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HomeMy WebLinkAbout11/22/1994, 2 - RESTRUCTURING PARK IN-LIEU FEES /!- ,g MEETING GATE: City Of San tins OBISpo ITEM NUMBER: COUNCAGENDA R PORT IL FROM: William C. Statler, Director of Finance Prepared by: Linda Asprion, Revenue Manager--1 ?�: =` - SUBJECT: RESTRUCTURING PARK IN-LIEU FEES CAO RECOMMENDATION Adopt a resolution restructuring park in-lieu fees effective December--t—, 1994. . DISCUSSION Background California Government Code Section 66477 authorizes cities to require dedication of land, the payment of fees in-lieu thereof, or a combination of both for park and recreational purposes. Accordingly, park-in-lieu fees are included in the subdivision regulations that require subdividers to dedicate land or pay fees in-lieu of dedicating land for parks based on fair market values. In June, 1984, Resolution 5376 was adopted setting maximum park in-lieu fee amounts. As a practical matter, this limit has become the defacto fee schedule, which has not been adjusted since 1984. As part of the strategic budget direction adopted by Council on March 13, 1993, the Revenue Task Force recommended updating the park in-lieu fees from the 1984 levels (Exhibit A). Based upon this Council direction, an independent economic consultant, Economics Research Associates (ERA), was requested to perform a review of current residential land values in the City to provide the basis for amended park in-lieu fees. ERA's review included land within the urbanized in-fill areas and in the lower density outlying areas. Based on their analysis, values per acre range from $287,500 to $101,500 with an average value of$194,500 per acre, which is their recommended basis for setting fees. ERA also recommends that a 20% surcharge be added to cover infrastructure/site improvement costs such as utility connections, streets, sidewalks, curbs and gutters, fencing, drainage, etc. that would normally be required from a developer providing park land, per the City's ordinance. ERA's complete recommendations are provided in Exhibit B. What is a Park In-lieu Fee? Under the City's municipal code, subdividers are required to dedicate 5 acres of parkland for every 1,000 residents projected to live in their development area. Rather than dedicating land, there are occasions when paying an in-lieu fee in an amount of comparable value is the preferred method of meeting this parkland dedication requirement. �� I 111M%QIIJppw% city of San tuts OBISp0 COUNCIL AGENDA REPORT Currently the City's park in-lieu fee is based upon the size of the dwelling unit (determined by the number of bedrooms) in "not to exceed" amounts as follows: $667 for each studio dwelling $880 for each one-bedroom dwelling $1,333 for each two-bedroom dwelling $2,000 for each three-bedroom dwelling $2,666 for each dwelling with four or more bedrooms Based upon ERA's research, staff is recommending a two-tiered park in-lieu fee structure based on the 1990 census average household size for single family dwelling (2.7 persons per household) and multi-family residential dwelling (2.14 persons per household): $3,180 for each single family residential unit $2,520 for each multi-family residential unit The fee amount will remain current with annual adjustments based on changes in the consumer price index (CPI), with the base fee updated at least every five years. Why Amend the Park In-lieu Fees? Park in-lieu fees are a part of the subdivision regulations that require a subdivider to dedicate parkland or pay fees in-lieu of dedicating land for parks: By restricting the amount of the in- lieu fees payable, which is what Resolution 5376 does, the City is limiting the amount of revenue available for parkland acquisition and improvements. The City's municipal code states that: "When the dedication of land is not required or when land dedication partially fulfills the required contribution of the subdivider to meeting additional local park demand resulting from the subdivision, in-lieu fees shall be paid. The amount of such in-lieu fee shall be the fair market value of the land which otherwise would be required to be dedicated..." Rescinding Resolution 5376 and amending the method of calculating the park in-lieu fees allows the City to collect the fees appropriately due from the subdivider. How Does San Luis Obispo Compare to Other Cities? Contacting the twelve cities previously used for comparison purposes by the Revenue Task Force, we found that ten of the cites have some form of park in-lieu fee policy (Palm Springs and Santa Barbara do not have established park in-lieu fees), with the application of the fee as diverse as the cities. Additionally, the cities within San Luis Obispo County were contacted and all have some form of park in-lieu fee - again as diverse as the cities. Below is a list of the fee charged by each of these cities. 3 � �ufl�►�N��IIIIIpu�in= �► city of San lues OBIspo COUNCIL AGENDA REPORT Park Maximum SFR Avg. MFR Avg. Last City Standard Fee Fee Fee Revision Visalia 7.6 Ac/1,000 $ 700/DU* $ 7000 $ 700* 1993 Ventura 3-5 Ac/1,000 None - FMV of Land X # of Acres 1983 Davis 5 Ac/1,000 $150,000/Ac X # of.acres 1986 Monterey 5 Ac/1,000 $650/bdrm $1,950 $1,300 1984 Napa 2.5 Ac/1,000 $90,000/Ac* $ 650* $ 415* 1993 Petaluma 2.6 Ac/1,000 $208,364/Ac* $3,985• $1,979• 1993 Santa Cruz 3 Ac/1,000 None - Avg cost of 1 Ac.+$100,000 dev costs X # of acres 1991 Camarillo 5 Ac/1,000 None - FMV of land X# of Acres 1984 S. J. Capistrano 5 Ac/1,000 $302,500/Ac* X #of Acres for developments over 50 units 1993 Developments of 49 units or less $4,8400 $4,390• Santa Maria 5 Ac/1,000 $1,884/DU* $1,884* $1,884* 1994 Arroyo Grande 4 Ac/1,000 $1,252/DU* $1,252* $1,252/du* 1993 Atascadero 8.25 Ac/1,000 Based on square footage $ .511/sq. R $ 1.011/sq. ft. 1991 For a 2,000 sq.ALhome $1,022 $2,022 Grover Beach 5 Ac/1,000 $2,500/DU $2,500 $2,500/DU 1991 Morro Bay 4 Ac/1,000 None -Avg assessed value of 1 Ac X #of Acres X 120% 1992 Paso Robles 5 Ac/1,000 $ 509/lot N/A N/A 1986 Pismo Beach 4 Ac/1,000 $200,000/Ac X# of Acres 1994 Current SLO fee 5 Ac/1,000 $667 - $2,666 based on $2,000 $1,334 1984 number of bedrooms Proposed SLO fee 5 Ac/1,000 $194,500* + 20% $3,180* $2,520* 1994 Ac = Acre DU =Dwelling Unit FMV =Fair Market Value • = Amount adjusted annually SFR = Single Family Residential Unit MFR =Multiple Family Residential Unit Based upon this comparison with sixteen other communities, twelve cities have a set fee schedule for their park in-lieu fees and four cities do an appraisal on a case-by-case basis. Providing a set fee schedule not only allows the developer to understand the costs of development prior to beginning the project, but also eases administration of the fees. The effective date to implement the proposed restructured park in-lieu fees is December 1, 1994. 3'3 1111mvIVIIIII11im �Ucity Of san tins OBISPO Na'aCOUNCIL AGENDA REPORT COMMUNITY PARTICIPATION A briefing was held on the evening of August 31, 1994 to review the proposed rate structure and to answer any questions that they might have. Notices accompanied by ERA's analysis were sent to the SLO County Builders Exchange, Chamber of Commerce, Property Owners Association, Business Coalition, Builders Industry Association of the Central Coast, Residents for Quality Neighborhoods, and Environmental Quality Task Force (Exhibit C). Only one person attended this briefing, and at this point, the only formal response that we have received is from the SLO County Builder's Exchange (Exhibit D), which recommends that we defer any changes in the park in-lieu fee schedule for two years. In staff s opinion there is little to be gained by further delay - the fees have not been updated for over 10 years. There is certainly an inequity in continuing the existing disparity between the value of a required parkland dedication vs. a required in-lieu fee payment. Finally, it could be more difficult to adjust this out-of-date fee at some later time, when construction activity is higher. At present, relatively few are expected to actually pay park-in-lieu fees, as noted below under the fiscal impact discussion. CONCURRENCES Restructuring park in-lieu fees was presented at the Parks and Recreation Commission meeting on September 7, 1994. The Commission supports revision of the fees. Minutes from the meeting are provided in Exhibit E. Both the Parks & Recreation and Community Development Departments concur with the recommendation. FISCAL IMPACT The amount of additional revenue that will be generated by eliminating the limitation on the park in-lieu fees depends entirely on the number of residential subdivisions whose parkland requirements will be met through fees rather than dedications. For 1994-95, $20,000 in park in-lieu fee revenues have been projected. Assuming this level of activity, the new fees would generate about $5,000 to $12,000 in additional annual revenues. ALTERNATIVES ■ Retain the existing limit. Given the community's need for parks and open spaces and our current limited ability to fund them, staff does not recommend retaining a limit on the in-lieu value of land that was set in 1984. ■ Case-by-case appraisal. Prior to 1984 when the limit was created, fair market value was determined on a case-by-case basis using one of two methods: . Independent appraisal report paid for by the applicant �_ 1 ��� �NN�11�1��I= ��► city of San WIS OBISpo COUNCIL AGENDA REPORT Escrow statement showing sales price if it was recently purchased by the applicant Due to the burden this method places on the developer and the administrative burden for staff, this alternative is not recommended. ATTACHM ENT Resolution restructuring park in-lieu fees VOMITS A. Recommended strategic budget direction from March 13, 1993 Council budget workshop B. Economic Research Associates recommendations regarding the City's park in-lieu fee C. Notice to community groups D. Letter from SLO County Builders Exchange E. Minutes from September 7, 1994 meeting of the Parks and Recreation Commission 3-5 RESOLUTION N0. (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESTRUCTURING PARK IN-LIEU FEES WHEREAS, California Government Code Section 66477 authorizes the Council to enact an ordinance requiring dedication of land, the payment of fees in-lieu thereof, or a combination of both, as a condition of approval for a final tract or parcel map; and WHEREAS, the city has adopted such requirements in its subdivision regulations (Municipal Code Sections 16.40.060 through 16.40.100), which allow the Council, by resolution, to establish criteria for determining and procedures for collecting fees; and WHEREAS, an independent economic consulting firm has researched residential land costs as they apply to the City's park land dedication in-lieu fee. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Resolution No. 5376 (1984 Series)is hereby rescinded. SECTION 2. Park in-lieu fees are established as follows: a. Each potential additional single family dwelling unit in the C/OS and R-1 zones within the subdivided area $3,180.00 b. Each potential additional multi-family dwelling unit in zones other than C/OS and R-1, within the subdivided area $2,520.00 SECTION 3. Park in-lieu fees shall be effective February 1, 1995 and adjusted annually on July 1st by the change in the Consumer Price Index (CPI -U.S. City Average) by the most recently published information available. The base rate for the fees shall be reviewed at least every five years. SECTION 4. Any required fee in-lieu of park land dedication shall be paid,when the final map is recorded, unless another time schedule for payments has been approved as a condition of tentative map approval. 3- On motion of , seconded by and on the following roll call vote: AYES: NOES: .ABSENT: The foregoing resolution was passed and adopted this of , 1994. Mayor, Peg Pinard ATTEST: Diane Gladwell, City Clerk 13e�� Jor ensen, ty tPrney RECOMMENDED STF"TEGIC BUDGET DIRECTIr ki Exhibit. FISCAL PROBLEM Revenue/Expenditure Gap 2,800,000 Projected at basically the same as the five year forecast presented to Council on November 10, 1992 except sales tax revenues are projected to be better by$300,000 while insurance expenditures (workers compensation/liability)are projected to be$600,000 higher. State Takeways Projected to be at least$500,000,based on the experience of the last two years.State cuts above 500,000 $500,000 take us into the contingency plan. .TOTAL. :•. : ..: : -. :.: 3 300 000 Forecast assumptions continue to include reducing equipment replacement by 25555 and CIPprojects by507. RECOMMENDATIONS r Implement expenditure/service cuts — reduces regular staffing by 30 positions(11%). 2,189,800 r Use fund balance(reserves),capital project cuts,and sale of property to partially fund construction of the Fire Station Headquarters and Performing Arts Center in order to reduce future debt service costs. 497,000 •w Increase revenues: 1993-94 — Increase cable franchise tax to to from 47 to 57 41,000 — Increase recreation fees to achieve 507 overall cost recovery 100,000 Inaease transient occupancy tax ra to from 9e' to 107 260,000 — Update public safely fees from 1987 levels 106,000 — Implement reimbursement to the General Fund from Water and Sewer Funds for computer mapping(CARD)engineering services 52,200 — Adopt proposed Uniform Building Code fees in 1994 in accordance with City policy 54,000 The following new revenue sources are also recommended. However,they are either restricted in their use for specific capital purposes,cannot be implemented until late in 1994-95 at the earliest,are contingent upon further legal developments,or require significant poa7cy decisions that in some cases(such as paramedic fees)require actions by other government agencies. Because of this,they cannot be relied upon in balancing our budget for 1993-95. However, they will improve our long term fiscal health,and as such,policy approval to begin the steps necessary to implement them at the earliest possible opportunity is recommended at this time: Allocate CDBG revenues for indirect costa economic stabtlity,and homeless shelter I a[ a cservicechar es Update parkin—lieu fees from 19 4levels 1 co recti Establish transporwi on andgeneral f.'acflity development impact fees Adopt local property transfer tax + Begin negotiations with employee associations to identify and agree upon ways of reducing labor costs that can reduce the impact of service/staffing cuts. unknown .TOTAL: .:., . . :. ... CONTINGENCY PLANS What we must do if there are further state takeaways or we do not achieve recommended components. mi- Further servicelstaffing cuts as presented in this report r Further labor cost savings w Further revenue increases — Greater user fee cost recovery — Assesment districts — Expanded tax base — Other revenue increases r Further use of fund balance (reserves) 2 Q 1 Exhibit M3Economics Research Associates AHifiated with Drivers Jonas July 29, 1994 Mr. William Statler Director of Finance City of San Luis Obispo 990 Palm St. P.O. Box 8100 San Luis Obispo, CA 93403-8100 BE. Recommendations regarding the City's park dedication in-lieu fee Dear Mr. Statler. This letter report presents our findings regarding residential land costs as they apply to the City's park land dedication in-lieu fee. The City's regulations regarding park land dedication and fees in lieu of dedication are described in the City's subdivision regulations, sections 16.40.050 through 16.40.110. With regards to this assignment, the most pertinent sections are stated as follows: _ Section 16.40.050;paragraph A - `:.. each new subdivision shall dedicate land equivalent to five acres for each one thousand residents expected to reside within the subdivision, except as provided in Sections 16.40.060, 16.40.070 and 16.40.100." Section 16.40.080;paragraph A - "The amount of such in-lieu fee shall be the fair market value of the land which otherwise would be required to be dedicated..." Section 16.40.080:paragraph B- "The fair market value... shall be based on the portion of the land proposed to be subdivided which is intended for development and shall reflect the market value at the time the tentative map is approved " 964 5th Avenue.Suite 214,San Diego,California 92101 -(619)544-1402 Fax:(619)544.1404 �� A Los Angeles-San Francisco-San Diego-Chicago-Boston-Washington, D.C.-London / Section 16.40.080;paragraph C- "Fees collected in lieu of land dedication shall be used for enlarging or improving local parks serving the area in which the subdivision is located " While this ordinance provides the policy for in-Geu fee determination, the actual fee currently is based on Resolution No. 5376, adopted in 1984, which establishes a set schedule. The City is considering rescinding the limitations on fees adopted in the resolution and adopting a new fee policy. Our assignment was to review current residential land values in the city in order to provide the basis for a revised park land in-lieu fee. The land value analysis is for general planning efforts only and is not an appraisal. We met with you and city staff to collect the City's current park dedication and in- lieu fee ordinance and to review where the City may require future parks. Based on this review of future park needs, we divided the urbanized portion of the city into seven subareas and searched for recent residential property transactions within each subarea. We also collected and reviewed residential land transactions in the City's peripheral areas where subdivision proposals are most likely. We collected and analyzed recent residential land transactions in the city by subarea, reviewed each property's assessed valuation, and estimated the 1994 land value of each transaction. We cross-referenced these parcel transactions with the City's land use data base to determine parcel sizes so that prices could be evaluated on a per acre basis We reviewed assessor's parcel maps for properties that were not listed in the data base. The results of this analysis are presented in Table 1 for the residential property transactions in the urbanized subareas, and Table 2 for the peripheral area. The subareas are depicted generally in the attached map. Table 1 presents single-family residential property records within each of the seven urbanized subareas. These transactions are all single-family properties on lots ranging from .09 to .67 acres. Most properties already had homes and improvements which had to be subtracted from the sales price to estimate land value. The 1994 improvement values were estimated by deflating the 1993 assessed value for improvements by 2 percent annually to the record year date (to account for Proposition 13's automatic increase since the record date), then increasing the adjusted record date value by the Consumer Price Index to a 1994 value (to account for inflation), then discounting the inflation-adjusted 1994 value by 1 percent annually since the original record date (to account for physical depreciation). The estimated 1994 improvement values were subtracted from the estimated 1994 property sales values to estimate the resultant land values. As shown, it was estimated that the 1994 land value for these transactions averaged approximately $572,700 per acre. Some subareas had lower prices.in the mid-$400,000 range while other subareas, particularly Area 3, had a higher average in the mid-$700,000 range. 2 3-10 The average land value of$572,700 is for improved lots in the city's built areas where several park needs were identified. As stated in the City's ordinance, the park in- lieu fee shall reflect the value of the land at the time the tentative map is approved, or the value after subdivision entitlements are established but before site and h fiwtructure improvements are developed. Therefore, improvement costs have to be subtracted from the $572,700 figure to establish a comparable basis for land value. Assuming an average of five units per acre under the City's R-1 zoning, the average land value observed from recent transactions equals approximately $114,500 per unit. The approximate residual value per unit, net of development costs, is as follows: Improved Lot Value/Unit $114,500 Less: Master infrastructure costs $ 16,000 Lot improvement costs $ 16,000 Fees $ 51000 Selling costs $ 52000 Return on investment $ 15.000 Total Costs $ 57,000 Unimproved Lot Value/Unit $ 57,500 At $57,500 per lot, and five lots per acre, an acre of unimproved residential land would equal approximately $287,500 based on recent transactions. This estimated average value is based on residential property transactions located throughout the city, including the urbanized area which are already developed and highly valued. New subdivisions of the same density in outlying areas would typically have lower values per acre due to their distance from the town center, lower gross density, and fewer established public amenities. As shown in Table 2, land transactions in the lower density outlying areas generate an average land value of$80,000 per acre. Most of these transactions include properties that are on San Luis Obispo's periphery, outside the City's boundaries; properties that potentially would be subdivided if annexed. The value of these parcels vary considerably depending on the underlying residential density allowed. Table 2 organizes the land transactions by density. It is clear that the greater the density zoned, the greater the land value on a per acre basis. The lowest density residential land (10+ acres per unit) generates a land value of almost $50,000 per acre, while the highest density land (1 - 2.5 acres per unit) sold for $110,000 per acre for improved estate lots. Based on our 1992 analysis of the Dalidio property, we estimate that a single-family residential subdivision of five units per acre on land peripheral to the city would generate a value of approximately $101,500 per unimproved acre (111 1994 dollars), after approvals but prior to the development of any improvements. 3 Therefore, we believe there is at least a two tiered basis for unimproved, single- family residential land value in the city - an average of$287,500 per acre applicable to infill subdivisions in the urban areas, and $101,500 per acre applicable to new, larger scale subdivisions in the urban periphery. If the City chose to have a single basis for residential land value, an average of these two amounts, or approximately $194,500 per acre would be appropriate. While a two tiered land basis policy would be a more accurate approximation of land costs for park development in the different parts of the city, it would favor outlying subdivisions relative to infill subdivisions due to the resulting lower fee for outlying development, and would require the City to define urban and peripheral areas, which could be difficult. An average value approach, on the other hand, would favor infill subdivisions by reducing their burden to below cost (requiring some other public funds or use of public land to subsidize park costs associated with these subdivisions), and would encourage outlying subdivisions to dedicate land since the fee would be based on a value that exceeds their land costs. To the extent that urban land has to be acquired or improved to provide community parks that serve all city residents, including those in peripheral subdivisions, the average fee basis would be more appropriate for the outlying developments than strictly a peripheral land cost basis. Finally, the average value approach would be simpler to administer. Therefore, we recommend that the fee be based on the average of urban and peripheral land values, or $194,500 per acre. This recommendation is based on a nexus rationale that the City will locate neighborhood parks in the same immediate area as the development, but will locate community parks in the urban core to serve all residents; thus, the fee should reflect a blend of peripheral and urban residential land costs. The blend presented here is 50/50., As the City updates its Parks and Recreation Element, it will have a better idea where future parks will be located and if the ratio used to calculate the average land cost basis should change. The fee should be structured to differentiate between type of units (single-family or multi-family) to account for different household sizes and their respective impacts. Single-family units would typically be assessed a higher fee than multi-family units. The fee should also remain current with land values either by basing the fee on a case-by-case appraisal, or by establishing a fee and pegging it to a price index, updating the base fee every five years. Finally, the City has the right to add an additional charge to .cover certain site preparation costs such as street improvements, utility connections, street trees and sidewalks, curb and gutters, fencing, drainage, and other improvements that it would normally require a developer to provide with dedicated park land, per the City's ordinance. Therefore, the in-lieu fee should include a factor (we suggest 20 percent) to 4 3-1Z cover the pro-rated share of these costs that the City would have to incur if it buys and improves park sites itself using in-lieu fees. Based on the City's park standard and current in-lieu fee structure, we would recommend the following park in-lieu fee: Per single family residential unit 1990 Census average household size- 2.70 persons Acres required per household (5 acJ1,000 pop.) - .0135 acres Park land in-lieu fee per unit (rounded to nearest $50)- Q $194,500 per acre- $2,650 Plus 20% for improvements - 530 Total fee per single-family residential unit - $3,180 Per muni family residential unit 1990 Census average household size- 2.14 persons Acres required per household (5 acJ1,000 pop.) - .0107 acres Park land in-lieu fee per unit (rounded to nearest $50) - Q $194,500 per acre- $2,100 Plus 200/a for improvements- 420 Total fee per multi-family residential unit- $2,520 These fees, regardless of unit type, and are based on 1994 values for unimproved land zoned for single-family residential use (this assumes that the City would not likely purchase higher cost land zoned for multi-family residential use, or land that is already substantially improved, to meet its park needs). 5 3-13 We hope this analysis proves useful. Please call if you have any questions or if we can serve you further. 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KKK t DKK as � 2 'A 'A § 3 § k 2k � ■ § b � k�\§ k_ «i \k � » 40%� $> ; . ■ � K § _ - - ; O ; ; E 96 d CL\\\ } � �� §E ) E ; V ! ' ESg - } ! ] 2 kkk§ , \\� � ! k�© } ■ §k§ B §§J k a \ § � + j 2 ■ ` ) ) ) ) \ � k) ) � � o � 2 ff� � w/f Ldw § § Go CA & . _ . ( ■ 2 . 16 C6 - - $ § •• § \ a ) � � � � � � ■ ■ � � � o ) k § & aIN IN § § & k kk § � k � cc cc k � �— � � Exhibit. city of sAn luis oBiispo 990 Palm Street/Post Office Box 8100 San Luis Obispo. CA 93403-8100 August 175 1994 Dear , The purpose of this letter is to encourage your attendance at an upcoming briefing to discuss two topics which we plan to present for Council consideration at their September 20, 1994 meeting: ■ Adoption of 1994 Uniform Building Code fees ■ Amendment of park in-lieu fees This meeting is scheduled for: Date: Wednesday, August 31, 1994 Time: 7:30 pm Place: City Hall - Hearing Room 990 Palm Street Attached for your review are the following materials: ■ Building fees. It is the City's policy to set building fees based on the Uniform Building Code. The attached legislative draft of the Building and Safety fee schedule compares current and proposed fees. Park in-lieu fees. Our current fees are based on limits set in 1984. Based upon Council direction, an independent economic consultant, Economics Research Associates (ERA), has evaluated current residential land values in the City to provide the basis for updated park in-lieu fees. A copy of ERA's report is provided for your review along with a summary of current and proposed rates. We encourage you and/or representatives from your organization to attend this briefing which will include a question and answer period along with an opportunity for comments. Additionally, we will be happy to meet further with your organization at your convenience. If you have any questions concerning this meeting, or require additional information, please do not hesitate to contact me at 781-7130. Sincerely, William C. Statler, Director of Finance The City of San Luis Obisoo is committed to including the disabled in all of its services. programs and activities. Telecommunications Device for the Deaf(805)781-7410. Exhibit SLO COUNTY BUILDERSSAN WIS OBISPO OFFICE - 3563-G Sueldo- P.O. Box 1222- San Luis Obispo, CA 93406 EXCHANGE (805)543-7330' FAX (BOB)543-7016 ATASCAOEAO OFFICE - 5407 EI Camino heal -Amscadero, CA 93422 (805)466.0870 - FAX(805)466.5029 August 29, 1994 Mr. William C. Statler Director of Finance City of San Luis Obispo P.C. Bos 8100 San Luis Obispo, CA 93403-8100 Dear Mr. Statler: Thank you for sending us the information on the 1994 Uniform Building Code fees and the amendment of park in-lieu fees for the City of San Luis Obispo. After carefully analyzing these proposals, the San Luis Obispo County Builders Exchange (SLOCBE) would respectfully request that these increases be delayed for at least another two years, as a way of showing the city's commitment to assisting the very weak recovery we presently are experiencing in the construction industry here. At this time it is ar less expensive to purchase an existing home than to build a new one. The real estate market remains very slow. A number of factors have contributed to this stagnation: unemployment, out-of-state flight, rising interest rates, increased materials and labor costs. There is little (if anything) the City of San Luis Obispo can do about these. In light of this situation, it would be a tremendous help to everyone if the city would postpone any fee increases for now. We are not experiencing rapid growth to justify hiring aaditionai staff to process permits. Potential park land is not being gobbled up overnight. On these facts alone it seems hard to justify increasing fees; taken with the cumulative impact of the economic factors mentioned above, we believe an increase in fees would be most unwise at this time. We would be receptive to discussing alternatives that would help keep building costs down while ensuring quality construction and compliance with all existing government regulations. Only by working together will we reach our mutual goals of a healthy economy and a healthful environment. Sincerely, z4y-;014 c LESLIE RAMSEY Executive Director 3-Z� acnmr- PARKS & RECREATION COMMISSION MINUTES Wednesday, September 7, 1994 CALL TO ORDER: Meeting called to order at 7:OOpm by Chair Macedo MEMBERS PRESENT: Chair Macedo, Joe Kourakis, Jack Davidson, Wendy Pyper, LeeAnn Hagmaier STAFF: Director LeSage, Kathy Koop, Carol Poll GUESTS: Chris Pontius, Sandi Johnson ITEM #4. REPORT ON PARK IN LIEU FEES - LINDA ASPRION Director LeSage introduced Linda Asprion of the City's Finance Dept. to the Commission. Director LeSage and Linda explained the Park in Lieu Fees, which have not been changed since 1984. A Council Agenda is being presented to the City Council on Sept. 20 to increase these Park in Lieu Fees and Finance is seeking the Commissions approval and support for this proposal. M/S/A Kourakis/Hagmaier. Parks & Recreation to support an increase in Park In Lieu Fees to cover the needed costs of acquiring land or improving existing parks for recreational purposes to directly serve the area being developed. The Commission directed Director LeSage to present to Council at the Sept. 20th meeting their concerns: 1) fees be structured so they are more equitable; 2) fees be applied immediately after collection; 3) fees not become a burden on homeowners. 3-41 IIiiII jjjpp -+ �'NG AGENDA A ll �IIOS. CONSTR TION CO.) INC. D' iITEM # TELEPHONE 805/543-5854 " GENERAL ENGINEERING CONTRACTOR P. O. BOX 809 SAN LUIS OBISPO, CALIFORNIA 93406 November 18, 1994NCIL WCDD DIR CAO 0 FIN DIR t ACRO 0 FIRE CHIEF y6TORNEY 0 PW DIR The Honorable Mayor Peg Pinard C RIO 0 POUCECHF O' City of San Luis Obispo 0 MGMT TEAM 0 REC DIR 990 Palm Street ❑ UTIL DIR San Luis Obispo, CA. 93401 P( 0 PERSDIR . Dear Mayor Peg Pinard: My concerns regarding government offices outside of the newly updated General Plan Land Use Element dated August 1994 . The following points that should be considered are as follows. Proposed. Request 1 ) 2877 South Higuera Street 2) Wants to allow government offices 3) Land Use Element (LUE) not consistant 4) Public health & safety 5) Traffic signals in congested area(s) b) Is there room for a bus pull out? 7) Bike lanes 8) Left turn from proposed site. 9) South Higuera St. going north 300 sq. ft. + , north of DMV narrows back down past property north of subject site. 10) General Plan - Service Commercial/Light Industrial Tri-Polar South Higuera St. 1) Traffic flow is working well 2) Social Security Administration Office of Hearings & Appeals Federal Judge (see attached ) 3) Parking 155 sq . ft. per stall , double city standards (C. I . Walter Center meets government requirements) 4) Tri-Pular Concept is working well and a part of adopted- Land Use Element dated August 1994: Sincerely , WALTER BROS. CONST. CO. , INC. Donald C. Walter C YCOUNCIL President "° n51SPp, ra STANDARD FORM 2 U.S. GOVERNMENT FEBRUARY 1965 EDmON ADMS LEASE FOR REAL PROPERTY FPR 141CFM 1D18.801 DATE OF LEASE N4 LEASE No. GS-096-94502 THIS LEASE, made and entered into this date between Walter.Bros. Construction Co., Inc. whose address is: P. 0. Box 809 San Luis Obispo,CA. 93406-0809 and whose interest in the property hereinafter described is that of OWNER, hereinafter called the LESSOR, and the UNITED STATES OF AMERICA, hereinafter called the Government. Social Security Administration Office of Hearings & Appeals WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: 947 net usable square feet of second floor office and related space located at 3220 S. Higuera Street, San Luis Obispo,California together with one (1) reserved parking space,as depicted on the attached floor plan, Exhibit A. to be used for SUCH PURPOSES AS DETERMINED BY THE GOVERNMENT. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on xxxxxxx through xxxxxxx subject to termination and renewal rights as may be hereinafter set forth. PARAGRAPH 2 I8 DELETED IN ITS ENTIRETY. SEE PARAGRAPH 9. 3. The Government shall pay the Lessor annual rent of at the rate of per MONTH in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: PARAGRAPH 3 I8 DELETED IN ITS ENTIRETY. SEE PARAGRAPH 10. 4 The Government may terminate this lease in whole at any time after the initial five-year firm term by giving at least sixty (60) days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the-option of the Government,for the following terms and at the following rentals: PARAGRAPH 5 IS DELETED IN ITS ENTIRETY. EXCEPTION TO SF2 APPROVED GSAIRIMS 12D89 .rte Ct ~7'y 6. The Lessor shall furnish to the Government as part of the rental consideration, the following: A. All labor, materials, equipment, design, professional fees, permit fees, inspection fees, utilities, construction drawings (including, without limitation, plans and specifications), construction costs and services and all other similar costs and expenses associated with the design, construction and installation of the Government's tenant improvements (including, without limitation, lump sum items as well as other constructed items) identified anywhere in this lease or otherwise agreed to by the parties in connection with the Government approved layout drawings and related documents,with the sole exception that the Government will pay the lump sum payments to the extent specifically identified herein as payable by the Government; B. All services utilities, maintenance, repair, replacement, inspections, improvements and other requirements and all labor and materials associated therewith which are provided for elsewhere in this lease including, without limitation, janitorial services that will be performed after normal business hours. 7. The following are attached and made a part hereof: All terms, conditions, and obligations of the Government and Lessor as set forth in the Solicitation for Offers No. MAC 94502,attached hereto, Solicitation for Offers No. 94502 amendments numbers 1 and 2, GSA Forms 3517; 3518; sheet no. 1 and 2 containing Paragraphs 9-20, Special Requirements, and Floor Plan (Exhibit W). S. The following changes were made in this lease prior to its execution: PARAGRAPHS 2, 3 and 5 OF THIS STANDARD FORM 2 HAVE BEEN DELETED IN THEIR ENTIRETY. PARAGRAPHS 9 THROUGH 20 HAVE BEEN ADDED. IN WITNESS WHEREOF the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR WA T ONSTR aN CO., INC. - BY 9 (Signature) IN PRE ENCE OF: fo 6ox req S'.�L+ris Obi>a 0A q3�J()G Sip re) (Address) UNITED STATES OF AMERICA / \ C BY / • -:. CONTRACTING OFFICER, GSA, PBS, RED STANDARD FORM 2 EXCEPTION TO SF2 APPROVED =-BRUARY 1965 EDITION SHEET NO.1 ATTACHED TO AND MADE A PART OF LEASE NO. GS-09B-94502 9. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on the day which the space is certified by the Government as complete and ready for occupancy through the following ten year term, subject to termination and renewal rights AS MAY BE HEREINAFTER SET FORTH. 10. The Government shall pay the Lessor annual rent as follows: For months one through sixty annual rent of $15,341.40 per annum at the rate of $1278.45 per month in arrears. For months 61 through 120 annual rent of $17,727..84 per annum at the rate of $1477.32 per month in arrears. Rent for a less period shall be prorated. Rent checks shall be made payable to: Walter Bros. Construction Co. , Inc. P. 0. Box 809 San Luis Obispo, CA. 93406-0809 11. Lessor shall have ninety (90) days from the date of receipt of Government approved layout drawings to complete build out of space. All items specified in Solicitation for Offers No. MCA 94502 of the premises known as Walter Bros. Building. 12. Pursuant to Paragraph 3.4, "Tax Adjustment" for purposes of tax escalation, the Government occupies 947/42,227 net usable square feet or 2.2% of the premises known as Walter Bros. Building, 3220 S. Higuera, San Luis Obispo, Ca. 13. Pursuant to Paragraph 3. 6, "Operating Costs", the base rate for purposes of operating cost escalation is established at $2.69 per net usable square foot per annum for the net usable square feet under lease. 14. Pursuant to Paragraph 3. 12, "Adjustment for Vacant Premise", in the event of the Government vacating in whole or part prior to lease expiration, the rental will be reduced by $2 .69 per net usable square foot per annum for operating expenses. 15. Pursuant to Paragraph 7.3, "Overtime Usage", if the Government requires overtime heat/air-conditioning there-will be no charge for such usage. l � 16. Pursuant to Paragraph 3. 1, "Unit Costs for Adjustment", the following negotiated amounts .shall be .debited and credited to the Lessor for build out which exceeds or does not equal the ratios as established in the lease agreement. Such ratios are as follows: 1) Floor to ceiling partitioning (regular) 1:6 sq. ft. 2) Electrical outlets 1:100 sq. ft. 3) Telephone outlets 1:100 sq. ft. 4) Interior doors. 1:140 sq. ft. UNIT PRICES ARE ESTABLISHED AS FOLLOWS: 1.) Floor to ceiling partitioning $ 25.00 L.F. 2) Floor mounted electrical outlet 95.00 each 3) Floor mounted telephone outlet 75.00 each 4) Wall mounted electrical outlet 165.00 each 5) Wall mounted telephone outlet 75.00 each 6) Interior door 475.00 each The amount of build out as actually required will be determined by the layout provided by the Government. No deviations from this layout will be allowed except for those changes as approved by the General Services Administration. 17. As agreed to, the Lessor will provide, if required, at no cost to the Government, a replacement reception counter. The laminate for the counter will be selected by General Services Administration from samples provided by the Lessor. Additionally, the Lessor has agreed to provide, if required, at no cost to the Government, an electric strike lock set with one remote signaling location. 18. Upon completion of the space, a physical measurement will be taken as part of the acceptance inspection. The lease will be supplemented to reflect actual square footage, and effective date of the lease for term and payment purposes. The square foot rate per year will be $16.20 per net usable square foot for office space. The square footage shall not exceed 1000 square feet. It is agreed that if the actual measurements reflect an excess of 1000 square feet contracted for, that the General Services Administration will pay only to the maximum of $16,200.00 per annum, regardless of the footage. 19. Pursuant to Paragraph 8.13 , "Radon Measurement and Corrective Action", the Lessor agrees to provide a radon certification within 150 days of award. . 20: Any items to be completed or corrected that have been identified at the acceptance of the space, which do not affect beneficial occupancy, shall be completed by the Lessor within thirty (30.) days of acceptance. "� G � C ILII I� ALT�R CROS• CONST°'rnfln DO N. TELEPHONE 8051543-5854 y GENERAL ENGINEERING CONTRACTOR Y/ P. O BOX 809 SAN LUIS OBISPO, CALIFORNIA 93406 November 149 1994 The Honorable Mayor Peg Pinard City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor Peg Pinard: In reference to PD 108-94, I 'm not sure I agree with their request. We are presently negotiating with the federal office of Social Security Administration and have been for over six months. Since we started negotiating, we have upgraded the 3240 Building .to new ADA requirements, new automatic lock system, and other Handicap items. It is my understanding that the rationale for relaxing the tri- polar concept is based on the proposition that the existing tri- polar areas no longer have the capacity to meet perceived government office space demands.- I do not believe that the tri-polar concept should be changed, nor do I believe that the capacity of the existing zoned government office center has been reached. L1fw• tri-polar concept has worked well since 1978 in preventing- the,..scattering_ of government offices throughout .the City: It has met and can continue to meet the Council ' s objective of locating government offices within identifiable areas having some commonality of purpose. By 1998, the Charles I . Walter Center, zoned for government offices, has the capacity to meet the identified -needs of the .Water Quality Control Board , the Highway Patrol , Cal Trans and - still have space available. We have conveyed our development plans- to the appropriate government agencies are are confident of our ability to accommodate future demand for government offices in San Luis Obispo. According to our recent projections, providing a graphic depiction of the availability of government office .space within the Walter Center . There is a potential for 128,360 square feet to become available by 1998 due to construction and lease { expirations. The construction schedule could be accelerated if l government agencies were interested in participating in a "build to suit" program. Mayor Peg Pinard Page 3 November 14, 1994 In consideration of the foregoing I urge you to maintain the tri- polar concept as it exists and as it has evolved through practice. If any modification is considered necessary it should be in the nature of expanding the current "O-PD" zone and not in creating scattered government office uses, or in creating a "fourth pole" , or extending the South Higuera - Prado Road pole up Hi.guera Street towards downtown. W".' the tri=polar. concept. is working very well. I:. would eciate a...;deniaL„91_,xt�e: equest-..based..on,,,its inconsistency r K.4th:;'the Land Use Element policies on •governmentwdfffices. Thank you for your consideration. Sincerely, WALTER BROS. CONST. CO. , INC. Donald C. Walter President (HALTERW, IMTP1111T ON CO., INC. ` A GENERAL ENGINEERING CONTRACTOR TELEPHONE 805/543-5854 P. O. BOX 809 SAN LUIS OBISPO, CALIFORNIA 93406 November 10, 1994 The Honorable Mayor Peg Pinard City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 REs Government Office Locational Policies PD 1OB-94 Dear Mayor Peg Pinard : On behalf of Walter Bros. Construction Co. , Inc. , I would like to put into simple perspective the policies that would once again allow the dispersal of government office uses outside the tri- polar concept currently contained in the General Plan. I have forwarded to you -- perhaps inundated you -- with a lengthy documentation on the history and success of the City ' s tri-polar policy . All the letters, graphs, lists, and statements contained in these materials have hopefully been useful to you. But their sheer volume has probably numbed you to our simple position. Our position on this matter is as follows: 1.1-% The tri-polar policy, South Higuera, Prado Road location should be maintained and expanded by increasing the size of the region covered by each of the poles; thereby providing for and protecting governmental uses in logical , localized, and identifiable areas in the community as government space needs increase. 2. Historically , the City ' s government office location policies have been a critical part of the City' s General . Plan since 1977. Any change to those policies or reconsideration of them was accomplished through the comprehensive Land Use Element Update. 3. In the short to mid-to--rm, facilities at the current South Higuera , Prado- Road government office complex are or can be made- to be adequate to handle government office demand as demonstrated in the- attached 5-year government office space projection. 1 l � Serving the People of California State of California / Health and Welfare Agency Pete Wilson,Governor 3220 S. Higuera, Suite 102 November 14, 1994 Employment Tax District Office San Luis Obispo, CA 93401 ,Telephone (805) 549-3512 Walter Brothers P O Box 809 San Luis Obispo, CA 93406 Gentlepersons: Providing the public with efficient service is government's biggest challenge in this fast changing environment. The people of California deserve efficient and convenient service from all governmental agencies. Over the past 13 years that I have been in state government,I have heard the public ask for one-stop service. The current location of federal, state and county governmental agencies allows efficient and convenient service to the public. Considering our bad economic situation in California,the least government 1 can do is make governmental service available to the public without the additional hardship of having them travel from one location to another within our community. For some of our clientele,this may even make it impossible for some of them to access these needed services. If the primary goal of planners was to provide the most convenient location of service agencies to its local population,then the complex we presently occupy fulfills that goal. We applaud future planning efforts that continue to meet the needs of our clientele. We ask that this plan continue for the-efficiency and convenience of the people of our great City and County of San Luis Obispo. Thanks for the opportunity to have input respecting this issue. Wit Respe , C/lJ� Timot y L. Su cal District Tax Ad inistrator Employment Development Department WALTER BROS. ,) CONSTRUCTION CO.. INC. / GEMEYAt ENGWEMr G COMrv•rr0o5 • 0EA1ESrArE DEVEEODMEMr HISTORY OF PADRE PLAZA AND CHARLES I . WALTER CENTER At its conception the long range plan for Padre Plaza was a retail commercial plaza. The original goal in 1973 was for seven buildings, all of which have been completed with the exception of the corner lot which was set aside for a bank or savings and loan branch. This Walter Brothers project was one of the first in the City to allow a bike lane and delete street parking. This concept and original plan was later changed to a government center. The first building to be constructed was at 3250 South Higuera Street. This was built as a deli - liquor store to be owned and operated by Walter Bros. Construction. In addition to the 49500 square foot store, there was an additional 3,500 square feet of leasable space built, making the total square footage of the building 8,000 square feet. The County of San Luis Obispo approached Walter Brothers to build to suit a 10,000 square foot building for the purpose of housing the food stamp operation for Social Services. This building, known as Building M2, was constructed in 1978 and in 1985, was re-leased to the Federal Social Security Administration. In 1978, Walter Brothers was contacted by a private party interested in a build to suit of a 4,000 square foot building for the purpose of a restaurant. In 1990 it was converted to an office for the State Compensation Insurance Fund. At the same time the State of California put out a bid for design and construction of a 12,000 square foot building for the use of Employment Development Department. Walter Brothers was the successful bidder and in 1979- both restaurant and Employment Development Department were built. In 1979, the city rezoned the property to public facility for government agency use. In 1980, County officials once again contacted Walter Brothers with the prospect of a new building to consolidate all . Social Services functions under one roof . They were looking for 21,000 square feet. After making contact with other county departments, state and federal agencies it was agreed that there was a need for rental space of 42,000 square feet. Walter Brothers felt at this time it would be beneficial to construct an additional 13,000 square feet , as this was going to be considered the new south "Government Center" in the city of San Luis Obispo. Construction of the three story , glass and steel 55,000 square foot Building Five commenced in 1979, and was completed in December of 1981 . A three floor concrete parking -structure was completed adjacent to Building Five at the same time. In 1981 , the city adopted the tri-polar concept, which meant the South Higuera property would be 'a government center separate from the downtown area . / In 1986, Walter Brothers completed another build to suit for the State of California, an 8,600 square foot building occupied by the Department of Motor Vehicles. At this time, the center was occupied by state, federal and county agencies. The city' s idea was to consolidate government functions so the public would not have to make several stops to meet their needs. This has worked very well for_ the needs of the publics for example DMV, EDD, IRS and Social Security are all conveniently in one central location . Additional benefits to the public from the South Higuera government center include two major signal installations -- at the South Higuera "south pole" are intersections at Margarita Avenue, and at Prado Road . Walter Brothers has built a full .bus pull out and a glass enclosed bus shelter, the first of its .kind in the city of San Luis .Obispo. The latest addition to the Charles I . Walter Center, completed early in 1990, is Building Seven, a 17,000 square foot two-story structure leased to the State of California. A new parking lot on the South Higuera frontage was constructed at the same time. This building was built in response to the burgeoning demand for office space by government agencies. Walter Brothers, seeing a need of government growth started in the summer of 19B9 to work on additional space for the government l center, and is working on two projects at the present time. The first project, a drawing of which is enclosed, is an addition to building number 4 at 3196 South Higuera. The project consists of the addition of a 159000 square foot second story to the existing building. The second project consists of the addition of a two-story , 30,000 square foot building on the corner lot at South Higuera and Prado Roads. Two floors of underground parking will serve this office building. As with the entire center, good access to Highway 101 is an asset. These projects are in the planning stage only . Approval of the City will need to be obtained. In 1993, the County of San Luis Obispo moved to their own Social Services building on their newly acquired property at South Higuera and Prado Road. The completion of this building by the County have freed up approximate-ly 33,000 _.square._feet of office space in the three story 3220 South Higuera building. As of this date we have been able to fill the county space by eighty percent with Dept. of Water Resources, Cal -Trans Engineering, expansion of EDD Tax Office and GSA Federal- Judge. Our five year development plan , and Walter Brothers development plans now are over a ten year period . have been projected for the next ten years. Walter Brothers' goals, including our planning and new projects to come will not only meet government's space needs, but also keep our tri-polar zoning working in a functional manner in the future to come. -------------. , FIGURE 4 CAL POLY I CIVIC CENTER CULTURAL FACILITIES AREA: ..O " '-HEALTH CARE AREA .� MOUMA NW r ---• S r r , CIAL SERV E� AREA +• � 1 uMOwf i i nN NOT TO SCALE W CITY LIMIT LINE PUBLIC FACILITIES AREAS 42 '�-0" Land Use Element Undate Hearing Draft PUBLIC & CULTURAL FACILITIES Introduction As the County seat and a cultural center for the region, San Luis Obispo plans to accommodate several types of facilities to support government and cultural services. This section describes preferred locations for various types of facilities. POLICIES Public facilities Di nment offices that'.provide.similar.types.of-services,should be*grouped for efficient.service delivery. Within any area,shown-as a.preferred location for publ facilities;.there may be-compatible private businesses,so long as. they do net.displ=athexpmferre hlie-agencies.. 52 Government agencies should cooperatively plan for new or expanded facilities. They should consider joint projects when mutual objectives can be met. 53 There should be a downtown civic cemer (Figure 4). The following functions should be located in the civic center, along with compatible businesses: 1 A. City council offices and meeting rooms,.clerk, administration, finance, attorney, personnel, community development, utilities, and public works administration and engineering. Any additional space for these functions shouldbe in or close to City Hall. B. County supervisors offices and meeting rooms, administration, courts, jury commissioner; clerk, auditor, assessor, counsel, district attorney, personnel, engineering, planning and building, environmental coordinator, and voter - registration. Any additional space for thege functions should be provided in or close to the County Government Center-(Courthouse block). 5.4 There should be a health-care area on Johnson Avenue near Bishop Street (Figure 4). The following functions should be located in the health-care area: A. Public Health Department; General Hospital; Mental Health Services. B. Other public or private offices or health facilities found to support the continued viability of General Hospital. gmD: LUE-PUBMF 41 J h � r a r -x s $ w. ::g OV r e # `.•Street. ands SQ •bege�r tb `,-rte='spot,; -: inSan Luis Obtsp�;shanty became a peimanent ! y ai5poles apart;b r'tent�=• �k `Onl 'take-some!Y ' Council ded - _ ..""bat:--two.y-.,>SitOr-- . •�'i LIf •.�abDY�'. f. «. s "BhdnldbecOme.Wltaflny'. new:soutlipole;ia• =; ; site`bh�S��ouyt>d/'� gat , 4 t- - hai • ya 'Yip 414 -i �, Jnr'+.:. - F G•L ' r 'e7enCet;�er:.'.tli`�^.4 +'r � . • ..d '.: ,.won'tris`• .'� L1Gamma3�i: `November-'10. set_- up�e:El 4 Sorarit-Nluld apply _ there`' •`'• ,8 rmiG t°Occu its do r; Not 'Ion .afterward-. ' I on he blacl `- ..., . :. !;' ih&t"of t — r_ had a requestTgaVP�'finaY: ti Oantj!. $OCia�l- Sa;wi -I'..µ�+�, . ..:$u e.... ; part�nMt. to-:move neat; --setting +�a-:time:,when:., .A. to 'the employmenti r,shoppin�tua N Y r v �� � "i fir. w •rL .,«• , I tr to whey t aix e x .•: r rl r. , �.... .. ...al. •f rk AVE 96 1 r r r� I GENERAL PLAN I LAND USE ELEMENT Adopted by the City Council ` of San Luis Obispo on the 23rd day of August, Resolution #18332 (1994 Series) f 41 D.. Government social services and the regional offices of state.and.federal,agencies should be near.the intersections of South Higuera Street, Prado Road;ina"Highway 101 (Figure 5); E. Large offices, with no single tenant space less than 2,500 square feet, and having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts, subject to approval of a Planned Development zoning application. 3.3.3 Offices Outside Designated Areas Existing office buildings outside the areas described in policy 3.3.2 may continue to be used and may have minor expansions if they: tA. Have access directly from collector or arterial streets, not local residential streets; B. Will not significantly increase traffic in residential areas; C. Will not have significant adverse impacts on nearby uses. 3.3.4 Building Conservation Historic or architecturally significant buildings located in Office districts should be conserved, not replaced. 3.3.5 Building Intensity The ratio of building floor area to site area shall not exceed 1.5. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. When dwellings are provided in Office districts, they shall not exceed 12 units per acre. So long as the floor area ratio is not exceeded, the maximum residential I density may be developed in addition to nonresidential development on a site. (See the residential section for policies on density bonuses for affordable housing.) 3.4 Tourist Commercial 3.4.1 Basis for Tourism The City should be an attractive place for short-term stays, as well as an attractive destination for long-term visitors. The City should base its attraction on the-character of'the community, its natural qualities, and its educational and cultural facilities. The City should emphasize conference and visitor-serving facilities which have a low impact upon the environment and upon existing land forms and landscapes, and which provide low-impact visitor activities and low-impact means of transportation. ' 3.4.2 Locations Visitor-serving uses should be integrated with other types of uses, including overnight accommodations downtown, near the airport, and near the train station; small-scale facilities (such as hostels or bed-and-breakfast places) may be located in Medium-High Density Residential and High-Density Residential Districts, where compatible. Visitor-serving uses are especially appropriate where such uses have already concentrated: Land Use Element 56 -771j 1 I I I I I I 1 I i CMC CENTER j 1 i CULTURAL FACILITIES AREA ! HEALTH CARE 1 AREA 1 i r-- i •� SERVICES , i • 7 j I � i - I FIGURE 5 Cly! Or PUBLIC FACILITIES AREAS , San WIS OBISpo PUB-CCWE 57 B. Other public or private offices or health facilities found to support the continued viability of General Hospital. If County General Hospital is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional transportation systems. If County General Hospital is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional / transportation systems. /5.1.6 Social Services There should be a socia!-services area on South Higuera;Street near Prado Road (Figure 5). The following functions should be located in the social services area: County Social Services; California Employment Development and Rehabilitation; federal Social✓ Security Administration. This area should have sufficient space to accommodate regional offices ' of state and federal agencies. 5.1.7 Related Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, but functionally related to them, should be located in the appropriate area. 5.1.8 Unrelated Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, and not ' functionally related to the named offices, should be consolidated at the social services area, or they may be expanded at their present locations or within designated office areas. 5.1.9 Different Offices Government and private activities of types not listed in policies 5.1.4, 5, and 6 may be established in these identified areas, so long as they are compatible with and do not displace the government functions which should be located in the areas. E5.1.10 Other Government Functions Some government functions which have been provided at certain locations in the City should be located close to related activities, though they should Inot be bound to any one of the identified centers. Such functions include: A. Probation - suitable for ti,e civic center (courts), the County operational center on IHighway 1 (sheriff), or the social services area; B. Alcohol and drug treatment programs - suitable for the social-services area or the health-care area. 5.1.11 Consolidation Desired It would be"desirable to consolidate government agencies dealing with environmental quality, such as the Regional Water Quality Control Board and the County Air Pollution Control District. I 5.1.12 Building Intensity Buildings in Public Facility areas will have a wide range of I characteristics, since they can range from downtown offices and meeting rooms to fire stations and maintenance yards at the edges of the City. The appropriate building intensity for each I'u' NIMEETING DATE: +INuIN� II City of San 'A.11S OBISPO COUNC... AGENDA REPITEM NUMBER:T FROM: Amold Jonas, Community Development Director �• BY: Judith Lautner,•,Associate Planner SUBJECT: PD 108-94: Amendment to an approved planned development allowing large offices, to allow government offices. CAO RECOMMENDATION By motion, deny the request, based on finding it inconsistent with Land Use Element policies on governmental offices, as recommended by the Planning Commission. DISCUSSION Backeround A planned development rezoning was approved for the site in 1991, to allow large (2,500 SF or larger) office tenants at the site. Because of the City's tri-polar policy, governmental offices were specifically excluded-from-the list-ofofficer-allowed-at the site.-'Now the applicant- wants-to amend the preliminary development plan conditions to allow governmental offices. The Planning Commission reviewed the request on October 12, 1994, and recommended denial of the request. Project description The applicants want to amend a planned development plan for the site, which allows certain large (over 2,500 square feet} offices, to allow governmental offices, with approval of an administrative use permit. Evaluation Please refer to the attached Planning Commission report for an evaluation of this request, along with the following additional information: 1. The request was expanded at the Planning Commission meeting. The representative o pointed out at the Planning Commission hearing thatthe request is not for a specific tenant, as wVig stigg`esteb in the application materials.' The tenant interested in the space is the Federal Social Security Administration, but the representative would like the Planned Development amended to allow governmental offices in general. Planning Commissioners debated the advisability of allowing governmental offices at the site, with a use permit requirement to:determine if specific governmental tenants are appropriate at that location. Discussion focussed primarily on the meaning of paragraphs 5. 1.6, 5. 1.7, and 5. 1.8 from the Land Use Element (LUE), attached. The majority of the Commission concluded that few offices would meet the criteria in the LUE for location outside the three governmental "nodes" defined in the element. Because of this, STRONt ;, po), . ■■ PLANNING SERVICES C•f:C CIUE NA VISTA.',t.N i.i ii5 OOI5P0 CAL if ORNIA AipS August 16, 1994 Mr. Arnold Jonas Community Development Director t C E IV E CITY OF SAN LUIS OBISPO AUG ' „g94 City Hall, 990 Palm Street San Luis Obispo, CA 93401 =;7;OF SAN LUIS oaIs� Subject: Amendment of PD 1488, and Ordinance NO. 1186, C-S-PD, 2877 South Higuera Street Dear Arnold: M we discussed last month,the new owner of the above C.-S-PD.zoned"propertywants-to-pursne— - posstble lease of approximately 7500 square foot of the proposed 15,000 sq. ft. office building to. a single governmental tenant—the Social Security Administration Regional Service Center. .Previously, this tenant has been located in leased space at 3240 South ITiguera Street, San Luis Obispo. / Unfortunately, this opportunity appears to be prohibited or constrained by the final sentence of condition 94 of Ordinance No. 1186 (1991 series) which provided that "Government offices shall be prohibited..." in PD 1488. Similar restrictions for other planned developments including Westwinds Commerce Park on South Street, Pacific Coast Center at South Higuera and Madonna Road, and Gran da at-tenter at Granada Drive and South Higuera have been amended or approved to allow governmental office tenants. Additionally, a large proposed office park on the north side of Prado Road between Freeway 101 interchange and San Luis Obispo Creek has also been approved for governmental office expansion if or when flooding and other constraints can be corrected. From a practical standpoint as well as coordinated land use and circulation planning, the most diverseand broadest component of the "tri-polar" governmental office complex is more accurately a corridor along South Higuera Street between Tank Farm Road and Madonna Road containing a diverse mix of social service and other County and State offices. The downtown complex of City and County administrative offices and courts are clearly not capable of accommodating the large scale and specialized governmental offices such as the-DMV,- welfare. nor social security offices. And the General Hospital complex on Johnson Avenue, while containing some unrelated APCD and probation offices is essentially intended for health care and related public services. Thus, the South Higuera Street corridor has developed with numerous other governmental offices and this approved planned development would be conveniently central j ' to that corridor complex. • Ae -/7' Mr. Arnold Jonas August 16, 1994 Page 2 We request that the exclusion of government offices provided by the last sentence of condition 4 be deleted and that government offices be either expressly allowed by inclusion in condition 2 or conditionally allowed by listing in condition 6. In any event, it is evident that this restriction is counterproductive to the intent of the tri-polar concept for government office development and logical land use and circulation along the South Higuera Street corridor. Enclosed are the required planning application forms and planned development rezoning (amendment) application statement for PD 1488 revision. No map change, legal description, objectives, development standards, findings or other changes to the site plan and grading exceptions are required. The check for $1578 for PD zoning amendment and $526 initial study filing fee is being sent by the applicant and should be received by the City within 5 days. This change could enable or facilitate a planned development providing permanent hillside open space and desired office development as previously approved. It would also encourage the social security administration to economically relocate in an existing concentration of similar governmental offices rather than an unrelated, separate location. If you or other community development department staff want to discuss this proposal further or suggest other PD amendments, please call me at (805) 543-9560 or(619) 341-2798. Sincerel , Rob Strong, A.I.C.P. cc Lewis Wise, applicant JJJ r-_.---------•• . n� �ro'tI C, F to w,5 VIEW CAL Poky CIVIC CENTER . ::ULT-URAL FACILITIES AREA. % � .,HEALTH CARE AREA IL GgveA 1JlEll FRC.I L tTt5 L\ . `I el i N NOT TO SCALE U^!VYR L1ME---_- � - pj- Sj FIGURE 5 RSV 15l—=D PUBLIC FACILITIES AREAS PUB<C.LUE 50 7.2 . 8.9� • :r 1 t✓.«,1NANCE NO. (1994 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING AN APPROVED PLANNED DEVELOPMENT AT 2877 SOUTH HIGUERA STREET THAT ALLOWS LARGE OFFICES, TO ALLOW GOVERNMENTAL OFFICES (PD 108-94) WHEREAS, the City Council has held a hearing to consider the planned development amendment request PD 108-94; and WHEREAS, the City Council makes the following findings; Findings —The�7amendrrenrirs-wnsi=t with-theaetreratpian-L-and-tse-Elemenr-specfrczHy---- with policies for public facilities. 2. The overall planned development rezoning of which this application is apart, and with which approved land uses it conforms, was previously granted a negative declaration of environmental significance by the City Council. No further environmental review is required. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Planned Development PD 108-94, which amends PD 1488, is hereby approved, based on the above findings and all of the findings in Ordinance 1186 (1991 Series). SECTION 2. The Planned Development PD 108-94 is subject to all of the conditions in ordinance 1186, which is attached and made part of this.ordinance, with the following amendment to condition /14: 4. Office-related uses which are porhibited by Section 17.22.010, Footnote 10, shall be prhibited: banks, real estate offices, financial institutions, medical clinics, doctors offices, and lawyers offices. t . W V�V V _ ZONING REGULATIONS August 12, 1994 city of �.� san lues oaispo O is 9-Uses Allowed by Zone -FR-. R-2 /OS Oil PF %w-N C-C C-R C-T C-S M Gas distributors- containerized D A (butane, propane. oxygen, A acetylene, etc.) I% ............. Government agency corporation ........ ........... A A .. ....... ........... yards .... ...... .... ............. GOVRQNWMII-! ffimss and rV D % High occupancy residential use D Home business(sea Section 17.08.0401 ........ .......... Homeless shelters(see Section PC PC ........ PC PC 17.08.110) X: . ....... PC PC x Hostels PC ..A: A X % Hospitals PC Hot tubs-commercial use ............. ...... PC PC PC D. PC PC .. ........ Insurance service-local A A .... ........ Insurance services- regional office A .... ....... 0. Laboratories (medical. analytical ....... .... ... ....... PC A ...... ..... ...... A ............ research) Laundry/dry cleaner -cleaning plant A A .............. -pickup point A - self-service A A A A D .......... Libraries ............ ........... A7 T.C. A .... ......... ... ............ ......... Manufacturing-food. beverages. ........ .... ..... ............ D ............ ..... ... .. ...... ice; apparel;electronic. optical, ... ..... ......... ... . ... instrumentation products,jewelry . ........ ...... . . ..... .. .... .. .. .. ...... musical instruments:sporting goods; art materials ............... ........... ... .......... Manufacturing-basic metals. ....... ... ... chemicals, building materials, fabricated metals, textiles, paper and cardboard;machinery, transportation equipment .......... ........... Mineral extraction (see Section PC PC::� PC FIC...'....... PC PC ..:P P-C PC P.C:... PC. PC 17-08.020) ........... A Mobile home parks ......... .. Mobile home as construction .......... office (sea Section 17.08.010C) ....... .......... Mobile homes as temporary A. A A. A A A residence at building site (see ....... Section 17.08.010F) ... ... Mortuaries D D.. A Motels, hotels, bed and breakfast A A A inns - -----L---------- oos Allowed b is 9-U' we y Gila distributors _ contain (butane, Propane. oxVgarJ A = Allowed D - Director's approval required PC Planning Commission approval required AID = Director's approval on ground floor: allowed above. The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 42 MEETING DATE: ali,� l city of san 3 OBISPO J — — COUNCIL AGENDA REPORT ITEM NUMBER: �[ FROM: Arnold Jonas, Community Development Director BY: Judith Lautner,.,Associate Planner SUBJECT: PD 108-94: Amendment to an approved planned development allowing large offices, to allow government offices. CAO RECOMMENDATION By motion, deny the request, based on finding it inconsistent with Land Use Element policies on governmental offices, as recommended by the Planning Commission. DISCUSSION Background A planned development rezoning was approved for the site in 1991, to allow large (2,500 SF or larger) office tenants at the site. Because of the City's tri-polar policy, governmental offices were specifically excluded from the list of offices allowed at the site. Now the applicant wants to amend the preliminary development plan conditions to allow governmental offices. The Planning Commission reviewed the request on October 12, 1994, and recommended denial of the request. Project descri2tion The applicants want to amend a planned development plan for the site, which allows certain large (over 2,500 square feet) offices, to allow governmental offices, with approval of an administrative use permit. Evaluation Please refer to the attached Planning Commission report for an evaluation of this request, along with the following additional information:- 1. The request was expanded at the Planning Commission meeting. The representative pointed out at the Planning Commission hearing that the request is not for a specific tenant, as wa3'stiggested in the application materials. The tenant interested in the space is the Federal Social Security Administration, but the representative would like the Planned Development amended to allow governmental offices in general. Planning Commissioners debated the advisability of allowing governmental offices at the site; with a use permit requirement to. determine .if specific governmental tenants are appropriate at that location. Discussion focussed primarily on the meaning of paragraphs 5.1.6, 5. 1.7, and 5. 1.8 from the Land Use Element (LUE), attached. The majority of the Commission concluded that few offices would meet the criteria in the LUE for I location outside the three governmental "nodes" defined in the element. Because of this, PUBLIC & CULTURAL FACILITIES Introduction As the County seat and a cultural center for the region, San Luis Obispo plans to accommodate several types of facilities to support government and cultural services. This section describes preferred locations for various types of facilities. POLICIES 5.1-Pub 'aellities 4XMVC: Group[ne far Convi n' lebbeV. Government offices tharpitivide-similar�types of sely es s o ld tie grcdf tient'seevice%delivery. 5.1.2 Private Businesses Within any area shown as a preferred location for public facilities, there may be compatible private businesses, so long as they do not displace tt. preferred public agencies. 5.1.3 Joint Projects Government agencies should cooperatively plan for new or expanded facilities. They should consider joint projects when mutual objectives can be met. 5.1.4 Civic Center There should be a downtown civic center (Figure 5). The following functions should be located in the civic center, along with compatible businesses: A. City Council offices and meeting rooms, clerk, administration, finance, attorney, personnel, community development, utilities, and public works administration and engineering. Any additional space for these functions should be in or close to-City Hall: B. County supervisors offices and meeting rooms, administration, courts, jury commissioner, clerk, auditor, assessor, counsel, district attorney, personnel, engineering, planning .and building, environmental coordinator, and voter registration. Any additional space for these functions should be provided in: or close to the County Government Center (Courthouse block). 5.1.5 Health Care There should be a health-care area on Johnson Avenue near Bishop Street (Figure 5). The following functions should be located in the health-care area: A. Public Health Department; General Hospital; Menial Heahh Services. 57 B. Other public or private offices or health facilities found to support the continued viability of General Hospital. If County General Hospital is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional transportation systems. If County General Hospital is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional transportation systems. aSAA.Social Services •There should be a social-services area on South Higuera Street near Prado Road (Figure 5). The following functions should be located in the social services area: County Social Services; California Employment Development and Rehabilitation; federal Social Security Administration. This area should have sufficient space to accommodate regional offices of state and federal agencies. 5.1.7 Related Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, but functionally related to them, should be located in the appropriate area. 5.1.8 Unrelated Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, and not functionally related to the named offices, should be consolidated at the social services area, or they may be expanded at their present locations or within designated office areas. 5.1.9 Different OfTices Government and private activities of types not listed in policies 5.1.4, 5. and 6 may be established in these identified areas, so long as they are compatible with and do not displace the government functions which should be located in the areas. —5.1.10 Other Government Functions Some government functions which have been provided at certain locations in the City should be located close-to related activities, though thev should not be bound to any one of the identified centers. Such functions include: A. Probation - suitable for the civic center (courts), the County_ operational center on Highway 1 (sheriff), or the social services area: B. Alcohol and drug treatment programs - suitable for the social-services area or the health-care area. - 5.1.11 Consolidation Desired It would be- desirable_to. consolidate government agencies dealing with environmental quality, such as the Regional Water Quality- Control Board and the County Air Pollution Control District. 5.1.12 Building Intensity Buildings in Public Facility areas will have a wide range of characteristics. since they can range from downtown offices and meeting rooms to fire stations and maintenance yards at the edges of the City. The appropriate building intensity for each _and Use Element I I j 1 I I r j I � j - _ r I r I ; ! I CMC CENTER i CULTURAL FACiLIT1ES AREA I ! ! I HEALTH CARE ! AREA C 1 SOCIAL SERVICES ' AREA 1 ' r I / / I / I _ r FIGURE 5 l '? san uis os�spo PUBLIC FACILITIES AREAS L i _C .w Lv� 'o " �. �ZZo 50. Iyero�__ STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES OFFICE OF REAL ESTATE AND DESIGN SERVICES STANDARD LEASE FORM LEASE COVERING PREMISES LOCATED AT 3220 South Higuem Street, Suite 101 San Luis Obispo, CA 93401 LESSOR'S FED,TAX, I.M.NO. OR SOCIAL SECURITY N0. Project No.: 9305020 95-2451872 TENANT AGENCY _ DEPARTMENT OF WATER RESOURCES Preamble 4;THIS LEASErmade and-enteredittie this 25th day of Octobcr. 1993by aad lietweut WALTER BROTE MRS CONSTRUCTION COMPANVII.INC. a. hereinafter called the Lessor,without distinctiotvas to number or gender,and the State of California, acting by and through the Dirzctor of the Department of Genual Services,hereinafter,ealled thr✓Slate;' �Wy,'I 7aSSETH Description: 1. The Leasor hereby leases,uote;tlin Stalle and the State hereby hires-frortithe,Lpsor those certain premises with the appurtenances situated in the City of San Luis Obisoo,,County of San Luis Obisoo;,Statr-of California, and ' more particularly described as follows: Approximately 4,488,nct usabti square f6d of office space on tha•first floor of the building located at 3220 South Higucra Street, Suite 101., si outlined in. red on the attached Exhibit 'A' Plan, together with Specifications marked Exhibit 'B,' said Exhibits.'A' and 'B,' Transaction No. 9305020.dated 10-4-93, being incorporated by reference into this lease, and-including twenty two (22)noriexelusive unobstructed parking spaces contiguous and adjacent to.the subject builduig,'and unlimited use of the building's common facilities. Term 2. The term of this lease shalL.conimeo a on January 1. 1994, and shall end on December 31: 1999,with such rights of termination as may be hereinafter expressly set forth. Early 3. The State may terminate this lease at any time effective on or after December 31, 1997, by giving written I Termination notice to the Lessor at least thin 0 days prior to the date when such termination shall become effective. Rent 4. Rental shall be paid by the Stale in arrears on the last day of each month during said term as follows: FOUR THOUSAND NINE HUNDRED THIRTY SEVEN AND NO/100 DOLLARS (54,937.00) kARTM STATE OFCALJFORHIA [ OFFICE G. ...:A �AANND DESIGN SERVICES STANDARD LEASE FORM L LEASE COVERING PREMISES LOCATED AT 3220 South Higuera Street, Suite 300 San Luis Obispo, CA 93401 LESSOR'S FED,TAX, I.D..NO, OR SOCIAL LEC!�R17Y NO. Project No.: 9304M 92-245-1872 TENANT AGENCY �y'Rs'.�::'' - •:T_�.-. Rj!., DEPARTMENT OF TRANSpppATION.: Preamble THE I1'.ASSt madeand&*X1d'intn thi5451rday-a`tl by and between I ;•y ,rr'Ac'9VALTEIt$ROTAERS C-OW RUC i0ift6W1PANY;1NC., .st a catvia C �fo hersina'lbir called the Leaver,without distinetiote s to number,andthc State of erl mia,acting by and through the Director of the Department of Cenerw Services, psllod thi State;b ? ' -rte ._y DescrWm /ice • 3:/ �.. ':.r r: cby�+ �` // phi !fiosktho teaaor thoi6 egfim premises witk the ipp�urtanaooea lutud m t$e City Ship pfiCa$foraia,and I moroparticular) in follows: 8 3i Appro^k..bit_ 0, used F. _.. ? r sgirr6 on fibetw 5ttt' flour of:the buil located at - 3220 South Hrgulra- ea Suite 300�-ea� �o�the a" Exhibit 'A' Plan,!,toji<ether with 4eci6cations marked Exhibit 'B,- said Exhibits Ar r .f$6*%'1'ripeiotioh No..9304057 datedQW/94, being inoocpoated byttefraeace into this lease, and.iaa tig�hneF- ,pxd ir.unobstructed panting spaces contiguous and adjacent to theaubjed lou .g8miof ttildg' mcililies . .. ri . c Term 2.^Thelim of<tbia lease shall comnicnewoa 7vndP.'1994. and:shall cod on May 31.2002._vvith such rights of terminationes maybe hereinaRet expiessly set forth."" - Early 3. The State may terminate this lease at any time effective on ozJ after Mav 31. 1998.by giving written notice Termination to the Leaver,at leak tthiztjy(30)days prior to the date whea.queh.tetmalation'shall become effective. Rent 4. Rental shall be paid by the Stato in arrears on tbe-kst'day of each month during said term as follows: TWO THOUSAND SEVEN HUNDRED SEVENTEEN'AND NO/100 DOLLARS ($2,717.00). .. Page-1-OREDS(9/93) �.•.�r.•.noov...rr ZO Sa• fT}�u�'0� 103 0 AMENDMENT TO LEASE NDMENT 1 056 3) TRANSACTION ILOO. 2850 NO• 9001 THIS AMENDMENT TO LEASE, made and entered into this 14th day of JANUARY, 1993, by and between WALTER BROTHERS CONSTRUCTION COMPANY, A California Corporation, hereinafter called Lessor, and the State of California acting by and through the Director of the Department of General Services, hereinafter called the State. W .I T N E. S. S, E T H: WHEREAS, under lease dated September'28, 1981 ..and as held over on a month-to=month basis the State hires frow lessor certain. prem.ises located at 3220 South Higuera Street, Suite 103B, San Luis Obispo, .CA as more- particularly described in said lease; and WHEREAS the_-parties her_eto.desire .ta.;amend:'said-;lease:;t6,;(1)' exf end ••;.. J J ttie:term;' (2) change the cancellation date;'(3)" adjust=th6. monthly rental . payable;: (4) delete the existing, operating.expense .escalator clause; and (5) delete the existing tax escalator provision. NOW THEREFORE, it is mutually agreed between the parties hereto as follows: 1. Effective March 1, 1993 the ending date as shown .in paragraph 2 of said lease changed to read February 28, 1998. 2. Effective March 1, 1993 the cancellation date as shown in paragraph 3 of said lease is changed to read February 28, 1996. 3. Effective-March 1, 1993, the monthly rent payable under paragraph 3 of said lease shall be decreased by $141 .45, making the total monthly amount payable under this lease $1,000.00 up to and including February 28, 1996 and $1 , 100.00 thereafter. Page 1 of 3 E COVERING PREMISESl_OCA�—c0 AT _ • 'rfr•1S' 3220 S. Higuera Street, Suite 1038 ,:,n� San Luis Obispo CA 6 �- ', L'• LESSOR'S FED.TAX I.D.NO.OR SOCIAL SECURITY NO. 95-241872 AGENCY Department of Housing and Community Development Preamble THIS LEASE.made and entered into this 28th day of September 19�, by and between WALTER BROS. CONSTRUCTION CO. , INC. , a California Corporation hereinafter called the Lessor,without distinction as to number or gender,and the State of california,acting by and through the Director of the Department of General Services,hereinafter called the State; WrrNESSETH Description .1. The Lessor hereby leases unto the State and the State hemby.hien Iris Ift the Lessor those certain premises with the -appurtenances situated in the City of San Luis Obispo ;Count ycf_ San Luis Obi4no State of California,and more particularly descnbed as follows: . . .Approximately 1,000 net usable square feet (1,150 gross square feet) of office space on the first floor of the Social Services Center Building located at 3226 South- I+iguera Street, San Luis 06i'spo- -'as "outlined in red-on the- attached Exhibit "A" .plan, .together with =specifications' !narked Exhibit "B", .said Exhibits "A" 'an& "B";- Tkansaction .No. 8107099, dated :9'=28-81`; 'bei ng incorporated :by reference alta:th,1s .l ease, and t; ! inc9udi•ng?six.` G64Lexclusive unobstructed. parkil`K�i' Gies=contiguous'to the subject building, and unlimited use of the building.'s common facilities.. G::" ::"I d Term 2. The term of this lease shall commence on December 1. 19 81 sad shau end on November 30 19 92 ,,Lith such rights of termination as may be hereinafter expressly set forth. Early 3. The State may terminate this lease at any time effective on or after November 30, 1983 Termination by giving written notice to the Lessor at least Thirty days prior to the date when such termination shall become effective. Rent 4- Rental shalt be paid by the State in arrears on the last day of each month during said term as follows: ONE THOUSAND SEVENTY AND NO/100 DOLLARS - ($1 ,070.00) Rental pavable hereunder for any period of time less than one month shall be determine.d by proratir%the monthly rcntal hertic specified based on the actual number of clays in the month. Rental shall be paid to Lessor at the address specified in paragraph S - or to such other address as the Leisor may designate by a nutice to writing. SNIO.1 (7173) —DACE 1 ®®k STRONG goy MEN PLANNING N a K SERVICES CI:C CiIEIJA'JI$T4•old. OBi$F'rl LpUrrjFflin'IJ�OS ' 9gaS�.7'fShQ August 16, 1994 Mr. Arnold Jonas t C E I V E 1 Community Development Director CITY OF SAN LUIS OBISPO AUG 1 7 1994 City Hall, 990 Palm Street San Luis Obispo, CA 9340 T ='r' of sary�u,s oa,s CITY F SA LUIS . Subject: Amendment of PD 1488, and Ordinance NO. 1 ]86, C-S-PD, 2877 South Higuera Street Dear Arnold: As we discussed last month, the new owner of the above C-S-PD zoned-property wants-to-pursuer-- possible lease of approximately 7500 square foot of the proposed 15,000 sq. ft. office building to a single governmental tenant—the Social Security Administration Regional Service Center. Previously, this tenant has been located in leased space at 3240 South Higuera Street, San Luis 1 Obispo. Unfortunately, this opportunity appears to be prohibited or constrained by the final sentence of condition 44 of Ordinance No. 1186 (1991 series) which provided that "Government offices shall be prohibited..." in PD 1488. Similar restrictions for other planned developments including Westwinds Commerce Park on South Street, Pacific Coast Center at South Higuera and Madonna Road, and Granadatenter at Granada Drive and South Higuera have been amended or approved to allow governmental office tenants. Additionally, a large.proposed office park on the north side of Prado Road between Freeway 101 interchange and San Luis Obispo Creek has also been approved for governmental office expansion if or when flooding and other constraints can be corrected. From a practical standpoint as well as coordinated land use and circulation planning, the most diverse and broadest component of the "tri-polar' governmental office complex is more accurately a corridor along South Higuera Street between Tank Farm Road and Madonna Road containing a diverse mix of social service and other County and State offices. The downtown complex of City and County administrative offices and courts are clearly not capable of accommodating the large scale and specialized governmental offices such as the DMV, welfare, nor social security offices. And the General Hospital complex on Johnson Avenue, while containing some unrelated APCD and probation offices is essentially intended for health care and related public services. Thus, the South Higuera Street corridor has developed with numerous other governmental offices and this approved planned development would be conveniently central to that corridor complex. a At -!1 �! l CIVIC CENTER JLTURAL FACILITIES AREA, �HEALTH CARE AREA - lit J FAUL1-T1l�S \ Ij . 75 Tr,«.•dr ion.-,.�' _,�.� I _ - �+,., sQ�� 9Y - NOT TO SCALE i \`a ROVkSED FIGURE 5 RSV 1SY,:D PUBLIC FACILITIES AREAS PVH-CC.LUE 50 7.18-94 Y .... f rel: V� n• • ti - 1. c • i r GENERAL PLAN LAND USE ELEMENT Adopted by the City Council 9f:San Luis Obispo �-owthe=23rd day of August, . lResolution 18332 (1994 Series) 41 I D. Government social services and the regional offices of state and federal agencies should be'near.the intersections of South Higuera Street, Prado Road, and Highway 101-(Figure6); E. Large offices, with no single tenant space less than 2,500 square feet, and having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts, subject to approval of a Planned Development zoning application. 3.3.3 Offices Outside Designated Areas Existing office buildings outside the areas described in policy 3.3.2 may continue to be used and may have minor expansions if they: A. Have access directly from collector or arterial streets, not local residential streets; B. Will not significantly increase traffic in residential areas; C. Will not have significant adverse impacts on nearby uses. 3.3.4 Building Conservation Historic or architecturally significant buildings located in Office districts should be conserved, not replaced. 3.3.5 Building Intensity The ratio of building floor area to site area shall not exceed 1.5. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect existing or-desired. architectural character in a neighborhood. When dwellings are provided in Office districts, they shall not exceed 12 units per acre. So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site. (See the residential section for policies on density bonuses for affordable housing.) 3.4 Tourist Commercial 3.4.1 Basis for Tourism The City should bean attractive place for short-term stays, as well as an attractive destination for long-term visitors._ The City should base its attraction on the character of the community, its natural qualities, and its educational and.cultural facilities. The City should emphasize ,conference and visitor-serving facilities which have a low impact upon the environment and upon existing land forms and landscapes, and which provide low-impact visitor activities and low-impact means of transportation. 3.4.2 Locations Visitor-serving uses should be integrated with other types of uses, including overnight accommodations downtown, near the airport, and near the train station; small-scale facilities (such as hostels or bed-and-breakfast places) may be located in Medium-High Density Residential and High-Density Residential Districts, where compatible. Visitor-serving uses are especially appropriate where such uses have already concentrated: I . a • lvl► -id Use Element 56 y FIGURE 5 city r� of PUBLIC FACILITIES AREAS, - san Luis • : p • .:� n 57 B. Other public or private offices or health facilities found to support the continued viability of General Hospital. If County General Hospital.is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional transportation systems. If County General Hospital is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional transportation systems. A.1.6.. Social Services :'there should be a social-services area on South Higuera Street near Prado Road (Figure 5). The following functions should be located in the social services area: County Social Services; California Employment Development and Rehabilitation; federal Socials/ Security Administration. This area should have sufficient space to accommodate regional offices of state and federal agencies. 5.1.7 Related Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, but functionally related to them, should be located in the appropriate area. 5.1.8 Unrelated Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, and not functionally related to the named offices, should be consolidated at the social services area, or they may be expanded at their present locations or within designated office areas. i 5.1.9 Different Offices Government and private activities of types not listed in policies 5.1.4, 5, and 6 may be established in these identified areas, so long as they are compatible with and donot displace the government functions which should be located in the areas. 5.1.10 Other Government Functions Some government functions which have been provided at certain locations in the City should be located close to related activities., though they should not be bound to any one of the identified centers. Such functions include: A. Probation - suitable for the civic center (courts), the County operational center on Highway 1 (sheriff), or the social services area; B. Alcohol and drug treatment programs - suitable for the social-services area or the health-care-area. _ s `�``Coesolidation De*ed''-•1V-Would be desirable to consolidate government agencies di9Sjl'> environmental gtiality; such as the Regional Water Quality Control Board and the tiCotinty Air'Pollution Control District. 5.1.12 Building Intensity Buildings in Public Facility areas will have a wide range of characteristics, since they can range from downtown offices and meeting rooms to fire stations and maintenance yards at the edges of the City. The appropriate building intensity for each . 11-21-199 4 02:34PM - Cathedral City Reception E 1 iE E 3 .� :STRONG s MIR :'PLANNING ��� p`,l c � Ara. SEI Y !C V ' •.PALM DESERT•CALIFORNIA 92260.• (619)5a 1-27.98 I A ( ¢OUNCIL CDD DIR. -`Y\wyy r pt a aru. ��:�n:� • 1"1Fs�. . . 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