HomeMy WebLinkAbout03/22/1988, 2 - AN INTRODUCTION TO PLANNING IN THE AIRPORT AREA. M' ING AGENDA2
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990 Palm Street/Post Office Box 8100 " San Luis Obispo, CA 93403.8100
TO: The City Council and Planning Commission
VIA: Michael Multari, Community Development Director %
FROM: Terry Sanville, Principal Planner— ?
SUBJECT: An introduction to planning in the airport area.
The Situation
On March 22, the City Council will discuss city annexation and expansion policies. These
discussions are timely because there is substantial interest by owners of property at the
city's fringe to pursue annexation. The workshops are also timely because city and
county staffs, area property owners and consultants have completed preliminary studies
for the Airport Planning Area -- 1,700 acres that lie between South Higuera and Broad
Streets and north of the county airport.
This memo provides the City Council and Planning Commission with a progress report on
planning in the airport area. It also presents key elements of a planning strategy that
is the basis for beginning a public dialog among the city and county and property
owners. Finally, important next steps are identified.
A Short History of Airnort Area Plannine Efforts
The last two Financial Plans adopted by the City Council (1985-87 and 1987-89) have
directed the Community Development Department to "...work with the County to Prepare an
Airport Specific Plan and technical reports for review." The preparation of the
specific plan is also called for by the county's Land Use Element for the San Luis Obispo
Area.
A successful planning program for the airport area requires the cooperative efforts of
the city, county and area property owners. To facilitate this cooperation, the Airport
Area Planning Team was formed. The team's membership includes city and county planning
staff and consultants representing area property owners. From time to time the team has
been assisted by city and county engineering staffs.
The county hired Wildan Engineering of Ventura to conduct a series of technical studies
in the airport area. Key elements of the consultant's work include existing land use
patterns, circulation and traffic, flood control, ground water analysis, urban service
options, and environmental constraints.
With preliminary information from the consultants in hand, the planning team drafted a
conceptual land use and circulation plan for the airport area. A series of "planning
principles" that address the orderly implementation of the concept plan was prepared.
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Page 2 -- Airport Area Concept Plan
This conceptual planning work is presented, in part, by the attached materials which
include a "Conceptual Land Use Map" and a list of "Planning Principles." A more
complete introductory report will be distributed to the City Council at its March 22
meeting. More detailed technical studies prepared by the consultant (eg. circulation,
drainage, flood control) will be distributed at a later date.
We are now at the mid=point of the first phase of planning for the airport area. Public
involvement and direction for city and county decision makers is the next step. (Note:
the County Board of Supervisors are also scheduled to begin review of the attached
materials on March 22.)
Key-Obiectives of Airport Area Plannine
Some of the objectives that guided the planning team's efforts to date in preparing the
concept plans include the following:
A plan for the airport area should be acceptable and adopted by both the city and the
county and address the objectives of the area's property owners.
To achieve a mutually-acceptable plan for the airport area may require some changes
to current city and county land use, annexation, growth management and expansion
policies. The plan development and adoption process will involve negotiation and
compromise.
Adopting a plan for the area should result in higher quality and more orderly
development.
Involvement of the public and city and county decision makers is essential as part of
this first phase of planning. Direction is needed from decision makers before the
planning team can pursue the preparation of a specific plan and EIR.
The attached materials and soon-to-be-published reports present the planning team's
conceptual planning ideas but are not in themselves a specific plan for the area.
Their primary intent is to provide a basis for public comment and for discussions between
the city and county. By reviewing these concepts, however, the planning team hopes that
consensus between the city and county will occur and that decision makers will provide
direction for the preparation of the specific plan and EIR.
Airport Area Plannine Concepts
The concept plan for the airport area includes a land use map, a listing of permitted
uses within each land use category (part of the report sent to the council under separate
cover), and a list of "Planning Principles." These principles establish a policy
framework for the airport area and present the following concepts:
1. Land Use Strategy: Over time, the airport area would be developed with a mixture
of service commercial, residential and recreational uses.
' About 750 dwellings would be located in the Margarita Expansion Area at the base of
South Street Hill and north of Prado Road (extended). Housing areas were located
here to avoid the adverse effects of county airport operations.
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Page 3 -- Airport Area Concept Plan
' South Street Hill and creek corridors would be preserved as passive open space and
recreation areas.
' Over 300 acres, including portions of the base of South Street Hill, would be
earmarked for private and public recreation purposes. South of Tank Farm Road and
west of Sante Fe Road, a golf course is planned on land previously used for petroleum
storage.
• Agricultural land at the periphery of the planning area would be preserved .
' Four new "Business Parks" would be established -- three adjacent to Higuera
Commerce Park and one on Tank Farm Road near Broad Street. These parks would be
similar in character to Higuera Commerce Park except that parcels would be larger and
more landscaping required. Prior to further development and subdivision of these
areas, the preparation and adoption of a "Development Plan" would be required.
' Service Commercial areas would include land along Broad Street, Suburban Road (east
of South Higuera), and Sante Fe Road. These areas are currently developed with a
scattering of uses and the land has generally been subdivided into small parcels.
Much of the airport planning area has already been committed to some type of service
commercial or light industrial use because of past development and subdivision activity.
However, over 44% of the planning area would be earmarked for open space, recreation,
agriculture or interim uses. There will be more than enough area earmarked for service
commercial uses to meet the community's foreseeable needs.
By accommodating commercial and residential development within the city's urban reserve,
the concept plan hopes to encourage the preservation of agricultural and open areas
beyond the urban reserve and discourage further sprawl into the Edna Valley. This
concept — sometimes called the "urban centers concept" -- is something that the city
should pursue with the county (via the MOA process) as a way of preserving agricultural
and open space territory that lie between communities.
2. Circulation Planning: The concept plan includes a network of major streets that
would extend throughout the area and connect with Broad Street on the east and Higuera
Street on the west.
' Prado Road would be extended eastward to connect with Broad Street at the
Industrial Way intersection.
' Margarita Avenue would also be extended east and intersect with Prado Road
(extended).
' The intersection of Sante Fe and Tank Farm Roads would be redesigned.
' The location of local and collector streets would be included in the "Development
Plans" required for each Business Park and for the Margarita Expansion Area.
Consultant studies show that full development of this area will generate substantial
traffic. Providing connections of the area's street system with highway 101 will require
additional study. Since the airport planning area is connected to other parts of the
community, an analysis of airport area development on community traffic levels will be
included as part of the specific plan's EIR and as part of the city's current
Circulation Element studies (reference DKS Associates).
Page 4 — Airport Area Concept Plan
3. Provision of Services. The concept plan envisions that the city would pursue the
phased annexation of the airport area and provide services such as water supply, sewage
treatment, police and fire protection. This strategy is consistent with the City's Water
and Wastewater Management Element which says that the city will provide services within
its urban reserve.
Options for providing water supply and sewage treatment to the area will require
additional study. The availability of water supplies continues to be a key issue that
must be resolved as part of the specific plan for this area.
In sum, these are the concepts that the airport area planning team are seeking input on
from city and county decision makers and the community.
Important Next Stens
At the City Council meeting on March 22, the staff will present an overview of of the
concept plan for the airport area and answer questions. The Planning Commission has been
invited to this meeting.
The City Council should sponsor additional workshops with the Planning Commission in
April/May. At the next workshop, a more in-depth presentation would be make by city and
county staff followed by more detailed discussion of planning concepts and policy for the
area.
It would be the objective of the commission/council workshop series to formulate a city
position on planning the airport area and transmit this position to the Board of
Supervisors. Following this transmittal, joint meetings between the City Council and
Board would be desirable to discuss options, develop consensus where possible, and
provide direction to the planning team for preparing the specific plan and EIR. The
structure of this public review process has not been firmly established. The City
Council should feel free to suggest other appropriate strategies.
Recommended Action
At its March 22 meeting, the City Council should ask staff any questions about the the
planning process and Phase I Report and set a date for a future joint workshop with the
Planning Commission.
Attachments
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CONCEPT: PLA. _AING-PRiNCiPLES
AASP INTRODUCTORY STATEMENT
The AASP team, consisting of staff from the county, city and a land use
planning firm acting as liaison with the owners of property within the
AASP boundary, met many times to review the draft reports prepared by
Wildan Associates and to ensure that the interests of the county, city and
property owners were considered in the reports. In addition to many other
revisions to this summary report, the AASP team prepared several basic
planning principles to guide the implementation of the plan, contained in
the following section.
It is important to note that preparation of this specific plan occurs
within an overall planning framework for the entire urban .fringe. A
primary principle which should guide planning efforts around the city is
that more intensive development should occur within urban and village
reserve lines, and that Land outside such areas should retain a rural
character. The recommended planning principles for the specific plan
area, which is within the urban reserve line, follow from that basic
guideline.
The overall distinction between land uses of urban scale and intensity
within the urban reserve and rural character beyond, together with the
detailed planning principles which follow, represent a commitment by the
city to accommodate phased urban—intensity development within its urban
reserve line, contingent on availability of services and with annexation,
and concurrent commitment from the county to retain the rural character
outside the urban reserve line.
The county and city staffs propose that this approach be incorporated into
the specific plans and general plan land use designations and policies of
both jurisdictions, and that the county and city should continue to
explore additional ways of formalizing this concept, which could include a
memorandum of understanding between the two jurisdictions.
PLANNING PRINCIPLES
I. INTENT
A. The city will annex the specific plan area in phases,
provide municipal services and implement the planned land
uses in an orderly manner.
B. The county will coordinate with the city and property owners
to assure orderly implementation of the phased specific plan
and transition from county to city jurisdiction during
implementation.
C. The property owners will participate in a fair share
allocation of the costs of providing municipal services and
the mitigation of environmental impacts associated with the
orderly and phased implementation of the specific plan.
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D. The city and county will adopt the specific plan and amend
their general plans accordingly.
II. DEFINITIONS
A. Urban Housing: more than one dwelling per ten acres.
B. Rural Housing: one or fewer dwellings per ten acres. If
clustered, the overall density of rural housing shall not
exceed one dwelling per 2.5 acres until the year 1993. If
municipal services are not available after 1993, rural
housing may be clustered at an overall density of one
dwelling per acre.
C. Urban Commercial Development: development of 30 percent or
more of the allowable building coverage within each Business
Park or Commercial Visitor-Serving area.
D. Rural Commercial Development: development of less than 30
percent of the allowable building coverage within each
Business Park or Commercial Visitor-Serving area.
E. Municipal Services: water supply, sewage treatment, and
fire and police protection provided by the City of San Luis
Obispo.
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F. On-site Services: water supply from wells for domestic use
and fire suppression; septic systems.
G. Community Service System: interim water supply or. sewage
treatment facilities managed by county government that serve
clustered rural housing and rural commercial development.
III. GROWTH MANAGEMENT
A. Urban housing and urban commercial development shall not be
developed until affected territory is annexed to the City of
San Luis Obispo.
B. The city will annex an area only when such action is
consistent with the adopted city general plan.
C. Rural uses may be developed under county jurisdiction.
IV. LAND USE PRINCIPLES
A. Residential Areas
1. All urban and rural housing shall be consistent with
Master Development Plans prepared and adopted for
Residential Single Family areas or with the adopted
Edna-Islay Specific Plan (1983).
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2. Residential areas on the south side of South Street
Hill shall exclude land with slope greater than 15
percent. A precise boundary between residential and
open space areas shall be established by the Master
Development Plan for this area.
3. Neighborhood park facilities will be established to
serve residential development enabled by the Airport
Area Specific Plan.
B. Business Park Areas
1. The four designated Business Park areas will
accommodate a mixture of service and light industrial
uses with associated office, warehouse and enclosed
storage area.
2. Prior to subdivision and further development of each
designated Business Park area, a Master Development
Plan shall be prepared and adopted.
3. Both urban and rural commercial development must be
consistent with the adopted Master Development Plan for
each Business Park area.
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C. Commercial Service Areas
1. Commercial Service areas include a broad range of
commercial and associated office uses that serve city
and regional populations.
2. Along the Broad Street, Tank Farm Road, Prado Road, and
South Higuera Street corridors, the following uses
shall not be permitted: farm equipment and supplies
sales; sales lots; vehicle storage; auto and vehicle
repair and service; recycling and scrap; chemical
manufacturing and processing; collection stations;
concrete, gypsum and plaster products; metal
industries; transportation equipment; petroleum
refining and related industries; auto, mobilehome,
vehicles dealers and supplies; contract construction
services; truck stops; and drive-in theaters.
D. Commercial Retail Areas
1. Development of the Commercial Retail areas with urban
commercial uses is contingent upon annexation to the
city and/or the provision of municipal services.
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E. Open Space Areas
1. Hillside open space areas shall be protected by
perpetual open space easements or public dedications
consistent with the scale of development proposed.
Structures, roads, above-ground utilities, significant
grading, or removal of vegetation should not be
allowed. Controlled public pedestrian access
provisions shall be incorporated into the open space
easements. At a minimum, public access easements shall
be offered for dedication and maintenance purposes to
responsible public agencies.
2. Creek corridors shall be protected in open space
easements for flood control, riparian habitat
protection and enhancement, and controlled public
access.
F. Recreation Areas
1. The Recreation area south of Tank Farm Road and west of
Santa Fe Road is reserved for a golf course and
associated facilities and open space.
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2. Recreation areas north of the Prado Road extension and
west of Broad Street may be developed with public and
private recreational uses.
G. Agriculture Areas
1. Agricultural areas shall not be converted to
residential or commercial designations unless more than
70 percent of the parcels .within Business Park or
Residential Single Family areas are developed.
H. Public Facilities Areas
1. The county airport should serve the region in a manner
compatible with existing and planned land uses.
2. The Airport Area Specific Plan will not foster
development that is incompatible with existing or
planned airport operations.
3. The county, through its plan adoption process, should
coordinate land use planning and airport operations for
areas surrounding the airport.
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V. SERVICES
A. Municipal services shall be required to support urban uses
within the specific plan area.
B. Upon annexation, the City of San Luis Obispo will provide
municipal services to territory within the specific plan
areas.- Benefitting property owners (including those with
on—site or community systems serving rural development) will
pay for these services.
C. The schematic design of municipal service systems shall be
included in the Master Development Plans for. residential
areas and for each Business Park area.
D. Water Supply and sewage disposal services from on—site or
community systems may support rural housing and rural
commercial development, and development within Commercial
Service, Recreation, and Agriculture areas. The ability of
these systems to provide long—term service shall be
demonstrated prior to or concurrent with development
approval.
E. Individual property owners will be responsible for the
development and management of on—site services. Community
service systems, managed by the county, may be established
r
to support clustered rural housing or rural commercial
development.
F. Municipal, on-site or community water and sewer services
shall not be made available to the South Street Hills open
space areas.
G. Municipal services to the county airport will continue to be
provided consistent with the provisions of the 1977 services
agreement between the city and the county. Any changes in
services to this area will require amendment of the
agreement.
H. Municipal fire protection will be provided to all territory
annexed to the city. Areas not annexed to the city will be
served primarily by the County Fire Department and
secondarily by the city through existing mutual aid
agreements.
VI. CIRCULATION PRINCIPLES
A. Roadways
1. Roadways will be designated and constructed to meet
standards adopted as part of the Airport Area Specific
Plan.
2. Design principles should be developed for the Prado
Road (extension), Tank Farm Road, Broad Street and
South Higuera Street corridors that establish standards
for signs, lighting, landscape setbacks, building
setbacks, and pedestrian and bicycle facilities.
3. Prado Road should be connected to Broad Street at the
Industrial Way intersection. Margarita Avenue should
be extended eastward to serve the Residential Single
Family areas. (The alignment of the north end of Santa
Fe Road should be changed, and improvements to the
Prado Road freeway connection should be evaluated).
4. Additional local streets and collectors should be
designed as part of the Business Park and residential
areas' Master Development Plans, or subdivisions
proposed in the Commercial Service areas.
B. Transit and Transportation Management Programs
1. City transit service should be extended to serve the
specific plan area including the county airport. If
this occurs under county jurisdiction, the county
should help financially support the extension of the
city system.
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2. Area employers should be encodraged to participate in
the full range of transportation management programs.
DL/lj/cli580H/38
2/18/88
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MEETING AGENDA
'J,JtNEDROGOWAY, AICP DATE MM22 ,rteNING SERVICE
orty AVCfILLC,SuitC BRECEIVE D Bay,CA 93442 772-5400
MAR 1 1 1988
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SANLUISOMSPO.CA R, Row:
March 10, 1988
Ron Dunin, Mayor
and the Honorable City Council
City Hall
San Luis Obispo, CA
Members of the Council:
Our firm ( 2083 General Partnership) owns about ten acres on
Broad Street just south of the Williams Bros. Shopping Center.
As your Council is aware this land and the surrounding parcels
are scheduled to come before you as an annexation and as key pro-
perties from the San Luis Obispo Airport Specific Plan. Both
proposals are far reaching and they are significantly important
to the future well being of San Luis Obispo. Property owners in
this neighborhood have been most anxious to have settled the long-
standing land use disputes over the County and City policies .
They want the policy of the City to be sound, stable and progres-
sive so that property owners firmly know where they stand and what
they can expect.
Doubts have been raised about this annexation and the effect
it might have on the water supply of the City. In addition,
there are some who believe that growth should be rigidly controlled
and infill should occur before new vacant lands are annexed. We
appreciate these arguments and respect their right to make them.
But the Council must look at all facets and implications of imple-
menting public policy -- whether it' s timely, whether its effects
are beneficial and whether the action is in proportion to all
aspects of city progress.
Our partnership has filed development requests with both the
City and the County. The development proposes to build a 90 , 000
sq. ft. general merchandise store, small retail shops, and business
services adjacent to and coordinated with the Williams Bros . Shop-
pint Center. Ours is a business approach to make sure our
application for the development of our land is given a fair hearing
and acted upon. We have prepared a project of substantial conse-
quence and if the annexation does not consumate, our project can
proceed to a conclusive action with the County.
We want your Council to know, however, that it is our
preference to have the project supported by City services, and
we strongly endorse the proposed annexation. Although we have
had water extracted from the property in sufficient amounts to
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sustain the development, the size and quality of our project
warrants City fire flow, sewers and fire-fighting proximity. To
ensure a thorough review of benefits, obligations and responsi-
bilities from both sides, we have filed a draft development
agreement between our partnership and the City. The California
Government Code Section 65864 et. seq. enables private entrepre-
neurs and public jurisdictions to negotiate and execute contracts
for development. In this case, the agreement would become oper-
ative at the time of annexation. Unfortunately, staff tells us
they are not yet geared up to handle this type of request and we
must wait until rules for procedures are enacted by the Council.
The agreement will give the City an opportunity to sit down with
the developer and hammer out all the details acceptable to both
sides in advance of public hearings.
The annexation of Broad Street properties can be supported
by many arguments in favor of the approval.
1 . The land is in a pocket of territory surrounded on three
sides by City jurisdiction. (Jurisdictional in-fill)
2. The properties are currently zoned for urban uses with
major city services stubbed to the area or passing through the
area. (Urban in-fill)
3 . Half of the properties already have contracted city
services including water service. (Expended urban services)
4. The City improvement standards have been required of
surrounding development and should be applied to the projects in
this area. (Consistent standards)
5. Proposals for zoning the land upon annexation advocate
high tax yield structures and low service volumes of water and
sewer discharge. (Economic benefits )
6 . The zoning proposed will result in low intensity employ-
ment in high tax yield structures placing minimal growth pressure
on the City. (Minimal growth factor)
7 . Annexation agreements call for private water wells to
supplement City services in an area where underground basins are
not overdrafted. (Minimal resource consumption)
It is our position that the City must look to improving its
economic viability and continually seek progressive development
that produces fiscal responsibility in government and a healthy
business economy. In addition, we believe the City must balance
its growth patterns so that traffic, water and sewer are not
impacted in any sector. It is time to shift the community traffic
and shopping desires to unincumbered areas of the City rather than
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heaping more development upon impacted areas. For these reasons
we think public policy and governmental incentives to develop
along Broad Street are timely and warranted. If these incentives
are to come, then it should be the City, not the County, who
administers the growth.
We cannot claim to be benevolent in our approach to property
development, but certainly what is good for the City economically
and based on sound planning implementation is good for us too.
Therefore, when we submitted our proposal for a development agree-
ment, we laid ourselves wide open to the application of sound
planning implementation and the final satisfaction that we've come
together on a project of common benefit.
Sincerely,
Ne Ro a A CP
Recording requested by:
After recording, mail to:
Space above this line for recorder's use
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF SAN LUIS OBISPO AND THE
2083 GENERAL PARTNERSHIP, RELATIVE TO THE DEVELOPMENT
OF LOT 92 OF THE SAN LUIS OBISPO SUBURBAN TRACT IN THE
COUNTY OF SAN LUIS OBISPO# STATE OF CALIFORNIA
This Development Agreement is made and entered into this
day of , 19_1 by and between the City of San
Luis Obispo, a political subdivision of the State of California
whose address is 990 Palm Street, San Luis Obispo, California
93401 (hereinafter "City" ) and the 2083 GENERAL PARTNERSHIP,
address is 965 Monterey Street, San Luis Obispo, California
93401 (hereinafter "Owner" ) pursuant to the authority of Section
65864 through 65869.5 of the California Government Code.
RECITALS:
I. To strengthen the public planning process, encourage
private participation in comprehensive planning and reduce the
economic risks of development, the legislature of the State of
California adopted Section 65864 et seq. of the Government Code
which authorizes the City of San Luis Obispo and the Owner or a
prospective developer of a development project to enter into a
development agreement, establishing certain development rights in
the property which would become operative at the time of
annexation and which would become a development permit.
II. Owner owns 9.79 acres of real property in the City of
San Luis Obispo described in Exhibit "A", "B" and "Cu attached
hereto. It is commonly known as Lot 92 of the San Luis Obispo
Suburban Tract and referred to herein as the "subject property" .
EXCEPT as provided herein development of the subject property
will be controlled by San Luis Obispo City Ordinance No.
adopted , when the property is
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annexed to the City of San Luis Obispo.
III. Subject property is a part of a proposal submitted by
Southern California Gas Corporation to annex a portion of
unincorporated territory South of the City of San Luis Obispo
into the City, and thereby bring said properties under the
control of the City of San Luis Obispo, in particular Ordinance
No.
TV. The development of the subject property in accordance
with Exhibit "A" will provide for orderly growth and development
or the area and it is consistent with the City's General Plan and
the City's planning goals and objectives.
V. The parties anticipate the successful annexation of the
properties South of the City of San Luis Obispo into the City,
and the creation of various assessment districts which will
construct large-scale improvements near the subject property and
adjoining properties. Those improvements will benefit the City,
Owner and adjoining property owners and will be financed by
secured real property assessments against the affected properties
in proportion to the benefits conferred by the improvements.
Said benefits shall be conferred upon, and assessed against, all
portions of the subject property and other adjoining affected
properties. Owner will incur substantial engineering, design and
other expenses prior to the annexation and the formation of the
Assessment Districts. Owners will be subject to substantial
expense to repay the cost of construction of improvements through
the Assessment Districts. In anticipation of the completion of
the annexation and the subsequent formation of Assessment
Districts, the Owner will file and the City approve, subject to
various conditions, a development advocating a retail store
selling general merchandise, approximately 86,479 square feet,
and additional commercial stores, offices and commercial service
uses shown on Exhibit W . The condition of this development
requires the Owner to construct onsite and offsite improvements
more extensive and costly than would normally be imposed for such
developments under existing City policies and standards. Such
improvements are designed to ultimately serve not only the
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subject property but also neighboring properties and the
remaining portions of the subject property at the intensities of
use authorized by the City of San Luis Obispo. It is intended
that these conditions will be satisfied by the Assessment
Districts for the purpose of constructing offsite improvements.
Owner and City intend that, from time to time during the term of
this Agreement, Owner shall submit plans for development covering
the remaining portions of the subject property in accordance with
the approved uses, and their intensity. In addition, provisions
for dedication of land for public purposes shall be as authorized
by the approved development conditions set forth by the City.
VI. Assurances are hereby granted to Owner by this
Agreement that Owner will be able to develop to completion the
subject property substantially as shown by Exhibit "A" and in
accordance with the approved Land Use Permits. Without these
assurances, Owner could not economically consider participation
in Assessment Districts as proposed, not could Owner have agreed
to the extensive conditions placed upon the development through
the Land Use Permit process.
VII. The proposal for the development of the subject
property as shown by Exhibit "A", together with the proposals for
assessments in accordance with the program established by the
City, are incoporated herein by this reference.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
A. This Agreement shall apply to Lot 92 of the San
Luis Obispo Suburban Tract. The parties agree that the proposal
for the development of the subject property (as per Exhibit "A" )
is a private development and is described as as follows:
Phase I: General Merchandise and Retail Component:
Property will be graded to drain to storm drain
crossing property. A drain will be constructed on the Southerly
side of the subject property (next to Lots 1 and 93 of the San
Luis Obispo Suburban Tract shown on Exhibit "C" ) , to a storm
drain. Drop inlets will feed the underground storm drain in the
parking lot.
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These masonry buildings will be constructed including
an elongated building (approximately 20,000 square feet) housing
a row retail stores and financial offices ; and a general
merchandise store building (approximately 86, 000 square feet)
with a garden center annex (approximately 6,000 square feet) .
A parking lot will be constructed in conjunction with
Phase I accommodating approximately 469 off-street parking
spaces. The lot will be graded to drain to underground storm
drains and overlaid with concrete asphalt to City specifications.
Curbed landscaped islands and planting strips will be located
throughout the lot . The property will be accessed by way of two
concrete driveway approaches from Broad Street. The most
Southerly driveway approach will have left-hand turn center
island channels in and out from the property. Driveways around
the general merchandise store will allow access from two concrete
driveway approaches from Sacramento Drive.
Phase I will commence after the date of annexation.
Phase II: Business Offices and Commercial Services
Component:
A public service building (approximately 4, 000 square
feet) will be constructed fronting on Broad Steet which will
house a financial institution or food services use. One two
story building comprising of business offices, wholesale and
retail agencies, contractors and commercial services
(approximately 25, 200 square feet) will be located behind the
general merchandise store building and oriented to Sacramento
Drive. The building will be coordinated in appearance with other
buildings on the property.
A parking lot accommodating 120 off-street parking
spaces will be constructed to City specifications. Curbed
landscaped islands and planting strips will be located within and
around the parking. At the option of Owner, Phase II may be
developed concurrently with Phase I.
The following improvements will be installed in
accordance with City specifications by Owner:
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(1) Street lighting on Broad Street at Phase I
and on Sacramento Drive at Phase II. Onsite lighting will be
composed of low level landscape pathway standards and decorative
lamp-posts near the buildings. Overhead mercury-vapor area
lights will be strategically placed over the parking area.
(2) Street trees on Broad Street at Phase I and
on Sacramento Drive at Phase II.
(3) Sidewalk, curb and gutter on Broad Street
with driveway approaches at Phase I and street improvements
including curb, gutter, sidewalk, pavement and driveway
approaches on Sacramento Drive at Phase II.
(4) Fire hydrants at locations designated by the
Fire Chief. Sprinkling systems will be installed in the
buildings as required by the adopted Uniform Codes.
(5) Water hookup to the City water system for
domestic and firefighting use only. On-property wells and water
lines operated by the Owner for irrigation and nonpotable
industrial uses. Well tests will be supplied to the City in
advance of development permits.
(6) Sewer laterals to Phase I and Phase II.
(7 ) Reconstruction and improvement of drainage,
drainage courses, channels and facilities for the subject
property only as per drainage plan submitted to and approved by
the City Engineer.
(8) Payment of fees in an amount not to exceed
$ for water, sewer and lift station improvements by
City. Sewer lines and water lines for domestic and fire fighting
purposes will be constructed to each building.
(9) Paved, striped and blocked off-street parking
for approximately 469 vehicles in Phase I and approximately 120
vehicles in Phase II.
(10) Landscaping in accordance with a plan
approved by City. Drought resistant plant materials will be used
and irrigated by a drip system supplied by an on-site well
operated by Owner. Sidewalk and Plaza amenities installed as per
landscape plan.
5
(11) On-site indentification signs approved by the
City in accordance with a planned sign program approved by the
City.
(12) Owner will furnish to City a copy of any
Articles 4 Incorporation for a Merchants Association and any
Shopping Center Rules and Regulations if initiated by the Owner.
B. The term of this Agreement shall commence upon the
anne7? '.ion of the property to the City of San Luis Obispo, and
shall extend for a period of ten (10) years thereafter, unless
said term is extended by circumstances described in Section E or
M of this Agreement by mutual consent of the parties.
C. During the term of this Agreement, the permitted
uses of the subject property, and the terms and conditions of
development applicable to the subject property shall be limited
to those set forth in the approval of the Land Use Permit and
implemented at the time of development. Owner may submit working
drawings for plan check after approval of this Agreement and
during the annexation process. Requirements of the "S" overlay
zone relating to public improvements shall call for compliance at
the time of development. Assessments and fees for off-site
improvements shall be paid at the time building permits are
issued.
D. During the term of this Agreement, City may apply
only such new or modified regulations and official policies which
are not in conflict with those in effect on the date of execution
of this Agreement. This Section, however, shall not preclude the
application to the development of the subject property of changes
in City regulations or policies, the terms of which are
specifically mandated and required by changes in state or federal
laws. In the event that such changes in state or federal laws
prevent compliance with one or more provisions of this Agreement
in implementation of the project, the parties shall take action
pursuant to Section E and M of this Agreement. This Section D
shall not be construed to limit the obligation of the City to
hold necessary public hearings, or to limit discretion of the
6
City with regard to regulations which require the exercise of
discretion by the City. However, subsequent discretionary
actions shall, whenever possible, be exercised in conformance
with this Agreement and with the official policies of the City
which are in effect on the date of execution of this Agreement.
They shall not frustrate development of the subject property for
the uses and to the intensity of development set forth in the
Land Use Permit.
E. In the event that governmental laws or regulations
enacted after the effective date of this Agreement or action by
any lending institution involved in financing the project,
prevent full compliance with any provision of this Agreement, the
parties agree that the provisions of this Agreement shall be
modified, extended or suspended as may be necessary to comply
with such requirement. Each party agrees to extend to the other,
its prompt and reasonable cooperation in so modifying this
Agreement or approved plans.
F. The City application feess processing fees,
inspection fees or other fees that are created or increased
during the term of this Agreement shall apply to development of
the subject property provided that:
(1) Such fees apply to all private projects or
works within the City.
(2) Their application to development of the
subject property is prospective only.
(3) Their application to development of the
subject property would not conflict with the terms, spirit and
intent of this Agreement, nor frustrate implementation or require
amendment to the approved project.
G. Other than as reflected in the approved project,
or any conditions associated therewith, the City does not
contemplate the necessity for additional reservation or
dedication of portions of the subject property for public
purposes. Any reservations and dedications for those designated
purposes in those portions of the property shall be imposed in
accordance with the City ordinances, standards and policies in
effect upon the date of entry of this Agreement.
7
H. The following fair share fees in conjunction with
the establishment of an assessment district will include the
following off-site improvements:
(1) Contribution to water main replacement and
looped fire protection system. The cost to be divided among
annexing properties on the basis of area.
(2) Contribution to the construction of traffic
signals at Capitolia Way and Broad Street in the amount of one-
third (1/3) of its total cost. The cost would be divided amount
the annexing properties on the basis of area.
(3) Contribution for the extension of Sacramento
Drive between Capitolia Way and Orcutt Road, some of which will
be paid by Southern California Gas Company under a previous
agreement and the remaining $60,000.00 to be divided amount the
other annexing properties on the basis of area.
An alternative plan would require the adjoining
property owner to pay for the cost of improvements at the time of
the development of that property in accordance with the standard
requirements for the proposed land uses. Cost for any
improvements in excess of that which is required for the
adjoining land would be pro-rated amoung Southern California Gas
Company and benefiting property owners on the basis of area.
(4) Contribution for the landscaped median on
Broad Street along fronting properties between Capitolia Way and
Tank Farm Road left-hand turn pockets will be as approved by the
City of San Luis Obispo and the cost divided among annexing
properties on the basis of area.
(5) Contribution for the Southern Pacific
Railroad grade separation at Orcutt Road; no boundaries for the
assessment district have been determined and no cost estimate
made.
(6) Contribution for the intersection
improvements at Broad Street and Orcutt Road; no boundaries for
assessment have been set and no cost estimate made.
(7 ) Contribution for the drainage improvements to
prevent downstream flooding; no project has been authorized nor
have cost estimates been made.
8
Total contribution for all assessments shall not exceed
In the event that the anticipated formation of
Assessment Districts does not occur; or in the event that
affected properties neighboring the subject property are not
included within the Assessment District, then the City shall
consider:
(1) Pursuant to California Government Code
Section 66485 et. seq. , reimbursement of Owner from proceeds
collected as fees assessed against future development of the
affected neighboring properties for the portion of the cost of
improvements in the amount equal to the difference between the
amount it would have cost Owner to install such improvements to
serve the subject property and the actual cost of such
improvements.
(2) Said reimbursements shall be paid in
conformance with a "Plan for Collection of Fees and
Reimbursement, " to be prepared by the Owner and submitted for
review and approval by the City of San Luis Obispo, prior to the
approval of any building permit. Said "Plan for Collection of
Fees and Reimbursement" shall include a specific term during
which reimbursement shall be paid and a map of properties which
are subject to development and benefit from improvements
constructed by the Owner. Fees proposed shall be based on actual
cost of improvements.
I. Nothing in this Agreement shall be interpreted to
allow reduction of the Owner's entitlement less than that which
was approved by the City of San Luis Obispo. Said Agreement
shall not terminate merely by reason of Owner's proposing a
change in land use. Rather, this Agreement shall be interpreted
to mean that the City approval of any changes to the project
shall be subjet to the normal procedures required for zoning and
land use changes. Said Agreement shall not apply to proposed
changes in circulation, relocation of buildings in the project,
or in substantial changes of improvements on the property shown
on the approved Development Plan.
9
J. This Agreement may be amended in writing from time
to time by mutual consent of the parties hereto and in accordance
with the provisions of Government Code Section 65868, provided
that:
(1) Any amendment to this Agreement which does
not relate to the term, permitted uses, intensity of use, size of
buildings, provisions for reservation of land, requirements
relating to subsequent discretionary actions, or any conditions
relating to the use of the subject property shall not require a
public hearing before the parties may execute an amendment hereto
unless such a hearing is required by local ordinance or state
law.
(2) Any non-substantial deviations from the
approved development as determined by the Planning Director and
Director of Public Works, with respect to the location of
buildings and configuration, configuration of parking, or other
physical facilities do not require an amendment to this
Agreement.
K. City shall, after twelve (12) months from the
commencement of this Agreement and each twelve (12) months
thereafter, review the extent of good faith substantial
compliance by Owner with the terms of this Agreement. Such
review shall be limited in scope to compliance with the terms of
this Agreement pursuant to California Government Code Section
65865.1. Notice of such annual review shall include the
statement that any review may result in amendment or termination
of this Agreement. A finding by City of good faith compliance by
Owner with the terms of this Agreement, or a lack of finding to
the contrary, shall conclusively determine good faith compliance
up to and including the date of said review. The City shall
deposit in the mail to Owner a copy of all staff reports and, to
the extent practical, related Exhibits concerning contract
performance at least thirty (30) calendar days prior to any such
periodic review. Owner shall be permitted an opportunity to be
heard orally or in writing regarding its performance under this
Agreement before the City Council, or, if the matter is referred
to the City Planning Commission, before said Commission.
10
L. Written notices and communications between City
and Owner shall be sufficiently given if dispatched by prepaid
first class mail, certified, return receipt requested, to the
addresses provided hereinabove or to such other persons and
addresses as either party may from time to time designate.
M. 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 inability of
Owner to obtain financing, enactment of conflicting state or
` federal laws or regulations, new environmental regulation,
litigation, or similar bases for excused performance. An
extension of time for such cause shall be granted in writing for
the period of the enforced delay, or longer as may be mutually
agreed upon.
N. Default, Remedies, Termination:
1. The parties agree that unless this Agreement
is terminated pursuant to the provisions of this Agreement and/or
violation of existing ordinance or law, this Agreement shall be
enforceable by any party hereto notwithstanding any change
hereafter in any applicable plan, regulation or policy adopted by
the City, which change alters the regulations and policies
applicable to the development of the subject property at the
effective date of this Agreement, as provided by Government Code
Section 65866.
2. Subject to extensions of time by mutual
consent in writing, and subject to the provisions of Sections E
and M, 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) ,
11
the party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
3. After notice and expiration of the thirty (30)
days (or extended) period, either party to this Agreement at its
option may institute legal proceedings pursuant to this Agreement
5
or give notice of intent to terminate the Agreement pursuant to
California Government Code Section 65868 and regulations of the
City implementing said Government Code Section.
Following notice of intent to terminate, the
matter shall be scheduled for consideration and review in the
manner set forth in Government Code Sections 65865, 65867, and
65868 and City regulations implementing said Section by the City
Council within thirty (30) calendar days.
Following consideration of the evidence presented
in said review before the City Council, either party alleging the
default by the other party may give written notice of termination
of this Agreement to the other party.
Evidence of default my also arise in the course of
a regularly scheduled periodic review of this Agreement pursuant
to Government Code Section 65865.1 . If either party determines
that the other party is in default following the completion of
the normal scheduled period review, said party may give written
notice of intent to terminate this Agreement, specifying in said
notice the alleged nature of the default, and potential actions
to cure said default where appropriate. If the alleged default
is not cured within thirty (30) days or within such longer period
either specified in the notice or during which diligent attempts
to cure the default are pursued, or the defaulting party waives
its right to cure such alleged default, this Agreement may be
deemed terminated at the option of the non-defaulting party.
4. 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.
12
5. The Agreement shall be construed and enforced
in accordance with the laws of the State of California.
O. In the event of any legal action instituted by a
third party or other governmental entity or official challenging
the validity of any provision of this Agreement, the parties
hereby agree to cooperate in defending said action.
P. 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.
13
EXHIBIT "A" REFERRED TO IN DEVELOPMENT AGREEMENT
By and between City of San Luis Obispo and 2083 General
Partnership, a California corporation, relative to the
development known as Lot 92, San Luis Obispo Suburban
Tract
The approximate location of said property is herein
described in the following legal description and map shown below:
In the City of San Luis Obispo, County of San Luis
Obispo, State of California, Lot 92, San Luis Obispo
Suburban Tract, San Luis Obispo County, California.
Also identified by Assessor's Parcel No.
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