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HomeMy WebLinkAbout06/07/2011, PH 3 - APPROVAL OF A LOT LINE ADJUSTMENT BETWEEN TWO LOTS (CITY APN 053-412-008 AND COUNTY DOC. NO. 2009-4 council MK„K aGEnba nepont C I T Y OF SAN L U IS O B I S P O FROM: John Mandeville, Community Development Director Prepared By: James David, Assistant Planner SUBJECT: APPROVAL OF A LOT LINE ADJUSTMENT BETWEEN TWO LOTS (CITY APN 053-412-008 AND COUNTY DOC. NO. 2009-43146) AND ANNEXATION OF A PORTION OF 1146 FARMHOUSE LANE (ANNX/LLA/ER 117-10). RECOMMENDATION As recommended by the Planning Commission, adopt a resolution approving a lot line adjustment between two lots (one in the City and one in the County),.and approving a concurrent annexation request and Negative Declaration of environmental impact. REPORT-IN-BRIEF The Planning Commission (PC) has recommended that the City Council approve a lot line adjustment between two lots (one in the City and one in the County), and approve a concurrent annexation request and Negative Declaration of environmental effect. The 0.76 acre piece of land to be annexed is in the Airport Area, and is designated Services and Manufacturing on the General Plan Land Use Map. It is in the City's .Urban Reserve and within the Sphere of Influence. Annexation of this land is consistent with the Airport Area Specific Plan, and General Plan policy that states "the City intends to actively pursue annexation of the Airport Area." The applicant's stated purpose is to improve access to the vacant parcel in the City(4600 Broad). It is a triangle piece of property that fronts on Broad Street, with limited frontage on Farmhouse Lane. Access is restricted on this section of Broad Street because of high volume and speeds of vehicle traffic, and the existing frontage on Farmhouse Lane is not adequate for access due to proximity to the intersection. The lot line adjustment increases the frontage on Farmhouse Lane to allow for safer access, thereby enhancing the development potential of the City parcel. DISCUSSION Background The applicant, Fred Glick, would like to reconfigure the lot lines between two parcels (one in the City and one in the County) to improve access to the vacant City parcel, which will enhance development potential (Attachment 1, Vicinity Map). The lot line adjustment application is concurrent with a request for annexation of a portion of the County lot to be adjusted, which requires environmental review. PH3-1 J I I � ANNX 117-10 (4600 Broad) Page 2 Advisory Body Recommendation At its public hearing held April 13, 2011, the PC voted 6-0 to recommend the City Council approve the annexation request based on finding that the annexation is consistent with the General Plan Land Use Map, Airport Area Specific Plan (RASP), and within the Sphere of Influence and City's Urban Reserve (Attachment 7, PC Minutes, April 13, 2011). The PC also found that the proposed lot line adjustment is consistent with the City's Zoning Regulations and Building Code, and complies with the City's Subdivision Regulations and the State Subdivision Map Act. Property Description Address: 4600 Broad (City), 1146 Farmhouse (County) Property Owner/Applicant: Fred Glick Applicant's Representative: Cindy Chambers, Wallace Group Zoning: Service Commercial (C-S), Edna-Islay Specific Plan, Airport Area Specific Plan General Plan: Services &Manufacturing Environmental Status: An initial study was prepared and a negative declaration of environmental impact is proposed. Site Description The 1.32 acre parcel in the City is vacant commercial land. It is a triangle piece of non-native grassland that is at the intersection of Broad Street and Farmhouse Lane. The adjacent 2.80 acre parcel in the County fronts on Farmhouse Lane and is part of an approved development project with three commercial buildings under construction. A 0.76 acre piece of this parcel is proposed for annexation. The entire site is in the City's Urban Reserve and Sphere of Influence, and has been prezoned Service-Commercial per the AASP. There is an industrial office park to the northwest occupied by a towing company, tour bus operator, and various construction material wholesalers and installers. The San Luis Obispo County Airport to the west across Broad Street (State Hwy 227), and additional vacant parcels to the southeast across Farmhouse lane are all outside of the City limits. Project Description The project is a lot line adjustment between two adjacent parcels that will reconfigure one lot to accommodate a better site design for future development. Lot I is 2.80 acres and is in San Luis Obispo County, and Lot 2 is 1.30 acres and lies within the City of San Luis Obispo. The lot line adjustment application is concurrent with a request for annexation of a portion of Lot 1 (0.76 acres) into the City, such that the adjusted line will become the new City-County boundary. The stated purpose is to improve site access for Lot 2 (Attachment 2, Project Description). Access to Lot 2 is restricted from Broad Street (State Hwy 227), and it is difficult to establish conforming access from the small portion of the site that fronts on Farmhouse Lane given its proximity to the Broad Street intersection. Adjusting the lot line and City boundary will increase PH3-2 ANNX 117-10 (4600 Broad) Page 3 ./Existing City boundary Proposed City boundary � • i .,b LO"r.:. Lot 2 Lot 1 the size of Lot 2 to 2.06 acres, and increase the frontage on Farmhouse Lane allowing easier safer access. The applicant has a conceptual development plan for Lot 2 that proposes a 28,000 square foot two-story commercial building with 67 parking spaces (Attachment 5, Conceptual Development Plan). Access would be via a shared driveway between Lot I and Lot 2. Lot 2 will be served by City water and sewer services (Attachment 6, Will Serve Letters). Lot 1 is part of a larger development plan approved in the County for three commercial buildings on a ten-acre site (County File #D000336D). The entitlement permits up to 180,000 square feet of Commercial Services uses. The project received a mitigated negative declaration of environmental impact. Lot I will remain in the County's jurisdiction, and be served by Fiero Lane Water Company. Annexation Annexation of this land is consistent with the General Plan, which says that "the City intends to actively pursue annexation of the Airport Area". Annexation of this property has been anticipated since the adoption of the AASP in August 2005. The parcel was not included in Phase 1 of the Airport Area Annexation that occurred in 2008. The annexation of this property continues a reasonable pattern of development that will allow for the extension of City services along Broad Street. Development of the existing parcel in the City is hindered due to access restrictions, and the annexation will enable future development by adding Farmhouse Lane frontage suitable for safe access to the site. If the City approves the annexation, negative declaration and lot line adjustment, the Local Agency Formation Commission(LAFCO) will initiate action on the annexation. No General Plan amendment or zone change is necessary since the land proposed to be annexed was prezoned Service-Commercial per the AASP, and is designated Services and Manufacturing on the General Plan Land Use Map. Portions of the Airport Area that are not within the City limits became eligible for annexation once the AASP was adopted. As a general rule, the City prefers to annex larger areas with proposed development all at-once PH3-3 ANNX 117-10 (4600 Broad) Page 4 instead of piecemeal annexation. The entire ten-acre site in the County is within the AASP and Urban Reserve. The applicant's representative,has indicated that the property owner is not interested in annexation of the whole ten-acre site at this time because he has already obtained permits in the County and has no need for City utilities since the project will be served by Fiero Lane Water Company. The City's Public Works Division supports the annexation application as submitted because private (Fiero District) utilities have been installed in Farmhouse Lane (private) to serve the County properties within Tract 2368. The proposed annexed property will be served by City utilities originating from the Broad Street frontage. To avoid permit-related confusion associated with City required permits for utility work within Farmhouse Lane that would serve non-city properties, Public Works recommends that Farmhouse Lane not be included in the annexation consistent with the recommendation by County Engineering and as shown on the proposed annexation boundary map. The General Plan states that "the City will annex the [Airport] area and accommodate incremental development consistent with the growth management policies" (LUE 7.12). Staff supports the proposed incremental annexation because it improves development potential of a constrained City parcel, and it meets annexation criteria stated in Land Use Element (LUE) Policies 1.12.3.A and 7.3: 1. The property is contiguous to the existing city limits; and 2. The property is within the existing Urban Reserve Line; and 3. The property is located near to existing infrastructure; and 4. Existing infrastructure capacity is available to serve the proposed development; and 5. The conceptual development plan is consistent with the AASP and. City development standards. Environmental Review An initial study was completed resulting in a Negative Declaration of environmental impact for the proposed annexation (Council Reading File 1, Initial Study). In general, the land to be annexed is too small to be considered important farmland, and lacks biological, cultural or mineral resources. Annexation of the land will enable development of Services and Manufacturing uses that are consistent with the AASP and eventual development will need to comply with applicable City standards. The project was routed to City Departments for review and comments, and all reviewing departments have indicated their ability to serve the additional 0.76 acres included in the annexation proposal. Lot Line Adjustment The Subdivision Map Act limits a local agency's review of a lot line adjustment to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the General Plan, local zoning and building ordinances. Specifically, a local agency cannot impose conditions or exactions on its approval of a lot line adjustment except to conform to the PH3-4 ANNX 117-10 (4600 Broad) Page 5 General Plan, local zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure or easements. The proposed lot line adjustment will not result in a greater number of parcels than originally existed, which is consistent with the State Subdivision Map Act and the City's Subdivision Regulations. The 1.32 acre parcel in the City (Lot 2) will continue to meet all of the subdivision standards and zoning requirements for the C-S zone with the addition of the 0.76 acre proposed for annexation. Total. square footage will increase to 2.06 acres (Attachment 4, Lot Line Adjustment Exhibit). The subject parcel and annexation area is designated as Service- Commercial on the General Plan Land Use Element map. The lot line adjustment is consistent with the General Plan, and proposed conceptual site development is allowed within the C-S zone. The lot line adjustment must be recorded before the applicant can finalize their application to LAFCO. Due to the property tax exchange requirements that accompany annexation requests, the applicant must record the lot line adjustment before LAFCO will authorize the City and County to initiate discussions. As a result, Council needs to determine that the annexation is supportable prior to taking action on the lot line adjustment as it would be inappropriate to create a lot that is half within the City and half under County jurisdiction. Conclusion Development of the existing parcel in the City (Lot 2) is hindered due to access restrictions on Broad Street, and the annexation will enable future development by providing site access via Farmhouse Lane. There are no apparent significant environmental impacts associated with the annexation, and the lot line adjustment conforms to the Subdivision Regulations and the AASP. Staff recommends the City Council adopt the attached draft resolution. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis of on-going costs and revenues that found that overall the General Plan was fiscally balanced. Because the proposed annexation is consistent with the General Plan and the AASP prepared to guide development of this area, the fiscal impact of the project is neutral. Furthermore, the Public Facilities Financing Plan (Chapter 8) of the AASP shows that the land uses proposed in the Airport Area can support the public facilities required to serve the area through impact fees and user fees. The annexation can be further analyzed by comparing the costs of serving the parcel with municipal services with the benefits associated with eventual development and General Plan implementation. Costs The City's direct costs include public safety, public utilities, transportation, leisure, cultural and social services, and community development services. Indirect costs are administrative, such as legal services or financial administration. The City has the capacity to accommodate the increased demand of this incremental annexation of less than an acre. The majority of costs PH3-5 ANNX 117-10 (4600 Broad) Page 6 associated with public utilities and transportation will be recovered via development impact fees. The lot currently within the City is developable and has access to City services, and the annexation of a portion of the adjoining lot will make development of this lot more feasible and may allow a larger amount of development on the lot than would otherwise occur. The increase in demand on municipal services for the whole Airport Area is similar to the increase anticipated in the General Plan, and the adopted mitigation measures for the AASP reduce projected impacts to public services and utilities to a less than significant level. Benefits Benefits of annexation include provision of new jobs (construction related and permanent), and implementation of General Plan policies for the Airport Area such as business park development and greenbelt protection. Per Land Use Element Policy 7.4, Airport Area annexations are required to help protect an appropriate part of the greenbelt near the Airport Area through dedication or an in-lieu fee that is collected at time of building permit issuance. Fiscal benefits of the annexation include revenue from development impact fees, utility users' tax, and sales tax from potential tenants of the service-commercial office park (e.g. warehouse sales, internet sales or wholesaling). The Memorandum of Understanding between the City and the County related to annexations indicates that for non-residentially zoned land, the County retains the base property tax and increment and the City retains the sales tax. While the City will not see an increase in property tax revenue from the annexed portion of the development, the increased size of the overall property and ability to more easily accommodate the development envisioned will most likely increase the property value of the portion that is already within the City limits. ALTERNATIVES 1. Continue review of the project with specific direction to the applicant and staff. 2. Approve a resolution to deny .the applicant's proposal, based on findings of inconsistency with the General Plan as specified by the Council. This is not recommended because the City parcel would remain constrained for future development due to limited access. ATTACHMENTS 1. Vicinity Map 2. Project Description 3. Project Annexation Map 4. Lot Line Adjustment Exhibit 5. Conceptual Development Plan 6. Will Serve Letters 7. Planning Commission Minutes, April 13, 2011 8. Draft Resolution COUNCIL READING FILE 1. Initial Study T.•ICouncil Agenda Reportsl CommunityDevelopment CAR120111ANNX 117-10(4600 Broad) PH3-6 Attahment 1 P-S gQ p' C-S SP AIRPORT FARMHOUSE - O'9 O VICINITY MAP File No. 117=10 N 4600 Broad Attachment 2 Project Description Lot Line Adjustment and Annexation WALLACE GROUP® August 2, 2010 0397-0004(0100) (0225) Site Address: 1146 and 1160 Farmhouse Lane, San Luis Obispo Site Location: Broad Street south of Tank Farm Road Land Use Designation: Commercial Services Combining Designations: Airport.Area, San Luis Obispo Planning Area Prior Entitlements: Development Plan D000336D, COAL 08-00301 ED01-273 (all in SLO County) Concurrent Applications: LLA—City of San Luis Obispo LLA—San Luis Obispo County Annexation - LAFCO Existing Uses: Vacant commercial parcels APN's: 076-511-010 (County) and 053-412-007 & -008 (City) Existing Lot Sizes: 2.80 acres (County) and 1.32 acres (City) Proposed Lot Sizes: 2.06 acres each (County= Lot 1, City = Lot 2) Application Request: This is a request to adjust the lot lines between two adjacent parcels that will reconfigure one lot to accommodate a better site design for future development. One lot lies within the City of San Luis Obispo, the other is in San Luis Obispo County. The lot line adjustment application is concurrent with a request for annexation of the adjusted portion of Proposed Lot 2 into the City of San Luis Obispo, such that the adjusted line will become the new City-County boundary. Background: County Planning Commission approved a Development Plan (D000336D) for three commercial buildings on a ten-acre site that lies partially in the County and partially in the City. After approval, it was discovered that two of the parcels were actually one lot (Lots F and G of the Rodriguez Tract). A lot line adjustment was subsequently filed (COAL 08-0030) to re-create the assumed lot configuration and incorporate a small remainder parcel from Tract 2368 into Lot F, which became a 2.80-acre parcel. This Lot Line Adjustment involved two Assessor's Parcels, 076- 511-010 and 076-512-0027, which are now identified as C.O.C. #2009-043146; a PH3-S ` . Senn Williams Lot Line Adjustme Project Description Attacbmm August 2,2010 Page 2 of 4 new Assessor's number has not yet been assigned. Please refer to the Assessor's Maps, City Sphere of Influence exhibit, and the LLA/Annexation maps provided. The City-County line follows the west line of C.O.C. #2009-043146 such that the WALLACE GROUPe prior lot line adjustment involved property located entirely in the County. The adjacent parcel to the west of C.O.C. #2009-043146 is comprised of two Assessor's Parcels: 053412-007 and -008. This lot, identified as Deed 392/OR/341 and located at Farmhouse Lane and Highway 227, is a roughly triangular 1.32-acre lot within City limits with no viable street access. The parcel frontage on Farmhouse Lane is too close to the intersection of Highway 227 to allow safe ingress and egress, constraining development of this property. This project proposes to relocate the boundary line between the two parcels and also shift the boundary line between the City and the County to provide a better access and development configuration for the Highway 227 frontage parcel in the City. The adjustment includes annexing 0.74 acres into the City, increasing Deed 392/OR/341 from 1.32 acres to 2.06 acres, and reducing C.O.0#2009-043146 from 2.80 acres to 2.06 acres in size. The portion to be annexed is currently zoned Commercial Service in the County, and is proposed to be zoned Service Commercial in the City. The County parcel, C.O.C. #2009-043146, has an approved Development Plan (D000336D) which permits up to 180,000 square feet of Commercial Services uses over 10 acres. This lot would remain in the County's jurisdiction, and will provide access to the City parcel through a shared access easement. This parcel has an approved Mitigated Negative Declaration under ED01-273 (SLO County), see copy provided with this application. The City parcel, Deed 392/OR/341, would be developed in the future with up to 28,000 square feet of Commercial Services uses and associated parking. Any future proposed development on the City parcel will be subject to the City's Architectural Review Committee and City permit process. A conceptual site layout is provided on the "after" exhibits for illustrative purposes. Access: Both parcels have frontage along Farmhouse Lane. The existing City parcel, located at the corner of Highway 227 and Farmhouse, cannot take direct access from Highway 227, and the Farmhouse Lane frontage width is insufficient to provide access due to proximity to the highway intersection. As a result, the applicant is proposing a shared driveway, located on the County parcel, with a shared access easement along the common property line. Please see the attached exhibits provided with this application. Requirements: San Luis Obispo County: Under the development plan (D000336D), the County parcel was initially approved to be served by wells and septic, and was required to maintain a minimum parcel size of 2.5 acres. Following that approval the owners negotiated with Fiero Water Company to provide community sewer and water service to the property in the 397-041Pmi Desa(1).doc - PH3-9 • Senn Williams Lot Line Adjustmek / `/� 2 Project Description Attacbment August 2,2010 Page 3 of 4 County. Per SLO County Zoning Ordinance Section 22.22.090, the minimum parcel size for Commercial Service category is 6,000 square feet where served by community water and sewer. The adjusted Proposed Lot 1 parcel, with water and sewer service provided by Fiero Water Company, will meet the minimum parcel size WALLACE GROUPe with 2.06 acres. Please refer to the Fiero Water Company will-serve letter provided with this application. The County parcel (C.O.C. #2009-043146) will comply with all planning area standards in the County's San Luis Obispo Urban Area Plan Section 22.108.050. The adjusted parcel size and site design is consistent with the approved Use Permit's Development Plan. City of San Luis Obispo: Per City of San Luis Obispo Zoning Section 17.46.020, the minimum parcel size is 9,000 square feet. Proposed Lot 2 (Deed 392/OR/341) will be 2.06 acres in size after the adjustment and annexation. This parcel will utilize community water and sewer services provided by the City. Please see the City of San Luis Obispo will- serve letter provided with this application. This parcel will be subject to the City's Architectural Review Committee (ARC) approval of a development plan when future development is proposed. A conceptual site layout is provided with this lot line adjustment application to illustrate the intent of the shared parking and access. Per the.Citv's Airport Area Specific Plan (AASK For Service Commercial uses, AASP Table 4.4 requires minimum parcel dimensions of 60 feet by 100 feet, with a maximum depth-to-width ratio of 3:1. The minimum required frontage is 40 feet. Proposed Lot 2 will meet these standards. As noted, all City development standards for proposed Lot 2 will be applied at the time development is proposed under a Use Permit application in the future. The existing lot in the City (Deed 392/OR/341) currently meets the frontage standard with 85 feet on Farmhouse Lane, but due to traffic safety issues with proximity to the intersection of Highway 227, access cannot be provided. As proposed, Lot 2 will have nearly 300 feet of frontage on Farmhouse Lane, and will share access with Proposed Lot 1 to minimize potential traffic conflicts. Annexation of the adjusted portion of 0.74 acres to Proposed Lot 2 will realign the City-County boundary at the new edge of this parcel, allowing City control of this parcel's development. City Ordinance No. 1481 (2005 Series) adopted the Airport Area Specific Plan and amended the City's General Plan and Zoning Map to include pre-zoning of the County parcel (C.O.C. #2009-043146) for Commercial Service— Specific Plan (CS-SP) in the City. Therefore, the adjusted area is pre-zoned for annexation to the City. Findings: A Lot Line Adjustment may be approved when the resulting parcels maintain a position that is equal to or better than the pre-existing condition with respect to both 397-041Proj Do=(1).doc PH3-10 Senn Williams Lot Line Adjustrnea Attachment 2 Project Description August 2,2010 Page 4 of 4 City and County zoning standards. Both parcels are currently conforming and will be conforming to the respective jurisdiction standards after adjustment. The proposed Lot 1 will be equal to the existing condition in that it currently meets all County standards, and will meet all County standards after adjustment. WALLACE GROUP® The lot line adjustment will improve the site development and access configuration potential on the City parcel, Proposed Lot 2, resulting in a "better than existing" condition. The proposed parcel configuration will be more conforming to standards than the current triangular shape. The City has indicated that water and sewer services can and will be provided to this lot for future development. Proposed Lot 2 will meet all applicable City standards following the LLA and annexation. 397-041Pmj Desc(1).d= PH3-11 � ( ) ® hit nt s � x � ! \ . x\ / Limits ; e , . , « m O Obispo ! \E/ _¥TYS ` — /�/ — //m \§ ¥ _ ' �' , , \ I • \} ! . 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IIIIUIIIIUIII V - ' _� of ICI I a - � - 1 1 I WIO rcz� 6�1 I RIS \i awa I _ H — --- OL O r� ` 'm IT1T TI — UIIIIUIIII 5�G W �\ o a W lilllli In ip 07S.IJJV!)00 o7s noo Ops A110 < = �gP I Q?P r '(•�1/ T6 w 0 ofd N <2< W w D aLU c a z �l 5�,0 wa o G PH3-15 ���►►�lh►��iii���i►►►IIIIIIIIIIIN�11°""'°�i Io sAn t6s oBispo 879 Morro Street• San Luis Obispo, CA 93401 Attachment 6 July 23, 2010 Cindy Lewis Wallace Group 612 Clarion Court San Luis Obispo, California 93401 Re: APN 053-412-008 4600 Broad Street Dear Ms. Lewis: From your July 22, 2010 letter, I understand Wallace Group is preparing a Lot Line Adjustment and Annexation application for consideration by LAFCO to incorporate 0.75 acres of County property into an existing parcel(APN 053-412-008) within the San Luis Obispo city limits. The City will provide water and wastewater services to the parcel mi accordance with the City's rules and regulations. If you have any questions please contact me via email at cmattingly@slocity.org or by phone at 805-781-7205. Thank you. Sincerely, ' ?Carrieattingly, Di for Utiliti s City of San Luis Obispo OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �� Telecommunications Device for the Deaf(805)781-7410 'ft3-16 _ FIERO LANE WA a ER COMPANY PO BOX-14704 SAN LUIS OBISPO,CA 93406 TELEPHONE 805.540-5207 FAX 805.5444294 Attac�e�t 6 WILL SERVE LETTER July 30, 2010 The Fiero Lane Water Company is able to and will provide water and wastewater service per the allocations listed below to the following; Owner: East Airport Development Company, LLC PO Box 957 San Luis Obispo, CA 93401 Location: Broad Street & Farmhouse Lane Lots 1 and 2 of COAL 08-0030 (formerly lots E and F of the Rodriguez Tract) and Lot E of the Rodriguez Tract (APN 076-511- 010) Allocations: 3,000 gpd of wastewater service Potable and recycled water service The Fiero Lane Water Company has the capacity to serve this property. Robert S. Miller, R.C.E. General Manager PH3-17 i 1 i - Attachment 7 SAN LUIS OBISPO PLANNING COMMISSION MINUTES April 13, 2011 OATH OF OFFICE: City Clerk Elaina Cano administered the oath of office to re- appointed Commissioner Mary Whittlesey ROLL CALL: Present: Commissioners Michael Boswell, Michael Draze, Eric Meyer, Airiin Singewald, Charles Stevenson, Vice-Chairperson Mary Whittlesey, and Chairperson Michael Multari Absent: None Staff: Deputy Community Development Director Kim Murry, Assistant Planner James David, Assistant City Attorney Andrea Visveshwara, and Recording Secretary Janet Miller ELECTION: The Commission re-elected Chairman Multari and Vice-Chair Whittlesey ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of March 23, 2011, were approved as amended. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments. Commr. Stevenson recused himself, due to a potential conflict of interest, occurring through overlap of a professional relationship for item #1. PUBLIC HEARINGS: 1. 4600 Broad Street. ANNX/LLA/ER 117-10: Review of a lot line adjustment between two lots (one in the City and one in the County) and concurrent annexation request; C-S zone; Fred Glick, applicant. (James David) James David, Assistant Planner, presented the staff report, recommending the Planning Commission adopt the resolution which recommends the approval of the annexation, lot line adjustment, and negative declaration of environmental impact for the project at 4600 Broad Street, based on findings and subject to conditions which he outlined in a slightly-revised resolution. Cindy Chambers, the applicant's agent, spoke in support of the project. PUBLIC COMMENTS: There were no comments. PH3-18 Planning Commission Minutes - Attachment 7 April 13, 2011 Page 2 COMMISSION COMMENTS: Commr. Draze questioned whether the larger parcel should be considered for annexation and why LAFCO expressed concerns regarding the proposal. He also indicated that the fiscal analysis of the annexation should reflect the incremental increases associated with City Administration fees and costs of providing Fire and Police protection in addition to those mentioned in the staff report. Vice-Chair Whittlesey questioned if a signal would be provided at Farmhouse Lane. Staff indicated that impact fees would pay for circulation improvements but was not certain if a signal is planned for the intersection. There were no further comments made from the Commission. On motion by Commr. Draze, seconded by Vice-Chair Whittlesey, the Commission voted to adopt the revised Planning Commission resolution which recommended the approval of the annexation, lot line adiustment, and negative declaration of environmental_ impact for the proiect at 4600 Broad Street, based on findings and subject to conditions. AYES: Commrs. Boswell, Draze, Meyer,. Singewald, Vice-Chair Whittlesey, and Chairperson Multari NOES: None RECUSED: Commr. Stevenson ABSENT: None The motion passed on a 6:0 vote. Co r. Stevenson returned to the meeting. COMMEN ND DISCUSSION: 2. Staff a. Agenda Forecast Deputy Director Murry provided the forecast for the April 27th and May 11th Co ission meetings. b. By-Laws— Biennial Revie Odd Year) On motion b Commr. Sin ewal econded by Commr Draze the Commission voted to amend the by-laws to reflect,tha election of officers occurs durinq the first meeting in April of each year instead of A n 5t AYES: Commrs. Boswell, Draze, Meyer, Si wald, Stevenson, Vice- Chairperson Whittlesey, and Chairperson Multari NOES: None RECUSED: None ABSENT: None The motion passed on a 7:0 vote PH3-19 Attachment 8 RESOLUTION NO. (2011 Series) A RESOLUTION APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO LOTS (CITY APN 053-412-008 AND COUNTY DOC. NO. 2009-43146), ANNEXATION OF A PORTION OF 1146 FARMHOUSE LANE, AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROJECT (ANNX/LLA/ER 117-10) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 7, 2011, for the purpose of considering Planning Application No. ANNX/LLA/ER 117-10, a request to reconfigure the lot lines between 1146 Farmhouse Lane in the County (Lot 1) and 4600 Broad Street in the City (Lot 2), concurrent with a request for annexation of the adjusted portion of Lot 2 such that the adjusted line-will become the new City-County boundary; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 13, 2011, for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the Airport Area Specific Plan was adopted by the City Council on August 23, 2005, satisfying the requirements of the General Plan (Land Use Element policies 1.12.3, 7.3 and 7.4), which require adoption of specific plans prior to annexation; and WHEREAS, the proposed annexation is necessary for the City to implement the adopted Specific Plan; and WHEREAS, the City Council considered the Initial Study and Negative Declaration of Environmental Impact (ER 117-10) for the project, and determined that the document adequately addresses the potential environmental effects of the proposed annexation; and WHEREAS, the proposed annexation is consistent with the adopted Sphere of Influence for the City of San Luis Obispo; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff,presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: PH3-20 Attachment 8 Council Resolution No. XXXX(2011 Series) 1. Annexation of land in the Airport Area will promote the public health, safety and welfare by ensuring that all new development complies with the comprehensive land use plans and property development standards established in the Airport Area Specific Plan. 2. The proposed annexation of land in the Airport Area is consistent with Land Use Element Policy 7.3, which says that the City will actively pursue annexation of the Airport Area. 3. The proposed annexation is consistent with the General Plan Land Use Map because the land to be annexed has been prezoned Service-Commercial, and is within the Sphere of Influence and City's Urban Reserve. 4. As conditioned, the lot line adjustment is consistent with the City's Zoning Regulations and Building Code, and complies with the City's Subdivision Regulations and the State Subdivision Map Act because it will not create a greater number of lots than originally existed and the resulting parcels meet the minimum requirements for lot area and dimensions in the C-S zone. 5. The proposed Negative Declaration for the project adequately addresses the environmental impacts of the project because annexation does not create any environmental effects that are different from those identified in the Final Program EIR for the Airport Area Specific Plan and Related Facilities Master Plans. SECTION 2. Environmental Determination. The City Council does hereby adopt a Negative Declaration for the project. SECTION 3. Action. The City Council does hereby approve the lot line adjustment, and annexation of approximately 0.76 acres of land in the Airport Area as identified and incorporated herein by reference in Exhibit A, subject to the following conditions: I. Per Resolution #9728 (2005 Series), and Land Use Element Policy 7.4, an Airport Area annexation shall not take effect unless the annexed area helps protect an appropriate part of the greenbelt near the Airport Area, through dedication or an in-lieu fee. 2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement and recorded prior to initiating annexation through LAFCO. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment" to the Public Works Director for review, approval and recordation, based on samples available from the City of San Luis Obispo. The submittal shall include all required recording and processing fees and an 8 %i" x 11"map exhibit suitable for recording. 3. A record of survey may be required in accordance with Business and Professions Code Section 8762. 4. The parcel map or lot line adjustment agreement exhibits and legal descriptions shall be PH3-21 r Attachment 8 Council Resolution No.XXXX(2011 Series) prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. 5. A beneficiary consent to LLA shall be recorded concurrent with or prior to recordation of the LLA. 6. A separate exhibit showing all existing public and/or private utilities and improvements shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the LLA. The site/utility plan shall include any drainage and street improvements, water, sewer, storm drains, gas, electricity, telephone, cable TV, water wells, private waste disposal systems, and any utility company meters for the proposed city parcel. 7. Any existing private or Fiero utilities stubbed into the City parcel shall be relocated, abandoned on terminated to the satisfaction of the City of San Luis Obispo. Any utility relocations or abandonments shall be completed with proper permits and receive final inspection approvals prior to recordation of the LLA. Any utility services proposed to remain shall be approved by the City and may require the recordation of an agreement between the property owner and the City. 8. Any required easements shall be recorded prior to or concurrent with the recordation of the LLA to the satisfaction of the Community Development Director, Public Works Director and serving utility companies. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this 2011. Mayor Jan Marx ATTEST: Elaina Cano, City Clerk APPR D AST RM: Christine Dietrick, City Attorney PH3-22