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HomeMy WebLinkAbout05/01/1990, 6 - A.) TRACT 1750: A SUBDIVISION TO CREATE 251 SINGLE-FAMILY LOTS, 88 MEDIUM-DENSITY AIRSPACE CONDOMIN N MEETING DATE: �iU8�1�0 ���►�I�����pj�IIIIIII City Of San LUIS OBISPO 5-1-90.0ftZe COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, ommunity Development Director PREPARED BY: Judith L utner, Associate Planner' SUBJECT: a. ) Tract 1750: A subdivision toycreate 251 single-family lots, 88 medium-density airspace condominiums, a neighborhood park and a small "historical" park, in five phases; b. ) PD 1449-B: A planned development rezoning to allow exceptions to lot sizes, yards, and density. The proposals affect property on the east, side of the railroad tracks in the Edna-Islay Specific Plan area. CAO RECOMMENDATION: By motion, continue consideration of the request to June 5, 1990, as requested by the applicant. Report-in-brief The City Council adopted the Edna-Islay Specific Plan in 1982. Since then, development of the area has been proceeding in phases, in accordance with the specific plan. In 1989, a vesting tentative map (Tract 1360 - subdivider: John French) to subdivide the remainder of the area on the west side of the railroad tracks was approved. The first phase of that map is near completion. The first phase on the east side of the tracks was approved in 1986. That phase, consisting of 131 lots, is also close to complete. The applicants are now asking for approval of a vesting tentative map to i subdivide the remainder of the Islay (east) side. Construction would take place in six phases, extending over a period of several years. The project is complex. Involved is the creation of a variety of residential lots, dedication of parks and open space areas, improvement of the creek habitat, creation of a railroad buffer area, and construction of bicycle paths. There are several issues to be discussed by the council. The Planning Commission and Architectural Review Commission hearings raised concerns that the developers prefer to resolve prior to council consideration of this tract map. The developers are, therefore, asking for a continuance to June 5, 1990 to allow them to make changes to their plans and to obtain information not now available. Staff concurs with this request. However, the City Attorney advised that, to meet time limits imposed by the Subdivision Map Act, a report be transmitted that explains the Planning Commission's action. This report fulfills that requirement. RECEIVF, D APR Z 1990 CITY CERN SAN LUIS 0;%I; 0 CA 5:3DA77. -I �►u�ilillli�i �d�li MY O� san LUIS OBI SPO SlaSs COUNCIL AGENDA REPORT Tract 1750 PD 1449-B 1107 Tank Farm Road Page 2 The issues of greatest concern to the Planning Commission were: specific plan consistency: The map for Tract 1750 differs from the specific plan map in several respects: an area proposed for a mix of low- and medium-density housing is proposed to be a small-lot development zoned R-1-PD, with density averaging 7.5 units per acre (slightly above the 7 units per acre allowed in the R-1 zone) ; the proposed railroad buffer area is smaller in area than shown on specific plan maps; the phasing boundaries differ and the number of phases is greater than shown on the specific plan maps; the limits of development against the hillside vary - homes proposed along the southwest side are lower, while homes along the northeast are-higher; the private recreation area has been replaced by a small public park containing the Rodriguez adobe. The previous interim Community Development Director determined that the differences are consistent with the specific plan, in that there are no major changes to land uses involved in the changes. Planning Commissioners disagreed on the significance of the changes. Three areas generating the largest amount of disagreement were: * The lots against the hillside. The specific plan map shows a street as the upper limit of development against the northeasterly hillside. The map shows lots in this location. The council will need to decide if the proposal for homes on the upper side of the street is appropriate in this location. * The bike path in the preservation area. The specific plan differentiates treatment of areas designated "creek improvement" and "creek preservation". Creek preservation areas already have habitat value, and are to be preserved by the provision of larger setbacks from the top of bank than are required in creek improvement areas. Specifically, bike paths in preservation areas are required to be located a minimum of 26' from the top of bank. The path starting in the public park has been routed into the adjoining creek preservation area, closer than 26' from the top of bank. This routing happened as a result of minor changes to the street layout of Tract 1376 made as part of the final tract map for that development. It has since been been determined that a colony of Western Pond Turtles, which live in the preservation area, are now considered a threatened species. At this time, it is difficult to go back and modify the bicycle path route. The Planning Commission recommendation is to have the developer fund a study to determine the impacts of the proposed path on the turtles and then for the developer to mitigate those impacts. * Railroad buffer area. The size of the railroad buffer area is proposed to be smaller than shown on the specific plan map. The specific plan allows for modifications to this buffer area. The council must 6-z city of San Luis OBIspo COUNCIL AGENDA REPORT Tract 1750 PD 1449-B 1107 Tank Farm Road Page 3 decide if the alternative chosen, involving a combination of distance and sound walls for mitigation, is acceptable. Hillside dedication and trails: The use and ownership of the hillside was a concern of commissioners and members of the public. The specific plan says the owner is to grant an open space easement to the city, and that long-term maintenance is a responsibility of the owner. Consistent with this requirement, the developers are offering the easement to the city. The Parks and Recreation Element calls for trails on the hillside. After reviewing a trails plan created by the developer, the Parks and Recreation Commission recommends that the developer instead donate an amount to the city, equal to the cost of developing the trails, so that they may be installed later if determined necessary. The council may prefer, given the degree of public use already occurring and expected in the future, to require that the hillside be granted to the city in fee. Recommendation: Staff is recommending that the council continue the discussion, to allow the developer, as requested, to respond to concerns raised by the Planning and Architectural Review Commissions. Staff encourages council comments regarding items that need clarification or additional information. DISCUSSION Background Situation The applicants want to develop the remainder of their property on the "Islay Hill" side of the Edna-Islay Specific Plan area. They are asking for approval of a master vesting tentative subdivision map and a planned development rezoning. Final maps would be submitted for each of five phases, consistent with the approved tentative map. The Planning Commission reviewed this request in a study session on January 3, 1990, and held public hearings on February 28 and March 28, 1990. On March 28, the commission voted 3-2 to recommend approval of the tentative map to the council. The Architectural Review Commission reviewed plans for the condominium and apartment sites on April 16, 1990, and continued consideration with direction to the applicants. The Parks ` and Recreation Commission reviewed the trail proposal for Islay Hill on March 7, 1990, and recommended that no trails be installed as part of this development. The Cultural Heritage Committee visited the adobe site 3 11111119iI11$in1U111111ll city OF SM LUIS OBI SPO C COUNCIL AGENDA REPORT Tract 1750 PD 1449-B 1107 Tank Farm Road Page 4 and discussed the use of the adobe. That committee will have reviewed the proposed adobe park site by the time the council receives this report. Data summary Address: 1107 Tank Farm Road Applicant/property owner: Pacifica Corporation (Stuart Greene, project director) zoning: R-1-SP, R-2-SP, and C/OS-40-SP General plan: Low-density residential Environmental status: EIR certified in 1982; no further study needed, but monitoring of EIR mitigation measures will take place. Project action deadline: June 28, 1990 Site description The site is a large (139 acres) , irregular-shaped parcel of varying topography. A creek cuts across the property from north to south, starting near the intersection of Orcutt with Tank Farm Road. A portion of Islay Hill takes up about a third of the area. An adobe dating from the 1850's is the only building on the site. The site surrounds (on three sides) the first development on this side of the tracks, Tract 1376 ("The Arbors") . The 131 homes in Tract 1376 are complete or under construction. Project description The applicants propose a subdivision and planned development to create: 1.. ) 134 single-family lots ranging from 4,100 to 8600 square feet, averaging 5,500 square feet in area; 2. ) 88 air-space condominiums on 6.6 acres, including a program to provide 23 units to low- and moderate-income families (administered by the Housing Authority) ; 3. ) A 1.8-acre site to be made available for sale to the Housing Authority, adequate in size for twenty apartments (as required by the specific plan) ; 4. ) 117 large "custom" lots, averaging 9,900 square feet; 5. ) 75 acres of open space to be dedicated to the city (Islay Hill) , with a contribution for trail construction; 6. ) A combined city and linear park, totalling 12.9 acres, to be ����� ►�iIIII��p�q�NDI city of san Luis oamspo COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 5 dedicated to the city; 7. ) A one-acre "mini-park" to be dedicated to the city, containing a rehabilitated Rodriguez adobe (restoration partially funded by developer) ; 8. ) A 400,000-gallon water tank to serve a portion of the development (water from the Edna Saddle and Terrace Hill reservoirs, along with the new water tank, will adequately serve the entire Edna Islay area) . EVALUATION 1. Water availability. No city water is presently available for this development. The developers plan to use well water for park irrigation, but none would be available for homes or other irrigation. The city attorney has previously found that the creation of lots does not in itself create a demand for water, and that therefore, lack of water cannot be used as a finding for denying a subdivision map. Any approval, however, should contain a condition requiring notification of future lot owners of the possibility of building permit delay because of lack of water. Staff notes that such notes have been required on other maps recently, and that in some instances the State Department of Real Estate has been unwilling to approve the lots created until water was made available for them. In those cases, the subdividers are currently retrofitting plumbing fixtures throughout the city to build a "bank" of water allocations sufficient to build homes on the lots. The developers of Tract 1750 have the same option. Staff notes that approximately seventeen existing homes would have to be retrofitted for each lot created. 2. specific plan consistency. Several parts of the proposal deviate from the layout of the specific plan map. The former (interim) Community Development Director determined that the proposal is consistent with the plan, and approved minor changes to the plan, based on finding that changes to the layout of land use do not significantly affect a planning concept spelled out in this report. Changes of concern are: Railroad buffer areas. Instead of the wider landscaped areas along the railroad, the developer proposes some narrower landscaped buffers along with walls. Walls are proposed from Tank Farm Road down to the lots at the end of Wavertree Street. The remainder of _ the lots do not need walls for noise attenuation. The specific plan says that alternative sound mitigation methods may be used, if acceptable to the commission and council. ���� iilVlllllll�pn� ���►U city of san tuns oBispo COUNCIL AGENDA REPORT Tract 1750 , PD 1449-B Page 6 Lots against the hill. The specific plan calls for a street against the east side of Islay Hill, whereas the developer wants to place lots in this location. Also, the lots are higher in elevation than the road on the specific plan map was shown. The director found this proposed change consistent with the specific plan, based on the overall design, which places lots on the west side of the hill lower down, more than balancing the total open space to be dedicated to the city. It was the director's determination at the time that the visual impact of the homes in this location would not be significant. See below for additional discussion on this item. Bike path in creek preservation area. The current neighborhood park plan (off Tank Farm Road, between the two tributaries) shows a bike path entering the neighborhood park., meandering south for about 1,000 feet, then crossing the creek to continue along the rear of existing lots. A portion of the path (the last 400 feet) intrudes into the creek preservation area. The specific plan calls for different treatments for "creek preservation" and "creek improvement" areas, as the preservation areas already have wildlife habitat value. The specific plan says that bike paths near creeks must be set back a minimum of 26 feet from the top of bank (see figure 19) . The southerly portion of the path in the park, then, intrudes in the preservation area farther than the specific plan allows. The original proposal for the park, which was approved along with the first subdivision on the east side of the tracks (copy attached) , showed the path along the rear of the lots along the westerly side of the creek from Tank Farm Road southerly. In this proposal, the path also intrudes into the creek preservation area, in that in places it is closer than 20 ' from the top of bank. During the review of the original plan, staff pointed out that the specific plan called for the bike path to be in the park, then to cross over the creek. Accordingly, the path was moved to the opposite side of the creek and crossed over where it intersected with a street. During preparation of the final map, the layout of the streets in Tract 1376 was modified slightly. Unfortunately, because the street intersection had moved south, the bike path entered the creek preservation area. An additional concern related to this section of the creek is the discovery of a threatened species- the Western Pond Turtle - on the site. When the specific plan EIR was prepared, this turtle was identified (called the "Pacific Pond Turtle") , but it was not considered threatened at the time. Further, the creek preservation area standards were considered adequate to protect creek wildlife. city of San LUIS OBISpo 00 COUNCIL AGENDA REPORT Tract 1750 PD 1449-B .Page 7 It is unclear at this time if allowing the bike path to enter the creek preservation area will, in fact., harm the turtle's habitat. Staff points out that the entire creek is being planted to improve its habitat value. Not only creek preservation areas, but creek improvement areas as well, have been designed with minimum 20' setbacks (except for 360' having 10 foot setbacks, discussed below. ) Except for this one area, where the path was inadvertently routed into the creek preservation area, the creek preservation area standards are met and the creek improvement area standards are exceeded. The present proposal does improve the habitat value of the creek, in staff's view, in a manner superior to the specific plan guidelines. The one exception is the stretch of bike path on the peninsula, within the preservation area. At this point, the obstacles to relocating the path from the preservation area are almost insurmountable. The alternatives considered by staff are: * Cut across the creek farther north, as shown in the specific plan. Unfortunately, Tract 1376 is built. The city has an easement over the rear of the first fourteen creekside lots, but this easement does not include the right to place a bicycle path in any part of that location. Further, the area available behind those lots does not allow much room for a bike path and vegetation. The city would have to obtain permission from each lot owner to place a path behind their lots. BAsed on resident comments at earlier hearings, staff does not believe the lot owners would grant this permission. Continuing the path down the narrow creekside easement might also be more destructive to the creek habitat than the present proposal. * Cut across farther north, and place the path on Wavertree Street. The path cannot be placed on Wavertree Street, because city standards require any on-street path to be on both sides of the street. There is not room for on-street paths and parking lanes as well. Also, the path could not be placed off-street, adjacent to Wavertree, simply because the right-of-way is not wide enough. Wavertree Street exists and therefore cannot be realigned to accomodate a bicycle path. * Use the path to "A°' Street and continue the path along that street until it is outside the preservation area, then cut in and continue along the creek. On paper, this solution looks workable, if awkward. In the field it does not appear feasible because of the steep slopes in the area where the path would reroute back to the creekside. This solution, if physically feasible, would require a wider right-of-way and the path would have to be off-street. �7 111111111104111 city of san tins oBispo AONG@ COUNUL AGENDA REPORT Tract 1750 PD 144.9-B Page 8 * Use the path to "A" Street and continue down "A" Street to the railroad underpass. A wider right-of-way would accomplish this diversion. This alternative would lessen impacts on the creek from the park southerly. It would also leave the existing bike path behind the homes in Tract 1376 without any connections at either end. The counvil would have to decide if it is consistent with the specific plan to reroute the path from the creek to the road. * Eliminate the path in the peninsula only but make no other changes. This alternative would essentially place the beginning of the path where it is now, lined up with the intersection of Ironbark and Wavertree Streets. The path in the park would be a separate amenity. This alternative is feasible, but amounts to a break in the path. The council would have to decide if the choices available to a cyclist are acceptable. Staff will have exhibits available at the meeting, showing these alternatives. Conclusion: Staff feels the issue is simply, "Is significant harm going to come from the path where it is currently shown?" If not, then the path should be allowed to be built as proposed. If harm is seen to result, then staff would support eliminating the path in this location, or imposing mitigation measures to limit the potential for harm. Staff recommends that the developer fund a study to determine the Western Pond Turtle's habits and potential impacts upon its continued existence here. The study should identify mitigation measures to limit impacts. A condition has been drafted that requires such a study and requires the developer to perform recommended mitigation measures. 3. Grading. The grading proposal is superior to the grading done for Tract 1376. The great majority of lots have banks of four feet or less in height. About thirty lots have rear yard banks from five to 12 feet in height, with most of those in the five through eight- foot range. Sideyard banks are four feet or lower, except for two, which are five and six feet in height. These bank heights could be reduced if the site were essentially flattened, or if the lots themselves sloped. Of these two alternatives, the second is preferable. However, construction on unevenly sloped lots would require the developers to custom-design each house, considerably adding to the cost. The difference in cost would not likely be acceptable to future homebuyers, given that homeowners typically want usable flat yard areas and are unwilling to pay extra for the inconvenience of creating their own. Unpadded -Ir ��� ►�II1111�� ►��B�II city of San lues OBISPO COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 9 lots also require unique drainage solutions that can be costly and inefficient. In staff's view, there is not a significant public gain to be obtained from requiring the small and standard lots to be unpadded. The hillside lots are a different matter. The lots adjacent to the hillside open space are larger and more visible to the general public. Staff is recommending that grading on these lots be limited. to the house, driveway, and small yard areas, consistent with the hillside standards in the Land Use Element. However, the potentially unstable soils on lots within the "shallow slide area" (lots 170 - 173 and lots 189 - 192 in phases 5 and 6) should be removed, filled, and recompacted in accordance with the geology report recommendations. Grading of these lots is, therefore, necessary to assure stability. Staff is recommending, in the case of these lots, that the fill and recompaction essentially match the original terrain. The lots on the west slope of the hill have been designed in accordance with the geology report recommendation, which says that i, lot lines should be kept at least five feet away from the outer limits of the slide area. The Engineering Division notes that slope stabilization is not an exact science, and therefore recommends a more conservative setback from this slide, unless further geological investigation proves the slide is stable as is. Engineering is recommending a 50' setback, but points out that the council needs to make a policy decision on this, as there are no definitive guidelines. Conditions have been recommended that address the slide areas in accordance with the Engineering Division's recommendations. 4. Hillside lots versus public street. As mentioned above, under "specific plan consistency", the specific plan calls for a public street against the open space area on the east side of the hill, while the developers are proposing lots on the uphill side. The difference is primarily visual, since other factors (such as fire, public access, and geology) can be mitigated and have been on similar lots throughout the city. The appearance of the open space area from a distance is not likely to be significantly altered by the imposition of homes as opposed to a street in this location. However, from the point of view of a driver along "A" Street, the difference could be significant. After hearing public testimony at the February 28 Planning Commission meeting, on the value of visual access from the street, staff now recommends that the street layout be modified so that "L" Street defines the upper limit of development. A connection from "A" Street to "L" Street is preferable, to allow a car travelling along "A" Street to drive next to the hillside, uninterrupted by homes. Because of the slope, a modification to the street layout 411111$11l 111$ city of San tins OBIspo COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 10 may be necessary to achieve this goal. At the Planning Commission hearings, the issue of lots against the hillside along the east side of the hill was significant, with the two dissenting commissioners preferring a street against the hillside, and with public testimony, especially from nearby residents, also supporting a street. This is the only issue where the staff recommendation differs from . the Planning Commission recommendation. Staff does not object to the upper limits of development as now proposed, however. In other words, we would support moving "L" Street to the location now shown as the rear lot lines of the lots adjacent to the hillside. We feel that the dedication of open space as currently proposed exceeds that originally envisioned by the specific plan, since the lots on the west side of the hill are lower on the hillside, and the lots on the east side do not extend as far along Orcutt Road. The attached map shows the tradeoffs proposed. 5. Railroad buffer. As noted above, the railroad buffer area differs from the standards in the specific plan, but the specific plan allows for differences if acceptable to the commission and council. Staff supports the differences, for the following reasons: * The proposal includes a plan for small homes on small lots to meet part of the medium-density requirement of the specific plan. Staff finds this type housing is different from most other medium- density proposals in that it allows for individual lot ownership different from the restrictions of condominiums, but with the advantage of proportionately lower cost than for larger lots, and less yard area to maintain. The proposal, in staff's view, meets a need in the community. Further, the smaller lots are not so small that privacy is unattainable. To provide this type housing, however, takes more land area for the same number of homes than an apartment development would take. The developer's answer: make the railroad buffer area smaller. * The railroad buffer area is not a usable open space area. It is a noise mitigation and visual barrier. The current proposal still includes a densely-planted buffer, although narrower than the specific plan design. * The sound walls can be attractively designed and effectively landscaped. Further, it is likely that either the developers or the lot owners would install fencing on these lots. The sound walls can , be more attractive than fences, especially if required to be landscaped as part of the tract approval. ����,�; iB(lf�p ���l► city of San tins OBISpo WhiMe COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 11 Staff notes that if the council requires the original standards to be adhered to, that requirement would effectively eliminate the small lots, as the smaller number remaining would not likely be financially feasible. This change, in essence, would constitute a denial of the map. Staff's support of the map is a support for the entire proposal, which we feel, on balance, is a superior proposal to the original specific plan map. 6. Drainage swales on the hillside. One concern noted at the February 28 commission meeting was the implied culverting of drainage swales now existing on the hillside, particularly on the lots on the easterly side of the hill. If the above recommendation for a street along the hillside is followed, the swales become effectively a moot point. The street will intercept drainage from swales, rendering the downhill swales unnecessary for a significant amount of drainage. If the council feels strongly that the swales should remain as is, it could require their retention. In staff's estimation, lot 224 may be undevelopable with this condition, and the others may be developed around it. Staff does not see the public benefit of requiring swale retention, when views of these swales will likely be obscured by homes and the swales themselves will likely be planted. The Planning Commission action did not .include a requirement to retain these swales. 7. Trails on the hillside. As noted in the previous report, the Parks and Recreation Element calls for developing trails on the Islay Hill open space when the site is developed. The Parks and Recreation Commission reviewed a trail plan on March 7, 1990. Because of public testimony on the sensitivity of the soils, that commission recommended that no trails be established at this time, but that public access be allowed and the developer be required to pay to the city the estimated cost of installing the proposed trails. This amount would be allocated to maintenance and improvements of the Islay Hill open space exclusively. If, after several years of use, the council determines that trails are needed, they can be installed at that time. The Planning Commission supported this approach. Staff concurs with this recommendation, and has included a condition requiring the developer to pay the estimated cost. The developer is also supportive of this recommendation. 8. Schools. Staff has heard from residents in the general area of the City Of San IDIS OBISPO NMZB COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 12 development, who are concerned about the development's impact on schools. The environmental impact report for the Edna-Islay Specific Plan concluded that as the area is occupied, impact on schools should be monitored, and the developers may be required to post bonds to help finance school facilities or help bus students. Since the EIR was approved, the school board imposed fees on all new development. These fees have been paid with each residence built in the Edna-Islay area since the fees were adopted. The City Attorney says that additional fees for schools should not be imposed on this subdivision without similar action on all others in the city. The school district did not project a need for a new school in the Edna-Islay area, but anticipated that if the Edna Valley were further developed a school somewhere in the vicinity may be needed. Staff has met with school officials in the recent past on this issue, and found that there are alternative school sites superior to the Edna-Islay specific plan area that the school board would prefer to develop. The Edna-Islay area has been rejected because , of its nearness to the airport and the .need for a school more , centrally located in the area of need. one concern voiced by the residents is that because the proposed development includes single-family lots instead of apartments, the number of children may exceed that anticipated by the specific plan EIR. The EIR (p. 67) says: "An additional projection of student populations was made based on the assumption that the various housing types would generate approximately the same numbers of students. The reason for this assumption is the growing number of single parents living in medium density housing and increased numbers of childless working couples living in low density housing. As a worst case condition, student generation rates in the Laguna Area, which has the highest student generation rate in the city, were utilized, and population projections were based on the citywide rate for single-family housing. " Hence, the change from apartments to single family lots was in fact anticipated in the EIR. Staff has provided this information in the hope of dispelling any confusion on the subject, and notes that the city does not control the school district, nor does the district override the city. The two agencies operate independently. The city is willing to assist the school district in finding suitable locations for schools. No action is needed on the part of the council. ������►�►►i�ifllll►�1►u�u►91�1ii city of San LUIS OBISPO WN.As COUNCIL AGENDAREPORT Tract 1750 PD 1449-B Page 13 9. Well site. If a well can be developed onsite, the developer would like to use the water to irrigate the creek buffer areas and the park, ahead of any other development. A groundwater hydrologist has recommended a location on the west side of Islay Hili, in the open space area, as a possible place to find water. The developers are asking for permission to drill a test well at the site (location shown on attached plan) . They need to know if a well. is an acceptable use in an open space area. The city's Utilities Department has no objection to the request, and notes that an improved access road would not be required for such a limited well site. Therefore, the well site would be nearly invisible as developed. The Planning Commission supported the well use in the open space area. Staff finds the use of the open space area for a well consistent with uses otherwise allowed in this zone, although the zoning regulations are silent on the subject of wells. If a well is unacceptable in this location, the developers are willing to find other means to provide water, including retrofitting plumbing fixtures, to allow them to landscape and maintain a creekside buffer area. In staff's view, if water can be obtained that does not affect the city's supply, it should be used to improve the creek habitat and develop the park. 10. Medium density design. One part of the medium-density proposal for the site is the condominium site, discussed further below. Another part of the proposal includes small (average 5,500 square feet) lots with smaller homes (averaging 1,582 square feet; all three- bedroom) . The developers propose this portion of the medium- density area be designated R-1-PD, instead of R-2, to create a single-family neighborhood and to allow more flexibility in bedroom counts. The overall density of the lots is higher than normally allowed in the R-1 zone, but lower than the maximum in the R-2 zone. Compared with a typical R-1 development, this proposal is only slightly more dense (7.5 as opposed to 7.0 dwellings per acre) . The zoning regulations define "dwelling units" differently in the R-1 and the multi-family zones. In the R-1 zone, a single dwelling of any size is considered a "unit". In the other three residential zones, a two-bedroom dwelling is a "unit". The total number of "equivalent units" (as defined by the zoning regulations) , on the easterly side of the tracks, if this area were designated R-2, is 519. If counted instead as single dwellings (R- 1) , the number is 471. It is this unit count, along with the increased density on the condominium and housing authority lots, G-/3 klicity of San lues OBISPO COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 14 that led to the staff's determination that a density bonus is required for the development. The homes may appeal to first-time buyers or "empty-nesters" (who often prefer extra bedrooms for guests or offices) . Some drawbacks are the increased lot coverage and proportionally larger areas devoted to streets. Some advantages are that because the lots and homes are smaller, they should cost less than the larger homes in Tract 1376; there will be less maintenance of yards, and they may appeal to a population that is inadequately served. Staff supports the inclusion of smaller homes on smaller lots as meeting the intent of the specific plan in providing medium-density housing. For greater flexibility, staff also supports the R-1-PD rezoning. Staff notes that the development, now under construction, on the north side of Tank Farm Road, west of the tracks, was rezoned to R-1-PD to allow a different bedroom mix than would have been allowed in the R-2 zone, as well as to maintain the single-family character of the development. The present project is similar to that one, except that these lots are larger (density is lower) and - - the streets are public. 11. Affordable housing and density bonus. The developer is offering a site to the Housing Authority sufficient for 20 medium-density dwellings, consistent with the specific plan. The Housing Authority component is over the density allowed in the R-2 zone. The specific plan says the developer shall offer to the Authority a lot large enough for twenty dwellings. The developers offered the lot west of the condominiums and next to the railroad tracks, which is of sufficient size to accommodate 20 two-bedroom dwellings consistent with the city's R-2 standards. The Housing Authority (HA) , however, wants to build fourteen two-bedroom and six three- bedroom apartments on this site. The three-bedroom units cause the overall allowed density on this lot to be exceeded by fifteen percent. (Density is 12.8 units per acre. ) Originally, the developer designed a. development for the HA lot not as an actual proposal, but only to show that twenty units could be placed there that meet property development standards. The HA liked the proposal, and was happy to have the developer do the design work so that it is compatible with the condominiums next door. Working with the Authority, the developer has redesigned the project to include more open space, no enclosed garages, and six three-bedroom units. Therefore, this lot has become a part of the planned development proposal and a density bonus of 15% is being requested, for it. Beyond the housing authority lot, the proposal includes an offer of city of San tins osIspo ININGs COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 15 23 condominium units to be restricted for sale to qualifying low- and moderate-income families. These units would be randomly selected from the 88 proposed. The number of restricted units is 5% of the total number of dwellings on this side of the tracks, and is slightly greater than the increase in the number of "equivalent units" over the specific plan maximum (519 - 498 = 21) . Staff sees the project as including a density bonus request, because of this overall difference. The specific plan sets standards for approving planned developments and density bonuses. The standards (see page 17 of the EISP, copy attached) are similar to the criteria listed in the zoning regulations for approving planned developments and density bonuses. Staff finds that the affordable housing component is desirable, and the design of the small lots meets a need in the city. These special components of the project justify a density bonus. 12. Condominium standards. The city has an ordinance setting property development standards (open space, storage, private yards, etc. ) for residential condominium development. e The condominium development will meet all of the standards. In the R-2 zone, a minimum of 250 square feet of private open space is required for each unit. Each unit has 250 square feet of private open space, provided either in an interior "courtyard" or on a balcony over the garage. Additional 80-square-foot private open space areas are provided 'off the living rooms, but these areas do not meet the minimum width requirement of ten feet. A minimum of. 750 square feet of total (private and common) open space per unit is required. About 950 square feet of total open space per unit is provided. Required storage units are not indicated, but this requirement may be met with minor changes in the plans. The Architectural Review Commission reviewed the condominium proposal on April 16, 1990. That commission had concerns about the effect of a row of garages on the private street, and wanted to see larger common areas and more evenly distributed guest parking spaces. The architect is revising the plans, and plans on having them ready for the ARC's May 14 meeting. Staff would prefer that the council not take a final action on this project until the ARC has granted schematic approval. 13. Yard setbacks. The applicants have requested street yard exceptions for eight homes on the smaller lots (see sheets P6 and P7) . The exceptions range from three to seven feet and involve only portions of the buildings. The largest exceptions, for lots numbered 90 in both phase 1 and 2, are for homes on large but fairly shallow lots. The exceptions will afford easier access to the garages (all of which are set back at least 20 feet) , and will provide more usable 6 -/s 111111III1jflllu4181N city or San LUIS OBISp0 A COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 16 yard area. In staff's view, the exceptions are minor, and present no health, safety, or visual problems. Staff's recommendation to the Planning Commission was for approval. The Planning Commission recommended approval of the street yard setbacks, but denial of the sideyard exceptions also requested. Since the building of homes on thoselots is still years away, the applicants are reconsidering their request, and looking at different designs for the small lots, including zero-lot-line proposals. The streetyard exceptions may be irrelevant. Staff now recommends that any streetyard exceptions be considered at administrative hearings when home designs are finalized. If the council is concerned, as was the Planning Commission, that sideyard exceptions would affect the solar access and liveability of these lots, then the recommended condition allowing no sideyard exceptions should be retained. 14. Detention basin. The applicants have used a method for calculating the needed capacity of the proposed detention basin (next to the ,- tracks, south of the adobe) that differs from the technique employed for specific plan calculations. The Public Works Department is unable to verify if the proposed capacity will be adequate, and is requiring additional calculations and a review by the original specific plan engineer. If the capacity of this basin is determined inadequate, then it will need to be enlarged. The result of that enlargement will be the removal of some of the residential lots. Staff would prefer to have the additional calculations and review prior to council action. This information may be available at the council meeting or soon after. However, the impact of requiring a larger basin, if needed, will be to have fewer houses. The council can determine if fewer houses is acceptable. 15. Power lines. The specific plan calls for a linear park beneath the electrical transmission lines on the northeast side of Islay hill. The width of the park is not stated in the specific plan, but scales at approximately 100' on the specific plan map. The developer originally showed the park as 50' wide. The Planning Commission recommends that it be 100' wide, and that no buildings or parking areas be allowed. within this area. The commission's concern arose out of reports on the possible danger of concentrated electrical fields to humans. An additional condition, requiring a statement to be recorded on each lot near the power lines, was imposed. The , statement is intended to inform lot buyers that they live near such a field. 6 Ao city of San tins OBISp0 COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 17 The developer is revising plans to show the wider linear park. As now proposed, the park would provide access to Islay Hill, but would not include any amenities, such as picnic tables, that would encourage people to stay in this area. 16. Islay Hill open space and related parcel map. The developers are offering the dedication of an easement over the Islay Hill open space, consistent with the specific plan. The easement would include the entire 75-acre site. Recently, the Planning Division received a parcel map that would create the open space area as a separate parcel. The applicants of that parcel map, who are the former owners of the Islay site, want to create the parcel so that it can be transferred to them by the present owners (Pacifica) with the easement intact. There are three issues raised by this parcel map: _ 1) Will the creation of a separate parcel only usable as open space lead to a future "taking" issue? In other words, will the new owners later try to obtain compensation from the city for not allowing development on the site? The answer is no, according to the City Attorney. The new owners have been informed ahead of time, through the specific plan and the easement, that the hillside is intended for open space uses only. Further, these uses include limited agricultural and similar uses, and therefore the property owner is not deprived of "all reasonable uses". 2) Is an equestrian center appropriate on the hillside? There is one difference on the parcel map from the Tract 1750 map: an area approximating a possible equestrian site is excluded from the open space easement. The applicants of the parcel map would prefer to retain the option of developing an equestrian center in the northeast portion of the site. The specific plan says an equestrian center may be allowed in that location, subject to a Planning Commission use permit. Given the recommended action on the trails, staff is concerned about the possibility of an equestrian center on the hillside. Horses need trails, and if none are created they may create their own, which could be damaging to the hillside. Further, such a center may not be necessary in this area, given the possibility of similar future development in the vicinity (county) . Staff is recommending that the council require the open space easement to include the entire hillside, including the area �-l7 �����v �WiIIIIII�P° ��NdUI city of san lues oBispo _ iONG@ COUNCIL AGENDA REPORT Tract 1750 PD 1449-B Page 18 designated for equestrian use. The specific plan shows the equestrian area as part of the open space, presumably because such a use is consistent with open space uses. The issue of whether or not to allow the equestrian center can be resolved with the required Planning Commission use permit. 3) What does the council ultimately want the hillside to be used for? The specific plan says that the hillside will remain in private ownership and will be maintained privately, but that the city will have an easement over it. This arrangement presumes little public use of the property. Staff notes that the hillside is already used regularly by hikers from within and without the neighborhood. The Parks and Recreation Element shows trails up the hill as part of the city's overall trails plan. It is likely that it. will be used increasingly by the public. Normally, in cases where public use is encouraged, it is best for the city to own the property so that it can be properly maintained and supervised. The council may find it more _ appropriate to require dedication of the open space area in fee than as an easement. Staff would support this action. OTHER DEPARTMENT COMMENTS Concerns of other departments are contained in the discussion above or in the conditions. ALTERNATIVES The council may continue consideration, as recommended by staff and requested by the applicants. The council may approve the map, as proposed, as recommended by staff, or with changed conditions. The council may deny the map, if it makes findings to support a denial. RECOMMENDATION Move to continue until June 5, 1990, to allow the applicants to complete changes to the plans and resolve some of the issues. If the council prefers to approve or deny the map at this meeting, then it should adopt a resolution approving or denying it. Draft resolutions are attached. d -I8' RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR TRACT 1750, CREATING 251 SINGLE-FAMILY LOTS, 88 CONDOMINIUMS, TWO PUBLIC PARKS, AND A LOT TO BE SOLD TO THE HOUSING AUTHORITY, ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS (TRACT 1750) 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 subdivision request Tract 17.50, the Planning Commission's recommendation, the Architectural Review Commission's action, the Cultural Heritage Committee's recommendation, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and the proposed improvements are consistent with the general plan and specific plan for the Edna-Islay area. 2. The site is physically suited for the type and density of development allowed in an R-1-PD-SP and an R-2-PD-SP 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 improvements will not conflict with easements for access through (or use of the property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna-Islay Specific Plan and that an environmental impact report was certified for the specific plan, and no further environmental study is needed. 617 Resolution no (1990 Series) ' Tract 1750 Page 2 SECTION 2. The tentative map for Tract 1750 is approved subject to the following conditions: Conditions: 1. Multiple final maps may be filed. 2 . Development of the subdivision must be in accordance with the Edna-Islay Specific Plan, except as specifically shown on the tentative maps approved by the council on (date) or as conditioned herein. Fire Department requirements: 3. Fire protection facilities required by the fire department are to be installed by the developer. Such facilities, including all access roads, shall be installed and made serviceable prior to and during the time of building construction. 4. Hydrants are to be spaced at 500' maximum intervals. 5. The subdivider shall pay $60, 000 to the city for a fast response vehicle with off-road capability, to serve this area. Payment of $60,000, adjusted for inflation between tentative map approval and time of payment, shall be made prior to approval of the final map for phase 6. 6. All structures will require an approved, automatic fire- sprinkler system, to the satisfaction of the Fire Department. Minimum water services shall be one-inch diameter. 7. The developer shall fund $10,000 for their share of the cost of a device that lets Fire Station 3 know when railroad tracks are blocked by a train at Orcutt Road, or three Opticom intersection controllers for responding fire apparatus. 8. A 20 '-wide paved access road shall be provided through lots 183 , 184, and 185 to provide access to the open space area, to the satisfaction of the Fire Department and City Engineer. 9 . Emergency access to the Islay Hill open space shall be provided to the approval of the Fire Department. Creek and detention basin requirements: 6-Z D Resolution no (1990 Series) C. Tract 1750 Page 3 10. A minimum setback of 20 ' from the creek top of bank is required for rear property lines or any improvements. 11. A creek protection and restoration plan must be submitted to the approval of the. City Engineer and Community Development Director, along with improvement plans. Such plan must show improvements to the creek area included in the creek maintenance easement or extending from the rear lot lines to the lot lines across the creek, whichever is greater. Plans shall show all landscaping and erosion .protection methods. 12. The creek crossing methods proposed for the bicycle/pedestrian paths and for Orcutt Road must be within the guidelines established in the Flood Prevention Policy adopted by the city, unless an alternative is specifically approved by the council. 13. Fish and Game and Corps of Engineers permits are required. for all work within the creek, and for crossing the creek near the intersection of A Street and' Orcutt Road. 14. A study team shall be established to monitor the Western C' Pond Turtle colony. The team shall be made up of representatives of the Department of Fish and Game, the San luis obispo urban Creeks Council, the Community Development Department, and the developer. Funding, not to exceed $10,000, shall be provided by the applicant. The purpose of the study will be to inventory the population, identify the extent of existing habitat, and identify impacts to the turtle colony and to identify mitigation measures, if any with the developer will be required to provide. The study period will continue for 24 months. 15. The design of the bicycle path within the creek preservation area at the southerly end of the public park must be in accordance with Fish and Game recommendations, not to disturb the creek preservation area. 16. The creek banks adjacent to Tract 1376 shall be revegetated in accordance with a plan developed with assistance from the Urban Creeks Council, to the satisfaction of the Community Development and Parks Divisions. Work shall be completed prior to acceptance of the first phase of Tract 1750. 17. The detention basin must be designed per standards established by the Edna-Islay Specific Plan and to the satisfaction of the City Engineer. The detention basin may be fenced, at the developer's option, and must be Resolution no (1990 Series) �. Tract 1750 Page 4 maintained by the tract homeownersassociation. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. Public Works requirements: 18. Orcutt Road shall be widened and improved along the entire frontage as part of phase 4. Orcutt Road shall meet City and county design standards with respect to super elevation, vertical, and horizontal stopping sight distance (55 mph design speed) , and shall include a bicycle path on the westerly side. Sight distance at the proposed Orcutt Road/A Street intersection must be evaluated as to adequacy. Existing road may require .regrading. 19. Modifications to sewage lift-stations and related improvements may be required in accordance with the specific plan. The developer may be required to contribute towards these improvements in lieu of actual construction, to the satisfaction of the Utilities Director. 20. The water tank must be installed and operating prior to the issuance of building permits for phase 3. 21. Water acreage fees and sewer lift station charges are required to be paid prior to recordation of the Final Map. 22. All lots must be served by individual water, sewer, and utilities. 23 . The construction of public streets shall comply with the city's Engineering Standard Details/Specifications, the Pavement Management Plan, and to the satisfaction of the City Engineer. Street structural sections shall provide for the ultimate design-life upon acceptance of the street by the city. Phased construction of housing will require the phasing of street construction or an increase in the street structural section to compensate for the reduction in the life of the street, prior to acceptance, from construction traffic. 24 . All residential water services must be sized to accommodate fire sprinklers to the satisfaction of the Fire Department. 25. The developer must dedicate a 1-foot vehicular- non-access strip along all lots adjacent to Tank Farm Road and Orcutt Road, to the satisfaction of the City Engineer. Resolution no (1990 Series) Tract 1750 Page 5 26. Phasing of this tract and utilities may require off-site utility extensions within subsequent phases, to the satisfaction of the City Engineer and Utilities Engineer. 27 . At the time of development of phase 5, an emergency and construction access road must be provided that continues A Street to Orcutt Road, to the approval of the City Engineer and Fire Department. 28. All grading and development improvements shall be done as . approved by the City Engineer and in accordance with the recommendations per the soils report prepared by Pacific Geoscience, Inc. , dated July 5, 1989 and the Geotechnical Update and Plan Review by Gorian and Associates dated July 14, 1987 for Tract 1750, and any subsequent soils reports requested by the City Engineer. The grading plan must be approved by a registered soils engineer and the City Engineer. The grading shall be inspected and certified by the soils engineer prior to .installation of any subdivision improvements or issuance of building permits. � The northwesterly limit of the landslide denoted as Qls 1 shall be determined precisely in the field prior to final map approval of the respective phase. The nearest lot line shall be at least 50 feet from that boundary and the adjacent lots shall be adjusted or deleted and Courts "H" and "G" adjusted, accordingly except that property lines may not extend beyond that shown on the tentative map. 29. The grading plans for phases 5 and 6 shall include such facilities and preparation so that individual lots will not require offsite construction. 30. Individual lots on phases 5 and 6 shall have the foundation design approved by a registered soils engineer. A notice shall be recorded concurrently with the final map notifying any purchaser of these lots of this requirement. 31. Additional soil investigations shall be done to ascertain that the proposed water tank site and lots and streets above and below Street "A" (phases 5 and. 6) are stable and suitable for development, to the satisfaction of the City Engineer, prior to final map approval. If evidence is found that indicates any instability, mitigation measures must be taken to remedy the instability, to the satisfaction of the City Engineer, or the respective final _ ' map shall be modified accordingly. Resolution no (1990 Series) Tract 1750 Page 6 If these sites are required to be excavated and filled and recompacted, the fill and recompaction should closely match the original terrain, as determined by the Community Development Director and Engineering Division staff. 32. Any existing mines encountered shall be abandoned in accordance with State of California and local regulations, to the satisfaction of the City Engineer. 33 . Any slope instability observed during grading operations and subdivision construction shall be evaluated by a soils engineer and repaired to the satisfaction of the City Engineer and Community Development Director prior to final acceptance of the respective phases. The final maps or separate recorded instruments shall note that (T)the city reserves the right to withhold building permits on any lot which appears to be threatened by slope instability. .34. The subdivider shall submit a report by a registered civil engineer certifying that all lots are not subject to flooding during a "100-year" storm, to the satisfaction fo the City Engineer. i Parks and open space: 35. The neighborhood park may be completed in one phase by the developer- . The subdivider shall record a lien or alternative approved by the Community Development Department, equal to $750 per unit for park improvements, to become due and payable to a special fund, maintained by the city, upon transfer of the lots or dwelling units. If the developer chooses to develop the park to the satisfaction of the Community Development, Parks, and Recreation Departments, the city shall refund the amounts accumulated in the park improvement fund to the developer after completion of each phase as described on the approved park phasing plan, on a quarterly basis, until all fees have been collected. 36. The hardscape areas in the neighborhood park shall be installed in the first phase. The remainder of the park shall be completed in phases, as described in the approved park phasing plan, or all in one phase as described in the preceeding condition. 37. The developer is responsible for securing access rights for the bicycle path under the railroad. 38. The Islay Hill open space shall be dedicated to the city as part of the final map for phase 6. Prior to approval 4-2 j� 1 Resolution no (1990 Series) Tract 1750 Page 7 of the final map for phase 1, the developer shall pay to the city an amount adequate to install the proposed trail system, the amount to be determined by estimates for the work and as approved by the Parks and Recreation Director. This money is to be used solely for the maintenance and improvement of the Islay Hill open space. The Parks and Recreation Commission will periodically review how the hillside is being used, and make recommendations to the council on the disposition of the money. 39. Public access to the Islay Hill open space shall be provided directly from all streets adjacent to the open space area, except Orcutt Road, to the satisfaction of the City Engineer and Community Development. Director. 40. The open space beneath the existing power transmission lines shall .be a minimum of 100' wide. No structures shall be allowed within this 100' area. A note- shall be recorded for each of the lots adjacent to this open space area, informing lot owners of the proximity fo the power lines. 41. The Rodriguez Adobe park shall be dedicated to the city for public park purposes, in or prior to phase 4. The Rodriguez Adobe will be restored by the city. The developer shall contribute to its restoration by paying one-half the restoration cost, up to a maximum of $100,000. Water: 42 . The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water shortage. Such notification shall be made by recording a document simultaneously with the final map. Archeology: 43. Grading plans must note that if grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist. Disposition of artifacts shall comply with state and federal laws. Homeowners' Association: 44 . The subdivider shall establish covenants, conditions, and restrictions for the regulations of land use control of nuisances and architectural control of all buildings and facilities. These. CC&R's shall be approved by the Resolution no (1990 Series) Tract 1750 Page 8 Community Development Department and administered by the homeowners' association. The subdivider shall include the following provisions in the CC&R's for the tract: a. Maintenance of linear parks, railroad buffer areas, and all storm water detention basins shall be by the homeowners' association in conformance with the Edna-Islay Specific Plan. b. There shall be no change in city-regulated provisions of the CC&R's without prior approval of the Community Development Department. Affordable housing: 45. Resale controls applying to the 23 affordable housing units shall remain in perpetuity. All affordable units shall be required to be owner-occupied. 46. Development of homes on the small lots (phases 3 and 4) shall be limited to approximately the square footage proposed as part of the tentative map. Remodelling and additions to these homes in the future shall be in accordance with the limitations in the zoning regulations. Transit system equipment: 47 . The subdivider shall provide for street furniture and signs for transit systems, as well as bus turnouts if necessary, to the satisfaction of the Mass Transit Committee, as needed with each phase. Hillside lots: 48. Architectural review is required for all lots east of the creek. 49. The maximum streetyard allowed on the hillside lots is 201 . Streetyard exceptions will be encouraged where no safety concerns are involved. 50. No solid fences shall be allowed at the rear of any lots abutting the Islay hill or creek open space. Design standards for fencing shall be developed, to be approved by the Community Development Department and the Architectural Review Commission. r Resolution no (1990 Series) C- 1 Tract 1750 Page 9 Noise: 51. Noise walls on the single-family lots adjacent to the railroad buffer area shall be set back at least 10' from the property line, and the area between the wall and the street landscaped with drought-tolerant shrubs and groundcover by the developer, to the approval of the Community Development Department staff. 52. The final map shall be submitted to the Planning Commission for review and recommendation, prior to City Council approval. 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 1989. Mayor ATTEST: City Clerk Resolution No. (1990 Series) -� ARC 89-19 Page 10 APPROVED: City Adm' istrative Officer 21 Pit Attorney l Community Deveo went Director JL1:res\trl750.wp 6-2?' ORDINANCE NO. (1990 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE AN AREA ON TANK FARM ROAD, EAST OF THE RAILROAD TRACKS, AS R-1-SP-PD AND R-2-SP-PD, ALLOWING SOME EXCEPTIONS TO DENSITY AND YARDS (PD 1449-B) WHEREAS, the City Council has held a hearing to consider the planned development request PD 1449-B; and WHEREAS, the City Council makes the following findings; Findings: 1. The proposed planned development will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. 2. The planned development is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The planned development conforms to the general plan and specific plan for Edna Islay and meets zoning ordinance requirements. U 4. The proposed planned development is consistent with the Edna- Islay Specific Plan, for which an Environmental Impact Report was certified by the council in 1982. NO further environmental study is necessary. 5. The project provides facilities and amenities suited to particular occupancy groups: families with children, and moderate-income homebuyers. 6. The project provides a greater range of housing types and costs than would be possible with development of uniform dwellings throughout. the project site or neighborhood. 7. Features of the particular design, including common open space areas, narrower right-of-way widths, small lots, design of the Rodriguez Adobe Park, creek setbacks and bicycle paths, achieve the intent of conventional standards for privacy, usable open space, adequate parking, and compatibility with neighborhood character as well as or better than the standards do. 6-z 9 Ordinance No. (1990 Series) PD 1449-B Page 2 . BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Planned Development PD 1449-B is hereby approved, subject to the following conditions: Conditions• 1. Reduced streetyards are hereby granted, as shown on plans approved at the council's (date) meeting. 2. No sideyard exceptions are allowed for the lots in phases 3 and 4 (small lots) . 3. Smaller than normal lot sizes are hereby approved, but in no case shall a lot size be smaller than 4,000 square feet. 4. A density bonus, allowing 470 dwellings, including the 131 lots in Tract 1376, 134 small lots, 88 two-bedroom condominium units, 117 large single-family lots, and 20 two-and three- bedroom Housing Authority apartments is hereby granted. 5. The applicant shall submit a precise plan, consistent with the zoning regulations requirements for precise plans, to the Community Development Director for approval. Such precise plan may be incorporated in the improvement plans for Tract 1750. SECTION 2. This ordinance, together with the names of councilmembers voting for and against, shall be published once in full, at least (3) 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 thirty (30) days after its final passage. 6 �� Ordinance No. (1990 Series) PD 1449-B Page 3 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1990, on motion of , seconded by and on the following roll call vote: AYES: NOES:. ABSENT: Mayor ATTEST: City Clerk APPROVED:- inistrative Officer y A• o ney I CCommunity Deve` pment Director 6 �3l RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPROVAL OF THE TENTATIVE MAP FOR TRACT 1750, ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS (TRACT 1750) 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 subdivision request Tract 1750, the Planning Commission's recommendation, the Architectural Review Commission's action, the Cultural Heritage Committee's recommendation, staff recommendations and reports thereon, makes the following findings:. 1. The design of the tentative, map and the proposed improvements are not consistent with the general plan and specific plan for the Edna-islay area. 2. 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. 3. The Community Development Director has determined that the. proposed subdivision is not in compliance with the Edna-Islay Specific Plan and that further environmental study is needed. SECTION 2 . The tentative map for Tract 1750 is hereby denied. Resolution no (1990 Series) CTract 1750 Page 2 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 , 1989: Mayor ATTEST: City Clerk APPROVED: I<City Admi istrative Officer X 3t orney - CommuTfity Developine t Director jzl:res\tr1750no.wp �� THE ARBORS AT ISLAY HILL DEVELOPER'S STATEMENT The Pacifica Corporation is proposing to develop the remaining portion of the Islay Hill project. The development will be phased and will provide several housing types, parks and recreation areas, open space, and historical preservation areas. The proposal also volunteers a program of affordable housing in addition to providing a site for the Housing Authority as envisioned in the Edna Islay Specific Plan. In an effort to create a thoughtful and comprehensive project, the development is presented as a planned development and a vesting tentative map application. The proposed development,Tract 1750, follows existing Tract 1376 to complete the Islay half of the Edna-Islay specific plan area, and is carefully planned to provide the unique.blend of housing and amenities the specific plan envisioned. Housinst Tract 1750 is designed to coordinate with Tract 1376 to provide a.wide range of housing types within the Islay area. This range of housing includes a housing authority site, low maintenance clustered condominiums, and single family residences in three distinct market levels. These are. identified in the following text as small lot single-family residential, medium lot single-family residential and large lot single-family residential areas.. (� The condominium area will consist of 90 2-bedroom dwellings; these will be 1,200 square feet units and will be clustered in tri-plexes and four-plexes. The condominium units provide entry level housing and housing for those looking for minimum maintenance responsibilities. A swimming pool is provided as a private recreation area, and the site plan includes over 66% of the area as open, common areas. It is in this area where the Pacifica Corporation is volunteering an affordable housing program. Of the 90 dwellings, 25 percent will be offered for sale at low and moderate income price levels. The units will be identical to the remaining units and will be interspersed randomly within the site. The Housing Authority will administer the unit sales and related issues. The 90 dwelling "units" are sited on a 6.8 acre area. This is a density of 13 units per acre, and requires a density increase as allowed under the R2-PD zone. This density can be allowed based on the folloHing findings: 1. The density of the proposed condominium area makes it possible to provide an area of housing and amenities for particular occupancy groups. The two bedroom, low maintenance units will be attractive to fust time buyers, single parents, and students. 2. Within the Planned Development, the allowable density is transferred from the more sensitive hillside sites to the less sensitive areas in phases 1, 2, and 3. 1 G-3� 3. The density of the proposed condominium area will allow greater construction efficiency, and therefore, more affordable housing than would be possible with conventional development. 4. The features of this planned.area provide housing, parking, open space, and recreation facilities as well as those required by the zoning standards. Adjacent to the condominium site is the Housing Authority site envisioned by the Specific Plan. The 1.7 acre site is shown with a schematic layout of 20 dwellings in a format compatible with the condominium layout. The Housing Authority will design the units under its own project application, and the schematic plan is shown only to suggest a compatible site design Within the proposed R-1-PD zone, another housing type is provided with the 134 small lot single- family residences in phases 1 and 2. This area will provide housing in the 1,400 to 1,700 square foot range. The development will include construction of the homes, which will be smaller than the Tract 1376 units, but will share similar architecture in order to provide neighborhood continuity. As with the condominium area, this area has been increased in density by a small amount to allow the hillside areas to be less dense. A density exception is requested for this area based on similar findings to those expressed above. In keeping with the medium density shown for this area in the specific plan, are the smaller lot size and reduced setbacks. These are both requested as exceptions allowed under the planned C development application The minimum lot size for this area is 4,100 square feet, and the average is 5,500 square feet. With a net area of 17.8 acres, the density is 7.5 units per acre. In proportion with the lot size are the reduced setbacks proposed on some of the lots. The lot sizes, setbacks and house orientations have been carefully fitted to the topography of the site. Solar access, sideyard slopes, and the housing interrelationship have all been considered in the establishment of setbacks proposed. The requested setback exceptions are shown on the planned development drawings. Similar setback reductions were approved for Tract 1376. Tract 1376 is an existing development, but deserves mention because it is an integral part of the housing mix which makes up the overall Islay Hill development. This is the medium lot area and is a standard R-1 subdivision with 131 lots. Houses range in size from 1,400 to 2,100 square feet; and lots average about 7,000 square feet. The remaining housing type will be a 117 lot R-1-FD single family development on the lower slopes of Islay Hill These will be large, natural terrain hillside lou with an average size of 9,900 square feet. The density of this area is 4.7 units per acre. Specific housing units for this area are not proposed at this time. Because of the hillside nature of this area, reduced front yard setbacks are proposed to allow the houses to more closely conform to this natural terrain Whether the homes are built as production units or as custom. homes, the specific plan requires ARC approval of all house plans for this area. 2 A significant concept of the Planned Development is the arrangement of housing and densities. On an overall basis, the development is well below the Specific Plan limit of 498 "units". Within the development density is proposed to be min�ed on the more sensitive hillside areas. The proposed development has a total of only 472 dwelling"units" providing for a broad spectrum of housing needs. Gradin A preliminary grading plan has been prepared for the project The grading concept concentrates the areas of grading consistent with the specific plan and with the distribution of housing types. In Phase 4 and 5 on the lower slopes of Islay Hill, all lots will be left natural, with grading only for the streets. On the Phase 1, 2 and 3 areas, the lots and condominiums will be graded and padded. In the design of the grading plan, every effort has been made to minimize grading. The padded lots are stepped to follow the natural contours as closely as possible, balancing other concerns such as minimizing bank heights and meeting engineering standards. Approximately 15% of this area will be graded by less than 2 feet. In Phase 1 and 2 the existing slope is between 6 and 10%, and according to the Grading Ordinance, 25% of the area (or 20 acres) should remain natural. In Phase 4 and 5 the existing slope is between 16 and 20% and the Grading Ordinance calls for 60% of the area (or about 25 acres) to be left natural. Therefore, a total of 45 acres is to be left natural. In the approval of Tract 1376, those areas where grading was less than 2 feet were. determined to be "natural" satisfying the intent of the ordinance. By this criteria, 15 acres remain natural in the 11=2-PD area and all 45 acres within the R-1-PD area is natural. This proposal provides a total of 60 acres of area left "natural" when only 45 acres are required, and therefore meets the intent of the Grading �J Ordinance and the specific plan Parks and Recreation Areas Several park and recreation areas are incorporated into the development plan These include the. park site and creek areas called for in the specific plan, a one acre park designated as a site for the historical preservation of the Rodriguez Adobe, and private recreation areas in the condominium and housing authority sites. In addition, a 75 acre site is provided as permanent open space for Islay Hill. A revised conceptual park plan is included in the application. This plan is similar to the previous concept plan approved by the council in 1987 with proposed revisions based primarily on a more. detailed knowledge of the site area and topography. The area proposed for the park dedication includes the creek areas adjacent and downstream of the useable park area. Of the 13 acres offered for dedication, approximately 7 acres is the useable park, with the remainder being the creek area. The specific plan calls for a private recreation area to be provided in one of two sites. Private recreation sites are included as a pool area for the condominium site and potentially within the Housing Authority site. In additions, the site for the Rodriguez Adobe is offered for dedication as a City park in the approximate location of one of the areas designated by the specific plan. \ 3 J G-3d C- While this will be a public area, the adobe park site will combine with the pool areas to satisfy the intent of providing recreation in this area. A conceptual plan has been prepared for the adobe park, and is included in the project submittal It is anticipated that the City will restore the adobe and develop the site under a pending grant from the State. Water Conservation This project proposes several measures to conserve water. The park concepts have been designed to limit turf areas to those areas where turf is critical to the intended use. Public and common area landscaping should use drought tolerant landscaping in conformance with current City ordinances. The concept of irrigating the park and creek areas with on-site wells has been pursued, and several test wells were drilled. Unfortunately, none of the wells proved useable and therefore, the irrigation areas will use City water. The public area landscaping should use drip or similar low water use irrigation materials. Orcutt Road Plan Line A proposed plan line has been prepared for Orcutt Road. The route generally follows the existing route centerline. However, to accommodate a 55 mile per hour (mph) design speed flatter ( horizontal and vertical curves are required. In 1983, 23 feet were dedicated as additional right- of-way on the west (Islay) side of the original 40 foot right-of-way. The plan line indicates that an additional 30 feet on the Islay side is still needed along some portions of the road. Even with this, the plan line study indicates that. without jeopardizing a suitable alignment, the full improvements called for in the specific plan (including cut and fill banks) cannot be constructed without additional right-of-way on the east side of the road. Because this property is not owned by the Pacifica Corporation, the right-of-way may not be available. In that case, the City must be prepared either to waive or reduce the conditions, or acquire the right-of-way through the powers of eminent domain. Fire Department Mitigation In meetings with the City Fire Department, alternative fire service mitigation measures were discussed. Based on these meetings, the following mitigation efforts are proposed: 1. All dwellings will have fire sprinkler systems._ 2. A fee of $60,000 will be paid for a fast response vehicle. 3. A fee of$5,000 will be paid to provide fire truck control of local traffic signals. 4 Technical Studies ' i Several technical studies are included in the application in order to support the proposed development. These include a soils and geology report, a detention analysis, an Orcutt Road plan line and a noise analysis. Phasing A phasing plan is included in the application which designates phase areas. These areas are listed below with an approximate time schedule: PHASE DESCRIPTION DATE Current Adopt Tentative Map 1989 Adopt Planned Development Establish Orcutt Road Plan Line Approve Park Plans 1 61 R-1-PD Lots 1989-1990 Dedicate and Construct Neighborhood Park and Creek Improvements Fire Mitigation Fees 2 72 R-1-PD Lots 1990-1991 Dedicate Adobe Site Construct Detention Basin Construct Adjacent Creek Improvements 3 Condominium Site 1990-1991 90 Units Dedicate Housing Authority Construct Water Tank 4 59 R-1-PD Lots 1992-1993 Construct Linear Park Dedicate Open Space Dedicate and Construct Orcutt Road Construct Bike Lanes There are utility lines which need to occur out of phase to provide service during all phases. During Phase 1, a portion of the Phase 2 and Phase 3 sewer lines must be constructed, and during Phase 3, a portion of the Phase 4 water line must be installed in order to serve the water tank These lines will be constructed in recorded easements which may be abandoned during the subsequent phase. 5 �-38� The grading plan for the development balances the earthwork, considering the project as a whole. As a result, grading will also need to occur out of phase. Final grading plans for each phase will be prepared indicating the ares to be used for earthwork balancing. Generally, this will occur according to the following schedule: PHASE ADDPPIONAL EARTHWORK AREA Phase 2 or 3 Place fill Phase 3 or 4 If necessary Phase 4 Excavation.and water tank Phase 5 Cut and fill for all weather access road Conclusion This application provides an important opportunity to integrate all aspects of this project in a planned approach. Significant efforts have been made to create a quality and desireable project The proposal meets the intent of the specific plan and City ordinances, and will provide a needed addition to the Cities housing, park, and open space needs. 6 � -39 ` Page 10 Noise Impact Analysis Tract No. 1750 July 21, 1989 Lots Brri acri tion and Hei ht 149 15, 23, 24 None - Edge of road and/or slope to tracks provides required shielding 46, 479 559 56, 629 79 Wall at Edge of Lot - Top 6.5' above 80, 90, 110, 111 & 134 adjacent side or rear yard elevation 135 through 143 and 169 Berm Between EjA Court da ev 226 acrossfrom Lot 169 Railroad a drTop rise to Elev 246 across from Lot 135 220 and 246 through 251 Wall at Edge of yard Lot - Top 6' above adjacent elevation 256 Northerly P.L. Easterly end Wall at Top of Slope. - 6' above adj. yard Westerly end Wall at Top of Slope - 6.5' above adj. yard Westerly P.L. Wall at Top of Slope - 6.5' above adj. yard 257 Northerly P.L. W'ly end, lot abv road Wall at Top of Slope - 6' above adj. yard Mid, lot level w/ road Wall at Edge of Lot - 7' above adj. yard E'ly end, lot bel road Wall at Top of Slope - Higher of 4' above road or 6' above. adjacent yard Easterly P.L. Wall at Top of Slope - 4' above adj. yard from north P.L. to 100' south of north P.L. Table 3 Required Noise Control Barriers Indoor Noise: Normal residential construction with closed windows typically produces approximately 20 dB of outdoor-to-indoor noise reduction, therefore, only those areas with outdoor noise exposures higher than Ldp 65 would require special mitigation measures beyond closed windows and mechanical ventilation, in order to conform with the La+ 45 indoor noise limit. Thus, no special noise control construction measures would be necessary at the first floors of any of the units. The unshielded second floors of two story residences in some areas of the project will be subject to outdoor noise levels between Ldp 65 and 69. WALKER, CELANO & ASSOCIATES lD following standards will apply to all residential areas within the planning area. They are briefly outlined below and dealt with in greater detail in the Special Design Concerns section of this Specific Plan. Design..Standards = Interior and exterior noise must be reduced to acceptable levels as defined by the 1975 general plan Noise Element and the city's building code. - Visual screening of housing areas must be provided along the Southern Pacific Railroad. - Landscaped buffer areas will be installed where housing is next to agricultural or commercial areas or major circulation elements such as Tank Farm Road or the railroad underpass. - Housing development next to. waterways must resolve special design concerns, such as flood protection, grading, creek access and conservation of creekside vegetation. - Housing construction on the lower slopes of Islay Hill will require detailed evaluation of soils and geological conditions. - Potential archaeological sites will have special review. 4 RESIDENTIAL PLANNED DEVELOPMENTS Purpose and Application - The planned development procedure, as applied within the specific plan area, is intended to encourage imaginative development and provide for effective use of unusual sites by allowing more flexibility in the design of housing projects than normal standards allow. Such variations from zoning and subdivision standards should provide benefits to the project or community which could not be provided under conventional regulations. The "PD" overlay zone, as defined by the city's zoning regulations, may be applied to areas designated by this specific plan for low density or medium density housing. ;r Planned Development Procedures - The processing of a planned development application will be as specified by the city zoning regulations. To approve a planned development (including any density bonuses described below) the city council will find that the project fulfills the general purpose of this section and- meets one or more of the following criteria: - It provides facilities or amenities suited to a particular occupancy group (such as the elderly or families with children). - It transfers allowable development within a site from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard. It provides a greater range of housing types and costs than would be I possible with development of uniform dwellings throughout the project site or neighborhood. - 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 do. - It incorporates features which result in consumption of significantly less materials, energy or water than conventional development. Density Bonuses When approving a planned development, the city council may allow higher densities (more. housing units per acre) than typically permitted by the city's zoning regulations. The approval of density bonuses is not an automatic entitlement. The community benefit created by increasing densities and the ability of the project to meet the criteria listed above will be the basis for approving density bonuses. In Low and Medium Density Housing Areas - The City Council may approve adensity up percent more housing units per acre. . This provision may -apply to all low and medium density housing areas except the lower slopes of Islay Hill south of the seasonal waterway. In .this area the city will not approve density bonuses. 442. 17 �l 3 WA growth management The development sequence of the Edna-Islay neighborhood has been divided into nine phases. ; months. The growth of the neighborhood is that scheduled so that it cannot be "built-out" in less than 11 years (a maximum average annual growth of 94 units) . To assure development proceeds in an orderly fashion the following- standards shall apply: — Building permits for each phase shall be issued no sooner than provided in the following schedule: Phase Date before which building permits may not be issued: February 1982 (specific plan adopted) 1 April 1984 2 April 1983 3 _AELL 1985 4 June 1986 S September 1987 6 April 1989 7 April 1990 8 Apr11_1991 9 September 1992 - phasing must proceed sequentially as shown in figures 3-1 and 33; and - at least 50% of the improvements and residential units required in each phase must also be completed prior to creation of residential subdivision or development in a succeeding phase; and - all improvements in a phase which are required to assure the health and safety of residents must be completed prior to initiation of residential subdivision or development in the succeeding .phase; and - no phase must be initiated if more than 200 residential units (as permitted by maximum density provisions of this specific plan. excluding housing program bonuses) remain to be constructed in preceeding phases. - the city's toning map will be amended to .be consistent (see . 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Z:g W IZ U � mEm? m Q�-bmEcm � `°'2tl� OtO � ccmTo gmc�i8om8Eo V � o888W J UJ o aaz Y o � a cc Y b a I I � I � i � I ..•Y 1.� � � I I ' b 0. !! al I b R d Q ria � < � �$ � � �• e �. ... .... — W -- - - -- _ to Ii I� I ' kv 16 � \ �� '' \• \ ` t - '�1.1 Illy 1\ �\ � /, It ��JS�'�lot �}'�`(' 10 \a . a Ar Ap RC cc a ''o View pp(rldor IW L&F �. Iii((/�1//,Y�, �' TOY1Et•tN CM•t•N4 ONK•••P - _oar6tp•Y�•TN• � 1 IV _ � t ••a ••Nna.va•n t �__ ni turf area noise/visual buffer urge shrub sc eft.M a medium shrub S c low groundcover ,fit 2i � 1 large shrub scree \ turf area 6 •� to 7•".•^t N••tMt•b u•C -:med'nrn strut screen \ •al•tp•ycrna• _ —_-- .ao.•.o•oot � i iindigenous v,2ggtati n L ti ... •.rtno o.•o•t cercis occidentalis tyP. i r I ' large Stroh screen Ito oaooa:a ww rvmt. I 1 1 INNNIYCMA•.tplany --Sequa sertpervlrens tyP. • ,-^ -�platanus ram tYR aierais agrifolia WP- This is a summary of provisions governing uses allowed in the conservation/open (r l space WOO zone. Consult the City of San Luis Obispo Zoning Regulations for additional information. Date Revised: May 1984 V. CONSERVATION/OPEN SPACE (C/OS) ZONE 1. Allowed Uses: * Agriculture - grazing and outdoor crops * Caretaker's quarters * Construction activities * Dwellings (maximum density is one dwelling per 5 acres or per acreage as specified in the zone designation) * Mobile homes as temporary residence at building site 2. Uses Allowed by Director's Approval of an Administrative Use Permit: * Christmas tree sales * Circus, carnival, fair, festival * Mobile home as construction office * Parades, carnivals, fairs * Parks * Produce stand (incidental sales of items produced on the premises) * Temporary uses - not otherwise listed 3. Uses Allowed by Planning Commission Approval of a_Use Permit: * Agriculture - greenhouse culture, livestock feeding * Antennas (commercial broadcasting) * Cemeteries , mausoleums, columbar.iums * Mineral extraction { 1 53-84 NG —IAH T' AGpin O R R NI 1) E 5 1 G N G R 0 U P pinspond by Ind] ICAO April 26, 1990 Councilman Bill Roalman City of San Luis Obispo P.O. Box 990 San Luis Obispo, CA 93403-8100 Dear Mr. Roalman: I've been requested to forward the enclosed materials to you on behalf of La Lomita Ranch through Doug Murdock (my client), and on behalf of the Pacifica Corporation, the developers of the Islay Hill project. These documents outline the pertinent real estate transaction between Pacifica and La Lomita regarding the Islay Hill Open Space. If, after reviewing them, you still have questions regarding these transactions or the future of the open space dedication on Islay Hill, please call either Myself or Pete Miller (541- i 6601), an attorney involved in the documenting of the transactions between Pacifica and i Pacific Ventures, Pacific Ventures and La Lomita, etc.. If I might be permitted some observations regarding the open space dedication, they are as follows: 1. Pacifica's application should be dealt with separately and distinctly from the parcel map application of La Lomita. 2. The legal agreements are very clear that La Lomita has an obligation to work with Pacifica and the city to comply with the open space easement dedication requirements of the Edna/Islay Specific Plan. They also make it clear that Pacifica has no ability to make a dedication in fee. 3. The worst case scenario would be that the City would receive the open space easement in Phase 9 of the Edna/Islay project, consistent with the Edna/Islay Specific Plan. 4. If the La Lomita parcel map application is approved, the open space dedication will be done much sooner and could be completed within a period of 3-4 months. Therefore, with the approval of the La Lomita parcel map application to create the Islay Hill parcel, the open space dedication will only occur at a quicker pace than envisioned in the Edna/Islay Specific Plan. RECEIVED APP 2 6 1990 CITY CLERK SAN LUIS OBISPO,CA Mr. Bill Roalman Page 2 April 26, 1990 5. The issue of the so-called "double dipping" or "who is taking credit" for the open space is a non-issue. The open space easement dedication requirement is a condition of the Edna/Islay Specific Plan and it is a condition that must, can, and will be met by Pacifica as part.of its master tentative map approvals. Again, please call if you have any further.questions. Sincerely, RRM DESIGN GROUP . `J T. Keith Gurnee Senior Vice President Director Planning Di ' n cc: Doug Murdock Pete Miller Enclosures c/kg-roal.isl C- LAW OFFICES COPY MILLER & WALTER -PETER C.MILLER* A partnership Including Professional Corporations Cable Address _UAM S.WALTER* PROPLAW JEFFREY EHRUCII 679 MONTEREY STREET NORA OUINN SAN LUIS OBISPO.CALIFORNIA 93401 Telefax 'Professional Corporation TELEMIONE(005)541-6601 (1105)541.5766 April 20, 1990 Jeffrey G. Jorgensen, Esq., City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Re: Mutual Rights arid Obligations of The Pacifica Corporation as the Owner of The Arbors at Islay Hill and Northwinds as a Successor in Interest to Pacific Ventures With Regard to Islay Hill Dear Mr. Jorgensen: As I mentioned to you by phone this afternoon, I have been requested by Mr. Douglas Murdock, who represents the owners of La Lomita Ranch, to attempt to clear up, some apparent misunderstandings regarding the interests of various private parties in the future of Islay Hill. As you may be aware, The Pacifica Corporation ("Pacifica") now holds fee title to a portion of Islay Hill while the rest is within the boundaries of La Lomita Ranch. The owners of La Lomita ("La Lomita") have succeeded to the residual interests in Islay Hill which were retained by Pacific Ventures when it sold the Islay project to Pacifica-. I presently represent La Lomita. Of more import to this letter, I was deeply involved in the negotiation and documentation of the sale by Pacific Ventures (then my client) to Pacifica back in 1936. At the time of the transaction, the Edna/Islay Specific Plan was already in place. It was the intent of the parties involved .in the transaction that the transaction facilitate the implementation of the Specific Plan by-Pacifica and the others interested developers. The seller was to retain the ability to develop an equestrian center on [lie 9 acre site designated for this purpose by the Specific Plan. The seller was also to retain ultimate fee title to the top of Islay Hill, which would be made subject to an open space easement in favor of a the City of San Luis Obispo or other appropriate governmental agency. At the time that the transaction was documented, it was not yet clear exactly where the development portion, open space portion or equestrian center portion would be located. it was also not certain whether these areas would he created by recorded map prior to the time that escrow needed to be closed. The solution to this problem was to document the transaction so that it Could timely be concluded regardless of whether the designation of these respective areas of the project had been legally completed by the filing of an approp- . r �) Jeffrey G. Jorgensen, Esq. April 20, 1990 Page 2 priate map. If the map were filed prior to close of escrow, the seller would retain fee title to the equestrian center and open space areas, but would grant to Pacifica the right to place whatever facilities on the equestrian center and open space areas which were needed for its development of the rest of the property according to the Specific Plan. Alternatively, if the map had not been filed prior .to close of escrow, fee title was to pass to Pacifica for the entire development, equestrian center and open space areas. Pacifica.would be. obligated to convey back the fee title for the equestrian center and open space areas as soon as this became legally possible. . In the meantime, Pacifica was to have the ability to install those facilities on the equestrian center and open space areas which were required to implement the Specific Plan. Pacifica was to also have the ability to convey an appropriate open space easement as required to comply with the Specific Plan. As you can see, these alternatives were the two sides of the same coin. The ultimate result was to be the same regardless of whether the parcelizatign had been completed prior.to close of escrow. The goals of the preceding paragraph were to be carried out under Paragraph 2.4 of the Purchase and Sale Agreement. I am enclosing copies of that Paragraph. Also enclosed is a copy of the form of deed of trust used to secure performance of payment for the property and compliance with Paragraph 2.4. I hope they will aid you in your gaining an understanding of the present rights and obligations of the private parties who hold interests in the portion of Islay Hill which is subject to the Edna/Islay Specific Plan. I believe that it has always been contemplated by the parties .that the open space easement to be granted to the City would be perpetual in nature and would be of a type generally envisioned by Government Section 51050, et. seq. Pleas call me with any questions which you may have on this topic. Ve truly yours, 11-1- �R �� WALT' R Peter C. Miller Enclosures —,y cc: Douglas F. Murdock \N0283\ISLYCi-Y 1.i:i-R 1 C\` PURC(jASE AND SALE AGREEMENT WITH ESCROW INS'T'RUCTIONS ( ISLAY [TILL) THIS PURCIIASE AND SALE AGR�MENT WITH ESCROW INSTRUCTIONS ( "Agreement" ) dated the 'f l� /l day of. April , 198{, . ( "Effective Date" ) is entered into `by and among PACIFIC VENTURES, a California joint venture ( "Seller" ) , THE PACIFICA CORPORATION, a California, corporation Buyer" and and ESCROW SERVICES OF THE CENTRAL COAST ( "Escrow Bolder" ) with reference to the following facts and circumstances : A. Seller owns that ce.rt-ain real property compris- ing 202 acres , more or less, located in the City and County of Sari Luis Obispo, California more particularly described on Exhibit "A" attached hereto ( "Property" ) ; D . Subject to the terms .and conditions of this Agreement , Seller desires to sell. , and Buyer desires to pur- chase , 1.37 acres , more or less , of the. Property as .identified in Exhibit "II" ( "Development Parcel" ) for residential develop- merit G . Seller shall hold and/or convey interests in the approximately 65 acres of. the Property, of which an approximately 56 acre. portion ( the "Dedication Parcel " ) will be subjected to an open space easement- pursuant to Paragraph G A-RMR0071 04/04/86 i I r 2 . 4 . Seller anl: lcl LPs developing Lhe approximately acre liA.: - P g t i Y balance ( the "Fquestrlan CenL•er Parcel" ) o.f said approximately 65 acre portion of the Property into an egc.cestrian center . The parties anticipaLe that Lhe relative sizes and conf: igura- Lions of Lhe Development Parcel , Lhe Dedication Parcel and the Equestrian Center Parcel shall he approxi.maLely as shown on Exhibit "n" attached hereto and i.ncorporaLed . herein by Lhis reference . however , the Dedication Parcel and the Equeslion Center Parcel do not exist: as of the Effective Date of this r Agreement an(] their u.l.l:i.maLe loca.l: lon , sixes .and conf igura- Lions , and whether they .shall eventually consLitute separate parcels or a. . single parcel L•ogether shall. be , provided the same are generally cons.isl•ent wiLh Lhe. Specific . Plan, subject to the reasonable discretion of Seiler and approval of Buyer , such approval not Lo be unreasonably withheld . As used herein the "Seller ' s Parcel" shall refer Lo . Lhe Dedication Parcel and Lhe Equestrian Center Parcel. , col.lecL•.ivel.y . HOW TIII REFORI" , Moyer and Seller agree as follows : 1 . smx. AIJD Puw-,IlAsl P111c1°. l. . l Sale_-and Purchase . Seller agrees to sell. and convey to Huyer. , and Moyer agrees to purchase and acquire, from . Seller , the DevelopnlenL Parcel for the price and upon all Lhe terms and conditions set forth herein . 1. . 2 Pkirchase -Pr. ice . The Lota .l purchase price ( "Purchase Price" ) for Hie DevelopmenL Parcel is -2- i shall be deemed approy,ed . If Buyer shall fail to waive its prior disapproval , then such disapproval shall remain in effect , or should Buyer not approve the condition of title by the Review Date and this Agreement shall thereupon be ter- minated , and the parties shall be relieved of any further obligation to each other with. respect• to the. Property . Both parties agree to execute promptly those documents requested by Escrow Holder to evidence termination of this Agreement and to authorize Escrow holder to return Buyer ' s Deposit to Buyer r ( "Cancellation Documents" ) as contemplated by Paragraph 4 . 12 .. 2 . 3 00ptional ALTA Policy. At any time prior to the Close of. Escrow, Buyer , at• its option, shall have the right to require that the Title Policy be a ALTA extended coverage joint protection policy, provided that Buyer shall pay the cost of any survey required in connection therewith , and the incremental increase in premium cost thereof pursuant to Paragraph 2 . 1 . 2 . 4 Creation of Seller ' s Parcel ; Alternate Instruments . As promptly as possible after. the execution of this Agreement , Seller shall initiate with the City and County of San Luis Obispo, and the State of California as may be. necessary, and shall thereafter diligently process to comple- tion , a parcel map or other legal lot subdivision , ( t-he "Parcel Map" ) for the Property so as to create the "Seller ' s Parcel" as defined in Paragraph C above , provided that such -8- Parcel Map is ge'nera.Ily consistent with the Specific Plan identified in Paragraph 3 . 1 . Seller shall be responsible for all costs of initiating and processing the Parcel Map, includ- ing the engineering and surveying and the application , publi- cation. and recording fees attributable to creation of Seller ' s Parcel . Buyer shall be responsible for satisfying all requirements imposed, as conditions to the re.cording of the Parcel Map with the exception of those a.ttributable only to the use of Seller ' s Parcel by Seller . The Parcel Map, and any modifications thereto., and any conditions to be imposed thereon, shall be submitted by Seller for Buyer ' s approval , which may be reasonably, but shall not be unreasonably, with- held . Prior to the Review Da.te, or as soon thereafter as reasonably possible , Buyer and Seller shall mutually determine what rights on., ove.r , under . and across Seller ' s Parcel will need to be held by Buyer in order to develop the Development Parcel pursuant to the Specific Plan as it then exists and as Buyer contemplates altering it . Prior to close of escrow, Buyer and Seller shall establish the particular language and provisions which shall be used to protect the said interests of Buyer in Seller ' s Parcel , both for conveyance of those rights to Buyer in the event the Parcel Map is recorded prior to close of escrow or for - reservation of those rights by Buyer in the event. that Seller ' s Parcel must be conveyed to Seller -9- f C / after the close of escrow due to the recording of t•he Parcel Map being delayed until after the close of escrow. In any event , any dedication of any portion of. Seller ' s Parcel or any conveyance thereof to a third party at any time after the executionof this Agreement shall be subject and subordinate to the vesting of those rights in the then owner of the Development Parcel , which rights shall be considered appur- tenant thereto. If the Parcel Map has been recorded prior to the e. Closing Date , Escrow Holder shall attach the legal description of the Development Parcel plus a description of the easement rights of Buyer in 'Seller ' s Parcel to the Grant Deed which is in the form of Exhibit "E" and to tiie All-Inclusive Deed of Trust which is in the form of Exhibit• "D" . Escrow Holder shall then record ExhibiL "D" and Exhibit "E" at . close of Escrow. If the Parcel Map has not• been recorded prior to the Closing Date , escrow shall close on the entire Property sub- ject to the obligation of Buyer to convey "as is" Seller ' s Parcel to Seller , for no additional consideration, immediately following recordation of the Parcel Map . In such event , at close oE ' escrow, Escrow Holder shall attach the legal descrip- tion for the Property, and shall cause to be recorded, the Grant Deed which is in L-he form of Exhibit "E" a.nd the All- Inclusive Deed oC Trust which is in the form of Exhibit "D" . -10- 1 �,• Thereafter , upon recgrdation of the Parcel Map, Buyer shall / attach the legal description of Seller ' s Parcel to a grant deed in the form of Exhibit "E" , but subject to the rights to be reserved by Buyer , and cause it to be recorded . Buyer , while in record ownership, agrees not to undertake any action with respect to the Equestrian Center Parcel which materially and adversely affects its development potential as hereinafter permitted. Seller covenants and agrees that ( i ) the Equestrian Center Parcel shall never be used for any purpose, other than as an equestrian center , which requires a commer- cial. zoning, or conditional use permit in lieu thereof and ( ii ) any horse facilities constructed on the Equestrian Center Parcel shall be at least 200 feet, from the nearest common boundary of the Development Parcel . At any time after execution of this Agreement , and at such time as is required by the City of San Luis Obispo for implementation of the Specific Plan , Seller or Buyer , which- ever is then in title , shall convey to the City of San Luis Obispo, or to such agency as is acceptable to said City, an easement ( in a form acceptable to said City and/or the.- other grantee ) over the Dedication Parcel which restricts its development and commits it to open space . Any such conveyance shall be made subject and .subordinate to the rights of Buyer as discussed above in this Paragraph 2 . 4 . At closeof escrow, or at any time thereafter , and from time to time , and without -11- Cany compensation or charge , Seller shall also grant and convey to Buyer and its successors and assigns , together 'with the right to grant and transfer all or a portion of t-he same , non- exclusive easements on , over , under or across t-he Dedication Parcel and/or the Equestrian Center Parcel ( in a manner that does not materially and adversely affect the development potential only of the equestrian area ) for the :installation, operation or maintenance of any Eacilities or , improvements required to be installed by Buyer under the Specific Plan as a r condition to, or otherwise reasonably necessary for , or incidental to, the development of the Development Parcel . Such easements shall run with the land and be binding upon the Dedication Parcel and the Equestrian Center Parcel , as the . case may be , for the benefit of Buyer so long as Buyer , .or its successors and assigns , continues to hold any interest in the. Development Parcel . Without limiting the foregoing, Seller shall not convey any right , title or interest in the Dedication Parcel or the Equestrian Center Parcel without Buyer ' s prior written consent- , which shall not be unreasonably withheld provided that ( i } Buyer is provided reasonable assurances that any future easements that may be required by Buyer in connection with its development of the Development Parcel will be reserved , and ( ii ) the intended disposition of such parcels are in accordance with Che Specific Plan. -12- At close -.oE Escrow, iC- t•lie Parcel Map has theretofore been recorded , or if t•he Parcel Map is recorded / subsequent to the close of Escrow, then upon the conveyance of Seller ' s Parcel from Buyer to Seller , Buyer and Seller shall place appropriate restrictions of record against the Dedication Parcel and the Equestrian. Center Parcel to refer to all of the provisions and restrictions contained in this Paragraph 2 . 4 . 3 . INSPECTION AND REVIEW. 3 . 1 Review. Seller has previously delivered to Buyer certain information concerning the Property, includ- ing the Edna-Islay Specific Plan ( ".Specific Plan" ) adopted by the City on February 0 , 1902 under Resolution No. 4733 . Buyer has previously commenced, and upon execution hereof , shall diligently continue at its own cost and expense, in good faith and with due diligence , its investigation of t•he Development Parcel , and suitability for .Buyer ' s purposes. Such investiga- tion will include , without- limitation , a study of the market economic feasibility of Buye.r ' s development- of the Development Parcel , and other matters affecting development of the Development Parcel including , but not limited to, engineering requirements , soil and geological conditions , lot size and location , sewer and utility connections , improvement costs , governmental requirements ror dedications , documentation and Eees , current and EUtUre assessment districts for provision of -r /. 412 OnDING nEOUi, 1py. , SERVICES OF 14AL COAST uera Street s Obispo, CA 93401 10 vn.E u nECOnoEo Sean to FPETL•R C. MILLER, ESQ. tor" MILLER 6 WALTISIR Se," 412 Street Stree S. ... eava San Luis Obispo, CA 93401 s,w. L J SPACE ABOVE TI[IS LINE Fon nECOROEn'S USE c.l rro m.ramal LONG FOnM ALL-INCLUSIVE y UnCIIASE MONEY DEED OF?nUST AND ASSIGNMENT OF nENTS +o nn•c•rvuI I his All-InchiSive Ptimhnsc Monc)• Uml of'I 1isl, illi+dc alis T-day of, , 19 06 bclWecn TIB—PACIFICA CORPORATION, a California corQorat-ion a o a herein c:111Cd TRUSTOR.Whose uddtcss ir200 NO_41�sllake 61�T1. id�stlake Village', California _9132 la,.ndtreml,ten) Icily) Cable) flip) I'ICOR '1'1'1'1,1: INtiURANCI?,C(,)MI'ANN' OF CALIFORNIA, n cur)iiration, hercin called TaUSTr;E; and PACIFIC VCNTURE'S, a 3oinL ventw e herein Caned nErfEnCIART, NYInc55C(h: That letwor ,Rnr:VOccAIt1 V GRANTS,TRANSFERS AND ASSIGNS TO TRUSTE[• IN TRUST, WIT11 (OWER OF SALE. San Ts. ,h:d pe,+gacay inLuis ObisEo _llttl ell y,.Califnrnia descrilyed.ns: Vio itEe wan Ilse:rears• issues anti prunla Ihtaaf,lt11n1Y.el',.liowev Ra, it,file til:lll, power and authority Ietrtinarite given to and crmfened upna fice,cncietry to culled and apply mch ants•issue,lead proem. For life Purpose of Securing: \, 1, rtdammame of cath aroccieers,mf Temno battles evlaminefl. 7. raymtnl ler d.e in.ldaedwe.a f.1.u(�e'`h�I,�'f�dl•iaelasia purchase money ,sivar q rose!or e...date herewith,unit any esttmlan mrarwal thereof.in the principalmom of S 7 a`/`r`r/'V"" eenmW by Trv.ow in -- i..r•r.1 nine rre'.ry.,r mdo. - Underlying Obligations: Tb.,i ell.fwr 1..l.t irso ! ey deed or Ina,see d-C!m Off iacluslvt.p alchine IMlney p,aml,mry.tae in IM original principal al+tevm.or FIVE' M1LL10N ISesULLAIiS 5 ,000,000 Ihd1a..IS I llhe'Nme'1 which In<Iln@a within such m+f+1m1 the onpnhl Iwl. ollht Ipllmvinr: Ile) Ap.nmi..myneat in he original prirrcignl sans esf,rWO Milljoil lour llli'IClred Fa.i-ty-rl�lree Thousand Five Hundred Oranan as 2all 53,500.00 ) infavneof John P. Deyincenzo and Roberta DeVincenzo .,Payte. .tcv"d by a u,d air its,,see....test UO,Ober 3 r_, 19 06 .a,Daumtm No, 52002 ,in nooE2640 par, _5920R,;,,nrrw.d,nq San Luis Obispo courtly.Califnmb,amf Chi A pronri.wry nun in the original principal sum of Dolfan Is_ a Payee. •,va.,j by rdre.,of uo.s ncmJrd .--__.....-__._..17 as I1,tuoient Nn._— ,in Ilona ,rare Onlrial 11",od.of Coenly,Culifun.ia, IThs pnmd.,nry Ns.n,,.cu.<d by mal.deed.of Iaat ore hneinahtr<ulltJ lk"omltdying Nmn".1 I'll Prolect file Serurily of This occd of Tritsl,'malar Agrees: t t 1 In l rrr.uiJ p.gtny in gn.d aominn•n n...l,elm .ma uo nnus.<m df nod;Jt v.,y Imilding d.erean:to enmplat nr assns(pmmNly and in goal mJ' ..nAnunGlf nwnmc,vis,I...;hlimg which nary 1•<crin,unrltd,damugid nr Je,+rnyfJ tlt<+urn and to pay when due ail ebdm,far foliar pr Stormed and material, Wn.i.heJ shrre tor:is,a.....rty-ills nil I.w,ss"wimg said ptul•coy to nnpl;ring any dbtarioas or Improvement.to he made shanties:nor to transmit or permit .,.It d,<nnl; on IS,canm.it.,ulin'nt IVnuit rely art equal said pralittle in violulinn o(.I.w:ler telllvutt,irrigate,fc,tilict,fumigate•print and do all other act,.vhich(tont list chvacnr Its use of,uid pngtrty may It rta,anubly ntdt,any,the.pcciRe tnume miom herein nm asduding the renNal. la 'hr foo—;Jt.ns:dm4in veld Jdiver Ile Ilene fivinry nR,vu llithsol red mutiriau,mi.chicl Insurance sulisfoaory to and with ins.payublt to Dent ficiary. The annum c,,frc«J antic,any foe ler miter insunncc policy"say Ire applied by Ilcnrf,Anry upon any indeMedirm secured htr:by and in,ah order as Ilenenrl,•y tory Jrst mint,r.v1 npdam a(Iltn<ficimy the twist,vn.nem.a co(Itcnd ler:o.y Fort Iheuaf may It nleawd to Lu,tor. Soh appi:ra;nn w"lease'I..II nm tart ler tvrive any defselt are noire of default hereunder or invalidate any act donc,punuant to such notice.The psa•nitm•h,,mr ars object is,the mmual agnnneme of drc panics a.Lelow xl rows, 111 To aP,Xio in veld Jtptd any tai r.err prRctdiwg pequmling,a unct'l lite«curdy hereof or the rights orp.owtn of ilentbiiary at Truute:and to pay .R cost,and f,ptna s,including era of tvidcn<e of tide and attorney.fees In•rtit,onablt mm.In any such nation nr pro<bling in which neneGciary or Truan alar appy n,and In any.ell bunyshl by Iltnellciury In I..ndn.e till,MO. ,• �s NI tis pay:at lc.,s«n day.)+date dtlinqucacy all nut%and a6b,ounl,affcclinr suid property.Including assessments on appuntnanl water stat: ul.p Ct n•drc.....NA uVice..<nh ler Ihc panic,r,Isle..ct I..Sit.to tiny when due,dl'incen.loaners.closes and litm,with inlarcsl,on said prgrcny m any par.h,,f ml,s.loeh.rpt n....It p.i...or sult,i...IS......:.11 tsar..rte,and f sltmr.of Chi.Tr..1. ' .l'6....14 Lis...(..;I o.mole arty pupae.,ler ler do tiny u<s m hard.pnwidt A,liters Ilan Cdury ler T...ice.bat vilhom a:Jienion.o to Jo and wish", -vice h•o1 dcmm.,d aro..Tants,end whln.Sit nitnainy liva...hnna tiny aldigmion henaf,o..y;o.v1e a.dr Ihc•.elf in rod.o...est..J..wch Stant at fish,,ata,df un necn.nry m r.mnv she.,v...iq l,,<of,Reneneivey wr Tiomcc Igor nods...;red h.note,alma said pr.rytny err such purpm,t,;appear in and r:VUIRIT n , i 3.2 Attocne�Feess. Should it be necessary for any party to commence an action at lav or in equity against the other to enforce the terms of any provision of this Rider, the prevailing party shall have a right to judgment against .the losing party for reasonable attorney's fees and costs as determined by the court. 3.3 Cooperation. Beneficiary agrees to take all steps necessary Co instruct the Trustee, from time to time, promptly upon written request of Truster, to partially reconvey; without consideration or compensation, any and all areas of the Property, wherever located, either (1) to be conveyed to any homeowner's association or the like and/or (2) C to be dedicated to the public, (x) either pursuant to conditions required by any governmental agency whether in connection with the approval of any final subdivision or parcel maps(s) or otherwise or (Y) in connection with the development of the Property. 3.4 Joinder. Beneficiary shall, and hereby agrees to, without consideration or compensation, from time to time, promptly upon the written request of Trustor, and hereby authorizes Trustee to; enter into and join in the execution of me (i) any development plan or amendment thereto affecting the Property; (2) any dedication of portions of the Property for public streets or ways; (3) any grant of easements) over, in, or about any Portion of the Property for public utilities or the like; and (4) any grant(s) of easements, dedications, covenants or rights similar or dissimilar to the foregoing that are reasonably necessary to the development of the Property or any portion thereof. 3.5 Prom t_Im lementation. In recognition of the fact that releases an pa rtral releases of the Property will be requested from time to time, Beneficiary agrees that -4- 2874 rwc-�312 L IMEETING AGENDA RATE -517-17-90 ITEM,# THE PACIFICA CORPORATION RECEIVEDficlan 571167111 Person . ........... P ;A A0 ADMINISTRAI ION AN 25, 1990 Lt:'Ttyq. SAN I�Uj p131SI!0, PA '�Z 0!erk -orig, i Mr. John Dunn FY 70 City Administrative OfficerFIL45 City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear John: To follow up on our conversation of this morning. It is our understanding from Arnold Jonas the Tract 1750, vesting tentative map request will be included on the agenda for City Council review on May 1st in order to comply with a city ordinance. Pacifica respectfully requests the item be continued without a public hearing for at least 30 days due to the following reasons: 1. The conditions, adopted by the planning commission, have yet to be clarified and resolved to the satisfaction of commission members, planning staff and Pacifica. . 2. Additional conditions and comments proposed by the Architectural Review Commi-ssion necessitated another meeting with the commission scheduled for May 14th. With regards to your comment regarding a proposed study session for the City council, Pacifica would be pleased to assist in the implementation of same. Please advise me of the desire of the council . Thank you. -Sincerely, wV Lo /,TL/o a 11 R Lorenzen APR 26 19 Regional Director CIFY CCHPICIL SAN LUIS CEISP0. CA :an 867 Pacific Street-- San Luis Obispo, California 93401 (805)544-9339 FAX(805)544-8345