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HomeMy WebLinkAbout0765ORDINANCE NO. 76.5 (1978 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP (TO PREZONE PROPERTY KNOWN AS THE FOOTHILL ANNEXATION) WHEREAS, the owner of property located at the northeast portion of the city has requested annexation of about 26.7 acres known as the Foothill Annex- ation; and WHEREAS, to comply with city annexation policy the applicant and other property owners in the subject area are requesting prezoning of the 25 acres to be considered for annexation; and WHEREAS, the Planning Commission has considered the prezoning request, has made a finding that it is consistent with the city's general plan and has recommended approval; and WHEREAS, the City Council finds that the request for prezoning is appro- priate for the area and is consistent with the city's general plan. NOW, THEREFORE, be it ordained by the City Council of the City of San Luis Obispo as follows: SECTION 1. That the following described property proposed for annexation to the City of San Luis Obispo be shown on the official zone map of the City of San Luis Obispo as an amendment thereto reclassified as follows: Said property is also shown'on the map attached hereto marked Exhibit "A" and in- corporated herein by reference. From county A -1 -5 zone to city R -1 & R- 1 .Planned Development, AC -10 Agricultural Conservation, and P -F Public Facilities zones real property described as follows: A parcel of land being a portion of the Southeast 1/4 of the Southeast 1/4 of Section 21 and the Northeast 1/4 of. the Northeast.1/4 of Section 28, T. 30 S., R. 12 E., M.D.M., San Luis Obispo County, California described as follows: Beginning at a point on the present City Limit boundary said point being 25.00 feet north of the Section Line between said Sections 21 & 28 and said point also being 440.00 feet west of the East line of said Section 21; thence Northerly along said City Limit boundary being parallel to and 0 765 Ordinance No. 765 Prezone Property - Foothill Annexation Page 2 440.00 feet from_the East line of said Section 21, North 1310 feet more or less to an angle point in said present City Limit boundary, said point bears North 890 46' East, 194 feet more or less from point J =22 as shown on Parcel Map CO -74 -50 as recorded in Book 17, Page 7 of Parcel Maps; thence South 89 46" West, 194 feet more or less along said present City Limit boundary to said point J -22; thence continuing along said present City Limit boundary. South 89° 46' West, 703.51 feet to an angle point in said present City Limit' boundary, said angle point being the fence corner designated as the North- west corner of Parcel A as shown in Book 17, Page 7 of Parcel Maps; thence leaving said present City Limits boundary and running along the Westerly boundary of said Parcel A through the following courses: 1) South 0° 34' 18" East, 1025.78 feet 2) North 89° 50' East, 377.53 feet 3) South 49° 00' East, 75.00 feet 4) thence on a curve to the right, tangent to the last described course, having a radius of.175.00 feet through a central angle of 90.° 00' for a distance of 274.89 feet. 5) South 41° 00' West, 23.59 feet 6) thence on a curve to the left, tangent to the last described course,-having a:radius of 300.00 feet through a central angle of 88° 18' for a distance of 462.34 feet; Thence continuing along said westerly boundary and its prolongation across Foothill Boulevard South 470 18' East, 71.52 feet to -a point on the present City Limit boundary; thence following the present City Limit boundary through the following courses: 1) North 420 42' East., 285.05 feet 2) North 50 j ,, Yest,__2_65.03 feet - -k 3) North 890 50' East, 192.16 feet 4) North 370 15' East, 31.48 feet to the true point of beginning and containing 26.7 acres more or less. The above described property is classified as R -1 Residential, R -1 Planned Development, P.F. Public Facility and AC -10 Agricultural Conservation zones as depicted on Exhibit 'A' attached hereto. Ordinance No. 765 Prezone Property - Foothill Annexation Page 3 General Location Located at the northeast city limits on Foothill Boulevard as shown on Exhibit 'A' . Approval of R -1 Planned Development is subject to applicant's development plan plus the following conditions: STREETS JI 1. Ridgeview Drive to Cerro Romauldo and Cerro Romauldo stub street shall be constructed ,to residential standard (56 -foot right -of -way) and dedicated to the city. Sidewalk exception on open space side of the street will be recommended. 2. Ridgeview Drive shall be realigned to intersect Foothill Blvd. as a radial line from the horizontal curve of Foothill. This appears to require purchase of property from adjacent lot to the west. 3. Ridgeview Court shall be constructed to city hillside standard street (50 -foot right -of -way) and dedicated to the city. 4. Street right -of -way from Ridgeview Court cul -de -sac to adjacent property shall be offered for dedication. The right -of -way shall be 50 -foot wide. The exact alignment shall be established at the time the tentative tract map is approved. 5. Full improvements of Foothill- Blvd. from the--entrance street (Ridgeview Drive) to the westerly limits of this tract shall be required, including dedication of necessary rights -of- way,curb gutter, pavement, drainage facilities and grading for future sidewalk as required to carry storm waters to an adequate point of disposal (including existing parcel dividing the frontage). Sidewalks shall be waived until called for by the city at which time they shall be provided by adjacent property owners. 6. Cul -de -sac on Ridgeview Drive (private street) shall be city hillside standard radius (30 -foot curb radius). 7. Cerro Romauldo from the tract boundary to the end of improved portion of . Cerro Romauldo just west of Rosita shall be dedicated to the city (56 -foot right -of -way). This portion of right -of -way shall be improved.with a dust - free all- weather surface 20 -foot wide. UTILITIES 8. An 8 -inch water line shall be extended from Ridgeview Drive.to Highland Drive. 9. Sewer and water lines (8 -inch) shall be extended in Cerro Roma-uldo from the tract boundary to Patricia Drive. 10. An 8 -inch water line shall be extended from Ridgeview. Court to Foothill Blvd. Ordinance No. 765 Prezone Property - Foothill Annexation Page 4 11. Sewer line (8 -inch) in Ridgeview Court shall be extended to city lift station across Foothill Blvd. 12. Utilities not in public streets shall be in public easements as prescribed by Public Services Department and served by all - weather dust -free driveways. 13. Other utilities shall be sized and installed as determined by the city ,utilities engineer and Fire Department. DRAINAGE 14. All private streets shall be designed for drainage. 15. Major drainage courses shall be designated as easements to the city for drainage and flood control. 16. All drainage structures shall be designed to 100 -year frequency storm standard. 17. Downstream facilities will be subject to enlargement from the easterly annexation line of the project for the creek that flows easterly to Patricia Dr. and from the downstream end of the culvert on Foothill Bl. next to the project. 18. No drainage shall be diverted from one drainage basin to" another. -- 19. No modification to existing natural drainage courses. 20. A hydrology study shall be submitted with the tentative tract map. SOILS AND GEOLOGY 21. A soils and geology report shall be required. Grading plan shall be reviewed by a soils engineer or geologist. A note shall be placed on final subdivision map requiring grading of individual lots be reviewed by a soils engineer or. geologist. 22. Lots shall not be padded. Grading shall be limited to driveways and foundation grading with minor grading for decks and patios to be approved by the community development director. MISCELLANEOUS. 23. Fire hydrants per city Fire Department. 24. Street trees on all street frontages per city standards. 25. Street lighting on public streets per city /utility company standards. Street lighting shall be provided on private streets. 19 Ordinance No. 765 Prezone Property - Foothill Annexation Page 5 PLANNING DIVISION RECOMMENDATIONS 26. The open space area shall be shown as lot 21 and be owned in common by the homeowners association or those members of the homeowners association with adjacent lots. 27. A perpetual open space easement shall be granted to the city for the area designated as "open space" on the development plan. The open space easement will be to maintain the area in its natural open space character. The easement shall run with the land and provide the following limitations on use or alterations of the area: a. No structures will be placed or erected upon said premises except appurtenances for agricultural.uses consistent with the open space character and intent of this document. Buildings and roads to be constructed in the open space area shall be approved by the Planning Commission. b. No advertising of any kind or nature shall be located on or within said premises. c. Owner shall not plant nor permit to be planted any vegetation upon said premises except as may be associated with erosion control or agricultural,uses allowed by this easement, consistent with the scenic character of the property. d. Except for the construction of city approved buildings and roads and the maintenance thereof the general topography of the landscape shall be preserved in its natural condition. e. Use of the open space area is limited to noncommercial use by the homeowners association for gardens, orchards or keeping of animals consistent with the city animal regulations. f. No extraction of natural resources except for water. g. No removal of natural vegetation except for fire protection or elimination of deceased growth. The easement shall be approved by the City Council and the easement granted to the city as a condition of the tentative tract map. 29. A homeowners association shall be created to maintain private streets and utilities and common areas. 30. Development of lot 20 for recreation facilities shall be approved by the City Council as a part of the tentative tract map. 31. Lots one thru eightshall be considered sensitive site and development -of - these lots shall be approved by the city Architectural. Review.Commission. Ordinance No. 765 Prezone Property - Foothill Annexation Page 6 SECTION 2. This ordinance shall not become effective until the official annexation of the territory depicted in Exhibit 'A' to the city. SECTION 3. This ordinance, together with the ayes and noes, shall be pub- lished once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a regular meeting thereof held on the 5th day of July, 1978, on motion of Councilman Dunin , seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None ATTEST: .APPROVED AS TO CONTENT: C' e Fitzpatrick Administrative OffNr APPROVED AS TO FORM: Wendt, Mitchell, Sinsheimer,. rswe. De la Motte and Lill , City Director of Community Development Attorney By: Allen Grimes, City Attorney ORDINANCE NO. 765 FINALLY PASSED this 18th day of July , 1978 , on motion of Councilman Settle seconded by Councilman Petterson on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None ATTEST: Fit trick, CITY CLERK AMENDMENT TO ORDINANCE 765, adopted July 18. (Condition 5) Prior to initiating any development of the property described in this ordinance, developer shall enter into an agreement with the city relating to the acquisition of the necessary rights -of- way, and construction of improvements for curb, gutter, pavement, drainage facilities and grading for future sidewalk as required to carry storm waters to an adequate point of disposal (including existing parcel dividing the frontage) which agreement shall provide for the deposit with the city of an amount estimated to fund the acquisition of the off -site property to be acquired for the.purposes of this condition which shall include full improvement by developer of Foothill Boulevard from the entrance street (Ridgeview Drive) to the westerly limits of the tract. That agreement shall provide that the developer shall pay the city the cost of acquiring the off -site property through condem- nation proceedings if such become necessary and the aforementioned deposit shall constitute security to the city for reimbursement of its costs in connection therewith.