HomeMy WebLinkAbout01/07/1997, 3 - ANNEX 46-96: PROTEST HEARING ON EL CAPITAN ANNEXATION, WHICH INCLUDES EL CAPITAN WAY AND THE ADJACENT PROPERTY ON THE NORTHERLY SIDE OF EL CAPITAN, ADJACENT TO THE EXISTING CITY LIMITS.D
council
agenda Repoin
C I T Y OF S A N L U I S O B I S P O
h..N.Aw
FROM: Arnold Jonas, Community Development Director
Prepared By: Judith Lautner, Associate Planner^
SUBJECT: Annex 46-96: Protest hearing on El Capitan annexation, which includes El
Capitan Way and the adjacent property on the northerly side of El Capitan,
adjacent to the existing city limits.
CAO RECOMMENDATION
Hear and receive all oral and written protest against the proposed annexation;
2. Based on the amount of protest received, act to
a) order the boundary change without election,
b) order the boundary change subject to confirmation by the voters, or
c) deny the boundary change.
DISCUSSION
Background
The Local Agency Formation Commission (LAFCo) adopted a resolution on October 15, 1996,
1) approving Annexation no. 45 (El Capitan) subject to the condition that the City of San Luis
Obispo approve a resolution agreeing to the exchange of property tax revenue in concurrence
with the resolution adopted by the Board of Supervisors, and 2) declaring the City as the
"conducting authority" for subsequent proceedings.
The City Council adopted a resolution approving the property tax revenue exchange, in
accordance with this resolution, on November 6, 1996.
Now the City must conduct. a "protest hearing" to complete the annexation process. Whenever
property to be annexed includes property not owned by the annexation applicant, a protest
hearing must be held to allow protest by the additional landowners.
Data Summary
Address: 850 El Capitan
Applicant/property owner: Kelly Gearhart
Representative: Andrew Merriam, Deb Hollowell, Cannon Associates
3 -/
Council Agenda Report - El Capitan Protest Hearing
850 El Capitan
Page 2
Zoning: County Zoning: Commercial Retail and Residential Single Family;
City Prezoning: Service Commercial with Special Considerations and Specific Plan
overlays (C- S -S -SP) and Medium - Density Residential, with Specific Plan and
Planned Development overlays (R- 2- SP -PD)
General Plan: Service Commercial and Medium - Density Residential
Environmental status: Negative Declaration with Mitigation adopted by the City Council
on August 20, 1996.
Project action deadline: There are no State - mandated deadlines for legislative actions,
including annexations and prezonings.
Site description
The site is a trapezoidal essentially flat lot, long and fairly narrow. Eucalyptus trees toward the
rear of the site signal the presence of a small creek. A commercial building is presently under
construction in the portion of the site nearest Highway 227. Additional trees surround an older
house that sits just beyond the commercial site. A dirt road (El Capitan) runs along the southerly
property line.
The site is flanked by the State Farm Office and residential development to the north, various
service -type commercial uses and residences to the south, and railroad right -of -way and
residential development to the east.
EVALUATION
The City Council already recommended annexation to LAFCo. The City Council
reviewed the planned development proposal for the site and approved the pre - zoning,
paving the way to annexation. With this approval, the owners applied to the Local Agency
Formation Commission (LAFCo) and received approval of the annexation. Issues related
to the property development inside the city were discussed at these hearings.
2. The other property owners own part of the street. The protest hearing is required
because property owners other than the annexation applicant are involved. The other
property owners own the southerly half of El Capitan Way and also have access easements
over the northerly half. The applicant submitted an annexation request initially that did
not include the southerly half of El Capitan, but the City Council and LAFCo both rejected
that proposal and required annexation of the full right -of -way area. When a right -of -way is
split between two jurisdictions, maintenance and access rights are sometimes difficult to
determine over time.
The owners of the southerly half of the road will have an opportunity to express objections
to or support of the annexation at the hearing. If the annexation is finally approved by the
City Council, then the road will be fiilly inside the city limits. However, dedication or
condemnation will be necessary for the City to obtain the full street as a dedicated right -
of -way. If condemnation is required, the annexation applicant will be required to pay all
3�
Council Agenda Report - El Capitan Protest Hearing
850 El Capitan
Page 3
costs, including City legal fees.
3. The Council may not change the boundaries approved by LAFCo. If the City Council
wants to amend the boundaries of the annexation, it must forward this request to LAFCo
for an amendment to the annexation resolution.
CONCURRENCES
No other departments have concerns with the annexation.
FISCAL EWPACT
Annexation will result. in additional tax revenues and will also require additional City services.
Effects on the City's finances are expected to be minimal.
ALTERNATIVES
1. The City Council may approve the boundary change, after receiving oral and written
comments at the hearing. This action would finalize the annexation. Recording of the
action would then be done by the LAFCo office.
2. The City Council may approve the boundary change subject to a vote by the electorate.
This action would delay the annexation and subsequent development of the site.
3. The City Council may deny the boundary change. The annexation would then not take
place and the property would remain outside the city limits.
Attachments
Draft resolutions
Vicinity map
LAFCo resolutions approving annexation and adopting a revised sphere of service
LAFCo filing procedure
3-3
RESOLUTION NO. (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPROVAL OF A BOUNDARY CHANGE TO THE CITY LEWrS
THEREBY DENYING ANNEXATION NO. 45
AT 850 EL CAPITAN (EL CAPTTAN ANNEXATION).
(Annex 46-96)
WHEREAS, the City Council conducted a public hearing on January 7, 1997 and has
considered testimony of interested parties and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed annexation is not consistent with
the . [General Plan], the [Edna -Islay Specific Plan], the [Zoning Regulations], [Planned
Development 46-96] and other applicable City ordinances; and
BE IT RESOLVED, by the Council of the City of San Luis Obispo, that the boundary
change accepting the El Capitan Annexation as described on the attached Exhibit A is hereby
denied.
On motion of
and on th e following roll call vote:
AYES:
NOES:
ABSENT:
seconded by
the foregoing resolution was adopted this day of
Mayor Allen Settle
1997.
--?-6
Resolution no. ('1997 Series)
Annexation no. .45 (City file ## 46 -96)
850 EI Gap_ itan
Page 2
ATTEST:,
City Clerk Bonnie Gawf - — - _
APPROVED AS TO FORM:
City to Jeiirey 7orgensen - —
a
fir 11 aI-r
mi NO
-
-
1'
(^
(Exhibit"
11�
• SAN LUss OOIBPO COUNTY 01iARTMENT OF PLANNING C. OUILOINO :
.. 'A
/// ( Exhibit
• SAN LUIS Campo COUNTY _iGPARTMENT OF PLANNING 6 CUILOIN,
aoo THIS ENT( I
ion
SITE
io2
mpmiqqm�N:
3•�i
Z.
9�
Opy
G
2.
1.
IV ORTH
\83 -243
3.
A
C O� 109
. J1
CVVVTMM —
2 \�
D (, s C B
I
C076 72
9
9 co 7e 54 E
I G r
r PROJECT - _ �® EXMIl31T ANNEJC4TION TO THE LAFCo FILE a 4 -R -96
CITY OF SAN LUIS OBISPO EXISTING LAND USE CATEGOR —3,—��
IN THE LOCAL AGENCY FORMATION COMMISSION
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Thursday, October 17, 1996
PRESENT: Commissioners Blakely, Briley, Engels, Gates, Laurent, Picanco,
Chairman Pritchard
ABSENT: Commissioners None
RESOLUTION NO. 96 -23
RESOLUTION MAKING DETERMINATIONS APPROVING
ANNEXATION NO. 45 TO THE
CITY OF SAN LUIS OBISPO (EL CAPITAN)
The following resolution is now offered and read:
WHEREAS, on October 16, 1996 there was filed with this Commission a
proposal for Annexation of territory to the City of San Luis Obispo (El Capitan); and
WHEREAS, the Executive Officer has given the notices required by law and
has forwarded copies of his report to officers, persons, and public prescribed by law;
and
WHEREAS, the matter was duly set for public hearing at 9:00 a.m. on October
17, 1996 and the public hearing was duly conducted and determined and decision
was made on October 17, 1996; and
WHEREAS, at said hearing this Commission heard and received all oral and
written protests, objections, and evidence, which were made, presented, or filed, and
all persons present were given the opportunity to hear and be heard in respect to any
matter relating to said proposal and report; and
WHEREAS, the Commission received the Negative Declaration prepared by
the City of San Luis Obispo for this project, reviewed and considered the information
contained herein and all comments received during the public hearing process; and
WHEREAS, the Commission duly considered the proposal and finds that the
territory proposed to be annexed is uninhabited; that the distinctive short form
designation of the territory proposed to be annexed is "Annexation No. 45 to the City
of San Luis Obispo (El Capitan) "; that the territory proposed for annexation is located
within the sphere of influence and sphere of service of the City of San Luis Obispo;
and that the proposed annexation should be approved.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Local Agency
Formation Commission of the County of San Luis Obispo, State of California, as
follows:
1. That the recitals set forth hereinabove are true, correct, and valid.
2. The Negative Declaration for this project was adopted in Resolution 96-
22.
3. That the legal description and map of the annexation approved by this
Commission is attached thereto, marked Exhibit °A°, and incorporated by reference
herein as though set forth in full.
4. That Annexation No. 45 to the City of San Luis Obispo (El Capitan),
being further identified as LAFCO File No. 4-R -96, is hereby approved with the
condition that the City of San Luis Obispo approve a resolution agreeing to the
exchange of property tax revenue in concurrence with the resolution adopted by the
Board of Supervisors on October 15, 1996.
5. The conducting authority for subsequent proceedings is hereby
designated as the City of San Luis Obispo.
6. The Executive Officer of this Commission is authorized and directed to
mail copies of this resolution in the manner by law.
Upon motion of Commissioner Engels, seconded by Commissioner Picanco,
and on the following roll call to wit
AYES: Commissioners Engels, Picanco, Blakely, Briley, Gates, Laurent,
Chairman Pritchard
NOES: None
ABSENT: None
ABSTAINING: None
the foregoing resolution is hereby adopted. D \
Chairmaped
3 said Local Agency
Formation Commission
ATTEST
--V� � . 1
Deputy Executive Officer
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
Cou Counsel
By-
-9epj County Counsel
96-23
-3 -/Z
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
I, Robert E. Hendrix, Executive Officer of the Local Agency Formation
Commission said County and State, do hereby certify the foregoing to be a full, true
and correct copy of the original on file in my office, and that I have carefully
compared the same with the original.
WITNESS my hand this 4 day of tz4VfNGM 19�.
ROBERT E. HENDRIX
Executive Officer
By. �o�•�./ l
Deputy Executive Officer
96-23
43
EL CAPITAN ANNEXATION �.J it "F TO THE CITY OF SAN LUIS OBISPO, CA. .
Legal Description
That portion of land situated in the County of San Luis Obispo, California, being a portion of Lot 103 of
the San Luis Obispo Suburban Tract, according to that map recorded February 7, 1906, filed in Book 1,
Page 92 of Record of Surveys in the office of the Recorder for said county, more particularly described as
follows:
Commencing at a 1 1/2 inch iron pipe with tag stamped R.C.E. 12545, accepted as marking the intersection
of the easterly prolongation of the northerly line of said Lot 103 with of the easterly boundary of the Pacific
Coast Railroad Right -of - -Way as shown on that map recorded February 7, 1986, filed in Book 51, Page 51
of Record of Surveys in the office of the Recorder for said county;
Thence, along the prolongation of said northerly boundary of Lot 103, South 65° 10' 00" West, 63.11 feet
to the northeasterly comer of said Lot 103, and the True Point of Beginning;
Thence, along said northerly line of Lot 103, South 65° 10' 00" West, 945.37 feet to the easterly boundary
of the State Highway 227 Right -of - -Way as shown on said map recorded February 7, 1986, filed in Book
51, Page 51 of Record of Surveys in the office of the Recorder for said county;
Thence, leaving the northerly boundary of Lot 103 and running southerly along said easterly boundary of
the State Highway 227 Right -of -Way, along a non - tangent curve with a radial bearing inward of South 68°
15' 25" West, and with a radius of 7055.00 feet, through a central angle of 0° 16' 35 ", an arc length of
34.03 feet;
Thence, South 20° 11' 53" East, 156.28 feet to a point that lies 140.00 feet northerly of the southerly line
of said Lot 103;
Thence, leaving said easterly boundary of the State Highway 227 Right -of - -Way, along a line that lies
140.00 feet northerly of and parallel to the southerly line of said Lot 103, North 65° 10' 00" Fast, 899.61
feet to the westerly line of said Pacific Coast Railroad Right of Way;
Thence, Northerly, along the westerly boundary of said Pacific Coast Railroad Right of Way, along a non-
tangent curve with a radial bearing inward of North 82° 42' 11" East, and with a radius of 984.95 feet,
through a central angle of 0° 29' 02 ", an arc length of 8.32 feet;
Thence, North 60 50' 00" West, 174.83 feet to the True Point of Beginning.
Containing 3.85 Acres.
End Description
'ail. A.1 11,.,- /;
Prepared By: 'W U U ) $ 14 1A9k)
Daniel S. Hutchinson, L.S. 5139 (lic. exp. 6/30/99)
Date: i5Z3Z�
AND S�
r S. HUl
yy o�
N.
N0. 5139
Of CALIF
I
Exhobl A" 1
p. SAN LUIS O01BP N
O COUNTY O1iARTMENT OF PLANNING 6 GUILOINO
' .
� t `'• J( f4 I wssct 5
' 6
flDniSs y ; 1 * �' t 0
AL
N
t t.s
t KI.
.M i
t RD
SITE ' , ir
ITE 1
FARM i aD `� tt-U`� ° t „m„ � 4�` �, i °,•'l.. '`' .. ` i
S& LUIS
WISFU
...w. wr
70RT OR
s.a
U.J , Lu
I(
N �
I
cr_ Cc `
V
fgt
°
rs
118
°
s
fp
�
�
__
- - --
iN1E SISTERS
OR
I
i
I
y
pti9
I
j
'
,
113
o�
i
i
i
1
: SERPA RAId
_/
" fJ
i� �! i
', !•
RO
I
1.•r :.I
r� _•
���_ .. .
LK
1 rrr 24
I
•'E
!
1
1
?. •
R -
.Bf
ems.
eo
'
SAN LUIS GTISM
iirtr• I
f � Q
I r UEr
u(.7RT
O
� e
°
I
R
I
unn O
t
n3ipp -F
�a
NORTH
�y`
I— PROJECT
EXHIBIT
f 1111 ANNEXATION TO THE
LAFCo FILE 114 -R -96
CITY OF SAN LUIS OBISPO
VICINITY MAP
�'�.S
IN THE LOCAL AGENCY FORMATION COMMISSION
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Thursday, October 17, 1996
PRESENT: Commissioners Blakely, Briley, Engels, Gates, Laurent, Picanco,
Chairman Pritchard
ABSENT: None
RESOLUTION NO. 96-21
RESOLUTION ADOPTING A REVISED SPHERE OF SERVICE
FOR ANNEXATION NO. 45 TO THE
CITY OF SAN LUIS OBISPO (EL CAPITAN)
The following resolution is now offered and read:
WHEREAS, pursuant to Government Code Sections 56425 et seq. and the
Commission's duly adopted °General Policies and Criteria" for spheres of influence,
the Commission has previously adopted a sphere of service for the City of San Luis
Obispo; and
WHEREAS, in connection with File No. 4 -R -96, the Commission has been
requested to consider a revision to and amendment of its previously adopted sphere
of service for the proposed Annexation of Territory to the City of San Luis Obispo (El
Capitan); and
WHEREAS, the Executive Officer has given the notices required by law and
forwarded copies of his report to officers, persons and public agencies prescribed by
law; and
WHEREAS, the matter was set for public hearing at 9:00 am. on October 17,
1996, and the public hearing was duly conducted and determined and decision made
on October 17, 1996; and
WHEREAS, at said hearing, this Commission heard and received all oral and
written protests, objections and evidence, which were made, presented or filed, and
all persons present were given the opportunity to hear and be heard in respect to any
matter relating to said proposal and report; and
WHEREAS, the Commission has duly considered the negative declaration
approval for this project, and has reviewed and considered the information contained
therein and all comments received during the public hearing process; and
WHEREAS, the Commission has considered all factors required to be
considered by Government *Code Sections 56425 et seq. and adopts as its written
statement of determinations therein, the determinations set forth in on page 11, items
1-4 of the Executive Officer's report dated October 17, 1996, said determinations
being incorporated by reference herein as though set forth in full.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Local Agency
Formation Commission of the County of San Luis Obispo, State of California, as
follows:
That the recitals set forth hereinabove are true, correct, and valid.
.?- /G
2. That the business of the sphere of service determined and adopted by
this Commission for Annexation No. 45 to the City of San Luis Obispo (El Capitan),
are hereby revised as set forth in Exhibit A attached hereto and incorporated by
reference herein as though set forth in full.
3. That the Executive Officer of this Commission is authorized and directed
to mail certified copies of this resolution in the manner provided by law.
Upon motion of Commissioner Engels, seconded by Commissioner Picanco,
and on the following roll call to wit:
AYES: Commissioners Engels, Picanco, Blakely, Briley, Gates, Laurent,
Chairman Pritchard
NOES: None
ABSENT: None
ABSTAINING: None
the foregoing resolution is hereby adopted.
_ h
Chairm said Local Agency
Formation ommission
ATTEST
�� I .:
Deputy Executive Officer
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By: jj
MpulT Coun ty Counsel
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
I, Robert E. Hendrix, Executive Officer of the Local Agency Formation
Commission said County and State, do hereby certify the foregoing to be a full, true
and correct copy of the original on file in my office, and that I have carefully
compared the same with the original.
WITNESS my hand this q"'-ril day of
ROBERT E.- HENDRIX
Executive Officer
By: L.
Deputy Executive Officer
96-21
.JG M
PAFTENT OF PLANNING 6 OUILOIN�
CAN LUIS OBISPO COUNT4'
1. 1
a0o THIS ENTI F
101
SITE.
102
t`
I10
05
c 109
t G
V•
f06
e�eQraa
c GNOME=
A
D �, s C s
I eO`30 3. COT8 T2 f�
Opp
G
2.
NORTH �
C085 -245 9 co 7654 E G ,� \H /'
PFIOlECT EXHIOIT
ANNEXATION TO THE LAFCu FILE # 4 -R -96
CITY OF SAN LUIS OBISPO EXISTING LAND USE CATEGOR
WT. C'APITAN ANNrYATION1 (DETAIL) d
LAFCO • Local Agency Formation Commission
Serving the Area of San Luis Obispo Coupty
&:t.►1:1VEID
ffiV =1996
FILING PROCEDURE
RE: Annexation No. 45 to the City of San Luis Obispo (El Capitan)
At its meeting on October 17, 1996, the Local Agency Formation Commission
adopted the enclosed resolution approving the above - referenced proposal subject
to the terms and conditions specified in the resolution. Your agency (City, County,
or Special District) is the conducting authority responsible for completing
subsequent proceedings. Pursuant to Government Code Section 57000 et seq., the
conducting authority must take the following actions upon receipt of the
Commission's resolution:
1. Adopt a resolution initiating proceedings for the proposal which shall
comply with the Commission's resolution and shall
2. Set a date for public hearing on the proposal which shall not be less than
15 days nor more than 60 days after the notice is given.
At the public hearing, the conducting authority shall hear and receive all oral and
written protest. Based upon the amount of written protest filed and not withdrawn
by resident voters or landowners, the conducting authority shall act to either (a)
order the boundary change without election, (b) order the boundary change
subject to confirmation by the voters, or (c) deny the boundary change.
If your Board/Council adopts an ordinance or resolution ordering a boundary
change, the following materials must be sent to the LAFCO office for filing:
1. Four certified copies of the ordinance or resolution approving the
boundary change.
2. Four conies of the legal description of boundaries approved by LAFCO.
3. Four conies of the map showing boundaries of the area approved by
LAFCO.
4. The State Board of Equalization fee in the amount of $250.00 made
payable to "State Board of Equalization." (If your District is not carried on
the regular County Assessment Roll, please indicate when submitting
documents - -no fee is required.)
5. Certificate Re: Terms and Conditions and indebtedness (if attached).
1035 Palm Street, Room 370 • San Luis Obispo, California 93408 • (805) 781 -5795
d -/
The Executive Officer will check all documents for compliance before making filings with the
County Recorder, State Board of Equalization, and County Assessor. Amendments to the
LAFCO resolution, including boundary modifications, may be made only by the Commission.
If you need more information, please call the LAFCO. office at 781 -5795.
Date:
Paul L. Hood
Deputy Executive Officer
4R -96
j -�0