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03/21/1995, 3 - R 110-93: PREZONING TO LOW-DENSITY RESIDENTIAL TO ALLOW ANNEXATION OF A 14-ACRE PARCEL ADJACENT TO THE CITY LIMITS.
�IIINNIpq`�I`�IIIpIIA f MEETING DATE: 1111 cityo san tui s OBISPO is COUNCIL AGENDA REPORT �EM NUMBER: FROM: Arnold Jonas, Community Development Director- Prepared By: Judith Lautner, Associate Planne{p SUBJECT: R 110-93: Prezoning to Low-Density Residential to allow annexation of a 14- acre parcel adjacent to the city limits. CAO RECOMMENDATION 1. Grant final passage to Ordinance No. 1275, prezoning a 14-acre parcel outside the city limits to Low-Density Residential, with a Specific Plan overlay (R-1-SP). 2. Consider information on adjacent property owners. Take no action on annextion of additional parcels at this time. DISCUSSION Background The City Council introduced Ordinance No. 1275 on January 17, 1995, amending the zoning map for a 14-acre parcel adjacent to the city limits to R-1-SP. The map amendment will become effective upon final approval of annexation of the parcel. At the January 17 hearing, the Council directed staff and the applicant to contact adjacent property owners to find out their interest in being a part of the annexation. Staff has now received responses from the owners of parcels adjacent to the Goldenrod site as well as the owners of parcels immediately north of Fuller Road (see attached map). Data Summary Address: 4380 Broad Street Applicant/property owner: Charles French Representative: Tierra Engineering Zoning: County low-density residential (R-1) General Plan: Low-Density Residential Environmental status: Negative Declaration, with mitigation, approved by the Director on November 18, 1994 EVALUATION 1. The Council had concerns about circulation. While in favor of the annexation, councilmembers wanted to find out the potential for annexation of a larger piece of land, and particularly the land which includes the rights to Fuller Road. Development of Fuller Road as a public street would create a secondary access to the Goldenrod 3- 1 0MQM1JJP, J city of San LUIS OBISPO N IL AGENDA REPORT 4380 Broad Street Page 2 development. Therefore, the Council asked that staff and the developer find out if owners of adjacent property would be interested in the annexation of their property. 2. Rights to Fuller Road are in several hands. Fuller Road was created by map (San Luis Obispo Suburban Tract), recorded in 1906. The road was never accepted for public purposes, however. Therefore, the rights to the road He with the owners of land adjacent to the road on both sides. Further, access rights have been granted to the Frenches, and in turn to the City for emergency purposes only. At present, then, four parties have ownership rights to portions of the road, and two others (Frenches and the City) have access rights (but not ownership). To make Fuller Road a public street within the City's jurisdiction would require the dedication of the street to the City by the four landowners. Because 30' is not sufficient right-of-way for a standard city street, additional right-of-way(approximately 30') would also be needed. 3. Owners of adjacent property are generally in favor. The owners (Cummings and Brughelli) of parcels "F", "G", "H", and "I" on the attached map are in favor of annexation. Neither has any immediate plans for further development of the property, but both see the advantages of being within the city limits. The owners of lots "A", "B", "C", "D", and "E" have all indicated they are generally in favor, but would want to know the ultimate costs, of annexation and of development under City regulations, before they commit to annexation. 4. Options. If the Council wants to secure the rights to Fuller Road, either in the immediate or more distant future, then the property on both sides of the road should be annexed to the city (or some agreement with all property owners must be reached). An annexation of just these six parcels, however, would create a peculiar city limits line. Other options: ♦ Goldenrod property plus nazcels F. G. H. & I. (See map) This configuration would be compact and would allow for the extension of Goldenrod to Fuller Road, but only the southerly 15' of Fuller is controlled by the adjacent property owner. Fuller Road would have to be shifted to the south, unless property owners on the north side would be willing to offer their portions to the City. ♦ The entire remaining secondary planning,area. (See map) This alternative would assure that the City has control of all land in the secondary planning area, and that this land could ultimately be developed in accordance with that plan. Because of the size of the property, environmental review (possibly a focused EIR) would need to be completed. It is likely that annexation would be delayed significantly beyond projected dates for the Goldenrod parcel. 3-� "'11111I1101111 city of san LaIs oBIspo oQ.QGENOA REPORT 4380 Broad Street Page 3 ♦ Goldenrod alone. Annexation of the French parcel alone would not permit development of a secondary access to the parcel from Broad Street, except for emergency purposes. It is possible that adjacent landowners, seeing the success of the Goldenrod annexation, would request annexation of their property in the near future, and ultimately Fuller Road would become public and secondary access would be possible. In the meantime, emergency access would be available and the parcel could be adequately served by City services. Staff recommends that the Council take no action on annexation of additional land at this time. If the Council wants to be sure that Fuller Road is annexed to the City and that adequate land is annexed with it to assure a connection to Goldenrod, then staff would support initiation of prezoning of the entire secondary planning area. Significant Impacts The City Council has adopted the initial study of environmental impact (ER 110-93) which concludes that a Negative Declaration, with mitigation, will be filed for the project. No significant fiscal or environmental impacts are anticipated. FISCAL EWPACT If the City council initiates prezoning of additional property, the cost of the application, including the cost of environmental studies, would be borne by the City. This cost would be expected to be several thousand dollars. Costs of annexation are expected to be paid by property owners at the time of development or redevelopment of their parcels. Alternatives The Council may, by motion, 1) reject the ordinance or 2) continue action. The Council may, by motion, initiate prezoning of additional property. Depending on the extent of property involved, the additional environmental work required may or may not allow annexation of all prezoned parcels (including Goldenrod) at one time. Attached: Ordinance No. 1275 Map of secondary planning area ORDINANCE NO. 1275 (1995 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE A 14-ACRE SITE ADJACENT TO THE WESTERLY END OF GOLDENROD LOW-DENSITY RESIDENTIAL, WITH A SPECIFIC PLAN OVERLAY (R-1-SP) , CONTINGENT UPON FINAL APPROVAL OF ANNEXATION OF THE SITE (R 110-93) WHEREAS, the City Council has held a hearing to consider the prezoning request R 110-93; and WHEREAS, the City Council makes the following findings; Findings• 1. The prezoning is consistent with the General Plan Land Use Element (LUE) map and text, because a) Low-Density Residential zoning is consistent with the Low-Density Residential land use designation on the LUE map, and b) prezoning and annexation of the site is consistent with LUE policies on annexation. 2. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed rezoning, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration and incorporates the mitigation measures recommended in the initial study, as amended by the Planning Commission to include a requirement for emergency access to Fuller Road, into the project. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Zoning .map amendment R 110-93 is hereby approved. SECTION 2. This ordinance, together with the names of councilmembers voting for and against, shall be published once in full, at least (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect upon final approval of annexation of the site. 3 -� 0-1275 Ordinance No. 1275 (1995 Series) R 110-93 4380 Broad Street Page 2 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 17th day of January , 1995, on motion of Council Member Williams seconded by Council Member Smith , and on the following roll call vote: AYES: Council Members Williams, Smith, Vice Mayor Romero and Mayor Settle NOES: Council Member Roalman ABSENT: None Mayor Allen K. Settle ATTEST: '�aClerk Dian Gladwell APPROVED: �Qis� *ijtr y eff Jorgensen 35 \S 5 000e/ G��� 2.9 AC 2.0 AC EDNA AREA OS 0.5 0.3 3.0 AC 0.5 0.3 1.0 AC 0.5 1.5 AC 1.5 AC 2.7 AC 28 AC O D \ 1.7 AC oA 0.8 AC® 09AC Q \ 10.82 AC 13.8 AC GOLDENROD PARCEL © (FRENCH) 8.95 AC \� H 25 AC PROPERTY OWNERS A72AC CAl BLAIR 4.15ACBQ BLAIR 9 © WISSERG @FULLER 2.5 AC FULLER F) CUMMINGS O y 8.85 AC O BRUGHELU/GARCIA V0, U CUMMINGS lO CUMMINGS NORTH ZOAC AERO LOOP 1414plo City Of LAND OWNERSHIP san lues OBISPO EISP SECONDARY PLANNING AREA MAR-21-1995 16:42 UNIPLAN 8055449249 P.01 mEETING AGENDA DATE -bt/- ITEM # TEBESA AND NEIL TARDIFF 4613 SNAPDRAGON MAY MrCOUNCIL CDD DIR SMI LOIS 08ISP0, CA 9340I-7693 "50 ❑ FIN DIR (805) 543-3766 t/ICAO ❑ FIRE CHIEF March 21, 1995 ATTORNEY O PWDIR I�OU3iKlORIG ❑ POUCE CHF City of San Luis Obispo ❑ MGWTEAM ❑ REC DIR 990 Palm Street ❑ C FILE ❑ UTILDIR P. 0. BOX 8100 ❑ PERS DIR San Luis Obispo, CA 93403-8100 RE: FRENCH ANNEXATION/PRE-ZONING (ANNEX/R 110-93) Dear City Council Members: We would like to enter. our objections to the proposed ordinance amending the zoning map from Low-Density-Residential to Low-Density Residential, with specific overlay for the 14-acre parcel adjacent to the City limits at 4380 Broad Street. Our objections are as follows: The main street to provide ingress and egress to the proposed development is Poinsettia, an already impacted street due to the numerous cul-de-sacs and streets connected to Poinsettia that are filled with large family homes. Poinsettia also contains the large City park for this area that is continually used by families and children crossing Poinsettia on foot. It also would seem that police and fire access for the proposed development would be difficult with only the one outlet for ingress and egress. There is much residential housing in this area already approved and in the process of being built, with many units still unsold. In addition to the foregoing it is our opinion that as public officials you should be cognizant that some developers cannot maintain sufficient capital to be able to complete a project and have in the past placed other companies and individuals in financial jeopardy because of what appears to be poor financial management. The Clovercreek development is one example as is the "downtown hole" that was an eyesore for ages apparently due to poor financial management of the developers. Prior to approval, the Council should look into past projects of the applicants to determine if their past actions demonstrate a willingness and ability to contribute to the health of the community or may in fact result in an unfinished project that will jeopardize San Luis Obispo by devaluing surrounding properties and burdening city services due to a sparsely populated development of uncompleted, unoccupied or abandoned projects. Si cerely, RECEIVED Teresa and Ne Tar iff MAR 2 i 1995 CITY CLERK SAN LUIS OBISPO,CA TOTAL P.01 =TING AGENDA DATE ITEM # March 16, 1995 To The City of San Luis Obispo, City Council: Dear Sir. This letter is in reference to the letter received March 2, 1995 from the City of San Luis Obispo, Community Development Department concerning the French 14 acre annexation, parcel #76411-37. Our parcels are #76421-20, #76421-22, and#76421-23, which are adjacent to Fuller Road. Parcel #76421-14 who's right-of-wav and entrance to the property is on Fuller Road should be included with the above parcels. Our interests are to see all the above parcels be included in the annexation into the city. We would also like to receive any future or present cost analyst, plans, requirements concerning this annexation. Thank you, Betty Wisberg 4370 Broad St. San Luis Obispo, Ca. 93401 Rav & Barbara Blair 4300 Broad St. San Luis Obispo, Ca. 93401 COUNCIL CDD DIR �d ❑ FIN DIR VO ❑ FIRE CHIEF R.ECtI VE® �TTORNEY ❑ PIN DIR G• V LERW' RG ❑ POLICE CHF 41AR 1 b IM ❑ MGMTTEAM ❑ REC DIR ❑ C READ FILE Q U11L DIR CITY COUNCIL �i Ci PERS DIR _ :aN I,I IIC / q'PO. CA