Loading...
HomeMy WebLinkAboutD-1772 APN 076-352-025 - 131 Suburban Road Recorded 06/18/2008• JULIE RODEWAL� San Luis Obispo Coun Ierk/Recorder Recorded at the request of Public RECORDING REQUESTED BY AND i D 0 C # : 20080$1817 WHEN RECORDED RETURN TO. CITY of San Luis Obispo CITY Clerk's Office JR 6/18/2008 2:15 PM Titles: 1 Pages: 8 Fees 0.00 Taxes 0.00 Others 0.00 990 Palm Street I PAID $0.00 San Luis Obispo, CA 93401 - 3249 APN: 076- 352 -025 PRE - ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND HANSON AGGREGATES WEST, INC. This Pre - annexation Agreement ( "Agreement ") is made and entered into this ±aa4y of U 11 .Q , 2008, 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 Hanson Aggregates West, Inc., a Delaware corporation registered to do business in the State of California, with a California address at PO Box 639069, San Diego, California 92163 (hereinafter referred to as "HANSON "), pursuant to the authority of the CITY Charter and the Cortese -Knox- Hertzberg Local Government. Reorganization Act of 2000, California Government Code section 56000 et seq. CITY and HANSON shall hereinafter be referred to collectively as the "PARTIES." RECITALS WHEREAS HANSON is the owner in fee of certain real property in the County of San Luis Obispo, identified in the Assessor's Records as APN 076 - 352 -025, with a street address at 131 Suburban Road, San Luis Obispo, California, further described in the attached Exhibit A (the "Property "); and WHEREAS CITY, by vote of its City Council on May 1, 2007 on File No. ANNX 172 -05, has proposed that the Property be annexed to the City of San Luis Obispo along with other adjacent and nearby properties, and has applied to the Local Agency Formation Commission for San Luis Obispo County ( "LAFCO ") for such annexation pursuant to the procedures of California Government Code section 56000 et seq. (the "Annexation "); and WHEREAS the Property is located in an area identified by CITY as the Airport Area and is subject to an Airport Area Specific Plan ( "AASP ") and a related Facilities Masters Plan, which CITY has adopted for the purpose of identifying appropriate land uses for the Property and other A properties within the nnexation area; and WHEREAS CITY anticipates that, upon annexation, the Property will be subject to the CITY's General Plan, the AASP, and all current and future zoning regulations adopted by the CITY; WHEREAS HANSON has objected to the Annexation of the Property to the extent that HANSON may be required, under. the General Plan, the AASP or the CITY's Zoning Regulations, to conform the Property to standards more stringent than those currently applicable to the Property under the zoning ordinances and prior approvals of the County of San Luis Obispo; and WHEREAS CITY has endeavored to address HANSON's concerns and resolve, to the greatest extent possible, HANSON's objections to the annexation of the Property; NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, the PARTIES agree as follows: 1. BASELINE CONDITIONS. The PARTIES agree that the dimensions of the PROPERTY and the location and dimensions of all structures on the Property are substantially as depicted on Exhibit B hereto (the `Baseline Conditions "), which is incorporated herein by reference. The PARTIES acknowledge that the Baseline Conditions include the area defined for a new "reclaimer," which HANSON is installing as an environmentally -sound improvement and a replacement for the existing equipment used to manage process water from operations. The County of San Luis Obispo has reviewed HANSON's plans for the reclaimer and has provided planning and zoning clearance to HANSON based on consistency with a Development Plan for the Property approved by the Planning Commission of the County of San Luis Obispo on August 14, 1986 under County Resolution No. 86 -76. CITY agrees to accept the County's planning and zoning determination, such that CITY will not require HANSON to apply for additional planning or zoning review by CITY and will permit HANSON to apply to CITY for building, electrical and other "counter" permits in accordance with CITY standards. Any proposed discharge from the reclaimer to the CITY's sewer system shall comply with all applicable Federal, State and CITY discharge standards. 2. EXISTING .AND FUTURE DEVELOPMENT POTENTIAL. The Parties acknowledge HANSON's concern that to have an economically viable concrete batching plant, HANSON likely will need to make, adjustments in its operations over time, including modifications to structures or replacements of structures, consistent with changing industry standards and applicable environmental regulations. CITY specifically states its intention to facilitate HANSON's operation of an. economically viable concrete batching plant on the PROPERTY for as long as it wishes to continue such operations, and to assist HANSON in making adjustments in its operations, including modifications to structures or replacement of structures, to the extent such modifications and replacements are consistent with the CITY's Municipal Code and/or its permitting procedures. Unless this Agreement allows otherwise, additional development ' of the PROPERTY after the effective date of the Annexation shall be subject to CITY policies that would be applied to other properties in the CITY under similar circumstances, including, but not limited to, the General Plan, the Airport Specific Plan and provisions of the Municipal Code and State laws. 3. FUTURE CONFORMING AND NONCONFORMING USES AND STRUCTURES. The PARTIES agree that the concrete batching plant on the Property is currently a legal use conditionally permitted in CITY's Manufacturing "M" zoning district proposed for the Property and that the structures identified as Baseline Conditions on Exhibit B, with the exception of the "bunkers" and the "batch plant," represent conforming structures under 2 • • current CITY zoning requirements. The "bunkers" and the "batch plant" shall be deemed legally nonconforming structures. As to the existing legally non - conforming structures, and as to any use or structure subsequently made legally nonconforming by CITY's adoption of changes in its Zoning Regulations (Title 17 of the Municipal Code), the following shall apply: A. Non - Conforming Uses. Established existing uses that become nonconforming under CITY's Zoning Regulations and/or the AASP shall be allowed to continue indefinitely. When a non - conforming use ceases for a period of six months, the non - conforming status will be lost and any new use must conform to current zoning as well as the AASP. With the approval of an Administrative Use Permit, CITY shall allow HANSON to replace a non- conforming use with any other non - conforming use, provided that CITY's Hearing Officer determines that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. A non - conforming single - family home may be continued without limitation. B. Expansion of Existing Uses. With the approval of an Administrative Use Permit, expansion of the existing use shall be allowed. C. Non - Conforming Structures. HANSON and its successors in interest may continue to maintain and occupy any structure legally existing at the time such structure becomes nonconforming under zoning, and shall have the right to make reasonable repairs to such structures and to replace the structures consistent with CITY regulations. CITY acknowledges that height limitations under its existing Zoning Regulations may be an impediment to HANSON's ability to make necessary improvements to its plant. CITY agrees to consider amendments to its Zoning Regulations that will have the effect of rendering nonhabitable structures necessary to plant operations conforming under CITY standards. 4. URBAN SERVICES. Upon annexation, the Property shall be entitled to the full range of CITY services on the same terms and conditions applicable to all CITY properties, including but not limited to water and sewer services, police and fire protection, and general government services, some of which are described below in more detail: A. Water Service. Upon request of HANSON, CITY agrees to provide water service to the Property, as available, for fire fighting and domestic purposes, subject to the same laws, rules, regulations, and fees applicable to other new users in the CITY. HANSON shall not be required to purchase water from CITY and may continue to use indefinitely groundwater from its on -site well sources for all existing development, including but not limited to landscaping and the production of concrete, in lieu of or in addition to any water service made available by CITY, provided that applicable State, County and City standards are met. Use of groundwater for new development will comply with CITY policies and standards. In the event of abandonment of well(s), HANSON shall comply with applicable State and County regulations regarding well abandonment. B. Sewer Service. CITY agrees to provide sanitary sewer service, as available, to the subject property upon request of the HANSON subject to the same laws, rules, 3 0 0 regulations, and fees applicable to other new users in the CITY under similar circumstances. Use of existing on -site septic systems may continue for approved on -site development, provided applicable State, County and CITY standards for commercial discharges are met. Use of existing on -site septic systems for new development will not be permitted. In the event of abandonment or failure of existing septic system(s), HANSON shall comply with applicable State, County and CITY regulations regarding septic tank repair or abandonment. 5. COMPLIANCE WITH CITY STANDARDS. Once annexed, the Property will be subject to the same rules, regulations, laws, fees, and taxes that would be applied to other properties, residences, businesses, and customers in the CITY under similar circumstances including, but not limited to the Building Code, Fire Code, Zoning Regulations, environmental regulations (California Environmental Quality Act), fees, taxes (including business taxes and utility user taxes) and other provisions of the Municipal Code and state laws, subject to the clarifications set forth in this Agreement. 6. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it shall be the responsibility of HANSON to install and/or pay for improvements and fees which may be required by permit, law, rule, or regulation. 7. WAIVER OF PROTEST RIGHTS. HANSON expressly waives for itself and its successors, transferees, assignees, and subsequent purchasers of the Property, or any portion thereof, the right to challenge or contest the validity of the annexation of the Property under CITY's pending Annexation application. In the event that CITY's pending application to LAFCO pursuant to CITY's File No. ANNX 172 -05 does not result in the annexation of the Property, HANSON's waiver under this section shall be void for all other purposes, including but not limited to any subsequent efforts of CITY to annex the Property. 8. TERM OF AGREEMENT. The term of this Agreement shall begin upon the effective date of the Annexation, as the same may be determined under applicable provisions of California Government Code section 56000 et seq. This Agreement shall remain in effect until modified or terminated by mutual consent of the PARTIES. In the event the Annexation does 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.. 9. 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. 10. 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. 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. F11 0 • IN WITNESS WHEREOF, the PARTIES have executed this Agreement on the date above stated. ALL SIGNATURES MUST BE NOTARIZED HANSON AGGREGATES WEST, INC. BY: 'Y ot" ` Marvtn E. Howell Its: marolH"d _ ylarvitt F 111—mvell use, Planning & ,sistant Secretary Permitting CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation BY: Mayor David F. Romero ATTEST: City (Ierk eypoopei- APPR }OVED AS TO-FORM: Ci ttorney Jonathan Lowell 5 • • State of California ) ss. County of 0-1 -C O On 1�i� a 20 06, before me, a Notary Public, personally appeared i0A2 &,n r. ff utc n , who proved to me on the basis of satisfactory evidence to be the person whose name(4 is /a# subscribed to the within instrument and acknowledged to me that he /sye /oy executed the same in his/hdr1*k authorized capacity(iVs), and that by his/h /r / their signature) on the instrument the person, or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PAM &MEMRS! WITNES m hand and official seal. C0A *MkM 0 1628730 y NOW � - CAW=ft _ �22 a4a= Si tur (This area for notary stamp) State of California ) ) ss. County of On , 20__, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Cl (This area for notary stamp) EXHIBIT "A" Lot 29 and the Easterly 4.555 acres of Lot 30 of the Subdivision of Lots 24, 26, 31, North Half of Lots 18, 23, 30 and the South Portion of Lot 17 of the Harford and Chapman Subdivision, in Township 31 South, Range 12 East, Mount Diablo Meridian, in the County of San Luis Obispo, State of California, according to the map thereof recorded February 6; 1983 in' Book 1, page 4 of Records of Survey, in the office of the County Recorder of said county. EXCEPT THEREFROM that portion of said land described in the deed to M &M Enterprises, Inc., recorded June 25, 1973 in Book 1731, page 8 of Official Records, in the office of the County Recorder of said county. . ALSO EXCEPT THEREFROM that portion of said land described in the deed to Union Oil Company of California, recorded June 6, 1975 in Book 1836, page 600 of Official Records, in the office of the County Recorder of said county. r LEGEND FOOD 'EXHIBIT B FINSHTGRAO EE *OTPRINT FINSHTGRAODE A HANSON OFFICE 53' -5" x 30` 11.9' 1 SHOP 100' x 50' 18.9' B RECORDS 8' x 20' 9.6' J COLOR SHED /DRIVER'S ROOM 40' x 30' -6" 14.2' C ROYAL TRUCKING 13' -7" x 60' -3" 14.1' K CANOPY 40'x 15' -6" 12.7' D BUNKERS ' 107' -6 -x 14' 18' -41' L BATCH PLANT "' 40' -7" x 28'4" 59.2' E ELECTRICAL SHED 16' -4° x 16' -4° 10.2' M STORAGE SHED /LAB 1.9'-6" x 18'-3" 9.5' F MODULAR OFFICE 12' x 60' 13.6' N CONVEYOR SYSTEM I I Storoge Vanes G COMPRESSOR SHED " 9' -6" x 4' - P WATER TANKS MATERIALS STORAGE PAD 28.9' H OIL.SHED 40' X 8' 8.5' R RECLAIMER SITE 4 I ..CONCRETE , I I •'ADDITIVES. ' Roctaimer Unit Jadair Plant l lYp.11.- Height 14'.9 "' II ,r - - - - -, STORAGE WATER 1 J �iAN Paved Parking 1. ' Top of silo '= 18': Top of conveyor = 41' SUMP 1` K - ® O AGGREGATES MID- PACIFIC, INC. Heights of minor structures under 8' not measured. E —DRIVE © I TRUCK p 1 WASH I • . "' Batch plant measured from outside edges of structures SUBURBAN-ROAD 0 25 50. 100 200 SCALE: I" = 100' EXISTING SITE PLAN MAY 2008 HANSON AGGREGATES MID - PACIFIC, INC. SAN LUIS OBISPO, CA WALLAa GROUP. END OF DOCUMENT I I i O Q ' i O AIR -VOL BLOCK , COMMERCIAL BUILDINGS U I ; I - _ I T—k Poking I • I' - r —•,'— — . J Pavea Pan dsg -- -� COMMERCIAL S '�� I BUILDINGS F - -_ - -� Parking II I L ULTIMATE PAVEOUT I I I I Storoge OF CONCRETE I I RED 3 PONDS . I I .... ....... .. IJ PAVED 'i MATERIALS STORAGE PAD lO I PAD AREA: 6.000 SF ./- AREA: :L­___ MATERIALS 1 1 STORAGE; .' I L I - -� ' 4 I ..CONCRETE , I I •'ADDITIVES. ' Roctaimer Unit Jadair Plant l lYp.11.- Height 14'.9 "' II ,r - - - - -, STORAGE WATER 1 J �iAN Paved Parking 1. 1 HANSON SUMP 1` K - ® O AGGREGATES MID- PACIFIC, INC. j E —DRIVE © I TRUCK p 1 WASH I • . � Or . APN: 076- 352 -025 i DSTORA-Gt, WATER TANKS F —DRIVE E�____..........- _... , ❑000000 _. _._- . r PAD r- - - - - -� - ; OIL TANK i DEBRIS BASIN 0 0— r—� —OPEN STORAGE - L = =� = =J - - _— ..ORAGE - -' __ -_ - - -` I o 0 .1 0 ROW CROPS 0 25 50. 100 200 SCALE: I" = 100' EXISTING SITE PLAN MAY 2008 HANSON AGGREGATES MID - PACIFIC, INC. SAN LUIS OBISPO, CA WALLAa GROUP. END OF DOCUMENT