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HomeMy WebLinkAbout02/02/1993, 1A - CONSIDERATION OF PROPOSED ANNEXATION AGREEMENTS BETWEEN THE CITY OF SAN LUIS OBISPO AND PROPERTY OWNERS WITHIN THE BOARD STREET ANNEXATION AREA (LAFCO ANNEXATION NO. 38). II11IIII�1111llll1110 1 llul "J f MEETIN Z—?-3 li��ui► c� o san tuts oB�spo COUNCIL AGENDA REPORT ITEM NUMBER: FROM: nold Jonas�Community Development Director; BY: �f Hook, As ociate Planner SUBJECT: Consideration of proposed annexation agreements between the City of San Luis Obispo and property owners within the Broad Street Annexation area (LAFCo Annexation No. 38) . CAO RECOMMENDATION By motion, authorize the Mayor to sign the annexation agreements upon approval of annexation. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION Annexation agreements have been part of discussions with the property owners for several years. The agreements reassure property owners that the newly annexed properties will receive city services, subject to all laws in effect upon annexation. If the City Council does not authorize the agreements, property owners' support for annexation may be affected. BACKGROUND During the city review process of the Broad Street Annexation, staff and annexation area property owners discussed the need for "pre-annexation agreements. " In cooperation with the property owners, staff prepared a standard annexation agreement which describes the current status of the properties, the city services to be provided, and the general responsibilities of property owners upon annexation. The California Government Code allows local governments to enter into such agreements with property owners as part of the annexation process. On July 21, 1992 , the City Council approved a recommended model annexation agreement as part of its overall action to prezone the area and forward the annexation to LAFCo. Staff was then directed to distribute the approved standard agreement to property owners for their consideration in advance of the protest hearing. DISCUSSION The draft agreement has been distributed to all of the area's property owners. Several property owners have indicated they concur with the proposed wording and intend to enter into the agreement: IN Valacal Company (UPS) (Lot l) ■ Coleman Company, Inc. /Cavaletto (Lots 3 and 4) ■ Von's (Lots 90 and 91) ■ Plumbers Union Local #403 (Lot 94) ■ Mel Jones (Lots 98 and 99) ■ Charles French, et. al. (Lot 100) 'd1N�►����IIIIIIu��� ���Il city of San Luis OBlspo COUNCIL AGENDA REPORT Staff Report Page 2 With the exception of the property descriptions, the text of the agreements for all annexation properties is the same (Exhibit A, attached) . Execution of the agreements is not a prerequisite of annexation; property owners may choose not to enter into the agreement. Under the agreement, projects with valid county building permits could proceed in the City as approved by the County. This provision applies only to the Southern California Gas Company project which has a valid county building permit and is to be built on Lot 95. Projects under review by the County, but which have not received building permits would be subject to the same city review procedures upon annexation as other similarly zoned properties already in the city. The Williams Brothers shopping center, proposed on Lots 90 and 91, was approved by Ordinance No. 1216 (19 92 Series) . By this action, the City approved the lots' C-S-PD pre-zoning and adopted the county-approved development plan as the precise plan for the shopping center. No further planning approvals are necessary; however the project would still need to secure building permits from the City upon annexation. Changes to the approved development plan are possible, subject to the usual city review requirements for planned developments. Annexation agreements for property owners who wish to participate will be signed and placed on file in the City Clerk's office for the Mayor's signature prior to final action by the executive officer of LAFCo. ALTERNATIVE 1. Do not authorize the Mayor to sign the annexation agreements. This could undermine city and property owner efforts to finalize annexation. Under the . recommended action, the Mayor retains the authority to not execute the agreements if, as a result of property owner protests, the City Council does not adopt the resolution approving annexation. RECOMMENDATION By motion, authorize the Mayor to sign the annexation agreements upon approval of annexation. Attachment: Exhibit "A" - Standard annexation agreement PREANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND (PROPERTY OWNER'S NAME)' This annexation agreement is made and entered into this day of by and between the City of San Luis Obispo, a chartered municipal corporation, (hereinafter referred to as "CITY"), whose address is 990 Palm Street, PO Box 8100, San Luis Obispo, California 93403-8100; and (owner's name, legal status, and mailing address) (hereinafter referred to as "OWNER"), pursuant to the authority of the City Charter and Section 56000 et. seq. of the California Government Code. CITY and OWNER shall hereinafter be referred to collectively as "PARTIES." RECITALS 1. WHEREAS, (property owner name) is the owner in fee of certain real property in County of San Luis Obispo, commonly known as (street address), (APN #n, further described in the attached Exhibit "A" and referred to herein as the "subject property"; and 2. WHEREAS, the subject property is located within the proposed Broad Street Annexation area, as shown in Exhibit "B"; and 3. WHEREAS, to provide for the City's orderly growth and development, consistent with the General Plan, the PARTIES anticipate that the subject property will be annexed to the City of San Luis Obispo pursuant to terms and procedures of the California Government Code 56000 et seq; EXHIBIT A AGREEMENT NOW, THEREFORE, in consideration of.the mutual promises, covenants and agreements stated herein, PARTIES agree as follows: 1. URBAN SERVICES. Upon annexation, the property shall receive the full range of city services, including but not limited to water and sewer services, police and fire protection, and general government services, some of which are described below in more detail: • Water Service. CITY agrees to provide water service as available for fire fighting and domestic purposes to the subject property upon request of OWNER, subject to the same laws, rules, regulations and fees applicable to other new subscribers in the city under similar circumstances, including but not limited to retrofit requirements. Use of existing on-site ground water or other sources for potable and non-potable purposes may continue, provided they met county standards in effect at the time of annexation. In the event of abandonment or failure of well(s), OWNER shall comply with applicable retrofit requirements of the city in effect at the time of abandonment or failure and may continue to use on-site ground water or other sources as approved by CITY for non- potable purposes only, including landscaping, irrigation and manufacturing. • Sewer Service. CITY agrees to provide sanitary sewer service, as available, to the subject property upon request of OWNER subject to the same laws, rules, regulations and fees applicable to other new subscribers in the city under similar circumstances. Use of existing on-site waste disposal systems which were legally installed under permit from the County of San Luis Obispo may continue, provided they meet county standards in effect at the time of annexation. If such systems are abandoned or fail to meet county standards, connection to city sewer will be required. • Fire Protection. All existing developments in the annexation area may retain existing private fire protection and water supply systems provided they pose no threat to public health and safety and which met County of San Luis Obispo standards in effect at the time of annexation. 2. COMPLIANCE WITH CITY STANDARDS. Once annexed, the property will be subject to the same rules, regulations, laws, and fees that would be applied to other properties in the city under similar circumstances including, but not limited to Building Code, Fire Code, Zoning Regulations, environmental regulations (California Environmental Quality Act), fees, and other provisions of the Municipal Code and state laws. Except as set forth in Exhibit "A," no fees or other requirements shall be imposed as a condition of annexation. Construction of buildings for which building permits have been issued by the county shall be permitted to proceed in the city as approved by the county until such permits expire. Properties for which plans have been submitted for review by the county and for which building permits have not been issued, shall be subject to city review and approval upon annexation. 3. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it shall be the responsibility of the property owner to install and pay for improvements which may be required by permit, law, rule, regulation or mitigation measures described in the Focused Environmental Impact Report for the proposed Broad Street Annexation and referenced in Table 2-2 therein or in any subsequent environmental determination, unless otherwise specified in the Focused Environmental Impact Report (certified on June 16, 1992 by Resolution #8023 - 1992 Series). 4. TERM OF AGREEMENT. The annexation shall become effective upon the recording by the County Recorder of a Certificate. 'The term of this Agreement shall begin upon the effective date of the annexation. The Agreement shall remain in effect until modified or terminated by mutual consent of the PARTIES. In the event the annexation shall not become effective 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. 5. EXISTING CONDITIONS. The CITY assumes no liability with respect to drainage conditions existing prior to annexation of the properties into the city. 6. SUCCESSORS, HEIRS AND ASSIGNS. This Agreement shall bind and inure to the benefit of the heirs, successors, assigns and personal representatives of the PARTIES. 7. AMENDMENT, TIME EXTENSION OR CANCELLATION. This Agreement may be amended, extended, or canceled at any time by mutual consent of the PARTIES or their successors in interest. IN WITNESS WHEREOF, this Agreement is executed on the date above stated at San Luis Obispo, California. OWNER BY: CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation BY: Mayor ATTEST: City Clerk APPROVED AS TO FORM: torn DEPARTMENT APPROVALS: ;;Asd ini rati e Of cer Director =P ' Works ector Communit Ie44ment Director Fin Direc r Fire Chief *'6.