HomeMy WebLinkAbout03-17-2020 East Airport Pre-Annexation Agreement1
Resolution Exhibit “A” PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement (“Agreement”) is made and entered this ____ day
of ____________, 2020 (“Effective Date”), by and among the City of San Luis Obispo, a
chartered municipal corporation (“City”), the members of the East Airport Park Association, a
California nonprofit corporation (the “Association,” with each member an “Association
Member”) and ____________________ (“Senn-Glick”). Association Members, and Senn-Glick
are hereinafter collectively referenced as “Owners.” City and Owners are hereinafter referred to
individually as a “Party” and collectively as the “Parties.”
Recitals
WHEREAS, the Association is made up of 33 legal parcels, including common area, as
more particularly identified on Exhibit A (the “Association Property”).
WHEREAS, Senn-Glick are the owners of that certain real property consisting of three
parcels identified on Exhibit B hereto and hereinafter referenced as the (“Senn-Glick Property”);
WHEREAS, the Association Property and the Senn-Glick Property are hereinafter
referenced collectively as the “Annexation Property” (Exhibit C).
WHEREAS, the Annexation Property is currently located in the County of San Luis Obispo
(“County”) but is within the San Luis Obispo Airport Area Specific Plan (“Area Plan”) and the
City has contemplated annexing the Annexation Property into the City, as stated in the City’s
General Plan, Land Use Element, Policy 7.7;
WHEREAS, the Area Plan was adopted by the City in August, 2005, and revised in
September, 2014, for the purposes of identifying appropriate land uses and zoning pursuant to
Ordinance 1481 (adopted September 6, 2005) for the Annexation Property and other properties
located within the Area Plan;
WHEREAS, the County of San Luis Obispo has allocated specific square footage
development limits for (i) each lot within the Association Property (for a cumulative square
footage of 500,000); and (ii) the Senn Glick Lots (a cumulative total of 180,000 square feet) as
reflected on Exhibit D attached hereto.
WHEREAS, upon annexation and completion of all conditions of approval and
requirements of this Agreement, the Annexation Property will be entitled to the same level of water
service, sewer service, police protection, fire protection, and other services generally provided by
the City for property owners, residents, and occupants within the City and is subject to the same
laws, rules, regulations, and fees;
WHEREAS, this Agreement is made pursuant to the authority of the City Charter and
California Government Code Section 56000, et. seq.
WHEREAS, to provide for the City’s orderly growth and development, consistent with the
City’s General Plan, the Parties anticipate that the Annexation Property will be annexed into the
City pursuant to the terms and procedures of the California Government Code, Sections 56000 et
17th
March
Senn-Glick
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seq., and in accordance with the Annexation Application filed by the Owners with the City, File
No. ANNX-2030-2018;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, the Parties agree as follows:
1. Annexation Application. Subject to the terms and conditions of this Agreement
and all applicable laws, the City will hold a public hearing for the consideration of the Annexation
Application, and, if authorized by the City Council, the City will file an application with the San
Luis Obispo Local Agency Formation Commission ("LAFCO") to annex the Annexation Property
into the City's municipal boundaries (the "Annexation"). Owners further acknowledge that the
Annexation is subject to LAFCO review, environmental review pursuant to the California
Environmental Quality Act, and potentially certain conditions of approval and mitigation
measures.
2. Required Improvements. Prior to Annexation of the Annexation Property into the
City and City's permanent provision of water and sewer services to the Annexation Property,
Owners shall upgrade the potable water, recycled water, sewer, and roadway and
curb/gutter/sidewalk infrastructure (roadway and curb/gutter/sidewalk infrastructure are
collectively referenced herein as "roadway infrastructure") to City standards, as required and
agreed upon by both parties, and/or at the point of connection to the City's infrastructure as
identified in Exhibit D attached hereto and incorporated herein by this reference. The potable
water, recycled water, sewer, and roadway infrastructure improvements described on Exhibit D,
are collectively referenced herein as Required Improvements.
3. Transfer/Destruction of Wells. Each Owner with an existing groundwater well
upon their property may retain the use of that well for irrigation purposes only and shall, upon
Annexation, execute and record a covenant and agreement with the City, in a form approved by
the City Attorney, setting forth the requirements of this Section of the Agreement. If an Owner
does not elect to continue using an existing groundwater well on its property for irrigation purposes
only, then, upon Annexation, said Owner shall first offer to transfer ownership of the groundwater
well on their property to the City, subject to the City's approval and in a form approved by the
City Attorney, and, if the City elects to not accept the well, Owner shall either destroy or cap the
groundwater well in accordance with City and applicable County Environmental Health standards
and requirements and to the satisfaction of the City Utilities Director and the County
Environmental Health Department. Future use of any groundwater wells that are capped pursuant
to this Section of the Agreement is subject to the City's approval.
4. Removal of Package Plant and Other Infrastructure. After Annexation and
following connection to City services, Owners shall remove the package plant and other related
infrastructure existing within the Annexation Property and operated by the Fiero Lane Water
Company, as set forth in Exhibit E, in accordance with all applicable laws, regulations, and rules.
Upon Annexation and completion of removal of the package plant and related infrastructure, the
Fiero Lane Water Company will no longer operate or provide water or wastewater services within
the Annexation Property.
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5. Urban Services. Upon Annexation and upon City's acceptance of the Required
Improvements and the Owners' satisfactory completion of all conditions of approval of the
Annexation, the Annexation Property shall be entitled to the full range of City services, including
without limitation, water service, sewer service, police and fire protection, and general government
services, some of which are described below in more detail, and the Association shall cease
operating within the Annexation Property except as to any improvements not accepted by the City.
For example, the Association may, but is not obligated to, remain in existence in the form of an
architectural review committee, though any such committee would not in any way supersede or
replace the authority of the City's Architectural Review Committee. Except as expressly provided
in this Agreement, future development within the Annexation Property shall be subject to all laws,
policies, rules, and regulations of the City, including but not limited to the payment of development
impact fees and any policies, rules, or regulations contained in the Area Plan. Existing
development within the Annexation Property as of the effective date of this Agreement shall not
be obligated to pay any development impact or connection fees except as expressly provided
herein.
6. Water Services. Upon Annexation and upon City's acceptance of the Required
Improvements, not to be arbitrarily withheld, and the Owners' satisfactory completion of all
conditions of approval of the Annexation, the Fiero Lane Water Company shall cease providing
water service to the Annexation Property and the City shall provide water services, including
without limitation fire protection services, subject to the same laws, rules, and fees applicable to
other new users in the City under similar circumstances. The Owners shall be responsible for the
costs of connection to the City water system.
7. Sewer Service. Upon Annexation and upon City's acceptance of the Required
Improvements, not to be arbitrarily withheld, and the Owners' satisfactory completion of all
conditions of approval of the Annexation, the Fiero Lane Water Company shall cease providing
sewer service to the Annexation Property and the City shall provide sanitary sewer service to the
Annexation Property upon request of the Association subject to the same laws, rules, regulations
and fees applicable to other new users in the City under similar circumstances. The Owners shall
pay the costs of connection to the City sewer system.
8. Acceptance of Offer of Dedication and Easements. The Owners shall offer for
dedication to the City (i) all streets, roadways, sidewalks, curbs, gutter, drainage improvements,
water lines, and sewer lines and other similar improvements as depicted on Exhibits E and F
attached hereto ("Public Improvements"); and (ii) all Required Improvements. Concurrent with
Annexation, the City will accept said offers of dedication and shall thereafter be responsible for
the maintenance, repair, and replacement of the accepted Public Improvements and Required
Improvements. Concurrent with Annexation, Owners shall grant easements to the City, in a form
approved by the City Attorney, for the sewer mains not included within the offers of dedication as
identified in Exhibit E and shall extinguish any easements, rights, or title to said sewer mains that
may be held by any other parties, such as the Fiero Lane Water Company.
9. Traffic Impact Fees. Owners shall make a payment of $1,000,000 to fulfill the
Annexation Property's participation in the City's Citywide Transportation Impact Fee program
(TIF) and/or other area transportation improvement reimbursement obligations ("Traffic Impact
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Fee Payment"). The Traffic Impact Fee Payment is based upon the existing and future buildable
development area and intensity on each of the lots within the Annexation Property as approved by
the County, up to a total of 680,000 square feet of building floor area within the Annexation
Property as depicted in Exhibit D attached hereto, which describes the maximum square footage
of building floor area for each lot within the Annexation Property, as previously approved by the
County as of the date of this Agreement. The Traffic lmpact Fee Payment does not include
development of the PSHH Property. There shall be no additional traffic impact fees or fees or
requirements for off-site traffic improvements, except for the Required Improvements, required
for new development on any lot within the Annexation Property, so long as development remains
within the building floor area and development intensity approved by the County for each lot as
depicted in Exhibit D, up to a cumulative total of 680,000 square feet. Additional building floor
area or intensities proposed beyond that approved by the County for each lot, as depicted in Exhibit
U would be subject to the then applicable TIF.
10. Development Impact Fees. Subject to the terms and conditions herein, Owners shall
pay, at the time of Annexation, the water and sewer development impact fees in effect at the time
of Annexation for all properties within the Annexation Property that are developed as of the
effective date of the Annexation. For properties within the Annexation Property that are
undeveloped at the time of Annexation, as more particularly described in Exhibit I, Owners shall
pay all development impact fees, as defined in the City's Municipal Code, that are in effect at the
time of development and in accordance with the applicable City fee schedules and ordinance
requirements in effect at that time, except as specifically provided in Section 9 above. These fees
may be financed through land-based financing or other equivalent means under terms outlined and
negotiated during the financing of said fees.
11. General Plan/ Area Plan/Zoni ng. Upon Annexation, (i) the General Plan
designation for the Annexation Property will be Services and Manufacturing; (ii) the Annexation
Property will be subject to the Area Plan; and (iii) the City Zoning designation for the Annexation
Property will be Service-Commercial Specific Plan (C-S-SP) .
12. Ex isting and F uture Devel o pment. Upon Annexation, the Annexation Property
may be developed subject to the same policies and property development standards applied to
other properties in the City under similar circumstances including, but not limited to, the General
Plan, the Area Plan, and other applicable provisions of the City Municipal Code and state laws.
Existing legal uses on the Annexation Property shall be allowed to continue in accordance
with Chapter 17 .10 of the City Zoning Regulations. Change of ownership, tenancy, or
management of a nonconforming use shall not affect its legal, nonconforming status unless the use
is discontinued pursuant to the aforementioned Chapter 17. l 0.
Addition of new structures within the Annexation Property requiring new connection to
City water or sewer service, or modification to or conversion of use of structures existing as of the
date of Annexation, that exceed the capacity of existing wastewater and water systems, shall be
considt.:n:<l n~w <l~velopment. In all events, the Annexation Property and each lot therein shall be
maintained in compliance with the applicable rules of the Area Plan and other laws or regulations
as provided in the City Municipal Code under similar circumstances.
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12.1 Non-Conforming Use (Government). Pursuant to the Area Plan, after
annexation into the City, the Zoning District for the Annexation Property will be Commercial
Services (C-S). Under the Area Plan, an Office-Government use is not an allowed use in the C-S
zoning. Lots _ ("Non-Conforming Lots") of the Annexation Property are currently operating
with a use that fall under the City's Office-Government land use type and, therefore, such use upon
annexation shall be considered a non-conforming use as defined in Chapter 17.94 of the City
Municipal Code. As part of the annexation process and as a condition of this Agreement, the City
Council shall concurrently consider an Ordinance pertaining to the Annexation Property
authorizing the Community Development Director to support the continuation of this non-
conforming use by enabling the Community Development Director to make the following
determinations, as may be requested by the Owners in the future:
(i) that the ceasing of an "Office-Government" use on the Non-Conforming Lots for "a
continuous 12 months" shall not be deemed to prohibit another non-conforming use on the Non-
conforming Lots so long as such non-conforming use is an "Office-Government" use; and/or
(ii) that the existing use or subsequent non-conforming uses may be replaced with an
"Office-Government" use as long as the new use has similar or less severe impacts on its
surroundings in terms of noise, traffic, parking demand, hours of operation, and visual
incompatibility compared to the immediate prior use, as determined by the Director pursuant to
Chapter 17.108 of the City Municipal Code, with the exception of Section 17.108.020 which shall
not limit the application of this Section of this Agreement.
This Section 12.1 and the Ordinance contemplated herein shall apply only to the Non-Conforming
Lots and not the remainder of the Annexation Property nor to any other uses that may be non-
conforming on any properties within the Annexation Property.
13. Compliance with City Standards. Upon Annexation, the Annexation Property will
be subject to the same rules, regulations, laws, fees, and taxes unless otherwise agreed to herein
that would be applied to other properties, residences, businesses, and customers in the City under
similar circumstances including, but not limited to, the Building Code, Fire Code, Zoning
Regulations, the Area Plan, environmental regulations including the California Environmental
Quality Act, fees, taxes (including business taxes and utility user taxes), and other provisions of
the City Municipal Code and state laws. Existing permits issued by the County of San Luis Obispo
shall not be subject to any additional requirements, conditions, or fees by City except as otherwise
stated herein.
14. Building Limitations. The parties acknowledge that the County of San Luis
Obispo, through conditions of approval or otherwise, has imposed building area limitations on the
Annexation Property and certain portions thereof. Upon Annexation, building standards,
coverage, restrictions and restraints applicable to the Annexation Property shall be as provided by
the City Municipal Code, the Area Plan, the City Charter, and the City General Plan, as may be
amended from time to time, and any County-imposed building area limitations, including without
limitation those imposed by the conditions of approval for subdivision or development within the
Annexation Property, will no longer apply. Notwithstanding the foregoing, the parties
acknowledge that limitations, conditions, and mitigation measures may be imposed on the
Annexation Property and its existing or future development as required by applicable City
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ordinances, the Area Plan, the City Charter, the City General Plan, and/or state and federal law,
including but not limited to the California Environmental Quality Act.
15. Property Improvements. At the time of development, it shall be the responsibility
of the Owners to install and/or pay for improvements and fees, which may be required by permit,
law, rule, or regulation.
16. Term of Agreement. The term of this Agreement shall begin upon the Effective
Date. The Agreement shall remain in effect until modified or terminated by mutual consent of the
Parties. In the event that Owners withdraw the Annexation Application or approval of the
Annexation is not granted by LAFCO or the City Council for any reason whatsoever, this
Agreement shall terminate and have no force and effect, as if it had never been entered into by the
Parties, except that obligations contained in Section 18 regarding Defense and Indemnity shall
survive termination.
17. Payment of Costs and Expenses. The Owners agree to pay for any and all
reasonable costs and expenses related to the Annexation of the Annexation Property into the City's
municipal boundaries, including, but not limited to, all of the City's administrative fees, consultant
fees, filing fees, planning fees, engineering fees, attorney's fees, surveying fees, inspection fees,
construction costs, conditions of approval and mitigation measures, and all actions contemplated
herein. The City estimates that the costs and expenses under this Section 17 will be
________ . Owners acknowledge and agree that this is an estimate only and subject to
change.
18. Defense and Indemnity. Owners agree to indemnify, defend, and hold harmless the
City and its officers, officials, agents, employees, and volunteers against any and all liability,
claims, actions, causes of action, or demands whatsoever against any of them arising out of or
connected with the Annexation, the Annexation Application, or this Agreement, including without
limitation the construction or removal of any Required Improvements, whether or not caused in
part by the City, except City's sole negligence or willful misconduct. The obligations contained
in this Section shall survive termination of this Agreement.
19. Successors, Heirs and Assigns . This Agreement shall bind and inure to the benefit
of the successors, heirs, assigns, and personal representatives of the Parties.
20. Notices. Any notice which any party may or is required to give shall be given by
personal service or by depositing such notice with the U.S. Postal Service, postage pre-paid, to the
mailing address given below the signature line, or at such other place as may be designated by the
party in writing from time to time. Notice shall be effective upon the date of personal delivery or
three (3) days after date of mailing.
21. Governing Law. This Agreement shall be governed and construed by in accordance
with the laws of lht: Slate of California. In the event that suit is brought by a party to this
Agreement, the parties agree that trial of such action shall be vested exclusively in the courts of
the County of San Luis Obispo, State of California.
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22. Attorney's Fees. If any of the Parties hereto incurs attorneys' fees in order to
enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or
because of a breach of this Agreement by the other Party, the prevailing Party, whether by suit,
negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys' fees from
the other Party or Parties
23. Waiver. Waiver by one party of any default, breach, or condition precedent shall
not be construed as a waiver of any other default, breach, or condition precedent or any other right
under this Agreement.
24. Counterparts and Signature s . This Agreement may be executed in counterparts,
each of which will be deemed an original but together will constitute one agreement. By signature
below, the person or persons executing this Agreement on behalf of the Parties warrants and
represents that they have the authority to execute this Agreement on behalf of the respective Party
and has the authority to bind the Party to the performance of its obligations hereunder.
[Signature Page Follows]
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Charles L. Senn
Co-Owner
San Luis Obispo, CA 93401
798 Palm Street
990 Palm Street
San Luis Obispo, CA 93401
A
Exhibit A
Association Property
EXHIBIT A
ANNEXATION NO. __ TO THE CITY OF SAN LUIS OBISPO
LEGAL DESCRIPTION
That real property in the County of San Luis Obispo, State of California, more
particularly described as follows:
Beginning at the most southerly corner of Annexation No. 78 to the City of San
Luis Obispo being a point on the southeasterly line of Farm House Lane; thence
along the boundary of said Annexation No. 78 the following two courses
1. North 53°13'55" East, 98.84 feet; thence
2. along the arc of a tangent curve to the right having a radius of 370.00 feet,
through a central angle of 20°21'59", for an arc length of 131.52 feet;
thence
3. continuing along the arc of a tangent curve to the right, also being the
southerly right of way of Farm House Lane having a radius of 370.00 feet,
through a central angle of 16°19'22", for an arc length of 105.41 feet;
thence
4. North 89°55'16" East, 418.92 feet; thence
5. along the arc of a tangent curve to the right having a radius of 470.00 feet,
though a central angle of 8°44'18", for an arc length of 71.68 feet; thence
6. South 81°16'57" East, 84.85 feet; thence
7. along the arc of a tangent curve to the left having a radius of 530.00 feet,
though a central angle of 14°22'36", for an arc length of 132.99 feet; thence
8. North 84°20'27" East, 325.78 feet to the east line of Tract 2368 as shown
on the map filed in Book 28 of Maps at Pages 56 through 61, inclusive;
thence along the boundary lines of said Tract 2368
9. South 00°06'06" East, 414.56 feet; thence
10. North 70°17'23" East, 381.55 feet; thence
11. South 59°32'56" East, 901.58 feet; thence
12. South 28°55'47" West, 1349.08 feet; thence
ATTACHMENT B
13. North 61°04'24" West, 551.47 feet; thence
14. North 00°05'03" East, 376.71 feet; thence
15. South 89°44'28" West, 513.98 feet to the northeasterly right-of-way of
State Highway 227; thence along said northeasterly right-of-way
16. North 37°33'31" West, 446.56 feet to the southwesterly corner of the
property described in the deed to the County of San Luis Obispo recorded
December 3, 1991, in Volume 3792 of Official Records of said County at
Page 897; thence continuing along said northeasterly right-of-way
17. North 37°31'48" West, 230.25 feet; thence
18. North 37°34'57" West, 94.52 feet; thence
19. along the arc of a non-tangent curve to the right having a radius of
35945.00 feet, through a central angle of 00°50'01", the radius point of
which bears North 52°26'16" East, for an arc length of 522.90 feet; thence
20. North 36°44'58" West, 55.83 feet to the easterly boundary of Annexation
#53 to the City of San Luis Obispo; thence leaving said Highway 227 right-
of-way and along said easterly boundary
21. North 00°16'34" West, 66.19 feet to the Point of Beginning.
The above described property contains 56.09 acres of land, more or less.
* * *
_______________________________________________
Michael B. Stanton, PLS5702 Date
ATTACHMENT B
B
Exhibit B
Senn-Glick Property
EXHIBIT B
ANNEXATION NO. __ TO THE CITY OF SAN LUIS OBISPO
LEGAL DESCRIPTION
That real property in the County of San Luis Obispo, State of California, more
particularly described as follows:
Commencing at the most southerly corner of Annexation No. 78 to the City of
San Luis Obispo being a point on the southeasterly line of Farm House Lane;
thence along the boundary of said Annexation No. 78 the following three courses
North 53°13'55" East, 98.84 feet; thence along the arc of a tangent curve to the
right having a radius of 370.00 feet, through a central angle of 20°21'59", for an
arc length of 131.52 feet; thence North 16°24'14" West, 60.00 feet to the
northwest line of Farm House Lane to the Point of Beginning; thence
1. along the arc of a non-tangent curve to the left having a radius of 212.00
feet, through a central angle of 24°08'00", the radius point of which bears
South 70°17'17" West, for an arc length of 89.30 feet; thence
2. along the arc of a compound curve to the left having a radius of 15.00 feet,
through a central angle of 37°55'17", for an arc length of 9.93 feet; thence
3. along the arc of a tangent reverse curve to the right having a radius of
70.00 feet, through a central angle of 81°40'54", for an arc length of 99.79
feet; thence
4. North 00°05'05" West, 99.52 feet; thence
5. South 89°54'55" West, 64.22 feet to the easterly boundary line of
Annexation No. 53 to the City of San Luis Obispo; thence along said easterly
line the following two courses
6. North 00°00'08" West, 100.06 feet; thence
7. North 00°20'12" West, 333.92 feet to the northwest corner of Lot E of the
Rodriguez Tract as shown on the Record of Survey filed in Book 78 of
Licensed Surveys at Page 33, Records of said County; thence along the
boundary lines of said Lot E and Lot G of said Rodriguez Tract the following
three courses
8. North 89°49'40" East, 332.99 feet; thence
9. South 89°55’29” East, 332.99 feet; thence
ATTACHMENT B
10. South 00°07'59" East, 665.59 feet to the north line of Tract 2368 also being
the north line of Farm House Lane as shown on the map filed in Book 28 of
Maps at Pages 56 through 61, inclusive; thence along the boundary lines of
said Tract 2368
11. North 89°58'42" West, 365.04 feet; thence
12. along the arc of a tangent curve to the left having a radius of 430.00 feet,
through a central angle of 16°19'23", for an arc length of 122.50 feet to the
Point of Beginning.
The above described property contains 9.69 acres of land, more or less.
* * *
_______________________________________________
Michael B. Stanton, PLS5702 Date
ATTACHMENT B
C
Exhibit C
Annexation Area
EXHIBIT C
ANNEXATION NO. __ TO THE CITY OF SAN LUIS OBISPO
LEGAL DESCRIPTION
That real property in the County of San Luis Obispo, State of California, more
particularly described as follows:
Beginning at the most southerly corner of Annexation No. 78 to the City of San
Luis Obispo being a point on the southeasterly line of Farm House Lane; thence
along the boundary of said Annexation No. 78 the following eight courses
1. North 53°13'55" East, 98.84 feet; thence
2. along the arc of a tangent curve to the right having a radius of 370.00
feet, through a central angle of 20°21'59", for an arc length of 131.52
feet; thence
3. North 16°24'14" West, 60.00 feet to the northwest line of Farm House
Lane; thence
4. along the arc of a non-tangent curve to the left having a radius of 212.00
feet, through a central angle of 24°08'00", the radius point of which bears
South 70°17'17" West, for an arc length of 89.30 feet; thence
5. along the arc of a compound curve to the left having a radius of 15.00
feet, through a central angle of 37°55'17", for an arc length of 9.93 feet;
thence
6. along the arc of a tangent reverse curve to the right having a radius of
70.00 feet, through a central angle of 81°40'54", for an arc length of
99.79 feet; thence
7. North 00°05'05" West, 99.52 feet; thence
8. South 89°54'55" West, 64.22 feet to the easterly boundary line of
Annexation No. 53 to the City of San Luis Obispo; thence along said
easterly line the following two courses
9. North 00°00'08" West, 100.06 feet; thence
10. North 00°20'12" West, 333.92 feet to the northwest corner of Lot E of the
Rodriguez Tract as shown on the Record of Survey filed in Book 78 of
Licensed Surveys at Page 33, Records of said County; thence along the
ATTACHMENT B
boundary lines of said Lot E and Lot G of said Rodriguez Tract the
following three courses
11. North 89°49'40" East, 332.99 feet; thence
12. South 89°55’29” East, 332.99 feet; thence
13. South 00°07'59" East, 665.59 feet to the north line of Tract 2368 also
being the north line of Farm House Lane as shown on the map filed in
Book 28 of Maps at Pages 56 through 61, inclusive; thence along the
boundary lines of said Tract 2368
14. South 89°59'12" East, 334.32 feet; thence
15. South 00°06'00" West, 21.78 feet; thence
16. North 84°19'05" East, 221.82 feet; thence
17. North 84°22'29" East, 111.28 feet; thence
18. South 00°52'38" East, 10.49 feet; thence
19. South 00°06'06" East, 464.56 feet; thence
20. North 70°17'23" East, 381.55 feet; thence
21. South 59°32'56" East, 901.58 feet; thence
22. South 28°55'47" West, 1349.08 feet; thence
23. North 61°04'24" West, 551.47 feet; thence
24. North 00°05'03" East, 376.71 feet; thence
25. South 89°44'28" West, 513.98 feet to the northeasterly right-of-way of
State Highway 227; thence along said northeasterly right-of-way
26. North 37°33'31" West, 446.56 feet to the southwesterly corner of the
property described in the deed to the County of San Luis Obispo recorded
December 3, 1991, in Volume 3792 of Official Records of said County at
Page 897; thence continuing along said northeasterly right-of-way
27. North 37°31'48" West, 230.25 feet; thence
ATTACHMENT B
28. North 37°34'57" West, 94.52 feet; thence
29. along the arc of a non-tangent curve to the right having a radius of
35945.00 feet, through a central angle of 00°50'01", the radius point of
which bears North 52°26'16" East, for an arc length of 522.90 feet;
thence
30. North 36°44'58" West, 55.83 feet to the easterly boundary of Annexation
#53 to the City of San Luis Obispo; thence leaving said Highway 227
right-of-way and along said easterly boundary
31. North 00°16'34" West, 66.19 feet to the Point of Beginning.
The above described property contains 67.52 acres of land, more or less.
* * *
_______________________________________________
Michael B. Stanton, PLS5702 Date
ATTACHMENT B
D
Exhibit D
Development Information and Allocation
East Airport Commerce Park and Senn Glick Annexation
Property Development Information
Updated January 2020
Exhibit
Lot #
Property
Size (acres)
Assessor Parcel
Number (APN)
Primary Property
Address Property Owner
Building
Development
In Process-
Under
Construction
(SF)
Building
Development
Existing (SF)
Tract/ CUP/
Development
Allotment (SF)
Allotment SF
Remaining
Development Status,
December 2019
A 5.08 076-511-038 1146 Farmhouse Lane Farmhouse Development LLC 20,000 Built
B 2.59 076-511-039 1160 Farmhouse Lane Cagliero Lorraine Tre Etal Undeveloped
C 2.06 076-511-040 1160 Farmhouse Lane Cagliero Lorraine Tre Etal Undeveloped
Senn/Glick 9.73 Totals 0 20,000 180,000 160,000
D 1.11 076-512-001 1025 Farmhouse Lane J & R Properties, LLC 12,472 12,475 3 Built
E 1.01 076-512-002 1051 Farmhouse Lane Salvo Beach, LLC 11,351 11,351 Undeveloped
F 1.01 076-512-003 1075 Farmhouse Lane Onsorc Investments LLC 11,350 11,351 1 Built
G 1.03 076-512-004 4675 Allene Way Dewar Family Trust (Kenneth & Sandra Dewar)11,576 11,576 Undeveloped
H 1.08 076-512-005 1133 Farmhouse Lane Maino Construction 11,932 12,138 206 Built
I 1.19 076-512-006 4720 Allene Way Maino Construction 13,076 13,374 298 Built
J 1.03 076-512-007 4740 Allene Way Allene Way, LLC 9,474 11,576 2,102 Built
K 1.12 076-512-042 1167 Farmhouse Lane Burke Family Trust 12,587 12,587 Undeveloped
L 1.33 076-512-041 1193 Farmhouse Lane Burke Family Trust 14,947 14,947 Undeveloped
M 1.36 076-512-043 none assigned Burke Family Trust 15,284 15,284 Undeveloped
N 0.97 076-512-039 4750 Allene Way SLO, LLC 9,783 10,901 1,118
In bldg. permit review.
County approved use:
DRC2019-00219
O 1.32 076-512-040 1140 Kendall Road Kendall Road, LLC 14,679 14,835 156 Built
P 1.75 076-512-037 1180 Kendall Road Lot 11 EAP, LLC 19,706 19,667 (39)Built
Q 1.28 076-512-038 1220 Kendall Road James Pankey Tre Etal 14,388 14,385 (3)Built
R 2.51 076-512-012 1250 Kendall Road PG&E 10,800 28,209 17,409 Built
S 1.80 076-512-028 1275 Prospect Street NKT Properties, LLC Wastewater facility
T 1.51 076-512-029 1251 Prospect Street Dirt Clod Industries 6,366 16,970 10,604 Built
U 2.26 076-512-015 1201 Prospect Street JLK Commercial, LLC 25,067 25,399 332 Built
W 1.00 076-512-035 4875 Morabito Place Farm Bureau of San Luis Obispo County 2,998 11,238 8,240 Built
V 1.41 076-512-036 1175 Prospect Street Ewing Irrigation Products, Inc.10,500 15,846 5,346 Built
X 2.33 076-512-017 4855 Morabito Place D3KS-elph 25,998 26,186 188 Built
Y 1.32 076-512-031 none assigned Western Trans Logistics LLC 14,835 14,835 Undeveloped
Z 2.54 076-512-032 1255 Kendall Road Family Care Network 28,531 28,546 15 Built
AA 5.26 076-512-030 4800 Morabito Place Marchem Real Estate Group 46,396 59,114 12,718 Built
BB 1.50 076-512-033 4805 Morabito Place L. Gregorio see CC 16,858
CC 2.53 075-512-022, -034 1109 Kendall Road L. Gregorio 45,270 28,433 21
DD 1.01 076-512-023 n/a NKT Properties, LLC stormwater basin
EE 1.65 076-512-024, 511-025 1060 Kendall Road Peoples' Self-Help Housing 23,665 30,000 6,335
In bldg. permit review.
County approved use
DRC2018-00131
FF 2.25 076-512-025 4725 Allene Way Dr. Adam G Nielsen 25,025 25,287 262 Under construction
GG 1.11 076-512-026 n/a NKT Properties, LLC stormwater basin
EACP 48.58 Totals 58,473 309,003 513,367 204,364
County approved:
SUB2016-00009
ATTACHMENT B
E
Exhibit E
Required Improvements
Exhibit E
Required Improvements
Section 1. Utilities Infrastructure Improvements and Testing Requirements:
System Improvements:
Public Water system:
1. Extend Terrace Pressure Zone from the intersection of Broad and Fuller to the project
area without the use of a booster pump station.
2. Reconstruct the water system piping at the intersection of Broad and Fuller with a new
pressure reducing station, PLC, and telemetry, such that the extension of the Terrace
Zone can be monitored from SCADA for flow rates and pressures on the distribution
system. The existing pressure reducing station can be used, but will need to be
rehabilitated to meet the monitoring objectives for pressures and flow rates.
3. All buildings impacted by the increased pressure as a result of the potable water zone
extension shall be provided with individual pressure reducing valves per the California
Building Code.
4. Separations between water to sewer or recycled water mains shall meet the City
Standards. Undisinfected treated wastewater mains (3-Water) shall be abandoned to meet
the separation criteria where applicable.
5. All fire hydrant outlet dimensions and threading shall comply with City Standards. This
condition can be met by modifying the existing hydrants if feasible
6. Install a temporary double check assembly near the northwest corner to flush the water
mains and transition into the new water supply.
7. Install a permanent reduced pressure detector assembly (RPDA) at the point of
connection from the City’s water main along Broad and the existing recycled water
system along Farmhouse Lane, if the potable water is needed to feed the irrigation main
and services.
8. Air-release valves shall meet Engineering Design Standards.
Public Recycled Water system:
9. Provide frontage improvements, per Engineering Standards, along the western edge of
the project frontage using an 8” recycled water main (approximately 1,380-ft of main).
(“Frontage Improvements”) at a cost to Owners not to exceed $300,000. If the Frontage
Improvements provided by Owners do not result in supplying recycled water to the
Annexation Property by January 1, 2026, the City will complete the Frontage
Improvements to provide recycled water to the Annexation Property. In lieu of the
Frontage Improvements, the applicant can choose to build improvements for construction
of an 8” recycled water main along Broad Street from Tank Farm Road to Aerovista
(approximately 2,100-feet) with an alignment to the satisfaction of the Utilities Director
(“Broad Street Line”). If the Owners build the Broad Street Line and spend in excess of
$300,000(i) the City agrees to enter into a reimbursement agreement with all new
ATTACHMENT B
development within the Airport Area Specific Plan, except for properties included within
the Annexation Property, to reimburse Owners for all costs incurred in installing the
Broad Street Line; or (ii) if the Owners have not been reimbursed for the cost in excess of
$300,000 of constructing the Broad Street Line by January 1, 2026, the City will
reimburse Owners for such costs as part of its capital improvement program. City
checking and inspection fees will be waived for the construction of the proposed pipeline.
10. Existing recycled water mains need to be Class 350 Ductile Iron Pipe with exterior and
interior coatings.
Public Sewer system:
11. All sewer mains for the collection system shall be in the public roads. Sewer mains
running through easements shall be provided with an all-weather access road. Revisions
to the title documents for easements to be transferred to the City for by the public utilities
shall be made and processed by the applicant, which includes the west 10-feet of Lot 2
(Parcel SS1) and Lot 25 (Parcel SS2) and the south 10-feet of Lot 25 (Parcel SS2) .
12. The five sewer manholes not sealed for root intrusion shall be sealed with a polyurethane
coating per the 2018 Engineering Standards.
13. Applicant shall provide a financial assurance in the event the Fiero Annexation triggers
the need for relocation of the wastewater treatment plant. A relocation plan needs to be
reviewed and approved through the public improvement plan review process if the
infrastructure will be within City limits.
14. Any industrial waste dischargers in the East Airport Annexation Area will be required to
meet all Municipal Code requirements prior to discharging to the City’s wastewater
collection system.
Public Water System Inspections and acceptance testing:
15. Applicant shall reimburse the City for flushing of system, and all bac-t testing for
acceptance.
Public Sewer System Inspections and acceptance testing:
16. Applicant to provide CCTV inspection of sewer mains.
17. Applicant shall make repairs need to be made to any root intrusions or deficiencies
identified by the City in the CCTV inspection in accordance with PACP Sewer
Inspection Standards.
Parcel Improvements:
Private Domestic Water Service:
18. Applicant shall provide service line identification of the lateral extending from the main
and the type of valves provided in the meter box.
19. Fire service lines shall be equipped with RPDA.
ATTACHMENT B
20. All water meters are to be purchased, replaced, and installed by East Airport per City
Standards after the systems is flushed, disinfected, and approved by the Utilities Director.
The water services shall be equipped with RP-Backflow device per the 2018 Engineering
Standards.
Private Recycled Water Service:
21. All services will be equipped with RP-Backflow device if potable water is used for
irrigation services. After recycled water is available, the RP-Backflow device can be
changed out with an irrigation pressure reducer and wye strainer.
22. Recycled water users will need to apply for a recycled water services in accordance to the
City Standards, and Procedures for Recycled Water Use.
23. Additional signage for non-potable water will need to be installed after recycled water is
available.
24. Any existing graywater systems need to be re-certified through the City’s building permit
to ensure overflow runoffs are not discharged into the sewer system.
Private Sewer Lateral Service:
25. Applicant to provide CCTV inspection of sewer laterals.
26. Repairs need to be made to any root intrusions or deficiencies identified by the City in the
CCTV inspection in accordance with PACP Sewer Inspection Standards.
27. No private lift stations will exist within the annexed parcels.
28. Applicant will identify any sewer easements on the topographic map. Where provide
sewer laterals are crossing parcel boundaries, applicant shall provide a lateral
maintenance agreement between the effected parties.
Private Refuse Service:
29. New trash enclosures need to have space for three waste streams: trash, recycling, and
organics.
30. Trash enclosures surface runoff that drains into the sewer system shall be disconnected
and drained into a bioswale.
Section 2. Public Works Infrastructure Improvements:
31. Street name signs to be upgraded from private to City Engineering Standard color, font,
block references, etc. Confirm whether any private street names will exist and will
require the public/private sign interface. Review whether an upgrade to punch posts will
be required.
32. Hydrants shall be upgraded to City Engineering Standards to accommodate the current
Fire Department standard hose connection of 4 ½”. Utilities to confirm whether an
alteration is acceptable or if replacement hydrants will be required. Hydrants with
inadequate clearances above the sidewalk will require an additional spool to provide
ATTACHMENT B
minimum clearances. Shear bolts need to be verified with correct inverted placement at
all hydrant locations.
33. Repainting of red curbs at all hydrant locations is required where existing red curbs are
deficient. Red curb painting is required for a 30 linear feet (15 feet on either side of the
hydrant). Transportation shall clarify whether red curb painting will be required at any
intersections as needed to maintain adequate sight lines. Final verification of hydrant
reflectors will be required.
34. Type 2 slurry shall be applied to all existing roadways. Following application of Type 2
slurry, placement of signing, striping, pavement stop bar marking, and in-street hydrant
reflectors shall be completed. .
35. Portions of the existing private storm drain system will become public upon annexation.
Publicly owned storm drain system lie within the roadways. Private storm drain systems
on private property will remain private. The existing basin will remain private.
36. The City completed a sidewalk and curb ramp infrastructure evaluation (Exhibit E,
Attachment 1 Sidewalk and Curb Ramp Evaluation). The applicant is required to replace
curb ramps identified as 6, 7 and 11 and provide truncated domes for all existing curb
ramps prior to annexation. The applicant is required replace sidewalks identified in
Exhibit E, Attachment 1 (Sidewalk and Curb Ramp Evaluation) excluding identified
minor cracking.
37. Existing access roadways into the County are dirt or gravel and appear to be the main
generator of silt and mud into the roadway. Provide and maintain stormwater BMP that
eliminates silt and mud track out into the roadway.
38. The existing Food Bank building drainage system encroaches into the future public right
of way. The applicant shall remove the private storm drain systems within the future
public right of way or enter into an Encroachment Agreement with the City.
39. An Encroachment Agreement for the automatic gate push button pedestal located within
the sidewalk and serving Flying Caballos Ranch shall be required.
40. An upgrade to any street end barricades with reflectors will be required.
41. Existing BMPs located on back of sidewalk at 1251 Prospect and 1250 Kendall shall be
maintained to mitigate potential tripping hazards due to the elevation of the sidewalk
above the BMPs. This may be accomplished by installing a barrier at the back of
sidewalk, or similar effective measures as approved by the Public Works Director.
ATTACHMENT B
F
Exhibit F
Offer of Dedication
ATTACHMENT B