HomeMy WebLinkAbout10/04/1994, 4 - R/ANNX/ 54-93: CONSIDERATION OF PREZONING AND ANNEXATION OF A 22.05 ACRE SITE ON THE EAST SIDE OF SOUTH HIGUERA STREET BETWEEN TANK FARM ROAD AND SUBURBAN ROAD. IIINfl1�N��I�IIiI�I j "J 1' MEETING DATE:
C� � San �..lIs OBISpO 10/4/94
COUNCIL AGENDA REPORT ITEM NUMBER:
From: Arnold Jonas, Community Development Director
Prepared by: Whitney McIlvaine, Associate Planner
SUBJECT: R/ANNX/ 54-93: Consideration of prezoning and annexation of a 22.05 acre site
on the east side of South Higuera Street between Tank Farm Road and Suburban Road.
CAO RECONDIENDATION
a) Pass to print an ordinance prezoning the annexation area Service-Commercial (C-S) and
approving the mitigated negative declaration of environmental impact, ER 54-93.
b) Adopt a resolution recommending that LAFCo approve the annexation.
REPORT IN BRIEF
On March 1, 1994, the City Council denied the TK Annexation proposal, based on findings
noted in the attached Council resolution. However, in the course of review and adoption of the
Land Use Element, the Council 1) adopted new policies regarding annexation, open space,
agricultural resource protection, and water management; and 2) agreed to consider the TK
Annexation apart from the rest of the Airport Area. The applicant, is therefore, asldng for
Council approval of essentially the same project as was originally proposed.
The project involves arinexation and prezoning only,although a conceptual development plan has
been submitted for preliminary comments. Further subdivision and site development will be
reviewed separately upon receipt of appropriate applications. Because approval of annexation
and prezoning is a legislative act, the project must be accepted or rejected as it's proposed.
Approval cannot be conditioned.
Minutes of Council and Planning Commission meetings, at which the project was previously
discussed, are attached.
DISCUSSION
Project Scope
The applicant is requesting that the 22.05 acre site be annexed into the City and prezoned
Service-Commercial, consistent with the updated Land Use Element_ Roughly 3.5 acres of the
site are currently developed with ministorage warehouse buildings; the remaining area is vacant.
No site development is proposed at this time.
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COUNCIL AGENDA REPORT
TK Annexation
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Data Summary
Applicant: M. Timm Development, Inc. and Larry Kreutzkampf, a partner
Representative: Vic Montgomery and Dean.Benedix, RRM
General Plan: Services and Manufacturing
Project Action Deadline: Legislative actions are not subject to processing deadlines.
Environmental Status: A draft initial environmental study was approved for publication by the
Director on November 12, 1993. It has been updated to reflect minor project changes in
response to Land Use Element policy changes.
Planning Commission Recommendations and Subsequent Policy and Proiect Changes
On November 17, the Planning Commission reviewed the annexation and prezoning request and
recommended:
1. Council approval of the annexation prior to consideration of the rest of the Airport Area
because of the site's adjacency to the current city limits, and because the property can
easily be served by extensions of existing utilities and by existing police and fire
protection.
The availability of utilities and services has not changed.
2. Project compliance with a 1977 Land Use Element policy requiring "minor annexations"
to contribute open space protection at a ratio of 4 acres of open space to each 1 acre of
land to be developed.
The 1994 Land Use Element Update no longer makes a distinction between "major" and
'minor' annexation areas. Open space policies affect this project only in so far as it will
ultimately involve development ofprime agricultural land. Land Use Element policy 1.8.2
states that development of prime agricultural land may be permitted if the project ensures
protection of agricultural land in the urban reserve or greenbelt area by:
a. acting as a receiver site for transfer of development credit from prime agricultural
land of equal quantity; or
b. securing for the City or for a suitable laud conservation organization open space
easements or fee ownership with deed restrictions; or
c. helping to directly fund the acquisition of fee ownership or open space easements by
the City or a suitable land conservation organization.
The applicant is proposing to satisfy the requirement for protection of open space and
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COUNCIL AGENDA REPORT
TK Annexation
Page 3
agricultural land through the third alternative, by including an $88,000 in-lieu fee
contribution to the City's park lands fund now - as pan of the annexation proposal -
rather than later, as part of a site development plan application.
3. Council approval of a general plan amendment and prezoning of Service-Commercial,
with a Special Consideration overlay applied to undeveloped portions of the site.
A general plan amendment was originally required in order to change the land use
designation on the 1977 general plan Land Use Element map from Rural Industrial to
Service-Commercial/Light Manufacturing. The amendment is no longer necessary since
the newly adopted land Use Element map now designates the property Services and
Manufacturing.
The 1977 Land Use Element policies required a development plan to be submitted with
an annexation proposal. The Special Consideration overlay zoning was originally
proposed in-lieu of a full development plan. Policy 1.13.2 of the 1994 Land Use Element
states that areas within the urban reserve line which are to be developed with urban uses
should be annexed before urban development occurs. Policy 1.13.3 states that land
within an annexed area can only be developed after City approval of a development plan.
Together these policies provide for separately processing an annexation request and a
development plan request. Staff feels that adequate land use controls exist without the
Special Consideration zoning, which would require the Planning Commission to approve
every use proposed for the site.
Previous Council Review and Subsequent Policy and Proiect Changes
This application for annexation and prezoning of roughly 22 acres along South Higuera Street
was first reviewed by the Council on December 7, 1993. Discussion focused on C-N versus C-S
prezoning; open space requirements; impacts on the neighborhood of possible future land uses,
including uses with a regional draw. Six members of the public commented on the project. The
Council continued action on a vote of 4 to 1 with direction to staff to work with the applicant
regarding C-S rather than C-N zoning and provision of open space. (See attached minutes.)
Two aspects of the project were revised prior to Council's March 1 meeting. The request for
C-N zoning was eliminated. Instead, a base zoning of Service-Commercial was proposed for
the entire site. Also, the project was revised to include an $88,000 in-lieu contribution to the
City's park lands fund to comply with the general plan annexation policy requiring minor
annexations to provide open space. The project was denied on a vote of 3 to 2 as noted in the
attached Council resolution, based on findings that:
1. Annexation of the project area should be considered together with the rest of the Airport
Area.
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COUNCIL AGENDA REPORT
TK Annexation
Page 4
At the July 27 public hearing, Council agreed to remove the TK Annexation area from the
Airport Area speck plan boundaries, and to reconsider the annexation proposal.
2. The in-lieu fee for purchase of open space did not adequately meet the intent of
general plan annexation policies.
If the proposed in-lieu contribution is not satisfactory, the Council could deny the
prezoning, finding the project inconsistent with general plan agricultural preservation
policies, or the issue of agricultural land protection could be deferred until a site
development plan application is submitted. Consistent with Land Use Element policy
1.8.2, the project could act as a receiver site for transfer of development credit from
prime agricultural land of equal quantity elsewhere, in addition to providing an in-lieu
fee contribution. The feasibility of acting as a receiver site could be studied further in
conjunction with development plan review.
3. The City should not annex additional land until additional water resources are secured.
Land Use Element policy 1.13.4 states that actual development in annexed areas may be
approved only when adequate City services can be provided for that development, without
reducing the level of services or increasing the cost of services for existing development
and for build-out within City limits as of July 1994, in accordance with the Ciry's water
management policies. Water for development in an annexed area may be made available
by any one or any combination of the following:
a. Ctry water supply, including reclaimed water;
b. Reducing usage of City water in existing development so that there will be no net
increase in long-term water usage; '
c. Private well water, but only as an interim source,pending availability of an approved
addition to City water sources, and when it is demonstrated that use of well water
will not diminish the City's municipal groundwater supply.
The applicant is studying the feasibility of using on-site well water, which will likely
require treatment to remove excess nitrates,for site development, consistent with the third
option. In reviewing this proposal, the Utilities Director concluded that the amount of
water which development on the site is likely to use probably will not diminish the City's
groundwater supply.
Annexation
The San Luis Obispo Local Agency Formation Commission (LAFCo) authorizes annexation.
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TK Annexation
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In this case, LAFCo proceedings were initiated by the applicant. City and LAFCo policies
require that the Planning Commission and City Council determine the appropriate general plan
land use designation and zoning for the site to be annexed. LAFCo review will resume once
Council acts on the prezoning. Final Council action is taken on the site zoning after LAFCo
review. Preliminary discussions with LAFCo staff indicate they plan to support the annexation
because of the project's location and availability of utilities and services, providing City Council
approves the prezoning and agrees to commence tax revenue negotiations.
Prezoning I Land Use
The project proposes a prezoning of Service-Commercial for the entire site, consistent with both
the City and County general plan updates, which designate this site for service-commercial uses.
Located immediately to the south of Higuera Commerce Park, the site is a logical extension of
the service-commercial uses allowed there.
Although no additional site development is being proposed as part of this application, the layout
of the preliminary development plan is based on certain ideas regarding future land uses. As
described to staff, the developer envisions a commercial shopping center along South Higuera
Street, with a grocery store, and other uses allowed in the'C-S zone. Remaining lots would be
individually developed with commercial service and office uses allowed in the C-S zone.
Planning Commissioners and members of the public expressed reservations regarding the
appropriateness of this site for a shopping center. The Commission concluded that endorsement
of the shopping center proposal would be premature without first reviewing a more specific site
development plan. More recent meetings between the developer and neighborhood groups
generated letters of support (attached) for a small shopping center along South Higuera Street.
Environmental Impacts '
The initial environmental study (ER 54-93) concludes that most of the potential environmental
impacts will be associated with future site development rather than a direct result of the
annexation and prezoning. A summary of recommended mitigation measures is attached to this
report as Exhibit C. An update is included at the beginning of the initial study which outlines
minor changes in the project in response to the newly adopted Land Use Element.
The most significant impacts resulting from projected future development of the site would be
on traffic and circulation. The traffic study prepared for this project by ATE and Associates
estimates that future site development, as envisioned by the developer, could generate between
7,000 and 8,000 average daily trips. The report concludes that with road widening, restriping,
and signalization, the adjacent streets could handle the additional traffic. The initial study
recommends a list of mitigations to help offset associated impacts related to air quality. Related
noise impacts will need to be addressed with specific development plans.
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COUNCIL AGENDA REPORT
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Preliminary Develoument Plan
The applicant has submitted a preliminary development plan and is informally requesting pre-
application comments from the Council. Staff has considered various aspects of the preliminary
development plan, such as lot size and orientation, and site access and circulation, and
recommends that plans for any future tract map application be revised as follows:
* Provide a least one other large lot (3 to 5 acres) outside the area proposed for a shopping
center to help ensure adequate land area for new or expanding light industry. A 4-acre
minimum lot size is required in the southern 30 acres of Higuera Commerce Park.
Informal conversations with local manufacturers indicate a shortage of available land
sufficient in size to accommodate new or expanding, larger manufacturing and service-
commercial businesses. Currently there are 7 vacant parcels zoned C-S inside city limits,
only 1 of which has a minimum area of 4 acres.
* Orient the long side of lots less than one acre in size within 30 degrees of south, or
specify building envelopes that will help ensure future buildings are able to maximize use
of natural daylighting, consistent with the City's subdivision standards.
* Eliminate direct access from South Higuera Street, or provide an alternative driveway
location acceptable to the City Engineer.
* Provide circulation through the site from Suburban Road to Tank Farm Road by aligning
the northern end of the internal street with Long .Street across Tank Farm Road, or by
installing improvements to the satisfaction of the City Engineer, consistent with the
master circulation plan approved by the County.
CONCURRENCES '
Public Works staff are concerned about the possible traffic impacts resulting from the proposed
intensity of future site development. Public Works, Fire, and Utilities have recommended that
the developer install or dedicate land for improvements to roads and utility systems as conditions
of future site development and subdivision. The County Airport Manager notes that allowed
uses should be compatible with the airport operations. The APCD has submitted a list of
possible ways to mitigate air quality impacts associated with increased traffic. Comments from
other departments and affected agencies are attached to the initial environmental study, ER 54-
93.
FISCAL IMPACT
City costs and revenues resulting from annexation will be analyzed in detail by staff before final
Council consideration. City and County negotiation for transfer of property tax revenue will be/
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i COUNCIL AGENDA REPORT
TK Annexation
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concurrent with the LAFCo review process. A preliminary recommendation regarding property
tax disbursement is attached. The estimated property tax revenue generated by the property in
fiscal year 1993-94 is approximately$26,000.00. Based on initial discussions with LAFCo staff,
it is anticipated that the County's current policy regarding property tax allocations upon
annexation will continue. The County will retain its existing share of "base" property revenues
(about $6000 annually) and the City will receive its "normal" share of property tax revenues
from properties currently in the City (about 15%) from any future "increment" (increase from
the base of$26,000) in property tax revenues in this area. Presumably future site development
would yield additional revenue to the City from sales tax and utility user fees. The cost of
supplying water would be offset by impact fees and through required plumbing retrofitting.
Public costs of annexation include electricity for street lighting and traffic signals, maintenance
of water and sewer delivery systems, street maintenance (including sidewalks,
street trees, and signals), public transit operations, and police and fire service.
As conditions of future site development or subdivision, the developer will be required to install
improvements to adjacent roads, signalization, street lighting, and utility service lines.
ALTERNATIVES
1. The City Council may deny the proposed prezoning and annexation if it determines the
project does not adequately meet the intent of the General Plan annexation policies.
2. The Council may continue action on the project with direction to the applicant and staff.
���� ► �IIIIIIIII�I �u� � city of San WIS OBISp0
i COUNCIL AGENDA REPORT
TK Annexation
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Attachments
Vicinity map and site plans
Draft ordinance for prezoning
Draft resolution supporting annexation
Draft resolution denying the prezoning .
Exhibit A - Prezoning Designation
Exhibit B - Summary of Environmental Mitigation
Exhibit C - Airport Area Context Map
Exhibit D - Metes and Bounds Property Description
Survey of greenbelt land values
Letters from the public
March 1, 1994 Council resolution
Planning Commission and Council meeting minutes
A copy of the initial environmental study is available in the Council Office.
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ORDINANCE NO. (1994 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
TO AMEND THE OFFICIAL ZONING MAP
TO PREZONE APPROXIMATELY 22.5 ACRES C-S
FOR PROPERTY LOCATED AT 154 SUBURBAN ROAD
(R/ANNX 54-93)
WHEREAS, the Planning Commission and the City Council have held hearings to
consider appropriate zoning for the proposed annexation area in accordance with Section 65800
et. seq. of the California Government Code;
WHEREAS, the prezoning comes to the Council with a favorable recommendation from
the Planning Commission; and
WHEREAS, the potential environmental impacts of the change have been evaluated in
accordance with the California Environmental Quality Act (CEQA) and the City Environmental
Guidelines.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Zoning Map Designation The annexation area shall be prezoned Service-
Commercial (C-S) as shown on the attached map marked Exhibit A and included herein by
reference. This prezoning becomes effective upon the date of the final action by the City
Council on the annexation.
SECTION 2. Environmental Determination. The City Council hereby approves a
mitigated negative declaration (ER 54-93), based on a determination that the project will not
have any significant adverse impacts on the environment, provided that mitigation measures,
attached as Exhibit B, are incorporated into the project.
SECTION 3. Finding . The prezoning designations are based on the following findings:
1. The proposed prezoning will not be detrimental to the health safety and welfare of
persons living or working in the area or at the site.
2. The proposed prezoning is consistent with the general plan.
3. The proposed prezoning is appropriate at the proposed location and will be compatible
with surrounding land uses.
4. The prezoning will not have a significant adverse impact on the environment, and has
been granted a negative declaration subject to the mitigation measures identified above
being included in the project.
4-11
SECTION 4. Publication and Implementation. A summary of this ordinance, together
with the names of Council members voting for and against, shall be published at least five (5)
days prior to its final passage, in the Telegram-Tribune, a newspaper publisher) and circulated
in said city, and the same shall go into effect upon the date of final action by the City Council
on the annexation.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the day of 1994, on motion of
seconded by , and on the following roll call vote:
Ayes:
Noes:
Absent:
Mayor
ATTEST:
City Clerk
APPROVED:
OLE
rCity At rney
4 - 1L
RESOLUTION NO. (1994 Series)
A RESOLUTION BY THE SAN LUIS OBISPO CITY COUNCIL
REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION
APPROVE SLO COUNTY ANNEXATION # 40
AT 154 SUBURBAN ROAD
(City File No: R/ANNX 54-93)
WHEREAS, the Planning Commission and City Council have held hearings on the
proposed annexation; and
WHEREAS, the potential environmental impacts of annexation have been evaluated in
accordance with the California Environmental Quality Act (CEQA) and the City Environmental
Guidelines; and
WHEREAS, on recommendation of the Planning Commission and as a result of its
deliberations, the Council is proceeding with prezoning of the annexation property, as required
by the Local Agency Formation Commission (LAFCo); and
WHEREAS, the proposed annexation is compatible with the City's General Plan;
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Findings.
1. Annexation is appropriate since the site is contiguous to the City on its north and
west sides.
2. Annexation of the site is a logical addition to the City due to its location and
availability of services.
SECTION 2: Annexation Area Described. The TK Annexation shall consist of that area,
covering approximately 22 acres along South Higuera Street between Tank Farm Road and
Suburban Road, assigned an Assessor's Parcel Number of 76-352-054, as shown in the vicinity
map attached as Exhibit C and described in metes and bounds in attached Exhibit D.
SECTION 3: Council Recommendation: The City Council hereby recommends that
LAFCo approve the annexation subject to compliance with City requirements regarding
environmental mitigation as described in the project's negative declaration, and attached in
summary as Exhibit B.
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SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution,
prezoning actions, the negative declaration of environmental impact, and all pertinent supporting
documents to LAFCo.
On motion of , seconded by ,
and on the following roll call vote:
Ayes:
Noes:
Absent:
the foregoing resolution was passed and adopted this day of 1994.
Mayor
ATTEST:
City Clerk
APPROVED:
-11n City Attorney
4- 14
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST FOR A PREZONING
FOR A PROPOSED ANNEXATION OF 22.05 ACRES
AT 154 SUBURBAN ROAD (R/ANNX 54-93)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of a request to prezone
the proposed annexation site C-S; and after consideration of the Planning Commission's
recommendations, staff recommendations, public testimony, and reports thereof, makes the
following findings:
utn s eceesnn.` iii ;tie t
SECTION 2. Denial. The request for approval of the prezoning described above is
hereby denied.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this _ day of , 1994.
Mayor
4 - I5
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ATTEST:
City Clerk. — - ------_- .. .
' APPRO�(ED:
city Attorney-- - -
4-1
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EXHIBIT
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EXHIBIT B
V. SUMMARY OF RECOMMENDED MITIGATION MEASURES
TK ANNEXATION
R/ANNX 54-93
September, 1994
Land Use Element Consistency
■ If specialty retail stores are deemed desirable to serve nearby residential neighborhoods,
a cap on the amount of square footage allocated to specialty retail uses should be
established as part of a Special Consideration (S) or Mixed-Use (MU) overlay zoning to
avoid conflict with City policies which favor concentrating specialty retail stores in the
downtown and in the shopping centers on Madonna Road, in conjunction with
development plan review.
Airport CompatibilitX
■ Future site development must incorporate design measures that will limit the interior
noise level of all residential units to 45 dba, in accordance with FAA standards, to the
satisfaction of the Chief Building Official.
■ The use of materials.- especially in the roof- shall be nonreflective to reduce glare. The
use of mirrored or reflective glass shall be prohibited.
■ Prior to further subdivision or site development,developers of property within the project
site must record an avigation easement to the satisfaction of the Airport Area Land Use
Commission.
■ Any master list of allowed uses established for the project site must be consistent with
the Airport Area Land Use Plan or its successor. (Completion of a draft specific plan
for the airport area is scheduled for mid-1994.)
Agricultural Compatibility
■ At the time of sale or lease, the applicant should disclose to prospective buyers and
tenants the consequences of existing and potential intensive agricultural operations on
nearby parcels including but not limited to dust, noise, odors, agricultural chemicals, and
the County's Right to Farm Ordinance. A copy of such disclosure should be submitted
to the Community Development Director for review, approval, and recordation prior to
any further subdivision or site development.
Traffic and Circulation
■ To offset a potentially significant reduction in the level of service for nearby roads and
intersections, to minimize hazards for pedestrians, and to provide for a logical circulation
system,.future site development and subdivision projects should incorporate:
� 'Ig
TK Annexation Mitigation
ER 54-93
Page 2
* Road widening along South Higuera Street and Tank Farm Road.
* Signal installation at the intersection of Suburban Road and South Higuera Street.
* Synchronization of signals along South Higuera Street.
* Bus turn-out northbound on South Higuera Street and eastbound along Tank Farm
Road.
* Right turn lane from South Higuera Street onto Tank Farm Road.
* Contributions to the cost of off-site improvements necessitated by cumulative
traffic impacts.
* Crosswalk striping, islands, and signs for pedestrian safety.
* Elimination of direct access from South Higuera Street, or provision of an
alternative driveway location acceptable to the City Engineer.
* Aligning the northern end of the internal street with Long Street across Tank
Farm Road, or installing road improvements to the satisfaction of the City
Engineer, consistent with the master circulation plan approved by the County.
Public Services
■ When traffic signals are installed or relocated, emergency preemption devices shall be
required to expedite emergency access.
Utilities .
■ Future site development or subdivision should include a 30' x 30' easement at the
southeasterly corner of South Higuera Street and Tank Farm Road to accommodate a
future sewer lift station.
Air Quality
■ Future site development should include measures to minimize negative impacts to air
quality, such as:
* Extensive tree planting in the parking areas to reduce evaporative emissions from
automobiles.
TK Annexation Mitigation
ER 54-93
Page 3
* A carpool/rideshare/public-transit information bulletin board installed in a visually
prominent and easily accessible location.
* Weatherproof and lockable bicycle storage, as well as short-term bicycle parking racks.
* . A plan for dust control during construction.
* Bicycle parking and shower and locker facilities for employee use.
*
'Clean-fueled" or electric shuttle service to link the neighborhood-serving aspect of the
project to nearby residential development.
* Bus turnouts along South Higuera Street and Tank Farm Road.
* Shared-use parking reduction.
* Designated carpool parking.
* On-site food facilities to encourage employees to stay on site during the lunch hour.
Plant Life
■ All Monterey cypress trees to remain shall be protected during any future construction
to the satisfaction of the City Arborist.
■ The subdivider shall dedicate street right-of-way along South Higuera of sufficient width
to accommodate street widening and a sidewalk located so as to avoid unnecessary tree
removal to the satisfaction of the City Engineer.
Archaeological Resources .
■ If any archaeological resources are found during site preparation, all earth-work within
150 feet of object(s) shall cease until the resources have been evaluated by a qualified
archaeologist. Any additional mitigation measures recommended by the archaeologist
shall be evaluated by the Community Development Director, and upon Director approval,
implemented by the applicant.
Energy/Resource Use
■ To encourage efficient use of energy and natural resources, newly created lots which are
less than one acre in size should be oriented so that their longest side is within 30
degrees of south, or building envelopes shall be established to optimize solar exposure
4-Zo
TK Annexation Mitigation
ER 54-93
Page 4
for natural daylighting.
■ To protect solar exposure for likely locations of future collectors, any trees planted along
the southern side of proposed buildings should be deciduous.
■ Future construction projects shall include a solid waste recycling plan for recycling
discarded materials, such as concrete, sheetrock, wood, and metals, from the
construction site. The plan must be submitted for approval by the City's Solid Waste
Coordinator or the Community Development Director, prior to building permit issuance.
■ Future site development should incorporate:
* Skylights to maximize natural daylighting.
* Operable windows to maximize natural ventilation.
* Energy-efficient lighting systems for both interior and exterior use.
* Facilities for interior and exterior on-site recycling.
Soil Contamination
■ No buildings, septic systems, or other structures shall be constructed above the
approximate area of contamination.
■ Wells for domestic or non-potable use shall not be located near known areas of soil
contamination. Well location and use shall be subject to approval of the City Council.
4-21
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EXHIBIT C
Being a portion of Lots 1, 2 , and 3 of the subdivision of Lots
24 , 26, 31, the North half of Lots 18 , ' 23 , 27 , 30, and the
South portion of Lot 17 of the Harford and Chapman Subdivision,
in Township 31 South, Range 12 East, Mount Diablo Base and
Meridian (now lying within the Vachell Tract) , in the County of
San Luis Obispo, State of California, according to map thereof -
filed February 61 1893 in Book 1, Page 4 of Record of Surveys,
being more particularly described as follows:
Commencing at the. northeast corner of said Lot 3 ;
Thence along the east line of said Lot 3 South 20. 00 feet to
the TRUE POINT OF BEGINNING;
Thence continuing along said line South 972 . 06 feet to the
North right-of-way line of Suburban Road (having a fifty
foot right-of-way width) ;
Thence along said line West 1226.49 feet to the southeasterly
right-of-way line of South Higuera Street (having a sixty-six
foot right-of-way width) ;
Thence along said line North 26015 ' East 1087 .71 feet to the
South right-of-way line of Tank Farm Road (having a forty foot
right-of-way widty) ;
Thence along said line South 89045 ' East 739. 14 feet to the
TRUE POINT OF BEGINNING.
Contains 22. 05 acres.
Alan L. Volbrecht l .S . 5201 (exp. 6-30-95)
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EXHIBIT D
MEMORANDUM
Date: January 5, 1994
To: File
From: Deborah Hollowell
Job Name: T K Annexation Job No.: E93805
Re: Property Values/Prices
The following information is from phone conversations on this date in which I asked for
information regarding recent sales, or current listings for ranch, grazing or ag property. We
also discussed unusable property, "cabin" property with an eye toward anything without
significant development potential.
Per Ken Marks, Santa Lucia Properties. Atascadero 466-6770:
• Price or value for open space land can only be set by current value (appraisal).
• Location is biggest factor.
• If you are going to establish an easement an appraisal must be done to account for
economic loss.
• The "farmer's price" for grazing land or dry crop farm land should be $365/acre - no
more than $500/acre.
• Current listing: 500± acres in North County at $700/acre.
Per John Kuden 541-6257:
• Cattle land in SLO area $1,200 to $2,000/acre.
• Recent appraisal in Arroyo Grande/Huasna area by Santa Maria appraiser$800/acre
(parcel size over 100 acres).
Per Real Estate Group 541-2888:
Per Kirk Graves at Real Estate Group:
• Class I cropland $6,000 to 8,000/acre.
• Grazing only land should not be more than $2,000/acre.
4--/ 4T
0 Over the last two years: Three parcels on Los Osos.Valley Road (total 685 acres
with 150 acres farmable) wouldn't sell for $2.85 million ($4,160/acre).
Eventual sales:
1. 245 acres, vacant, $400,000 ($1,632/acre).
2. In escrow: 199 acres, $345,000 ($1,733/acre) will probably close at lower
price - 50 to 70 acres farmable.
• On the market: Edna Valley 112 acres with 3 bedroom with view $599,000
($5,348/acre).
• On the market: Edna Valley 108 acres "overpriced" at $985,000 ($9,120/acre).
• On the market: Los Osos Valley Class I 83 acres with structures $899,000
($10,831/acre).
Per Roland Maddalena:
• Duvall property on Buckley Road sold 10 acre parcels for $175,000 and $200,000
($17,500 to $20,000/acre) with ag-zoning and airport hazard.
• 40 acres at $960,000 list ($24,000/acre).
• 10 acres at $480,000 list ($48,000/acre).
(Both the above behind Copeland's warehouse.)
• 160 acres, Los Berros, $325,000 ($2,031/acre).
• Grape property is $3,500 to $4,500/acre.
• Lisa Newton has listing at Biddle Ranch near Lopez Lake, $1,000±/acre.
• One to five miles around San Luis Obispo is $4,500 to $5,000/acre.
Per Charlie Delmartini 5441470:
• 385 acres, Prefumo Canyon, no access, vacant, hillsides - current asking price
$600,000 ($1,558/acre). -
• South of San Luis Obispo: 250 acres, over $1,000,000. (over $4,000/acre)
• Vineyard and vegetable property. $10,000 to $20,000 per acre
y . '
• Foster property- Out Royal Way off Los Osos Valley Road; 4 ea 40 acre parcels at
$514,000 each; 2 contiguous to City limits; property was de-annexed to take
advantage of County zoning for subdivision; entire property except 300' diameter
building sites is open space easement.
• Ag property over grade is about $1,000/acre.
c/dho-tkam M
4-25
LrLEI v
MAY 2 6 1994
�r.TY OF SAN LUIS oe
Dear Resident:
You are invited to attend a meeting on June 16, 1994 at 7:00 PM at Bear
Valley Center, 12500 Los Osos Valley Road in the Jubilee Center space.
The meeting is for the owners of the property at the southeast corner of
Tank Farm Road and South Higuera Street to make a brief presentation
to you. We want to present ideas and answer questions about our 22-
acre property.
We are thinking about having the project reconsidered by the City
Council for annexation, but we want to meet with our neighbors first.
We'll have some maps of the property, show you some of our ideas, and
we'll have the architects and engineers here to talk about zoning traffic,
etc. if you've got questions.
We're having the meeting to educate and listen, not give a sales pitch.
It won't be formal. It'll be neighborly.
We hope you will come!
Yours truly,
M .;a H
101 q� s �'r� # ••.
Larry Kreutzkampf '
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SUBJECT_. DATE
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MESSAGE
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_ CITY OF SAN 11 uc
ami ry DEVELOPMENT
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a�►s.oC ��Y)rL. �/.ui+v�.r (1k-.'�'17a�nf SIGNED � D�/1LL�Z7�Li[J.,.
TING AGENDA
R E C E i VDATEg ITEM #
JUL 2 a IvA
C(TYOFSAN LUIS OBISPoMWNTTY John E. & Sue Van Etten
YG�� 63 Contemta Court
San Luis Obispo, CA. 93401
Phone: 549-9477
July 23, 1994 F' UNCIL ]DIR
6�p ❑
� �O O
The Honorable Mayor Peg Pinard Z(ATTORNEY O
990 Palm Street 0 CLERWORIG ❑
San Luis Obispo, CA. 93403 ❑ MGMT TEAM O
Subject: T.K. Property JT
9 0 PLE O PUTIL
❑ P
Mayor Pinard : V
We have been following development plans for
the subject property since it' s inception. We are
very interested in their plans as presented to our
Homeowner' s Group, last Thursday, July 14, 1994.
Their proposed plan to develop a retail center
with a Major Grocery Supermarket & compatible shops
would be of great value to nearby residents.
We now have to drive some distance to existing
shopping centers of this type which is inconvenient
and places more automobile traffic on nearby roads.
County zoning for such property is not exactly
compatible with nearby residential property.
However, city zoning and development standards
would greatly enhance the quality of life in this
immediate area.
We respectfully urge you & the council to give
serious consideration to the developers of the T.K.
Property and their request for annexation to the
City of San Luis Obispo.
Sincerely, RECEIVED
JUL
4e,/q, �� CITY COUNCIL
SAN LUIS OBISPO.CA
4-z�
�Q. MEETING AGE"'^A /
DATE f7-7,L ?4-ITEh. .8
�141 ,�u1 23,�ao`y e.
of k0
o� The 1-70norable I ayor Per Fina:•d RECEIVED
y 90/0 Faln Streei JUL 2 6 1994
San Luis Obisco, Ca. 93103 CITY OFSAN LUIS oalspc
"wwuNm Dever.�_...
Subject: 22 Ac. TK property at corner of Tank Farm :ioad
and South riguera Streets
As residents living in the .•_endo*.:s across the street from 'U-he
subject nrope�=ty :;e gree ;•rite the view that the 22 Ac. parcel
should be armexed prior to development.
This is with the understanding that the owners would agree to :oay
a reasonable and fair share for city services.
We believe the owners of the TK property have a ri- .t to devalop
thei- land and scorer or later t.t.e property will be develoced.
As ;;ro_cosed i_rprove:-eats wculd ;::ostly— serve city— residents and
::oryin_ peoc+le in t_le vicinity of lover Ri uera. Street it
seeMs lo„ical that any davelo�;:nent propose3 s:'lould *'ollc:a c_t;
guidelines.
pie would like to see a grccar;,: store and shops to serve t,-.e
residents o t ,e ara.
Yours trulyt GGE_e,7 F
C�!-CflD DIR
Fred 0. ❑ FIN DIRO FIRE CHIEF❑ PW DIRyourma Monson O POLICECHF❑ REC DIR❑ UTIL DIRcc: Victor Montgor..ery,RRIL O PERSDIR
3026 S. Higuera
San Luis Obispo, Ca. 93401
Fred Q Monson
45 Chuparrosa Drive
San Luis Obispo, CA 93401
RESOLUTION NO. 8274 (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST FOR A GENERAL PLAN AINIENDMENT AND PREZONING
FOR A PROPOSED ANNEXATION OF 22.05 ACRES
AT 154 SUBURBAN ROAD (GP/R AINTNY 54-93)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of a request to change
the Land Use Element Map from Rural Industrial to Service-Commercial/Light Industrial
and Neighborhood-Commercial, and to prezone the proposed annexation site C-S, C-S-S,
and C-N; and after consideration of the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, makes the following findings:
A) annexation of the project site is premature and should be considered together with
the entire Airport Area Annexation;
B) the proposed in-lieu fee for.purchase of open space does not adequately meet the
intent of the General Plan annexation policies; and
C) additional water resources to meet safe annual yield have not been clarified, and
the City should not annex additional land until such time as it has secured additional water
resources sufficient to serve land already within the City, as well as the annexed area.
SECTION 2. Denial. The request for approval of the general plan amendment and
prezoning described above is hereby denied.
R-82744�30
Resolution No. 8274 (1994 Series)
Page No. 2
On motion of Council Member Roalman, seconded by Council Member Settle, and
on the following roll call vote:
AYES: Council Members Roalman, Settle, and Mayor Pinard
NOES: Council Members Rappa and Romero
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of March, 1994.
Mayor Pea Pinard
ATTEST:
ty lerk ane R ladwell
APPROVED:
i tto a eff rgensen ,
4 -31
City Council Meeting Page 5
Tuesday, December 7, 1993 - 7:00 PM
9:13 PM Mayor Pinard declared a recess.
9:35 PM City Council reconvened; all Council Members present.
3. GENERAL PLAN AMENDMENT/PREZONING/ANNEXATION-GP/R ANNX 54-93 (File No.463)
Council held a public hearing to consider a General Plan Amend m ent/Prezon ing in conjunction with
the annexation of a 22.05 acre site on the east side of South Higuera between Tank Farm Road and
Suburban Road; M. Timm Development, Inc., and Larry Kreutzkampf, a partner, applicants.
Mayor Pinard declared the public hearing open.
Dean Benedix. RRM Design Group, expressed concern with time for approvals, stated that the open
space dedication was not possible, the County's designation was for industrial uses, and urged
approval of the annexation tonight.
Bruce Wiedmer. 32 Las Praderas Dr., opposed the development, stating that the use was not
compatible, and expressed concerns regarding traffic impacts.
Paul Orton. 33 Las Praderas Dr., stated annexation met with his approval, but the use proposed was
not compatible; he suggested using it for a park area because it was in the flood plain.
Ray Bunnell. 141 Suburban Rd., stated that the proposal was better than a mini-storage utilization.
Upon questioning, he stated he would support the provision of a signal on Suburban Road.
Bill Bates. 28 Los Verdes Drive, stated that the traffic noise and air pollution would be significantly
Increased.
Brian Christensen, 818 Pismo St., stated that the project met policy direction and urged a review of
uses with regional draws.
Brian Sears. 1712 10th St., Los Osos, urged the retention of the open space standards.
Mayor Pinard declared the public hearing closed.
Council discussed the support in a neighborhood of a development similar to the Telegram Tribune
or Hind facilities, the impact uses with regional draws, open space requirements and appropriate
zoning.
Moved by Raooa/Romero to continue this item with direction to staff to work with the applicant and
owner to consider annexation of this property with a C-S-S designation and open space in-lieu fees
or dedication to be reasonable; motion carried (4-1, Council Member Roalman voting no).
4. GOLF COURSE FUND RATE REVIEW (File No. 133)
Council held a public hearing to consider eliminating the-monthly single and couple cards and
establishing a three tier system for green fees of: A) Senior Weekday fee of $3.75, B) Non-senior
Weekday fee of$5.75,and C) Weekend/Holiday fee of 56.50 effective January 1, 1994;and A) Senior
4 -32
City Council Meeting Page 3
Wednesday, July 27, 1994 at 7:00 P.M.
9:00 PM Council reconvened, Council Member Rappa absent.
Moved by Roalman/Settle to maintain the Fuller Road/Broad property as is (Ahearn); motion carried
4-0-1, Council Member Rappa absent).
Moved by Romero/Settle to delete the TK Annexation from the Airport Area consistent with Council's
previous direction; motion carried (4-0-1, Council Member Rappa absent).
Moved by Romero/Settle to eliminate the Auto Sales designation from the 10 acre parcel on the
Westerly side of Los Osos Valley Road; motion carried (4-0-1, Council Member Rappa absent).
Moved by Settle/Pinard to adopt the rest of the properties as indicated by the status of the 7/13/94
memorandum; motion carried (4-0.1, Council Member Rappa absent).
Moved by Pinard/Settle to keep the 7 acre parcel (near Highway 1 that is owned by Cal Poly) as it is
until Cal Poly brings forth a proposal; motion carried (4-0-1, Council Member Rappa absent).
Moved by Pinard/Settle to consider the open space Westerly of Foothill after the adoption of the Land
Use Element as a General Plan Amendment; motion carried (4-0-1, Council Member Rappa absent).
Moved by Settle/Roalman to adopt 51.0.1 as recommended by the EQTF, replacing 'should' with
'shall°;motion carried (3-1-1,Council Member Romero voting no and Council Member Rappa absent).
Moved by Settle/Roalman to adopt 51.7.2,adding awith minimal land and landscape alteration';motion
carried (3-1-1, Council Member Romero voting no and Council Member Rappa absent).
Moved by Settle/Roalman to adopt 51.9, with the last column to read, °Maximum lot area'; motion
carried (3-1-1, Council Member Romero voting no and Council Member Rappa absent).
Moved by Settle/Roalman to Insert the word'contiguously'after clustered (51.9.1(A));motion carried
3-1-1, Council Member Romero voting no and Council Member Rappa absent).
Moved by Settle/Roalman to adopt Table 4, Residential Densities; motion carried (4-0-1, Council
Member Rappa absent).
Moved by Roalman/Settle to amend Community Goals, s6a to read,'Protect remaining undeveloped
prime agricultural soils"; motion carried (3-1-1, Council Member Romero voting no and Council
Member Rappa absent).
Moved by Settle/Pinard to include 52.17 as suggested by staff;motion carried(4-0-1,Council Member
Rappa absent).
Moved by Settle/Roalman to direct staff to modify the amended LUE and return to Council; motion
carried (40.1, Council Member Rappa absent).
COMMUNICATIONS
COMMA. Mayor Pinard thanked Alex Madonna for his contributions to community education.
x-33
draft
MINUTES - CITY PLANNING COMMISSION
City of San Luis Obispo
November 17, 1993
PRESENT: Commrs. Mary Whittlesey, Gilbert Hoffman, Dodie Williams, Brett Cross,
Sandra Sigurdson, Charles Senn, and Chairman Barry Karleskint
ABSENT: None
OTHERS
PRESENT: Arnold Jonas, Community Development Director; Ron Whisenand,
Development Review Manager; Whitney Mcllvaine, Assistant Planner; Cindy
Clemens, Assistant City Attorney; Wayne Peterson, City Engineer; and
Diane Wright, Recording Secretary
PUBLIC
COMMENT: None
Item 1. General Plan Amendment Rezoning & Annexation GP/R/ANNX 54-93.
A request to amend the Land Use Element map and prezoning property to
designate land to be annexed within the City to Neighborhood-Commercial,
Special Considerations(C-N-S),Service-Commercial/Light IndustrialLSpecial
Considerations (C-S-S) and Service-Commercial/Light Industrial (C-S) to
accommodate a neighborhood-commercial center and light-industrial and
office uses; 154 Suburban Road; M. Timm Development & Kruetzkampf
Investments; applicants.
Commrs. Karleskint and Sigurdson stepped down due to a conflict of interest.
Commr. Williams acted as Chairperson.
Whitney Mcllvaine presented the staff report and recommended the Commission approve
the annexation request because the property is located within the urban reserve line just
outside city limits, and because the location would allow for cost effective city services to
be provided. She explained that to be in conformance with the General Plan, the
applicant would have to secure 88 acres of open space on other property, the
Commission would have to make a finding that the project provided some other
compensating public benefit that outweighed the open space requirement, or to make a
finding that the open space requirement was not reasonable. She said if the Commission
felt the applicant should meet the open space requirement, the applicant might be able
to work with the San Luis Obispo Land Conservancy to establish a conservation
easement in the city's greenbelt area. She explained that finding 2 might need to be
modified. She said the airport area annexation is approximately one and one-half years
away. She said if this area was not annexed, it could be developed in the county and the
P.C. Minutes
November 17, 1993
Page 2
city would be subject to impacts of development without compensating benefits. She
explained that staff was recommending a base zoning of Service-Commercial (C-S) for
the entire site with a Special Consideration Overlay on the areas not already developed
because it would be consistent with the City's LUE Update and with the County's Update,
and because City Neighborhood-Commercial policies would not accommodate the
applicant's need. She said the applicant had mentioned Home Base and Food 4 Less
as possible tenants and those uses would draw from a larger area than the immediate
neighborhood. She explained the S Overlay would allow the Commission to review all
future uses of the site and allow the city to establish site development standards. She
mentioned that revised findings had been handed out to Commissioners and that those
findings explained the need for the S Overlay. She said the applicant was asking for
Commission comment on a preliminary subdivision plan, but that a formal subdivision
proposal had not been made.
In answer to a question by Commr. Whittlesey, Whitney Mcllvaine explained that the Land
Conservancy could help the applicant pick sites for acquisition of land or for a
conservation easement. She said the LUE did have a provision for allowing less than the
4-1 ratio of open space dedication if the open space is of significant value.
Commr. Whittlesey expressed concern about determining this request would result in a
public benefit significant enough to outweigh the open space requirement because
affordable housing, quality of life issues, or mitigation of environmental damage was not
involved, as was specified in city policies.
Commr. Cross questioned how staff could suggest a finding that stated that the
requirement for open space would not be appropriate because that was not substantiated
in the staff report or the mitigation measures.
Whitney Mcllvaine explained that the finding was an option, but the Commission•could
also find that an aspect of this project outweighed the open space requirement, or the
Commission could require open space to be provided.
Commr. Cross expressed concern about other future projects asking for exemptions from
open space dedications.
Commr. Whittlesey also expressed concern about other properties in the airport area.
She believed this proposal had some merit but it should be done in the context of the
Airport Area Annexation Plan.
P.C. Minutes
November 17, 1993
Page 3
Commr. Hoffman felt that the mitigation measure bullet calling for"Clean-fueled or electric
shuttle service to link the neighborhood-serving aspect of the project to nearby residential
development' under Air Quality should be'eliminated.
Vice-Chairwoman Dodie Williams opened the public hearing.
Dean Benedix of RRM Design Group, 3026 South Higuera Street, project engineer and
manager, presented a history of the project. He explained the County Industrial Parcel
Map, street improvement plans approved by the City and the County, and a development
plan for the self-storage industrial buildings. He said four wells had been constructed on
the site. He said Mr. Kruetzkampf began discussing possible annexation with the city in
the Fall of 1991 because city services were available and it appeared to be in the City
because of its location. He said the applicant would like a portion of the property to be
zoned C-N to allow flexibility, such as specialty stores, which would not be allowed in a
C-S zone. He said the applicant would agree to reducing the amount of C-N zoning from
12 acres to 5 acres. He said residential use was not being proposed, and Mixed-Use was
not being requested. He said that the applicant voluntarily did a formal traffic study. He
believed that access issues had been agreed upon between the applicants and staff. He
said the applicant felt it was not reasonable to require that the open space requirement
be met because the land was currently in the county and zoned industrial. He read from
a resolution from the Southern California Gas Company Annexation which stated that the
area was unique because it was surrounded by areas served by city services, would be
an attractive gateway to the city, and would promote the health safety and welfare of
persons residing or working in and near the area. He said he could not find any
reference to open space. He said the project could most likely be approved in the
county, but annexation was being pursued for infrastructure benefits. He said the
applicant prepared a transportation management plan when the county approved the
mini-storage buildings.
In answer to a question by Commr. Hoffman, Mr. Benedix said the county transportation
management plan included bicycle storage, showers, and a future awareness program
for ridesharing. He said it did not include a local shuttle.
Commr. Hoffman asked why the applicant felt the open space requirement was
inappropriate. He said land dedication did not have to be contiguous property.
Mr. Benedix said the requirement was inappropriate because the county land was zoned
industrial. He said benefits to the city included a second lane on Higuera Street, bus
turnouts, tree preservation, another source for fire water as supported by the California
Department of Forestry, and revenue benefits from retail sales projects. He said it would
be very difficult for a project of this size to purchase 88 acres elsewhere and dedicate it
to the city.
P.C. Minutes
November 17, 1993
Page 4
Commr. Whittlesey asked why the project was seeking annexation ahead of the rest of
the airport area.
Mr. Benedix said Mr. Kruetzkampf felt his development could be done now successfully.
He said the fees shared with the rest of the area were unknown. He said consideration
of annexing the airport area has been around a long time and was not certain.
Commr. Whittlesey said the rest of the area, which was also zoned industrial, would be
required to dedicate open space. She said that industrial zoning did not make open
space dedication inappropriate. She said perhaps the amount of the requirement might
be inappropriate.
Mr. Benedix said a lot of the land in the airport area was wetlands. It also included a.golf
course, which was contiguous open space. He said open space dedication on this
property would harm the developablity of the site. In answer to a question by Commr.
Whittlesey, Mr. Benedix said the caretakers unit on the site could be considered mixed
use, but he did not want a MU overlay. He did not believe the site was appropriate for
residential use.
In answer to a question by Commr. Hoffman, Mr. Benedix said if the City asked for a
reasonable amount of fees for off-site improvements, the applicant would probably not
object, but a significant increase in cost would harm the project. He said he was
concerned when he was told about possibly having to contribute to the Los Oscs Valley
Road overpass or the Prado Road extension. He said the applicant would be paying for
a full signal at Suburban Road, modifications to the Tank Farm intersections, perimeter
improvements, and water and sewer connections. He said improvements required by the
County included curbs, gutters the construction of Jenney Way, and a drain system for
the mini-storage. 4
Commr. Senn asked if the cost per acre of developable property in the airport area could
somehow be quantified in regard to open space. He asked if this project would be willing
to carry its fair share of the open space requirement.
Mr. Benedix said he would recommend that the owners do that, because if they were still
in the county, they would have to do so.
Commr. Senn said in the future the applicant might want to request a PD zoning because
uses might be compatible but not allowed in the C-N or C-S zone. He asked staff how
long it would take for a change to PD zoning.
�wwo
P.C. Minutes
November 17, 1993
Page 5
Ron Whisenand estimated it would take approximately six months. He said there are
several uses, such as banks and real estate offices, that are not allowed in PD Zoning.
Commr. Senn asked what uses the applicant wanted that would be allowed in C-N zoning
but not in C-S.
Mr. Benedix said retail sales and specialty uses. He said C-N zoning was preferred, but.
would not be a project buster.
Ron Whisenand said staff was concerned about some of the uses allowed in C-N zones.
He said a mixed use overlay does not require a residential component.
Commr. Senn asked how the applicant could complete the interior road because lots 4
and 5 were not owned by the applicant and would be remaining in the County.
Mr. Benedix said the same situation existed if the site remained in the County. He
believed Sonic and Coca-Cola would not object to the road, but if they did, he said the
applicant would end the road on his property with a cul-de-sac.
Commr. Whittlesey asked what parts of the project were already approved in the County.
Mr. Benedix said the road alignment, the parcel map for three 5-acre parcels, the
development plan for the 7-1/2 acre parcel and the building permits for the constructed
mini-storage units had been approved. He said the street improvement on Suburban
Road had been completed and other exterior and interior street plans had been approved
by the County.
Ray Bunnell, 5255 Cover Ridge Lane, said he owned property across the street from the
project and he said he favored the annexation and wouldn't mind having his developed
property also annexed to the City.
David Morrow, 670 Chorro Street, asked staff if the applicant could build a 12 acre
shopping center N it was annexed and rezoned.
Whitney Mcllvaine said the applicant would have to obtain a Planning Commission use
permit if there was an S Overlay on the property. He said the Architectural Review
Commission would have to approve the design.
Mr. Morrow asked how much traffic the project would generate?
Whitney Mcllvaine said 7,000-8,000 trips had been estimated.
x-38
P.C. Minutes
November 17, 1993
Page 6
Mr. Morrow asked if that would be compatible with the City's Circulation Plan.
Arnold Jonas said the draft General Plan had anticipated similar types of uses in that area.
Mr. Morrow said he taught at Cal Poly and had a traffic and air quality consulting
business. He was formerly employed by the Air Pollution Control District in San Luis
Obispo. He felt this type of development contradicted adopted Clean Air Plan land use
strategies because it promoted sprawl, did not provide mixed use, and a large shopping
center would increase the jobs/housing imbalance. He read sections of the Clean Air
Plan for the Commission. He expressed concern that the project was not pedestrian,
bicycle or transit oriented, and it was not scaled in size to the community. He felt mixed
use which provided worker housing on the site was important. He felt reduced parking
should be granted and the money saved from parking costs should be put into the mass
transit system to make bus service more frequent. He suggested businesses be required
to provide delivery service so that people do not have to drive and pick up items. He said
wider roads, more traffic and higher traffic speeds are not benefits. He said he did not
want to see San Luis Obispo sprawl out like Southern California. He asked the
Commission to require a dollar number commitment from the applicant for open space.
Virginia Wartag, 5255 Cloveridge Lane, said she lived in the County to the south of this
site. She said if she wants to go shopping, she has to drive twice as far as this
development would require. She said this shopping area would be within walking
distance from her home, which was not true of other shopping.
Bruce Weidmeyer, Las Paderos Drive in the Meadows Housing Development, said people
in the Las Verdes Development, the Meadows Development, Creekside Mobile Home
Park and Silver City Home Park would be detrimentally affected by this proposed
development. He said South Higuera could not handle any more traffic. He felt trees on
the street would have to be removed to put in another lane on South Higuera. He said
a vast majority of people living in the developments he named oppose shopping projects
such as Food 4 Less and Home Base.
Commr. Williams asked Mr. Weidmeyer if shopping could be considered a convenience
especially for elderly residents because currently there was no shopping in the area.
Mr. Weidmeyer said no because shopping was not too far away and most of the people
had transportation. He felt the detrimental effects of the development would outweigh the
benefits.
Commr. Hoffman asked what features of a Food 4 Less and Home Base Mr. Weidmeyer
objected to.
P.C. Minutes
November 17, 1993
Page 7
Mr. Weidmeyer responded that traffic, noise pollution, air pollution would reduce the
quality of life for people living in the area.
Commr. Senn asked Mr. Weidmeyer how he would like to see the property developed,
and how he perceived the quality of property to the north and south.
Mr.Weidmeyer said the Hind facility and the Telegram-Tribune were acceptable in style,
did not generate much traffic and added to the area. He said the storage facility and
other developments to the south were unacceptable.
Bill Bates, 28 Los Verdes drive, Los Verdes Park I, said his property was about 60 paces
from Higuera. He said the noise pollution and air pollution already had made the
neighborhood noisy and unclean. He said this proposal would add more traffic.
Mr. Senn asked Mr. Bates for his opinion on the developments to the north and south on
Higuera.
Mr. Bates felt those uses did not increase traffic. He said more people from out of town
were using South Higuera to enter and leave the City.
Lisa Wheeler, 3960 South Higuera, Creekside Mobile Home Park, said most of the
.residents of Creekside were families, many with children, not elderly residents. She said
most of the people drove and many were bikers and walkers who use South Higuera
Street. She questioned how many markets and shopping centers the City needed. She
said a hardware store and grocery store would soon be open in the Marigold Project.
She expressed concern about noise pollution and crime because Food 4 Less is a 24- _
hour store. She said when the sewer plant upgrade was being considered, all nearby
residents were notified well in advance, but she and many others in her area learned
about this project last night in the paper and were not notified by the City. She asked if
water was available for this use. She expressed concern that an exemption of dedicated
open space for this project would open the door for exemptions in future projects.
Mr. Bunnell said he had resided on Suburban Road for 25 years and the Milling Company
was the only other business there when he arrived. He said it was nice back when most
of the area was undeveloped, but times had changed and the area had grown. He
believed a lot of the traffic on South Higuera was generated by the new overpass on Los
Osos.Valley Road, which has nothing to do with this development. He said the concrete
plant and block plant that cause objectionable noise for the residents were there long
before the residents and the overpass. He said people have to learn to live together. He
felt the type of complex being proposed for this site was better than a block plant or
concrete plant. He said there were already hundreds of homes in the area across the
.4 -4-C)
P.C. Minutes
November 17, 1993
Page 8
street and it would allow those people to shop closer to home which would reduce traffic
on Tank Farm and Los Osos Valley Roads. He said he favored the project.
Commr. Cross asked if residents were not notified because they were outside of the 300-
foot boundary.
Ron Whisenand said public notification of the hearing was done consistent with State Law.
He said it was advertised in the paper, but he did not know if residents of the residential
areas were mailed out notification.
Mr. Benedix said specifics of the planned development such as size of lots were not
presented in depth because this was an annexation request. He said some information
had been compiled to make sure the project was environmentally sound for annexation
based on the zoning requested. He said he was concerned that the City does not have
a large facility such as a Toys R Us or a Costco. He said he regretted having to drive to
Santa Maria to spend his money. He said he would like to see sales tax revenue stay in
the community. He said the air was being polluted from San Luis Obispo residents
driving to Santa Maria to shop. He said Tank Farm and Higuera Street had been
designated as arterial roads. He said if there was a successful annexation of the airport
area, the applicant would come back to the Commission regarding open space or traffic
fees. He said City resources such as waste water were examined and it was determined
those services could be provided. He said four wells producing potable water and would
be used for landscaping.
Lisa Wheeler asked the Commission to remember the problems caused by the Bear
Valley Shopping Center wells and that the City was responsible to the property owners
for their losses. She felt putting a signal at Suburban Road would result in too many
signals in a short area.
Vice Chairwoman Williams closed the public hearing.
Wayne Peterson said Keith Franklin, the traffic engineer for the project, looked at the
closest intersections in either direction and it was determined in most cases that the
change in level of service would not be noticeable to the public.
Keith Franklin, Associated Transportation Engineers, said the Commission needed to
remember this was an annexation, not a commercial development and the development
would later come back before the Commission for consideration of traffic generation. In
response to the traffic handling ability of South Higuera, he said there was currently one
northbound and two southbound lanes at the project frontage, and when the project was
developed, South Higuera would have two lanes in each direction, a center turn lane, and
P.C. Minutes
November 17, 1993
Page 9
bike lanes. He said the trees would not be lost unless a right turn lane was constructed.
He said the right turn lane was not required by the development traffic, but might be in
the future due to cumulative development near the airport area. He said the report
suggested the land be dedicated for the right turn lane, but not constructed. He said the
possible future extension of Prado Road across the freeway and to Broad Street would
support some of the traffic currently on South Higuera Street.
In answer to a question by Brett Cross, Wayne Peterson said Mr. Franklin's analysis
looked at the effect of this project and projections for the near future, while the DKS study
looked at full buildout 25 years in the future.
Commr. Senn felt the Commission was getting off track. He said a County approved
development plan existed for one 7-acre parcel. He said the applicant could walk out and
develop what he wanted as long as it was allowed by the County. He said the
Commission should be considering if this is an appropriate piece of property to annex to
the City.
Commr. Cross said traffic impacts were not a minor detail.
Commr. Senn said the traffic impacts would result whether the property was in the City
or County.
Ron Whisenand advised that CEQA requires that the Commission make a finding that the
annexation would not result in significant traffic impacts.
Commr. Senn asked staff what issue the Commission should consider first.
Whitney Mclivaine explained that staff was recommending C-S prezoning for the entire site
because it is what is shown for the area in the Land Use Element Update. She said that
C-N zoning raises the issue of additional traffic.
Commr. Senn expressed concern that the Commission could determine this site was
appropriate for annexation with C-S zoning and then the applicant could come back with
a request for C-N zoning. '
Ron Whisenand suggested the Commission first consider if the property should be
annexed to the City, and then examine the effects of the annexation to determine if staff's
suggested mitigations sufficiently address those impacts.
4-42,
P.C. Minutes
November 17, 1993
Page 10
Keith Franklin said the traffic study was done to determine if around 300,000 square feet
of development would result in significant traffic impacts. It was found that it did not and
that no degradation of services would result.
Vice Chairwoman Williams reminded the Commission it was considering two separate
motions; one on annexation and one on land use.
Commr: Whittlesey felt the annexation was appropriate for many reasons, especially
because the City would have control of the land before development. She suggested
finding 2 be revised to state: 'The proposed general plan amendment is consistent with
the goals and policies of the General Plan with consideration of the minor annexation
policies being satisfied through a dedication of open space or an in lieu program
consistent with the airport area master plan." She explained she wanted the property to
contribute to open space by in the amount of its fair share portion of the airport area.
Ron Whisenand suggested the Commission ask Cindy Clemens about the matter.
Cindy Clemens said Arnold Jonas had just explained to her how to proceed, and she
deferred to him.
Arnold Jonas explained the zoning itself could not be conditioned and open space
dedication could not be required at this time. He said The Commission should state the
project would incorporate the policies of the General Plan. He suggested the following
wording for finding 4: 'The proposed general plan amendment is consistent with the
goals and policies of the General Plan since compliance with the open space requirement
can be achieved by dedication or in" lieu fees as part of the annexation process.
Cindy Clemens said she was concerned about the mechanism for requiring openespace
dedication, but she felt comfortable with the wording suggested by Arnold Jonas. She
said she understood there would be times during the development process that open
space could be required.
Arnold Jonas explained that the Commission needed to rely on existing policy because
there was no mechanism for the Commission to require open space at this time. He said
the Commission would be recognizing that a policy exists for dedication of open space.
Commr. Whittlesey moved to concur with the negative declaration of Environmental
Impacts and recommend that the City Council adopt a resolution amending the General
Plan Land Use Element Map to change the designation for the project site from Rural-
Industrial to Service-Commercial/Light Industrial as shown on exhibit A with the findings
and with finding 2 modified as suggested by Arnold Jonas.
4.
P.C. Minutes
November 17, 1993
Page 11
Commr. Hoffman seconded the motion.
Ron Whisenand requested that the motion include recommendations to the City Council
for a., b., and c.
Commr. Williams asked if bullet 5 under Prezoning Finding 5 meant that the project
should not be a regional center.
Whitney Mcllvaine said there were square foot limitations in General Plan policies and
Zoning Regulations and if the project discussed tonight was proposed, square footage
would be considered.
Commr. Senn believed that bullet 5 under Prezoning Finding 5 should be deleted because
he had reservations about this site being suitable for retail uses. He requested that the
wording in bullet 4 under Prezoning Finding 5 be modified to state "minimum site
development standards and architectural guidelines will be similar to those..." because
one project cannot be "the same as" a project done years ago.
Commrs. Whittlesey amended her motion to also include a recommendation to the City
Council to print an ordinance pre-zoning the annexation area Service-Commercial (C-S)
and Service-Commercial Special Consideration (C-S-S) and to adopt a resolution
recommending that LAFCo approve the annexation, with the words "same as" in bullet 4
under Prezoning Finding 5 replaced with the words "similar to", and the elimination of
bullet 5 under Prezoning Finding 5.
Commr. Hoffman agreed to the additions to the motion.
Commr. Cross said he could not support the motion. He felt the Commission hadn't
adequately addressed C-N zoning. He said he did not agree that the site was
inappropriate for C-N zoning. In answer to a question by Commr. Senn, Commr. Cross
said he still had concerns about traffic and noise impacts.
Commr. Senn felt zoning should be consistent for the entire parcel and when the owner
had a specific project for this site, he could request a PD overlay. He said prezoning the
site C-S would be consistent with the General Plan and the airport plan. He felt a C-S-S
zoning for the entire site was appropriate. .
VOTING: AYES - Commrs. Whittlesey, Hoffman, Williams and Senn
NOES - Commr. Cross
ABSENT - Commrs. Sigurdson and Karleskint
4- 44
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