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Home My WebLink About0756E ORDINANCE NO. 756 (1978 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP (TO REZONE PROPERTY AT 2800 JOHNSON AVENUE). BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That the following described portion of the City of San Luis Obispo as shown on the Official Zone Map of the City of San Luis Obispo be reclassified as follws: Said property is also shown on the map attached hereto marked Exhibit "A ":;and incorporated herein by reference. From District R -1 (Residential Low Density) to R -1 -PD (Residential Low Density, Planned Development) real property described as: That portion of the South Half of Section 36, in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat of the survey of said Lands approved by the Surveyor General on November 30, 1867 and that portion of Lot 6 in Block A of Tract No. 212, according to Map recorded January 18, 1963 in Book 6, at Page 90 of Maps, all in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as a whole as follows: Commencing at Corner No. 16 of the Goldtree Vineyard Tract, according to Map recorded September 30, 1893,in Book 1, at Page 14 of Record of Surveys; thence South 60 30' East, 884.35 feet; thence North 72 °00' West, 136.88 feet; thence South 30 °08' West, 37.34 feet to a point on the North - westerly line of the property conveyed to Albion Johnson, et ux., by deed recorded in Book 300, at Page 283 of Offi- cial Records; thenceNorth 72 000' West to a point which is 6 feet Northwesterly from and-measured at right angles to the Northwesterly line of said Johnson property, said point being the True Point of Beginning; thence continuing North 72000! West to a point which is 25 feet Northwesterly from and measured at right angles to the Northwesterly line of said Johnson property; thence North 30 008' East, 77.34 feet to the Southerly line of Lot 6 in Block A of said Tract No. 212; thence South 72 000' East along said Southerly line of 19 feet; thence North 6 030' East, 102 feet more or less to the Northwesterly line of said Lot 6; thence North 43 046' East along said Northwesterly line to 0 756 Ordinance No. 756 (1978 Series) the most Northerly corner thereof; thence South 76 °39' West along the Southeasterly line of the property con- veyed to John Weldon Rohner, et ux., by deed recorded May 3, 1966 in Book 1395, at Page 46 of Official Records, 18.89 feet to the Southerly corner thereof; thence North 43 049' West along the Southwesterly line of the property so conveyed 97.28.feet to a point in the line of the pro- perty conveyed to Johnson Highlands, Inc., a California corporation, by deed recorded October 4, 1965 in Book 1369, at Page 267 of Official Records; thence following the lines of the property so conveyed, South 46 011' West, 20 feet and North 43 049' West, 210.08 feet to the South- easterly line of said Goldtree Vineyard Tract; thence South 26 °30' West along said Southeasterly line to a point which bears North 26 °30' East 14.72 feet from the Northeasterly line of County Road No. 257 as conveyed to the County of San Luis Obispo by deed recorded in Book 130, at Page 137 of Official Records; thence along a curve concave to the Northeast having a chord which bears South 50 °48'25" East for a length of 146.01 feet from said point, said curve passing through an angle of 10 °59'44" with a radius of 762 feet for a length of 146.46 feet; thence continuing Southeasterly along a curve concave to the Northeast with a radius of 762 feet and whose radial line is identical with that of said last curve, to a point which bears South 30 °08' West from the true point of beginning; thence North 30 008' East to the true point of beginning. General location: 2800 Johnson Avenue Approval of said rezoning is subject to the following conditions: Conditions: (1) The project shall receive preliminary approval by the Architectural Review Commission. (2) The applicant shall be given a period of six months to file a tenta- tive tract map and 18 months to file precise development plan for city approval. Preliminary development plan approval shall become null and void after 18 months if precise development plan is not filed and approved. (3) The project shall be 'built -out' in a single phase. Construction shall commence with 12 months from the date of approval of final tract map and shall be pursued in a timely fashion. (4) The applicant shall submit draft declaration of covenants, conditions, and restrictions (CC &R's) and documents related to the creation of a homeowner's association at the time of filing tentative tract map, for review and approval by the Community Development Director and City Attorney. The CC &R's shall contain the following provisions: Ordinance No. 756 (1978 Series) (a) a homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including landscaping, building exteriors, private driveways, lighting, walls, fences, etc., in first -class condition; (b) a right of the City of San Luis Obispo to compel performance if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred; (c) no parking in private driveways except in approved desig- nated spaces; (d) a grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis, which are parked in unautho- rized places; (e) no outside storage of boats, campers, motorhomes, trailers or inoperable vehicles; (f) ownership and occupancy restrictions limiting all units to owner - occupied; (5) The private streets shall be improved to standards approved by the city engineer. (6) All utilities shall be underground. (7) Each unit shall have individually metered water service. Meters shall be located adjacent to private streets. (8) Water and sewer service to each unit may be provided by extension of public mains on private property. Mains shall be constructed to city standards and easements granted to the city subject to the approval of the city engineer. (9) The applicant shall prepare and submit for review and approval a hydrology study for the entire waterhsed area affecting this site. All proposed drainage structures and existing creek channels shall be improved to con- vey runoff for 100 -year design storm to an adequate point of disposal. (10) All grading work shall be in conformance with a soils engineering and foundation report and the grading ordinance.. (11) Applicant shall install a solid-6-foot high fence at all property lines except at street frontage. (12) Development shall be in accordance with the submitted preliminary plans, as revised, and subject to further revisions to comply with city policies and ordinances. SECTION 2_ This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage, Ordinance No. 756 (1978 Series) INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 7th day of June, 1978, on motion of Mayor Schwartz seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, and: -Mayo r=Schwar_tzi- NOES: Councilmen Dunin and Sett ABSENT: None ATTEST: y � 'eff J.H. Fitzpatrick APPROVED AS TO.FORM: Wendt, Mitchell, Sinshei r, De la Motte and Lilley, i y Attorney By: Allen rimes, CitY Attorney APPROVED AS TO CONTENT: F-06W ORDINANCE NO. 756 Final passage of Ordinance No. 756 denied this 20th day of June, 1978, on motion of Councilman Jorgensen, seconded by Councilman Petterson, on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None Pitzpatrick, City Clerk ► his"