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HomeMy WebLinkAbout1029ORDINANCE NO.1029(1984 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REZONING PROPERTY AT 1250 ORCUTT ROAD FROM R -1 TO R -3-PD (PD 1184) BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council makes the following findings: 1. The Planning Commission and City Council have held public hearings on the rezoning in accordance with Section 65800 et. seq, of the Government Code, and the Planning Commission has recommended approval. 2. In accordance with State and City environmental review guidelines, an initial study (ER 54 -84) has been prepared and a negative declaration of environmental impact was approved by the Director September 261' 1984. 3. The rezoning and preliminary development plan are consistent with the general plan. 4. The proposed zoning promotes the public health, safety, and general welfare. 5. The planned development satisfies this criterion of Zoning Regulations Section 17.62.040: a. It provides facilities for housing the elderly which would not be feasible under conventional zoning. SECTION 2. The area shown on the attached Exhibit A is rezoned from R -1 (Low - density residential) to R -3 -PD (Medium -high density residential). SECTION 3. The preliminary development plan is approved subject to the following conditions: rr%nA i h i nn c 1. Occupancy shall be limited to persons 62 years of age or older, and their spouses, when living with such a person, and a resident staff of not more than 4 persons. 2. Occupancy shall not exceed 150 persons. 0 1029 Ordinance No. 1029 (1984 E '.es) Page 2 3. Development shall be in accordance with approved preliminary plan and all mitigation measures required under negative declaration ER 54 -84. Applicant shall provide on -site drainage facilities to the approval of the Community Development Director. Drainage facilities shall conduct run -off from developed areas to a suitable point of disposal, to the approval of the City Engineer and shall correct existing drainage deficiencies which cause excessive erosion, ponding, or flooding. 4. Applicant shall install curb, gutter, and sidewalk at the southwesterly end of Briarwood Drive, to the approval of the City Engineer. 5. Applicant shall install signage and barriers at Orcutt Road driveway, limiting access to emergency vehicles only, to the approval of the City Fire Marshal. 6. A perpetual open space easement shall be granted.to the city for the area noted on the site plan as "Open Space Easement," subject to the approval of the Community Development Director and City Attorney. The open space easement will be to maintain the area in a natural open space character consistent with the city approved landscape treatment to be provided by the applicant. The easement shall run with the land and provide the following limitation on use or alterations of the area: A. No structures will be placed or erected upon said premises. If desired, see- through fencing appropriate to open space preservation shall be approved by the Architectural Review Commission. B. No advertising of any kind or nature shall be located on or within said premises. C. Owners shall not plant nor permit to be planted any vegetation upon said premises after project improvements are installed except as may be associated with erosion control, fire protection, and soil stabilization or as allowed and approved by the Comununity Development Director. D. The general topography of the area shall be preserved in its natural condition after grading approved for project is completed. No grading shall be allowed after project improvements are completed and accepted. E. No extraction of natural resources. F. No removal of natural vegetation except for fire protection or elimination of deceased growth as approved by the city. 7. Applicant shall submit detailed soils engineering and engineering geology report analyzing existing conditions on the site and proposed grading operations. Said report shall be to the approval of the City Engineer and shall be submitted prior to precise development plan approval. 8. Grading of site shall be subject to approval of Community Development Director, who may impose special conditions regarding safety barriers, continuous inspection, revegetation and maintenance, and erosion control as conditions of precise development plan approval. Ordinance No. 1029 (1984 es) Page 3 SECTION 4. The Community Development Director's approval of the negative declaration of environmental impact is affirmed. SECTION 5. A summary of this ordinance, approved by the city attorney, together with the names of councilmembers voting for and against, shall be published once, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in this city, and this ordinance shall go into effect at the expiration of thirty days after its final passage. INTRODUCED by the Council of the City of San Luis Obispo at its meeting held on the 4th day of - -December; -1984 - , on motion of Councilman Settle seconded by - Councilman Dunn - - -, and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, and Mayor Billig NOES: None ABSENT: Councilman Griffin the following ordinance was passed and adopted this -4th day of -- December - -- 1984. ATTEST: City Clerk Pame V e g V WIn I�JUhi- �OG�� syhopsls Ordinance No. 1029 (1984 S _es) Page 4 APPROVED: City Administrati e Offi r Citj Community Deve -S: - -_ ... _..._ Director ORDINANCE N0. 1029 (1984 Series) FINALLY PASSED this 18th day of December 1984, on motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig, L _'-4g NOES: None ABSENT: None