and for
a reasonable relationship between project impacts and City requirements. The Council may
continue action, with direction to staff or the applicant.
OTHER DEPARTMENT COMMENTS
The recommended new water tank location reflects the desires of the Utilities Department
and the Fire Department. The recommended access road conditions reflect the Utilities
Department's minimum standards.
RECOMMENDATION
To implement the conceptual approval given April 20, introduce the attached ordinance, in
summary form, to confirm the negative declaration of environmental impact, to add the
planned development (PD) zone to the existing conservation/open space zone with a forty-
acre minimum parcel size (C/OS-40), and to approve the revised preliminary development
plan, with appropriate findings and conditions.
ATTACHED: Draft ordinance to rezone as recommend by Planning Commission
Draft alternate Condition #19 allowing swimming pools with limitations
Draft ordinance summary
Reduced, revised site plan
ENCLOSED: Plans (3 folded, stapled sheets, each 30" X 40")
RSMNT2ND.CAR
6-3
ORDINANCE NO. (1993 SERIES)
CAN ORDINANCE OF THE SAN LUIS OBISPO CITY COUNCIL
ADDING THE PLANNED DEVELOPMENT ZONE TO THE
FERRINI OPEN SPACE EASEMENT AREA AND
APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR
THE ROSEMONT PROJECT ON HIGHLAND DRIVE(PD 89-92)
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findin
1. The Planning Commission and the City Council.have held public hearings on the
proposed amendment in accordance with the California Government Code.
2. The Council has considered public testimony, the initial environmental study, and
the report and recommendation of staff and of the Planning Commission.
3. The planned development rezoning is consistent with the general plan,
conservation/open space designation, as explained in section A of the initial
environmental study.
4. The preliminary development plan is consistent with the purpose and intent of the
conservation/open space and planned development zones.
5. The development will occur within an area specifically excepted from the general
limits of a previously recorded open space easement.
6. The proposed zoning promotes the public health, safety and general welfare.
7. The owner has offered to give to the City fee ownership of the land (including
water rights) outside the proposed lots, and subject to the existing open space
easement, prior to or concurrent with recording the parcel map for the proposed
lots, or prior to obtaining a building permit, whichever comes first.
8. The proposed project, as revised and with required mitigation measures fully
described in the initial environmental study (ER 89-92), will have no significant,
adverse impacts. Council has approved a negative declaration (Resolution No.
8155), with mitigation and monitoring, as provided in State and City
environmental review guidelines..
9. The planned development is approved based on the following findings, as
provided in Municipal Code Section 17.62.040.
C�
Ordinance No. (1993 Series)
Rosemont Planned Development
Page 2
A. The project transfers allowable development, within the site, from areas of
greater environmental sensitivity or hazard to areas of less sensitivity or
hazard. Specifically, the lots would include about two acres of the 14-acre
open space easement exception area, and the designated building
envelopes are in an area with the least fire hazard, least risk of damaging
oak trees, least risk of geologic.instability, and least visibility.
B. Features of the particular design achieve the intent of conventional
standards (privacy, usable open space, adequate parking, compatibility with
neighborhood character, and so on) as well as or better than the standards
themselves. Specifically these features are the formal, public pedestrian
access between the building sites and the use of a common drive and
enhanced entry area, rather than three conventional lots, each with
minimal frontage on the Highland Drive cul-de-sac.
C. The proposed project provides exceptional public benefits which would not
be feasible under conventional development standards, specifically: (a)
eliminating the small, substandard water tank which serves a few dwellings
in the area; (b) providing gravity-flow domestic water service for existing
houses; (c) upgrading water pressure and duration-of fire flow for existing
dwellings.
10. Planned development zoning runs with the land, so the requirements and
conditions of the development plan approval can be changed only by Council
action to amend or remove the PD zone.
SECTION 2. Zone map amendment. The zone map is amended by addition of
the planned developed (PD) zone to the subject property, as described in the attached.
Exhibit A.
SECTION 3. Preliminarydevelopment plan. The preliminary development plan
consists of drawings dated May 4, 1993, on file in the Community Development
Department. The Council approves the preliminary development plan subject to the
following conditions.
1. Grading and construction plans for public or common facilities and for dwellings
will include erosion control measures, such as limits on season of work,
permanent planting, and temporary erosiontcontrol fabric and sediment traps, as
approved by the Community Development Director.
65
f�
Ordinance No. (1993 Series)
Rosemont Planned Development
C Page 3
2. Grading, compaction, or excavation within the drip lines of oak trees will be
avoided. Before grading or construction begin, temporary fencing will be
provided along the drip lines, to remain in place during construction. The
subdivider and each lot developer will enter into a tree protection agreement,
with financial guarantee, in a form approved by the City. The subdivider or lot
developer will replace any oak tree in the construction area which dies within
three years of completion of the construction covered by the agreement, with two
oak trees, to the approval of the City Arborist. These requirements shall be
noted on grading and construction plans.
3. Domestic grazing animals (cattle, horses, sheep, or goats) shall not be allowed
within the individual.lot areas.
4. Landscape plans shall include detailed specifications for successful relocation of
any oak trees from the rock pile areas, to the approval of the City Arborist.
5. A common driveway shall be provided to serve the lots, to the approval of the
Community Development Director.,
6. A qualified archaeologist and a Native American will be present on site during all
excavation and grading. If cultural resources are encountered, construction
activities which may affect them shall cease. The Community Development
Director and a representative of the appropriate Native American group shall be
notified of the extent and location of discovered materials. Materials will be
recorded by a qualified archaeologist. Disposition of artifacts shall comply with
state and federal laws. A note concerning this requirement shall be included on
the grading and construction plans for the project.
7. Outdoor lighting will.be limited to downward directed, low-intensity lighting for
safety of walkways, drives, or building entries. Outdoor lighting shall not be
visible from beyond. the lot boundaries.
8. . The lots are hereby designated sensitive sites, requiring Architectural Review
Commission approval of each new dwelling.
A. Building exteriors shall use colors which blend with the surrounding
vegetation.
B. Stone facing shall be used for any foundation stem walls visible from off
the site.
Ordinance No. (1993 Series)
Rosemont Planned Development
Page 4 _.
C. Foundation stem walls shall not exceed five feet tall above finished grade.
9. Applicant shall provide a new water tank, pump, and main for domestic water
service and fire protection, to the approval of the Utilities Director. Plans for
these facilities shall be submitted for approval by the City concurrent with any
land division or prior to any building permit, whichever comes first.
A. The tank's precise location and form shall be designed to avoid damage to
surrounding and overhanging oak trees.
B. The tank shall be screened by planting of additional native vegetation;
including oak trees, to the approval of the Community Development
Director.
C. The tank shall be painted with varied shades to camouflage it, to the
approval of the Community Development Director.
D. Applicant shall provide an access road to the new water tank, along the
general alignment of the existing ranch road and as shown on the
preliminary development plan. The nearby mortar stone will be preserved
in place. The water-tank access road shall be designed to minimize visual
impact, to the approval of the Community Development Director. From
the northern perimeter of the private lots, it shallhave a surfaced width of
ten feet, and a clear width of not less than 12 feet. It shall have an all-
weather, crushed-rock surface, to blend visually with the surroundings. Any
cut or fill slopes along the road shall be limited to two feet in height, shall
make a gradual transition to the natural slope of the ground surface, and
shall be provided with sufficient soil to support grasses and Forbes similar
to surrounding land. The access road shall provide a vehicle turning area
at the tank The turning area shall not encroach on the existing oak grove,
and shall be subject to the same design limitations as the road.
10. The maximum building height shall be 22 feet.
11. All buildings, decks, spas, and similar features shall be limited to the designated
building envelopes; areas outside designated building envelopes shall be
maintained essentially in a natural condition.
12. Seepage from the existing pond shall be controlled to the extent and in a manner
to be recommended in the final geotechnical study. Required measures may
include subsurface drainage or lining to prevent saturation of surrounding soils.
b-7
r�
i
Ordinance No. (1993 Series)
Rosemont Planned Development
Page 5
13. Lot owners shall manage vegetation within the lots for fire safety, by measures
such as encouraging grass or fire-resistant shrubs instead of highly flammable
brush within thirty feet of dwellings, and separation of low-hanging oak branches
from the ground.
14. Owners shall provide and maintain a public pedestrian access from the end of
Highland Drive to the City open space parcel, to the approval of the Community
Development Director. To avoid erosion on private property and the City open
space parcel, access by bicycles will be prohibited.
15. Prior to issuance of building permits, all debris and derelict equipment shall be
removed from the site.
16. Prior to any land division or building permit, applicant shall provide the City a
geotechnical study and recommendation based on adequate borings, to confirm
previous investigation and to demonstrate soil stability. The study shall address
suitability of the site for proposed dwellings and water tank, and potential risk to
surrounding properties due to proposed activities on the site. Before approving
any land division or building permit, the City shall have considered an evaluation
of this report and recommendation, prepared, at the applicant's expense, by a
qualified, independent geotechnical engineer selected by the City. Further, before
any land division or building permit is approved by the City, the City Council
must have reviewed the required geotechnical investigation and independent
evaluation.
17. Upon City acceptance of the water well within the open space area to be
conveyed to the City, construction of three dwellings shall be exempt from the
requirement to obtain a water allocation or to achieve a water usage offset
(retrofit), as provided in Municipal Code Chapter 17.89, Water Allocation
Regulations.
18. Owner shall dedicate to the City that portion of Assessor's Parcel Number 052-
512-24 (August 1992 map) which is west of Highland Drive and west of the
proposed private road serving the lots, together with an access easement from the
end of Highland Drive over that portion of the private, common driveway, as
needed to reach the northern end of the part of the parcel to be dedicated.
19. No tennis courts or swimming pools shall be developed on the site.
20. Building envelopes shall be set back 50 feet from the low ridge on the easterly
sides of proposed lots 1 and 2.
l-8
i
Ordinance No. (1993 Series)
Rosemont Planned Development
Page 6
SECTION 4. A summary of this ordinance, approved by the City Attorney,
together with the votes for and against, shall be published once, at least five days prior to
its final passage, in the Telegram-Tribune, a newspaper published and circulated in this
City. This ordinance shall go into effect at the expiration of 30 days after its final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the day of 1992, on motion
of seconded by . and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor.
ATTEST:
City Clerk
APPROVED:
orne
GMARSMNT.ORD
6-9
EXHIBIT A
PD 89=92
CITY LIMITS
1.
of
SITE
CLI. \
Yk
DEVELOPMENT
LOCATION
IWt.wt.•.tL K
\�� • ... Y. �1 ...�.� , �` -LIQ
1
� �
, sw..� � ty •A:e. oe ,�
= ( _ �(
� I.... � I Y 1 $1 nl ``•
.)OS•�• I.rt I '1
i' ri 1
all
�
\\ i.
M. �.
\�\ Iu t t• ,r w. e4 w+t %� wn. � f t...� �•t
NORTH
G' APHIC SCALE-
0 S00 1,000 2,000 3,000
C I
(0 44
r,
ALTERNATE CONDITION ALLOWING POOLS WITH LIMITATIONS
19. No tennis courts shall be developed on the site. try
11
:<.:..:
pia mad be tec a , seed
t�ia� it got bye fr �e pr��ii�ped ' act;e, etit�tic �� �peu
.::::....:.:.:::.:..
apd>shai�be s�b�ect sty approval bar�e Arc��ect� �rtew uss€off,
D R A F T S U M A R Y
ORDINANCE NO. (1993 SERI_E,S)
Rosemont Planned Development
Highland Drive
On May 18, 1993, the San Luis Obispo City Council voted
to , to introduce Ordinance No. (1993 Series) , concerning
the Rosemont project, which includes three lots for houses and a
large open space parcel, at the northwest end of Highland Drive (PD
89-92, map below) . The ordinance acknowledges the previous
approval of a negative declaration of environmental impact, in
connection with a related general plan amendment (Resolution No.
8155) . The ordinance adds the planned development (PD) zone to the
current zone, which is conservation/open space with a 40-acre
minimum parcel size (C/OS-40) . Also, the ordinance approves a
preliminary development plan, with conditions. Principal features
of the preliminary development plan are:
- A gift to the City of about 140 acres of land that is now
covered by an open space easement;
- A new water tank, to provide better water service and fire
protection for the neighborhood at the end of Highland Drive;
- A public trail from the end of Highland Drive;
- A requirement for additional geological information before
approving parcels or building permits;
- Limits on the location, color, foundation design, and height
of houses, and on the type and location of such features as
i decks, fencing, lighting, and pools;
1(J®I�
- Protection for oak trees and archaeological resources;
- Giving water retrofit credit to build three houses, in
consideration of the. City's receiving a well as part of the
open space parcel.
The Council must vote again to approve the ordinance before it
can take effect. That action is tentatively scheduled for
June 1, '1993, at a regular City Council meeting to begin at 7:00
p.m. in the Council Chamber of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City
Clerk's office (Room #1) at City Hall, 990 Palm Street. For more
information, contact the Community Development Department at 781-
7171.
Diane Gladwell, City Clerk.
GMARSMNT.SUM
oK
,d.
� s� �
♦ ' .ter .��.' 7 .I
i a w
�� • �� .r � Ae �t h I :,� Bir P� �R� � � � — .. '" ONS /
., ,��♦ � � e � R'^• ?' dn ,fir . � � r `',\\ y+ � 1
4
VI
'° .^" c :. �� 1 �; ,p ! ._._ O� r
•� � � A i P �Y' / � Q N1
�A L_cm ♦ O
r )v
CODA
�� �• � off � f ,
d no H3 SIX3
..............
" J
�..i 700
c Q y Z c c
Nm % y fY fL W x u A
_ W o W °
2
x ICU
} U) F Z
N
x O z
(dZ oCU 1
r ® }W WW
C" --fit m� yY
Z a W
H ' WZ Wo
`g z _ �" �S 3W o-
u m
0 JO � \ Z i
Yfr� 1ec.t----� �• �� �yG, I�� � a
246
L6 XICL
F d
mW m° Ol r
W CCC
dyr ...y 11
C IL
W .J
cc
W
in a� ecc L6
WuJ
a o a
`I I 4 r!S LOIT� :! \ I "�^';.•I� ` fL O �J
Lu Z
j U L�wIJ i'. 1 ap mINIIccy
OD 046
fL W
uj L61
06
mu (A } 1 o tW :
CW �W W j C WOQf
111 ✓/ QC _ U.LL: G } o
° K Z> ~
66�� > m L60 °Wjoa. ao om > qZ
°
Lu ui Lu
U fi HLLI
I > � a �m w WF NW y m
/ 3 a u
� ° W W 2i� �° S /
z �? d m- a N ?
y ¢ < in i K �{
Qop a uo c
LJ 96 Lij-1
a a fe LL z ml {Y1 Q
m 3°
01
C� l^'
\� n cc J N
v
`T y +''
A \� W \
_ W x �
,� z W 41 '�