HomeMy WebLinkAbout01-07-2014 ac - greenph1t1i'/".
Í-r ll il--l.:,:l': .r i- I 1
JAN 0 7 2014ApaUSKI MONOSKI M¡.PPNN
CUMBERLAND & GnEEN np
ATIoRNEYS AT LAW
Post Office Box 3835 ' San Luis Obispo, California 93403-3835
T 805-543-0990' F 805-543-0980' zttww.ammcglaw.com
l' . l.i t:. 1,."
fanuary 6,20t4
Honorable Jan Marx, Mayor
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Re: Pacific Beach High School Property
Objection to LUCE Designation as Park
Dear Madame Mayor and Members of the City Council:
Our firm represents the San Luis Coastal Unified School District. We have been asked to
review the City's LUCE process as it would impact the District's Pacific Beach School Property'
The current recommendation is to designate a portion of that property as a public park' On
behalf of the District, we must object to this designation and point out that designating a
significant portion of the Pacific Beach Property as a park would result in a taking of the District
pıperty without payment of just compensation. Nollan v. California Coastal Commission
-tf
q^SZl 4S3 U.S. St5. As set forth in Nollan and the many cases following, requiring a park on
ihe pacifrc Beach property would require a determination of the relative impacts of the proposed
project and a determination that there is a nexus between the proposed development and the
ieqíirea park dedication. Certainly such a showing cannot be made at the LUCE stage nor does
it seem ìit.ty that any proposed development would trigger the requirement for a park
dedication.
'We also note that the School District already provides many acres of open space
recreational ground in SanLuis Obiçpo, In faet, we would feel safe in assumingthat onl-v.the
City provid". -or". Therefore, to again look to the School District to meet the City's perceived
need for park space is unreasonable and unjust. The District does recognize the need for public
park spacì but would ask the City to recognize that the District is already doing its fair share and
more.
Finally, we would like to once again make the City aware that the District's iriterest in
developing its surplus property is solely to generate revenue to educate the youth of San Luis
Obispó. Ãny p.op.rty dedicated to a public park will not be available to generate money for
educàtion. We urge the Council to balance the competing interest and recognize the paramount
importance of education.
AGENDA
CORRESPONDENOH
Date*_*"-"--*ltem
'1. ,'þt *\z'J
Paso Robles Office: 1948 Spring Street . Paso Robles, CA9346-7620 ' T 805-238-2300 'F 805-ZS8-2322
Honorable Jan Marx, Mayor
January 6,2014
Page2
Based upon the foregoing, we would urge the City Council to designate the entirety of the
Pacific Beach Property as Commercial Retail which will allow both retail and residential
development. Such a designation avoids a takings claim and represents the highest and best use
of the property for commercial, residential and, indirectly, educational purposes.
We thank you for your consideration.
Re spectfully submitted,
ADAMSKI MOROSKI MADDEN
CUMBERLAND & GREEN LLP
THOMAS D. GREEN
TDG:tlg
f:\forms\templates\ammg templates\new lh.dot
Kathy Smith, Council Member
Carlyn Christianson, Council Member
Dan Carpenter, Council Member
John Ashbaugh, Council Member
Christine Dietrick, City Attorney
Kim Murry, Community Development
cc: