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HomeMy WebLinkAbout07/21/1992, 3 - GP/R 1261 - CONSIDERATION OF A GENERAL PLAN AMENDMENT, PRE-ZONING AND 78-ACRE ANNEXATION KNOWN AS THE BROAD STREET ANNEXATION. THE ACTION WOULD AMEND THE GENERAL PLAN LAND USE ELEMENT AND ZONING MAPS TO CHANGE THEIR DESIGNATIONS TO SERVICE I,INnI�►II�IIIIIIIIII�II�IIII MEETING GATE: II in��ui► MY Of san LUIS OBISPO 7-,91- r2-- COUNCIL 2--COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director BY: Jeff Hook, Associate Planner SUBJECT: GP/R 1261 - Consideration of a general plan amendment, pre-zoning and 78-acre annexation known as the Broad Street Annexation. The action would amend the general plan land use element and zoning maps to change their designations to service- commercial (C-S-S and C-S-PD) and manufacturing (M-S) between Broad Street and the city limits. CAO RECOMMENDATION: 1) Adopt a resolution amending the General Plan Land Use Map from Rural Industrial and Interim Conservation/Open Space to Service Commercial/Light Industrial; 2) Introduce an ordinance to print pre-zoning the annexation area to C-S-PD, C-S-S and M-S as shown on Exhibit "C" ; 3) Approve a model Pre-Annexation Agreement to be entered into between the City and interested property owners prior to final annexation; and 4) Adopt a resolution of application to LAFCo, and authorize staff to submit to LAFCo the final annexation application for the Broad Street area. REPORT-IN-BRIEF The report concludes that annexation is appropriate and would be consistent with city land use and annexation policies, and recommends that the City proceed with annexation through the Local Agency Formation Commission (LAFCo) . Updated information on the implications of annexation, environmental issues, public improvements, and future steps in the annexation are also included. BACKGROUND At its June 16, 1992 hearing, the City Council certified the final environmental impact report (FEIR) for the Broad Street Annexation, culminating a one-year environmental review process involving extensive public review and numerous meetings between city staff and annexation area property owners. In its 1991 workprogram, the City Council designated the Broad Street Annexation as an "A-1" priority. The annexation was originally requested by the Southern California Gas Company in 1986 and referred to as the "Southern California Gas Company Annexation. " The City Council has initiated reconsideration of the annexation after having continued the item 3-/ ���min►►►I�IIIIIIIIIII1i°''���I��IIU city of san LUIS OBlspo COUNCIL AGENDA REPORT Staff Report Page 2 four years ago. The City, not Southern California Gas Company, is now the applicant. The annexation area includes 78-acres which, visually and geographically, are a logical addition to the city. This is the first major annexation considered by the City Council since the Ferrini/Foothill annexations were approved in 1984 , and it is the first non-residential annexation proposed since the 80-acre Higuera Commerce Park was annexed in 1972 . As part of the much larger Airport Plan, the annexation shares many of the same land use and environmental issues; yet, due to its history and location it is unique and without parallels elsewhere in the city. Moreover, the annexation comes at a time when the City is updating several elements of its General Plan, and facing significant economic challenges. SIGNIFICANT IMPACTS The recommended actions are covered by the City Council 's action to certify the Final EIR taken on June 16, 1992 . The EIR identifies five significant environmental impacts: traffic, water and sewer service, drainage, and air quality. Mitigation measures i are required by the EIR which will prevent these impacts or reduce their significance to acceptable levels, except for air quality. In the case of cumulative air quality, there were significant unavoidable impacts that required a statement of overriding considerations to be adopted with the EIR (Section 15093 . of CEQA Guidelines) . The mitigation measures are implemented by the City (eg. water retrofit program) and by property owners as a condition of new development. To meet State law, the FEIR includes a monitoring program listing persons or agencies responsible for the mitigation and the timeframe for mitigation. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION The City is under no mandated deadline to pre-zone or annex the property. By not proceeding with annexation or by postponing actions necessary for annexation, it will become more difficult to annex the area or plan for its orderly development as the remaining vacant properties build out under County jurisdiction. In this case, future development would proceed under County standards which are generally more appropriate for non-urban locations. County government would derive additional revenue which it would want to retain, if and when annexation eventually occurred. Whether or not the area is annexed, the City will be impacted by S4 ����►�►�+�iiu►111111111i° II�IN city of San tAS OBISpo ON COUNCIL AGENDA REPORT Staff Report Page 3 development in the area, given that it is virtually surrounded by the City. Under less-stringent County development standards, the area may continue as an enclave of developed and underdeveloped properties surrounded by the City, but without contributing property or sales tax to the City. Data Summary Project Address: 3800 Broad Street (State Highway 227) Applicant: City of San Luis Obispo Representative: Jeff Hook, Associate Planner County Zoning: Commercial-Service (C-S) and Industrial (I) General Plan: Rural-Industrial, Interim Conservation/Open Space, Low-Density Residential (Edna-Islay Specific Planning Area) Environmental Status: . Final EIR has been certified. Site Description The site covers 78. 06 acres and slopes gently down toward Broad Street. Surrounded by the city on three sides, it is bounded by Broad Street on the west, Sacramento Drive and Tract 929 (Edna- Islay Specific Planned Area) on the east, Tank Farm Road on the south, and Capitolio Way on the north. The site consists of 14 parcels, involving 13 different property owners. About one-half of the annexation area, once used for dryland farming and grazing, remains vacant today. Major uses include Williams Brothers market, Derrell 's Mini-Storage warehouses, Coleman Company, Inc. office building (EMI offices) , an architect ' s office, Plumbers and Steamfitters Union building, United Parcel Service, an industrial building with various uses, and several small houses and utility buildings. PLANNING COMMISSION RECOMMENDATION At its December 11, 1991 and January 8, 1992 meetings, the Planning Commission reviewed the DEIR and asked the consultant to provide more information on the annexation's effects on creeks, water and sewer capacity, runoff and groundwater recharge, traffic, housing and funding of public improvements. These and other public comments have been responded to in the Final EIR. The proposed pre-zoning strategy was recommended by the Planning Commission as part of the Southern California Gas Company annexation hearings. EVALUATION Staff believes the city's interests are best served by proceeding with the annexation at this time. The chief reasons to support annexation appear to be its value as a tool for improved planning �-3 ���H����H►►uIIIIIIIIIP10 ����III city of San Lu1S o81Spo COUNCIL AGENDA REPORT Staff Report Page 4 at a prominent city "gateway, " and to implement the city's economic objectives of the Strategic Planning Program. As proposed, the annexation appears to be in the city's best interests because it would 1) promote higher quality development at the city's edge, 2) allow more effective land use planning within the urban reserve, and 3) secure needed public improvements consistent with city development standards. Annexation would not set a broad precedent for future annexation requests, significantly increase city costs or resource demand, nor limit council options in dealing with land use in the airport area. In staff ' s view, the key issue is not whether to annex, but rather, when to annex and what improvements to require of property owners. Since 1986, this area has been included in and studied as part of the Airport Specific Plan. Concurrent staff review of both projects has allowed a much more comprehensive study of the annexation than would normally be possible. Issues like land use, traffic, and drainage for the 78-acre annexation were also part of the analysis for some 1800 acres within the Airport Area. Why Annex Now? There appear to be three factors supporting annexation at this time: 1) Timing. Very little development has occurred in the area since Council last discussed annexation. However two large projects are expected to start construction this summer. It is desirable to annex the properties now to ensure that future commercial developments meet city standards and that they have the necessary urban services. 2) Property owner support. Of the area ' s 13 property owners, most have told staff that they still support annexation. Most property owners agree that the properties are logically part of the city, and would to develop in the city with reasonable assurances that: 1) urban services would be available under the same rules and procedures applying to current city property owners; 2) public improvement costs would be manageable and installation timing flexible; and 3) pre-zoning allows a broad range of commercial uses, consistent with both the property owners ' and city objectives for the area. (Several of these assurances are incorporated into a "model" pre-annexation agreement, as discussed later. ) 3) Fiscal health. More than ever, cities and counties are relying on sales tax revenue to fund a larger share of public costs. Commercial properties usually generate more revenues with fewer public costs than residential properties on an acre-for-acre basis. �������►�►►►I�IIIIIIIIIIpIIl��ll city Of San Lacs OsispO COUNCIL AGENDA REPORT Staff Report Page 5 Moreover, commercial development provides jobs for local residents, again strengthening the tax base and local economy. Hence, it is clearly in the city's best interests to annexation this area and support an appropriate level of commercial development. Annexation Area Changes Since the council last reviewed annexation of this area, property owner Jay Parsons constructed a new 85, 000 square foot industrial project with self-contained water, sewer and fire suppression systems. Plans are currently being reviewed by the county for the following projects in this area: • Williams Brothers Expansion, Lots 91/92. Building permits were recently issued for supermarket remodel and the development of about 135, 000 square feet of retail space. Construction is expected to begin in Summer 1992 . • Plumbers and Steamfitters Local #403, Lot 94. The Union is planning a 65, 000 square foot service-commercial complex on its 5.72 acre site. • Southern California Gas Company, Lot 95. A new administrative facility and corporation yard has been approved by the County and construction is expected to begin by the end of summer. In addition, conceptual plans have been prepared for: • Mel Jones property, Lots 98 and 99. A large service- commercial center with a large home improvement store is in the early planning and design phases for this 11 acre site. Planning Factors This annexation is unique for San Luis Obispo, and does not "fit" the typical pattern for annexations in that: ■ It involves multiple property owners and 14 lots in various stages of development. ■ Five of the lots already receive or have city agreements to receive city water and/or sewer service. ■ The annexation area is within the Airport Specific Planning Area which involved a cooperative planning effort by the City and County of San Luis Obispo. 3r� ����►��►�ii►�Illillllllll1°°�u��Ulll city of San LUIS OBISpo i COUNCIL AGENDA REPORT Staff Report Page 6 ■ Diverse land uses are existing and proposed, including retail, manufacturing, and service-commercial businesses. ■ City sewer and water mains exist in streets on all sides of the annexation area, except in Industrial Way. ■ Recent county approvals have allowed development of a scale and intensity in the area comparable to development in the adjacent incorporated area. ■ Commercial development in the annexation area is imminent and the City would realize additional sales tax and other revenues through annexation to help defray City costs resulting from this new development whether it occurs in either jurisdiction (eg. costs for public transportation, street improvements, emergency services) . DISCUSSION General Plan The annexation appears consistent with city annexation and land use i policies. According to the Final EIR, annexation will not induce growth since the area is likely to develop with similar, although somewhat less intensive uses, under County jurisdiction. Under either City or County jurisdiction, development is expected to result in similar employment generation and housing demand. If the area is not annexed, it is expected to develop under County land use standards which allow a broad range of urban-type industrial, commercial, and manufacturing uses and served by on-site water and sewer facilities. The General Plan land use element map designates most of the Broad Street Annexation area as "Rural-Industrial. " This designation is applied to areas where industry is mixed with agricultural uses; however agricultural uses within the annexation area were discontinued many years ago. The remainder of the area, adjacent to the Edna-Islay Specific Plan area, is designated as "Interim Conservation/Open Space. " This designation is applied to areas which will be kept open until urbanization is appropriate. Consistency with Draft Land Use Element The City' s Draft Land Use Element Map (LUE) designates a mix of service-commercial and residential land uses, which may not be consistent with the proposed pre-zoning. In November 1991 the City Council endorsed a "draft" Land Use Element for environmental ���N�»rullVlllllllll CI C 11°;TUTU Y Of San JI S OBISPO COUNCIL AGENDA REPORT Staff Report Page 7 review purposes and for initiating public hearings on the draft LUE and Circulation elements. The draft LUE identifies the portion of the annexation area bounded by Industrial Way, Broad Street, Tank Farm Road, and the Edna-Islay specific planning area as suitable for medium-density residential use. The proposed annexation, general plan amendment, and C-S-S pre-zoning for this is area is not consistent with the residential designation shown on the draft LUE map. If the City Council supports annexation, it should consider which land use designation is most appropriate and give direction to staff so that the proposed general plan amendment/pre-zoning and draft LUE map designations are consistent for this area. Factors to consider are discussed below under "Pre-zoning/Land Use. " It is important to establish the City' s preferred land use designation at this time so that it can be reflected in the draft LUE and evaluated as part of the environmental impact report on the LUE. The County's adopted Land Use Element designates the area "Industrial" , with the exception of Lots 90 and 91 (Williams Brothers Market) which is designated as "Commercial Service. " The annexation area is within the "Airport Area Study Boundary" as jointly defined by the City and County. If the area is not annexed, County staff indicate that this area will be incorporated into the Airport Area Specific Plan as part of the County' s Land Use Element Update in late 1992 or early 1993 . The proposed annexation appears consistent with these city General Plan policies: a. The city should provide for "future minimized outward urban expansion within the unincorporated urban reserve which can be efficiently served by urban "infrastructure" improvements; b. Urban development should be timed to assure that adequate water facilities and other public facilities will be available to serve the future uses in a safe and efficient manner; C. No annexations of major unincorporated expansion areas should be authorized until water supply and treatment and sewage collection and treatment need can be met in addition to the expected demand of incorporated areas. d. In designated service commercial/.light-industrial areas, the City should support the concept of "planned unit" industrial developments where unified landscaping, signing, building design, service capabilities and adequate circulation can be ensured. ,1111i jjIIIIIII1I1111I1 city of San Luis OBISpo COUNCIL AGENDA REPORT staff Report Page 8 e. The City should emphasize the adequacy of landscaping, signing and building design of service commercial uses which are situated along entry corridors into San Luis Obispo, particularly areas within the urban reserve along State Highway 227, Tank Farm Road, and South Higuera Street. Water and Sewer Water Allocation Regulations require a water allocation for all actions within the city which would increase water use. Build- out of the annexation area would increase the City's total water demand by about 183 acre feet, or 2 percent over current levels. The 183 acre feet of water required for build-out represents retrofitting approximately 6100 dwellings. New development will be required to offset the increased water use through retrofitting. This estimate does not include water savings from on site wells which are expected to supply non-potable irrigation water. This could reduce city water demand by up to 30 percent of the total demand, or about 55 acre feet per year. Five lots already receive or are eligible to receive city water and/or sewer services: lots 90-91 (Williams Brothers) , 95 (Southern California Gas Company) , and 98-99 (Mel Jones) . Under current policies, these lots may be annexed. If not annexed, the remaining eight lots would have to rely on on-site water and waste disposal systems. In the four years since Council last reviewed the annexation, the City faced serious drought conditions and implemented conservation measures to balance water supply and demand. This annexation could seem inconsistent with city efforts to conserve water and limit new demand; however with the City's mandatory water offset program, new development will be required to retrofit existing buildings to save twice as much water as the new development would use. Consequently, no significant impacts to water supply are anticipated. On-site groundwater will provide water for landscaping and other non-potable uses. Full build-out of the annexation area under City zoning is expected to increase sewage flow by up to 0. 10 million gallons per day (MGD) , or 2 .5 times the flows expected under County zoning (due to existing sewer agreements) . This "worst case" assumes that properties currently on septic systems convert to sewers, and represents about 2 percent of the sewer treatment plant's total capacity. Since properties with existing septic systems would have the option of continuing to use septic systems which meet current County standards, actual sewage flows are expected to be less. The 3-� ��+++�»>I►il(VIIIIIIIIIIp1 �U��l city of San ..AIS OBISpo Nii% COUNCIL AGENDA REPORT Staff Report Page 9 Utilities Director concurs with the report 's findings that annexation will not, with the proposed mitigation, adversely affect city water and sewer services. Development in the annexation area will trigger the need to upgrade or replace two nearby sewer lift stations. These improvements would be paid for through sewer impact fees to be developed by the City and assessed on new development served by the lift station. City Standards and Requirements Upon annexation, properties would be subject to the same development standards and requirements that apply to other city property owners with regard to water retrofitting, impact fees, and public improvements like streets, sidewalks, traffic signals, and utility connections. For example, traffic impact fees (if adopted by the City) and street improvements would be required at the time of property development, rather than at the time of annexation. With new development or with significant remodelling of existing buildings, new construction would need to meet city standards. Where the cost of remodelling or new construction exceeded 50% of a structure's replacement cost, the existing structure would need to brought up to current codes. Upon annexation, projects currently in the "pipeline" -- Williams Brothers shopping center and the Southern California Gas Company Corporation Yard can proceed under valid County permits issued before annexation. These projects were reviewed by the City as "County referrals" during County development review. Depending on when construction actually began and its duration, it appears that building inspections would be conducted by both City and County staff under agreements with the developers. Final EIR and Mitigation The mitigation strategy is based on the premise that it is new development, not annexation per se, that triggers the need for environmental mitigation. Consequently, most mitigation measures would be implemented as conditions of approval for new development, or for redevelopment where the cost of the improvements exceeds 50 percent of the existing structures ' replacement value. This approach results in a more logical "nexus" between potential impacts and the recommended mitigation. Properties with on-site sewer or water systems which meet County Health standards may continue until such time as the property is redeveloped to the extent of 50 percent or more of its replacement cost, existing systems fall below health standards, or the property owner chooses ���n�in►►►�illllll�ll° llUl�l City Of San suis OBISPO Mii% COUNCIL AGENDA REPORT Staff Report Page 10 to hook-up to City water or sewer. To meet Fire Department requirements, a total three fire hydrants must be installed along the frontages of lots 3 , 4 and 93 . It is anticipated that the City will implement future major street improvements such as orcutt Road widening and grade separation, bikelanes on Broad Street, and traffic signals at Broad Street and Capitolio Way and Broad Street and Industrial Way with revenues from a citywide traffic impact fee being developed by the City Engineer and/or development conditions. Additional traffic signal funding is expected from adjacent properties and from CalTrans. For example, as a condition of County approval, Williams Brothers is required to contribute 25 percent of the cost of installing the traffic signal at Broad Street and Capitolio. Way. Pre-zoning/Land use When it reviewed the "Southern California Gas Company Annexation, " the Planning Commission voted to recommend that the Council amend the general plan, pre-zone the area for service-commercial and industrial uses, and proceed with the annexation. Most commissioners felt that the annexation was consistent with city policies and in the public' s interest due to the improved development standards and increased city revenues resulting from annexation. Dissenting commissioners felt that while annexation may be desirable in the future, it should be postponed until water and sewer resource limitations were resolved and the city had completed its general plan update. Staff's proposed pre-zoning is shown in Exhibit "C" . This pre- zoning strategy is consistent with the General Plan and established land use patterns in the area. It emphasizes service- commercial/light industrial uses for lots with Broad Street frontage, and manufacturing for lots with frontage on Sacramento or Industrial Way. Due to the "S" or "Special Considerations" overlay zoning, new development would require a Planning Commission use permit. This would allow special review to address development concerns of circulation and driveway access, drainage and creek preservation, public improvement needs (eg. traffic signals, street improvements, utility extensions) , and land use compatibility. The Williams Brothers shopping center was approved by the county with a mix of retail, office and service-commercial uses under a conditional use permit. It would be pre-zoned C-S-PD with uses and design guided by the center' s use permit. The proposed pre-zoning may not be consistent with the City's Draft Land Use Element which is now undergoing environmental review. The �' a �������►�N1�11011111IIN�u►q�ppl city of San _ .AIS OBISpo NOMM"101COUNCIL AGENDA REPORT Staff Report Page 11 draft plan designates the north one-third (Lots 90, 91, 92) as Neighborhood Commercial, the middle one-third (Lots 93 , 94 , 95, 11 21 3, and 4) as Services and Manufacturing, and the south one- third (Lots 98 , 99, and 100) as Medium-Density Residential. Residential designation was seen as a way to help balance housing opportunities with increased housing demand due to anticipated commercial growth. The pre-zoning strategy follows current land use policies which discourage new residential development along arterial streets and emphasize that residential uses should "be insulated from adverse noise and other traffic impacts. " While some dwellings may be incorporated into future development of Lots 98 -100 under the recently adopted "mixed-use zone, " staff believes the preferred strategy is to pre-zone these lots C-S-S and revise the Draft LUE accordingly because: 1. Allowed uses under a C-S-S zone are consistent with the Land Use Element, and less likely to pose land use conflicts due to noise and traffic. 2 . The Edna-Islay Specific Plan designates this area for service- commercial uses, and provides for 20-foot buffer zone, in addition to yards required by zoning, for the C-S lots such as Lots 98 - 100 that abut residential uses. 3 . Mixed commercial/residential development is possible under the C-S-S zoning with Planning Commission approval, similar to the Crossroads commercial center located on Broad Street at Orcutt Road. 4 . The Medium-density Residential pre-zoning was not evaluated as part of the Broad Street Annexation EIR, although the alternatives section did evaluated a mixed-use residential/commercial land use alternative. 5. Property owners understand and generally support the proposed pre-zoning strategy, since it was discussed extensively and ultimately endorsed by the Planning Commission. Public Improvements In discussions with city representatives, the majority of property owners said they favored annexation, provided that the allowed mix of land uses was acceptable, annexation costs were not excessive, and annexation occurs in a timely fashion. Only those public improvements that are immediately necessary to protect life or property are required upon annexation -- those consist of the ���»�H►�ulllllllllp1°j�IIUIII city Of San US OBISPO COUNCIL AGENDA REPORT ..........% Staff Report Page 12 installation of public fire hydrants and service main at Lots 3 , 4, and 93 . Property owner installation of other necessary but non- urgent public improvements is deferred until development or significant remodelling or additions occur, consistent with the EIR concept. At the time properties are developed, city code requirements must be met for fire protection, installation of curbs, gutters, sidewalks, street lights and street trees. LAFCo can require individual property owners within the annexation area to meet city development standards, thus requiring the installation of frontage improvements, street lighting, fire hydrants, and other typical subdivision improvements at the time of annexation. However, staff recommends these changes occur with development as typically required elsewhere in the city. Draft Pre-Annexation Agreements During review of the EIR, some annexation area property owners requested that the City prepare "pre-annexation agreements" that can serve to more formally document the responsibilities assigned in the Final EIR. As mentioned earlier, the Final EIR mitigation strategy is based on the premise that it is new development, not annexation per se, that triggers the need for environmental mitigation. In response to this property owner request, a proposed model pre- annexation agreement based on the above strategy has been drafted (Exhibit G) . The agreement describes the current status of the properties, the services that will be provided by the City, and property owner responsibilities (if any) . The text of the pre- annexation agreement is intended to be identical for all property owners. It is not mandatory that all property owners sign and return the agreement; rather, execution of such an agreement is a matter left solely to the discretion of the property owner and really depends on whether or not it adds to their "comfort level" as the City pursues the final stages of the annexation process. It will be executed by the City, upon property owner request, when the annexation is returned to Council for final approval. Council is being asked to approve the model pre-annexation agreement provided in Exhibit G. The individual agreement exhibits for each property owner are available for review in the Council reading file. ���n�►►ru►�uillllll�i° ���l�l city or San -AS osispo MoGa COUNCIL AGENDA REPORT Staff Report Page 13 CITIZEN PARTICIPATION This item was continued from council meetings on October 20, 1987; November 17, 1987; March 22 , 1988; and September 6, 1988 pending resolution of water/resources issues. Meanwhile, staff, Planning Commission and the Council have discussed citywide annexation issues including annexation history and policies, resource capabilities, open space preservation, growth management, and the Airport Area Specific Plan. Previous analyses and staff reports provide a fairly detailed policy context for this annexation request. Copies of these earlier reports are available in the council office and the Community Development Department. Planning Commissioners considered the annexation at three meetings between January and July 1987 . Due to the project's scope, the commission reviewed the annexation in two parts. At its April 29, 1987 meeting, the commission focused on general issued like General Plan policy and implications for water and growth management. Commissioners felt that the annexation was logical, provided that water, pre-zoning, and environmental concerns could be resolved. The commissioners continued the item and directed staff to come back with specific regarding pre-zoning, environmental mitigation and public improvements. At its July 8, 1987 meeting, the commission reviewed specific mitigation measures, water allocation strategies and pre-zoning alternatives. Commissioners voted 4-2 (one seat vacant) to recommend that the City Council approve the annexation and amend the Land Use Element Map and zoning map to change the designations to C-S-PD, M-S, and C-S-S (minutes attached) . The majority of commissioners supported the annexation subject to special provisions for water allocation, land use and public improvements. More recently, there have been hearings related to the draft and final EIR documents, as described in the June 16, 1992 staff report. Staff has also had a substantial amount of ongoing communication with property owners and their representatives, including a joint meeting on May 19, 1992 . One outcome of this meeting was the preparation of the optional pre-annexation agreements to more formally document EIR requirements for interested property owners. CONCURRENCES The Fire Department indicated that the installation of three fire hydrants is necessary to provide city fire protection to annexation area property owners. Because of the low-intensity of existing development, Fire Department staff acknowledge that other fire 3-13 �����►�►►�lu1111111�pi ���lll1 city of San tins OBISpo COUNCIL AGENDA REPORT staff Report Page 14 safety improvements such as fire sprinkler retrofitting and private fire hydrants may be made over an extended period of time as properties develop or redevelop. Other department which have reviewed and support the proposed annexation include Public Works, Community Development, Finance and Utilities. FISCAL IMPACT Due to the favorable revenue/cost ratio of the proposed annexation, staff does not anticipate any adverse fiscal impact to the City. Public costs of annexation include electricity (street lighting) , utilities, and street maintenance, flood control, and police and fire services. City revenue sources would consist primarily of sales tax, property tax increment allotment from the County (to be agreed upon prior to LAFCo action) , franchise tax, utility users tax, real property transfer tax, and business taxes. An analysis by the Finance Department shows that initially, City revenues resulting from annexation would exceed City costs to provide public services to the area by a factor of 1. 5 to 2 times. As the annexation area developed, the ratio of revenues to costs is expected to increase. For example, at build-out, it' s conservatively estimated that annual gross revenues from the annexation area would total about $600 to $700 thousand dollars, or about 2 . 2 to 2 . 6 times City costs. The proposed mitigation measures require City participation in several public improvements in the annexation area. These may include traffic signal installation, sewer and water main extensions, street and bike lane improvements. The cost of these improvements will depend on the timing and location of development in the annexation area, and will be "spread out" over approximately 5 to 10 years necessary for area build-out, and will be reimbursed to the City through increased tax revenues and user fees in the annexation area. NEST STEPS As mentioned above, if the Council amends the General Plan, pre- zones the annexation area, and adopts the Resolution of Application to LAFCo, the annexation application will be submitted to LAFCo. Following favorable action by LAFCo, the City will conduct a "protest hearing. " This is not expected to take place before late 1992 . The annexation would then become final, unless objections were received from owners of property constituting 50 percent or more of the assessed value of the area to be annexed. Until annexation proceedings are complete, the County of San Luis Obispo would continue to process planning and construction permit 3i ���ii��►�►il�llllllllll► IIIIhI city of sar, , ,IIs OBIspo COUNCIL AGENDA REPORT Staff Report Page 15 applications, with referrals to City staff for review and comment. ALTERNATIVES Alternative actions available to the council include: 1. Amend the General Plan and pre-zone the annexation area as shown in the Draft Land Use Element Update. This approach is not recommended because it would be inconsistent with current Land Use Element policies and would be less likely to achieve Council goals of annexation for 1) better planning at a major City gateway; and 2) greater fiscal independence. 2. Postpone action on the annexation request pending further results of the test well program. There is no mandated deadline for acting on general plan amendments or annexations, and the council may defer acting on the request indefinitely or for a specified period. Council may wish to postpone action pending completion of new wells and related distribution system; or until the General Plan update or Airport Area Specific Plan have received preliminary council review and/or approval. 3. Deny the annexation. The annexation area can be expected to develop at a slightly reduced intensity under county standards, due to the lack of urban services and the additional lot area required for on-site waste disposal, runoff detention, and wells. Esthetics and needed public improvements may continue to be a problem under county development standards. The City will not realize any increased revenues from new commercial development in the area, despite the fact that it appears to be part of the city and is within the market area for the growing Edna- Islay neighborhood. 4. Continue action to date certain. Council may wish to continue the item to a date certain to allow staff to address specific concerns. RECOMENDATION Adopt the attached resolutions and ordinance to amend the General Plan and pre-zone the annexation area, and to initiate annexation proceedings with LAFCo. "����►�Ni�lllllll���° ���ll city of san tuts oBispo COUNCIL AGENDA REPORT Staff Report Page 16 ATTACHMENTS Draft Resolutions Draft Ordinance Vicinity Map Exhibit "A" - General plan amendment, GP/R 1261 Exhibit "B" - Pre-zoning map Exhibit "C" - Draft Land Use Element Update map Exhibit "D" - County approved use program for Williams Brothers project Exhibit "E" - Proposed Annexation Map Exhibit "F" - Proposed Annexation Legal Description Exhibit "G" - Model Pre-Annexation Agreement Planning Commission Minutes NOTE: Available for review in the Council Reading File are: (1. ) Draft Pre-Annexation Agreements for all property owners; and (2 . ) the annexation application. 1 RESOLUTION NO. (1992 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP FROM RURAL-INDUSTRIAL AND INTERIM CONSERVATION/OPEN SPACE TO SERVICE-COMMERCIAL/LIGHT INDUSTRIAL IN THE BROAD STREET ANNEXATION AREA, 3800 BROAD STREET, (GP/R 1261) . WHEREAS, the Planning Commission and the City Council have held public hearings on this amendment in accordance with the California Government Code; and WHEREAS, the amendment comes to the City Council upon the favorable recommendation of the Planning Commission; and WHEREAS, the City Council has certified the Final EIR for the Broad Street Annexation and potential environmental impacts of the annexation and general plan amendment have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. NOW, THEREFORE, the Council of the City of San Luis Obispo resolves as follows: SECTION 1. Findings. 1. The proposed general plan amendment is consistent with other elements and policies of the General Plan, and with the Edna- Islay Specific Plan. 2 . The proposed general plan land use designation is appropriate at this location, and will be compatible with surrounding land uses. Council Resolution No. (1992 Series) Page 2 3 . The proposed general plan amendment will not be detrimental to the health, safety, or welfare of persons living or working on the site or in the vicinity of the project site. SECTION 2 . Environmental Determination. The City Council has considered the Final Environmental Impact Report for the Broad Street Annexation which addresses the proposed general plan amendment, and determined that the Final EIR complies with the California Environmental Quality Act and the City' s Environmental Guidelines, and has certified the Final EIR, including mitigation measures and monitoring program as specified in Council Resolution No. 8023 (1992 Series) . SECTION 3. Map Amendment. The General Plan Land Use Element map is hereby amended from Rural-Industrial and Interim Conservation/open Space to service-Commercial/Light Industrial, as shown in Exhibit "A. " The Community Development Director shall cause the change to be reflected on maps on display and published by the city. On motion of seconded by and on the following roll call vote: YES: NOES: ABSENT:' the foregoing resolution was passed and adopted this day of , 1992 . 3/� Council Resolution No. (1992 Series) Page 3 Mayor Ron Dunin ATTEST: City Clerk, Pam Voges APPROVED: r Cit Adminis ative fficer t tto ne G-r Communi 6y Development Director 3�9 -S- t:•f:•'::ii:'S':�::jY:i[:�••iili ;+jj+i:•:.':ij::.:'i::'r:. ' + : 1. 2i1 __.�_•_=_ :;i•;;':�.•'.y ;e ii=;;r: r"SN;' ryfry;';'�'�''�'�'NV�- C ..,..•'':ihfe:�%r+�:�Y.`Iji;j;:� J CLP � . N �fP a-N-SP GP/R 1261 VICINITY MAP . " -�� - Y,'�J9s7i�j�U"��'y��s`��J�'!+Y;_'a r{, .y�}•f{iti};kf:�:;�F;�:' _ _ ,�• 2'� . __ -�_ Y;�3< 3 � D ti, .r{nr':S'.},.::.yr h •,4 y ___ _ __ _ _ _ h •N R;:.. �._ .- ~- ' -r-r - J:�r;y r-'ah' S7 i•�a, r/��..r.: r: -_ _-_ _ •,: .. :?;,,�`•:•%';'s t 3•' , r','M.. �'_Iw!'►?1�3!+rU 7- _ jD',�,.)1i...{,,,�+iYv'.a,'�''t' �;�� �'':��.�•'^•.'. - _ i. '_S i.l. ')J%Ji";�',:'•:'S OR j. \�_� ��_ �� v r�!Ji;Y:\• - _ 1`iJ� l �;}:moi? .(:•'1��•y.. Amend General Plan from Rural- =_ Industrial and Interim Conserva- _ - '`'' tion en Space to Service-Com- mercial/Light Industrial ........:::::: c :W_-Z:, .. r a y7'it'I* .T'�e, =517-1 .+i•�'r R''L• S,'M •T �r)•alr YLr i g r h :ate• c ;},'' f.G' �"rl fa•r,.�s. 'Gly"g" �r � � 'vi„� r�,:,e moi• -�t rr�t, .:J a•�J �4y�y vey.r �i�vray�y.��` Y eFkr i"raj T�C�y/` `P�y rs,ry� •fS,._' '^•'l!T a•' ^h �2r\..: ,cy� r..n' f•^ 'J�ygq ,'-Yt�_�:yR �� �t." 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S'((��\- r'� � r((�� �. �..ar�.1'`�C.�m. }�ti".r rki4f^-.r- rv. rt+ 'f r. .c.r. rr•fl]':r.f•.t r�: S tort r�ir�•`rrt:f.�4 C-+�' t. r`�5+i"!�ri� L.�Prr.'.rte hi(�-V:(•,�.T• �'-:':.1+• r7',' r•i+�'y '!rr�K`• of r. ,,;,..._,r...-n �i+ iyl:.rF.f'.••. :1:'j��'r C T`i m.�.r r� C,rP�rw_ ':t(�r�: ��C'F�'i• r`rr..:•f f�.-' �Y"5�...L�.,I .Y, I rY.� rt�rStr �.T•-r YYY•�:,.�' 4 •7 r eY...t j': L�\ '7:: �'r-. •• r.r�' r .w.YJ,:r. ,f Ftr••, r r4it�•♦' 'r�r �( �.. 'I!` . .,C Y. Y.h:: r�. Rrr:Lr(�,�;�f•�rjr.�•�F-;�'1[��; '•t';r��`�:.:.. 7A^ < f• cd r^.I'Y'ff T'�'•�6�'!Y r�TtsfC 1• `r r-�`.Y r� EnEal planlanO use $ 1 . oo = BOUND PUBLIC ••;,- ). +• CONSERVATION/OPEN SPACE --- CITY LIMIT a vta,ery of categones Most we Areas marled for conservat orVapen space are to ne e: preselvetl gererally n then natural stale or n agr,cultum All ■tft�t� URBAN RESER\ t ;JH-Jl ligh,HS-Senor Nuhn other uses wollo not be ruled out but generally would be The hnvt of patenuel urban I c9bQC P-POlce Station,N-HOSPUd hmLed to Iaw-n+pact recrea4anal aCtiv2leS Such as maing stable..Cres(areas ere Protected m uve cau,•liry but M. ,6XWOLM1111 DEVELOPMENT scale of tho map does not PCrrnL graPnc retr-t:yentat,an T',•s The tantlmy bemoan Core a to be a roncentrauon of gwa,n des,grwuor,nckroes prwate anal JX06C land', dasgvrted far coat tae re• offices Pka Conpauble,Caresses. INTERIM CONSERVATION/ �� MAJOR EDCPANI OPEN SPACE Larger areas of enter+tal. Z/Is TINS a Ile desi nt.m ren areas witch wni, outside clte present rAY 1rn: 106res cultural eas bm s m 046. aP g' x.apt npe,• - before developrner t ran pro I tvmrerelel areas bes�oes um aa:a uloar*:etwn a apr'un-.LP.sucn;,:.;re ey:,�ns�on areae„�; S,de the orm;enL C4,Inrm , SIcc11.0 p,'Opm,d,'pr:M1ee1f••'•-••. must be aUpraved alun,:w,Lh Of!'LFW Je to an n,Len Lt,v i b.,• ous"t-o+ nasty and hegnbornood use ure t-:-- RURAL-INOUSTRIAL EXHIBIT A 1{ Ttis tt""u 6 apd'ad to mese-nate vtpustry 1e msetl ORDINANCE NO. (1992 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TO AMEND THE OFFICIAL ZONE MAP TO PREZONE APPROXIMATELY 78 ACRES IN THE BROAD STREET ANNEXATION AREA (GP/R 1261) . WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate zoning for the proposed annexation area in accordance with Section 65800 et. seq. of the California Government Code; and WHEREAS, the proposed zoning has been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Impact Guidelines, and a Final EIR has been certified for the project; and WHEREAS, the proposed zoning promotes the public health safety, and general welfare of the Citizens of San Luis Obispo; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Zoning Map Designations. That the annexation area be zones as C-S-PD, C-S-S, and M-S as shown on the map attached hereto, marked Exhibit "C" , and included herein by reference. This pre-zoning becomes effective upon the date of final city council action on the annexation. SECTION 2 . Planned Development (C-S-PD) Requirements. Development and land uses on lots 91 and 92 , zoned C-S-PD, shall be regulated by the San Luis Obispo County-approved use permit (G860522 : 1A) and development plan (D860154D) for the Williams Brothers Shopping Center; moreover, said use permit and development are incorporated into this ordinance by reference, and are attached hereto and marked Exhibit "D. " 30?� Ordinance No. (1992 Series) Page 2 SECTION 3. Special Considerations Zoninci. Lots 92 through 95, 98 through 100, and 1 through 4 , inclusive are designated with the Special Considerations (S) overlay zoning to address the following land use concerns: 1. Regulation of vehicular access to Broad Street (State Highway 227) , including common access provisions and special frontage design measures to improve traffic safety. 2 . To allow the city to secure necessary public improvements concurrent with new development, including but not limited to: utility extensions or improvements, frontage improvements and street trees, street improvements and traffic signal installation, Sacramento Drive extension to Orcutt Road, street lighting, and fire hydrants. 3 . To address area-wide drainage problems and the need for a coordinated approach to handling storm runoff, through on- site area regional detention basins; or through participation in an Airport Area drainage assessment district. 4 . To insure land use compatibility and appropriate land use buffers on lots 98, 99 , and 100 in accordance with the city's' Edna-Islay Specific Plan land use policies. 5. To insure the safe, orderly, and attractive development of properties within the annexation area, consistent with timing and availability of water and sewer services and the infrastructure necessary to serve the new development. SECTION 4. Environmental Determination. The City Council has certified the project's Final EIR, and based on its review, determined that the Final EIR for the Broad Street Annexation adequately addresses the potential significant environmental impacts of the proposed annexation and pre-zoning, and incorporates mitigation measures and monitoring program into the project, pursuant to Council Resolution No. 8023 (1992 Series) . SECTION 4. Zoning Map Amendment. The Community Development Director shall amend the Zoning Map to pre-zone the annexation are �3�3 Ordinance No. (1992 Series) Page 3 as shown in Exhibit "B. " SECTION 5. Publication. This ordinance, together with the names of councilmembers voting for and against, shall be published once in full, at least (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1992 , on motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor Ron Dunin ATTEST: City Clerk APPROVED: Ci inistr ive Off ' cer tM�rF Communi Devel ment Director vii iiiii. //. \ /i // . / / i / ! . .r :• . �r :' i i r '�/ / •rrr/r/r+ / / % .rrrr/rrr \. EXHIBIT C +++/. ,+.. .,• r..:rrrr.... rr/+..../++..r+urrr rru rrr - +rrrrrrrrrr.rrrr r.rrr.• •rrr / / / /// /// rr++ii++rrr+ur�4/ ..rrrr � .rrrr ..rrrr r++r ..rrrr rr 1.4 • \\\\\ \\ __ __ __ - \ /+ /// / rrrr r++'/ /// / I \`.\\\\\ \\\ --- -- + r/,.rrrr\\\\\\ ■ .rrrr \\\\\\\ \\\\\\\\ - _ \\\\\\\\\•, �.`\ \\\\\\•.\\\ \ •,\\\ TANK ®RAPT LUE MAP i - - - - --------- - -- --- GENERAL PLAN LAND USE MAP \\\\ OPEN SPACE, PARKS A RECREATION COMMERCIAL — —�--\ Caweraadwopm apace:Law b.W Ndghbwboed:Buatcessae serving and \ mainopan lwttte prateednn,aw,Wen• compatible wide nearby Musing. W \ arenot u n and rawalia.a Wnga us maw m Yldiridud celpnbernoed• are not Mown on Ince map.eat wade ata wrvtrrp bloirresa , r.:Ininwucobpo7.TM OponSpeeetw on \ \ mod n dotallTh map or,dtewwaw n mere w104 7M nup nn pro side Mow,land-usswtegwm w"00 larger punning was podrnoulg). II��II� TmulsC Businesses which primarily III W lll�� wants VoW s and baYallan, -: T; Intulm span apses: b a lwW hold �•.\\• i jspan un41 undo dswlaprnam is sppro- 1/ r L./1 \ _ General Reull:Depanntem 610.06,ePa. eWry uwes,W sarlrka,such as buds �■� /'��,■ ■ i`/ and rosteuanu. Rot., er;'Pub" prlcatery arced r� ` \•\ mnatim brd was.colt outdoors or \\. \ Ina pwY Wong. 1.?.:a'11.'u• ONlecs:PrabsebW and financial wrv• kea Part:PWdkry stood paha. Servtewa r manulaswrug: Business / wrvkes,wndosYYrp ontl Wer d Wgo coins,and Gplu manufacturing. / RESIDENTIAL r �-+ Rural Industrial:Fanning,tsweadbit,w Rued:Houses onvry largeleu,n■IgG It ♦N,\\\,,,,, luthat uAdecided,beyond!t WYYias. lew•bMonly indudlid uses reading lou \,\\\'•\\,\,\� / r of apnea,bre ro city urJdiaa Subwhan:Hour an lupe lou.beyond .,\„ \,,,,,,,,•.,v. PUBLIC ,,..\.....,,.•.,. cuy uwnY wrvrco. Covernmonl IasglUes:F Fate Sutton; �'•' O asrto7 tlnacMp Matran arts up lo7 rollings pct"we. .... OTHER SYMBOLS ' ■■■■■■e Urban rawve grra: The boundary \ p ♦,`.,,,,,\♦ deeded tlwcllirrp,roto yrde;upb tg fuss bolwon uow appropriate Ier urban /\ development W won b remain in A bcoam dr atlings Per cera ' omurd :\ cpspca anJruses. \\\ \ \ sladeuaY)rlgn dwWy:Anccrted dvo6 rear• • ocSpecific punales:A sgwd'w pun has Won nopoletl or N required-a New %.uplk1gnc.borord"dg,padowod... uass. A spociie plan n a evy dos,n UtewugurW uws.roatls,uoLL the omFolandante,m.bu,,Inmo poodwtnnn \� su general plots,dew nti n proclwry y �'•• \ ,ubdrvi,ion w construction puna n/Iwul :AnoeMddiwWn p _.—.—.—._ City limit:The boundary W the uo wb i `- W m:u w lee,W cry sorwrg and potentially eggu.la '+:::•• ^i Mtlream Oatseilrga Pus aces. .C•F',117 =•.•c Iw airy uuniae end sorvicea e::••- ...,\Sc:.,,,� ..• Special deign was: A Place nuar whets der,clopmena un,subject may pedal ssvaral rypw �• of un,as p proceed cialdoalgn rseWrs mems u upldwd n sir Lentl Use Els ' monl I.M. r PLANNING C01VISSION JUNE 25, 1987 D860154D PAGE 5 EXHIBIT D860154D:A 1. Approved uses: (See attached Exhibit G860522:IA for detailed description) a. This approval authorizes a shopping center , of approximately 135,000 square feet, which may be occupied by uses as defined by San Luis Obispo Urban area standard 2 for Commercial Service without further Development Plan, approval, unless a subsequent ' Land Use Element amendment prohibits any such use. b. The existing Farmer's Market may continue as approved until construction displaces the use. Port construction renewal of the Farmer's Market will require Minor Use Permit approval. . 2. Review of specific proposed uses: Proposed specific uses of the structures shall be subject to review and approval of the chanSt. In building occupancy by the Building and Safety Division of the Planning Department prior to issuance of a business license. Proposed us#-s shall also be subject to the review and approval of the Development Review Section of the Planning Department to determine conformity ..wit;i applicable Land Use Element planning area standards, Land Use Ordinance requirements, and conditions of this approval. Uses that individually, or cumulatively with outer uses, necessitate additional parking spaces or site improvements other than constructed under this Development Plan approval shall install such improvements subject to Planning Department approval prior to establishment or issuance of a business liccense for the use. . 3. Approved site plan and required changes. Site development shall be consistent with a revised site plan to be submitted to the Development . ?eview Section- of the Planning Department for ' review and approval before application for a building permit. The revised plan shall indicate the following: a. renting around the retarding basin and drainage channel shall he slatted chain-link, six feet high. The fencing shall accomodate the find basic design and approximately follow the southern property line from five feet west of the corner near Sacramento Drive to the parking spaces across from building I; and be set three feet back from the curbing from that point to the southwest corner of building H; and from the east side of building H to five feet from the eastern property line and return to the point of beginning.. The areas where the fence is set back Erom the curb and along Sacramento Drive shall be planted in vines or shrubs to block the view of the fence and at least one access gate shall he provided Ear basin maintenance. i EXHIBIT D v PLANNING COMMISSION JUNE 25, 1987 D860154D PAGE 6 4. Site grading. Submit grading, sedimentation and erosion control, and drainage plans prepared by a registered civil engineer and Ln accordance with the requirements of Section 22.05'.024, 22.05.0239 22.05.036 and 22.05.044 of the county Land Use Ordinance to the Planning Department for review and approval and obtain an approved grading permit before the start of grading or issuance of grading and building permits. If so required, review of the plan shall be subject to. an inspection and checking agreement with the Engineering Department. The drainage plan shall address existing run off as well as increases resulting from new site development. 5. Landscaping plans. Submit landscape, irrigation, and landscape maintenance plans as required by Sections 22.04.180 through 22.04.186 of the Land Use Ordinance to the Development Review Section of the Planning Department for review and approval before issuance of a buiding permit or establishment of the use. The plans shall provide for the following: a. Low growing planting along the Broad Street frontage and within 50 feet of the property corners near the street intersections. b. Trees at an average of 25 feet on center along the remainder of the property street frontage. c. Multi—leveled landscaping including trees in the interior landscaped areas. 6. Landscaping installation. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for before final building inspection. The areas shall be landscaped in phases generally around each building as it is completed. If bonded for, landscaping shall be installed within 60 days of final inspection and thereafter maintained in a viable condition on a continuing basis. 7. Signs and lights. Signs and lighting shall be consistent With a revised sign and lighting plan to be 'submitted to the Development Review SectioA of the Planning Department for review and approval before application for a building permit. The revised plan shaLl include the following changes: a. Buildings B, D, E and J shall have no more than one wall sign for each shop except corner shops may have two signs if they have public entrances on two building faces. b. All signs shall be at least 10 feet from the property, lines. x--Hi PLANNING COMMISSION JUNE 25, 1987 D86015 4D PAGE 7 c. The sign on the rear of building C shall be no larger titan 24 square feet. 'i. Sign G at the corner of Broad and Capitolio shall be moved south approximately 170 feet. e. Parking lot and exterior building lighting shall be located and shall be directed downward. 8. Phasing plan. The applicant shall submit a revised phasing plan to the Development Review Section for review and approval showing the anticipated order buildings will be constructed along with the parking and landscaping to be completed prior to final inspection for each building. 9. Approved architectural design. Building architecture shall be consistent with the approved architectural elevations. 10. Connection to community water and sewer required. The project shall be connected to the community water and sewer systems. 11. Proof of water and sewer service. Submit evidence frm the city of San Luis Obispo indicating that the agency is willing and able to provide water and/or sewer service to the project prior to issuance of building or grading permits. 12. Required road improvements. The following road improvements shall be constructed under an inspection and checking agreement and encroachment permit issued by the county Engineering Department and Caltrans to be completed or bonded for prior to issuance of a building Ipermit: i Capitolio flay shall be designed and built to County Engineering specifications for a three land street near the Broad Street intersection. The plans shall be submitted to the city of San i Luis Obispo for comments on compatability with their existing I street improvements. Offers of dedication necessary to provide Ithese improvements shall be provided to the County Engineer. ! 13. Curb, gutter and sidewalk. Install concrete curb, Sutter, and sidewalk. and street paveout on all street frontages of the subject site under an encroachment permit issued by the county Engineering Department and Caltrans. Plans for the required improvements shall be prepared by a registered civil engineer and submitted for review anti approval under an inspection and checking agreement with the county Engineering Department and Caltrans prior to issuance of a bui-iing permit. EXHIBIT 23029 8 - 7 PLANNING COMMISSION JUNE 25, 1987 D860154D PAGE 8 14. Improvement plans and checking. Improvement and other plans required by conditions no. 14 and 15 shall be prepared in accordance with the San Luis 'Obispo County Standard Improvement Specifications and Drawings by a registered civil engineer and submitted to the county Engineering Department for review and . approval under inspection and checking agreements. The applicant's engineer, upon completion of the improvements, must certify to the county Engineering Department that the improvements are made in accordance with the approved plans. 15. Encroachment permits required. Obtain an encroachment permit from Caltrans and lengthen the left .turn pocket on Broad Street north of Capitolio Way by 200 feet before issuance of a building permit'. -- 16. ermit'. "16. Traffic signal participation. Prior to final building inspection the applicant shall deposit a bond with the city of San Luis Obispo for 25 percent of the cost of installing a turn signal at the intersection of Capitolio Way and Broad Street. 17. Shared access driveway. The applicant shall execute an agreement to cooperate on a shared entrance/exit onto Broad Street with the developer of Lot 92 to the south. This agreement shall provide for access easements, if necessary, and be in a form acceptable to County Counsel. ,18. Verification of utility easements. Site plans shall be reviewed by Pacific Gas and Electric Company. Provide the Development Review Section of the Planning Department with a letter or other verification that this project does not conflict with any of their easements and that proper provisions have been made for siting of electrical equipment, such as transformers and underground liens. 19. Fire protection. Before final building inspection or establishment of the use, comply with all Eire protection requirements from the county fire department. Airport Land Use Plan Related Conditions 20. Unreflective materials to be used in buildings and signs where reflection would cause a flying hazard. 21. Soundproofing where appropriate to reduce noise to acceptable level according to State guidelines. 22. No electro-magnetic transmissions which would interfere with operation or aircraft. 23. All bulk storage of volatile or flammable liquid to be underground. 24. The property owner shall grant an avigation easement to the county of San Luis Obispo via an avigation easement document prepared by the county. The avigation easement document shall be reviewed and approved by County Counsel prior to issuance of a building permit. HD/d rt/3413T. EXHIBIT 'Vol- yr FEBRUARY+26, 1987 6860522:1 PAGE 6 PLANNING COMMISSION EXHIBIT G860522:1A Amend the San Luis Obispo Area Plan of the county General Plan to revise Commercial Service planning area standard no. 2 for the San Luis Obispo urban area as follows: Corner of Broad Street and Capitolio Way. The following standards apply only to the parcels at the southeast corner of Broad Street and Capitolio Way, extending east to Sacramento Way (Amended 1983, Ord. 2133). 2. Limitation on Use. Allowable uses are limited to the following: animal husbandry services; nursery specialties; broadcasting studios; apparel and finished products; food and kindred products; furniture and fixtures; printing and publishing; small scale manufacturing; building materials and hardware (totally enclosed within a building); EATING AND DRINKING PLACES (NOT INCLUDING BARS, FACILITIES FOR DANCING OR OTHER ENTERTAINMENT, DRIVE-IN RESTAURANTS OR REFRESHMENT STANDS); food and beverage retail sales; furniture, home furnishings and equipment; general merchandise store (limited to department stores, variety stores, drug and discount stores, florists and houseplant stores) ; mail order and vending; service stations; business support services (totally enclosed within a building); laundries and dry cleaning services; personal services; public safety facilities; consumer repair services; accessory storage; warehousing; and wholesaling and distribution, in accordance with Table 0, Allowable Uses, Part I of the Land Use Element (Amended 1983, Ord. 2133). DL/ND/sb/8187j IIT E., 33/ 31n :u:u If wo li. r r CIS S! I i:' rr :1 !! -•'s. alp .f� :.1'�• dmox 1 ; ~'\ . L Y:. Il -rr 1 -• y^ 5 e gig 14 w -e e IL _.= S 'ii � .. :III Lc_ 1• Ilj a _i•'J r)��,''1i - 1- i el� � j 1 --._ � �91;1 i �' �� _cam � :_ --=i�-?- lj�:-�•=� - ._!1 � .� �'� it _# ' 77 i . _ .• ! - 222 Ir.ec if'r X°IN 7tracl , r• --- it •f w � I � L 422eta mY°Ye CII e 7 YI \ \ j�3�2- RESOLUTION NO. (1992 Series) A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF SAN LUIS OBISPO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE BROAD STREET ANNEXATION RESOLVED, by the City Council of San Luis Obispo, that: WHEREAS, the City of San Luis Obispo desires to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for the Broad Street Annexation; and WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed annexation; and WHEREAS, the City Council has reviewed and certified the Final Environmental Impact Report for the Broad Street Annexation by Resolution No. 8023 (1992 Series) , pursuant to the California Environmental Quality Act and the City's Environmental Guidelines; and WHEREAS, on recommendation of the Planning Commission and as a result its deliberations, the City Council has amended the General Plan Land Use Map and pre-zoned properties located in the annexation area as shown in Exhibit "B" ; and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission to initiate formal annexation proceedings; WHEREAS, notice of intent to adopt this resolution of application has been given to each interested and each subject agency; and 3-33 Council Resolution No. (1992 Series) Page 2 WHEREAS, the territory proposed to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Section 2 ; and WHEREAS, this proposal is consistent with the sphere of influence of the affected city; and THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL AS FOLLOWS: SECTION 1. Findings. 1. Annexation is appropriate since the site is contiguous to the City if San Luis Obispo on its north, south and east sides. 2. The annexation area is already partially served by city services, and is a logical addition to the city due to its location and existing development. 3 . The annexation area is within the Airport Area Specific Planning Area, and is being jointly planned by the City and County of San Luis Obispo. 4. County Land use approvals in the proposed annexation area have allowed development of a scale and intensity comparable to development in the adjacent incorporated area. 5. The proposed annexation will promote high quality development at a visually prominent gateway to the City. 6. The proposed annexation will promote the health, safety, and welfare of persons residing or working within orin the vicinity of the annexation area by providing urban services, including water and sewer service, city police and fire protection, and general city government services. SECTION 2. Annexation Area Described. The Broad Street Annexation shall consist of that area, covering approximately 78 acres, bounded by Capitolio Way on the north, Sacramento Drive on the east, Tank Farm Road on the south, and Broad Street (State Highway 227) on the west, including all of Lots 91, 92 , 93, 94 , 95, Council Resolution No. (1992 Series) Page 3 96, 98, 99, 100, and a portion of Lots 82 , 83 , 84, 85, 86, 87, and 90 of the San Luis Obispo Suburban Tract, south of the City of San Luis Obispo, in the County of San Luis Obispo, as recorded in Book 1 of Records of Survey, at Page 92 , and State Route 227 (Broad Street) , as shown and more particularly described in Exhibits "E" and "F" attached hereto and by this reference incorporated herein. SECTION 3. Council Recommendation. The City Council recommends that the Local Agency Formation Commission approve the proposed annexation subject to property owner compliance with city requirements regarding environmental mitigation and public improvements as described in Table 2-2 of the project's Final EIR, in accordance with California Government Code Section 56844 et. sea. , pursuant to Council Resolution No. 8023 (1992 Series) , and pursuant to the pre-annexation agreements between annexation area property, owners and the City, SECTION 4. Authorization to Staff to Begin Negotiations. The Chief Administrative Officer and Community Development Director are authorized to submit application and fees, begin negotiations for transfer of property tax revenue, and to cooperate with property owners, Local Agency Formation Commission, and San Luis Obispo County staff to allow formal annexation proceedings to progress in an orderly and timely manner. SECTION S. Implementation. The City Clerk shall forward a copy of this resolution, General Plan and pre-zoning actions, Council Resolution No. (1992 Series) Page 4 environmental documents, and all pertinent supporting documents to the Local Agency Formation Commission and property owners within the annexation area. NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the City Council of the City of San Luis Obispo, and the Local Agency Formation Commission of San Luis Obispo County is hereby requested to take proceedings for the annexation of territory as described in Section 2 and as shown in Exhibits "E" and "F" , according to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted thisday of 1992 . Mayor Ron Dunin ATTEST: Pam Voges, City Clerk Council Resolution No. (1992 Series) Page 5 APPROVED: Cit Ad iinis-trlitivLv Office 1 t me CommunityDevelopment Director Publi works Director Utilities Director _337 L tA > � N � 1 CG = arou wuvd MNV1 O J1'aL i3 r,.Ira 1 O — ti .: y C 8 e ^� n c C7% �+ 9 f CM C4 3 COi CIO a.n O cu IA t �y 'y V_ R f fW ¢ E X _$ r Q ivx � �sFf,t� • <.. J P 6 ]N J • (� .. ti r� . r 3`.c E IZ.` a• 4d i � 'P • -_-� ZiS x Z �a-,fie �, <� ';:` ,,�' �:� � —_—�0 1N3W35V3 '3'8.7d 09 v' c ! ro d v_ y />a VA ® s v ro AYM 0I1011dVO O 1 V♦ Vi♦ fl. a I I � m Eq O I I. � MIT h: 1 `V EXHIBff 3 38 Ila+o � IA Z O] m O`O 7N O O r N yM I • K= nQ 1 O O y$ 3 in 2Z m' Jm LL z m ° GVOtl Wtl Vtl 11NV1 m WO wm 0 S.L 8'081 M.t0.60.s0s �. O� LLO� CL d a a c t ao ^ 4 N 0 _O .06 : V C O ON cnFL171 s. U :.. 1yyit(���III I n^ it :.ii = co ° .� to, ieS 1 .4Se0L �`.E o n w S � �• Lm d ° W a= ° C s F C C y �• • a W 1 K. w. V U) 0Z 111 i. w` / 6 W 1� <W �'S q• \ t C6 F � .. a cr zEll {. t 2 S m. T NNN : ai Y Ij b Q T 1:,: 1 W O LL • IO1r O� S_' O_ z i e o — — — 'e..% I- 1N3W3SV3 3 9'J'd a •.� � __ W.1 m O Oa .o e 1 1 o �.^ 1 i Y 0 �w �• �. w"1 w VI 1 11 �y 'neooa :w Om a wonI r� :: ae�ses.�:rel'•'4^NNe io S:I w 1000{nm. a•y� a P, AVM � ° O1. a .�• «cl o � y W m 6 z I = ♦ 1 ., 1_ U) EX]4f]R -Frr -- December 30, 1991 PROPOSED ANNEXATION TO CITY OF SAN LUIS OBISPO LEGAL DESCRIPTION Ali of Lots 91, 92, 93, 94, 95, 96, 98, 99, 100, and a portion of lots 82, 83, 84, 85, 86, 87, and 90, and the of Industrial Way right-of-way of the SLO Suburban Tract as recorded in Book 1 of Records of Survey, at Pg. 92, and State Route 227 (Broad Street) , more particularly described as follows: Beginning at the most easterly corner of said Lot 100, said corner being a corner of the existing City limits (per Industrial Annexation of May 1960) ; thence South 65009104" West (bearings per 11 Maps 53) along the dividing line of Lots 100 and 101, also being the existing City limits line a distance of 789 . 97 feet more or less to the most southerly corner of Lot 100; thence continuing South 65009104" West a distance of 94. 00 feet more or less to the westerly right- of-way line of State Route 227 as widened by the State of California; thence North 11°11'45" West along said State right-of-way (bearings per State right-of-way map) a distance of 64. 00 feet more or less to a point that is 55. 00 feet left of the State centerline at State Station 199+85; thence continuing along said State right-of-way North 24000100" West a distance of 611.22 feet; thence continuing along said State right-of-way on a curve to the right with a radius of 7055 feet through an angle of 07018100" for a length of 898 .87 feet; thence continuing along said State right-of-way North 16042100" West a distance of 753'.72 feet; thence continuing along said State right-of-way on a curve to the left with a radius of 7945 feet through an angle. of 04048100" for a length of 665. 60 feet; thence North 68030100" East a distance of 15. 00 feet more or less to the old right-of-way line of said State Route; thence North 21026103" West along old said right-of-way a distance of 5. 00 feet more or less to the existing City boundary (per Edna Road Annex #2) ; thence along said City boundary North 67030100" East (bearings per Edna Road Annex #2) 84 . 00 feet more or less to an angle- point on the southerly right-of-way line of Capitolio Way; thence continuing along said boundary and right-of-way line North 39002132" East a distance of 34. 04 feet; thence continuing along said boundary and right-of-way line North 65010100 East a distance of 168.25 feet; thence continuing along said boundary and right-of-way line on a curve to the right with a radius of 230 feet through an angle of 23004126" for a length of 92. 62 feet; thence continuing along said boundary and right-of-way line on a curve to the left, tangent to last said curve, with a radius of 270 feet, through an angle of 23004126" for a length of 108.73 feet; thence continuing along said boundary and right-of-way line North 65010100" East a distance of 299. 66 feet to the westerly right-of-way line of Sacramento Street (Old Pacific Coast Railroad right- EXC IBIT F . . .?-4zo of-way) being the most easterly corner of said Edna Road Annex #2; thence along the existing City boundary and the westerly right-of-way line of Sacramento Street, South 47025102" East (bearings per Public Streets Annex, Parcel C) a distance of 1,314. 62 feet; thence continuing along said boundary and right-of-way line on a curve to the right, with a radius of 1402. 39 through an angle of 32012148" for a length of 788 . 46 feet, more or less, to the most northerly corner of Lot 97 of the San Luis Obispo Suburban Tract; thence South 65010100" West (bearing per SLO Suburban Tract) along the existing City boundary and the southerly line of Industrial Way a distance of 700. 26 feet, more or less, to the most northerly corner of Lot 98 ; thence South 24050100" along the northeasterly lines of Lots 98, 99 and 100, the existing City boundary, a distance of 990 feet, more or less, to the POINT OF BEGINNING. by E X11 Mil 1 1T F PREANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND (PROPERTY OWNER'S NAME) This annexation agreement is made and entered into this day of by and between the City of San Luis Obispo, a chartered municipal corporation, (hereinafter referred to as "CITY"), whose address is 990 Palm Street, PO Box 8100, San Luis Obispo, California 93403-8100; and (owner's name, legal status, and mailing address) (hereinafter referred to as "OWNER"), pursuant to the authority of the City Charter and Section 56000 et. seq. of the California Government Code. CITY and OWNER shall hereinafter be referred to collectively as "PARTIES." RECITALS 1. WHEREAS, (property owner name) is the owner in fee of certain real property in County of San Luis Obispo, commonly known as (street address), (APN #), further described in the attached Exhibit "A" and referred to herein as the "subject property"; and 2. WHEREAS, the subject property is located within the proposed Broad Street Annexation area, as shown in Exhibit "B"; and 3. WHEREAS, to provide for the City's orderly growth and development, consistent with the General Plan, the PARTIES anticipate that the subject property will be annexed to the City of San Luis Obispo pursuant to terms and procedures of the California Government Code 56000 et seq; AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, PARTIES agree as follows: 1. URBAN SERVICES. Upon annexation, the property shall receive the full range of City services, 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: • Water Service. CITY agrees to provide water service as available for fire fighting and domestic purposes to the subject property upon request of OWNER, subject to the same laws, rules, regulations and fees applicable to other new subscribers in the City under similar circumstances, including but not limited to retrofit requirements. Use of existing on-site ground water or other sources for potable and non-potable purposes may continue, provided they met County standards in effect at the time of annexation. In the event of abandonment or failure of well(s), OWNER shall comply with applicable retrofit requirements of the City in effect at the time of abandonment or failure and may continue to use on-site ground water or other sources as approved by CITY for non- potable purposes only, including landscaping, irrigation and manufacturing. • Sewer Service. CITY agrees to provide sanitary sewer service, as available, to the subject property upon request of OWNER subject to the same laws, rules, regulations and fees applicable to other new subscribers in the City under similar circumstances. Use of existing on-site waste disposal systems which were legally installed under permit from the County of San Luis Obispo may continue, provided they meet County standards in effect at the time of annexation. If such systems are abandoned or fail to meet County standards, connection to City sewer will be required. • Fire Protection. All existing developments in the annexation area may retain existing private fire protection and water supply systems provided they pose no threat to public health and safety and which met County of San Luis Obispo standards in effect at the time of annexation. 2. COMPLIANCE WITH CITY STANDARDS. Once annexed, the property will be subject to the same rules, regulations, laws, and fees that would be applied to other properties in the City under similar circumstances including, but not limited to Building Code, Fire Code, Zoning Regulations, environmental regulations (California Environmental Quality Act), fees, and other provisions of the Municipal Code and state laws. Except as set forth in Exhibit "A," no fees or other requirements shall be imposed as a condition of annexation. 3. PROPERTY D4PROVEMENTS. At the time of future development or redevelopment, it shall be the responsibility of the property owner to install and pay for improvements which may be required by permit, law, rule, regulation or mitigation measures described in the Focused Environmental Impact Report for the proposed Broad Street Annexation and referenced in Table 2-2 therein or in any subsequent environmental determination, unless otherwise specified in the Focused Environmental Impact Report (certified on June 16, 1992 by Resolution #8023 - 1992 Series). 4. TERM OF AGREEMENT. The annexation shall become effective upon the recording by the County Recorder of a Certificate. The term of this Agreement shall begin upon the effective date of the annexation. The Agreement shall remain in effect until modified or terminated by mutual consent of the PARTIES. In the event the annexation shall not become effective for any reason whatsoever, this agreement shall terminate and have no force and effect as if it had never been entered into by the PARTIES. 5. SUCCESSORS, HEIRS AND ASSIGNS. This Agreement shall bind and inure to the benefit of the heirs, successors, assigns and personal representatives of the PARTIES. 6. AMENDMENT, 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. IN WITNESS WHEREOF, this Agreement is executed on the date above stated at San Luis Obispo, California. OWNER BY: CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation BY: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DEPARTMENT APPROVALS: City Administrative Officer Utilities Director Public Works Director Community Development Director Finance Director Fire Chief P.C. Minutes July 8, 1987 Page 2 3 . General Plan Amendment Rezoning and Annexation GP/R 1261. Consideration of annexing 78 acres to the city and amending the Land Use Element map and zoning map to change the designations to retail-commercial (C-R) , Neighborhood-Commercial (C-N) , service-commercial (C-S) , and manufacturing (M) ; 3800 Broad Street; Southern California Gas Company, applicant. Jeff Hook, Associate Planner, presented the staff report, recommending that the commission review and consider the adequacy- of the EIR, and recommend to the City Council approval of the general plan and water management element amendments, annexation, and prezoning of the area. Chairperson Kourakis opened the public hearing. Vic Montgomery of Richmond, Rossi, Montgomery, representative for Southern California Gas Company, responded to the staff report and supported staff's recommendation as the most logical way of implementing the annexation. He questioned the requirement of contributing towards the improvement of the South/Broad Streets intersection given the distance between that intersection and the proposed annexation area. Regarding concerns with water allocation, Mr. Montgomery felt priorities should be given to master plan projects such as Edna-Islay which are presently underway. The properties involved in the annexation should be subject to the same water allocation regulations as other properties in the city. Ned Rogoway, representative for 2503 Partnership, owners of Lot 92 , favored the annexation as the best way to provide city services for the development of the property. Mr. Rogoway submitted a letter from the property owners in support of the annexation. He noted the intent for development of Lot 92 was for a large retail or service-commercial use physically linked with the Williams Brothers Shopping Center. In order to pursue their development plans, he felt it will be necessary to have C-S-PD prezoning .rather than C-S-S as proposed by staff. He noted that the property owners would oppose the annexation if the C-S-PD zoning were not recommended. Tom Courtney, representative for Williams Brothers Markets, supported the annexation and concurred with staff's recommendation for a C-S-PD zoning for the Williams Brothers property. He noted there presently are no agreements between Williams Brothers and with the owners of Lot 92 for the development of their property. r P.C. Minutes July 8, 1987 Page 3 Jay Parsons, owner of Lot 2, requested clarification of the "S" overlay zoning. He was concerned with major expenses attributable to the annexation, such as improvements to Broad/South Streets and Sacramento and Orcutt Road, fire hydrants, street lights, etc. Chairperson Kourakis declared the public hearing closed. In response to a question from Commr. Duerk, Jeff Hook indicated_ that individual properties involved in the annexation would probably pay a very small increment towards the total costs of improvement of the Broad/South Street intersection. The commission discussed general plan policies in this area and felt there should be a more coordinated effort between the city and county to provide consistency for allowed uses in the fringe area. Commr. Crotser supported the annexation request, since the benefit to the city far outweighed arguments against it. He moved to recommend to the City Council amendment of the General Plan Land Use Element and Water Management Element and prezone the annexation area as outlined in Exhibit "C"_ in the staff report as recommended by staff. Commr. Hainline seconded the motion. Commr. Duerk was concerned with the water issue. She hoped some mechanism could be worked out so that if allocation became a necessity, that this annexation would not interfere with on-going projects or those already in the city. She requested an amendment to . the motion prezoning Lot 92 to C-S-PD as requested by the applir-.nt. Commr. Crotser felt a "PD" overlay for Lot 92 was not appropriate for as part of the annexation request, since it relates to a specific project and preferred to follow staff's recommendation. Chairperson Kourakis indicated she would be reluctant to support the "PD" prezoning. Commr. Gerety could not support the motion. He was not in favor of using private well systems. He felt that if the properties were annexed, they should receive full service from city water. Any groundwater available for use should be developed by the city for better control. He indicated that all properties should be _f.-r.cluded in the annexation request; none should be exempted. Commr. Schmidt felt providing water to the annexation area raises a major question of equity and fairness to those already in the city who are hoping rto develop their properties when allocation regulations may be in effect. He felt property owners who have been P.C. Minutes July 8, 1987 Page 4 in the city should have first call on any available water. He also questioned whether the amount of groundwater actually available 'was enough to supply the area and what would happen if it ran out. He felt that the request was not timely. Commr. Crotser agreed that water was an issue but it was not so critical as to outweigh other benefits from the annexation. Chairperson Kourakis agreed with Commr. Crotser. She felt the two crucial issues involved were water and long-term planning of the city's boundaries. She agreed that the entire 78 acres should be annexed at one time. She supported the motion. VOTING: AYES: Commrs. Crotser, Hainline, Duerk, Kourakis NOES: Commrs. Gerety, Schmidt ABSENT: None (one vacancy) Commr. Gerety indicated his no vote was not because he opposed the annexation but because he was opposed to the use of private wells for groundwater within the city. The motion passes. COMMENT AND DISCUSSION Michael Multari reviewed recent City Council actions. Chairperson Kourakis indicated that a joint meeting between the City Council and Planning Commission was being planned. A date for the meeting would be forthcoming. The meeting adjourned at 9: 20 p.m. to the next regular meeting scheduled for July 22, 1987, at 7: 00 p.m. in the Council Chamber, City Hall, 990 Palm Street. Respectfully submitted, Barbara Ehrbar Recording Secretary MErtNG AGENDA Mi. 7-ar_9� ITEM # z IIIIIJ► III� city of sAn WIS OBISPO 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 COPIFSTO: ❑•Pwam Action FYI July 20, 1992 12 on ❑ FIN.DUL ACAO ❑ CHIEF ATTORNEY IBJ AN DUL �'CLERK/ORIG. ❑ POLICECFL MGMr.TEAM ❑ REC DIR Joe Browning ❑ READFILE ❑ LDIR Valacal Company _Z; - 25201 Paseo de Alicia, Suite 200 Laguna Hills, CA 92653 t Subject: Broad Street Annexation Dear Mr. Browning: City staff has reviewed the letters dated July 16, 1992 from Susan Erburu Reardon to City Attorney Jeff Jorgensen and to County Counsel James Lindholm, respectively, regarding the United Parcel Service's (UPS) concerns with an existing drainage problem in the Broad Street Annexation area. It is obvious from reviewing these letters that the problem, as defined by UPS, has a long history under County jurisdiction and involves several other property owners. You reference past litigation and strongly imply the potential for future litigation. You indicate UPS's intention to protest the Broad Street Annexation "until either the County or the City gives UPS a firm commitment to remedy those drainage problems . . .". You also state that UPS will not enter into a preannexation agreement with the City until either the County or the City agree to assume responsibility for correcting the drainage problems. would like to respond to these points as follows: 1. As we have stated in previous correspondence, the Final EIR mitigation strategy is based on the premise that it is new development, not annexation per se, that triggers the need for environmental mitigation. Therefore,for most property owners in the Broad Street Annexation area, no on-site or off-site capital improvements are required with annexation. Instead, such improvements will be required in the future when property either develops or redevelops, with the specific improvements required dependent upon the nature of the development. Likewise, the annexation and mitigation strategy are not designed to require a variety of improvements to correct pre-existing problems or deficiencies, such as the drainage problem outlined in your letters. However, the Final EIR does recognize that drainage deficiencies do exist and will eventually need to be addressed by property owners in the annexation area, either individually or jointly, dependent upon the desires and level of cooperation existing among the property owners. R E C F I V F D JUL 2 0 1992 • CITY CLERK �A" LL'f2_GB:L,'C. C.> T � Page 2 Browning - July 20, 1992 2. The drainage deficiencies described by UPS are clearly pre-existing in nature, and will be neither improved nor worsened as a result of the annexation itself. In addition, the history of this problem, as you have described it, clearly shows that the City has played no role in creating the problem. Therefore, the City will not agree to assume financial responsibility for correcting the problem in exchange for UPS's agreement to support the annexation. 3. However, we recognize that UPS is experiencing a drainage problem, and one that cannot be solved without the cooperation and involvement of others besides UPS. While the City does not intend to assume financial responsibility for correcting the drainage problem, we are willing to offer our assistance in both reducing the immediate problem and in searching for a long term solution. With regard to some immediate relief, the City would like to offer the following information: As you noted, UPS is receiving more than its share of water from the area which then creates problems on other properties. City Engineering staff concurs that removal or closure of the street drain which leads to your detention basin will significantly reduce the amount of storm water runoff onto your property. Once the drain is blocked, additional crowning of the street probably will not offer any added benefit to your property. Since Sacramento Drive is a City street, the City is willing to take action to close this drain permanently, pending a final analysis to confirm that this will have no negative downstream impacts. At this point, we do not believe that it will. Maintaining a berm and ditch along Sacramento Street will assure that run- off is directed to the creek until curbs and gutters are constructed along Sacramento Drive northerly of your site. The creek currently receives storm water from this area and its capacity should not be adversely affected as a result of this action; water simply will reach the creek by way of the street rather;than across neighboring properties. Recent inspection of the street by'City Engineering staff shows that the existing berm and ditch along the street is sufficient to do this and the City will maintain it so it functions properly. 4. Once annexed, City staff would be willing to help evaluate drainage options and mediate solutions among property owners. Although, it would be the property owners' responsibility to pay for design and installation of any modifications to properties to accommodate any on-site drainage solutions identified, all would benefit from the professional expertise of the City's staff at no cost. Hopefully, having a "neutral" parry to work with you in this problem solving effort would make a mutual solution possible. Page 3 Browning - July 20, 1992 5. If you wish to have more formal assurance of the City's intent to assist property owners as outlined above, this letter can be included as an exhibit to your preannexation agreement, should you choose to enter into such an agreement. (As we have stated in a previous correspondence, the execution of a preannexation agreement is a matter left solely to the discretion of the property owner, and is not necessary to either demonstrate property owner support or for the annexation to proceed.) As you know, the City has worked long and hard with property owners in the Broad Street Annexation area to secure their support for the annexation. We ask you to reconsider your possible protest of the annexation since the failure of the annexation to take place, in our opinion, will have no positive impact whatsoever on the problem you have identified. In essence, it will simply mean that the status quo will continue. If annexed, however, qualified City staff can be available to assist you and other property owners in your efforts to reach a mutually satisfactory solution. This, of course, presumes an atmosphere conducive to cooperation. We hope this can be achieved. If you have any further questions, please contact Candace Havens at 544-3656. Sincerely, � G - Ken Hampian Assistant City Administrative Officer KH:bw BROWNING.LTR C. Jeff Jorgensen Jerry Kenny; Wayne Peterson Jeff Hook Arnold Jonas Susan Erburu Reardon 1 V TING AGENDA op Iu �T�M #3 GIBSON, DUNN 6 CRUTCHER JU_L-_1---7.1992 T CENTURY CITY LAWYERS J•S.A.GIBSON.1e52•Ia22 csa c[N*uSY PLPI{ CAST W.C.OUNN,11161.1425 .CS ANGClC5. CALIFC SNI: a0067.3C26 333 SOUTH GRAND AV ENUE OFFICE OF- ALBERT CRyTC MC 9,11160.1411 CG:NGC CCUNYT LOS ANGELES, CALIFORNIA 90071-3197 CITY RTTOP"Ey 1100 NC.PCAT C[-TCR ".'VC NCW YORK NEWPORT BEACH. CALIFORNIA LZee O-e295 (213) 229-7000 200 PARK AVENUE SLCII NTO TCLEX:674930 GIBTRASK LS♦ NCW YORK,NEW YORK 1o1ea-CIS3 ADD CAPITOL MALL WASHINGTON SLCPLMCNTO.CLLFOCNIA 9511NI4 FACSIMILE: (213) 229.7520 Nebo CONNECTICV7 AVENUE.N.W. W5-1.070N,D.C.20026-5206 SAN DIEGO 750 B STREET July 16 r 1992 AVENUE LOU�BRUSSELS 222 SAN CICGO.CALIrC RN IA 12101-A605 9•1050 BRUSSELS.SCLGIVM SAN FRANCISCO PAalS ONE MONTGOMERY STREET.TELESIS 7CWER COPMTO. y1D4 AVENUE I D LFL SAN raANC$CO. CALIFCRNIA 94104.45CS 11• 15116 PARIS. A.CC 51N JCSC Acdm LONDON 50 Y+C$T SAN r[RNANoo STREET !1� 3C135 PALL MALI SAN JCSC CALIr CRNIA 15112 rA L�amD DjR LONDON SW1Y 5LP DALLAS ryTI.DIP. HONG HONG 1717 NAI.STREET F 6 CONNAUG.7 PLACC C•LLAS,TEXAS 751 01-4OCS *T/ IDM TOKYO HONG BONG DENVER __- NNNO C. r'r' TOKYO New CALIFORNIA 51RCCT VtZU POI""EQ 1-I.3 MARUNOUCHI. CMIYODA-RV DENVER,COLORADO eC2C2.2694 0 MGhff.1FAM( REC DIR TOKYO 100.JAPAN SEATTLE ❑ -F�KfLD�LEEl LDI Arr1UAT[D SAUDI ARABIA OFFICE 999 Iw1RD •VC.UC e/./- �j/ cN•MecR OF COMMERCE BUILDING Po.Ill 151170 eCATTLC.WASHINGTON 9eIC4.7Ce9 II..JJ Ill 11454,SAUDI ARABIA WRITER-5 DIRECT DIAL NUMBER OUR FILE NUMBER (213) 229-7558 BY UPS OVERNIGHT T 93024-03094 Mr. Jeff Jorgensen City Attorney City of San Luis Obispo 990 Palm Street Post Office Box 8100 San Luis Obispo, California 93403-8100 Re: Valacal Company ("UPS") San Luis Obispo Facility--Broad Street Annexation Area Proceedings . Dear Mr. Jorgensen: Our office represents *Valacal Company ("UPS") , the owner of the,United Parcel Service facility located at 3601 Sacramento'Drive. As you know, UPS's facility is within the proposed Broad Street Annexation Area, and we have received the July 1 letter of Ken Hampian regarding the July 21 City Council hearing on the annexation application. Representatives of UPS intend to appear at the hearing .and request an opportunity to be heard regarding certain concerns they have regarding the effect annexation may have on the County of San Luis Obispo's present failure to acknowledge their responsibility to remedy drainage problems impacting UPS's facility. Attached is a letter we have sent concurrently to the County Counsel, which outlines in detail the nature of those drainage problems. Until either the County or t CEI ravy E 1) JUL 1 71992 CITY CLERK SAN LUIS OBMPO,CA GIBSON, DUNN & CRUTCHER Mr. Jeff Jorgensen July 16, 1992 Page 2 City gives UPS a firm commitment to remedy those drainage problems, UPS must oppose the proposed annexation of its property to the City of San Luis Obispo. In particular, we not'e'. that the proposed form of "pre-annexation agreement" between UPS and the City that will be presented to the City`. Council at the July 21 hearing does not address at all. what the City's responsibilities after annexation will be with respect to mitigation of UPS's drainage problems with the County and the adjoining property owners. Before UPS could consent to such an agreement, it must specify either that (a) at the County's expense, the County will remedy these problems prior to or regardless of annexation; (b) at the City's expense, the City will assume responsibility for these problems after annexation; or (c) the County and City have jointly agreed to a resolution of these issues which is acceptable to UPS. Thank you for your anticipated prompt attention to this matter. If you would like to discuss this matter prior to the July 21 hearing, please do not hesitate to call me. Very truly yours 65i1. XaA at - Susan Erburu Reardon SER/dar cc: By UPS �Overniaht: Mr. Joe Browning United Parcel Service Mr. Ken Hampian Assistant City Administrative Officer LA921980.045 GIBSON, DUNN b CRUTCHER yS. •.GIBSON,457-19 i7 CENTIME, cITT LAWYERS IN.C.DUNN. Ieel•,975 2C29CEN70RT 0.04 CAST 333 501,11M GRAND AVENUC ALeCPT CPU+CMCP. IeG0-,931 OS AMGELC S.CALIrCRN1A 900e7.31Z2e L"Ncc COUNTY LOS ANGELES. CALIFORNIA 90071-3197 COO-C,NPCRT CENTER DRIVE NEW •0P. NCINPORT BEACM.CiLIrCPNIA 92feC-e39S ;213) 229.7000 2Co P.P. AVE.UC NEI TOP..NCI •CR. 10100.019] SACRAMENTO TELEX;ET�930 GIBTPASX LSA A00 CAPITOL MALLWASMIMGTON t SACPAMCNTO.CA ,r ORNIA PEMA FACSIMILE. (213) 229.7520 IC50 CDNNCcTICUT AVE.UC.N.W. wASM1NGTON.D.C.2003e•530e a.. CICGO pPNs S[LS TSD B STREET July 16, 1992 .AN CICGO.CALIFORNIA 92,01--ICI AVENUELOUIS p•IC50SBP US SCL S..BELGIUM SAN rRANCISLO PARIS CNC MONTGONCRY STREET.TELESIS TCIER 10A AV[NU[ O POIMCAPC SAN rRaNU5C 0.CA VIDPMIA 94104-4 505 751-0 PARIS. 7.fRAMCL SAN JCSL LONDON 50 WEST SAN IEPNaNDO STPCET 20135 PALL MAIL SAN JCS[.C.LIr ORM1A 95113 LONDON SW1Y SLP CALLAS MOMG.0.0 1717 MAIN STPCCT 0 CONNAVGMT PLACE DALLAS.7[XAS 75201••005 -ONGDMC. DCNVCR To.To Ieol CAL00'"11 STPCCT I•p3 MAPUNOVCMI,CMn ODA•AU DENVER.COLORADO GC202.2l9A 70.10100.JAPAN SC AT it[ A1rILUTED SAUDI ARABIA OrrICC CMAMeEP or CoMMEPCC BUILDING 999 T.1.0 AVENUE SCA71LC. WASMIMGTcN 9em1GA•7Cl9 P O BOX DI 1A0M uAS..SAUDI •eABIA WRITER'S DIRECT DIAL NUMBER OUP rILE NUMBER (213) 229-7558 BY UPS OVERNIGHT T 93024-03094 James B. Lindholm, Jr. County Counsel County of San Luis Obispo County Government Center, Room 386 San Luis Obispo, California 93408 Re: Valacal Company ("UPS") San Luis Obispo Facility, 3601 Sacramento Drive--City of San Luis Obispo Broad Street Annexation Area Proceedings Dear Mr. Lindholm: Our office represents Valacal Company ("UPS") , the owner of the United Parcel Service facility located in the County of San Luis Obispo at 3601 Sacramento Drive. As you probably are aware, the City of San Luis Obispo ("City") is currently pursuing an annexation application for an area which includes the UPS facility property -- referred to as the "Broad Street Annexation Area. " (For your information, a copy of the most recent communication from the City regarding the annexation application is enclosed. ) Regardless of the outcome of that application, UPS hereby desires to put your office on notice that the County is presently creating and has in the past created, by both its actions and inaction, a situation that causes UPS to experience repeated overflow drainage problems at its facility. We seek the County's acknowledgment that it is . ' GIBSON, DUNN & CRUTCHER James B. Lindholm, Jr. July 16, 1992 Page 2 responsible for assuming the expense of remediating these drainage problems and that it will work with UPS and other affected property owners to solve the problems before and/or regardless of whether any City annexation takes place. For several years, County officials have been aware of drainage problems experienced by UPS and other property owners in the proposed Broad Street Annexation Area. (The City's proposed annexation map is included for your reference. ) In addition to UPS at Parcel S, the most directly affected property owners are the owners of Parcel 2 (Jay Parsens) , Parcel 92 (Gary Holdgrafer-2083 Partnership) , and Parcel 93 (Derrel's Mini Storage) . The problems have been caused when overflow run-off from the property owners on the City's side of Sacramento Drive, coupled with drainage from Parcels 2 and 4 , have emptied into the only retention pond on the north end of the proposed annexation area, located on UPS's facilty, thereby overburdening the pond. UPS believes the County is responsible for this situation because: (a) as a matter of general policy, the County has approved development plans for adjacent property owners that do not require those property owners to make adequate provision for their drainage needs; (b) the County, by its inaction, permitted the owner of Parcel 92 to change the elevation of his property so as both (i) to block one of the subsurface overflow drains in UPS's retention pond; and (ii) to divert overflow drainage away from a natural run-off path and into UPS's retention pond; and (c) the County permitted the owner of Parcel 93 to build his facility across the natural storm run-off path, by cutting into the side of a hill, thereby blocking off the other subsurface overflow drain in UPS' s retention pond. UPS has received complaints from the owners of Parcels 92 and 93, and indeed became unnecessarily embroiled in litigation between those two parties in 1987, which has subsequently been resolved. The County Board of Supervisors was well aware of this dispute, and appears to have authorized County action to correct some of the drainage GIBSON, DUNN & CRUTCHER James B. Lindholm, Jr. July 16, 1992 Page 3 problems. (See attached Board of Supervisors minutes. ) However, any actions which have been taken clearly have been insufficient to remedy these drainage problems. Recently, a neighboring property owner is again threatening litigation arising from this situation. More recently (in February 1992) , UPS was informed by County Engineer Jim Granflat that the County refuses to take any action to remedy the ongoing problems, despite his acknowledgment that the only drainage UPS should be responsible for handling with its retention pond is that on its own property and from the street run-off generated in front of its property. In conclusion, the County should acknowledge its responsibilities to correct the drainage problems it has caused. It should not use the pending annexation proceedings to avoid those responsibilities or to delay taking action. Thus, I would appreciate it if you would contact me at your earliest convenience to discuss the resolution of this matter. Please be advised that UPS intends 'to take whatever action is necessary to preserve its rights in this matter. Very truly yours, Susan Erburu RearFn SER/dar Enclosures cc: By UPS Overnight: Mr Joe Browning United Parcel Service Jeff Jorgensen City Attorney, City of. San Luis Obispo 10921980.005