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Home My WebLink About07/16/1996, 4 - FRANKS GENERAL PLAN AMENDMENT/ZONE RECLASSIFICATION (GP/R 7-96); 1695 CALLE JOAQUIN council M° ;,6-(p j acEnaa izEpoin CITY OF SAN LUIS 0 B 1 S P 0 FROM: Arnold Jonas, Community Development Director" r--6,- AT Prepared By: Ronald Whisenand, Development Review Manager k SUBJECT: Franks General Plan Amendment/Zone Reclassification(GP/R 7-96); 1695 Calle Joaquin CAO RECOMMENDATION Continue the matter to August 20, 1996 in order to allow sufficient time for evaluation and coordination with City departments and County representatives. DISCUSSION At the Council meeting ofJuly 2, 1996, the above referenced item was pulled from consent and was continued to your meeting of July 16, 1996. The CAO's recommendation was for denial of the proposed General Plan Amendment and Zone Reclassification based on an earlier action of the Council to not support the requested land use changes. Project issues included the appropriateness of a golf driving range at this location, the loss of open space, and split City/County land use jurisdiction. The Council pulled the item from the consent agenda in order to discuss a proposal by the applicant to enter into a development agreement with the City that would hopefully resolve the issues that were raised at the June 18*hearing. The applicant's statement and draft agreement (dated July 2, 1996) are attached. The Council has requested that the matter be reconsidered at their July 16te meeting. Staffhad not seen the applicant's new proposal prior to Wednesday morning, July 3'. Upon closer look, staff believes that this matter will take more staff work than anticipated. There are still a number of issues that need to be explored including the timing of annexation and use permits, unknown future use of the property, open space dedication requirements, and the environmental impacts associated with recent project changes that have not been studied. For staff to do a reasonable job of reviewing and reporting, we will need to circulate the draft agreement to City and County staff in order to get their formal input. This coordination and review will require additional time. Attachments Applicant's statement dated July 2, 1996 Draft Development Agreement Staff memo dated July 5, 1996 BELSHER & BECKER ATTORNEYS AT LAW 1460 HIGUERA STREET SAN LUIS OBISPO.CALIFORNIA 93401 SANTAMARIA OFFICE TELEPHONE 805-542-9900 JOHN W.BELSHER FAX 805-542.9949 625-A EAST CHAPEL. HOWARD MARK BECKER SANTA MARIA.CALIFORNIA 93454 TELEPHONE 805-349-7929 July 2, 1996 Mayor Settle and Members of the City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93408 RE: John Franks General Plan Amendment (Item C13) Honorable Mayor Settle and Members of the City Council: John Franks has applied for a general plan amendment/zone change on a 1.9 acre property to C-T for the development of a golf driving range, batting cages and related parking and visitor amenities. An adjacent 61-acre parcel in the County will be used for portions of the proposed project, including the landing area for golf balls. Several photos and graphic illustrations showing the site and its proposed us-e will be presented to the Council with this letter. Several questions have arisen with respect to the timing of the project, its relationship to County jurisdiction and the effect of annexation. We believe these questions can be addressed directly at the hearing this evening and, where necessary, in a development agreement which protects the City. I. PROPOSED ACTION: It is requested the City Council approve a general plan amendment/zone change for the City 1.9-acre parcel to C-T, with an "S" overlay and also a requirement that no development take place beyond that allowed by the present zoning until and unless a development agreement is adopted by the City Council addressing uses and development on both the City property and the adjacent County property. The administrative record will reflect, by this letter and by oral comments, that development agreements are by their nature legislative actions and, accordingly, that no expectation or entitlement exists on the part of the developer to approval of any development agreement by the City Council. It should be noted that the adjacent properties on both sides of this parcel are zoned C-T, making this request consistent with zoning in the area. 7 '� Mayor Settle and Members of the City Council City of San Luis Obispo July 2, 1996 Page 2 II. PROJECT DETAILS: There were unanswered questions concerning the proposed recreation center at the last City Council meeting. We will attempt to fill in the missing details below and with new illustrations and graphics not previously shown or discussed. A. Grading/Topography There will be no grading in the landing area of the driving range. Grading will be limited to tees, batting cages and the five targets. The driving range will use natural topography. The driving range goes uphill slightly, more steeply at one corner. Landing surfaces (greens) will be planted in approximately five locations. The rest will be seeded and mown to look like a fairway on a golf course. B. Lighting Lights will be directed from the driving range hitting area out toward the driving range. Small ground-level lights will be place behind each of the landing greens to backlight areas where shadows may develop. There will be no light poles in or along the driving range itself. There will be no lights shining toward any public road or travelled area Time of operation can be worked out now or, more appropriately, in the use permit process. C. Netting The driving range will have netting hung on wood poles. The poles range in height from 25 feet to 50 feet, with approximately 13 poles on each sideline. A cross-section of the netting is included in the materials to be presented this evening. Because the driving range goes uphill, the netting does not need to go the length of the range. By contrast the eucalyptus trees screening this project from nearly all viewpoints are estimated to be over 100 feet tall. D. Impact on Views As the photos presented with this letter show, there is virtually no impact on views, due to the screening of the project by the Loco Ranchero/KSBY hill and the row of eucalyptus trees. E. Are all Uses Shown? The revised site plan presented with this letter shows all planned uses. For those areas which were not depicted with uses on previous maps, one portion of the site is available for additional dedication; one portion planned for a Little League/practice field; one portion reserved for wetlands buffer and preservation; and one area left for unspecified recreation uses. 11-3 Mayor Settle and Members of the City Council City of San Luis Obispo July 2, 1996 Page 3 F. Will Subsequent Owners Chancre the Use? There is some concern a subsequent owner will be able to place higher intensity use in the area due to the zoning change. We propose a development agreement to restrict such a possibility. G. Annexation We propose to establish the planned use after the County approves a zone change allowing the activities described in this letter but before annexation is complete. The development agreement may address the timing and import of the annexation. For example, the City may sunset the use authorization by a date certain if annexation is not completed. IV. DEVELOPMENT AGREEMENT: A. County Jurisdiction/Development Timing The County Planning Director has proposed to change the County general plan to show open space for the portion of the property to be dedicated and recreation for the remaining area proposed for development of sports facilities (driving range and batting cages) ;% provided the City wishes to proceed with the project by using a development agreement or other means. This may be confirmed by contacting County Planner Dana Lilley. You may also refer to a letter from Franks' planner, Ned Rogoway to Alex Hinds, County Planning Director, attached hereto. The County' s support is driven in large part by the substantial contribution of open space associated with the project. No construction or establishment of use on the County property can take place until the County approves the general plan Area Plan Update with the zone change outlined above. A hearing draft of the County's SLO Area Plan Update is expected to be published in a week or two. The Planning Commission will first review the document on August 8. If all goes well, the Board should adopt the plan by the end of the year. It is important the County receive direction from the City prior to going to print. B. The Development Agreement. The development agreement can be used by the City to regulate the timing, scope and virtually any aspect of a development. A particular advantage is that the City need not worry about "nexus" or other statutory or constitutional limitations on the police power in regulating the development. The City may thereby regulate the use by Franks on the County property pending annexation by a development agreement. The City can T� 1 Mayor Settle and Members of the City Council City of San Luis Obispo July 2, 1996 Page 4 provide for revocation of use approvals granted to Franks for City property for violations of use limitations on County as well as City property. The City thereby gains a land use tool and an binding legal contract which is specifically enforceable at law. Some of the items which may be specifically addressed in a development agreement include: 1. Limitations on Use The City may limit the uses to particular activities, including the golf driving range, batting cages, golf putting green, batting cages and Little League field (perhaps subject to later review and approval by the City Council) , together with specified ancillary uses such as maintenance buildings, parking, snack bar and outdoor seating. All other uses may be prohibited; such prohibition will run with the land,. and will last for the approximate 25- year life of the development agreement. [If the Council is concerned beyond the approximate 25-year life of the development agreement, it could place use limitations on the general plan amendmentyzone change itself. ] 2. Limitations on Grading and areas of Development The City may confine future development to areas shown on maps attached to the development agreement. The City may prohibit grading or other site disturbance in areas of the County or the City. 3 . Open Space Dedication The City may require open space dedication timed with annexation of the Property, without concern for State and federal "takings" limitations. 4 . Environmental Mitigation and Buffers The City may require buffers and setbacks from and along Froom Creek, the wetlands area running through the project and along Calle Joaquin, as portrayed in the site plan submitted herewith. All such buffers and setbacks recommended by the City' s Natural Resources Director have been incorporated. 5. Parameters for or Limitations on Future Development. The City may establish the ground rules for future development of the property, if any. For example, it may provide that no development of a Little League field shall occur at its proposed location until and unless an archeological study is completed and recommendations implemented to the satisfaction of the City (as the initial study requires) . In the only area Mayor Settle and Members of the City Council City of San Luis Obispo July 2, 1996 Page 5 of the property not specified for a future use, the City could Limit development rights and procedures in any way it feels appropriate. Our suggestion is that no development be allowed in the unspecified area without City Council approval and that no development expectation whatsoever may be inferred from the inclusion of the property in the development agreement. V. CONCLUSION This proposal is for a "green" project in the City' s greenbelt. Land use controls can ensure that it is kept that way. Significant and permanent dedications of land to the public will result. The City property is only 1.9 acres. This project will exponentially increase the greenbelt potential and actual ownership of City residents. Sincerely, JO W. BELSHER JWB:ac cc: Jeff Jorgensen Arnold Jonas John Franks �-6 00 'N PV SO G O -F"T G pLPN0 V P GR June 21, 1996 Alex Hinds, Planning Director San Luis Obispo County Department of Planning and Building County Government Center San Luis Obispo, California 93408 SUBJECT: Central Park Golf and Baseball Practice Facility 2695 Calle Joaquin, San Luis Obispo (Franks) Dear Alex, I want to express my appreciation for you and Pat Beck helping us with the jurisdictional problems connected with the approval of a Golf and Baseball Center proposal at the south entrance to San Luis Obispo. I think your ideas about working solutions into the San Luis Obispo Planning Area Update would allay many concerns expressed by City Council members when they reviewed this project recently. The majority of the Council liked the project, but they had difficulty reconciling the divided authority. The Council will meet on this project again soon; we will inform them of your willingness to work with us to adjust the language in the San Luis Obispo Area Plan so that this project can be accomplished. Ensuring a permanent greenbelt at the entrance to San Luis Obispo through open space dedications will obviously be beneficial from the viewpoint of both jurisdictions. We are looking forward to working with Dana Lilley, the lead planner. In the interim and in advance of annexation of this property, we especially appreciated your support of our intent to enter into a Development Agreement with the City to place administration of the planning into the hands of the City. That, in itself, will mollify expressed concerns by City officials and Councilpersons who saw conflicts in the processing of the project. We are currently working with the staff and Council members toward this solution. Thanks again for your help! S' ly, e oway, AICP cc: John Franks San Luis Obispo city Council ROGOWAY PLANNING GROUP 1460 Higuera San Luis Obispo, CA 93401 (805) 546-9300 (Fax 542-9949) ow— EXHIBIT "C jo �T ... .. ... ... . .. . .. .. ... ......... . . . . .. .... .... .. . ........� . . .. . .. . . . ... .... ... .1� ... . . . ... .. . .. . . . . .. ....... ... .�... . .. . . . . ... . ... . . . . / . ......... .... .... . . .. . ... . . DEO I CATI O N- .: .sz .'. .' . .'.'. .'.'.'.'.'.'.'. .'.�: ..'.' :•::..-.:':'...::...:. . . .. . ... ... ... ...... ..... . ...... ...........�.,. enema uc o+e mMn MKIR OF / EKGTWC FENOWNS OF RCMDENCE �.I L9+OE7I�L f Mobac zmmI J � _ 1 / 4v WM�IAIIit aK ICUm zomm POI7Pc CiEP71 ..°ms's ' s e+ � L1�31 GRAPHIC SCALE CENTRAL PARK `ar' OVERALL SITE PLAN CCIEN 'I[eRAE, PARK CALLE JOAOUIN CRY & COUNN OF SAN LUIS OBISPO DEQ C� DEVELOPMENT AGREEMENT 7/ 1410 THIS DEVELOPMENT AGREEMENT (the "Development Agreement" ) is made and entered into this day of , 1996, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation organized and existing under the laws of the State of California (the "City" ) , and JOHN FRANKS ( "Developer" ) . RECITALS A. California Government Code Section 65864, et seq. , provides that the legislative body of a city may enter into an Development Agreement for the development of real property in order to meet certain public purposes of the local government. Developer has applied to the City pursuant to California Government Code Sections 65864-65869 .5 for approval of the Development Agreement set forth herein. B. The Developer and the City desire to enter into this Agreement in order to address dedication of open space by the property owner and operations and development related to certain property (the "property" ) known as 1695 Calle Joaquin, which property is more fully described in Exhibit "A" and shown on the map set forth in Exhibit "B" , both of which exhibits are attached hereto. The development of the property includes a proposed recreational golf driving range, batting cage facility and Little League practice field to also include driving tees, putting greens, outdoor seating, a maintenance building, and other such structures and improvements as are necessary for the use and maintenance of the facility and further described and limited herein and by a use permit to be issued by the City. C. The City has conducted duly noticed public hearings on this proposed Development Agreement pursuant to Government Code Section 65867 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City' s General Plan (the "General Plan" ) . Concurrent with or prior to its approval of this Development Agreement, the City Council of the City (the "City Council" ) has also approved: 1 . General Plan Amendment GP/R 7-96. 2 . Use Permit D. This Development Agreement will promote and encourage dedication of open space by the property owner, the development of the Property as limited by this Agreement. The parties agree that the consideration to be received by the City pursuant to this Development Agreement and the rights secured to the Property Owner hereunder constitute sufficient consideration to support the covenants and agreements of the City and the Property Owner. By 1 entering into this Development Agreement, the City desires to allow the development of the Property pursuant to the Development Agreement, the relevant land use ordinances, rules, regulations and policies applicable on the "Effective Date" as defined in Section 3 hereof as amended, if at all, by this Development Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. Binding Effect of Development Agreement. The Development Agreement pertains to the Property as described in Exhibit "A. " The burdens of the Development Agreement are binding upon, and the benefits of the Development Agreement inure to all successors-in- interest of the parties to the Development Agreement, and constitute covenants which run with the Property, and in order to provide continued notice thereof, this Development Agreement will be recorded by the parties. 2. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Reclamation and Development is a private project and that neither the City nor Developer will be deemed to be the agent of the other for any purpose whatsoever. 3. Term. (a) The "Effective Date" of this Development Agreement shall be the date approved by resolution of the City Council. (b) The term ( "Term" ) of this Development Agreement shall be the period commencing as of the Effective Date of this Development Agreement and expiring in twenty-five (25) years, subject to earlier termination as hereinafter provided. (c) The City and Developer may terminate this Development Agreement pursuant to Section 20 hereof prior to expiration of the Term. 4. Permitted Uses of the Property. The parties agree that recreational uses consistent with a golf driving range, baseball/softball batting cages and Little League practice field are permitted uses of the Property. Complementary and appropriate uses, such as putting greens, snack bars, outdoor seating, and vending machines may be allowed, subject to use permit approval. The City agrees to allow such uses on the Property, subject to the right of the City to sunset such uses by use permit condition of not less than two (2 ) years, (as provided in paragraph 10 (f) of this Agreement) , or to take appropriate action to abate any public nuisance and to enforce all laws which do not conflict with existing development regulations as defined in section 8 of this 2 r � Agreement. Inappropriate uses, including but not limited to amusement arcades, caretakers quarters, construction activities, day care, hotels, motels, bed and breakfast inns, residential care facilities, and utility distribution facilities will not be allowed. S. Processing of Application and Permits. The City and its officers, agencies and departments shall not unreasonably delay the process in their normal course of business applications for permits or approvals necessary to commence or complete the development of the Property. 6. Building Permits. It is understood by the parties to this Development Agreement that pursuant to the City' s Building Code, building permit applications and issued building permits do not remain valid for the term of this Development Agreement, but only for the term set by the Building Code. The Developer shall have the right to file new building permit applications for the Development or any portion thereof where such previously approved building permit applications or issued building permits have expired. Any such new building permit applications filed for the Development shall be reviewed in accordance with this Development Agreement. 7 . Development Review. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law and to conduct its development review of any specific improvements proposed for the Development pursuant to the applicable provisions of the City' s Municipal Code which are in effect as of the date hereof; provided, however, no such review shall authorize or permit the City to impose any condition and/or withhold approval to any proposed building, the result of which would be inconsistent with any term or provision of the Development Agreement. 8. Development. (a) General Statement. Development is allowed consistent with this Agreement, subject to use permit approval by the City and consistent with County of San Luis Obispo land use regulations. (b) Existing Rules to Govern. In accordance with the terms of Government Code Section 65866, the City and Developer agree that the General Plan provisions, ordinances, rules, regulations and official policies of the City in effect as of the date of this Development Agreement applicable to the Development (collectively, the "Existing Development Regulations" ) shall govern during the Term of this Development Agreement. The City shall not, in subsequent actions applicable to the Property or the Development, apply General Plan provisions, ordinances, rules, regulations and policies which conflict with the Existing 3 Development Regulations, except with the mutual consent in writing of the City and the Developer. Except as otherwise provided in this Development Agreement, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City and the Developer, whether adopted or approved by the City Council or any office, board, commission or other agency of the City, or by the people of the City through referendum or initiative measure or other vote, shall be effective or enforceable by the City with respect to the Development. (c) Exclusions from "Existing Development Regulations." As used herein, "Existing Development Regulations" shall not include municipal laws and regulations which do not conflict with Developer' s vested rights to develop and use the Property in accordance with this Development Agreement. Developer and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non- conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (i) Taxes, assessments, fees, and assessment districts; (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Atascadero Municipal Code; (iii) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; (iv) Procedural rules of general City-wide application. 9. Environmental Compliance and Mitigation Measures. (a) Obligations of the Developer for Mitigation Measures. The environmental mitigation approved as part of the approval of this Development Agreement is incorporated herein by reference as though fully set forth at length. (b) Setbacks. The developer shall include a twenty-five ( 25) foot setback and access area along Froom Creek and the property's northeastern boundary, and a twenty-five (25) foot setback from the wetlands area along Calle Joaquin as shown in Exhibit C and.as required by the City' s Natural Resource Director. 4 10. Additional Developer Obligations and Representations (a) The Developer shall dedicate to the City a minimum of 34 acres of hillside land, as approximately shown in Exhibit "C" , upon annexation of the Property to the City. (b) The Developer shall not grade the site, except as necessary for the development of areas described as tee areas, putting surfaces, golf target landing areas, batting cages and structures, approximately as shown in Exhibit "C" . (c) The Developer shall be allowed to construct protective netting and poles on the Property in the approximate location shown on Exhibit "C" . Said netting shall be visually attractive, maintained and suspended vertically on a minimum number of poles. Furthermore, said netting and poles shall be limited in height to a maximum of fifty (50 ) feet measured from top to base, all in accordance with the cross section attached as Exhibit "D" . (d) The Developer' s lighting fixtures on the Property for the purpose of lighting the driving range in the approximate location shown on Exhibit "C" are limited to lighting from the tee area out toward the landing area and ground-level lights behind landing areas directed away from public travelled areas. . (e) No development shall occur until and unless the use on unincorporated land is expressly approved by both the City and the County of San Luis Obispo. (f) A use permit issued for development may contain a sunset provision providing for automatic termination of uses and restoration of the Property if, within two or more years of establishment of use, the Property has not been annexed or the use permit extended by action of the City. (g) The developer shall make all reasonable attempts to address archaeological aspects of the homestead site shown on Exhibit "C" , consistent with environmental mitigation recommended and incorporated into this Agreement. 11. [Reserved] 12. Assignment; Release. This Development Agreement shall not be severable from Developer' s interest in the Property and the Development. Any transfer of a portion of the Property shall automatically operate to transfer the benefits and burdens of this Development Agreement in respect of such portion. Developer shall have the right to sell, assign, pledge as security or transfer all or any port of its interest in the Property along with all of its right, title and interest in and to all or any part of the Development Agreement to any person, firm or corporation at any time during the term of this Development Agreement without the 5 11-13 consent of the City. Provided that Developer has provided the City with notice of such transfer, upon the sale, transfer or assignment of Developer' s interest in all or any portion of the Property or the Development, Developer shall be released from its obligations under this Development Agreement arising subsequent to such transfer in respect of the transferred portion. The City agrees to execute any documents reasonably required by an assignee, transferee, lender, or other party confirming the rights of such party under this Development Agreement or providing notices of default and rights to cure for the benefit of such parties. 13. Periodic Review of Compliance. In accordance with Government Code Section 65865. 1, the City Council shall review this Development Agreement at least once each calendar year hereafter. At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of this Development Agreement. Developer agrees to furnish such .evidence of good faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require.. Developer shall be deemed to be in good faith compliance with this Development Agreement if the City is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement. It is understood that Developer is under an obligation to complete Reclamation of the property, but that Developer is not under any obligation to commence construction of the Development within any time period or at all, and that failure to institute or complete construction of the Development is not a basis for the City to determine that Developer is not in good faith compliance with this Development Agreement. '% 14. Amendment or Cancellation. Except as otherwise provided for herein, this Development Agreement may be amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Government Code Sections 65865. 1, 65867 , 65867 .5 and 65868. 15. Enforcement. Unless amended or canceled as provided in Section 20, this Development Agreement shall continue to be enforceable by any party to it, including citizens of the City of San Luis Obispo, notwithstanding any change or other regulations adopted by the City which alter or amend the rules, regulations or policies applicable to the Development. 16. Supersession of the Agreement by Changes in State or Federal Law. In the event that State or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi- governmental entity are enacted after the Effective Date of this Development Agreement, or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provisions of this Development Agreement, or imposes a requirement on the development of the Property materially 6 different than as otherwise contemplated by this Development Agreement, or required changes in plans, maps or permits approved by the City or the development standards set forth in the Development Agreement, the parties shall: (a) Provide the other party with written notice of such restrictions, together with a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of the Development Agreement; and (b) Promptly meet and confer with the other party in good faith and make a reasonable attempt to modify or suspend this Development Agreement to comply with such law, ordinance, rule, policy or regulation. Thereafter, regardless of whether the parties reach agreement on the effect of such law, ordinance, rule, policy or regulation upon this Development Agreement, the matter shall be scheduled for a hearing before the City Council upon thirty (30) days notice for the purposes of determining the exact modification or suspension which is required by such law, ordinance, rule policy or regulation. It is the express intent of the parties to modify the Development Agreement to allow for the in as close conformity to the terms and conditions of this Development Agreement as reasonably possible. Nothing herein shall preclude Developer from challenging the conflicting law, rule, regulation or policy. 17. Enforced Delay and Extension of Time Performance. In addition to specific provisions of this Development Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to: (a) War, insurrection, civil commotion, riot, flood, severe weather, earthquake, fire, casualty, acts of public enemy, acts of God, governmental restriction, litigation (including without limitation, litigation contesting the validity, or seeking the enforcement or clarification of, this Development Agreement whether instituted by Developer, the City or any person or entity) , acts or failures to act of any governmental agency or entity; (b) Inability to secure necessary labor, materials or tools, strikes, lockouts, other labor disputes, or delays of any contractor, subcontractor or supplier; and (c) Inability to obtain and consummate necessary financing, or delays of any lender or third party relating thereto. An extension of time in writing for any such cause shall be granted for the period of the enforced delay, or longer as mutually agreed upon, which period shall commence to run from the time of commencement of cause. 7 18. Notices. Any notice or instrument required to be given or delivered to either party to the Development Agreement may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: City: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93408 Developer: John Franks 1190 Marsh Street, #F San Luis Obispo, California 93401 Notice of a change of address shall be delivered in the same .manner as any other notice provided herein, and shall be effective three days after mailing by the above-described procedure. 19. Default and Remedies. (a) Developer' s Default. Developer shall be in default under this Development Agreement upon the happening of one or more of the following events or conditions: (i) If a material warranty, representation or statement made or furnished by Developer to the City is false or proves to have been false in any material respect when it was made; (ii) A finding and determination by the City Council made following a periodic review under Section 13 that upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Development Agreement; or (iii) An express repudiation, refusal or renunciation of this Development Agreement, if the same is in writing and signed by the Developer. (b) City' s Default. The City shall be in default under this Development Agreement if it shall: (i) fail to comply in good faith with its. obligations and requirements hereof regarding the development specified herein, or any other of City' s obligations herein; (ii) expressly repudiate, refuse or renounce this Development Agreement in writing. 20. Procedure Upon Default. (a) Notwithstanding any provision of the Development Agreement to the contrary, except for the Developer's default under Section 19 (a) (iii) , Developer shall not be deemed to be in default 8 under this Development Agreement and the City may not terminate Developer' s rights under this Development Agreement unless the City shall have first delivered a written notice of any alleged default to Developer, which shall specify the nature of such default. Except for the Developer' s default under Section 19 (a) (iii) , if such default is not cured by Developer within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Developer fails to commence to cure the default within sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the City may terminate Developer rights under this Development Agreement. Notwithstanding any provision of the Development Agreement to the contrary, except for the City' s default under Section 19(b) (iii) , the City shall not be deemed to be in default under this Development Agreement and the Developer may not terminate the City' s rights under this Development Agreement unless the Developer shall have first delivered a written notice of any alleged default to City, which shall specify the nature of such default. Except for the City' s default under Section 19 (b) (iii) , if such default is not cured by the City within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, the City fails to commence to cure the default within sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the Developer may terminate this Development Agreement. (b) In the event a default of this Development Agreement occurs, irreparable harm is- likely to occur to the nondefaulting party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Development Agreement is a proper and desirable remedy. (c) In no event shall either party be entitled to damages against the other party based on the other party' s default under this Development Agreement. 21. Entire Agreement. This Development Agreement and the Exhibits therein contain the entire agreement between the parties, and is intended by the parties to completely state the Development Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Development Agreement, is null and void. 22. Severability. If any term, provision, condition, or covenant of this Development Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenants or the 9 11 -17 application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permissible by law. 23. Counterparts. This Development Agreement has been executed in one or more counterparts, each of which has been deemed an original, but all of which constitute one and the same instrument. 24. Estoppel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) the Development Agreement is in full force and effect and a binding obligation of the parties, (ii) this Development Agreement has not been amended or modified either orally or in writing, or, if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Development Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within ten ( 10) days following the receipt thereof. The City Attorney of the City shall have the right to execute any certificate requested by the Developer hereunder. The City acknowledges that a certificate hereunder may be relied upon by transferees, mortgagees, or other parties. 25. Reservation of Rights. IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO By: Clerk of the Council Mayor APPROVED AS TO FORM: City Attorney John Franks 10 EXHIBIT "A" Order No. 160286 -AS PapF 2. DESCReTION That part of Lot 69 of the Ranchos Canada de Los Osos and La Laguna. in the county of San Luis Obispo, State of California, according to James T. Stratton'& survey and map of the subdivision of said Ranchos on fils in the office of the County Recorder of said County. described as follows: Beginning at a point on the Northeasterly line of said Lot vbich is distant South 23 112° Bast 13-Al ebaias from the most Rortherly corner of said Lot, said point being the most Easterly corner of the property eoaveyed to J. Mathes. by deed dated July 19, 1875 and recorded in Book G at page 446 of Desch; thence along the Southeasterly line of the property no conveyed Seam 58 114• Vest 21.39 chains and South 480 Vest 35.73 chains to the Southwesterly line o£ said Lot; thence along said Southwesterly lime. South 430 Bast 5.98 chains and South 84 1140 Rant 25-43 chairs t0 the meet Southerly corner of said lot: thence along the Southeasterly line of said Lot, North 26 1120 East to the most Easterly Corner of said Let; thence along the Northeasterly line of said Lot. North 23 1120 Vest 6.10 chains to the Point of Beginning. ECCEPTUM therefrom the following described portion thereof Beginning on the Southeasterly line of said Lot, distant South 26 1/20 Vest 1041.75 feet from the nest Eanterly corner of said Lot; thence North 130 33' Vest 55.43 feet: thence North 280 48' Jest 17.90 feet; thence Worth 230 42' Ea;t 46.34 feett thence North 120 Z2' West 67.39 feet; thence North 00 20' Vest 83.88 feet: -thenee North 790 35' Vest 20.91 feet: thence South 630 26• Vest 35.32 feet; thence South 400 06' Vest 67.07 feet; thence South 590 52' Vest 210.29 faetl thence South 680 36' Past 329.69 feet to s point on the Vesterly line of County Road Wo. 108, as said road azisted on May 19. 1938: thence along said Westerly line, North 170 14, East 35.82 feet to a point: thence North 630 30' Vest 6.74 feet to the Point of eeg'na?�R. Also except that portion of Lot 69 of the Subdivisions of the Ranches C—da de Los Osos and La Laguna. in the City of Sam Lois Obispo. San Luis Obispo, State of California according to map filed in Book A at page 64 of !laps. in the office of the County Recorder of said County, that lies Easterly of the Vesterly line of the land described in the dead to the State of California. recorded February 4, 1963 in Book 1224 at page 145 of Official tscerde. in the Office of the County Recorder of said County. Also excapt that portiom conveyed to the State of California by deed dated November 19. 1947 and recorded February 16, 1948 in Book 471 at page 203 of Official Records. Also except any portion thereof taken by final order of condemmation recorded February 21. 1963 in Book 1227 at page 12 of Official Records. Also except any portion thereof lying Northerly and Easterly of the most Vesterly line of Parcel Map SL85-017 recorded is Book 37 at page 29 of Parcel Maps in the office of i the County Recorder of said Canty. 1 r4 . Exhibit "B" N Chi 0 T z � cr IL br 0 A ? - 17 0 id 'G/OS-10 z S. 3 G/OS-10 i I S `goo VICINITY MAP GP/R 7-96 NORTH 1695 CALLE JOAQUIN AJ EXHIBIT "C AW ..\ . .': . ... . . ... . .. . ..' . r.'.'.'.. :.........:.. J� tib.... ..:............ I :'.".'.':'::':'.".".'.":"..":".'. /. w. ,�.......' / .'.'.'.".'.'.':." ..: '.".."".'.'.'�'. ...'.. ... .'.•."."........ . . . . ... .. . . . . .. . . :. ..�.:.:.:.:...:.:.:.:.:.'.. _.... .. . . .. ...... 6.'`. ... J \ lopaec ancon ...... . _ _It m®a uc M m.e r/ / . ,M=Mq0lAL.LIl** TW KIDW AM zzz I / 1. i Comm REWM OFRCODDIM ' 1 i COMMERMAL , MUADW TOURMT 3 _ � /'• / BINf10WC 9A' TOURS7 7 B.ft7G aNM VIRfs6 GFM ..s�i ataaR a GBAPMC SCALE CENTRAL PARK maw) OVERALL SITE PLAN c� IEIgT R AE, IE a CALLE JOAOUIN CRY & COUNTY OF SAN LUIS OBISPO EXHIBIT "W1 [Cross-Sections] . 14 MEMO To: John Dunn, CAO Jeff Jorgensen, City Attorney Alex I1inds, County Planning Director Paul Hood, LAFCo Neil Havlik, Natural Resources Manager Judy Lautner, Associate Planner From: Ronald Whisenand, Development Review Manager Yt`� Subject: Review of Franks Driving Range Development Agreement Date: July 5, 1996 Attached for your review is a proposal by John Franks to enter into a development agreement with the City for a recreational facility on a 63 acre parcel on Calle Joaquin. The proposal calls for the development of a golf driving range, golf putting green, batting cages, Little League field and accessory support uses. In addition,the applicant intends to dedicate 34.5 acres of open space to the City of San Luis Obispo. The City Council has requested staffs input on the proposal. I would request that each of you review the attached and provide me with your issues, comments, and requirements. In order to meet with the Council's scheduled hearing on the matter, your comments are requested by July 31". I will be away from the office on vacation the week of July 8'"- 12m. I will contact each of you when I return in order to set up a meeting to discuss the applicant's proposal. Thank you in advance for your review and input. attachment cc. Arnold Jonas, Community Development Director y-�3 MEETING AGENDA DATE. "A/ d ITEM # San Luis Obispo City Council and Staff Members 990 Palm Street San Luis Obispo, Calif. 93401 July 5,1996 Dear Council and Staff Members: Included in this package you will find Exhibit "D" which was not in the draft of the development agreement delivered to you on July 2nd. This computer drawing shows our parcel as viewed from U.S. 101 driving northbound at the Los Osos Valley Road exit. We believe this spot is where our netting ( shaded blue ) would be the most visible. We have also included pictures taken from the freeway from different approaches to show that the existing foliage would conceal the majority of our project from the surrounding roads. The pictures are numbered, the descriptions are as follows; 1. U.S. 101 Southbound looking at our project and the next-door neighbor. The white line with arrows shows the visible netting with balls landing on the inside of the arrows. 2. U.S. 101 Northbound Looking at the project. This is the picture the computer model used for netting was drawn from. 3. Los Osos Valley Road at the top of the offramp looking back towards our property. The white lines with arrows again show where our proposed netting would be located. 4. Exhibit "D" a computer drawing showing netting which could be seen outside of our project. The netting is shaded in blue. Central Park Golf and Baseball Practice Facility GP/R 7-96 COUNCIL CDD DIR ;eCAO ❑ FIN DIR I1JVACAO ❑ FIRE CHIEF ZATrORNEYI n B�CLERKADRIG ❑ POLICE CHF . RECEIVED ❑ MGMT TEAM ❑ REC DIR J u I Mu✓�J�/�j �+ ,� � ❑ B FILE 11UTIL DIR C ❑ PERS DIR $ CITY COUNCIL i (J �N • mon 7a -iY�l�� I1 1�1 � •M�yf - i - .'� y{, lV#•' F � r L JI 1 i r 1 •� A. ISI / - F r fcf�' i . 'tri ♦ + �'fi 1` . i. t ..� •L= . ♦ - �'�• � � � ''`��rte•'�! r f - '�{{ t..•.t.' ,R fir' /"`iii. + � ��r ��C��„��,�L ;� �� • c a*d y ' •}_r•.' 1. `.•. Y " •�` rte. � �• y_L V 1 - y .! ;., r-.e,. s. L. .- ;• ,;' Y � .y,'t .�r�;ti �a. � Wil: i � � .Z � '. � c /�I� �yy.�V .� �y tYr-.s•i�1�ar' .kat .-r- . •,�! 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V MEE ; AGENDA DATE ITEM # RICHARD SCHMIDT 112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247 email:rschmidt0calpoly.edu July 15, 1996 Re: Golf Driving Range Rezoning --7/16 meeting To the City Council: It is outrageous that this matter, seemingly put to rest weeks ago, is once again being revived and the applicant allowed to put on a circus of"petitions" etc. so that an incumbent council candidate can make some sort of point. This was a bad rezoning weeks ago, and nothing at all has changed. The Council should stick to its previous determination to disallow it. This project is not about a golf driving range. It is about a speculative land value inflation scheme. The applicant purchased land zoned "open space" and within the designated city green belt. There was no reasonable expectation that such land was suitable for the proposed use, or others allowed under the proposed rezoning. THIS WAS OPEN SPACE, plain and simple. In other words, it was very cheap land of little development potential when purchased. However, with tourist commercial zoning, the land suddenly becomes worth a lot of money. Also, once it has this zoning, it can be used for any permitted use in that zone: hotel, restaurant, truck stop, service station, theaters, retailing, convention centers, nightclubs, and car washes, among others. So, you must not consider this as a golf project, but as a rezoning. You must ask yourselves: Are the allowed uses appropriate for the site? Given your previous determination that open space was an appropriate use, you will be hard-pressed to reach a conclusion favorable to the developed uses allowed by the rezoning. The golf range is simply the camel's nose within the tent to facilitate this rezoning to permit the ultimate "higher use" of land now zoned and designated as open space. The object is clearly to add value to some very cheap land, using the ruse of a driving range to accomplish this incrementally. TO ALLOW THIS IS JUST PLAIN WRONG, NOT TO MENTION STUPID POLITICS GIVEN THE TENUOUS SITUATION IN WHICH OUR MUNICIPAL OPEN SPACE PLANS NOW FIND THEMSELVES. Consider the following consequences if you approve this rezoning: [I'MUNCIL DD DIR 1. The City has just recently designated the greenbelt, and this is the %-a&rt to cut � FlN DIR Q-ACA0 ❑ FIRE CHIEF O-kTTORNEY ❑ PW DIR Pagel 2'1�LERKOFUG ❑ POLICE CHF ❑ MGMT TEAM ❑ REC DIR ❑ C REAMFILE ❑ UTIL DIR r ❑ PERS DIR H piece out of that new policy. By granting this, you set a very bad precedent, one which will haunt all future efforts to draw an open space loop around the city. YOU WILL SIGNAL THAT EVERY OPEN SPACE DESIGNATION IS PERPETUALLY UP FOR GRABS. So instead of providing protection to undeveloped land, all your open space designations will be viewed as temporary expedients, and nothing more. You will be inviting others to seek similar changes in land designated as open space. 2. You are asking the people of this city to agree to tax themselves to protect open space, yet you lack the courage and fortitude to protect open space we have already protected. This will make a hard sell harder in November, but perhaps your placing this poorly-designed measure on the ballot is itself a symbol of your cynicism about open space, and you really don't give a damn about anything other than appearing to be on the popular end of an issue you actually don't support. 3. The demonstrated utter spinelessness of the council in actually protecting protected open space will reveal all your talk on the subject of protecting open space to be nothing but cynical verbal pandering to public sentiments. This cannot help but be pointed out to and noticed by voters in November. There's a lot of blather about protecting this land from "higher and better uses" permitted by the zoning through some sort of written agreement with the applicant. Don't fall for this fools gold. When enforcement is ultimately needed, the city attorney will probably refuse to enforce such an agreement -- or the agreement could even be pre-empted by Sacramento. The city attorney's actions regarding enforcement of the "natural area" easement along the frontage of lots facing Laguna Lake, where there is a recorded easement requiring that natural vegetation be left undisturbed, demonstrates such a written agreement will be meaningless. If the attorney will not enforce a recorded easement, will he or his successors enforce restrictions on property use that are in clear contradiction to the uses permitted under the zoning code? Or, when the time comes, will he declare (as in the case of Laguna) that the agreement is unenforceable, and the city would lose in court if it attempted enforcement? You did the right thing in turning down this project weeks ago. Do it again. Richard Schmid P.S. In the simpleminded dialectic of city hall, it sometimes becomes necessary to show there are "alternatives" to proposed projects to win the day. Here are two: The master plan for Margarita Riviera shows a sports complex, including uses such as those proposed for this project, at the corner of Broad and Prado. Also, the airport area masterplan shows similar recreational facilities on Unocal land at the end of the airport runway off Tank Farm Road. Clearly, there are suitable alternative locations for this use -- albeit, on sites not owned by the applicant and not offering the same outrageous speculative inflation of land value offered by upzoning land zoned as open space. Page 2 r MEETING AGENDA DATE T'/6'96 ITEM # 1359 Oceanaire Drive .COUNCIL CDDDIR San Luis Obispo, CA 93405 r�CAO ❑ FIN DIR July 15 , 1996. dCAO ❑ FIRE CHIEF Honorable Allen Settle " ^THEY ❑ PWDIR dCLERK ORIG ❑ POUCE CHF . 990 Palm Street ❑ MGMTTEAM ❑ RECDIR San Luis Obispo , CA 93401-3249 ❑ FILE ❑ UTILDIR Dear Mayor Settle, ' ::: ❑ PERS DIR 4� RE : Agenda Item , Meeting of July 16 , 1996 I am writing in support of the proposal by John Franke to build a recreation sports complex with batting cages and golf practice facilities , complete with expert instruction, off Los Osos Valley Road and Highway 101 . I believe we reed to go much further as a community to provide recreational facilities for our children and adults . The City of San Luis Obispo has spent hundreds of thousands of dollars on bike paths (which primarily serve young adults without children) but steadfastly refuses to ALLOW private individuals to build facilities that would provide other types of recreation. This is a proposal that will create jobb , generate tax revenues , and provide healthy family-oriented recreation. I have heard the arguments about "preserving open space . " I attended the meeting at which the monthly tax was discussed to provide funds for purchasing open space. Believe me, there would be much more community support for this if the City Council would also show an interest in recreation that was not oriented almost exclusively toward adults without children. Approval of this proposal would demonstrate that the City Council can find a bai &.- between the desire .for open space and the need for quality recreational facilities . There is already a demonstrated need for more facilities . Some 5 , 000 people play team sports in San Luis Obispo, and this does not include the many others who simply enjoy informal "pickup" games . Our weather is very conducive to such activities , and I urge you as the policy-setting body to give priority to businesses that utilize this great asset and at the same time address the recreational desires and needs of our residents . Thank you very much. Sincerely, JUL 1 LESLIE RAMSEY CITY COUNCIL .go LI ns 081Sm C9 Calle 1695 Amendments 206-01 General Plan Community Development 777 �ZkM 0 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address D. Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address / - AZ* .11 X11 • �< < • � We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address Address =- Date Date Date 6 Address �:�_ We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ / Address Name Address Name :� Address / - ----_ --- Nam aidr Name Address Date_6=9s— Date (S'-/-'10 Date �s Date Date Date Date --f7r, We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date—�i2 Addre Name Date ?.(o Q(o Address q -�Tc) 1p tj Pn Cation CIL. We strongly urge the City Council to approve the application. needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. %I10111 L 0 L We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address / �, We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date_ 6 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Dates, -zdel Name We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. .�t- te �, Aq •� - �. We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin; San. Luis Obispo, Calif. Name �� Date, We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name _ ��,- Name Address , We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif.. Name Date_Lj27kt Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date_02g¢( Address - �„ We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ Address Name_ Address Name Address Name. Address Name Addres_s Name is l S� Date Date _Q_��6 3 -1 - Date We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. .uI Name Address ' "' .A7 Address Name Address , We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name � We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif.. Name - <"�,, We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name � We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Date Date Date Date Date We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name ,w> We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name - _ Date - Address / -- We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name� Date Address Name—�� Address Date We strongly urge the City Council to approve the application needed. to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name /•' � • i For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date (.1,211,9r. Address / „ Date L, - 9(� Date c -a/ - �� We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ �, � Date6-2- 9G Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. _ Name_ Address Date Name_ Address Date L� For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif- . �� .; For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date Z� 9 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at. 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address Name Address Date 6 a / ME to -Z5 -q (o I Name ', /,,( Datej- d s -7b Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address DateyaL4 (c, Name Address Date � - 6 JUL-10-96 WED 15:16 P. 02 66/25/1996 14:24 8055470918 HOWELL ROY ?NSUFFi PAGE 06 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. ��- Name Name _ _ Date Address Name - - -- -- Date _. Address - tiarae_ _ -__- _-----.-- -- --Date address �- -- ,i amc Address Name __ Date %ddress - - - - .Name `.- -- Date Address ---- ------ Name__ Address Name_ ---- -- Date Address -- --- 4 - kill We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name ♦ ' Address Name Date Address Name Date Address Name Date Address Name Date Address Name Date Address Name Address Date Name Address Date We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. '✓ D For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practicefacility located at 1695 Calle. Joaquin, San Luis Obispo, Calif. Name � Date Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Date Date Ly c 6 Date Date 6 - We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name � . Date 6 -'P Date Date 1 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ Address Name - Name Address Name_ Address C 6 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif- Name__,� Nake Date Address .►. :�• Name_ . Address Name ` Address For any addi Date Date (o - Z 5--Q� call Jobe 5ranks 1 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name (., I We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. .111 ' , , iS Address I We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name We strongly urge the City Council to approve -the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name � � Date Li a s--e7Lo Date & - Z5 `16 Date[ Date�� Date (f-T,� =q b Date (0- ZS We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. �� Date � Z 2 S 6 Address_,/ � 3 D Name_Date 6- 92-% Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name J We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address - We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date Date 6 zs/ & Date 9(0 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name , .11" Address Date (o Date (o (2TI Q Date Date Date (c Date Date Z �- We strongly urge the City Council to approve the application needed to build the golf and baseball practice. facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ Address =Date 6 x"IL Name ' Date 6 2 5 - Date Date Date Name_ Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date_ g Address� .- - We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Name_ Address Date (c z W t We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name � � We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name �_�� Date L ZL-y� Address Name Name_ Address Date L We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Name_ / Address ` Date 6 - z7-1� 6 93YIv W Te- S - Date Z -- 7,7 nate t,--z7�g Date 6 •2-)-'I We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Date�02 Address � We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date Date Date 2 SENT BY 7- 1-96 : 3:57PN; GTE MOBIL\ET 8055498918:= 1! 1 nr��4�:;7t•� HOWELL ROY !NgURA 'We wrongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif Name -- — — Date 7 %� / 9- Address___ Date We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name �� Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ Address Name_ Address Name_ Address Name_ Address Name_ Address, Name_ Address Name_ Address, Name_ Address Name_ Address Date q (o D C- fl c13 qo 1 Date Date Date Date Date Date Date 9 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name �_ Dates�9 Address _V Name Name Date Address Name Date Address Name Date Address Name Date Address Name Date Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Name Date Address Name_ Address Name_ Address Name_ Address Name_ Address Date Date Date Date For any additional information please call John Franks 541-5371 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Name Date Address Name Date Address Name_ Address Date Name Date Address Name_ Address Name_ Address Name_ Address Name_ Address Date Date Date Date We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ Address Name_ Address We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. tea= We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. , Name sL,-Q Name Date Address Name Address Name_ Address Date Date Name Date Address For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Address /, For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date Adrlrecc For any additional information please call John Franks 6 We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Address Name 1 Lo Pin For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name Date -q -3 9 b Address For any additional information please call John Franks We strongly urge the City Council to approve the application needed to build the golf and baseball practice facility located at 1695 Calle Joaquin, San Luis Obispo, Calif. Name_ Address Name Date Address For any additional information please call John Franks We Strongly .UrgeL"e City Council to approve &A ..-IPP11cation -,J C d ro b i it d the 2o, 1 f ci I' t "v, j f-) ate ft at I ri , 11