Loading...
HomeMy WebLinkAbout06/07/2011, C5 - PRE-ANNEXATION AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO TO ALLOW ENTITLEMENTS I council j agenda RepoRt ,u.N..b�� CITY O F SAN LUIS O B I S P O FROM: John Mandeville, Community Development Director Prepared By: Kim Murry, Deputy Director, Long Range Planning SUBJECT: PRE-ANNEXATION AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO TO ALLOW ENTITLEMENTS IN PROCESS IN THE ORCUTT AREA TO BE COMPLETED BY THE COUNTY RECOMMENDATION Authorize the City Manager to sign the attached pre-annexation agreement on behalf of the City. DISCUSSION The Council authorized staff to initiate a City-sponsored annexation request for the Orcutt Area Specific Plan (OASP) in September 2010, The Local Agency"Formation Commission (LAFCO) approved the City's request on April 21 st subject to three conditions that must be satisfied prior to recording the certificate of completion to finalize the annexation: 1. The perpetual open space easement for Righetti Hill and the Righetti Ranch home site open space shown in the OASP must be recorded. 2. An agreement must be signed between the City and the County that allows the County to complete all outstanding permits filed with the County within the annexation area including building and planning permits. 3. Revised legal descriptions and map revisions must be submitted to the County Surveyor for approval. Staff is working with the property owners on the corner of Orcutt and Tank Farm Roads to complete the first item. The County Public Works Department has offered to assist with the updated legal descriptions and map required in the third item. The second item—the agreement between City and County—is the subject of this report. During the annexation process, staff was made aware of three building permits and a lot line adjustment application in process on a property within the annexation .area. The Cortese- Hertzberg-Knox Act which governs annexations requires an annexing jurisdiction to recognize building permits that have been issued in the area to be annexed, but doesn't specify how those permits are to be finalized. In this case, LAFCO's action directed the County to be the agency which completes the inspections and final sign-off for the building permits for several reasons: Inspection fees have been paid to the County as part of the fees due at permits issuance, and the County will be most familiar with the projects and can Verify that conditions have been met prior to final inspection and occupancy. There is also an approved lot line adjustment entitlement that C5-1 / C City-County Pre-Annexation Agreement �J/ Page 2 has been issued on the same property.. While the Cortese-Hertzberg-Knox Act does not specifically address other entitlements in the same way it does building permits, it is appropriate for the County to complete the finalization of the lot line adjustment. Having the same jurisdiction complete the approved entitlement will ensure that conditions of approval are consistently applied and that potential confusion or differing interpretations associated with a "hand off' to the City doesn't occur. City staff has reviewed the issued building permits and approved lot line adjustment and have determined that the permits are consistent with the development envisioned in the GASP. The attached agreement documents the understanding that the County will complete these issued building permits and approved entitlement and extends that agreement to issued permits in process that may surface. While the County has searched the permit database and can only find the permits specifically called out in the agreement, LAFCO Counsel wanted to ensure that if other permits come to light, they will be treated similarly. FISCAL IMPACT There are no fiscal impacts associated with the agreement. County staff will be responsible for finalizing the permits in process and has collected the associated fees to cover costs. All future permits in the annexed area will be processed through the City and will be subject to all applicable City fees and processes. ALTERNATIVE The Council may direct changes be made to the agreement. Specific direction will be required. This alternative is not recommended because the agreement was carefully crafted and endorsed by the City Attorney, County Counsel and LAFCO Counsel. Any changes will need to be approved by the same parties and will "require return on a future Council and Board of Supervisors' agenda for final action. This will delay the recordation of the annexation. ATTACHMENTS: 1. LAFCO Action 2. Pre-annexation Agreement TACommunity Development\CARS\City-County6-7-1 Ldoc C5-2 �N c Attachment 1 LAFCO - San Luis Obispo - Local Agency Formation Commission gSLO LAFCO- Serving the Area of San Luis Obispo County sy �� oslsao�° COMMISSIONERS May 19, 2011 RICHARDRoeEms Kim Murry, Deputy Director, Long Range Planning Chair,Public Member City of San Luis Obispo, Community Development 919 Palm Street BRUCE GlaSan Luis Obispo CA 93401 Vice Chairir,, County Member Subject: City of San Luis Obispo Annexation #79-0rcutt Area MURIL Curr Special District Member Dear Ms. Murry: ED Eff On April 21, 2011, LAFCO conditional) approved the Orcutt Annexation to Special District Member P y PP the City of San Luis Obispo. The final minutes from that meeting are JAMES R.PATfERsoN attached and include the conditions of approval. The City is in the process County Member of complying with the conditions. Upon fulfilling the conditions of approval LAFCo will file a Certification of Completion with the County Clerk and City Meembermber DUANE submit it to the State Board of Equalization to final the annexation. 1m VARDAs If you have any questions please give me a call at 788-2096. City Member ALTER"" Sincerely, City Member k)cs FRANK R. MECHAm David Church, AICP County Member LAFCO Executive Officer Tom MURRAY Public Member VACANT Special District Member SrA� DAVID CHURCH Executive Officer RAYMOND A.NEAING Legal Counsel MIRE PRATER Analyst DONNA J.BLOYD Commission Clerk 1042 Pacific Street, Suite A • San Luis Obispo, California 93401 Tel: 805.781.5795 Fax: 805.788.2072 www.slolafco.com C5-3 Attachment 1 no SAN LUIS OBISPO LOCAL AGENCY FORMATION COMMISSION MEETING MINUTES FOR APRIL 21, 2011 Call to Order: The San Luis Obispo Local Agency Formation Commission meeting was called to order at 9:00 a.m. on Thursday, April 21, 2011 in the Board of Supervisors Chambers atthe County Government Center in San Luis Obispo, California by Chairman Richard Roberts. Roll Call: Present: Chairman Roberts, Vice Chairman Gibson, Commissioners Muril Clift, Ed Eby, James R. Patterson, Duane Picanco, and Alternate Commissioner Roberta Fonzi Absent: Commissioner Kris Vardas, and Alternate Commissioners Franck.Mecham and Tom Murray. Staff: David Church, LAFCO Executive Officer, Raymond A. Biering, LAFCO Legal Counsel, Mike Prater, LAFCO Analyst, Donna J. Bloyd, LAFCO Commission Clerk. Pledge of Allegiance: Led by Commissioner Picanco Approval of Minutes: Motion was made, seconded and passed, to approve the minutes of March 17, 2011 with corrections. Non-Agenda.Public Comments: None Consent Agenda: Item A-1: Submittal of Third Quarter Fiscal Year 2010-2011 LAFCO Budget Status Report Motion was made by Vice Chairman.Gibson to.receive and file the Consent Agenda. Commissioner Muril Clift seconded the motion. The motion passed unanimously with a voice vote. C5-4 LAFCO Commission Meeting April, 2011 Attachment 1 Reaular Matters: Item B-1: LAFCO File No. 4-R-10, Annexation No. 79 to the.City of San Luis Obispo (Orcutt Area Specific Plan). A 231-acre annexation to implement the City's approved Specific Plan and certified Environmental Impact Report This item was introduced by LAFCO Executive Office, David Church, LAFCO Analyst Mike Prater provided a PowerPoint presentation. Mt. Church stated that the City of San Luis Obispo ("City"), by Resolution of Application, had presented LAFCO with the application for annexation of the subject property. The property consists of 21 parcels with 13 owners. The property is inhabited (12 or more registered voters). Mr. Church stated that the purpose of the annexation is to implement the City's Specific Plan, encourage orderly growth and development and allow the area to received City services. The area is already within the City's Sphere of Influence, which was updated in 2006. The property tax agreement has been approved. Mr. Church stated that the City was prepared to serve future growth and development and carefully manages its resources and is planning for future development. Mr. Prater discussed the map of the area describing which portions of the area are in agriculture or residential or are planned to be left as open space in perpetuity. Mr. Church discussed the Condition of Approval regarding open space on the property. He stated that the City's Specific Plan calls for the preservation of open space (approximately 79 acres) to be dedicated to the City and preserved as natural Open Space with public access. Mr. Church also stated that another Condition of Approval required that a conservation easement be recorded on the Righetti Hill and Ranch Home site. Mr. Church added that the City has an adequate, reliable, sustainable water supply and that the sewer capacity is adequate. The City provides police and fire response to the area as needed in its First Responder role and also provides other services such as Parks & Recreation, solid waste and roads. Mr. Church stated that the City has prepared adequate CEQA documents and that LAFCO is acting as the Responsible Agency for the project. Mike Codrun, Assistant City Manager, City of San Luis Obispo, stated that the City will prepare the Open Space element in the Specific Plan to include grazing and other uses. Mr. Church summarized the project stating that the City had completed a comprehensive planning process including CEQA. The annexation is a logical and orderly extension of the City's boundaries. The annexation is consistent with LAFCO policies and procedures. Commissioner Patterson had questions about the open space. Page 2 C5-5 LAFCO Commission Meeting April, 2011 Attachment 1 Mr. Church responded to his questions. Mike Codrun, Assistant City Manager, City of San Luis Obispo also responded to Commissioner Patterson's questions. Vice Chairman Gibson directed questions to the City representatives regarding open space and property rights. Kim Murry, City of San Luis Obispo Planning Director responded to Vice Chairman Gibson's questions. Commissioner Eby had questions about the Conditions of Approval. Mr. Church responded to those questions. Alternate Commissioner Fonzi had questions about the tax agreement. . Mike Codrun, Assistant City Manager, City of San Luis Obispo answered those questions. Chairman Roberts had questions about the terms of the Conditions of Approval. Mr. Church responded to those questions, Kim Murry, City of San Luis Obispo Planning Director, summarized the project stating that it had was the culmination of years of hard work begun in 1977. The project has been in the planning stage for 14 years. They City had met with property owners and other interested parties over the course of the years. She added that the project was comprehensive and complete. Public Comment: Ms. Jeanne Helphenstine, 1404 Boxwood Court, San Luis Obispo, CA, stated that she had worked on the project with the City for many years and was in favor of the annexation. Mr. Eric Greening, 7365 Valle Avenue, Atascadero, CA stated that he was glad to see mass transit for the area along with a jobs-housing balance. Mr. John Evans, 1050 Southwood Drive, San Luis Obispo, CA, Cannon Corporation. Mr. Evans worked with four of the area's property owners on the project over the years. He stated that he and the owners were in favor of the annexation. Ms. Julia Jones, 3765 Orcutt Road, San Luis Obispo, CA stated that she was in favor of the annexation. Commissioner Patterson had questions about the letter to the Commission from Mr. Evans. Mr. Church answered those questions. Vice Chairman Gibson had questions about road rights-of-way. Mr. Church responded to those questions. Pages C5-6 LAFCO Commission Meeting April, 2011 Attachment 1 Vice Chairman Gibson complimented the City staff, County staff, and property owners for their hard work and cooperation on this project. Motion was made by Vice Chairman Gibson to approve the annexation with the following conditions: 1. Prior to filing the Certificate of Completion with the State Board of Equalization the proponent shall submit to LAFCO documentation of Righetti Hill property (Righetti Hill Open Space dedication and Righetti Ranch Home Site Open Space) as provided in Figure 2.4 of the Orcutt.Area Specific Plan. The open space easement shall be reviewed and approved by the Executive Officer and LAFCO Counsel. 2. Prior to filing the Certificate of Completion with the State Board of Equalization the proponent shall submit an agreement between the County and the City that allows the County to complete all outstanding permits filed with the County within the annexation area including building and planning permits. The agreement shall be reviewed and approved by the Executive Office and LAFCO Counsel. 3. Prior to filing the Certificate of Completion with the State Board of Equalization the proponent shall submit revised legal descriptionsand map revisions to be reviewed and approved by the County Surveyor. Commissioner Patterson seconded the motion. AYES: Vice Chairman Gibson, Commissioners Patterson, Clift, Eby, Alternate Commissioner Fonzi, Commissioner Picanco, and Chairman Roberts NOES: None ABSTAIN: None The motion carried with a unanimous roll call vote. Special Matters: Item C-1: Status Report Regarding the Sphere of Influence Update and Municipal Service Review for the City of Pismo Beach Mr. Church spoke briefly about this item. There were no questions or comments from the Commissioners or members of the public. Item C-2: Status Report Regarding LAFCO Funding and Work Program from the Council of Governments' Sustainable Communities Strategic Grant Mr. Church spoke about this item stating that LAFCO staff had been working with staff at San Page 4 C5-7 LAFCO Commission Meeting April, 2011 Attachment 1 Luis Obispo Council of Governments ("SLOCOG") on a grant from the Sustainable.Growth Council. He stated that LAFCO would positively receive a grant in FY 2011-2012 but that the amount of the grant was not determined at this time. Chairman Roberts asked if the grant would cover the.GIS software. Mr. Church stated that it would not. The grant monies were to be used to complete the inventories of the County jurisdictions and Municipal Service reviews. Alternate Commissioner Fonzi had questions about whether the inventories would be available to cities. Mr. Church responded in the affirmative. Public Comments: None Item C-3: Public Hearing to consider the Proposed Fiscal Year 2011-2012 LAFCO Budget Mr. Church introduced this item and a PowerPoint presentation was provided. Mr. Church stated that last year LAFCO had achieved at 15% decrease in total expenses and charges to agencies. Mr. Church stated that revenues are anticipated to increase by 51%. He added that this year overall expenses are increasing by 1.6%. Mr. Church also stated that an expected grant from the San Luis Obispo Council of Governments ("SLOCOG") is expected to bring in$5,000.00. There was discussion among the Commissioners and LAFCO staff about the proposed reduction of charges to agencies. Public Comments: None Motion was made by Commissioner Patterson to approve the proposed Fiscal Year 2011-2012 LAFCO Budget. Vice Chairman Gibson seconded the motion. AYES: Commissioner Patterson, Vice Chairman Gibson, Commissioners Clift, Eby, Alternate Commissioner Fonzi and Commissioner Picanco NOES: Chairman Roberts ABSTAIN: None Page 5 C5-8 �LAFCO Commission Meeting April, 2011 Attachment 1 The motion carried with a unanimous roll call vote. Commissioner Comments: None Legal Counsel Comments: Mr. Biering stated that at the last LAFCO meeting on March 17, 2011 the Commission determined that it would amend Mr. Church's contract by offering a salary increase commensurate with cost of living increases. Mr. Biering stated that he had prepared the new contract for Chairman Roberts' signature. Executive Officer Comments: Mr. Church gave a brief report on the 2011 Annual CALAFCO Staff Workshop. The workshop took place in Ventura, CA on April 6-8. Adiournment: With no further business before the Commission, the meeting adjourned at 10:04 a.m. until the next meeting of the Commission in the Board of Supervisors Chambers at the County Government Center in San Luis Obispo. THESE MINUTES ARE NOT OFFICIAL NOR ARE THEY A PERMANENT PART OF THE RECORD UNTIL THEY ARE APPROVED BY LAFCO COMMISSIONERS AT THE NEXT REGULAR MEETING. Respectfully submitted, Donna J. Bloyd, LAFCO Commission Clerk Page 6 C5-9 Attachment 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401-3249 PRE-ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO This pre-annexation agreement is made and entered into this day of 2011, by and between the City of San Luis Obispo, a chartered municipal corporation, (hereinafter referred to as CITY) whose address is 990 Palm Street, San Luis Obispo, California 93401; and the County of San Luis Obispo, a political subdivision of the State of California, whose address is County Government Center, San Luis Obispo, California 93408 (hereinafter referred to as COUNTY), pursuant to the authority of the City Charter and Section 56000, et seq., of the California Government Code. CITY and COUNTY shall hereinafter be referred to collectively as PARTIES. RECITALS WHEREAS, a property owner located within the Orcutt Area Specific Plan has several building permit applications and a lot line adjustment applications in process under the jurisdiction of the COUNTY on property in the County of San Luis Obispo, commonly known as 3735 and 3731 Orcutt Road, APN #s 076-481-017 and 076-481-016, further described in the attached Exhibit A and referred to herein as the"subject property"; and WHEREAS, the subject property is proposed for annexation to the City of San Luis Obispo (LAFCO File No. 4-R-10: Annexation No. 79 to the City of San Luis Obispo) ("Annexation"); and WHEREAS, on April 21, 2011, the LAFCO Commission endorsed the Annexation subject to the condition that pending permit applications for the subject property be allowed to continue to completion under the jurisdiction through which they were applied for; and WHEREAS, the applicant has paid fees to the COUNTY and the COUNTY has applied conditions to the issued and approved applications which would be most efficiently implemented by the COUNTY; and WHEREAS, the applications are consistent with the Orcutt Area Specific Plan and adopted pre- zoning which will become effective upon annexation; NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, PARTIES agree as follows: C5-10 Attachment t2 1. BUILDING PERMITS. COUNTY shall continue to process all building permit applications for building, grading and encroachment permits that were issued for the subject property prior to April 21, 2011 and are not yet completed. These include PMT 2010-01615 for a Garage/Workshop; PMT 2010-00696 for removal of a Mobile Home; and PMT 2010-00682 for a replacement single family dwelling. COUNTY will not approve changes to issued building permits unless CITY finds the changes to be minor and consistent with CITY standards. If any other building permits, land use permit applications or land division applications approved by the County prior to April 21, 2011 are discovered that are not explicitly listed in this agreement, the agreement shall apply to such permits and/or approved applications. 2. LOT LINE ADJUSTMENT. COUNTY shall continue to process the approved lot line adjustment (SUB 2010-00052) through condition compliance and final recordation by whatever means COUNTY determines (certificates of compliance or parcel map) is appropriate. COUNTY will not approve changes to the approved lot line adjustment unless CITY finds the changes to be minor and consistent with CITY standards. 3. COMPLIANCE WITH CITY STANDARDS. Once annexed, the subject property will be subject to CITY regulations and any further applications for permits and/or entitlements will need to be submitted to the CITY for review and approval. 4. TERM OF AGREEMENT. The term of this agreement shall begin upon the effective date of the Annexation. The agreement shall remain in effect until all pending permits and the lot line adjustment are completed or until modified or terminated by mutual consent of the PARTIES. In the event the Annexation shall not become effective for any reason whatsoever, this agreement shall terminate and have no force and effect, as if it had never been entered into by the PARTIES. 5. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with the County Recorder and shall bind and inure to the benefit of the successors, heirs, assigns, and personal representatives of the PARTIES. 6. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This agreement may be amended, extended, or canceled at any time by mutual consent of the PARTIES or their successors in interest. 7. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The effective date shall be the date of the last signature executed. IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis Obispo, California. 5/17/2011 C5-11 Attachment 2 ALL SIGNATURES MUST BE NOTARIZED COUNTY OF SAN LUIS OBISPO BY: Date: Chairperson of the Board of Supervisors ATTEST: County Clerk and Ex-Officio Clerk Board of Supervisors, County of San Luis Obispo CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation BY: Date: Katie Lichtig, City Manager ATTEST: City Clerk Elaina Cano APPROVED AS TO FORM: rty Attorney Christine Dietrick County Counsel 5/17/2011 C5-12