HomeMy WebLinkAbout01/03/1989, 2 - CONSIDERATION OF AMENDING THE ZONING REGULATIONS TO ADD PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT _ MEETING DATE
1111 111 111 City of San LUIS OBI SPO 3-P.9
Mara COUNCIL AGENDA REPORT
-- Michael Multari, Community Development Director; Prepared By: Jeff Hook
Consideration of amending the Zoning Regulations to add procedures and
requirements for development agreements.
CAO RECOMMENDATION
Concur with the Director's Negative Declaration and pass-to-print the draft
ordinance amending the Zoning Regulations to establish procedures and requirements
for development agreements.
BACKGROUND
Discussion
At its December 14th meeting, the Planning Commission concurred with the Director's
negative declaration and recommended council approval of the zoning text amendment with
minor changes (5-0 vote, Commrs. Gerety and Hainline absent). Commissioners suggested
clarifications of submittal requirements and application procedures.
During Council hearings on the proposed Southern California Gas Company Annexation,
development agreements were cited as a possible tool for securing public improvements
concurrent with the annexation. One of the property owners has submitted a draft
development agreement, and asked the city to establish a review process for such
agreements (letter attached). The California Government Code requires local governments
to establish procedures and requirements for development agreements upon the request of
an applicant. The City Attorney recommends that such procedures be adopted by ordinance.
SIGNIFICANT IMPACTS
The proposed zoning text change would not pose significant impacts. It is consistent
with California Government Code and the city's General Plan policies, and would not alter
land use patterns, or the rate or intensity of city development. It is a procedural
change intended to increase the certainty and confidence in the development process, and
provides the city with a new tool for securing public improvements and dedications.
Projects covered by development agreements would be subject to the same environmental
review, legal notice, and public hearing requirements as conventional development
projects. As proposed, development agreements alone would not confer any development
entitlement. Instead, they would set the terms and conditions under which developments
could proceed once all city approvals had been granted, and spell out land uses, phasing,
public improvements and dedications, and consequences of non-compliance.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
Failure to enact an approval process for development agreements may conflict with state
law. While the Government Code requires local governments to set procedures and
requirements for development agreements if requested to do so by an applicant, it does
not require cities or counties to use them. The city retains full authority to decide
when, and under what terms and conditions it will enter into a development agreement. l
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COUNCIL AGENDA REPORT
Staff Report
Page 2
CITIZEN PARTICIPATION
On December 14, 1988 the Planning Commission voted 5-0 in favor of the zoning text
amendment with some minor wording changes. The recommended changes are listed below and
included in the draft ordinance. Before the meeting, staff circulated the draft
ordinance and a model development agreement for comment to Southern California Gas
Company Annexation area property owners and other interested parties. Staff has not
received any property owner or citizen comments on the text change.
The commission recommended the following changes:
A. Expand wording on page 5, section A.5. to include typical site plan information
like topography, property lines, lot dimensions, building setbacks, and
significant natural features.
B. Clarify wording at bottom of page 5, section B. that incomplete applications will
not be processed.
C. Clarify wording on page 8, section A.5. regarding reservation or dedication of
land to be secured for public purposes, and give examples.
D. Reword the top paragraph, page 11 to clearly state that development covered by
development agreements shall comply with General Plan, Zoning and Subdivision
Regulations, and other applicable policies.
DISCUSSION
History
California's Development agreement statute was enacted in 1979. It was prompted by: 1)
developer's concerns with the proliferation of new land use regulations and related
uncertainties in the development process; and 2) Local government worries about the
sources of public infrastructure financing in the wake of Proposition 13. The new bill
allowed cities and counties to enter into development agreements, and was intended to:
1. Increase certainty in the development process by "vesting" planning entitlements
like use permits, variances, and planned development rezonings; and
2. Provide a flexible negotiation tool for local governments to secure necessary
public improvements for phased or complex projects.
Briefly, the statute allows any city or county to enter into a development agreement with
any person having legal or equitable interest in real property, and to establish
procedures and requirements for such agreements. The agreements must be reviewed
annually for developer compliance. The city or county may terminate the agreement if it j
finds evidence of violation of the agreement's terms. As a minimum, the agreement must j
address: duration of agreement, land use or intensity, maximum size and.height of
proposed buildings, and dedications of land for public use. Other terms or conditions
may be added at the discretion of the city or county, provided that they do not frustrate
the basic purpose and intent of the agreement.
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COUNCIL AGENDA REPORT
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Page 3
Purpose
In essence, the development agreement "bridges" the critical period between securing
development approvals and completing a project. For large or complex project, this
period may last several years. Once approved, the development agreement would allow the
project to proceed to completion under the regulations, policies, standards and
conditions in effect at the time of project approval. The local agency can, however,
deny or conditionally approve later development applications not covered by the original
agreement. Furthermore, it can apply new regulations to the approved project provided
that they do not conflict with the development agreement.
Development agreements can be used to establish conditions of approval, phasing, public
improvements, or other terms in connection with annexations and achitectural approvals —
city actions which don't typically include such conditions. Also, the format of
development agreements affords the city and developer more flexibility in structuring a
detailed, comprehensive framework for project approval and completion than do typical use
permit or PD conditions.
City Authority
- While the code requires local agencies to set procedures and requirements for development
agreements if requested to do so by an applicant, it does not require cities or counties
to use them. The local agency retains full authority to decide when, and under what
terms and conditions it will enter into a development agreement. If the local agency
does use development agreements, it must follow public notice and hearing procedures
applicable to other discretionary land use entitlements. Development agreements are
considered legislative acts to be approved by ordinance, and are subject to referendum.
Development agreements could be used with development approvals like annexations, planned
development rezonings, and use permits. As proposed, development agreements alone would
not confer any development entitlement. Instead, they would establish the terms and
conditions under which developments could proceed once all necessary approvals had been
granted. They would spell out land uses, phasing schedules, public improvements and
dedications, and consequences of non-compliance.
Other jurisdictions, such as the City of Santa Monica and the City of Los Angeles have
used development agreements to grant development entitlements. Under this approach, the
agreement receives public notice and hearing as with any other land use approval, and the
commission and council can relax development standards and grant other development
incentives under the terms of the agreement, in lieu of a use permit or variance. San
Luis Obispo may also opt for this approach, however staff prefers the proposed wording
since it achieves the intent of development agreements without duplicating existing
approval processes.
Model Development Aereement
Staff has prepared a model development to illustrate format and content of a development
agreement. While certain basic requirements will be included in all agreements, terms
and conditions could vary depending upon the project and planning issues. Under the
proposed ordinance, development agreements would be reviewed by the planning commission
e
who would then make a recommendation to the council The council nould then APP
modif y,
city of san Luis osispo
COUNCIL AGENOA REPORT
Staff Report
Page 4
or reject the agreement. Development agreements could, but wouldn't have to be,
processed concurrently with other planning applications.
ALTERNATIVES
1. Approve the text amendment with or without changes.
The government code prescribes mainimum requirements, and gives local governments broad
discretion over development agreement procedures, format and content. The council may
modify the proposed wording, add or delete text as appropriate. Staff supports this
approach since it would comply with state law, and provide additional flexibility in the
development review process.
2. Continue the text amendment for additional discussion or information.
There is no specific deadline for adopting development agreement procedures and
requirements. The council may continue the amendment for more changes or discusssion, or
if it needs additional information. The only project which may be affected by a
continuance is the proposed Southern California Gas Company Annexation, tentatively
scheduled to return to the council in February.
3. Deny the text amendment.
The council could deny the proposed text amendment. To comply with state law, however,
the city would need to develop some other standards for development agreements. Staff
feels the proposed ordinance is sound, and meets state requirements and city and
developer needs.
RECOMMENDATION
Adopt the draft ordinance affirming the Director's negative declaration and adding
procedures and requirements for development agreements to the Zoning Regulations.
Attachments:
-Draft ordinance
-Model development agreement
-Initial environmental study
-California Government Code excerpt
-Letter from SoCal Gas annexation property owner.
I
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D RAFT
ORDINANCE NO. (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING
PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT AGREEMENTS
WHEREAS, State law allows cities and counties to establish procedures and requirements
for the consideration of development agreements; and
WHEREAS, such procedures and requirements, once established by law, allow cities and
counties to enter into a development agreement with any person having a legal or
equitable interest in real property; and
WHEREAS, the Council finds that such development agreements serve a public purpose by
providing additional certainty for all parties during the development process, reducing
unnessary costs and time delays, encouraging investment in and a committment to
comprehensive planning, and by utilizing resources efficiently while reducing public
costs; and
WHEREAS, development agreements provide assurances to applicants that upon approval of a
project-, the applicant may proceed with the development in accordance with existing
policies, standards, conditions, and regulations in effect at the time of execution of
the agreement; and
WHEREAS, the Council also finds that such development agreements provide a tool to secure
necessary public improvements, secure landscaping, open space or other public amenities,
and to establish the terms and conditions for extending urban services prior to
annexation;
NOW, THEREFORE, BE ORDAINED by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Chapter 1.7.94 is hereby added to the San Luis Obispo Municipal Code to
read as follows:
Chapter 17.94 -- DEVELOPMENT AGREEMENTS
Sections;
17.94.010 Purpose and Scope.
17.94.020 Authority.
17.94.030 Initiation of Hearings.
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17.94.040 Applications - Legal Interest.
17.94.050 Fees.
17.94.060 Applications - Contents.
17.94.070 Public Notice.
17.94.080 Failure to Receive Notice.
17.94.090 Planning Commission Hearing and Recommendation.
17.94.100 City Council Hearing.
17.94.110 City Council Action.
17.94.120 Development Agreement - Contents.
17.94.130 Development Agreement - Adoption of Ordinance - Execution of Contract.
17.94.140 Recordation of Executed Agreement.
17.94.150 Ordinances, Regulations and Requirements Applicable to Development.
17.94.160 Subsequently Enacted State and Federal Laws.
17.94.170 Enforcement - Continuing Validity.
17.94.180 Amendment - Time Extension - Cancellation.
17.94.190 Review for Compliance - Director's Authority.
17.94.200 Violation of Agreement - Council Review and Action.
17.94.210 Modification or Termination for Violations.
17.94.220 Consequences of Termination.
17.94.230 Irregularity in Proceedings.
17.94.240 Coordination of Approvals.
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DRAFT ORDINANCE
17.94.010 Purpose and Scope: Development agreements specify the rights and
responsibilities of the City and developers. Used in conjunction with a use permit;
variance, subdivision approval, annexation, rezoning, or architectural approval,
development agreements establish the terms and conditions under which development
projects may proceed. Development.agreements are best used for large, complex, or phased
projects which require extended construction time, and which involve numerous public
improvements such as streets, utilities, flood improvements, schools, parks and open
space and other improvements of community-wide benefit. Under a development agreement,
projects may proceed under the rules, standards, policies, and regulations in effect at
the time of original project approval.
17.94.020 Authority. This Chapter establishes procedures and requirements for
development agreements for the purposes specified in and as authorized by Article 2.5,
Chapter 4, Title 7 of the Government Code Section 65864 gt. M. The Commission may
recommend and the Council may enter into a development agreement for the development of
real property with any person having a legal or equitable interest in such property as
provided below.
17.94.030 Initiation of hearings. Hearings on a development agreement may be
initiated: A) upon the filing of an application as provided below; or B) by the
Council by a simple majority vote.
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17.94.040 Applications - Legal Interest. Any person having a legal or equitable
interest in real property or such other interest as specified in subsection 17.94.060
B.2. may apply for a development agreement, except that a person may not file, and the
director shall not accept an application which is the same as, or substantially the same
as, an application which was denied within the previous year, except as otherwise
provided by subsection 17.94.030.B., above.
17.94.050 Fees. The Council shall establish, and from time to time may amend, a
schedule of fees to cover the City's costs of processing applications for development
agreements.
17.94.060 Application - Contents.
A. A Development agreement application shall include the following information.
1. The name and address of the applicant and of all persons having a legal or
equitable interest in all or a part of the property proposed to be used;
2. Evidence that the applicant.
a. Has a legal or equitable interest in the property involved; or
b. Has written permission from a person having a legal or equitable interest
to make such application;
3. Location of subject property by address, and vicinity map.
4. Legal description of the property, including a statement of total area involved;
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5. Plan showing the location of all property included in the request for action,
existing and proposed land uses, property lines and dimensions, topography,
significant natural features, setbacks, the location of all highways; street,
alleys and the location and dimensions of all lots or parcels of land within a
distance of 300 feet from the exterior boundaries of the property described in
the application;
6. Mailing list of the names and addresses of all tenants occupying the subject
property or properties within 300 feet from the subject property boundaries; and
a mailing list of owners of adjacent properties within 300 feet from the subject.
property boundaries, as shown on the County Assessor's latest available
assessment roll;
7. The proposed development agreement, together with all explanatory tett, plans,
maps, drawings, pictures and other information as may be required to evaluate
such proposal, and as further described in Section 17.94.130;
8. Such other information as the Director may require.
B. The Director may waive the filing of one or more of the above items where the
required information is filed with an application for a rezoning, use permit,
variance, subdivision approval, or other development entitlement to be considered
concurrently with the development agreement.
1. The Director may reject any application that does not supply the required
information, and incomplete applications will not be processed.
2. The accurancy of all information, maps and lists submitted shall be the
responsibility of the applicant.
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17.94.070 Public Notice.
A. Director Action. When the Director certifies that the application is complete, the
item shall be scheduled for Commission hearing; and the Director shall give notice of
the public hearing, as provided below.
B. Manner of Givine Public Notice., Public Notice requirements shall be met by:
1. Mailing or delivery to the applicant and to all owners of real property within
300 feet of the property included in the development agreement, and
2. Mailing or delivery to all tenants of property within 300 feet of the property
included in the development agreement; and
3. Mailing to any person who has filed a written request for such notice with the
Planning Director;
4. Publication at least once in a newspaper of general circulation published and
circulated in the City. Said notice shall be published at least 10 days before
the hearing date, and shall include: a) The time and place of the public
hearing, b) A general explanation of the development agreement including the
property location, proposed land uses, and applicant's name.
17.94.080 Failure to Receive Notice. The failure to receive notice by any person
entitled thereto by law or this Chapter does not affect the authority of the City to
enter into a development agreement.
17.94.090 Planning Commission Hearing and Recommendation. The Commission shall
consider the proposed development agreement and shall make its recommendation to the
Council. The recommendation shall include whether or not the proposed development •
agreement meets the following findings:
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A. The proposed development agreement is consistent with the general plan-and any
applicable specific plan; and
B. The proposed development agreement complies with zoning, subdivision and other
applicable ordinances and regulations; and
C. The proposed development agreement promotes the general welfare and that it allows
more comprehensive land-use planning, and provides necessary public improvements,
making it in the public interest to enter into the development agreement with the
applicant; and
D. The proposed project and development agreement:
1. Will not adversely affect the health, safety, or welfare of persons living or
working in the surrounding area;.or
I Will be appropriate at the proposed location and will be compatible with
adjacent land uses;or
3. Will not have a significant adverse impact on the environment.
17.94.100 City Council Hearing. After the recommendation of the Planning
Commission, the Director shall give notice of a public hearing before the City Council in
the manner provided for in Section 17.94.070.
17.94.110 City Council Action.
A. Referral_ After it completes the public hearing and considers the Commission's
recommendation, Council may approve, conditionally approve, modify or disapprove the
proposed development agreement. The Council may refer matters not previously
considered by the Commission during its hearing back to the Commission for report and
r ,
- recommendation.
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B. Aooroval. The development agreement may be approved if the City Council makes the
findings for approval listed in Section 17.94.090 above.
17.94.120 Development Agreement - Contents.
A. Development agreements shall include the following:
1. The duration of the agreement, including a specified termination date if
appropriate; and
2. The uses to be permitted on the property; and
3. The density or intensity of use permitted; and
4. The maximum height, size and location of buildings permitted; and
5. The reservation or dedication of land for public purposes to be secured,
including, but not limited to rights-of-way, open space preservation, and public )
access easements.
6. Proposed exceptions from zoning regulations or other development standard, and
findings where required.
7. The time schedule established for periodic review as required by Section
17.94.190.
B. Development agreements may also include additional terms, conditions, and
restrictions in addition to those provided above.
These additional terms may include, but are not limited to:
A. Development schedules providing that construction of the proposed development as
a total project or in phases be initiated and/or completed within specified time
periods;
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B. The construction of public facilities required in conjunction with such
development, including but not limited to vehicular- and pedestrian
rights-of-way, public art and other landscape amenities, drainage and
floodcontrol facilities, parks and other recreational facilities, and sewers
and sewage treatment facilities,
C. Method of financing such improvements and where applicable, reimbursement to
developer or city:
D. Prohibition•of one or more uses normally listed as permitted, accessory, subject
to director's review or subject to use permit in the zone normally allowed by
right;
E. Limitations on. future development or special terms or conditions under which
C' subsequent development approvals not included in the agreement may occur;
E The requirement of a faithful performance bond where deemed necessary to , and
in an amount deemed sufficient to guarantee the faithful performance of
specified terms, conditions, restrictions and/or requirements of the
agreement.
In lieu of the a bond, the applicant may deposit with the City Clerk
certificates of deposit or other surety acceptable to the Finance Director.
G. Specific design criteria for the exteriors of buildings and other structures,
including colors and materials, landscaping and signs;
H. Special yards, open spaces, trails; staging areas, buffer areas, fences and
walls, public art, landscaping and parking facilities, including vehicular and
pedestrian ingress and egress;
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I. Performance Standards regulating such items as noise, vibration, smoke, dust,
dirt, odors, gases, garbage, heat and the prevention of glare or direct
illumination of adjacent properties;
J. Limitations on operating hours and other characteristics of operation which
Council determines could adversely affect the reasonable use and enjoyment of
surrounding properties.
17.94.130 Development Agreement - Adoption by Ordinance - Execution of Contract.
A. The development agreement shall be approved by the adoption of an ordinance.
Upon the adoption of the ordinance, the City shall enter into the development
agreement by the execution thereof by the City Administrative Officer.
B. No ordinance shall be finally adopted and the City Administrative Officer shall
not execute a development agreement until it has been executed by the applicant
and all other parties to the agreement. If the applicant has not executed the
agreement or agreement as modified by the City Council, and returned said
executed agreement to the City Clerk within 30 days followingCouncil approval,
the approval shall be deemed withdrawn, and the Council shall not finally adopt
said ordinance nor shall the City Administrative Officer execute said agreement.
C. Such 30-day time period may be extended upon approval of the Council.
17.94.140 Recordation of Executed Agreement. Following the execution of a
development agreement by the City Administrative Officer, the City Clerk shall record the
executed agreement with the County Recorder.
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17.94.150 Ordinances, Regulations and Requirements Applicable to Development.
Development projects covered by a development agreement shall comply with the General
.Plan, Zoning and Subdivision Regulations, and other applicable codes, ordinances, rules,
regulations and official policies in effect on the date of execution of the development
agreement by the City Administrative Officer, provided, however, that a development
agreement shall not:
A. Be construed to prevent.the application of later adopted or amended ordinances,
rules, regulations and policies which do not conflict with such existing
ordinances, rules, regulations and policies under the development agreement; or
B. Prevent the approval, conditional approval, or denial of subsequent development
applications pursuant to such existing or later adopted or amended ordinances,
rules, regulations and policies.
17.94.160 Subsequently Enacted State and Federal Laws. In the event that State or
Federal laws or regulations enacted after execution of a development agreement prevent or
preclude compliance with one or more.provisions of such agreement, the provisions of such
agreement shall be deemed modified or suspended to the extent necessary to comply with
such laws or regulations.
17.94.170 Enforcement - Continuing Validity.
A: Unless and until amended or cancelled in whole or in part as provided in
Sections 17.94.180 or 17.94.200, a development agreement shall be enforceable by
any party to the agreement, regardless of any change in regulations which alters
or amends the regulations applicable to the project covered by a development
�' agreement, except as specified. in Sections 17.94.150 and 17.94.160.
Development Agreement J
Page 12
B. The development agreementshall be binding upon, and the benefits of the
agreement shall inure to, all successors in interest to the parties to the
agreement.
17.94.180 Amendment - Time Extension - Cancellation. A development agreement may be
amended, extended, or cancelled in whole or in part, by mutual consent of all parties to
the agreement or their successors in interest. Procedures for amendment, time
extensions, or cancellation of the development agreement by mutual consent shall be the
same as provided for initiation and consideration of such agreement.
17.94.190 Review for Compliance - Director's Authority.
A. Every development agreement entered. into by the City Council shall provide for }
Director review of compliance with the development agreement at time intervals
as specified in the agreement, but not less than once every 12 months.
B. The Director shall determine whether the applicant or his successor in interest
has or has not complied with the agreement. If the Director determines that the
terms or conditions of the agreement are not being met, all parties to the
agreement shall be notified by registered or certified mail, also indicating
that failure to comply within a period specified may result in legal action to
enforce compliance, termination or modification of the agreement.
C. It is the duty of the applicant or his successor in interest to provide evidence
of good-faith compliance with the agreement to the Director's satisfaction at
the time of the Director's review. Refusal by the applicant or his successor in
interest to provide the required information shall be deemed prima facie
evidence of violation of such agreement. _
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D. If, at the end of the time period established by the Director, the applicant.or
his successor in interest has failed to comply with the terms of the agreement
or has not submitted evidence substantiating such compliance, the Director shall
notify the City Council of his findings recommending such action as he deems
appropriate, including legal action to enforce compliance or to terminate or
modify the agreement.
17.94.200 Violation of Agreement - Council Review and Action.
A. When the Director notifies the Council that a development agreement is being
violated, a public hearing shall be scheduled before the Council to consider the
matter. Procedures for conduct of such hearing shall be the same as provided
C, for initiation and consideration of a development agreement.
B. If the Council determines that the applicant or his successor in interest is in
violation of a development agreement, it may take one of the following actions:
1. Schedule the matter for Council hearing for modification or possible
termination of the agreement. Procedures for hearing notice shall be the
same as provided in Section 17.94.070.
2. Continue the matter for further consideration.
17.94..210 Modification or Termination for Violations. After the hearing required by
17.94.200.A., the Council may terminate or modify the agreement upon finding that:
A. 1. Terms, conditions, and obligations of any party to the development agreement
have not been met; or
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2. The scope, design, intensity, or environmental effects of a project were
represented inaccurately; or
3. That the project has been, or is being built, operated, or used in a manner that
differs significantly from approved plans, permits, or other entitlements; or
4. Parties to the agreement have engaged in unlawful activity, or have used bad
faith in the performance or the failure to perform their obligations under the
agreement.
B. Modifications. Such remedial action may include, but is not limited to changes
to project design or uses, operating characteristics, or necessary on- or offsite
improvements which are determined to be reasonably necessary to protect public
health, safety or welfare, and to correct problems caused by or related to
non-compliance with the terms of this agreement.
17.94.220 Consequences of Termination. Upon termination of the Development
Agreement, the Owner shall otherwise comply with City codes, regulations, development
standards, and other applicable laws in effect at time of termination of the agreement.
17.74.230 Irregularity in Proceedings. No action, inaction, or recommendation
regarding the proposed development agreement shall be held void or invalid or be set
aside by a court by reason of any error, irregularity, informality, neglect or omission
as to any matter pertaining to the application, notice, finding, record, hearing, report,
recommendation, or any other matters of procedure whatsoever, unless after an examination
of the entire record, the court is the opinion that the error was prejudicial and that a
different result would have been probable if the error had not occurred or existed.
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J
17.74.240 Coordination of approvals.
A. Public Hearings. Where an application for a development agreement is
concurrently filed with an application for a zone change, use permit, variance,
minor subdivision or tract map, or annexation and the applications may be
feasibly processed together,.public hearings may be concurrently held..
B. Zoning or Subdivision Exceptions. Yards, building height, coverage, parking
requirements, density, and other design standards may be modified or relaxed
during consideration of a development agreement when such standards are also
considered as part of a "related development application. The Council may modify
or relax development or subdivision standards when: 1) Such modification or
relaxation is otherwise allowed by the Municipal Code; 2) Council makes
findings as required by zoning and subdivision regulations, and .3) Council
C; determines that such modification or relaxation of standards is consistent with
the General Plan, and- reasonably necessary to allow the safe, efficient, or
attractive development of the subject property.
17.74.250 (left blank)
SECTION 2. After City Council review and consideration, the Community Development
Director's action to grant a negative declaration pursuant to the City Environmental
Procedures and California Environmental Quality Act is hereby affirmed.
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Development Agreement
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SECTION 3. Any provision of the San Luis Obispo Municipal Code or appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to affect the
provisions of this ordinance. This ordinance does not alter or change the powers and
duties of any other Board or Commission of the City.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordiance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaing
portions of the ordinance. The City Council hereby declares that it would have passed
this ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconsitutional.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, shall be published at least five (5) days prior to its final passage
in the Telegram-Tribune, a newspaper published and circulated in said city, and the same
shall go into effect at the expiration of thirty (30) days after its said final passage.
A copy of the full text of this ordinance shall be on file in the office of the City
Clerk on and after the date folloiwng introduction and passage to print and shall be
available to any interested member of the public.
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Page 17
INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on
the day of 1988, on motion of
. seconded by and on
the following roll call voter
AYES:
NOES:
ABSENT:
Mayor
n ATTEST:
City Clerk
APPROVED:
ity Adm istrative Officer
City Atto ey
Community Development Director
oZ-� /
D 0 Rh A F
T
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
(Developer's Name)
This development agreement is made and entered into this day
of . 19� by and between the City of San Luis Obispo, a
municipal corporation, (hereinafter "CITY"), whose address is 990 Palm Street, P.O. Box
8100, San Luis Obispo, California 93403-8100; and (developer's name, legal status, and
mailing address) (hereinafter "OWNER"), pursuant to the authority of the City Charter,
Sections 65864 through 65869.5 of the California Government Code, and Chapter 17.94 of
the San Luis Obispo Municipal Code. CITY and OWNER shall hereinafter be referred to
collectively as "PARTIES.*
I. PROPERTY DESCRIPTION. Owner owns (site area) of real property in the
City of San Luis Obispo, described in Exhibits " ", " ", and " ", attached
hereto. The property is commonly known as (street address), Assessor's Parcel
Number(s) (list APN), and is referred to herein as the "subject property."
II. PURPOSE AND INTENT. Development of the subject property in accordance with
Exhibit * " and as described in Section IV. below will provide for its orderly
growth and development, and will further the City's General Plan goals and
objectives by: !�
i
Model Agreement
Page 2
A. (list specific General Plan goals or objectives advanced by the project).
B. Development of the subject property will serve a public purpose in that the
OWNER and/or CITY intend to provide the following public improvements in
conjuction with the proposed project:
(list on- or offsite public improvements, dedications, contributions,
reservations, or other significant public benefits).
III. DECLARATIONS. (This section includes a general background statement of the
developers and city's intent). The parties anticipate that the subject property
will be annexed to the City of San Luis Obispo, and that as part of said
annexation, properties within the annexation area will be improved to meet city
city requirements and development standards to assure the safe, orderly, and
attractive development of the annexation area. To meet this objective, the OWNER
agrees to install various improvements or otherwise provide various public
benefits in return for CITY assurances that the,project will be allowed to proceed
under the policies, standards,, conditions and regulations in effect at the time of
execution of this agreement.
A. Said public improvements will benefit the City, the proposed project; and
adjacent properties and will be paid for .by OWNER and installed according to
the development schedule, Exhibit
B. The parties understand that OWNER shall submit development plans in
accordance with Exhibit " ", and shall secure City approvals for
/' constructing the project under the terms and conditions of this agreement.
Model Agreement
Page 3
C. PARTIES agree that the subject property shall be developed in conformance
with City development standards in effect on the date this agreement is
executed; or where they differ, with development standards required or
allowed under this agreement. Such development standards shall apply for
the duration of the development agreement, and may be modified as provided
in Section XI.
D. CITY agrees that OWNER will be able to develop the subject property in the
manner shown in Exhibits " ", " ", and " " subject to the terms and
conditions of this agreement, and in accordance with City approvals and
permits.
E. Other general declarations or understandings.
IV. PROJECT DESCRIPTION. OWNER proposes to build (describe project in general
terms, eg. Three-story, 24,000 square foot commercial building with retail on the
ground floor and offices above). The project is to be constructed (describe
construction schedule and/or phasing, type and location of improvements included
with each phase, and expected date(s) of completion).
A. Duration of Agreement. (State expiration date of agreement).
B. Land Uses. Owner intends to develop the subject property to accommodate
the following uses: (list general types of uses and approximate floor area
devoted to each use. If residential uses are proposed, describe unit types,
sizes, and mix).
;2 -a
1
Model Agreement
Page 4
B. Development Intensity. (describe percentage of lot covered by
buildings, paving, and landscaping; proposed number of density units
(for residential projects) allowed and proposed, general building and
parking layout, and number of parking spaces required and provided).
C. Maximum Height, Size, Location Setbacks of Buildings. (driveway
access, parking lot circulation for vehicles and pedestrians, required
street improvements, provisions for joint access or parking with
adjacent properties, access restrictions, and provisions for
commercial loading for projects with a gross floor area of 10,000 sq.
ft. or more).
J
D. Land_Reservation or Dedication. (describe location and type of
proposed easements, reservations, or dedications, if any. Also
include a statement of public purpose to be served by such easement,
reservation, or dedication of land, and any special conditions or time
limitations.
E. Exceptions to Development Standards. (describe any requested
exceptions to Zoning or Subdivision Regulations, Parking and Driveway
standards, or construction codes).
Model Agreement
Page 5
F. Development Agreement Review. The Community Development Director shall
review this agreement six months from the date of execution of this
agreement, and then annually to verify compliance with the terms of the
agreement. OWNER agrees to provide such information as the Director deems
reasonably necessary to evaluate compliance with this agreement, and CITY
agrees to notify OWNER of the results of the review.
V. SPECIAL PROVISIONS. In addition to the improvements and provisions listed
above, the following special provisions shall apply:
(describe terms, conditions, or improvements under the categories listed below,
where applicable.)
A. Development Schedules. (Development Schedules specifying that
construction of the total project or project phases be initiated or
completed within certain time periods.)
B. Public Improvements. (Statement of public improvements to be completed
with the development, including but not limited to street and frontage
improvements; traffic controls; bicycle facilities and public
transportation; parks, trails, and open space dedication and improvements;
drainage and flood-control facilities: water and sewer treatment facilities:
and improvements to school, police, or fire facilities; and method of
financing the improvements.
l l
Model Agreement
Page 6
C. Use Restrictions. (This section may include restrictions on hours of
operation,'or the prohibition of uses which are normally allowed by right,
or allowed subject to discretionary approval in the zone of the subject
property.)
D. Future Development. (Describe limitations to be placed on future
development; or special requirements and conditions under which future
development not covered by the agreement may occur).
E. Performance Bond. (Statement that OWNER shall post a performance bond
(or other surety acceptable to CITY) in the amount of
to guarantee the faithful performance of
terms, conditions, restrictions, and/or requirements specified in the
agreement).
F. Design Criteria. (describe specific design criteria applying to the
project, including the building's design and materials, landscape planting
and irrigation, special screening requirements for parking areas, bash
dumpster, outdoor storage, and mechanical equipment, outdoor useareas: site
lighting, and signs).
G. Special Amenities. (describe special provisions such as modified street
yard setbacks, open spacepreserves or trails and related staging
Model Agreement
Page 7
facilities, public art. pedestrian amenities, and enhanced landscaping and
parking lot facilities).
H. Performance Standards. (describe any special standards to apply to
project, regulating such items as noise, vibration, smoke, dust, dirt,
odors, gases, trash, heat, glare, or pollution).
L Operating Characteristics. (describe special operating hours or other
limitations on uses applicable to the project to insure compatibility with
adjacent uses, or conformance with zoning requirements.
YI. TERM OF AGREEMENT. The term of this agreement shall begin upon (execution
by PARTIES. or upon approval of some other entitlement for the project, eg.
annexation). The agreement shall extend for a period of _years thereafter,
unless the term is extended by mutual consent of the PARTIES, or pursuant to
Section XII.
VII. COMPLIANCE WITH AGREEMENT. During the term of this Agreement, the permitted
uses of the subject property, site planning and exterior building design, building
and parking layout, landscaping, and public amenities shall be maintained as
described in this agreement and as shown in Exhibit(s) " OWNER may submit
building plans and initiate plancheck after city approval of the development
agreement and during the annexation process; however PARTIES
a
Model Agreement
Page 8
acknowledge that no building permit or other entitlement will be granted until the
annexation is complete and subject property is within city limits. Project
requirements resulting from environmental mitigation, use permit.approval,
subdivision approval, or other city actions of entitlements shall continue in
effect for the life of the project, and shall be met prior to occupancy of the
project. Assessments, fees, dedications,•and easements shall be paid or otherwise
secured prior to building permit issuance.
VIII. APPLICABILITY OF NEW LAWS.
A. Project Covered By Development Agreement. During the term of this
agreement, CITY may apply to the subject property only such new or modified
C regulations, standards, or policies which are not in conflict with those in
effect on the date of execution of this Agreement. This section shall not
preclude the application of such new or modified regulations, standards or
policies which are required by State or Federal law. If changes to State or
Federal law occur, or new State or Federal laws are enacted after the
effective date of this Agreement which prevent compliance with provisions of
this Agreement, the parties shall take action pursuant to Section IX, below.
B. Subsequent Development Permit Applications. Not Covered By Development
Agreement. Subsequent Development permit applications not covered under
this agreement shall be subject to new or modified regulations, standards or
policies in effect at time of application; and nothing in this agreement
shall be construed to limit CITY'S authority to hold necessary public
hearings, or to limit CITY'S discretionary authority to approve or deny
1
2 -�
Model Agreement
Page 9
subsequent development applications not covered under this agreement.
However, subsequent discretionary actions shall consider city regulations,
standards, and policies in effect on the date of execution of this
agreement; and shall, whenever possible, be in conformance with this
Agreement.
IX. MODIFICATION OF AGREEMENT. If State, Federal, or City laws enacted after the
effective date of this Agreement, or actions by a lending institution financing
the project should prevent compliance with any provision of this Agreement,
PARTIES agree that such provision shall be modified, extended or suspended as
necessary to comply with such laws. PARTIES agree to cooperate in good faith to
modify the Agreement or approved plans. j
X. PROCESSING FEES. City application fees, processing and permit fees,
inspection or other fees that are created or increased during the term of this
agreement shall apply to development of the subject property provided that:
A. Such fees apply to other similar development projects in the City; and
B. New or increased fees are not applied retroactively; and
C. Application of such fees to the development of the subject property would
not conflict with the terms of this agreement, nor frustrate implementation
of the approved project.
�"3 0
Model Agreement
CPage 10
I. DEVELOPMENT FEES AND CONTRIBUTIONS. OWNER acknowledges that the following
fees and/or contributions will be paid prior to (list payment date, eg. building
permit issuance, final building occupancy, or other date as agreed with CITY, or
reference Exhibit " " - Schedule of Payments):
Total fee contribution under the terms of this Agreement shall not exceed
If such contributions are
not their intended purpose within _years from the date of execution of
this Agreement, then CITY shall:
A. Reimburse OWNER for all unspent development fees, provided that in no
case shall CITY be responsible for more than the amount originally
collected; or
B. Reimburse OWNER as provided in the "Fee Payment and Reimbursement
Plan% Exhibit " ". Said plan shall include a fee payment schedule,
itemized listing of specific improvements and fees, and remedies for
non-payment of fees. Required fees shall be based on actual cost of
improvements.
XII. AMENDMENT, TIME EXTENSION, OR CANCELLATION. This Agreement may be amende
extended, or cancelled at any time by mutual consent of PARTIES or their
successors in interest, in accordance with Chapter 17.94.180 SLOMC, and subject to
the following:
v
Model Agreement
Page 11
A. Changes to land use, site plan or landscaping, parking and circulation,
building design or materials, signs, and other exterior design features
determined by the Director to be "minor or incidental" shall not require an
amendment to this agreement; and
B. The Director may waive the requirement for a public hearing when such
amendments or time extensions would not affect the term of the agreement,
permitted uses, intensity of use, size of buildings, parking or circulation,
reservation or dedication of land or easements, or any conditions of
development permits relating to the use of subject property.
XIII. CITY shall, after six (6) months from the execution of this agreement and each
twelve (12) months thereafter, review the compliance by Owner with the terms of
this Agreement. The review shall be limited in scope to compliance with the terms
of this Agreement. Owner shall receive thirty (30) days prior notice of such
annual review, and the notice shall include the statement that any review may
result in amendment or termination of this Agreement. A finding of non-compliance
may result in the Agreement being scheduled for City Council review.
XIV. NON-COMPLIANCE FOR DUE CAUSE. Performance by either party hereunder shall not
be deemed to be in default where delays are due to war, insurrection, strikes,
building moratoriums, walkouts, riots, floods, earthquakes, fire casualties, acts
of God, restrictions imposed by other governmental entities, demonstrated
^ l
_ Model Agreement.
�— Page 12
inability of Owner to obtain financing or enactment of conflicting state or
federal laws or regulations. An extension of time for such cause may be granted
in writing for the period of the enforced delay, or longer as may be mutually
agreed upon.
XV. DEFAULT, REMEDIES, TERMINATION:
A. The parties agree that unless this Agreement is cancelled by mutual consent,
or for violation of existing ordinance or law, this Agreement shall be
enforceable by parties;notwithstanding, any subsequent change to
ordinances, city plans, regulations, or policy adopted by the City after the
effective date of this agreement, shall be enforceable and applicable to the
development of the subject property.
B. Failure by either party to perform any provision of this Agreement shall
constitute a default. In the event of alleged default of any terms of this
Agreement, the party alleging such default shall give the other party not
less than thirty (30) days notice in writing specifying the nature of the
alleged default and the manner in which said default may be satisfactorily
cured. During such thirty (30) 'day period, (or such longer period during
which the charged party diligently attempts to cure the default), the party
charged shall not be considered in default for purposes of termination or
institution of legal proceedings.
C�
cQ - 33
Model Agreement
Page 13
C. After notice and expiration of the thirty (30) day period (or as extended by
PARTIES), either party may institute legal proceedings pursuant to this
Agreement and give notice of intent to terminate the Agreement.
Following notice of intent to terminate, the matter shall be scheduled for
consideration as provided in Section 17.94.200 SLOMC. Following
consideration of the evidence before the City Council, either party alleging
default by the other party may give written notice of termination of this
Agreement to the other party.
D. In addition to any other rights or remedies, either party may institute an
action of arbitration and collection of attorney's fees to remedy any
default, to enforce any covenant or agreement herein, or to enjoin any -
threatened or attempted violation. Any action initiating arbitration shall
follow the Commercial Arbitration Rules, American Arbitration Association.
E. This agreement shall be construed and enforced in accordance with the laws
of the State of California.
XVI. This Agreement shall bind and inure to the benefit of the parties, their
successors and assigns. Owner shall specifically have the right to sell, assign,
or transfer this Agreement with all its rights, title and interests therein to any
person, firm or corporation at any time during the term of this Agreement,
provided that the rights contained herein shall pertain only to the subject
property.
(Signature Page to be Attached)
jh2/modelagreement -
1
a - 3y
1 .._/ 1 C R
City O f San 1LUS OBISPO
,;� �Illlllllll�li�i��l,i►Glll;;"1'�
IIII►► INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION
Cit)rtdde APPLICATION NO. 71-88
PROJECT DESCRIPTION Amend Zoning Regulations to establish procedures and reouirements for
develolmlent agrreements, pursuant to Califox'nia Govemwnt Code Article 2.5, Section
Section 65864 et seg (City aTmlicaton # CR 1424)
APPLICANT City of San Luis Obispo
STAFF RECOMMENDATION:
X NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY • Jeff Hook Associate PLmme DATE �Zovember 29_t_ 1988
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: JIV
�1/ev� �ec1Q.r�l1.><ioi7
SUMMARY OF INITIAL STUDY FINDINGS
L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS .. None's
B. POPULATION DISTRIBUTION AND GROWTH......................................... None
C. LAND USE ..........................,....................................._....._..
Zone
D. TRANSPORTATION AND CIRCULATION ... *Zone
E. PUBLICSERVICES ................................................................
F. UTILITIES................_.................................._:....................
14Dne
G. NOISE LEVELS ?lone
H. GEOLOGICd SEISMIC HAZARDS BTOPOGRAPHIC MODIFICATIONS ..................... Bone
1. AIR QUALITY AND WIND CONDITIONS....................... .. *Zone
J. SURFACE WATER FLOW AND QUALITY............. ..., ?Ione -
K PLANT LIFE..................................._...................................
None
L ANIMALLIFE.....................................................................
*lone
M. ARCHAEOLOGICALIHISTORICAL None
N. AESTHETIC ..............._.........._............................................
*Ione
O. ENERGYIRESOURCEUSE "Zone
P. OTHER
III.STAFF RECOMMENDATION
•SEEATTACHEDREPORT
ER 71-88
f
Page 2
I. Description of Project and Environmental Setting
The California Government Code allows cities and counties to enter into development
agreements with anyone owning real property. A property owner in the proposed Southern
California Gas Company Annexation area (GP/R 1261) has submitted a draft development
agreement and requested that the city establish a review process for such agreements.
The proposed ordinance would amend the Zoning Regulations by establishing procedures and
requirements for development agreements.
The agreements must be reviewed annually to evaluate compliance with the agreement. The
city or county may terminate the agreement if it finds, on the basis of substantial,
evidence, a violation of agreement's terms. As a minimum, the agreement must address:
duration of agreement, land use or intensity, maximum.size and height of proposed
buildings, and dedications of land for public use. Other terms or conditions may be
added at the discretion of the city, provided that they do not frustrate the basic
purpose and intent of the agreement.
The development agreement is intended to 'bridge' the critical period between securing
development approvals and completing a project. and to provide a mechanism for securing
public improvements, dedications, and other public benefits in conjunction with large or
complex projects. Once approved, the development agreement would allow the project to
proceed to.completion under the regulations, policies, standards and conditions in effect -
at the time of project approval. The city could, however, deny or conditionally approve'
later development applications not covered by the original agreement. Furthermore, it
could apply new regulations to the approved project provided that they do not conflict
with the development agreement.
While the government code requires local agencies,to set procedures and requirements for
development agreements if requested to do so by an applicant, it does not require cities
or counties to use them. The city retains full authority to decide when, and under what
terms and conditions it will enter into a development agreement. If the local agency
does use development agreements, it must follow public notice and hearing procedures
applicable to other discretionary land use entitlements.
Development agreements would be used in conjunction with land use approvals like
annexations, planned development rezonings, and use permits. As proposed, development
agreements alone would not confer any development entitlement. Instead, they would
establish the terms and conditions under which developments could proceed once all
necessary approvals had been granted. They would spell out land uses, phasing schedules,
public improvements and dedications, and consequences of non-compliance.
II. Potential Impact Review
A. Community Plans and Goals
The proposed amendment is consistent with General Plan policies, and would not alter the
pattern of land use, or the rate or intensity of development. It is a procedural change
which increases certainty and confidence in the development process, and provides the
city with a new tool for securing necessary public improvements and dedications. J
Projects covered by development agreements would be subject to the same environmental
-3 Co
ER 7.1-88
Page 3
review, legal notice, and public hearing requirements as conventional development
projects. Consequently, no adverse environmental impacts are likely with the proposed
.fent amendment.
III. STAFF RECOMMENDATION: Negative Declaration
d
Attachments: Draft Ordinance; Draft Model Development Agreement; Ekerpt from California
Government Code.
/ r
-37
a
•
§ 65865
GOVEBNMEW CODE GOVEBNMEN'P CODE
Issued in eoq)onation with tentative s"Ad"
dm Netehb asafdeati AeLta.Ise.v:CIV of I.oa 486863.8. !Deal a ts
!Deem Park Mroeiate)(App. 2 Dist.l9am 227 eaapC coastal eb vdo Perms
26.482 CA]d 21.- the face of the permit,MY permit wbide is issued by a lax!
Unless an earlier expiration for a planned unit development shall expire no
Mon
agency m ocmft etkm with A tentative thereof,whichever occurs later.
sooner than the approved tentative map,or any
a loaf agency in. conjunction with a tentative
'�d!mdf t aJ 4 Local coastal development
par
shall�no sooner than the approved tentative
eeiviaes sndA Uftim tins it anbdivision map p�� with the applicable local coastal program,if
d d�7 m'erhiere eeedb,ether ehttn and any extension
srowlh it was pip=of ado any,which is in effect
anent pawn to seam!pias (�by gtan.19K e.9M PR
adlasms eetstins•eon. of reideedd
L Lee V.Ck)dMmmry (App 2 Dist.
ULevy 30% 173.. ARTICLE 2.6. DLWyMPIOM AGREEEMEM
w d
loo doe to!!ate sen. . .....H a Section t catered into riot o•
mem mitlatlie Foos Delmas lndmnr 65B6M Needy meMpaated city:?!�of development agreemen
Ce6�Laiy Ise. V. � d Cemefft ratites duratiou of va id MOMMOM of agreement; application
-W es.41 C.3d eta
anon; bapect'tepm to real. �ed' is Cee1o®a wham Patens
(19!4)4 Cd AWA M&12.p X
um�oaf Trt]e'>7�t Mt to closure L the
4 e�and dedarsdom
ohr7ehome. person or entity Thu Legislature"
and dedarea that
of the closure,or Visitationcertam the of development Projects an result in a weate ofinvestmentresources,
m
park or..closed.. in (s) The Lek cost
d'housi g and approval to the consumer,as discourage
o displaced mobdshome Park scalars the asst mitment�hoaemg g which would make maximnm efficient uti mtwn of
to rep housing-in,mob mePb
resourcesthe beat e�to the public.
1% 1to the applicant for a development project that.upon approvalof the project, the
ropy of the report to t of each (b) �6Otmy proceed with the project(o..accordance with existing Pot ,'eaka and regulations,
be hearing,if any,on.the repeat applicant may pranlo�• the pW&plaminfi proem,encourage Priem
r the legislative body. T �sab0ect wn in comprehensive.pjsmeg,and reduce the economic oosffi of development
ceasation of use, or entity but not limited t o new
a resident of m the c �eff �of o a acerous to m to
e.is residents pnra>mnt ma
IS are over tens
of ma the person.or entity (Aad by gtatNAMA.a 14%.p.. 4 1)
Lave a a hearing I , the
shall review the prior to any CsGfeeml da.rJopeeat aII®� BOC
:. the person or entity steps.to 9omtL.mem(CIL)L Bss'60(19M
motion of use on the ability displaced recoverycosts
lehome park. The steps to be 466866 AWMd�.Fooedarss.and of
axtioa t agreement with say,pesos
park results adjudication of (�it� and sin real�9 mayor the onau -_�°psscy as provided
or equitable mtaeest m real properly'
Luant to fiavter 13 with in this arwe 0.0
with a or is
coats m m enter into a a G acnesfor EE-e
rson or en4 in interest In In t not
In Wever
ifew antas e m sre con time
me annesahon IS, sot Dom
190, 4 June 25. 1986.) m e ur t La nspecified vo
reaolntion,or
Every sib comb or� and
g�� �f an �r;moment tare�eata
M
hanyna or' aeearltllldet Asterhba knSes s c1de"m by amande�1t
§ 6"65
IDon !kation b or on behalf of the GO� COD!
at 1°°�� Owner cr.other ya .
•! or
A may,county,or city and conn
deveelo tresokwo ° ++aaee to y�Pmeedum And lieanb the d reit costs Associated with
(Amended by State.19N, re9°lremenb for the conaideratioa of
9N, e.751,p. 0 1; State.Lggg�¢.857, ¢ L')
!� 86868= Coatmd .
�. A t :.
Property. the deoaityagreement s�Vern the duration of the
Provisions for tee .aintensity Of�. the maximum hei andfit'the Permitted
am of the
may and d c condituws, �, n of land for public pn�Poa Size
of Proposed bwl b4M And
Provided that each b�odm, and requbementa for The development agreement
sedans shall not Prey®cont ons, terms. restriction, sad item e t d1°cdevelopmenjrebonary actions
set forth m met L the hmd for the 710 uaaa a� aubsegaent dia��
wed t a a and that the Weementpro n phaProvideft, of wasawdon wall be
Theent ma also include terms sad a
t conditions.
nreement over torte fntanc(n of
i by Stftwj .t 148,p y)
0 66886.1. Newly lucarPOrated
dmsdl n of T doPmmt a eatertd
�atlon of" huo pdor to
agrt
`! Ing anyother s O PLLovuled in sabwly inacrperateddi rwan N),Sectio �Plkati°n of
air
sayt abaH retnaia twialluthe '�.by tany he o � f �II0 04and
e:
eight years tlrri effective d mcorPorated Prior to thecity far eve"of th�
C a Ilj w agreement and the °ratisa 0n of the
Mrs remain �d for nau+e than t�Ppr RW dq may m�the The holder Of�
the.aew te�eff ve date of thom" e- yam' Provided that the pw;odwent agreement
the p"M-y the same .fights amend'hokler Of the shall not exceed
_ obligations withagreement and
(b) T newly tted territory of the respect to each other as d
�y suby.
Agreement -the cite rminesthat the f i modify �suaPend poovi
(cam to their healtf developmenty.�Agrboth. t-or the residents of to ft or the reside
wept as o both, in a conn
agreement which t of the in snbdiviaion (d), this section
li) The aPPl+dtioa for the following requirements APPbea to any development
greement is submitted
the reast the
solatbn Paeeaaat t0 Petition r meor potion Poreasto the ,toCountPrbr t0 the date
(� Tham
e county eaters�� ction 'weever occurs firet:�SDn 66701 or thethe Adoption of
q( SFWa agre!emcnt with the applicant prior to the date of the election on the
dam not
territory and
the
(Added 0 857, apply � date of the rPoration is Pdor to Jan th.
by StatL1 ) eary if
January 1, 1987,
tees moa
♦at Shta19t6,a es7,pepridm sue a <.
Qe`Qaemt Code the to ioA ted�� eemaped n an m a°At7
6Sa65SJ orOeOrY oo the a PVP*re tine h7'
` �t m.
Periodto of thus
�h' ftmskother
t I u 1 0069 or i0�qq by a wxb Nrtt .�
..
ME
GOVERNMENT CODS G.OVERNM M:CODE §15871
We havtaa a le¢al or eauihrble 4 66866.4. Enforxment
the digit sets associat,d with Unless amended or-canceled pursuant.to Section 86888, or-modified or ane ended��arsaan��t'to
cmenL for the coasidorstion•of Section 651369 b and extent as otherwise tyro 244 in anbdiviaion o ecbon Gbm&aa adevelopment
ageetonmtbe enforceable by any Party thereto notwItlistanding any change.so any-applicable
general or Ifecific Plan,•zoning; subdivision,or building regulation adopted by the city, county,-or
city and co"renteemg the agreement,vbkh attars or ameada the roles, reguiatianal"itPolicies
specified in Section 65SM7_
(Amended by Ststs.1986,e.857, 4 3)
mat the Pamitted
u uses of the 4 66887. Public hearing; notloe of Intention to eanslder'adoption
and
The development agreement t AA publie•.hearing on.an application for a development agreement shall,be-hold by
mquent awry actions, agency and by-the legislative:body.•:.Notice of intention to consider adoption,of a
is want *Iagleementshall-be given as provided to 55 anm Section 6d 65091 addition to an other notes t.!� P
br
o the density or&bMz .,et required by law for other actions to be =ddee�mxnrren—'b+with the development agreement.
Is that eonsteoetion amp.be (Amended byStata.L984,e,1009,p.;•4 26a
hereof be'oompisted within a
19">
haatfmiticmv of neaea� L Wimcdadni to Stual9at.a 1009.m nate
nada FA—C_4 39001,,
Rent,entered bete pries.
ot section
165870. Adoption of
K 6587E tkra5oq 'eSeci7 ala; enfineement.;
&tion 66869,5`aotaiUa 65873 Eecording; tents; effect
sa
stove date offormerly.unincerporated65875.6W4. Release of procedure; hearing; fees.
&tion of the tiereement, or 8
Article t7 by Stafa.I985, a 9K p.
Period shag not exceed 15 4 Bt1870. Adoption of ordinance
t amt Any cdy or�may adopt an ordinance for the of twveaa�Pursuant t Dd&article
mpeet.to each other a 3f
(Added by-State 1986,a•996.P•
W=' Of the development
the
Place the reams of the 4 6 fi87L Creation; Purposes: effect; t ontents; tut
f ,.
IN or both, in a condition (a) In addition to any other method f n of an
• easement,an easement maybe created
Pmsaant to an ordnance adopted ' enting this article, by a recorded-covenant of easement
dies to any developaeset made by an owner of real to the city or county. An easement created pursuant to this
article may be for parldog, ' agrees,emergency access, light and air some, landscaping;or
to the data that the first cPan•aPaa Purposes.
58704 or the adoption of (b) At the time of the covenant of easement, all the real property benefited or
burdened by the covenant&hail ' common ownership. The covenant aha1J be effective.when
ate of the el recorded and shall setas an easement t to Chapter 3(commeencmg with Section 801)of T3tie 2
action on the of Past 2 of Division 2 of the Civil Code, t it shall not merge into any other interest in the
real property. Section 1104 of the Civil Code applicable to conveyance of the affected real
igreement if that propel' ,
nor f4 January 1, 1987. (c) A covenant of easement recorded Pnrsnant.to section shall describe the real property to be
subject to the easement and the real benefited thereby. The covenant of easement
shall also identity the approval,, tion granted which relied
covenant upon orrequired the
dwa crmdu valid m a newly
M an imiooao by (d) A covenant executed pennant to shall be enforceable by the successors in interest
"c'Frum damdm of otbw to the real property benefited by the
(Added by Stats.1985,c. 996,p.—, 4 1.)
troona try anlaetlrnerit Attar • . . daNtiona by arrtartdcrtattt
11
a- yo
k(805)
ROGOWAY, AICP
NINGSERVICE
orro Avenue,Suitc B
Bay,CA 9,3442
772.5400
July 7 , 1987
City of San Luis Obispo
Planning Commission
City Hall
San Luis Obispo, California
Subject : Broad Street Annexation
Members of the Commission:
The 2053 Parternership is the owner of Lot 92 of the San Luis
Obispo Suburban Tract on Broad Street , one lot among several cur-
rently proposed for annexation to the City of San Luis Obispo, We
have been carefully following the meeting and staff activity re-
lated to the annexation proposal. Although we have not expressed
a. public opinion about the annexation to this point, our interests
Are directed to the most advartageous jurisdictional position for
purposes of future development . Now that your staff has made s
recommendation about possible zoning, it is our desire to express
our reaction to the staff report and submit our. proposal to you.
The property has historically been used for agricultural pur-
poses and of late it has deteriorated with unused structures and
mixed land uses. Property around us has developed and in some in-
stances the land use pattern has been set-. Such is the case for
the Williams Bros . property.
Since the studies now underway in the area have opened dis-
cussionof future land use and zoning, we have given extensive
thought to the possible land uses of the property. We have con-
cluded we now have a good opportunity to make constructive and
useful development for us and the economic well being of the City.
But we are convinced the current prezoning proposal made by staff
will not result in that useful development . The City has become
overzoned with commercialservice land and too much lies dormant
ana wanting. We don' t want to find ourselves in that fix.
It has been our intent and purpose for quite some time to
coordinate with and finish out the development of the Williams
Bros center. The South side of the city needs it. Plans like
the exhibit enclosed have been in the works for several years and
although the plan is one of several, it is typical of our devel-
opment direction. As you can see, it proposes to continue the
center onto our property and completes the shopping center in
an organized and planned layout.
Araad Street annL A _ r July 7, 1987
We would hope your Commission will zone the property to allow
us to do that . It would therefore be our request and proposal to
prezone lot 92 the same as the Williams Bros . property or CS-PD
and not CS-S as proposed by staff. The PD overlay opens the land
uses to allow commercial expansion of the shopping center. The CS-S
district restricts the development of the property to an array of
land uses too narrow for successful shopping center development .
We felt we can work with the staff and the developers of the
Williams Bros . center to coordinate and consolidate parking, access ,
and businesF:es that will enhance the overall complex and at the same
time provide a more comprehensive service to the south side of San
Luis Obispo. We are will to work out acceptable driveway approaches
to Broad Street .
More importantly, we would like to negotiate a preannexation
development agreement with the City so that both the City and the
developer are satisfied the project will enhance the economic and
land use patterns. We know we need City services and we stand
ready to contribute our share to upgrade those services . We can
generate a water supply from our wells that can be incorporated
into the infrastructure. Our lot passes through to Sacramento Drive
and we expect to develop appropriate uses and public improvements
there as well.
We need the proper zoning to do this and we concluded the CS-PD
zone will accomplish our development goals . Therefore, we res-
pectfully request your Commission change the fecommendation before
sending the matter to the Council for final action. If you do
decide to accept our proposal and change the prezone to CS-PD we
would support the annexation. On the other hand, , it would be our
position to oppose the annexation should your Commission recommend
the CS-S to the Council.
Respectfully Submitted,
Ned Rogo AICP
for 20 3 Par rship.
J