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HomeMy WebLinkAboutR-9589 Requesting LAFCO Approve the Dalidio (San Luis Marketplace) Annexation - 2005 Dalisio Dri T.. RESOLUTION NO.9589 (2004 Series) A RESOLUTION OF RECOMMENDATION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE THE DALIDIO/SAN LUIS MARKETPLACE ANNEXATION AND DEVELOPMENT PROJECT LOCATED AT 2005 DALIDIO DRIVE (ER, ANNX, GPA, R, U, PD108-02) WHEREAS, the Planning Commission on May 26, 2004, and the City Council commencing on July 6, 2004, have held public hearings on the proposed Dalidio/San Luis Marketplace Annexation and Development Project; and WHEREAS, the City Council on July 7, 2004, by Resolution No. 9588 (2004 Series), certified an Environmental Impact Report (EIR) for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, the Council has approved the amendment of the Land Use Element Map for the annexation known as the Dalidio/San Luis Marketplace Annexation by designating: 48.7 acres of the property to General Retail; 8.1 acres as Office; 3.3 acres as Medium -High Density Residential; 54.7 acres as Open Space; with the remainder 16.2 acres allocated toward roads and interchange right-of-way, as shown on the attached Exhibit A; and WHEREAS, the Council has approved the amendment of the Zoning Map for the annexation known as the Dalidio/San Luis Marketplace Annexation by prezoning 48.7 acres of the property to C-R-PD, Retail -Commercial with the Planned Development overlay zoning; 8.1 acres as O-S, Office with the Special Consideration overlay zoning; 3.3 acres as R-3-S, Medium -High Density Residential with the Special Consideration overlay zoning; 45 acres as AG, Agriculture; 9.7 acres as C/OS-40, Conservation/Open Space with a 40-acre minimum parcel size; with the remainder 16.2 acres allocated toward roads and interchange right-of-way, to be consistent with the amended LUE map designations already described and as shown on the attached Exhibit. B; and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission to initiate formal annexation proceedings; WHEREAS, the territory proposed to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Section 2; and WHEREAS, this proposal is consistent with the sphere of influence of the affected city. THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as follows: Resolution No. 9589 (2004 Series) Page 2 SECTION 1. Findings. 1. The annexation is appropriate since it is within the City's Urban Reserve Boundary, and the site is contiguous to the City. 2. The annexation of the site is a logical addition to the City due to its location in relation to existing urban development. 3. The proposed General Plan Amendment to modify the Land Use Element Map anticipates land use designations for the site which are consistent with project plans and proposed zoning categories. 4. The annexation will enable the City to achieve its General Plan goals, including - a). Consistency with LUE Policy LU 3.1.2 through the development of a regional -serving shopping center in the area around the intersection of Highway 101 and Madonna Road. b). Consistency with LUE Policy LU 8.8 & Open Space Policy OS 0.2.1 (A) by preserving significant parts of the Dalidio property as a signature working agricultural landscape at the southern gateway to the City c). Consistency with Circulation Element policies (8.10 & 8.15) by creating a new highway interchange at Prado Road and improving Citywide circulation by having another east -west arterial street that crosses Highway 101. SECTION 2. Annexation Area Described. The annexation consists of approximately 131 acres of the Dalidio property, bounded on its east side by Highway US 101, and located immediately southwest of the SLO Promenade, in the City of San Luis Obispo, County of San Luis Obispo, Assessor's Parcel Number 067-121-022, as shown on the attached map, Exhibit C, and legally described in the attached Exhibit D. SECTION 3. Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation subject to property owner compliance with city requirements regarding environmental mitigation and public improvements as described in the project's EIR, in accordance with California Government Code Section 56844 et seq. SECTION 4. Implementation. The City Clerk shall forward a copy of this resolution, general plan resolution and prezoning ordinance, Final EIR, and all pertinent supporting documents to the Local Agency Formation Commission. NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the City Council of the City of San Luis Obispo. Resolution No. 9589 (2004 Series) Page 3 On motion of Council Member Ewan, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Member Ewan, Vice Mayor Schwartz and Mayor Romero NOES: Council Member Mulholland ABSENT: Council Member Settle the foregoing resolution was passed and adopted this 7t' day of July, 2004. MayorDavid F. Romero ATTEST: Diane Reynol ,T.M.C. Deputy City APPROVED'AS TO FORM: Jon . Lowell City Attorney ROAD RIG 7 4 0 500 1000 1 INCH = 500 FEET EXHIBIT A: GENERAL PLAN AMENDMENT MAP LEGEND ® GENERAL RETAIL ® OFFICE OPEN SPACE OPEN SPACE ® MEDIUM • HIGH DENSITY RESIDENTIAL ® ROAD RIGHT OF WAY SOURCE: CANNON ASSOCIATES, JUNE 28, 20U O EXHIBIT B: PREZONING ROAD RIG (74 0 500 1000 1 INCH = 500 FEET LEGEND ® C-R-PD, RETAIL - COMMERCIAL WITH THE PLANNED DEVELOPMENT OVERLAY ® OS, OFFICE WITH SPECIAL CONSIDERATION OVERLAY CIOS40, CONSERVATIONIOPEN SPACE, WITH A 40 - ACRE MINIMUM PARCEL SIZE AG, AGRICULTURAL ® R-", MEDIUM - HIGH DENSITY RESIDENTIAL WITH THE SPECIAL CONSIDERATION OVERLAY ® ROAD RIGHT OF WAY SOURCE: CANNON ASSOCIATES, JUNE 28, 2004 fill 6101 IM tre Exhibit D DALIDIO/SAN LUIS MARKETPLACE ANNEXATION LEGAL DESCRIPTION Real -property in the Unincorporated area of San Luis Obispo said County of San Luis Obispo, State of California, described as follows: Parcel 1: That portion of Lot 64 of the Subdivisions of the Ranchos Canada de Los Osos and La Laguna, in the County of San Luis Obispo, State of California,. according to map filed for record In Book A, Page 83 and 84 of Maps, in the office of the County Recorder of said County, described as follows:, Beginning at the Northeast comer of said Lot 64; thence North 55 1/20 West, 10.i0 chains to post marked M. R. No. 3; thence South 41024' West, 19.96 drains to post marked M. R. No. 4; thence South 55 1/20 East, 15.25 drains to the Southeast comer of said Lot 64; thence North 26 1/20. East, 20.00 drains to the point of beginning. 'EXCEPTING therefrom that portion conveyed to the State of California by deed dated October15, 1947 and recorded December 18, 1947 in Book 464, Page 87 of Official Records. iV110=1W That portion of Lot 65 of the Subdivisions of the Ranchos Canada de Los Osos and La Laguna, in the County of San Luis Obispo, State of California, according to map filed for record in Book A, Page 83 and 84 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Northeast comer of said Lot 65; thence North 55 1/20 West, 12.19 chains; thence South 50 1/2° West, 19.42 chains to a point In the Une of fence; thence along. said fence South 55 1/2° East, 20.15 chains to post on the Southeast line of said Lot; thence Northerly 18.90 chains to the point of beginning. EXCEPTING therefrom that portion conveyed to the State of California by deed dated October 15, 1947 and recorded December 18, 1947 In Book 464, Page 87 of.Official Records. PARCEL 3: All of Lot "r of the Resubdiviston of Lots 58, 61, 62, 63, 64, and 65 as per 1. T. Stratton's Survey and map of the Subdivisions of the Ranchos Canada de Los Osos and La Laguna, 16 the County of San Luis Obispo, State of California, according to map filed for record January 30, 1875 In Book A, Page 161 of Maps, In the office of the County Recorder of said County. EXCEPTING therefrom that portion conveyed to United States Postal Service by deed dated August 5, 1980 and recorded September'S, 1980 in Book 2266, Page 904 through 906 of Official Records as subsequently corrected by a Grant Deed dated May 7, 1981 and recorded June 10, 1981 in Book 2332, Page 318 through 320 of Official Records. PARCEL 4: That portion of Lots L, M and N of the Resubdivisions of Lots 58, 61, 62, 63, 64, and 65 as per J. T. Stratton's Survey and Map of the Subdivisions of the Ranchos Canada de Los Osos and La Laguna, in the County of San Luis Obispo, State of California, according to map filed for record January 30, 1875 in Book A, Page 161 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at stake marked "N.N." at the most Southerly corner of said Lot "L" thence South 55 1/20 East along the Northeasterly line of said Lot "M", 3.06 chains to the most Easterly corner of said Lot "M", thence South 501/2° West along the Southeasterly line of said lots 'M" and "N", 19.44 chains to the Southerly corner of said Lot "N"; thence North 55 1/21 West along the Southwesterly line of said Lot "N", 11.12 chains to postmarked "A.E" at the Easterly comer of Lot "0" of said subdivisions; thence. North 371 West along the Northeast line of said Lot "0", 1.42 = chains to the center of Foreman Creek and the most Southerly corner of the lands of Rosa Machado; thence along the center of said creek and along the Easterly One of the lands of Rosa Machado on the following courses and distances: North 18 1/40 East,1.17 chains; North 6 1/40 West, 2.62 chains; North 13 3/40 East, 2.50 chains; North 18 1/20 East, 2.50 chains, North 130 East, 2.50 chains, North 31/2° East, 2.25 chains, North 180 East, 4 chains to the top of the bank as the Easterly side of A ditch carrying the water out of the Laguna Into Foreman Creek; thence along the Easterly bank of said ditch and the Easterty Line of the lands of said Rosa Machado, North 11/40. East,.2.25 chains, North 211/2° West, 2.79 chains; North 90 West, 4.21 chains to the Southerly One of the Los Osos Road; tam North 621/20 East; along the Southerly line of the said Road 9.83 chains to a stake: marked "M.M." at the most Northerly comer of said lot "L"; thence South 466 East along the Ones between Lots "K' and "L' of said subdivision; 24.72 chains to post marked "A.L." at the most Easterly corner of said Lot'L"; thence South 413/40 West along the Southeasterly line of said Lot "L", 8.90 chains to the point of beginning. EXCEPTING from said Parcel 4 that portion thereof conveyed to Ray C. Skinner, et inc., by deed dated January 12,1960 and recorded January 29, 1960 In Book 1045, Page 234 of Official Records. ALSO EXCEPTING from said Parcel 4 that portion described in the Final Judgment of Condemnation recorded June 26, 19751n Book 1840, Page 217 of Official Records. Said portion is more particularly described as follows: A portion of Lots M and N of the R. R. Harris ResubdivLsion of Lots 58 and 61 of the Ranchos Canada de Los Osos and La Laguna as filed in Book A, Page 161 of Maps, in the office of the Recorder of the County. of San Luis Obispo, California, described as follows: Beginning at the most Northerly point of Tract 169, as recorded in Book 6, Page 45 of Maps as filed In the office of the Reorder of the county of San LULs Obispo, CaOfomia, said point being on the Southerly One of Madonna Road,thence along said Southerly One of Madonna Road wtdcfh bears North 62°30' East a distance of 54.90 feet; thence South S°48'47" East a distance of 246.80 feet; thence South 1905T37" East a distance of 244:39 feet; thence South 002653" West a dtstanoe of 182.46 feet; thence South 20033'06" West a distance of 235.26 feet; thence South 3°SVS7" West a distance of 252.36 feet; thence South 14°21'20" West a distance of 373.89 feet; thence South 1°0032' East, a distance of 322.13 feet; thence North 55°30' West a distance of 63.90 feet; thence along the Easterty line of Tract 169 to the true point of beginning through the following courses: North 7025'16" East, a distance of 116.08 feet; thence North 1°00'32" West, a distance of 154.16 feet; thence North.903739' East, a distance of 128.27 feet; thence North 1402170" East, a distance of 267.10 feet; thence North 30SV57' East, a dance of 2.28.68 feet; thence North 11014'33" East, a distance of 101.44 feet; thence North 1604213" East, a distance of?07.16 feet; thence North 0026'53" East, a distance of 100.02 feet; thence North 1905T37" West, a distance of 215.04 feet; thence North 5048'4' West, a distance of 201.68 feet; thence North 14039'55" West, a distance of 71.55 feet to the point of beginnirg.