HomeMy WebLinkAbout06/01/1993, C-6 - ""ROSEMONT"" PROJECT ON EAST SLOPE OF BISHOP PEAK - FINAL PASSAGE OF AN ORDINANCE ADDING THE PLANNED" ���IIII�BI�llul(III�III9j;�1I`IIU "J L MEETING GATE:
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COUNCIL AGENOA REPORT ITEM NUMBER:
FROM: Arnold B. Jonas, Community Development Director
PREPARED BY: John Mandeville, AICP,
Long Range Planning Manager
SUBJECT: 'Rosemont" project on east slope of Bishop Peak- Final passage of an
ordinance adding the Planned Development (PD) zone to the existing Conservation/Open
Space zone with a forty acre minimum parcel size (C/OS-40), approval of the revised
preliminary development plan with findings and conditions, and adoption of a negative
declaration of environmental impact.
CAO RECOMMENDATION: Give final passage to Ordinance No. 1237 as amended
on May 18, 1993, adding the Planned Development (PD) zone to the existing
Conservation/Open Space zone with a forty acre minimum parcel size (C/OS-40), approval
of the revised preliminary development plan with findings and conditions, and adoption of
a negative declaration of environmental impact.
DISCUSSION:
The City Council introduced Ordinance No. 1237 on May 18, 1993. The Ordinance creates
a Planned Development (PD) zoning and establishes the conditions under which the
property may develop. At the May 18 meeting, the Council made several amendments to
the Ordinance involving conditions 7� 8,clarifying use of outdoor lighting and exteriors
subject to color requirements. The Council also added conditions 16a and 21 regarding
indemnity for the City and preservation of on-site open space in a natural condition.
The Ordinance, as amended by the Council, is now ready for adoption. A copy of the
amended Ordinance is attached to this report. This Ordinance will go into effect 30 days
after final passage.
ALTERNATIVES:
The Council may, by motion: (1) reject the Ordinance; (2) continue action; or (3) introduce
other ordinance language as determined appropriate by the Council.
ATTACHMENTS:
Ordinance No. 1237, as amended
Rosemontlnd/jm
ORDINANCE NO. 1237 (1993 SERIES)
AN 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. Findings
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 Nvith 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.
A. The project transfers allowable development,�within the site, from areas of
greater environmental sensitivity or hazard to areas of less sensitivity or
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 2
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. Preliminary development 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 erosion-control fabric and sediment traps, as
approved by the Community Development Director.
2. Grading, compaction, or excavation within the drip lines of oak trees will be
avoided. Before grading or construction begin, temporary fencing will be
C_6_49 .
Ordinance No. 1237 (1993 Series)l
^' Rosemont Planned Development
Page 3
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 boundaries of the three lots.
8. The lots are hereby designated sensitive sites, requiring Architectural Review
Commission approval of each new dwelling.
A. Building exteriors, including fences and other structures, 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.
C. Foundation stem walls shall not exceed five feet tall above finished grade.
Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 4
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 shall have 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.
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
C'6�5
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Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
Page 6 _-
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.
21. Approxidiately 145 acres of open space'shall be dedicated in fee to the City and
preserved in a natural condition, protecting wildlife habitats for present and future
citizens of San Luis Obispo.
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 18th day of May 1993, on motion
of Roalman seconded by Romero and on the following roll 'call vote:
AYES*. Council Members Roalman, Romero., and Mayor Pinard
NOES: Council Member Settle
ABSENT: Council Member Rappa
-- Mayor Peg Pinard
ATTEST:
/s/ Diane R. Gladwell
City Clerk Diane R. Gladwell
APPROVED:
hc.
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GMARSMNT.ORD
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Ordinance No. 1237 (1993 Series)
Rosemont Planned Development
J Page 5
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.
A. Prior to any land division or issuance of a grading or building permit,
applicant shall submit for City Attorney approval a recordable covenant,
running with the land and binding on applicant and applicant's successors,
heirs and assigns, indemnifying the City of San Luis Obispo from any and
all liability for earth movement or any other geologic hazard arising out of
development of the site.
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.
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EXHIBIT A
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M__i1NG AGENDA ^�
DATEkl-93--- ITEM #
RRM DESIGN G' R O U P
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May 26, 1993 COPTFSM
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Councilman Bill Roalman WATTOMEY ❑ FWDuL
City of San Luis Obispo V CLF /Cmc. o Pouck cnO cner. M Ca rt c DIP
990 Palm StreetL—JXMD FU ❑❑ unLDIR.
San Luis Obispo, CA 93401
RE: Agenda Item C-6 On 6/1/93 Council.Agenda; Rosemont Planned Development
(Ordinance No. 1237 - 1993 series)
Dear Councilman Roalman:
Please consider this letter to be our formal request to immediately withdraw this
application for planned development rezoning of the subject property. This request for
immediate withdrawal is initiated by both the applicant and property owner who have
signed below.
Although we are appreciative of the efforts of all parties involved in the processing of this
application, the project as finally conditioned in Ordinance No. 1237 is not viable and
cannot be reasonably and feasibly implemented.
We wish to extend our personal thanks to you for your efforts to facilitate a compromise
between the owner/applicants and those who have opposed the project. .
Sincerely,
a
elton F roperty Owner. John ossetti, Applicant
Vi or Mo e , pplicant
cc: City Council
Glen Matteson, City of SLO
Arnold Jonas, City of SLO
J. Jorgensen, City of SLO
Om-roscm.roa
3oa6 South Higuers Street,San Luis Obispo,Califomis 93401 8051543-1794
loll-11th Street,Modesto,California 95354 209/544.1794
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