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Home My WebLink About04/02/2002, C2 - AUTHORIZATION TO ANNEX THE FORMER FOSTER PROPERTY AND APPROVAL OF AN AGREEMENT WITH STAPLETON FAMIL I councit MecllntDau j ACEnda nepoRt nem Numbe CITY O F SAN LUIS 0 B I S P O FROM: Wendy George,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager . SUBJECT: Authorization to Annex the Former Foster Property and Approval of an Agreement with Stapleton Family CAO RECOMMENDATION: (1). Approve a resolution authorizing staff to submit to the Local Agency Formation Commission the necessary documents to permit annexation of the 154-acre former Foster property(purchased by the City of San Luis Obispo in September 2001, for open space), as well as the 42-acre Stapleton property which is a"forced annexation" since State law does not allow "islands"of unincorporated territory surrounded by lands within a City. (2). Approve an Agreement with Robert and Teresa Stapleton relating to the annexation and providing for the Stapleton Property to be connected to the City sewer system per said agreement, subject to non-substantive changes approved by the City Attorney. DISCUSSION It is City policy to annex City open space lands adjacent to the City to ensure that City open space regulations apply and for relief from property taxes on those open space lands. For these reasons, City staff is prepared to move forward with an annexation request to the Local Agency Formation Commission (LAFCO). Since State law does not permit "islands" of unincorporated lands, the annexation would include the adjacent 42 acre Stapleton property(map Attachment 1). The Stapletons have obtained a building permit from the County and have begun construction of a home on their property. The site will require a septic leach field system, which in this case may require the removal of as many as eight mature oak trees. The Stapletons have inquired as to the feasibility of connecting into the City's sewer system as a result of the annexation, to obviate the oak tree removal. Because of uncertainties of timing of the home construction and the annexation, the Stapleton need to know very soon whether this would be permissible, since location mandates that the septic system be installed before house framing begins. Therefore, City staff and the Stapletons have developed a draft agreement regarding these matters which states that: 1. the City will pay all costs of annexation as the Stapleton Property would be a "forced annexation"; 2. the Stapletons agree to support the annexation and waive any rights to appeal; 3. the Stapletons agree to pay all applicable fees and charges required by the City involved in the connection into the City's sewer system; and 4. the Stapleton may connect into the City sewer line at the end of Royal Way before the annexation is complete if there are unforeseen delays in the annexation. G:\HAVLIK\Councilagenda\Annexauons.doc It is staff's expectation that annexation would be completed by this summer; and the Stapletons will occupy their new home in March 2003. In relation to item 4 above, Municipal Code Section 13.16.010 prohibits "the provision or entitlement to water or sewer service for the use or benefit of properties outside the City limits." Staff fully anticipates that the annexation will be complete long before any need for the Stapletons to connect to the City's sewer system,however upon their request, a provision has been included in the agreement to allow connection prior to annexation should the annexation experience any unforeseen delays. Since it is clearly the express intent of both parties/property owners (the City and the Stapletons) for the annexation to proceed through to completion, Staff is comfortable with recommending this possible exception to the municipal code provision. Further, this agreement is desirable for the City as it will serve to protect a number of mature oak trees on the site that would otherwise have to be removed,which in tum will assist in the screening of the home from the area below and from Los Osos Valley Road. It will also obviate potential future environmental problems resulting from the presence of a new, permanent, artificial water source (septic system) in this hillside location and will facilitate the uncontested annexation of the City's open space property into the City CONCURRENCES The Utilities Department has reviewed this matter and concurs with the staff recommendation. FISCAL IMPACT There will be costs associated with the annexation,including for legal descriptions of the property to be annexed and fees assessed by the LAFCO. These would be paid out of the Natural Resources Protection Program CIP budget for 2001-2003,which anticipated this effort. Also, certain fees will be paid by the Stapletons to the City for the right to connect into the City's sewer system. ALTERNATIVE The Council could reject the agreement. This is not recommended, as the effect of such rejection would only be to force removal of the oak trees and installation of the septic system. It would not prevent building the home, which is allowed under existing zoning in the County, and could complicate the goal of annexation of the City's open space. Attachments 1. Map 2. Agreement 3. Resolution 4. Municipal Code Section 13.16.010& .020 G:\HAVLIK\Comeilagenda\Annexadons.doc �� A ITACHMEMT 1 A tVn++ 7y F w 1� -Yin 1,16c oxi3 ` \� 1tl a Irl brinl✓nL KIN �s W4 � >_ 4 �fl. jai �� 8y /� g8 x .t/ �� P 't• 6 . If 2w� _e �$ / SLI.//` .� ///3�� / •1• 9 s / b ,l 6 •!� "4 � /I a 2Ld� ��9 V mss. 'l. S ^/ //�^^•\ l C •e 4� 0o C•��, n. ? • l.t Y ` � k\ Z.(' j 4 It t S \ tL •V w��;✓` �i Z � sy j�x z fax ATTACHMENT 2 AGREEMENT THIS AGREEMENT, made between Robert and Teresa Stapleton(the"Stapleton") and the City of San Luis Obispo (the"City"), is made with reference to the following RECITALS WHEREAS, the City of San Luis Obispo recently purchased 3 parcels of land in the Irish Hills adjacent to the city limits, from Jack and Pat Foster; and WHEREAS,the Stapleton also bought a parcel of land from Jack and Pat Foster; and WHEREAS, the three City parcels, together with another City-owned parcel, essentially surround the Stapleton parcel, as depicted in the attached Exhibit A; and WHEREAS, the City is desirous of annexing its property into the City of San Luis Obispo for several reasons, including having City ordinances apply to use of the site; and WHEREAS,this will require a"forced annexation"of the Stapleton parcel; and WHEREAS, the Stapleton are about to begin construction of a home on their parcel, which, if developed in the County would require installation of a septic system which in turn would require removal of several mature oak trees from the ridgeline of the property; and WHEREAS, the Stapletons have agreed to be annexed and have requested the right to connect to the City sewer system in order to obviate said installation and removal of oak trees. NOW, THEREFORE, the parties agree that: 1. the City shall immediately commence annexation of the City and Stapleton parcels into the City of San Luis Obispo; 2. the City shall bear all costs for said annexation; 3. Stapletons shall support said annexation, and hereby waive any right to object to or appeal said annexation; 4. Stapletons shall connect to the City's sewer system upon annexation; 5. Stapleton shall be responsible for all costs and City fees related to said connection; 6. Stapletons may connect to the City sewer system prior to annexation if said annexation is delayed beyond the time when the Stapleton's home is otherwise ready for occupancy(currently estimated to be March 2003); and 7. this Agreement constitutes the full agreement between the parties and may not be amended except by mutual written agreement of both parties.. ca-4 ATTACHMENT 2 "STAPLETONS" Robert Stapleton date Teresa Stapleton date "CITY" Allen K. Settle, Mayor date Attest: Lee Price, City Clerk date Approved as to Form e G. or , sen, ity Attorney date ca-s s e v 46'Op� 9 y ..i 1F� �- / �_�r rLo-num�l 2 0 nl.L•+�� At Fa .;o:y�ytiC_ �"� /� ✓ �` /,�L//��n!(: "fit S s � � w� \ "S S 4 t 'g ns `;, l wr J cp ^0 ck �q fGn .4 J kA ��y a� G16h 10 141%dl RESOLUTION NO. RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR ANNEXATION OF TERRITORY INTO THE CITY LIMITS OF THE CITY OF SAN LUIS OBISPO WHEREAS, the City of San Luis Obispo recently purchased approximately 154 acres of land from Jack and Pat Foster, which property is outside the corporate limits of the City of San Luis Obispo; and WHEREAS, said property has been dedicated as permanent open space, and is bordered by open space lands within the city limits; and WHEREAS, in order that the rules and regulations governing use of said open space lands can be properly enforced, the property must be within the city limits of the City of San Luis Obispo; and WHEREAS,the City Council of the City of San Luis Obispo therefore desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for annexation of territory into the City of San Luis Obispo; and WHEREAS,the territory included within the boundaries of the annexation is uninhabited(that is, it holds less than 12 registered voters) and a map of the territory to be annexed is included with this Resolution as Exhibit"A". NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of San Luis Obispo hereby requests that the Local Agency Formation Commission of San Luis Obispo County (LAFCO) is hereby requested to undertake proceedings for the annexation of territory as authorized and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. BE IT FURTHER RESOLVED,that the City Council hereby authorizes and directs the City Administrative Officer to take all actions necessary and proper to effect this annexation. On motion of Councihnember , seconded by Councilmember , and on the following roll call vote: AYES: NOES: ABSENT: 012- 7 The foregoing resolution was adopted this day of , 2002. Allen K. Settle, Mayor ATTEST: APPROVED AS TO FORM: QA6//' Lee Price, City Clerk 1,9K G. orge n, ty Attorney