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Home My WebLink About0803ORDINANCE NO. 803 (1979 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP. (TO REZONE PROPERTY AT 1353 ROYAL WAY). 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 follows: Said property is also shown on the map attached hereto marked Exhibit 'A' and incorporated herein by reference. From district R -2 (residential - medium density) to:R -2 -PD (residen- tial medium density, planned development) real property described as: Those portions of lots V, W and X of the resubdivision of the Rancho Canada de Los Osos and La Laguna, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map recorded in Book A, page 161 of maps, in the office of the County Recorder of said county, described as follows: Beginning at the southwesterly corner of Tract No. 207, as shown on map recorded in Book 6, Page 54 of Maps, in the office of the County Recorder of said county; Thence along the southwesterly line of said Tract No. 207, North 270 30' 00" West, 202.27 feet to an angle point and north 340 00' 11" West 184.00 feet to the most westerly, corner of said Tract No. 207; thence along the southwesterly line of Tract No. 230, as shown on map recorded in Book 6, Page 63 of Maps, North 340 00' 11" West, 219.66 feet to an angle point and north 440 00' 35" West, 81.13 feet to the most westerly corner of said Tract No. 230 being the true point of beginning; Thence along the southwesterly line of Tract No. 258, as shown on map recorded in Book 6, Page 86 of Maps, north 440 00' 35" West, 54.02 feet to the southeasterly line of the land described in the deed to Development Associates, recorded March 27, 1964, in Book 1290, Page 350 of official records, in the Office of the County Recorder of said county. Thence along said southeasterly line, south 440 25' 41" West, 10.01 feet to -the most-southerly corner of the land described in_ said deeds - -- -- - - - Thence a ong the southwesterly line of the land described in said deed, North-44 b00' 35" West, 285.27 feet to the southeasterly line of Royal _ _ 0 803 Ordinance No. 803 Page 2 (1979 Series) Way, as shown on the map of Tract No. 292, recorded in Book 7, Page 10 of Maps, in the office of the County Recorde_ of said county; Thence along said Royal South 450 59' 25" West, concave easterly having curve through a central feet and South 450 59' of said Lot "X"; Way as follows: 564.74 feet to the beginning of a tangent curve a radius of 30.00 feet; southerly along said angle of 900 00' 00 ", an arc distance of 47.12 25" West, 17.00 feet to the southwesterly line Thence along the southwesterly line of said Lots "X" and "W ", South 440 00' 35" East, 168.76 feet to the most westerly corner of said Lot W; Thence along the northwesterly boundary of the land described in a Deed of Trust recorded August 17, 1965 in Book 1363, Page 30 of official records in the Office of the County Recorder of said County, as follows: North 500 57' 57" East, 50.00 feet to an angle point; South 440 00' 35" East, 11.00 feet to an angle point; North 550 56' 30" East, 413.00 feet to an angle point; North 450 59' 25" East, 135.02 feet to an angle point; South 440 00' 35" East, 54.56 feet to an angle point; and North 440 25' 41" East, 30.00 feet to the true point of beginning. Except therefrom that portion of said land, included within the following described lines: Beginning at the most westerly corner of Lot 1 in Block.A of Tract No. 230, as shown on map recorded in Book 6, Page 63 of Maps, in the office of the County Recorder of said county; Thence along the southwesterly prolongation of the northwesterly line of said Lot 1, South 440 25' 41" West, 30.00 feet; Thence North 440 00' 35" West, 214.56 feet; Thence North 450 59' 25" East, 19.98 feet to the southwesterly line of the land described in the deed to Development Associates, recorded March 27, 1964 in Book 1290, Page 350 of Official Records, in the office of the County Recorder of said County; Thence along said southwesterly line, south 440 00' 35" East, 160.00 feet to the most southerly corner of the land described in said deed; Thence along the southeasterly line of the land described in said deed, North 440 25' 41" East, 10.01 feet to the northwesterly prolongation of the southwesterly line of Lot 1 in Block A of said Tract No. 230. Thence along said northwesterly prolongation, South 440 00' 35" East, 54.02 feet to the point of beginning. PD 0730 Ordinance No. 803 Page 3 C1979 .Series) Also except therefrom an undivided one -half interest in and to all oil, gas and other hydrocarbon substances and minerals in and under said land beneath a depth of 500 feet below the surface thereof, without the right of surface entry which was granted to Jack C. Ecoff, etal, by deed recorded January 29, 1960 in Book 1045, Page 228 of official records. General Location: 1353 Royal Way . Approval -of said rezoning is subject to the approval of 'a preliminary development plan with 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 tentative tract map and 18 months to file precise development plan for city approval. Preliminary development plan approval shall become null and void after 18 month's if precise development plan-is not filed and approved. 3. The project shall be 'built -out' in a single phase. Construction shall commence within 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 &Rs) and documents related to the creation of a homeowners' association at the.time of filing tentative tract map, for review and approval by the.Community Development Director and City Attorney. The CC &Rs shall contain the following provisions: a. a homeowners association to enforce the CC &Rs 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 homeowners association fails to perform and assess the homeowners association for expenses incurred; c. no parking in private driveways except in approved designated 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 unauthorized places;__ e. no outside storage of boats, campers, motorhomes, trailers or inoperable vehicles; f. no unscreened outside storage by individual units; g. ownership and occupancy restrictions limiting all units to owner occupied for four years from initial sale of unit; 5. The private driveways shall be improved to standards approved by the city engineer. 6. All utilities on site shall be underground. 7. Each unit shall have indi'vidually.metered water.service. Meters „shall be located adjacent to driveways. 8. Water service to each unit shall be provided by extension of public mains on private property. Sewer may be public or private. Mains shall be constructed to city standards and easements granted to the city subject to the approval of the city engineer. Dn n71n i Ordinance No. 803 if Page 4 (1979 Series) 9. All grading work shall be in conformance with a soils engineering and founda- tion report and the grading ordinance. 10. The applicant shall place underground entire drainage system.to accommodate a 100 -year design storm, including the section under, the Royal Way right - of -way, if necessary, to the approval of the city engineer. 11. The applicant shall install a masonry wall along Los Osos Valley Road to the approval of the city. The area between the wall and the public right -of -way shall be landscaped to city approval and maintained by the homeowner's association. A fence height exception for said wall in required street yard setback is hereby granted. 12. The applicant shall install a solid wood fence along the site's entire southern boundary. 13. The project shall receive no credit for subdivision park standard requirements. Applicant shall pay park in -lieu fees at time of tract map approval. I 14. The applicant shall install automatic garage door openers on all garages located adjacent to driveways. SECTION 2. This ordinance, together with the ayes and noes, shall be " I published once in full, at least three days prior to its final passage, in the i i 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. INTRODUCED AND PASSED TO PRINT by the Council ofithe City of San Luis regular meeting thereof held on the 20th 'day of Marc"h, 1979 ��isr• at a reg � � on motion of Councilman Settle seconded by Councilman Jorgensen f and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None I ABSENT: Councilman Petterson I I 0 803 PD 0730 e Ordinance No. 803 Page 5 ATTEST: J. Fitzpatrick, City Clerk. APPROVED AS TO FORM: �' k✓ Q City Attorney, George Thacher (1979 Series) APPROVED AS TO CONTENT: Admin'-C ive 'O cer, eland Walton Community De elopment D partment PD 0730 il ORDINANCE NO. 803 (1979 Series) FINALLY PASSED this 3rd day of April , 1979., on motion of Councilman Jorgensen , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None ATTEST: `,� t'f J Fitzpatrick E2.• I 1� Q � pF •I yy rV � r' O�too PF ORD.BQi ;EX A IZ�ZONE _ . __. JZZ_TO R-2-PO