HomeMy WebLinkAbout04/01/1997, 2 - SPICE HUNTER / SONIC ANNEXATION: CONSIDERATION OF A REQUEST TO ANNEX TWO PARCELS TOTALING 14.44 ACRES BETWEEN TANK FARM AND SUBURBAN ROADS. ANNX, GP/R, ER 1-97. ANNEXATION # 47. council "°`67
j agenba Report
CITY OF SAN LUIS O B I S P 0
FROM: Arnold Jonas,Community Development Director ,
Prepared By: R'Wtney McDvaine,Associate Planner
SUBJECT: Spice Hunter / Sonic Annexation: Consideration of a request to annex two parcels
totaling 14.44 acres between Tank Farm and Suburban Roads. Annx, GP/R, ER 1-97. Annexation#
47.
CAO RECOMMENDATION:
a) Conceptually approve a mitigated negative declaration of environmental impact and amendment
of the General Plan Land Use Element text (attached as Exhibit A to the General Plan
amendment resolution) to enable annexation prior to completion of an Airport Area Specific
Plan, and direct staff to aggregate the resolution with other proposed General Plan amendment
actions for adoption by single motion at the end of this meeting. (It is not necessaryto approve
the same general plan amendment twice. If the amendment is approved in conjunction with the
Ernie Ball Annexation,Council only needs to take actions b and c.)
b) Pass to print an ordinance concurring with the mitigated Negative Declaration of Environmental
Impact and prezoning the annexation area Manufacturing(lvJ).
c) Approve and authorize the Mayor to execute a pre-annexation agreement with the applicant
providing for payment of fees consistent with the interim annexation policy.
d) Adopt a resolution recommending that LAFCo approve the annexation.
REPORT-IN-BRIEF
Lucia Cleveland of the Spice Hunter, anticipates the need to expand manufacturing facilities to
keep up with demand for the comparry's gourmet food products. To that end the company has
purchased the lot at 190 Tank Farm Road and is developing plans for a new manufacturing and
warehousing facility. Annexation is desired so that full City services can be provided. Since this
lot is not immediately adjacent to city limits on its west side, annexation of the intervening lot at
180 Tank Farm Road is also requested by Sonic Cable.
Initial environmental review of this project concludes that annexation in itself has no potentially
significant environmental impacts, and recommends resolving the General Plan consistency issue
by relying on the same interim annexation amendment recommended for the Ernie Ball
Annexation in order to enable annexation prior to adoption of an Airport Area Specific Plan.
02-�
Spice Hunter/Sonic Annexatwn:1-97
Council Hearing April 1, 1997
Page 2
The County of San Luis Obispo Local Agency Formation Commission(LAFCo) regulates annexation.
In this case, LAFCo proceedings were initiated by the applicant. City and LAFCo policies require that
the Planning Commission and City Council determine the appropriate General Plan land use
designation and zoning for the site to be annexed. LAFCo review will resume once Council acts on the
General Plan amendment and prezoning. Final Council action is taken on the site zoning after LAFCo
review.
The Planning Commission reviewed this request on March 12th and recommend approving the
General Plan amendment (if not accomplished with the action on the Ernie Ball application) to
enable annexation prior to completion of the Airport Area specific plan; prezoning the property
Manufachuing (NO; and adopting a Negative Declaration, as outlined in the CAO
Recommendation above. In this case, the applicants would prefer a Service-Commercial (C-S)
prezoning.
DISCUSSION
A. Background
Data Summary
Applicant/Property Owners: Lucia Cleveland, Spice Hunter; Chris Cohan, Sonic Cable
Representative: Cannon and Associates
County Zoning: Service Commercial
General Plan: Services and Manufacturing
Environmental Status: The Director determined the project required a. mitigated negative
declaration of environmental impact on February 11, 1997.
Project Action Deadline: Legislative projects are not subject to permit streamlining.
Site Description
The area to be annexed is vacant. Surrounding land uses include agriculture and other service-
commercial and manufacturing operations.
Project Description
The applicant is requesting:
1. Annexation of two lots with a total area of 14.44 acres;
2. General Plan Amendment to modify existing Land Use Element policies to enable
annexation of airport area properties prior to completion of an Airport Area Specific Plan;
3. Prezoning the project site Service-Commercial (C-S); and
4. An environmental determination.
o2—oZ
Spice Hunter/Sonic Annexatit._..1-97
Council Hearing April 1, 1997
Page 3
B. Evaluation
Timing of the Annexation/General Plan Amendment
Ultimately this site is envisioned by both City and County land use plans to be annexed to the
City. It is the policy of the Council to process interim annexations in the airport area while
simultaneously working toward the goal of preparing a specific plan for this area. On March 11,
1997, the Council directed staff to implement an interim annexation strategy to enable annexation
of certain airport area properties subject to specified criteria. Applicant compliance with the
interim plan would be guaranteed through a formal written agreement between the applicant and
the City.
Annexation prior to completion of the specific plan raises the issue of General Plan consistency.
To achieve consistency, staff recommends revising Land Use Element policies 1.13.3 and 7.3 to
enable, and establish criteria for, interim annexations, with either this action or the Ernie Ball
application. A draft amendment to these policies - incorporating the criteria approved by the
Council on March I Ih-is attached as Exhibit A to the general plan amendment resolution.
Staff also recommends that this annexation request be considered now rather than at a later date in
conjunction with a comprehensive airport area annexation because:
1. the site adjoins current city limits;
2. sufficient capacity exists and the property can easily be served by extensions of existing utilities, and
by existing police and fire protection;
3. the applicant is willing to contribute her apportioned share of the cost of specific plan prepamfion,
area wide infrastructure improvements and open space acquisition.
PreaoninolAnd Use
The City's General Plan applies a land use designation of Services and Manufacturing to these
properties. To be consistent with this designation the properties must be zoned either
Manufacturing (M), or Service-Commercial (C-S). The primary difference between the two
zoning districts is the commercial character and broader range of retail sales uses allowed in the
C-S zone. The applicant has requested C-S zoning to maximize the availability of potential tenants
to both share the site in the short range, and on a permanent basis. Initial construction is
anticipated to be a 100,000 square foot building, with 60,000 square feet occupied by Spice
Hunter and the remaining 40,000 square feet by a second tenant until Spice Hunter eventually
grows utilize the entire building. Future plans call for a second 20,000 square foot building near
the Tank Farm Road frontage for other uses.
Following consideration of applicant's requested zoning and testimony in support of that
designation, General Plan land use goals for the area, the desirability of using a completed Airport
Spice Hunter/Sonic Annexatit,_.t-97
Council Hearing April 1, 1997
Page 4
Area Specific Plan to establish the overall zoning pattern for the area, and staff's zoning
recommendation, the Planning Commission has recommended that Council prezone both
properties to the M District.
The Commission's decision was based on a number of factors including the proposed primary use
of the site, manufacture of food products, and intended access from Suburban Road, a "local
street" as shown in figure 2 of the General Plan Circulation Element. The Zoning Ordinance
states:
The M zone is intended to provide for assembly and fabrication activities in addition
to those permitted in the C-S zone, and for limited sales and services - primarily
those not directly related to local consumers. This zone will be applied to areas
designated 'service commercial / light industrial' (since changed to Services and
Manufacturing on the 1994 General Plan Land Use Element map), usually those
served by, but having no frontage on, arterial streets.
The Commission also took into consideration the City's economic vision for the Airport Area as a
location for businesses providing quality head-of-household jobs within a large-lot, large-building
business park setting. Allowing more retail commercial uses might inhibit attainment of this
community wide goal. The Commission was also concerned that application of C-S to the subject
properties would establish a precedent for similar zoning of other adjoining properties along
Tank Farm Road, and could also stimulate requests for reclassification of existing M zoned
properties nearer South Higuera Street. Commissioners determined that application of the M zone
is appropriate at this time, with adjustments as required to accommodate C-S being made after
Specific Plan adoption. They feel that future expansion of allowable uses on specific properties is
acceptable, while reduction in uses would be infeasible.
Oven Snace Dedication
The applicant has two alternatives in meeting policy requirements for greenbelt open space
protection: payment of in-lieu fees or dedicating an open space easement or fee ownership for
land in the southern part of the City's greenbelt.
♦ LUE Policy 7.4 Greenbelt Protection
Annexation of the Airport Area, whether it occurs as one action or several, shall be consistent
with the growth management objectives of maintaining areas outside the urban reserve line in
rural, predominantly open space uses. An Airport Area annexation shall not take effect unless
the annexed area helps protect an appropriate part of the greenbelt near the Airport Area,
through one or more of the following methods:
A. Dedicating an open-space easement or fee ownership to the City or to a responsible
land-conservation organization.
B. Paying fees to the City in-lieu of dedication, which shall be used within a reasonable
time to secure greenbelt open space near the Airport Area.
Spice Hunter/Sonic Anuexati%,. 1-97
Council Hearing April 1, 1997
Page 5
Note: In this case, the applicant should be prepared at the meeting to identify which of the two
options she chooses to comply with.
Sonic Cable Property
The owner of the lot at 180 Tank Farm Road has agreed to be included in the annexation request
to avoid a potentially unacceptable configuration for the annexation. This property owner has no
plans for developing the site in the near future. Future site development would be separately
responsible for its apportioned cost of specific plan preparation and open space protection, in
addition to costs and fees associated with provision of City utilities and services, assessed upon
City receipt of a development application.
Interim Annexation Financing Plan and Aereement
As part of the March I lm action the Council also approved an Interim Annexation Financing Plan
designed to assure that interim annexation applicants commit to specific plan, backbone
infrastructure, and open space funding. The amount of the interim commitment has been set at
$17,828 per acre, which includes $2,500 per acre for open space. The open space component is
to be paid at the time of annexation. The balance can also be paid at annexation, or deferred by
securing a letter of credit.
The Spice Hunter has conceptually agreed to the requirements of the plan. These requirements
are being set forth in a "pre-annexation" agreement, which shall be available to the Council prior
to the meeting of April ld.
With regard to Sonic Cable, the company has not requested annexation nor do they have any
near-term development plans. This property is being included in the annexation only in order to
improve the overall configuration of the annexation boundary. For this reason, it is recommended
that they not be required to execute a pre-annexation agreement. Instead, this property will be
required to pay all fees in place at the time of property development.
Environmental Impacts
The attached environmental initial study concludes that annexation will not result in any
significant adverse impacts on the physical environment. The California Environmental Quality
Act requires review of project consistency with applicable general plan policies and zoning
standards. The potential inconsistency with band Use Element policies related to the timing of
annexation is discussed above.
ALTERNATIVES
1. Adopt a resolution denying the annexation and prezoning.
2. Continue action with direction. This action would delay consideration of the General Plan
o�
Spice Hunter/Sonic Annexatio.:;.1-97
Council Hearing April 1, 1997
Page 6
amendment to allow inclusion with the next batch of General Plan amendments, now tentatively
scheduled for August.
OTHER DEPARTMENT COMMENTS
Other department comments support annexation and are attached to the environmental initial
study.
Attached:
Resolution for approval of the general plan amendment
Resolution requesting LAFCo proceedings
Ordinance for prezoning
Resolution for project denial
Environmental initial study
a-�
RESOLUTION NO. (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A GENERAL PLAN TEXT AMENDMENT
FOR A PROPOSED ANNEXATION OF 14.44 ACRES
AT 180 and 190 TANK FARM ROAD (GP/R/ANNX/ER 1-97)
ANNEXATION#47
WHEREAS, the Planning Commission conducted a public hearing on March 12, 1997.and
recommended approval of an amendment to the general plan text to enable certain annexations prior to .
completion of an airport area specific plan; and
WHEREAS, the City Council conducted a public hearing on April 1, 1997 and has considered
testimony of interested persons, the records of the Planning Commission hearing and action, and
evaluation and recommendations of staff,
VIBEREAS, the potential environmental impacts of the amendment have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines;
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration with the recommended mitigation therein adequately addresses the potential
significant environmental impacts of the proposed project, and reflects the independent judgment
of the City Council. The Council hereby adopts said Negative Declaration(ER 1-97).
SECTION 2. The City Council makes the following finding
1. The proposed amendment to Land Use Element policies 1.13.3 and 7.3 to enable interim
annexation of airport area properties will not be detrimental to the health, safety and welfare
of persons residing or working in the vicinity.
2. The proposed amendment to Land Use Element policies 1.13.3 and 7.3, to enable interim
annexations in the Airport Area prior to completion of and Airport Area specific plan is
consistent with general plan goals and polices related to orderly development and ultimate
annexation of airport area properties.
SECTION 3. The General Plan Land Use Element text is hereby amended as shown on the
attached Exhibit A. The Community Development Director shall cause the change to be reflected in
affected documents which are available in City Hall for public use.
On motion of , seconded by ,and
on the following roll call vote:
Annx/GP/R/ER 1-97 =
Spice Hunter/Sonic
Page 2
AYES:
NOES:
ABSENT:
the foregoing resolution was-passed and adopted this, —_day 1997.
Mayor.Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED:
ey _ J ensen
LU 1.13.3: Required Plans
Land in any of the following annexation areas may be developed only after the City has
adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and
financing of public facilities for the area. The plan shall provide 'for open space
protection consistent with LU policy 1.13.5.
For the Airport area, a specific plan shall be
adopted for the whole of sac} area bafo;e aRy par4 of it :c annexad.
Until a specific plan is adopted, properties may only be annexed if
they meet the following criteria:
The property is contiguous to the existing city limits,• and
2) The propertv is within the existing urban reserve line; and
3) The property is located near to existing infrastructure: and
4) Existing infrastructure capacity is available to serve the
proposed development: and
5) A development plan for the property belonging to the
applicant(s) accompanies the application for annexation,• and
6) The applicant(s) agree to contribute to the cost of preparing the
specific plan and constructing area-wide infrastructure
improvements according to a cost sharink plan maintained by
the City.
Clg) For the Orcutt expansion area a specific plan shall be adopted
for the whole area before any part of it is annexed
D6) For the Margarita Area, annexation may not occur until the City :
Council has -approved, as the project description for
environmental review, a draft specific plan. Further
development shall not occur until the City has completed
environmental review and adopted a specific plan. (This area
shall be zoned Conservation/Open Space upon annexation, and
shall be zoned consistent with the adopted specific plan upon
adoption of the specific plan.)
FD) For any other annexations, the required plan may be a specific
plan, development plan under "PW zoning, or similar
development plan covering the entire area.
EXHIBIT A
LU 7.3: City Annexation and Services
The City intends to actively pursue annexation of the Airport Area by the year 19
Airport Area land inside the urban reserve shall be considered for annexation if it meets
the criteria stated'in Policy 1.13.3.A Annexation of areas that do not meet these
interim annexation criteria may be annexed subject to completion of environmental and
economic studies and a.specific plan. Pending annexation:
A) Any urban development approved by the County shall be consistent
with City development standards; and
B) Urban development and provision of adequate resources and
services needed citywide shall be closely monitored.
EXHIBIT A
a Io
ORDINANCE NO. (1997 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO AMEND THE OFFICIAL ZONING MAP
TO PREZONE APPROXIMATELY 14.44 ACRES M
FOR PROPERTY LOCATED AT 180 and 190 TANK FARM ROAD
(GP/R/ANNX/ER 1-97)
WHEREAS, the Planning Commission conducted a public hearing on March 12, 1997 and
recommended prezomrig the proposed annexation site Manufacturing (M); and
WHEREAS, the City Council conducted a public hearing on April 1, 1997 and has considered
testimony of interested persons, the records of the Planning Commission hearing and action, and
evaluation and recommendations of staff in accordance with Section 65800 et. seq. of the California
Government Code; and
WHEREAS, the potential environmental impacts of the change have been evaluated in
accordance with the California Environmental Quality Act (CEQA) and the City Environmental
Guidelines.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration (ER 1-97) with the recommended mitigation therein adequately addresses the
potential significant environmental impacts of the proposed project, and reflects the
independent judgment of the City Council. The Council hereby adopts said Negative
Declaration.
SECTION 2. The City Council makes the following findings:
1. The proposed prezoning will not be detrimental to the health safety and welfare of persons
living or working in the area or at the site.
2. Prezoning the site Manufacturing is consistent with the general plan land use
designation of Services and Manufacturing.
3. Prezoning the site Manufacturing is consistent with the intended use and location of M-
zoned properties as described in the zoning regulations.
4. A prezoning of Manufacturing is appropriate at the proposed location and will be
compatible with surrounding land uses which are primarily industrial and agricultural in
nature.
SECTION 3: The annexation area shall be prezoned Manufacturing (M) as shown on the
attached map marked Exhibit A and included herein by reference.
Prezoning for Annexation#47: Spice Hunter
Page 2
SECTION 4. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in said city. This ordinance shall go into
effect upon the date of final action by the City Council on the annexation.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at its meeting held on the day of , 1997, on motion of
seconded by , and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
Attoy ff J ensen
s R-2-S
� C
PF °ss R-2
Fk* P ,�
Cj >
� F �
C—S4N
a � " 60NET'll CR
S P
1/ 4�
h.
�o
•' � GRANADA DRNE
.�-S-P / c-s c-S-SP-0.0 -GTT LOTT- -
C-s R 2 S
C-T M -S P ,
c/Os-2
V
TARE ►
r,Z, .fir 6.1.0 S010IIAM ICAO
V
f c+ R-1- /
PROJECT SITE
C/Os
o to be prezoned
' R-2- PO Manufacturing (M)
`�, _ ,�`•• ` z
I � J
J
W_
Z!, /
j N
N.T_S.
MaimonPrezoning Exhibit A
ASSOCIATES The Spice Hunter Annexation Area
9611031dtyzcne.pm5 12116!96
RESOLUTION NO. (1997 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL
REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION
APPROVE SLO COUNTY ANNEXATION#47 AT
180, 190 TANK FARM ROAD
(City File No:GP/R/ANNX/ER 1-97)
SPICE HUNTER/SONIC ANNEXATION
WHEREAS,the Planning Commission and City Council have held hearings on the proposed annexation on
March 12 and April 1, 1997 respectively,and
WHEREAS, the City Council on April 1, 1997, by Ordinance No. (1997 Series), approved a
Negative Declaration with Mitigation for the proposed annexation,pursuant to the Califomia Environmental Quality
Act Guidelines Section 15090;and
WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the
Council has approved an amendment of the Zoning Map by prezoning the annexation property,and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency,
Formation Commission to initiate formal annexation proceedings;and
WHEREAS,the territory to be annexed is not inhabited,and a description of the boundaries of the territory is
set forth in attached Exhibit B;and
WHEREAS,this proposal is consistent with the sphere of influence of the affected city,
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1:Fes.
I. Annexation is appropriate since the site is contiguous to the City on its north and west sides.
2. Annexation of the site is a logical addition to the City due to its location, on-site urban development,
and availability of services.
3. The proposed annexation will promote the health,safety,and welfare of persons living or working in
the vicinity of the annexation area
SECTION 2:Annexation Area Descnbed. The annexation shall consist of that area, covering approximately
14.44 acres between Suburban and Tank Farm Roads, assigned Assessor's Parcel Numbers of 76-352-053, 055, as
shown in the site location map attached as Exhibit A and legally described in attached Exhibit B.
SECTION 3: Council Recommendation The City Council recommends that the Local Agency Formation
Commission of San Luis Obispo County approve the proposed annexation subject to property owner compliance
with City requirements regarding environmental mitigation and public improvements as described in the Negative
Declaration with mitigation,in accordance with California Government Code Section 56844 et .
SECTION 4: Imolementation. The City Clerk shall forward a copy of this resolution, General Plan and
prezoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the
Local Agency Formation Commission.
On motion of seconded by
and on the following roll call vote: ,
Annexation/47-Spice Hunter/Sonic Annexation
Page 2
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of 1997.
ATTEST: Mayor Allen Settle
City Clerk Bonnie Crawf
APPROVED AS TO FORM:
m J en
Ot���
h
U
G
pp m� C NO
1 Y N�O N 60�n Z
ryG, arca naY! MNrl < N 2 ]N a N
<< a m :
Q' • r F U Z Wum `p� w
\ C �
aron +reanens L m Z m $ fi oS'>_>_ /O� :�ga a� ry
j Nom_ $ N JG- r j Q X31 n
z a m n
•� m L -to, In a�"n
ZOp L N _ j N m01 ZV
K�oa 7 ^ uY�n olRy O
Z Q m dl�iv 8 ' L'�
O G > OQ 22OYS UY I
m p u CO��I 2 ; 5 zgg_se
aron/Amon ' = o o£S� $ M- N (f)i `335 "W i
g y o _ u3w�5 tib n
- - - N ry noY i Z i S a S m
It
1
e m;�
atlOtl j _WtlWd IT'CCS 15r3 )INV.L
! Z� <na W�
- - � - -
CIT of I
I _ Y < '
n �I^^m W�
p n I w zq;ry �m
Z 31 A- <a s Z TN ffi
. I
= 0 OVA.eye
J I u zzu,•�
F gam.
V oaul`o in
:1=$o
3 6z�
Y I
G v I
I-
_I
=1 s d s
J I
S S C ^ LO b W
V U C3
I z I
w�
N
n C. ; s
05
a � I
I 9 I
I
• I
1 I
I
I
I 1
.0-.zc AN 1 (Ia),Econ isae _
OVOtl NVEtlC78178
Od541051111 NY5 lO UD -- - _ .»'89 AL _- _
o�1eo rni
O=
smw u
Nrs so uwlm r
ri
W
V�Q I uwV �^ I O< I OI V • � • j�+p
6 c1ti I nun 1 <N m> w
1 ^' I I W I Wry
o I � — — � �5 I rcs ®
< r
< . _
EXHIBIT A - - —�
EXHIBIT B
CITY OF SAN LUIS OBISPO ANNEXATION
Legal Description
All that parcel of land in the County of San Luis Obispo, State of California described as follows:
Beginning at a point on the existing city limit boundary, being on the south line of a 20.00 foot
wide road at the southwest corner of Lot 48 as designated on that map entitled, "Map of the
Subdivision of the San Luis Obispo Suburban Trace", filed at the request of J.L.Beckett on
February 7, 1907 in Book 1, at Page 92 ofLicensed Surveys in the office of the Recorder for said
county,
thence„ along the existing city limit boundary and the westerly line of said Lot 48, northerly, 20.00
feet to coater number"SW on the northerly line of said 20.00 foot wide road(Tank Farm Road)
as designated on said Map of the Subdivision of the San Luis Obispo Suburban Tract;
thence, continue along said westerly line of Lot 48, northerly, 22.00 feet to the northerly
boundary of that strip of land offered for dedication for road improvements as designated
according to Parcel Map No. CO-84-054, recorded October 29, 1985,filed in Book 38,Page 32
of Parcel Maps,in the office of the Recorder for said county;
thence, leaving the existing city limit boundary, along the northerly line of said dedicated strip of
land, easterly, 62.13 feet to an intersection with northerly prolongation of the easterly fine of that
parcel of land designated as Lot 5 according to that map entitled, "Map of the subdivision ofLots
2426-31,the North half of Lots 18-23-30, and the South portion of Lot 17 of the Harford and
Chapman Subdivision,in Township 31 South,Range 12 Fast,Mount Diablo Base and Meridian",
being a map of that tract of land commonly referred to as the"Vachell Tract",filed at the request
of A.A. &G.C. Vachell on February 6, 1893 in Book 1, at Page 4 of Licensed Surveys in the
office of the Recorder for said county,
thence, southerly 42.00 fect to the northeast corner of said Lot 5;
thence, along the easterly line of said Lot 5, southerly, 1015.08 to the southeast comer thereof
and the northeast corner of Lot 26, being on the centerline of that 50.00 foot wide road
(Suburban Road)as designated on said map of the Vachell Tract;
thence, along the east fine of said Lot 26, southerly, 25.00 feet to the south line of said 50.00 foot
wide road(Suburban Road);
thence, along the southerly tine of said 50.00 foot wide road(Suburban Road), westerly, 649.44
feet to the westerly line of Lot 27 as designated on said map of the Vachell Tract, being a corner
of theexisting city limit boundary;
Page 1 of 2
thence, along the existing city limit boundary, northerly, 25.00 to the northwest corner of said Lot
27 and the southwest comer ofLot 4, being on the centerline of said 50.00 foot wide road
(Suburban Road) as designated on said map of the Vachell Tract;
thence, along the westerly line of said Lot 4, northerly, 997.06 feet,to a point that lies 20.00 feet
south of the northerly line of said Lot 4;
thence, along a line parallel with and 20.00 feet southerly from the northerly line of said Lots 4
and 5, easterly, 587.31 feet to an intersection with the southerly prolongation of the westerly line
of said Lot 48,
thence, northerly,20.00 feet to the point of beginning.
Containing: 15.3 total acres.
End Description
Prepared by:
Danid S.Hutcbinson,LS 5139(expires 6/30/99)
Date:_ g#�53
e o N0. 5139 z
9a11034opOAm FOF CA0O�a\�
Page 2 of 2
TOTAL P.04
��O
RESOLUTION N0. (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST FOR ANNEXATION AND PREZONING
FOR 14.44 ACRES AT 180 AND 190 TANK FARM ROAD (GP/R/ANNX/ER 1-97)
WFIEIZ� REAS, the Planning Commission conducted a public hearing on March 12; 1997 and
recommended: 1) approval of an amendment the general plan text to enable annexation prior to
completion of an airport area specific plan, and 2) prezoning the proposed annexation site
Manufacturing(M);and 3)forwarding a resolution to LAFCo requesting annexation approval;and
V AREAS, the City Council conducted a public hearing on April 1, 1997 and has considered
testimony of interested persons, the records of the Planning Commission hearing and action, and
evaluation and recommendations of staff,
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of a request for annexation, an
amendment to the general plan text to enable annexation prior to completion of an airport area specific
plan,and for a prezoning the proposed annexation site Service-Commercial (C-S), makes the following
finding(s):
1. Consideration of this annexation and prezoning request is premature and should not occur prior
to completion of an Airport Area specific plan as required by adopted Land Use Element policies
1.13.3 and 7.3.
(Council may insert different or additional findings)
SECTION 2. Denial. The request for approval of the general plan text amendment and
prezoning described above is hereby denied.
On motion of seconded by and on
the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of 1997.
Mayor Allen Settle
a-4
Spiee Hunter/Sonic Annexation- 1-97
Resolution for Denial
Page 2 _ _
ATTEST:
City Clerk Bonnie Gawf -
APPROVED.AS TO FORM:
CityAttomey Jeff Jorgensen -
I��riii��n►�►����i�N�►IIIIIIIIIIIIIII����" "��I
III
city of sAn tuis oaspo
990 Palm Street, San Luis Obispo, CA 93401-3249
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
1 . Project Title: Spice Hunter Annexation, GP / Annx / ER 1-97
2. Lead Agency Name and Address: City of San Luis Obispo
3. Contact Person and, Phone Number: Associate Planner Whitney Mcllvaine,
781-7175
4. Project Location: 180, 190 Tank Farm Road
5. Project Sponsor's Name and Address: Lucia Cleveland, Spice Hunter
6. General Plan Designation: Services and Manufacturing
7. Current County Zoning: Industrial
8. Description of the Project: The applicant is requesting annexation of 15.8
acres of property between Tank Farm and Suburban Roads. The area to be
annexed is vacant. Although not part of this project, the applicant is
anticipating the need to construct a 100,000 SF building to enable future
expansion of the business.
9. Entitlements Requested: Annexation, General Plan Amendment, Prezoning
10. Surrounding Land Uses: Agriculture and other service-commercial and
manufacturing operations.
11 . Other public agencies whose approval is required (e.g. permits, financing
approval, or participation agreement):
Local Agency Formation Commission
/OI The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
V� Telecommunications Device for the Deaf(805)781-7410. �`� /
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
x
Land Use and Planning Biological Resources Aesthetics
Population and Housing Energy and Mineral Cultural Resources
Resources
Geological Problems Hazards Recreation
Water Noise Mandatory Findings
of Si nificance
Air Quality Public Services ;? ? � .x ��\" °Sl"�<`•a�:�`'�1"�,,`\aa _'��;€
kn.♦ �\vps. Ra_\' All\ tiu: i:�\
G\\tet\l'4'Cil...:l''C+k;:1 •t x: }.1�. '�:C6t,ti w vl lv:iv,.n%,:
Transportation and Utilities and Service <.���.;:�,.��.. �;,+4.,:, ;�.�• ;�::�r�,
Circulationy . n:,,. l
S stems
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there x
will not be a significant effect in this case because the mitigation measures described on an
attached sheets have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I find that the proposed project May have a significant effect on the environment, and an'
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least
one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and (2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "Potentially Significant Impact" or is "Potentially
Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (1) have
been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project.
2
-ZZ
February 11, 1997
Si nature Date
Ronald Whisenand Development Review Manager Arnold Jonas, Community Development Dir.
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except 'No Impact" answers that are adequately
supported by the information sources a lead agency cites in the analysis in each section. A 'No
Impact" answer is adequately supported if the referenced information sources show that the impact
simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture
zone). A 'No Impact" answer should be explained where it is based on project-specific factors as
well as general standards le.g. the project will not expose sensitive receptors to pollutants, based
on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "Potentially Significant Impact" entries when the determination
is made, an EIR is required.
4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they
reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier
Analysis," may be cross-referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)
(D). Earlier analyses are discussed in Section 17 at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated. A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
3
o?�3
Issues and Supporting Information Sources Sources Potentiauy Potentially less Iltan No
Significant Significant Significant Impact
Imes UnIew hnpaa
ER 1-97: Spice Hunter Annexation Mitigation
incwporaw
.......................... . . . ....................................
............. ....
...::......................... .�......
I. i:LAND:US..E....A.....ND:PLA.N.N.......I.N........O.......-...�:W..
.... ...
......................................
..�..................................:.........::..:.....::..::.::.::.::..:.:......:...:..:...........:...
...................................................._
aI h general . .& 19tiol;vt . . 1,2,4 x .......
...................................
...............
.......
...............
....................... 0,/,
.......... .........
........ ..................... 14
...........
..bCon I M1 .applicable. . . .........................m
........ ..................
8,9 x
adopteg wagencip&Wjt...JurI$..I;Mom0ve.r1.w
prijid&K]�� 12,
..... ...
.. ............
ise Aridorripg.tibl ...... .......
ip�q. ng�..ah �uselft 8:VICIrilt 7. 1,2
x
x
A Affect:agricijltUra..�:resources.ior:�ooeratf.o.n.s��i.e�g.;�::tmpa
::....�:. ;. .;.:....... . ...............
............. . ' bl
............ f r n gq ,
to :sells; Or a r
�...;...............................
.an uses
e)% P
d...i.v..
d the physical..
.. .. iarrangement
rangemen....................
........O..
...f.............:
x
established,. community;:3 . .Mgia tow income .or:± NA
m
ftimuni. .......
Zoning
The City's general plan applies a designation of Services and Manufacturing to this site. To be consistent
with this land use designation the site must be zoned either Service-Commercial (C-S) or Manufacturing
(M). The applicant is requesting Service-Commercial zoning. However, given the proposed use of the site -
manufacture of food products - and proposed frontage on Suburban Road - a "local street" as shown in
Figure #2 in the Circulation Element - the site would be more appropriately zoned Manufacturing in
accordance with the purpose and application of this zone as described in the zoning regulations:
The M zone is intended to provide for assembly and fabrication activities in addition to those
permitted in the C-S zone, and for limited sales and services - primarily those not directly
related to local consumers. This zone will be applied to areas designated "service-
commercial / light industrial' (since changed to Services and Manufacturing on the 1994
General Plan map), usually those served by, but having no frontage on, arterial streets.
Manufacture of food products is allowed by right in the M zone, but would require approval of an
administrative use permit in the C-S zone. Furthermore, very little M-zoned property is available for
development within city limits, whereas no such shortage exists for C-S-zoned property. An inventory of
development and vacancy in nonresidential zones is attached.
CONCLUSION: Not significant. Consistency with general plan polices and zoning regulations is best achieved
by prezoning the subject property Manufacturing.
Aa icultural Compatibility
CONCLUSION: Not significant. Annexation of vacant land will have no impact on nearby agricultural
operations.
Airport Compatibility
On the City general plan land use map and in Figure 9 (Airport Area map) of the Land Use Element , the site
is included within the boundaries of the Airport Area. The project site is located in Airport Land Use Area 3
as shown in the Airport Land Use Plan. Non-air related manufacturing is a conditionally approvable use in
Airport Land Use Area 3. Development of the project site will be subject to review by the Airport Land Use
Commission.
CONCLUSION: Not significant. Annexation will not impact airport operations.
4
Issues and Supporting Information Sources Sourccs Potentrxny Potentially Uss Than No
Sip ftcard significant Sip ficant Impact
Impact
ER 1-97: Spice Hunter Annexation Imes mitigation
Incorporated
Land Use Element Policies
Ultimately this site is envisioned by both City and County land use plans to be annexed to the City. It is the
policy of City Council to process interim annexations in the airport area while simultaneously working
toward the goal of preparing a specific plan for this area. Until the airport area specific plan is complete,
there is a potential inconsistency with adopted Land Use Element polices related to annexations (policies
1.13.3 and 7.3).
Governing Policies:
♦ 7.2 Airport Land Use Plan
Development should be permitted only if it is consistent with the San Luis Obispo County Airport Land
Use Plan. Prospective buyers of property which is subject to airport influence should be so informed.
CONCLUSION: Not significant. The project does not include development at this time. Future site
developmentis subject to review by the Airport Land Use Commission.
• 7.3 City Annexation and Services
The City intends to actively pursue annexation of the Airport Area by the year 1995. Airport Area land
inside the urban reserve shall be considered for annexation subject to completion of environmental and
economic studies and a specific plan. Pending annexation:
A. Any urban development approved by the County shall be consistent with City development
standards; and
B. Urban development and provision of adequate resources and services needed citywide shall be
closely monitored.
Annexation of vacant land has no impact on urban services. Utility and service provision will be specifically
addressed upon receipt of any application for site development. Preliminary review of the applicant's
conceptual development plan indicates that urban development can be accommodated at this location.
However, the required specific plan has not been prepared.
CONCLUSION: May be significant. Timing of the request for annexation is consistent with the City's stated
timeline. Unfortunately, preparation of the specific plan is taking longer than originally anticipated. Relevant .
policies should be updated to reflect a more realistic preparation time for the specific plan. See discussion
under Land Use Element policy 1.13.3. Staff's recommendation for a revision to policies 1.13.3 and 7.3 is
attached and will be reviewed by the Planning Commission and City Council in their consideration of the
general plan amendment request.
♦ 7.4 Greenbelt Protection
Annexation of the Airport Area, whether it occurs as one action or several, shall be consistent with the
growth management objectives of maintaining areas outside the urban reserve line in rural,
predominantly open space uses. An Airport Area annexation shall not take effect unless the annexed
area helps protect an appropriate part of the greenbelt near the Airport Area, through one or more of
the following methods:
A. Dedicating an open-space easement or fee ownership to the City or to a responsible land-
5
Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
conservation organization.
B. Paying fees to the City in-lieu of dedication, which shall be used within a reasonable time to
secure greenbelt open space near the Airport Area.
CONCLUSION: Less than significant. The applicant has two alternatives in meeting this policy requirement:
payment of in-lieu fees or dedicating an open space easement or fee ownership for land in the southern part
of the City's greenbelt. Acceptance of open space dedication is subject to approval by the Planning
Commission and City Council based on a finding of consistency with City open space policies related to
annexation and development of airport area properties. Also see discussion under LUE Policy 7.14.
♦ 7.5 Internal Open Space
The areas designated for urban uses, but not necessarily each parcel, should include open areas as site
amenities and to protect resources, consistent with the Open Space Element. In addition, wildlife
corridors across the Airport Area shall be identified and preserved.
CONCLUSION: Not significant. This site is not identified in the Open Space Element as having resources
which must be protected.
• 7.6 Development Before Annexation
A. Areas which are designated for eventual urban development may be developed during the
interim with rural residential or rural commercial uses. In such areas, County development
standards and discretionary review should assure that projects will not preclude options for
future urban development consistent with the City's planning policies and standards. Before
any discretionary County land-use or land-division approval for such areas, a development plan
for the site should be prepared, showing that circulation, water and other utility, and drainage
proposals will be compatible with future annexation and urban development.
B. Any development within the urban reserve approved by the County prior to annexation should
comply with City standards for roadway cross-sections, bus stops, walking and bicycle paths,
landscaping, view protection, setbacks, preferred site layouts, and architectural character.
CONCLUSION: Not significant. Development is not being proposed at this time and is anticipated to take
place after annexation.
• 7.7 Transit Service
Transit service linking development sites with the citywide bus system should be provided concurrent
with any additional urban development in the Airport Area.
According to the City Transit Manager, transit service is not expected to be expanded along Suburban or
Tank Farm Road in the next 5 years. There is currently a bus stop at the corner of Suburban Road and
South Higuera Street and one will be installed at the corner of South Higuera Street and Tank Farm Road.
CONCLUSION: Not significant. Additional transit facilities are not expected to be needed for at least 5
years.
6
Issues and Supporting Information Sources Sources Potentiauy Potentially Less Than No
Siguricant Significant Sipificant Impact
ER 1-97: Spice Hunter Annexation Issuesmi�Cigation
Incorporated
♦ 7.8 Specific Plan
The City will prepare a specific plan for land uses, habitat protection, circulation, utilities, and drainage
within the Airport Area.
City Council is scheduled to consider a means of financing the specific plan preparation and that plan's
environmental review in March 1997. The applicant is willing to contribute a pro-rated share of the cost of
specific plan preparation.
CONCLUSION: May be significant when considered together with policies that stipulate preparation of the
specific plan prior to annexation. However, the project will further the goal of specific plan preparation by
contributing a portion of the estimated preparation cost. See discussion under Land Use Element policy.
1.13.3.
♦ 7.14 Open Space Dedication and In-lieu Fees
In approving development proposals the City will assure that Airport Area properties secure protection
for any on-site resources as identified in the Open Space Element. These properties, to help maintain
the greenbelt, shall also secure open space protection for any contiguous, commonly owned land
outside the urban reserve. If it is not feasible to directly obtain protection for such land, fees in lieu of
dedication shall be paid when the property is developed, to help secure the greenbelt in the area south
of the City's urban reserve line. The City shall set fee levels that would be appropriate in-lieu of open
space dedication.
CONCLUSION: Less than significant. The applicant has two alternatives in meeting this policy requirement:
payment of in-lieu fees or dedicating an open space easement or fee ownership for land in the southern part
of the City's greenbelt. Acceptance of open space dedication in locations other than south of the airport
area would require an amendment to Land Use Element Policies 7.14 and 1.13.5. Also see discussion under
policies 7.4 and 7.5.
• 1.13 Annexation and Services
♦ 1.13.1 Water & Sewer Service The City shall not provide nor permit delivery of City water or sewer
services to the following areas. However, the City will serve those parties having valid previous
connections or contracts with the City.
A. Outside the City limits;
B. Outside the urban reserve line;
C. Above elevations reliably served by gravity-flow in the City water system;
D. Below elevations reliably served by gravity-flow or pumps in the City sewer system.
CONCLUSION: Annexation into the City is requested to enable compliance with this policy.
♦ 1.13.2 Annexation Purpose and Timing Annexation should be used as a growth management tool,
both to enable appropriate urban development and to protect open space. Areas within the urban
reserve line which are to be developed with urban uses should be annexed before urban development
occurs. The City may annex an area long before such development is to occur, and the City may annex
areas which are to remain permanently as open space. An area may be annexed in phases, consistent
with the city-approved specific plan or development plan for the area. Phasing of annexation and
development will reflect topography, needed capital facilities and funding, open space objectives, and
existing and proposed land uses and roads.
7
Issues and Supporting Information Sources Sources Potenhady Potentially I=Than No
Significant significant Significant Impact
Issues Unless Impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
The annexation request is consistent with this policy in so far as it calls for annexation before urban
development occurs. Recent applications and inquiries with the City indicate an interest among some
property owners to annex ahead of specific plan preparation, so airport area annexation is likely to occur in
phases. In the case of this annexation request, topography poses no issue since the site is essentially flat.
Needed capital facilities and funding are outlined in the attached letter from the Community Development
Director to the applicant. The applicant recognizes the importance of providing and/or funding such facilities
for the orderly development of the area. Services and frontage improvements will be addressed in
conjunction with any application for site development. The annexation furthers open space objectives as
discussed elsewhere in this section. Proposed land use is consistent with the general plan land use
designation of Services and Manufacturing.
CONCLUSION: Not significant. Annexation is being requested prior to urban development. Urban.
development of this site is envisioned in both City and County land use plans and can be accommodated at
this location.
• 1.13.3 Required Plans Land in any of the following annexation areas may be developed only after the
City has adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and financing of
public facilities for the area. The plan shall provide for open space protection consistent with policy
1.13.5.
A. For the Airport and Orcutt expansion areas, a specific plan shall be adopted for the whole of each
area before any part of it is annexed.
C. For any other annexations, the required plan may be a specific plan, development plan under "PD"
zoning, or similar development plan covering the entire area.
A specific plan for the Airport Area is not likely to be completed for 18 months to 2 years. In response to
recent annexation requests, City staff are developing an interim plan for Council consideration in order to
provide for orderly development that meets City and County objectives for this area. Applicant compliance
with the interim plan would be guaranteed through a formal written agreement between the applicant and
the City. The applicant is willing to contribute funds toward the preparation of an airport area specific plan.
CONCLUSION: May be significant. Annexation prior to completion of the specific plan raises the issue of
general plan consistency. To achieve consistency, either the airport area map shown on Figure 9 in the
Land Use Element must be amended to exclude this site or policy language must be modified to enable and
establish criteria for interim annexations. The applicant has applied for a general plan amendment to enable
the annexation to be consistent with general plan policy. A suggested revision to Land Use Element policies
1.13.3 and 7.3 is attached and will be considered by the Planning Commission and City Council as part of
the general plan amendment request.
♦ 1.13.4 Development and Services Actual development in an annexed area may be approved only when
adequate City services can be provided for that development, without reducing the level of services or
increasing the cost of services for existing development and for build-out within the City limits as of
July 1994, in accordance with the City's water management policies. The water management policies
may allow part of the water retrofit credit that would be needed for build-out within the 1994 city limits
to be used for annexation projects. Water for development in an annexed area may be made available
by any one or any combination of the following:
A. City water supply, including reclaimed water;
B. Reducing usage of City water in existing development so that there will be no net increase in
long-term water usage;
8
Issues and Supporting Information Sources Sources Potentially Potentially LzsThan I No
Sipificant Significant Significant Impact
I=, Unless Impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
C. Private well water, but only as an interim source, pending availability of an approved addition
to City water sources, and when it is demonstrated that use of the well water will not diminish
the City's municipal groundwater supply.
Although anticipated in the future, site development is not part of this application.
Future development on the vacant parcel will be subject to City water allocation regulations. The City has
restricted the total amount of water available to annexations, including those in the airport area, to 300 acre-feet
(Water & Wastewater Element (WWE), Section 8.3 (Table 8) [source 7]). Under current regulations, to obtain
water from the city's supplies, a developer must retrofit existing plumbing fixtures (Policy 8.2, WWE). If other
annexations use all of the 300 acre-feet prior to application by this developer for building permit, no water
allocations will be issued and no building permit will be issued, until additional water supplies are available or
until the City Council determines that additional water will be made available for annexations. Roughly 1200 acre
feet of additional water supply is anticipated in 1999 from the City water reclamation project, some of which is
likely to be allocated to annexation areas. A tally of potential allocations in annexation areas is attached [source
8].
CONCLUSION: Not significant. No impact on available water supply is anticipated as a result of annexing
the property. Future site development under the jurisdiction of the City will be subject to the City's water
allocation regulations.
♦ 1.13.5 Open Space Each annexation shall help secure permanent protection for areas designated Open
Space, and for the habitat types and wildlife corridors within the annexation area that are identified in
policy 6.1.1. Policies concerning prime agricultural land shall apply when appropriate. The following
standards shall apply to the indicated areas:
D. Airport Area properties shall secure protection for any on-site resources as identified in the Open
Space Element. These properties, to help maintain the greenbelt, shall also secure open space
protection for any contiguous, commonly owned land outside the urban reserve. If it is not feasible
to directly obtain protection for such land, fees in lieu of dedication shall be paid when the property
is developed, to help secure the greenbelt in the area south of the City's southerly urban reserve
line.
CONCLUSION: Less than significant. Site specific resources identified in the Open Space Element are the
Unocal wetlands, which do not extend onto the project site. The project's contribution options to greenbelt
open space are discussed above.
♦ 1.14 Costs of Growth
The costs of public facilities and services needed for new development shall be borne by the new
development, unless the community chooses to help pay the costs for a certain development to obtain
community-wide benefits. The City will adopt a development-fee program and other appropriate
financing measures, so that new development pays its share of the costs of new services and facilities
needed to serve it.
CONCLUSION: Not significant. Site development is not proposed as part of this annexation application.
Anticipated infrastructure needs and fees for future development are outlined in comments from the City's
Public Works Department.
♦ 1.15 Solid Waste Capacity
In addition to other requirements for adequate resources and services prior to development, the City
9 a-�9
Issues and Supporting Information Sources Sources Potentiauy Potentially Less Than No
Significant significant Sipificant Impact
Issues Unicss Impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
must determine that adequate solid waste disposal capacity will be available before granting any
discretionary land use approval which would increase solid waste generation.
CONCLUSION: Not significant. Annexation of vacant land will not increase the solid waste stream. Solid
waste from any future site development will be delivered to Cold Canyon landfill which currently has a
capacity to accept solid waste for at least 20 years, based on the current rate of disposal and ongoing
trends showing a reduction in per capita waste generation.
2 iiPOPULAT16N;AN6 HOUSING Would#fie ro osah
a} Cumulatively exceed official regional or local population; 1 x
prolectipns�
b) .I`n Me substantial growth ancarea eRher directly pr. x
indirectly {e g::through projects ........an undeveloped area
or maiorinfrastructure?
c} :Displace'. existin : ousmg, especratly off.. rdable; x
. ..housirt e
The Land Use Element (LUE) growth management provisions (section 1.0 of the LUE) call for limitations on the
number of residences that may be built every year, to maintain an average growth rate of one percent per year
during the 1990s. The maximum population projected for the city is 57,700. The current population is 41,943,
according to California Department of Finance estimates. This number is a 1.6% increase from the previous year
(41,295) but a decrease.from two years previously (43,919).
CONCLUSION: Not significant. Annexation by itself will not impact population. Jobs created in conjunction
with future site development will be evaluated for impacts as part of further environmental review. Spice
Hunter's preliminary estimates indicate roughly 20 new jobs will be created as a result of their expansion.
These jobs are anticipated to be filled by local residents.
3.... OEOGIC PROBLEMS <;Would>:the ro dtil;restilt>ki or.ex ose l eo le to< dtentia.im acts involvih
.... ....: .............::....:. .......:...................:.;..........:::.:.....:::.....:......... ..............
11 x
rupture ....:::... . P€i' E>€ :i<ii i f a ; i
b} :Seismic ground shaWng7 1 x
c? ;Seismlcground failure, mclud'ng_hquefaction� 1 x
d} Seiche,a
x
su�ami or-yolcamc haard7
NA
41.;;Landslides ovmudflows . 1 x
f) .'Erosron> ;changes to tapo'graphy or unstable sod 1 x
:.::...::: :::<:....:.....:..:....: :;:::::::::::: :: .........;
conditions from;excayatign, grading, or;filh
g) ;Subsidence :t e Iand7 9,3 x
Ai) ::Expansive saiIS7 9,3 x
A:::.:..Uni ue:"eolo Icor h sical features 10 x
There are no known faults on site or in the immediate vicinity. The site is in Seismic Zone 4, a seismically
active region of California, and strong ground shaking should be expected during the life of on-site
structures. Any structures must be designed in compliance with seismic design criteria established in the
Uniform Building Code. The site is shown on the Seismic Safety Element map as underlain with recent
alluvium, which has a high potential for liquefaction. Soils Engineering Reports prepared for the property
across Suburban Road and on the adjacent TK Annexation site indicate no likelihood of liquefaction or
subsidence, but also note that expansive soils are present in this area. The site is essentially flat with no
unique geologic or physical features. A soils engineering report specific to this site will be required with any
application for site development.
CONCLUSION: Not significant. No site development is proposed at this time and there are no known
geological or soils conditions that would make this site unsuitable for development.
10
�-30
Issues and Supporting Information Sources Sources Pountwly Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
........................ .................................... ......
................................................................................. .......
..:4 �WATER: ...............� ...........::::: ..
........................ .....................................................
......................................................... ...............
r
. .............
b ,.:
Changes iin�a sqrpt!qn;rates, d...P.J.PARe Ppft#rns,,::or AhCx
rate ��:��
........... ......
: moss : ....... .................
..........
............. aril NA
.............
..............
To ..........
..bFi>Expqsu%so MY at.er.j.q.q. . ................ x
........ ..........
Hazards.. ... .......
........... NA
r:.....
..........
...........6: ...........
.. .. . ::- f
a Int fface�_watemw.�.oj....0.r..:a
rge o,su teratidr.I.; . .2%:%-: x
P: .. .
..... ...... ..... .......................
NA
............ .........
............ ...........................
............. .. . ...,....I :: .........
............
A �iiii 1%111...........
Qeq.oF,:..ur ........... ....... ........ ....................
........... ......:. .....................................%...:
................
dl
..................................Changes...... .................. any.... . ....................................................
..
x
NA
...........
Changes
.............................
... .......... .. ''.' . ...... ..............
x
.movements7NA
f1 .i Changt3 to the
. ........quantity....of ground
................................
.....
........ . .......... ................. .
waters,................................. .............
x
roughiireq . . NA
...........
...............................................
...........n.........t.....e......r....a......d....o...t....i....o....n.........i.o........f.....�............p...q.....u...j..f...a...r"..b......y...�.;.......t..&.....p....
.......r...�..p.:...:.-?.:..:.
..p....
a....v............w
......n....s.....:..
0
throughTAUstantiAtoss.qt,9rpuhdWbter . �
cap.... .:...s.......
.................................
...................................................
; ...........
ix
... ........ ... ... ...... ...............
of b# groundwater? x
......... .... ... ............
.................... .......... ............
.................. ... ......................................................
.................... NA
........ ... ............. ....... .......... ........................
................7:::::::........ .. .........................
....................................... .....
#L) hdWatacquirt 7 = ......
.............
x
.....................
.......... ......
.......... ..........................
.......... ................................... NA
.......... .. ..... ....................
M.....
J.....).........F.i........:.S......j.b.....s.............t....a..........
r...i......t......i..a.............t.e...d......0c. tiohin..,.t.:.h.e.....a.m.....b
unt'::9f groundwater
.....
x
otherwise avai 9OW1 pubrl wattt.SupNA
CONCLUSION: Not significant. Annexation by itself poses no issue related to surface and groundwater.
.. ................. .......... ................... . ..... ................................. .:7::::.....I
.................. . ........................................
:..M ........... ......
..................... ...........
5 :AIR QUALI: .... ...... ....... ...............
Would .........................
.....F.A. A..................................1........... ......
..............
:!a ..;...Vio ateianyaitcItiant "d d..o'r:tont'ribUte-:.to: x
.v
............................w...................
vxi t U�omp.riancl:e:i�:�i;�:::::: NA
g.�pr 9
............
..........
e .gon.mentat
Eby �Guidelines)?
...................
........... ..........
.......... .................. ............................
b)"..........X..........X.........0......o......�...esensitive
:.:si.t..i.v...e..:. receptors
._.......................M.. Vo utams.. .
x
. ..
...... NA
............
c).`: Alter air mavernent,
moisture, or temperature, x
.-Pr.
._.:..........................
.....................................................
...................Y...change to
hArgq1ft.:...0.....I..r.....m.
..................................
:
I I I I NA
aie.bbjqctionae.0 ors : x NA
.................................................
CONCLUSION: Not significant. Annexation by itself poses no threat to air quality.
.................... .............. ..... . . .......................:�' :
.................. ..........
resu
S:::::::TRAIYSPOMTIONICIRCULATib.r4..�i:i�.W.bdid�ihe.6rbbbiiW lt:in..:%:
.a).; :Increased vehicle tnps;pr traffic:..........::::..:._,:.....,0;;:;congesnon :;::::: .....
....................
.............
x
...............
..........................
NA
............
...................
safety. .... ...........d ......
:b)...;Hazards to
sharp x
.............
....... :c.urves.q.r.....
..6. ngerq j.
.... .. uses..........................................
NA
.... ............................
...........
f ...... ...I..
...........
........... g..�:.arm pq
..........................................................
...........: access:to:nearby
x
......
..........M ... ............................................
..... ................. NA
.......................
................... .................. .
ffi"' k' it Orloff
..d):::,j.n.sujc1enV0.ar inq�capaciwbi!�s e: : ..
.........:...:. x
............ ..
. ..........................
................ . ......... ................
................
........ NA
.. ...................................... .......
..
,:.e....)..�...Hazards o
rbarrier�fbr...pd...
dostna6s.oricycists. i. .....::..::....
x
. .........
..................... NA
....................
......................
................ ... ......
.......... . . ....... .......... .................
d fi �suppor.ting::al ....... x
.. ......�Mn(... Wpm �voycies:'.: ...
.................... ........ ..............
b silic:yc eiracks)?. ....................
e;g.;: us;jurnout ......: NA
x
......... .........7............................
..............................................
tdrftffi6:�.or r air..t.raffle'Jifioacts ae
Issues and Supporting Information Sources Sources Potennatly Potentially Less Than No
Siptificant Significant Significant Impact
Issues Unless impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
.
coin a41 vVith San Luis Obis o Co NA
CONCLUSION: Not significant. Annexation by itself has no impact on traffic. If annexed, future site
development will be subject to the City's traffic impact fees which were established (Resolution No. 8406)
to mitigate the impacts of new development on the City's streets, transit, and bikeway facilities. Air traffic
compatibility is discussed in Section 1.
7. :BIOLOGICAL RESOURCES Would the ' o osal'affect:
aI ::Endangered,threatened or rare spectes or their habitats : 10 x
Gncluduig but not limited'to plants, fish,-insects,
animals gr:,birdsf?
bl ;Locally designated spectes (e g ,heritage treesiT 10 x
s} _4ocaliy designated natural communities (e g oak? 1,10 x
forest,`coastal labitat,:etc )�
s r :::::::::::...
A) Vlletlandhabttat (e g marsh,riparian d. '1 1,10 x
el [dhfe:dis ersaE or mi ration:corndors? : 1,10 x
CONCLUSION: Not significant. Based on information in the application, a field inspection, and a review of
relevant references in the Department, staff has determined that there is no evidence before the Department
that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon
which the wildlife depends.
8. :ENERGYi:AND MiNERAL'RESOURCES. .Would the: ro osal_
al .................................,..PkCnflict with adapted energy canservatfdlans7:: x
...
b} :Use non=renewable resources m.a wasteful and x
inefficient mann'er7..
c) .Result in'the loss of avaliabihty of a'known.mineral x
..
resoiirce;tEiat vvould be of futureY. W toahe_region
and the.[esidents of the.States-, .
CONCLUSION: Annexation b itself has no impact on energy conservation.
LiAZAHDS,.:Would the;' ro osaliinvolve. .. ..:::
a}..:..:..:..:...A.........
A risk &4&idental explosion or release of t as dAus 13 x
substances iInctuding, brit not.bmrted to:oil, 14
pesticides, ch emicals.or:radiatiork�
bTPoss}ble in .... ..........:::.::::...... ...............:...........::.....__.......::.......:.:..::.
i..... er enc ::evacuauon:plan ; : : i a;€; ;; ...
9
c} The creation of any heath hazard or potential health 13 x
hazard?. 14
d} :Exposure of people to existing stsurces of potential 13 x
health hazards 14
e} :Increased fire fiaiatd in areas vvifh flammable brush, 13 x
rass orarees�
Annexation is not anticipated to result in the creation or exposure of people to any known health hazards.
Comments received from the City Fire Department note that future site development will be subject to
preparation of an environmental site assessment to determine if there are any soil contaminates related to
past agricultural uses. Due to the site's close proximity to old petroleum transmission mains and past
site/area history, there are defined and the possibility of areas of "undefined" contamination within the
project site. Prior to building approval, the developer/owner must justify to the satisfaction of the
Administrating Agencies that no contamination exists on the project site and/or clearly define the areas of
contamination and justify that the areas of contamination pose no threat to human health and/or the
environment.
Unocal's England Shanin & Associate's/Danes & Moore reports have only defined the areas of
contamination (@ Tank Farm Road area) down to 1,000 ppm (action levels start at 100 ppm. for soil), areas
12
3�
Issues and Supporting Information Sources Sources POWntlady Potentially Less Than No
Significant Sipfficant Significant Impact
Issues Unless Impact
ER 1-97: Spice Hunter Annexation mitigation
I
of contamination maybe greater than represented in reports.
CONCLUSION: Less than significant Annexation b itself poses no health hazard.
............................
.......................... .............. ...................
....... ..............................................................
....... . ...............................
.................I..............I.................................
acreasd:img�iopq.g�noise. 1 ............. x
.............. ......... .....
bl
levels? ................
................
............. "unacceptable"......... .......... ..............
fpi' cx
pp.e�:J
..................................
............
dbfi66' d:bV:thc San Luis h T
..................
......................
Element?....
The anticipated manufacturing use is not a noise-sensitive use as described by the Noise Element of the
General Plan. Nor are there noise-sensitive uses in the vicinity of the project site.
CONCLUSION: Not significant. Annexation by itself has no noise impacts.
....... ......... ....................................................................... ...........................................................
... . ... d d f ... It ...
11 PUBIDIC.SERVICES W"W
,r...pq ave:pp
h ��qff.e...ctuo.mi result in.amee :: or::neW;or:;a. ere
...............:... port; ................. .............::............... ...............
............................
............... .... ....... .............. ...................................e..........�.................
'......�.........I...........................................................
lneanareas ........................................................................................
h g: :...... .................................
...........
} ;Fire..................ovemment services ..........................................
...................... ::mrsom;�;
A ....................... 13 X
............... ......
Y].:�?dffdeprotecttion. ......
. ............................. x
............ .;.:........................................
................... ..........
chools? . . . . . ....... ....... : :- a
...........
................................. x
............
dFiWaintenaric :of:public facillnes, including;.: ;r.oad: 9T�:::::......::...... 13 x
........................
............
'.b) :.0ther govemmenta :services 13 x
CONCLUSION: Less than significant. Annexation will not have any impact on public services. Comments
from various City Departments (attached) indicate what fees, infrastructure, easements and dedications will
be necessary to accommodate future site development.
..................................................... . .. ..
...11 . ofto.d"t;...... ............6
UTILITIES.-AND.:SE 111VICESYSTEMS;i�:Would�1116: rewt'M.Wnee or!neW:s-V. ems-...
... .......................:.. .
................... ........................ ...............
............. ' ' .:...... ......1----
............. .......................................
.......................................... ...........................
be w6stantlaiia t6idtions to e: bI1qWing:MtiIM6w:�:- ......
.:W:.::.P...................................... . ....................................
.....................................
...........
dwor mritaturargas. ....................................... X
.......... ........................
...............................
.....h...h......0....................................................................................................
..............."s..t..e..'.:M....S...
.................
. ......................................................:..;...................r..............................
..........
x
. .. . Ma.uwadrtreatmentoe� ittel6 13 x
-.
............
....................
... .......................................................................
................ ......
.................. ... ......�:;-; : ::::::.:
............... ....................................
........................................... .........I.......
....... ........:...........
........................................
Y�i�bewer.pr:se
.11c1an 13 x
.. ......................................p ....:.
Storm
.. ....... ... ................................................
.............................. .............. ...........................
................................................................
..e)::: Storm.::vva.ter..draih6 ............ x
................................. ve... ...................................
...........................
........ iss:l
1 &witte'disi-i ................. x
. .. ............ ..........
.............
...........
...: I.:::.L ........
..... . brIegio'nal.w'.4ter:suppi tes,..................................
:. .1... i ........r 7
..Q .:Local ...................... X
..........................
CONCLUSION: Not significant. Annexation will not have any impact on public services. Comments from
various City Departments (attached) indicate what fees, infrastructure, easements and dedications will be
necessary to accommodate future site development. Water supply and consistency with City water supply
policies are discussed in Section 1 Land Use.
.......................................... ........I.:...... ............
the......... ............
...........
...................................................
.43:AESTRIETICS; Wd' u' ld ' Rroeosal
.............. ...................... .................................
.................. ..........
........ scenic.
... ....
-..a1;..;:A' ffe'c't'.;a isceil.id;V s ajo.r .. ..big.h..wa....7. X
a v e iA p m.; :negative:aes....etic e e
.. .................. x
.............. .....................
cl
. ....
Create igh ortilard.
X
CONCLUSION: Not significant. Annexation by itself will have no aesthetic impacts. Future development of
the vacant portion of the site to be annexed will be subject to architectural review and approval to ensure
agai st negative aesthetic imeacts. .......
............ ......................................................... ....................
..........................
a.............................. ........
:..::..J....4...:...'..C. .0
LTU
R- A
' F'E.S. 0IU..._.R'...
C..E. S....W&
d
�-. .. ..........
.
.........
,........................
...............
....
.
............. ........ ....'............................ ... ..D; . .. .......
3.. ttu.... p.eontQg!qa�reppurces - - .... .. x
b.. .Mstur Ar aediog.p .resource x
Cj . g0rca rqsources : xx.
i: ..............
'HaVe:the:potent!41' t 'M h".........
x
....................... cultural.............rc
..........
. ..............
...........
...............
........... .......
13
o2-3.5
Issues and Supporting Information Sources Sourcm Potmbally Potmtially Las 77= No
Sipfficant Significant Significant Impact
Issues UnICSS Impact
ER 1-97: Spice Hunter Annexation mitigation
Incorporated
............. ..........................................................................................
.................
'd x
ef: .6kittift4reirnious::or:sacr.e uses:
... . ;Restrict ;...... ...................................
.........;................. . ....... �........................................ ................
...:potentfa 'impaclt.arev............
CONCLUSION: Not significant. Annexation by itself will have no impact on cultural resources. Future site
development will be subject to the City's Archaeological Resource Guidelines.
................................. ........................
.............. ........ . . ........................................
............................
............... ..................... ............. ..................... .............................
Wo... ..............
................
...............
'"'-hb h' x
ncre.a ... ..
..........
all!
rks q peqgaliona�J aqiw6il
:; l
bl
.. ........ ..
........... ..
r: ........
hKas
.......... —
............
x
Not applicable. ........... ...... .......... .......
............ ........
"10 .MA DINGS:. .77777=
NIDATORYTIN D.F.:SIGNIFt.CANC�.,::::�::.::.. .......
.................................................................................................
...............................
..:.a.....�..:...:.:.D
op..s. the e......p....f....b..
.j.e....p......V.....h...a.......v......e.....:....t..
e.. potential.......'.....
.j...q;..'.....degrade... �t
...s..
-.......................—....r.....
quality :bs. . .
.. .. . V ...
habitat ish �r wildlife x
..........
............... . i
.......... 'ldl'f6.' t' MAO; p:.: 9
: .......: 8
a .....I.....:population.......... .......I....... ...........
. .............
threatenstdA ......
........................
ornmunttyreduce
........... .............. a sbsss
.................
h ... er�orjres
6 ..ran
........... ..........
.. . . . e the e.:nu m. w.c.14...
.........................
ninate
............
.endangere..................stant ..............anirrial .... C:
examples of the:malor periods "history -
...........
alifornia.. ... r
:.....................
............. rehisto
... ......... .......:�.....................................
...%....................%%...... ............................
............
The applicant is requesting approval of an annexation and general plan policy amendment only. Neither of
these requests will result in any direct physical impact to the environment. Any future development of the
project site is subject to California Environmental Quality Act requirements for further environmental review.
W h
... ..... ....
..:..-.�:;;Does.. i:
b.) Ath' ifthave mppotentialMac x
term;.. ......................................to the .............................. .................
... ..........
vantage
term;��environmi
.................................................
.............64a
.......... ...........
......... ......
Short-term
..h..o. rt-term.....a..n..d....al..o.......n.........g...........-term
........g.oa
.l...s...'....are
...th:..".e....'..s..a...m...:e.
.
X). ;Does the projeci haveArpactWlft are individually
I'V
i
d..0....a..llw..
x
limited,- brit:cumulatively cdhsi grableI::40CumulAti 1
. ...........
,
.qnst....era... qj...e mcremen a.:e ec s o"U..
..............
.........................t.......................
:
.................. in:connec.
..............rl
.............
............
...;:... 14 :
....... APPq....eCtS!V.APP;Vasvpr
he
............................
...............................................
H h
..:..:otIi.e'r.au'r're'nt. d" dt dt
...................... :..::pr q. s.4n the effects otprObW6
..........future projects)
...........
The annexation will not result in any potentially significant impacts to the environment. An amendment to
the general plan to provide for interim annexations in the airport area prior to completion of a specific plan
may accelerate urban development in the airport area. However, each annexation and development project
is subject to environmental review and compliance with adopted policies related to growth management and
resource availability.
... .......................
.:...:..:.:...D.o.......e.....s......:..t......h...e.......p.........r:...o....j.....e..........C...t.:h...
4. VO.i.�.e..n...v......i..'r.....o....n......m...........e..n.....t......a........
...effects...
...
........
........
:cause:substantia.V6dVerse'effects:ion:human:b.e..
it
.........
.:either.... ' er irectIVorAny::
'direct :::...
--.dk '
There are no known significant hazards associated with annexation.
14
P?
17. EARLIER ANALYSES.
........:..:........................Eater......,.analysis
.'......n....a.� y..s.:.:i-s:.:...q.;....a..y;
b
...............:......... 7...
......-.
omimi6i.hfit t.h ,
............U............O.........K...........I..p'..;.
.r..o....
..c..i.;.i.::
..1...:
Declaration:
......
ffibeeffects-h .been qdet 4 earlier .sectwowi15063:'(c)...........
..........:
(DY. lhthiscase,adisrussion'should:identii the.f fbwhditems
tjgtf it..:k d. lderti" 'earLer anal ses.and.state;where.the e:for.review .....
...............
al
.......................
NA
lyliImpacts de.qua:t,.el:, addressed Identify which effects from
q:; oye�c...eck.tst�
....em. within g...p...q...... escope:
s..........................
........... d.
and�z. pqq ..ocyr.n.e t suanV.10�:Wpfca e e.96Fstandar ... :.an state:
.............. . . . .
.......... h I ects;:wer.d:a re meas ev ate onst 66�. ....................
............
whether ssed byktidafidh ur
..........
NA
....... .... ..
cl
igation
............... .. ...... .
measures:.
.........:_ .... ...
. .....
...............a............4...........N...............I:..X.. .6....$....s...:.:t..h...............j.........�....§..O.....fi
J...a....n.N
.t....w...ft.1.......:.............,.M.,.......g 9�...v,.....
:...o......n...........1....:..
n......
...d.....�;..p....:..
..r.p..........o................
....t...........d..............A.....e..;.s......c............r.........
.b..
.....:...e
g.mitigapqn.Measyres�wi v4r4JncorpPTincorporated erpryq; ocurWnt and Rhe Extent
which ahsyadd . tWspecm.cconditions ofalis ro`ect
...
..
.:..-
........... ........................ .....................................
............ ...............................
NA
..........
... ....................... ...................
...........................
Resources
Cotle Sections 21083 and 21087
....... . S e: 0t"6nS2116 6
.....
0. . ........................
.. ...................
....
..... .....................
(1988} Leonofffu
........... . .... ......
.......... ...
.. .... .
..... ...
. .........................................
. ............
....................
:0,:: upewsors.,:, 22.2-i ........... ..................
Monterey:Board y Cal pO 3d 13.37f.(T9.90),::: .......................................
. ...............
18. SOURCE REFERENCES
1 City of San Luis Obispo General Plan: Land Use, Circulation, Noise, Energy, Open Space, Seismic
Safety Elements
2. City of San Luis Obispo Zoning Regulations
3. Soils Engineering Report for TK Commercial Park Tract 2202, prepared by Terratech, Inc. Project
No. 1_0929
4. Table of Development and Vacancy in Non-residential Zones
5. County of San Luis Obispo, San Luis Obispo Area Plan, January 1997
6. City of San Luis Obispo Source Reduction and Recycling Element
7. City of San Luis Obispo Water and Wastewater Element
8. Letter from Tim Girvin outlining water allocations for annexed properties
9. Soils Engineering Report for the Ernie Ball Expansion prepared by Pacific Geoscience, Inc.
Job No. PG-6590-WOI
10. City of San Luis Obispo Informational Map Atlas
11. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist-
Priolo Earthquake Fault Zoning Act, effective January 1, 1990
12. Letter from Arnold Jonas outlining applicable fees in the event of annexation
13. City Department Comments
14. Brown and Caldwell Site Investigation Report for Tank Farm Properties, May 11, 1989
ATTACHMENTS:
Project statement and site location maps
Open space proposal exhibit
Suggested amendment to the Land Use Element
Table of Development and Vacancy in Non-residential Zones
Letter from Tim Girvin outlining water allocations for annexed properties
Letter from Arnold Jonas outlining applicable fees in the event of annexation
City Department Comments
19. MITIGATION MEASURES/MONITORING PROGRAM
1. Mitigation Measure: Amend Land Use Element policies 1.13.3 and 7.3 in order to achieve
consistency between this annexation project and general plan polices
related to the timing of specific plan preparation relative to annexations in
the Airport Area.
Monitoring Program: The Planning Commission and City Council shall consider amending the
general plan in reviewing the annexation proposal.
The above mitigation measure is included in the project to mitigate potential adverse environmental impacts.
Section 15070(b)(1) of the California Administrative Code requires the applicant to agree to the above
mitigation measures before the proposed Mitigated Negative Declaration is released for public review. I
hereby agree to the mitigation measures and monitoring program outlined above.
Applicant Date
16
�amon
ASSOCIATES
PROJECT STATEMENT
The Spice Hunter Annexation
Project Background
The Spice Hunter is recognized as one of today's fastest growing gourmet food
companies. Established in 1980,the Spice Hunter has grown to a multi-million
dollar gourmet food enterprise that offers one of the largest selections of spices
and seasoning blends.
Demand for the product line continues to grow,however,the current facility on
Granada Drive in San Luis Obispo is operating at capacity. Based on these
circumstances, The Spice Hunter has purchased property on the south side of
Tank Farm Road and plans to relocate the company to this location once a new
facility can be built.
Proposed Annexation
This application requests annexation of 14.44 acres of vacant property(two lots)
on the south side of Tank Farm Road to the City of San Luis Obispo. APN 076-
352-053 (known as the Coca-Cola property) is owned by The Spice Hunter. .
Development plans include the construction of a 100,000 s.f. industrial
warehousing facility, 60,000 s.f. for the Spice Hunter and 40,000 s.f. for leasing
and future expansion. The site plan has been designed to allow the construction
of a second building of 20,000 s.f. in size.
APN 076-352-055 is owned by Bethel Cablevision, otherwise known as Sonic
Cable. The property owner has no plans to develop the property at this time.
Annexation is desired so that full City services can be provided for the future
industrial development.
Proposed Zoning
The current County zoning is Industrial. The applicant is requesting City zoning
of C-S (Service Commercial) and a General Plan designation of Services and
Manufacturing.
Environmental Hazards
Underground contamination has been found on the property. The contamination
extends approximately 50 feet south of Tank Farm Road.No buildings are
currently proposed in this location. An agreement exists which requires Union
Oil to clean up the contamination at a date uncertain.
d -37
N����� wia !
a
AHI ERA
N. CO MERCE
...........
LU
..............
..................
..................
.................
.................
................
........N'\ . ..
.............
............
r /
'IIV
rr
N.
PROJECT SITE
\\ (designation to remain
\; Services & Manufacturin(jo�
COMMERCIAL
hielptttlorhood:
Businesses serving and compatible with
nearby housing. N. means an
Individual neighborhood—serving business.
Tourist
Businesses which primarily serve visitors
and travellers.
Open Space: Servloee and Manufactrltp
4 Land to remain open for the protection, Business.servlces, wholesaling and sales
use, and care not shown
natural resources. of large Items, and light manufacturing.
'oilc%Yhlla they are not shown a this map, (Note: see policies for airport area.)
N all creeks are within this category.
Recreaitlort Bualneas Pack
N.T.S. Publicly. or privately owned recreation An area to be kept in low intensity uses
facilities; either outdoor or buildings in until developed os a compus—like setting
In a park setting. under a master plan.
®melon GENERAL PLAN DESIGNATIONS
ASSOCIATES The Spice Hunter Annexation Area
9611031genplan.pm5 12/16/96
a-38'
N
oO
3 n z �" Z
m m m
C1 <
Q
-c 0
°
o
0 D
N w T O
b ar0 n
O 0 0
Q
( J J J J
\V
7 3
CL Q
J
C J J J 00 V O QTY
CD 0 O O O O O O D
N D <D Z) p
J J J
0 '(Yl
o � � � N p rn n Z <
? c J D D m
CD 0 0 0 0 0 0 1 OZ
m a -n x -0
m o O N �
Ln 0 00 0- u, cn n� V rn
3 i+ to �o 'n �o � z
� z
NO r p Z D
Q om r- C7
N
oO Oy
(D N `O W W N N rn rn n
o O N No u, 0% Ln p cn D
Z
cl m D D n
Z n
pD
^ Z
O J N V W V 0
n
bo Ln O O Oo �o
nN
O —'
N
N C
O N C p
GW O O O Cn n m
- I
O
Z
O
n
a -3y
Memorandum
November 19, 1996
To: Ron Munds
From:Tim Girvin
Subject: Required Water Allocations for Annexed Properties
There are currently five projects that would require a portion of the 300 acre feet of annexed water
that is available.
TK Commercial Park
This project has received final approval and the developer has retrofit .06 acre feet of
water credits which is required for the self storage complex. The project will need an
additional 6.13 acre feet of water for the Food 4 Less store and 9 acre feet for 150,000 square
feet of service commercial development(15.13 acre feet total).
Goldenrod Annexation
This area has been annexed into the City, but developers have not subinitted or
received approval for the final map of the development. There are 44 SFR's which will require
13.2 acre feet of water. The developer will be ready to build in 1997.
El Capitan Annexation
Thirteen SFR's and an approximate 3,000 square foot commercial building will require
4.1 acre feet of water credits. The developer still needs final approval of the tentative map
and will need to receive an official OK from council (Final Protest), but this one is streamlining
and may be ready to build in 1997 also.
Margarita Area
The planner in charge of this project indicated that there would need to be a
combination of ground water, retrofit water,and water reuse in order for this project to be
completed. There is a variety of water use in the specific plan which includes commercial,
industrial and residential. I will only list the residential demand because it is hard to speculate
how much ground water and water reuse will influence the other uses. A total of 1,042
residences will require 250.74 acre feet of water. This includes irrigation use which may be
reduced if recycled water is used.
Du Vaul Annexation
a total of 444 residences will require 100.2 acre feet of water for the development. This
does not include the park use and is not factored down in the event recycled water is used.
The grand total of retrofit water needed based on these preliminary calculations is 373.37 acre feet
of water to meet the demands of the identified annexations.
a
CORRECTED FINAL DRAFT
�III�III I�IIIIIII�III�����;����I�If�Illllllllllil�l I�I�
WSS oU1cl�t o san1
990 Palm Street, San Luis Obispo, CA 93401-3249
December 17, 1996
Ms. Lucia Cleveland
Spice Hunter
254 Granada
San Luis Obispo, California 93401
Dear Lucia:
In our recent meeting regarding the purchase of property on Tank Farm Road to accommodate the
expansion of Spice Hunter,you requested an analysis of the fees and time frames required to annex
the property to the City of San Luis Obispo. The City is very proud of the success of Spice Hunter
and looks forward to keeping your business in the City of San Luis Obispo.
The following is a recap of the information provided to us and estimates of the fees and time
frames. These numbers are based on an informal fee schedule that will be reviewed by the City
Council in February, 1997.
Background
The Spice Hunter is currently located at 254 Granada Drive and seeks to build a 100,000-square-
foot building on a site recently acquired in the airport annexation area located between Tank Farm
Road and Suburban Road. It is our understanding that your business plan calls for utilizing 60,000
square feet of the 100,000-square-foot building and leasing 40,000 square feet in the near term to
allow for future expansion. -
The frontage is approximately 33-1 feet on Tank Farm and 224 feet on Suburban. The building is
planned to front on Suburban. The construction is proposed to be tilt-up concrete. Architectural
design is being completed by Steve Pults&Associates.
Current employment is 100 employees seasonally with 55 people being the core group. This
expansion will allow Spice Hunter to grow to about 120 employees.
This analysis also assumes that the Sonic property adjacent to your site also annexes to the City
since this is likely to be required by the Local Agency Formation Commission,LAFCO.
/O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf(805)781-7410. �f
Impact Fees
Utilities
Water Impact fee, 1"meter $ 12,456.
Wastewater Impact fee, 1" meter $ 5,131.
Howard Johnson lift station fee $ 350.
(assumes 100 employees @$3.50/employee)
The utilities are currently being extended to the easterly boundary of the TK property on the
Suburban Road frontage. They are being sized to accommodate future development.
Transportation
Impact Fee 100,000 sq.ft. @ 0.733/sq. ft. $ 73,300
Processing Fees
Annexation $ 2,591.
Prezoning $ 1,892.
Environmental Review $ 613.
Architectural Review $ 697.
Plan Check $ 19,397.
Building Permit $20,060.
Public Works/Engineering Plan Check(sewer&water mains)* $ 750.
Public Works/Engineering Inspection* $ 3,000.
TOTAL $49,000.
* Assumes only Suburban Road improvements and no subdividing.
Open Space Fee
The City's.General Plan requires development in the airport area to contribute to the acquisition of
open space. The fee would be $17,500 or dedication of"equivalent creditable acreage"suitable for
open space acquisition, as determined by the City's Natural Resource Manager.
7 acres @$2,500/acre $ 17,500.
Processing
The annexation process for the City of San Luis Obispo will take approximately four to eight
months. The annexation must also be approved by the Local Agency Formation Commission,
LAFCO,which can be done concurrently.
The site planning process through the City can run concurrently with the annexation process. The
building permits cannot be approved until annexation is approved , but similar projects have been
processed in 6 to 8 weeks, assuming only one recheck is required in the plan review process and all
the requisite conditions/comments are met and/or accommodated. The City would consider
processing the permit application prior to the final annexation date if the applicant requests
concurrent processing, accepts the risk involved and understands that permit issuance is contingent
on final annexation approval.
Deferred Area-Wide Impact Fee
This fee is planned to pay for area-wide infrastructure for the buildout of the entire airport area such
as roads, water and sewer improvements, storm drain system improvements and specific .plan
preparation. If development of your property occurs prior to construction of the area wide
infrastructure, a letter of credit or other acceptable form of security would be required to guarantee
eventual payment. If no area-wide infrastructure is constructed within five years from completion
of your construction,the surety would be canceled.
If, however, these costs are recovered through a future assessment district, the City also requires
that you agree to either vote affirmatively for the formation of the district or pay your proportionate
cost in full.
7 acres @$15,327/acre $107,293.
Other Issues
Utilities
Standard public utilities (power, gas, telephone, cable tv, sanitary sewer and water mains and
services, street lighting, etc.) are currently being extended in Suburban Road. The Spice Hunter
project would be required to extend the utilities from the easterly boundary of the TK property to
the easterly boundary of the Spice Hunter property. Plans for these would be prepared by your
engineer. These services would typically also be required along the Tank Farm Road frontage.
However, based on the presumption that the structure and related development would relate
"initially" only to Suburban Road, those improvements could be postponed to future development,
subject to respective approvals of'the appropriate approval bodies and any necessary guarantees
and/or covenants.
Environmental
There is heavy contamination within and adjacent to Tank Farm Road across the entire frontage and
extending to what appears to be 50 to 70 feet back onto the property with a depth of approximately
60 feet. The contamination, heavy hydrocarbons, is probably the spillage from transmission lines,
still present, or the result of a fire at the Unocal Tank Farm. The spill appears to be rather stable
and migration of the product is not evident.
The City, County and the Water Quality Control Board have worked cooperatively with adjoining
property owners in allowing a phased approach to resolving the many associated issues. Permanent
structures over the affected area would not be allowed. However, access roads, utility trenching,
and parking lots could be allowed. Prior to any development in the contaminated areas, the
developer/owner must justify to the satisfaction of the Regional Water Board, County
Environmental Health and the City that contamination issues have been addressed and resolved.
Due to its past history of agricultural use, areas such as barns; storage/repair/parking areas and old.
fueling facilities/areas shall have an environmental assessment(s) completed prior to any
development.
Areas shall be reviewed for historically common contaminants (found in agricultural yards) such as
heavy metals, solvents, pesticides, herbicides, asbestos and fuel hydrocarbons. It should be noted;
however, that in general this does not appear to be a problem. Should you have any questions
about this, I suggest you contact Bob Neumann, Fire Chief of the San Luis Obispo Fire
Department, at 781-7380.
Streetscaping Standards
Tank Farm Road
The street design standards will be the same as contained in the Higuera.Commerce Park Specific
Plan, as modified under Tract 2202 (TK project) and the Strasbaugh project. This will provide for
curb gutter, detached sidewalk, street paveout, street trees and parkway landscaping. Dedication of
30 feet for right-of-way widening purposes will be required (to 50 feet southerly of the current
centerline), in accordance with the master plan adopted jointly by the City and County. As noted in
the Utility section above, based on the presumption that the initial development is planned to occur
on the Suburban Road frontage, a recorded standard "covenant" could be allowed, which allows
postponed Tank Farm Road improvements to be installed"on call"by the City in the future, based
on further development of the property or circulation needs.
Suburban Road
The street design standards provide for installation of curb, gutter, 6-foot integral sidewalk
(adjacent to the curb), street paveout, street lighting and street trees. (Paveout means additional
asphalt paving to the new gutterline. We assume there is existing structural asphalt in the existing
County Road.) Dedication of 10 feet for right-of-way widening purposes will be required across
this frontage(to 35 feet from existing street centerline).
Future Internal Street
A future street connection between Suburban Road and Tank Farm Road (@ Long Street) will be
constructed by TK, which will provide another vehicular access to the subject property, since
permanent driveways will not be allowed along Tank Farm Road. A future street extension (or
driveway) is planned to extend easterly to provide for this in conjunction with resubdivision or
development of the respective properties. If a public street is extended, some dedication may be
required to accommodate a cul-de-sac (or through street) within the Spice Hunter property. This
will be reviewed further at a later date, particularly in view of the Airport Area Annexation
proposal and analysis of circulation needs,due to the relatively deep lots.
Water Allocation
Based on the water needs of Spice Hunter as calculated by the City's Building Division staff, a .
water allocation is required and needs to be offset through retrofitting of existing water fixtures in
the city. The required offset that has been calculated based on information provided is 11.2 acre .
feet. This expense will be a credit against the water impact fee.
COST SUMMARY
Impact Fees $ 91,237.
Processing Fees $ 49,000.
Open Space Fees $ 17,500.
TOTAL $157,737.
Deferred Fee due upon Area Wide Annexation $107,293.
TOTAL $265,030.
The fee and payments discussed above are based on an initial interim funding concept recently
developed by City staff. City Council approval of the "Area Wide Annexation Fee" schedule is
required before it can be considered final, since it is based in part on funding approaches that are
not yet in place. Implementation will necessitate a formal written agreement between yourself and
the City to insure that all parties are fully aware of,and in agreement with,the cost allocations.
We appreciate the opportunity to work with you on this annexation to the City of San Luis Obispo
for your new facility. City staff is available to answer any questions you may have and is also
committed to making the process go as smoothly as possible.
Please let me know if you have any questions or need additional information. We look forward to
working with you on the new building for Spice Hunter.
Sinc rely,\
Amo Jonas
Community Deve ent Director
cc: Airport Area Team
1 _ _
.r. .n..
PROJECT REVIEW
February 10, 1997
To: Whitney McIlvaine, Associate Planner
From: Mike Bertaccini, Engineering Assistant
Subject: 180- 190 Tank Farm Rd, The Spice Hunter Annexation
ANNEXATION
Public R/W
A. Annexation shall include the entire width of Tank Farm Road right-of-way adjacent to this
property.
B. If the Ernie Ball property does not annex into the City, this annexation must include the
Suburban Road right-of-way adjacent to this property.
C. All utility extensions will be required at the time of development.
FUTURE DEVELOPMENT REQUIREMENTS
Additional comments and conditions will be developed upon submittal of a development
proposal
1. Standard frontage improvements will be required on all public street frontages (curb, gutter
sidewalk, street pavement, street lighting, street trees, parkway landscaping, etc.). If partial
development of the site is focused close to Suburban Road, the TFR frontage improvements
could possibly be postponed to a later date (if approved by the approval body). This is subject
to a site analysis of any development proposal and would require a covenant to be recorded
against the land.
2. The 2nd phase of the TK development is being processed, so those improvements should be
available later this year. That will provide for access to this lot via the Long Street extension
if a private access easement or public street R/W can be acquired from "Sonic' as proposed
with the master circulation plan which includes a Tank Farm Road frontage road.
Consideration for a temporary access from Tank Farm Road will be reviewed if street right-
of-way or driveway easement is not able to be obtained through the"Sonic" property. There
will be no access driveways allowed from Tank Farm Road. Access rights along TFR shall be
dedicated to the City.
3. The property owner shall dedicate property(30 feet along TFR, 10 feet along Suburban Rd)
to accommodate the ultimate planned rights-of-way widths.
4. The future cul-de-sac shall be designed to provide a minimum turn-around for fire truck
access (44' curb radius) as determined by the Fire Dept.
5. The property owner shall dedicate a 6' wide public utility easement and 10' wide street tree
easement along all public street frontages, to the satisfaction of the Director of Public Works.
Water, Sewer& Utilities
6. Water and sewer impact fees are required to be paid prior to the issuance of a building permit.
7. Upon development, the applicant will have to acquire an allocation through the retrofit
program. The cost of retrofitting is directly credited against the project's Water Impact Fees,
with some limitations. The City is currently working to secure additional long-term. water
supplies. Should one of these water supply projects reach construction prior to develpment
of the Spice Hunter site, then water will be available for allocation without retrofitting.
8. The applicant can use their well water for domestic use and irrigation while connecting to the
City water system for fire protection once they have annexed. They will need to develop an
allocation and pay impact fees at the time a building permit is issued for any new buildings. If
the applicant chooses to be connected to the City system for fire protection without having a
meter for domestic use, they will be required to pay a small monthly water system 'access
charge' for the fire sprinkler connection.
9. Connections to the public water system installed as a part of tract 2202 (via Long St.) will
require reimbursement of this property's pro-rata share of the construction costs of said
facilities.
10. The developer shall extend the public water main, sewer main, storm drain and utilities (gas,
electric, telephone& cable TV) across all public street frontages of the subject property, to
the satisfaction of the Director'of Public Works and Utilities Engineer.
11. Water and Wastewater Impact Fees are based on the size of the water meter. If a well is to be
used for domestic purposes, the domestic usage will be measured with a City meter, in order
to properly bill for wastewater collection. Appropriate backflow prevention will be necessary
on any connection to the City water system if the property includes an active well.
a-�11
12. Water and wastewater mains will be required to be extended along the frontage of both•
properties being annexed. A portion of the cost to provide these facilities may be
reimbursable to the applicant by other property owners sharing frontage along these
improvements.
13. The developer shall place underground, all overhead utilities within the public streets adjacent
to this site.
Grading& Drainage
14. EPA Requirement: General Construction Activity Storm Water Permits are required for all
storm water discharges associated with a construction activity where clearing, grading and
excavation results in land disturbance of five or more acres. Storm water discharges of less
than five acres, but which is part of a larger common plan of development or sale, also require
a permit. Perrruts are required until the construction is complete. To be covered by a General
Construction Activity Permit, the owner(s) of land where construction activity occurs must
submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State
Water Board.
15. A detailed hydrology study indicating the effects of the proposed development on adjacent
and downstream properties will be required. The scope of the study must include analysis of
all existing public and private drainage facilities and creek capacities between this property
and an adequate point of disposal. The development must be designed so as not to increase
flooding downstream; detention facilities may be required. All proposed detention basin and
drainage improvements, except those within a public street, shall be privately owned and
maintained by the property owner.
16. If the hydrology study noted above identifies on-site areas subject to 100-yr storm flooding
(southeasterly corner is noted as undetermined"A" zone on County Flood Insurance Rate
Map), the developer shall process and complete a Federal Emergency Management Agency
Letter of Map Amendment(LOMA), or, Letter of Map Revision (LOMR)prior to final
acceptance of any development. Any lots or building pads, identified in the hydrology study
to be subject to flooding during a 100-yr storm shall be graded to provide minimum pad
elevations of at least 1 foot above the 100-yr storm elevation. All areas subject to flooding
shall be documented.
Transportation
13. Provide for long- and short-term bicycle parking consistent with standards contained in the City's
Bicycle Transportation P167 (1993). Project designers are encouraged to contact the Public
Works Department Transportation Staff to review these standards and to identify appropriate
locations and designs for bicycle racks and lockers or other bicycle storage facilities.
a -If'
14. In addition to other required frontage improvements(e.g. curbs, sidewalks, street trees etc.), install
Class II-B bicycle lanes along the annexation area's Tank Farm Road frontage, consistent with
standards contained in the Bicycle Trwuportation Plan.
Trees
15. Street trees are required to be planted per City Standards (the number of trees is determined
by one tree per 35 linear feet of street frontage).
SUMMARY of CURRENT PUBLIC WORKS & UTILITIES DEPT. FEES
As of February 10, 1997, the following summary of fees may be applicable and are subject
to change.
Some fees may not apply (e.g. - map fees are only applicable if you are subdividing your property.
Public improvement plan check and inspection fees are only applicable if you are constructing
public improvements per a public improvement plan; consult your engineer).
Map Check: $982 + $67/lot (tract map)
(To be paid prior to checking of final map) $982 (parcel map)
Public Improvement Plan Check: $280 + 1.5% of cost of public
(To be paid prior to checking of improvement plans) improvements as estimated by the
design engineer.
Construction Inspection: $1333 + 6.1% of cost of public
(To be paid prior to start of any construction) improvements as estimated by the
design engineer.
Encroachment Permit:
Sidewalks, curbs gutters& driveway ramps $58 + $4.70/LF
Excavations (utilities, etc.) $358 + $0.85/LF
If a Construction Inspection Fee must be paid, Encroachment Permit fee will be $58.
(To be paid prior to the start of work in the public R/W)
Traffic Impact Fees: To be estimated at the time of
project submittal and is based on
Zoning and Use. Fee will be finalized
prior to issuance of a building permit.
Water& Wastewater Impact Fees:
(To be paid prior to issuance of a building permit)
Water Water meter size Sewer
$6,228 /$" -3/1, $2,566
$12,456 1" $5,131
$24,912 1 '/211 $10,262
$399858 2" $16,419
Water& Wastewater Impact Fees based on water meters larger than: 2"are available upon
request.
File: Tank Farm Rd 180-190 p annex
p M o ro b b q h0 H
ry r m w m c G m c ►+ n n S' C
p n r4
t! b E O RI O n
m b H
m m m r r l+l 0 W t9 4 3
w M O n m Wrd m
n
I.-E r O m m K � O m m H O
a m rt rt m rt rt rt
m m n m a� or N W w ►�- m 4 m
n
rt r.r 1% o n rmr C cmr 7 N
Is c m w axi 1 Q o n an m
n rM m nm nra
cr ° m 1.4 ro n 7
m n m m W a m ri
a m m E a O a m m rt 'aJ
rt o a -- r M ° a r• m m
O R r m r n w
mn m mw
k O tT W m 1 7 W a -1 %D
to r m 3 M m W mm o r• r
C H m <
cW+0 nO o 1 m � w ct 0 o w
m w m M n r W m x 10 m
m m m N ° m m n nrr o
to n °' 7 M m R N ro
m m E O o o n n
n W K rrr r W p w rt
� m Wr m 14 C m
n a ro19 n rt p ro &
m m o < mm o b 1°o M
m a m r rt w mm n
m ° m rro H m d
m � a 7 a a 7 c
kc o a s m w r
m w m m w c x L<
n rt or m n w w
n r • ct
m 1-1 m
nm r •� m rt °a
m W O• r• a O r
a m m m W m ro
rrr m a 7 to ff ro m
o n a c. n r M
a r w m
CL m r m r'r 7
w0
M m O m
n m w ro
m m m s a n
m K c w m no
rmr ro r w
m m r p m
w m
I.- m ° c
• p m
O m ab w w
n m n r p
ct .
n � m n c c
3 Y m m 'O m
m r m n w
rn
•t m w ro
m
rt m r
m a O r
m G m
�- O
M
a-s/
0
wClC4 7Mm y ro rtn m rtm d
0 w m m O O r w 0' w e
7 p K On• tw•' W a 7 a w m ft m m
aC � `e r- 0 r0 m G n 0ro1� rr
w w 0 w c m 9 r M n w 0
0 r X w m r m o C w •C w o n
m g m a ct w rt 0 0 5 0 a ° ro m rt
0 0 7 m 0 < 0 w 0 0 0 a rt 0 w 7
O n o m m m " r rt n rt 0• m w m m
m •< r• w W w m m M O m 0?
n m r r •• w P. o a P.to
M M w w 7 r• - r 0 m n
w 7 m r < w w o m rt m 0 r rt 0
m CY• N•C m m m Im ft H] Or P)
M O
tr 0 m O w w w 0 w 7 rt a m
a F-• m rt 0 m m 0 tO 7 m :r 1m
m wm 0 0 o r a m e a
o w w m rt
w w o m M- o n b m o- a
C: lb w0rtc rea mp • mm
rt rt to a 0 w n ° w n <
3 w a r 0' o ff t0 rt m w m m
m r 0 n 7 w a• a ro w
a wm M 0 w w rt a w m own w o
rtrt'ro C o m m W0 Mm wnro
I.- w m rt m 9 P. m rt o m s
CD n rm tr w pv 0 0 0 n n m
m rt m w O w e o w a s
e 0' w m n w n 0 w o rt rt m rt
V m `C 0 3 0 ft n rtr• O Mm
m = a w m m w y o 0 w
ro rt n 0 0 0 0 m � w tr 0 0
rt o
w 0 rt O m w F m r
n 0 mm w 0 m o =+ r• ao
rt w m ct 3 a 0 o w to r m
3 n0 w w rt, ctm CL a) m
m a M n •t w w r• o r- 0
0 0 0 ro w a n rt o n = aro
ct m7t-nm mam ° m`° rt0
• a0cc — m w m w xx
r• n m m ao o. rtro m 3
D o w Im rct, E m w o'to cwt
TO r• m o m G rt e m •C
w � i rt0 m w0 tr0
w trn w 3 e n ctro
aww ° o °o rtm m ctta
aw m o m w WWto rtgrt a� ro
mW n mra m ct0 m Mtrti
mtor ° so tm a- t° mct 0 m
r I.-toom
lu eaw m0M w rt mm� m �
9 m a w o w m % E ph n
ct ° O � Om '
ccm =,o
w 1 a n r M rt n c m
wmM •4:1 nm9at�-
7 G 0 m r 0 O 0 m m
rt m n t• o 0 m M m
m r rtm rt rtr• r-
N n W m rt m t- 0 r- CL
m m 0 ct O. rt 1- O ro 0 a
w w Oro •aom
m r R ct 0 0 rt
m tw- r`r om o c ° n
rR- rm ctwi m m a aro
pmtwr 9ju m ort up
mmormt
m wM O M n 'a w
E n m 0 7
m rt n w
a o
o?-S�
MEETING AGENDA, MICHAEL F.CANNON, PE
DATE 1`-1-fr D S. HUT
.ITEM #.�.�� 4NDREG. M , AIA, AICP
am0� DANIEL S. UTCHINSON, L$
ASSOCIATES
sm
March 31, 1997 rd'COUNCIL a T'CDO DIR
RI OAO ❑ FIN DIR
ENGINEERS CAO ❑ FIRE CHIEF.
}TTORNEY ❑ PW DIR
PLANNERS W CLERIQORIG ❑ POLICE CHF
❑ MGMT TEAM ❑ REC DIR
SURVEYORS ❑ READ FILE ❑ UTIL DIR
Mayor Settle and Council Members of the City _ ❑ Pegs DLg
City of San Luis Obispo a
990 Palm Street �/�y
San Luis Obispo, CA 93401 O'
RE: Spice Hunter Annexation Request
Dear Mayor Settle and Council Members of the City:
The Spice Hunter is recognized as one of today's fastest growing gourmet food
companies. Demand for the product line continues to grow and as such Spice
Hunter's current facility is operating at capacity. Based on these circumstances,
the Spice Hunter has purchased property on the south side of Tank Farm Road and
plans to relocate the company to this location once a new facility can be built.
Preliminary plans call for the construction of a 100,000 s.f. industrial building;
60,000 s.f. for the Spice Hunter and 40,000 s.f. for leasing and future Spice
Hunter expansion. Future plans call for the construction of a second 20,000 s.f.
building.
Lucia Cleveland, owner of The Spice Hunter, requests the C-S zone on her
property proposed for annexation to allow greater flexibility of use and higher
quality development than would otherwise be permitted in the"M"zone. Her
property is currently zoned C-S in the County and has a City land use designation
of Services and Manufacturing. The C-S zone
The City does not have an appropriate mechanism which would allow a
combination of the desired uses of the"M"and the "C-S"zones at this time,but
will have the ability to do so upon completion of the Airport Area Specific Plan
now authorized by the City Council at its March 11th meeting. The C-S
designation will give the Spice Hunter the confidence to construct and occupy a
364 PACIFIC STREET
new building prior to completion of the Specific Plan.
,
SAN LUIS OBISPO, CA
93401
CELEBRATING
805.544-7407 MAH 3 1 1'1 i� 'o+� ®+eo.+
FAx 805-544-3863 •W+OF�Ia
CITY CLERK
SAN LUES OBISPO,CA
amon
ASSOCIATES
In an effort, however,to ensure the uses on the property to be annexed will be in
keeping with the City's vision for the area, and allow The Spice Hunter business
the flexibility it needs, Lucia Cleveland volunteers to unilaterally limit the
allowed uses in the C-S zone with the intent of restricting 1)regional centers
which generate traffic, and 2)uses that are more appropriately located in the
downtown area. This land use restriction is an interim solution. This voluntary
limit, filed with the County Recorder's Office, will expire when new zoning is in
place with the completion of the Airport Area Specific Plan.
A copy of the self-imposed Land Use Restriction is attached for your information.
Specifically, no warehouse stores will be developed and any other retail uses over
10,000 square feet will require Planning Director approval, or at his discretion,
Planning Commission approval.
Thank you for your consideration of this interim solution until the Airport Area
Specific Plan can properly address the issue.
Sincerely,
Andrew G. Merriam, AIA, AICP
Director of Planning
Attachment
The,` March 28, 1997
Spice Hunter INC.
Dear San Luis Obispo City Council;'
On April 1, you will consider my request that the Spice Hunter property .
on Tank Farm Road be annexed to the City with CS preannexation
zoning.
As you know, the City Planning Commission did not approve my request
for CS zoning, but it did pass a resolution tirging,that current
permissible zoning uses be restudied. The sentiments expressed at the
Planning Commission hearing were that the uses allowed in the M zone
were more suited to smokestack industies and were not suited for
modern, environmentally clean companies, such as the Spice Hunter. I
share that view.
I feel very strongly about the zoning issue and wish that I were able to
attend your hearing and share my thoughts personally. But I have a
commitment elsewhere, so we have to do with this. My advisors will be
present at your hearing to answer any questions that you may have. -
I want to thank the City Staff for the professional courtesies they have
extended to me and my representatives. I disagree strongly with Staff s
recommendation that my property be zoned M during this preannexation
period, but I have the highest regard for the effort they devoted to my
application. We share the same dream for the City, but we approach it
differently. I do not believe in defensive land planning.
There is a more enlightened vision than simply zoning my property for
the lowest industrial uses. In point of fact, the Staff s recommendation
"downzones" my property from County CS to City M, a reduction that
threatens businesses such as the Spice Hunter and Sonic Cable, who are
looking for an environmentally clean business park. I have been told
repeatedly that M zoning is intended to apply on an interim basis and
that that zoning will "most assuredly" be upgraded when the annexation
plan is adopted by the City. The prospect of years of discussion and
study, and the possibility that interim M zoning may not be upgraded
poses a dangerous financial risk to my business.
Staffs primary objection has been that CS zoning allows big-box retail
business uses on my property.-I have no interest in that type of use and
have signed a Land Use Restriction that when recorded will bind me and
any subsequent owners of my property from those retail uses during this
254 Granada Drive San Luis Obispo,California 93401 TELEPHONE 805/544-4466 FAX 805/544-9046
interim period. I have instructed my advisors to record the document if
you assign CS zoning to my property on an interim basis. •
For the Spice Hunter and other businesses in the immediate vicinity, the
CS zone is critical. I have been told by professionals upon whose advice II
rely that the value of my property will be substantially reduced with M
zoning, that the capital available to finance my new buildings will be
reduced, that the terms of financing will be more costly, that the rental
space will be harder to fill, and that lower building standards will be
applied to new construction in the vicinity of my site. I sincerely want
the Spice Hunter to be part of the City, but these are not the enlightened.
goals that I thought annexation.promised. These are unhappy prospects
that will have a negative impact on our growth: and that means the
Spice Hunter can't expand as quickly or efficiently as the marketplace
demands.
I ask that you take the wiser course and approve CS interim zoning for
the Spice Hunter and Sonic Cable. I do not want to be surrounded by
smokestack industries that threaten my products and the environment I
intend to create on my business and employees. Clearly, you need to
plan for a manufacturing component in City zoning, but I have yet to
meet anyone who feels that the Spice Hunter and Sonic Cable should E)e
zoned M on a permanent basis. On the contrary, everyone agrees that
'business park" zoning needs to be created for this area.
The Spice Hunter does not need to be downzoned on an interim basis
and I believe it would imprudent to do so. The CS zone, subject Lo my-
self-imposed
yself-imposed restriction against box-store retail sales, more closely
approximates likely future permissible uses in the area and elanh-hates
the undesirable uses allowed in the M zone.
For all these reasons, I request interim CS zoning.
For me and all my employees, we thank you for your consideraticn.
Sincerely..
Lw
Lucia Cleveland
' lir .• :l:•'.Y'
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO: UF
SPACE ABOVE THIS LINN FOR RECORDERS LINE
Assessor's Parcel No. 076-352-053
LAM USE RESTRICTION
IN CONSIDERATION of the annexation of the property described in Exhibit A
attached hereto ("Property") into the CITY OF SAN LUIS OBISPO ("City"), and
the grant of interim zoning "C-S" thereto, subject to the approval process
hereafter described, the undersigned hereby voluntarily excludes from the
permissible uses of such property the following:
1. Retail Sales: warehouse and discount stores.
2. Retail Sales: appliances; furniture and furnishings; musical
instruments; business, office and medical equipment stores, catalog
stores; sporting goods; outdoor supply.
Notwithstanding the foregoing, such uses are not excluded for spaces under
10,000 square feet; and such uses that exceed 10,000 square feet require the
approval of the City of San Luis Obispo Planning Director approval, or at his
discretion, Planning Commission approval.
This voluntary land use restriction shall remain in full force and effect until an
Airport Area Specific Plan is adopted by City or on the earlier approval of such
uses on application in the manner provided above, in which event this LAND
USE RESTRICTION shall terminate without further notice.
This Land Use Restriction runs with the land and shall bind and inure to the
benefit of the undersigned, and its successors and assigns.
Dated: March 7-?', 1997
SH INVESTMENTS, LLC, a California limited liability company
B L.,Y 061
Lucia Cleveland, Manager
STATE OF CALIFORNIA )
ss
COUNTY OF SAN LUIS OBISPO )
On _)M 1997, before me, a Notary Public in and for said
state, personally appeared LUCIA CLEVELAND personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the
instrument she, or the entity upon behalf of which she acted, executed the
instrument.
WITNESS my hand and official seal.
Or
KAREN WOODLING
Comm.t 1129102N Notary Public
N NOTARY PUBLIC-CALIFORNIA
San Luis Obispo County —
My Comm.Expires March 9,2001 `a
EXHIBIT A
LOT 5 OF THE SUBDIVISION OF LOTS 24, 26, 31, THE NORTH HALF OF
LOTS 18, 23, 27, 30 AND THE SOUTH PORTION OF LOT 17 OF THE
HARFORD AND CHAPMAN SUDIVISION, IN TOWNSHIP 31 SOUTH, RANGE 12
EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE MAP
FILED IN BOOK 1, PAGE 4 OF RECORDS OF SURVEY, IN THE OFFICE OF
COUNTY RECORDER OF SAID COUNTY.
APN: 076-352-053
MEETING AGENDA.
DATE '_ /_ITEM #
' PHONE CALL
FOR
-�.... _ •• DA ~ '�",TIE`
M - -
M
OF
jj� TELEPHONED
PHONE J YOUR CALL
-
AREA CODE NUMBER EXTENSION
FAX PLEASE CALL
i
MESSAGE WILL CALL
+. AGAIN
CAME
H•li
TO SEE YOU
moi:.•.. ": :^ �,:..;<: WANTS
TO SEE YOU
L A.r�.4t�1,4+
iT COUNCIL 8'CDD UIR
EfCAO 2rFINDIR
R(ACAO ❑ FIRE CHIEF
2r ATTORNEY ❑ PW DIR
E(CLERiWRIG ❑ POLICE CHF
❑ MGMT TEAM ❑ REG DIA
❑ C READ FILE ❑ UTIL DIR
7 103 PERS DIR
-10EETING AGENDA
DATEITEM #
=(an
ASSOCIATES
ENGINEERS
PLANNERS
SURVEYORS
364 Pacific Street
San Luis Obispo,CA 93401
(805)5447407
Transmittal
To: City Council Members
Company: City of San Luis Obispo
Address: 990 Palm Street
City:
From: Andrew Merriam
Company: Cannon Associates
Phone: (805) 544-7407
Fax: (805) 544-3863
Date: March 31, 1997
Subject: Spice Hunter Annexation
1 copy of a letter of support for C-S zoning from the Kitchen Shop.
Please give us a call at(805) 544-7407 if you have any problems receiving this
transmission.
19 COUNCIL _ CDD UIR--
Ef CAO YFIN DIR
e(ACAO ❑ FIRE CHIEF
f�ATrORNEY O PWDIR
M CLMRIQ ❑ POLICE CHF RECEIVE L
O M(3MTTEAM O REC DIR
❑�C D FILE ❑ UTIL DIR APR 1 ];",,i
3_ ❑ PERS OR
G CrrY CLERK
SAN LUIS OBISPO.CA
Al. WgvuK
r
Sharon Baldridge
The Kitchen Shop
670 I-Equera Street
San Luis Obispo, Ca 93401
To The City Council Members:
In 1980 The Kitchen Shop in San Luis Obispo was The Spice Hunter's first .
account. Being a small specialty store we have one on one contact with our customers.
We believe in The Spice Hunter's quality and have gone out of our way to promote it to
our customers. We have slowly built its business in our store to be our best selling line.
Usually as a specialty manufacturer moves into grocery or the mass market all that
good will built up by the specialty store is lost to the grocery store. The specialty store is
forgotten by the manufacturer and then no longer competitive. In Spice Hunter's case that
would be losing our best line.
Lucia Cleveland and The Spice Hunter have however gone out of their way to give
the specialty account aggressive programs. For example since September we have been
provided free custom green wire spice racks to give to customers who buy 6 spices. This
is a program that is impossible for a supermarket to merchandise but a specialty store can
make it its best promotion ever. I know those free racks cost The Spice Hunter a lot of
money and appreciate her commitment to us.
Lucia knows the specialty store built her business and she has kept her loyalty to
them. So when Lucia says she needs the CS zone to maximize the value of her project
and to make her project work, I know why. She needs to continue to give that
competitive edge to her accounts and in turn make us successful. That not only translates
to my success but the success of downtown kitchen specialty stores nationwide who carry
her line.
Sincerely,
Sharon Baldridge
Owner
The Kitchen Shop
277 Granada Drive llEETING AGENDA JBL
San Luis Obispo,California 93401-7396 USA �/
TELEX II.910.351-5809,JBL SALU DATE h` /-91 ITEM #
Phone(805)544-8524 SCIENTIFIC, INC.
FAX(805)543-1531 A Subsld dry of Gento,Inc.
April 1, 1997
To: Allen Settle
Bill Roalman
David Romero
Kathy Smith
Dodie Williams
City of San Luis Obispo g� - - -
FAX#781-7109 �9 V
From: Lauren Brown QFN
JBL Scientific
CITY CLERK
SAN LUZ OSiS?O,CA
RE: Request from Spice Hunter on zoning
CC: Lucia Cleveland
Spice Hunter
I understand that you are meeting this afternoon to consider a request from Lucia Cleveland and
the Spice Hunter regarding the zoning of the property on Tank Farm Road that they recently acquired. As
I understand the issue, she purchased the property thinldng that she had Commercial/Service zoning,
which would permit her not only the manufacturing capability but also a retail outlet fronting on Tank
Farm Road. However,the city is planning to zone it manufacturing only, which would prevent the retail
outlet on Tank Farm.
I am writing to urge that the necessary change be made in the zoning to accommodate Spice
Hunter's needs. My rationale is that there are already a number of businesses on Tank Farm west of the
junk yard to Lower Higuera that are commercial/service in nature already,and having the lot in question
zoned the same way seems most appropriate. I would recommend the manufacturing zones be
concentrated east of the junk yard and in other parts of the airport area to be annexed. Further, I would
simply like to express that Spice Hunter is a growing and vital company in the San Luis area. It's an
excellent example of the kind of business that we want to nurture and support in our city. I hope that a
way will be found to accommodate their request.
Since ly,
Lauren R. Brown 1' UidCIL
President —rd//CAO CI FIN
DiR
4f AO ❑ FIRE CHIEF
' Cd ATTORNEY ❑ PW DIR
f'B"CLERIVORIG ❑ POLICE CHF
❑ MGMTTEAA9 ❑ REC DIR �J
:1 ❑ R D Fi=L ❑ UTiL D;R I!
j�~,^'^ '
900121 OI,dIJ.NSIUs 'Itif TEST £1•S 902 M WVT 3RJ. L6/To/fo
_ETING AGENDA
DATE ITEM #
MEMORANDUM
DATE: March 31, 1997
TO: " City Council
FROM: John Dunn, City Administrative O
SUBJECT: Pre-annexation Agreements for the Ball and Spice Hunter Annexations
Attached are revised pre-annexation agreements relative to the Ball (Public. Hearing #1)
and Spice Hunter (Public Hearing #2) annexations. Changes are the result of clarifications
needed by both the property owners and the City and are found in Section 2.
E e(�OUNCIL 9CDJ UTA
R Dl'6Ao E(FIN DIR
� AGAO VFIRE CHIEF
/
IIss.. O CLERK/ORIG Q7 POLIICE CHF
❑ MGMT TEAM ❑ REC DIR
❑ C READ FILE VUTIL DIR
❑ PERS DIR
CITY CLERK
SAN LUIS 0GIJ?0,CA �x6/•'��G
Al AhlaK
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401-3249
APN: '076-352-038
076-352-039
PRE-ANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
ERNIE BALL INC.
This annexation agreement is made and entered into this day of ,
19973 by and between the City of San Luis Obispo, a chartered municipal corporation,
(hereinafter referred to as "CITY") whose address is 990 Palm Street, San Luis Obispo,
California 93401; and Ernie Ball, Inc. 151 Suburban Road San Luis Obispo, California
(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
WHEREAS, Ernie Ball Inc. is the owner in fee of certain real property in the County of San Luis
Obispo, commonly known as 151 Suburban Road, APN # 076-352-038, and 039, further
described in the attached Exhibit A and referred to herein as the"subject property"; and
WHEREAS,the subject property is proposed for annexation to the City of San Luis Obispo (City
File No. 154-96): and
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
pursuant to terms and procedures of the Califon-iia Government Code 56000 et seq.;
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 be entitled to 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 users in the City under similar circumstances,
Pre-annexation Agreement:Ernie Ball
Page 2
including but not limited to retrofit requirements. Any connection to the City water main in
Suburban Road will require reimbursement. Use of existing on-site ground water or other
sources for potable or non-potable uses may continue, provided they continue to meet County
Health Department standards. In the event of abandonment or failure of well(s), OWNER shall
comply with applicable State and County regulations regarding well abandonment. Non-potable
water may be used for landscape irrigation.
Sewer Service. City agrees to provide sanitary sewer service, as available,to the subject property
upon request of the OWNER subject to the same laws, rules, regulations, and fees applicable to
other new users in the City under similar circumstances. Use of existing on-site septic waste
disposal systems, which were legally installed under permit from the County 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 the City sewer system will be
required.
Fire Protection. City agrees to provide fire protection service, as available, to the subject
property upon request of the OWNER subject to the same laws, rules, regulations, and fees
applicable to other new users in the City under similar circumstances. Development on the
subject property must connect its fire suppression system to the water main in Suburban Road
and will be charged a monthly fire protection service fee.
Transportation Services. New construction on the subject property conducted under the
jurisdiction of the County of San Luis Obispo (Building Permit No. ) is subject to City
traffic impact fees payable upon completion of the annexation.
2. SPECIFIC PLAN AND AREAWIDE PLANNING AND INFRASTRUCTURE FEES.
Airport Area Specific Plan and Infrastructure Fee. This $15,237.00 per acre fee (interim fee)
is the estimated apportioned cost of area-wide planning and construction of infrastructure within
the Airport Annexation Area (including specific plan preparation, water and sewer system
improvements, circulation system improvements, and storm drain system improvements). Owner
hereby agrees to contribute $26,670.00, based upon current development of 1.74 acres. Such
payment shall be paid in full, or secured by a letter of credit, prior to final Council action on the
Ernie Ball Annexation, and said letter of credit shall be in effect for a period not less than 5 years
from the date of completion for that annexation. OWNER may elect to pay this fee at any time
within the five year period and retire the letter of credit. The same per acre fee shall be applied
to the undeveloped 6.17-acre lot at the time a development application is received by the City
Community Development Department for said lot, unless an area-wide assessment district or
other mechanism to recover costs for the services listed above is formed or adopted before a
development application is received.
Within the next eighteen to thirty months (but not later than five years),the City expects to adopt
a finalized specific plan and infrastructure improvement fee(Finalized Fee), form an assessment
district or similar funding mechanism(District), or implement some combination of these two
approaches, in order to finance these planning and improvement costs.
Pre-annexation Agreement:Ernie Ball
Page 3
In the event that the Interim Fee is paid in full prior to the adoption of a Finalized Fee or the
formation of a District, all obligations under any such future Finalized Fee or District will have
been fully satisfied by payment in full of this Interim Fee amount.
If the owner chooses not to pay the Interim Fee prior to the adoption of a Finalized Fee,payment
in full of the Finalized Fee amount adopted as it applies to this project will be required at that
time, and the letter of credit will be retired. In the event that a District approach is adopted by
the City in funding the airport area specific plan and infrastructure improvements instead of(or
in combination with) a Finalized Fee, OWNER and its successors agree to support the formation
of such a District.
3. OPEN SPACE. This $2,500.00 per acre fee is the apportioned cost for acquisition of an
open space buffer to the south of the Airport Area as required by the General Plan. OWNER
agrees to contribute $4,350.00, based uponcurrent development of 1.74 acres, prior to final
Council action on the Ernie Ball Annexation. The remainder of the fee, $15,650.00 will be
collectable when the vacant portion of the Ernie Ball Annexation is developed.
4. 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.
5. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it
shall be the responsibility of the OWNER to install and/or pay for improvements and fees which
may be required by permit, law, rule, regulation, or mitigation, unless otherwise specified in an
adopted Airport Area Specific Plan and the certified environmental review document for that
specific plan.
6. TERM OF AGREEMENT. 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.
7. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with the
County Recorder and shall bind and inure to the benefit of the heirs, assigns, and personal
representatives of the PARTIES.
8. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This agreement may be
amended, extended, or canceled at any time by mutual consent of the PARTIES or their
successors in interest.
IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis
Obispo, California.
Pre-annexation Agreement:Ernie13all
Page 4
ALL SIGNATURES MUST BE NOTARIZED
OWNER
BY:
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
BY:
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
iorn Je rge
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Departiddint
990 Palm Street
San Luis Obispo, CA 93401-3249 .
APN: 076-352-053
PRE-ANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
SPICE HUNTER
This annexation agreement is made and entered into this day of ,
1997, by and between the City of San Luis Obispo, a chartered municipal corporation,
(hereinafter referred to as "CITY") whose address is 990 Palm Street, San Luis Obispo,
California 93401; and SH Investments, LLC., located at 254 Granada Drive, San Luis Obispo,
California (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
WHEREAS, SH Investments,LLC., is the owner in fee of certain real property in the County of
San Luis Obispo, commonly known as 191 Tank Farm Road, APN # 076-352-053, further
described in the attached Exhibit A and referred to herein as the"subject property"; and
WHEREAS, the subject property is proposed for annexation to the City of San Luis Obispo (City
File No: 154-96): and
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
pursuant to terms and procedures of the California Government Code 56000 et seq.;
WHEREAS, the specific plan and area wide planning and infrastructure fees set forth in Section
2 of this agreement apply only to the Spice Hunter portion of the annexation, with fees relative to
the Sonic Cable property to be applied based upon the fees in effect at the time of future site
development;
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 be entitled to 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:
Pre-annexation Agreement:Spice Hunter
Page 2
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 t6-other new users in the City under similar circumstances,
including but not limited to retrofit requirements. Any connection to the City water main in
Suburban Road will require reimbursement. Use of on-site ground water or other sources for
potable or non-potable uses may continue, provided they continue to meet County Health
Department standards. In the event of abandonment or failure of well(s), OWNER shall comply
with applicable State and County regulations regarding well abandonment. Non-potable water
may be used for landscape irrigation.
Sewer Service. City agrees to provide sanitary sewer service, as available,to the subject property
upon request of the OWNER subject to the same laws, rules, regulations, and fees applicable to
other new users in the City under similar circumstances.
Fire Protection. City agrees to provide fire protection service, as available, to the subject
property upon request of the OWNER subject to the same laws, rules, regulations, and fees
applicable to other new users in the City under similar circumstances.
2. SPECIFIC PLAN AND AREAWIDE PLANNING AND INFRASTRUCTURE FEES.
Airport Area Specific Plan and Infrastructure Fee. This $15,237.00 per acre fee (interim fee)
is the estimated apportioned cost of area-wide planning and construction of infrastructure within
the Airport Annexation Area (including specific plan preparation, water and sewer system
improvements, circulation system improvements, and storm drain system improvements).
Owner hereby agrees to contribute $107,293.00, based upon the size of OWNER'S lot -.7 acres.
Such payment shall be paid in full, or secured by a letter of credit, prior to final Council action
on the Spice Hunter/Sonic Annexation, and said letter of credit shall be in effect for a period not
less than 5 years from the date of completion for that annexation. OWNER may elect to pay this
fee at any time within the five year period and retire the letter of credit.
Within the next eighteen to thirty months (but not later than five years),the City expects to adopt
a finalized specific plan and infrastructure improvement fee (Finalized Fee), form an assessment
district or similar funding mechanism (District), or implement some combination of these two
approaches, in order to finance these planning and improvement costs.
In the event that the Interim Fee is paid in full prior to the adoption of a Finalized Fee or the
formation of a District, all obligations under any such future Finalized Fee or District will have
been fully satisfied by payment in full of this Interim Fee amount.
If the owner chooses not to pay the Interim Fee prior to the adoption of a Finalized Fee,payment
in full of the Finalized Fee amount adopted as it applies to this project will be required at that
time, and the letter of credit will be retired. In the event that a District approach is adopted by
the City in funding the airport area specific plan and infrastructure improvements instead of(or
in combination with) a Finalized Fee, SH Investments and its successors agree to support the.
formation of such a District.
Pre-annexation Agreement:Spice Hunter
Page 3
3. OPEN SPACE. This $2,500.00 per acre fee is the apportioned cost for acquisition of an
open space.buffer to the south of the Airport Area as required by the General Plan. OWNER
agrees to contribute $17,500.00,based upon OWNER'S lot size of 7 acres,prior to fmal Council
action on the Spice Hunter/Sonic Annexation.
4. 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.
5. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it
shall be the responsibility of the OWNER to install and/or pay for improvements and fees which
may.be required by permit, law, rule, regulation, or mitigation, unless otherwise specified in an
adopted Airport Area Specific Plan and the certified environmental review document for that
specific plan.
6. TERM OF AGREEMENT. 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.
7. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with the
County Recorder and shall bind and inure to the benefit of the heirs, assigns, and personal
representatives of the PARTIES.
8. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This agreement may be
amended, extended, or canceled at any time by mutual consent of the PARTIES or their
successors in interest.
IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis
Obispo, California.
ALL SIGNATURES MUST BE NOTARIZED
OWNER
BY:
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
Pre-annexation Agreement: Spn:e Hunter
Page 4
BY: _
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
tyj /6m_ 7&f�f enpK
MEETING AGENDA 1
DATE. x/-97 ITEM #
MEMORANDUM
DATE: March 27, 1997
TO: City Council
FROM: John Dunn,.City Administrative Officer
SUBJECT: Pre-annexation Agreements for the Ball and Spice Hunter Annexations
Attached are the proposed pre-annexation agreements relative to the Ball (Public
Hearing #1) and Spice Hunter (Public Hearing #2) annexations. These agreements are
presently being reviewed by the applicants, with the goal of obtaining their signatures .
prior to the April 1" public hearings.
[13
/COUNCIL CDD DIR i
CAO ❑ FIN DIR
/1CA0 ❑ FIRE CHIEF
ATTORNEY B�PW DIR
CLERKONG ❑ POLICE CHF
MGMTTEAM O REC DIRC READ FILE ❑ U11L DIR
Ee ❑ PERS DIR
1� fi�rr. -.
jQ[GL(
I J 7111AiA./ l
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401-3249
APN: 076-352-038
076-352-039
PREANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
ERNIE BALL INC.
This annexation agreement is made and entered into this day of
1997, by and between the City of San Luis Obispo, a chartered municipal corporation,
(hereinafter referred to as"CITY") whose address is 990 Palm Street, San Luis Obispo, California
93401; and Ernie Ball, Inc. 151 Suburban Road San Luis Obispo, California (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
WHEREAS, Ernie Ball Inc. is the owner in fee of certain real property in the County of San Luis
Obispo, commonly known as 151 Suburban Road, APN # 076-352-038, and 039, further
described in the attached Exhibit A and referred to herein as the"subject property"; and
WHEREAS, the subject property is proposed for annexation to the City of San Luis Obispo (City
File No. 154-96): and
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
pursuant to terms and procedures of the California Government Code 56000 et seq.;
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 be entitled to 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,
Preannexation Agreement:Emie Ball
Page 2
regulations, and fees applicable to other new users in the City under similar circumstances,
including but not limited to retrofit requirements. Any connection to the City water main in
Suburban Road will require reimbursement. Use of existing on-site ground water or other
sources for potable or non-potable uses may continue, provided they continue to meet County
Health Department standards. In the event of abandonment or failure of well(s), OWNER shall
comply with applicable State and County regulations regarding well abandonment. 'Non-potable
water may be used for landscape irrigation.
Sewer Service. City agrees to provide sanitary sewer service, as available, to the subject property
upon request of the OWNER subject to the same laws, rules, regulations, and fees applicable to
other new users in the City under similar circumstances. Use of existing on-site septic waste
disposal systems, which were legally installed under permit from the County 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 the City sewer system will be required.
Fire Protection. City agrees to provide fire protection service, as available, to the subject
property upon request of the OWNER subject to the same laws, rules, regulations, and fees
applicable to other new users in the City under similar circumstances. Development on the subject
property must connect its fire suppression system to the water main in Suburban Road and will be
charged a monthly fire protection service fee.
Transportation Services. New construction on the subject property conducted under the
jurisdiction of the County of San Luis Obispo (Building Permit No. ) is subject to City
traffic impact fees payable upon completion of the annexation.
2. SPECIFIC PLAN AND AREAWIDE PLANNING AND INFRASTRUCTURE FEES.
Airport Area Specific Plan and Infrastructure. This $15,237.00 per acre fee is the estimated
apportioned cost of area-wide planning and construction of infrastructure within the Airport
Annexation Area (including specific plan preparation, water and sewer system improvements,
circulation system improvements, and storm drain system improvements). Owner hereby agrees to
contribute $26,670.00,.based upon current development of 1.74 acres. Such payment shall be
secured by a letter of credit, submitted prior to final Council action on the Ernie Ball Annexation,
and said letter of credit shall be in effect for a period not less than 5 years from the date of
completion for that annexation. OWNER may elect to pay this fee immediately upon annexation
or at any time within the five year period and retire the letter of credit. The same per acre fee
shall be applied to the undeveloped 6.17-acre lot at the time a development application is received
by the City Community Development Department for said lot, unless an area-wide assessment
district or other mechanism to recover costs for the services listed above is formed or adopted
before a development application is received.
Assessment District.Recognizing that it is possible these costs may instead be recovered through
a future assessment district, Ernie Ball Inc: hereby agrees not to protest the formation of any such
district.
Preannexation Agreement:Ernie Ball
Page 3
3. OPEN SPACE. This $2,500.00 per acre fee is the apportioned cost for acquisition of an
open space buffer to the south of the Airport Area as required by the General Plan. OWNER
agrees to contribute $4,350.00, based upon current development of 1.74 acres, prior to final
Council action on the Ernie Ball Annexation. The remainder of the fee, $15,650.00 will be
collectable when the vacant portion of the Ernie Ball Annexation is developed.
4.. 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.
5. PROPERTY EWPROVEMENTS. At the time of future development or redevelopment, it
shall be the responsibility of the OWNER to install and/or pay for improvements and fees which
may be required by permit, law, rule, regulation, or mitigation, unless otherwise specified in an
adopted Airport Area Specific Plan and the certified environmental review document for that
specific plan.
6. TERM OF AGREEMENT. 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.
7. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with the
County Recorder and shall bind and inure to the benefit of the heirs, assigns, and personal
representatives of the PARTIES.
8. AMENDMENTS, TIME EXTENSION OR CANCELLATION. This agreement may be
amended, extended, or canceled at any time by mutual consent of the PARTIES or their
successors in interest.
IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis
Obispo, California.
ALL SIGNATURES MUST BE NOTARIZED
OWNER
BY:
Preannexation Agreement:Ernie Ball
'Page 4
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
BY:
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf..
APPROVED AS TO FORM:
me Jeff ,rge n
Do-
TAM/Mu now D.. oI 8 a '^ 0`"O1:
o J G gip
d wawre+u• nolo O N I rl o `• ( J s i g•�" L1
O p
N h oQ�oNh Y
-mss Z "-1 I ^ g SE O •�''
/ - a L63�s
euoucr no.o
x
W u6 g
V A C HrE L L ; I z $a
SUSURBP:i - N 131.26' N a ROAD Q Z -
A.z
N CITY OL SAN LU15 CB15Pp
$8972'10"M 38100'
589'52'10"W 323.76 (R1) S89'52'10"W --—- -— -- — - - — - -
1 131.26' (RI) Q
1 _ • 1
1
5 r
N ..I
uu I ^ Ll3 CO I
n
� N U 1 ;I
Ln 0
C)
o U SI
P
I .a gxl
CL
S89'52'10'W s39s2'10'. 122.47' .
1
192.53' (Rt)
d ¢I I
..1
V c
rn
1 I C
1 ,
In J N
N H prb
rn WU I LU NN
r OJ
O I va Ua or
`cn
V
to
�L I Qui N
,
a a
0 3
ml
C7 —
o I�rI I p
I
7-
n I Z
0
0
1
1 '
I 1
I
M
Y }6
O~ 3
N89'52'3I,p
YE 323.82' (RI) I N89'S2'37'E 323.87' (RI)
647.63' (RI) 3
EXHIBIT A SEC. 10. T31 S R 12E
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401-3249
APN: 076-352-053
PREANNEXATION AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
SPICE HUNTER
This annexation agreement is made and entered into this day of ,
1997) by and between the City of San Luis Obispo, a chartered municipal corporation,
(hereinafter referred to as"CITY") whose address is 990 Palm Street, San Luis Obispo, California
93401; and SH Investments, LLC., located at 254 Granada Drive, San Luis Obispo, California
(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
WHEREAS, SH Investments, LLC., is the owner in fee of certain real property in the County of
San Luis Obispo, commonly known as 191 Tank Farm Road, APN # 076-352-053, further
described in the attached Exhibit A and referred to herein as the"subject property"; and
WHEREAS, the subject property is proposed for annexation to the City of San Luis Obispo (City
File No. 154-96): and
WIdEREAS, 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
pursuant to terns and procedures of the California Government Code 56000 et seq.;
WHEREAS, the specific plan and area wide planning and infrastructure fees set forth in Section 2
of this agreement apply only to the Spice Hunter portion of the annexation, with fees relative to
the Sonic Cable property to be applied based upon the fees in effect at the time of future site
development;
NOW THEREFORE, in consideration.of the mutual promises, covenants and agreements stated
herein, PARTIES agree as follows:
Preannexation Agreement:Spice Hunter
Page 2
1. URBAN SERVICES. Upon annexation the property shall be entitled to the full range of City
services, including but not limited to water and sewer services, police and fire protection, and
general government services, some Qf 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, riles,
regulations, and fees applicable to other new users in the City under similar circumstances,
including but not limited to retrofit requirements. Any connection .to the City water main in
Suburban Road will require reimbursement. Use of on-site ground water or other sources for
potable or non-potable uses may continue, provided .they continue to meet County Health
Department standards. In the event of abandonment or failure of well(s), OWNER shall comply
with applicable State and County regulations regarding well abandonment. Non-potable water
maybe used for landscape irrigation.
Sewer Service. City agrees to provide sanitary sewer service, as available, to the subject property
upon request of the OWNER subject to the same laws, rules, regulations, and fees applicable to
other new users in the City under similar circumstances.
Fire Protection. City agrees to provide fire protection service, as available, to the subject
property upon request of the OWNER subject to the same laws, rules, regulations, and fees
applicable to other new users in the City under similar circumstances.
2. SPECIFIC PLAN AND AREAWIDE PLANNING AND INFRASTRUCTURE FEES.
Airport-Area Specific Plan and Infrastructure. This $15,237.00 per acre fee is the estimated
apportioned cost of area-wide planning and construction of.infrastructure within the Airport
Annexation Area (including specific plan preparation,. water and sewer system improvements,
circulation system improvements, and storm drain system improvements). Owner hereby agrees
to contribute $107,293.00, based upon the size of OWNER'S lot - 7 acres. Such payment shall
be secured by a letter of credit, submitted prior to final Council action on the Spice Hunter/ Sonic
Annexation, and said letter of credit shall be in effect for a period not less.than 5 years from the
date of completion for.that annexation. OWNER may elect to pay this fee immediately upon
annexation or at any time within the five year period and retire the letter of credit.
Assessment District. Recognizing that it is possible these costs may instead be recovered
through a future assessment district, SH Investments Inc. hereby agrees not to protest the
formation of any such district.
3. OPEN SPACE. This $2,500.00 per acre fee is the apportioned cost for acquisition of an
open space buffer to the south of the Airport Area as required by the General Plan. OWNER
agrees to contribute $17,500.00, based upon OWNER'S lot size of 7 acres, prior to final Council
action on the Spice Hunter/Sonic Annexation.
4. COMPLIANCE WITH CITY STANDARDS. Once annexed the property will be subject
to the same riles, regulations, laws, and fees that would be applied to other properties in the City
Preannexation Agreement: Spice Hunter
Page 3
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.
S. PROPERTY EAPROVEMENTS. At the time of future development or redevelopment, it
shall be the responsibility of the OWNER to install and/or pay for improvements and fees which
may be required by permit, law, rule, regulation, or mitigation, unless otherwise specified in an
adopted Airport Area Specific Plan and the certified environmental review document for that
specific plan.
6. TERM OF AGREEMENT. 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.
7. SUCCESSORS, HEIRS, AND ASSIGNS. This agreement shall be recorded with, the
County Recorder and shall bind and inure to the benefit of the heirs, assigns, and personal
representatives of the PARTIES.
8. AMENDMENTS,.TIME EXTENSION OR CANCELLATION. This agreement may be
amended, extended, or canceled at any time by mutual consent of the PARTIES or their
successors in interest.
IN WITNESS WHEREOF, this agreement is executed on the date above stated at San Luis
Obispo, California.
ALL SIGNATURES MUST BE NOTARIZED
OWNER
BY:
CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation
BY:
Mayor Allen Settle
Preannexation Agreement: Spice Hunter
Page 4 .
ATTEST: .
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
ty, to y rorl�fien •
W F W Z
} N p N f •�'" P V
pvpy"IIYJ xwiF K
}a
��a' Q • Z UONo0<Fg0
OYOtl wounum
/n e
p a o¢p 5 ,VM1,I^ W u .pp,
�J� N W J W�V m A gOn W LL ¢<..N�Jb
�, o In Z 'i 1\\\ W � �,X n L Y Q S� •��•
VV 2
0YOtl ArxonB y + ;i.ou g w N OLLZRi� c
ry 1 1 1 3 N DZom=U
-_ - - �_ - - - - - - 0
0
<-
W W Q p:zvoi
NWZ
_waq.t.�r•ees •
ts �)trivt- - - � WW � 2�" `>
CIT ' n OI QQ Oee¢Y.
n a
CC
3
Z �NOO�O
1 Z OOJ¢WN
O D s oic'3
i � � }Q JSZW••J
U K'3�o Ni
Lu
r
I i000
2 62
U;
t
�J 1 ri
,/ LO w 1
W ip { of YI
0 -I , 0 I
v V O 1
6 WO $ I
0-
0s -
o_7 1
II I
1
1
1
I
I
I
I
I
I
(IV).u•vzr um I (la)Rt'uC ts3•
Nvadnans
0000 gni JO AID — — — — — — —•�r'6r —— —— —— — — —
Gd. ��. I -- - - - - —r
0180 51(17 NYS!0 A1N007
G K r1N
I I NF I N, W
mJ I mJ I QN I mwMI
.I m� O< • . •
1 I wIw
aU
LUm LUN I JN I JN Q tj-
N I N 1 I
W, U I ® 1
D
J
�Z I S—
JI =
FXHIRIT A �-
MEETING AGENDA
DATE_'S -/-991 ITEM #
March 12, 1997
Planning Commission
Draft Minutes
Spice Hunter
COUNCIL CDD DIR
IOeCAO ❑ FIN DIR
[p�l1CAC ❑ FIRE CHIEF
ATTORNEY ❑ PW DIR
�CLERWORIG ❑ POLICE CHF
❑ MGMTTEAM ❑ REG DIR
❑ C LE ❑ UT1L DIR
❑ PERS DIR
RECIVELd
MAH Y 7 l9V/
CITY CLERK
SAN LUIS OBISPO,CA
Draft Minutes
Planning Commission
March 12, 1997
Page 27
3. 180 and 190 Tank Farm Road: GP/R/ER/ANNX 1-97: Request for: 1)
annexation, General Plan map amendment to exclude the property for the Airport Specific
Planning Area; or 2) text amendment to allow for its annexation prior to adoption of a
specific plan; and 3) prezone the property to Service Commercial (C-S). Review will also
include the environmental impacts of the proposed annexation, General Plan amendment,
and zone reclassification; Spice Hunter, applicants.
Commissioners Senn, Jeffrey, and Chairman Karleskint refrained from participation due to
potential conflicts of interest.
Commissioner Whittlesey was designated as acting chairwoman.
Associate Planner McEvaine presented the staff report and recommended the Commission
recommend to the City Council (1) the adoption of a resolution concurring with the
mitigated negative declaration of environmental impact and amending the General Plan
Land Use Element text to enable annexation prior to completion of an Airport Area
Specific Plan, (2) passing to print an ordinance prezoning the annexation area
Manufacturing (M), and (3) adoption of a resolution recommending that LAFCo approve
the annexation.
Director Jonas stated there isn't a development plan proposed presently for the Sonic
property. It will remain undeveloped. He recommended striking "by the year 1995 from
the L.U. 7.3 of Exhibit A
PUBLIC COMMENT:
Andrew Merriam, Cannon and Associates, stated when they evaluated the Spice Hunter
annexation, it became apparent this situation is different than that of the Ernie Ball
company. Ms. Cleveland's process is food preparation, but they do have more outlet and
retail potential. Her site plan does take into account the significant expansion from the
present facility which is in a C-S-SP Zone in the city. She could have equally filled the
room up with employees as Mr. Ball did. Their needs and functions are different and they
are being placed on a site that will have about a 100,000 s.f. building and it does front on a
major arterial road. It is adjacent to C-S. He does not believe the Spice Hunter and city
staff are that far apart. It is the question of how we get from here to there, while
accommodating this desirable company and their needs.
Mr. Merriam stated the reasonMs. Cleveland needs and wants the C-S zone at this point
is she needs the flexibility allowed for present and future uses. She's in the food
Draft Minutes
Planning Commission
March 12, 1997
Page 28
manufacturing business and there is a potential for some retail components. It would be
secondary to the manufacturing process, but it will be significantly larger than was
discussed for Ernie Ball, and may include people arriving by automobile.
Mr. Merriam stated Ms. Cleveland will have plans to build a 100,00 square foot building
with about 40,000 s.f for future expansion to be leased to another tenant in the meantime.
She wants to maximize her ability to fill the space and potential tenants may not totally fit
within the M designated uses. The flexibility issue comes into play in this case. They are
not talking about a big box or grocery store, but the point is the M zone is unduly
restrictive in her perception.
Mr. Merriam stated Ms. Cleveland doesn't want to be adjacent to heavy manufacturing
uses allowed in the M zone. To her these are inappropriate neighborh for the kind of
operation and production that is occurring with the Spice Hunter.
Mr. Merriam stated the property has frontage on an arterial road (Tank Farm Road),
which is one of the criteria for C-S zoning.
Mr. Merriam stated Ms. Cleveland is very concerned about obtaining the C-S zoning
because Sonic Cable has informed her that they are not interested in annexation unless
they have the flexibility allowed by C-S. If the M designation is applied, Sonic will
withdraw from the annexation process. This leaves the Spice Hunter in a potentially
precarious situation as LAFCo is approached.
Mr. Merriam stated they are requesting the C-S zone. The Spice Hunter is in the C-S
zone in the county. He displayed an overhead from the County Land Use Plan and stated
Spice Hunter and Sonic property are in a cluster of C-S land in the county. Mr. Merriam
displayed on overhead of the city's scenic roadways map. She will be fronting part of
Tank Farm Rd. which is designated as a scenic roadway.
Mr. Merriam stated the Spice Hunter, is now in the Higuera Commerce Park and in a
specific plan area and Ms. Cleveland wants to duplicate the uses and functions she has
today.
Mr. Merriam stated there is a very great agreement between staff and the applicant as to
the ultimate use. The do not want a big retail store and would be willing to stipulate this
when they get to Council. They do want the kind of flexibility they have today.
Designating Spice Hunter and Sonic as C-S will be furthering the City's ultimate goal of
fostering appropriate businesses in this area.
Commissioner Ewan asked Mr. Merriam to comment on the restrictions that may be on
the future use of the property.
Draft Minutes
Planning Commission
March 12, 1997
Page 29
Mr. Merriam stated they had a significant series of discussions and negotiations with City
staff trying to arrive at a compromise. Mr. Merriam suggested some site restriction
designations using the (S) Special Consideration zone. The discussion of annexing to the
commerce park led to other issues. The third option explored was splitting the site in half
to allow the C-S zone along Tank Farm Road and leaving M on Suburban Road, but this
also led to complications. They concluded the best approach was to agree to disagree and
present it to the Commission. He urged a decision from the Commission.
Commissioner Kourakis stated regarding the uses allowed in the M Zone, she has a hard
time understanding how retail could be allowed, even as an accessory.
Director Jonas stated a concern with C-S zoning is that several thousand square feet
maybe devoted to sales and it may introduce products that were not produced on site. He
cited the section of the Zoning Regulations that would enable smaller accessory retail uses
in the M zone.
Lucia Cleveland, founder and 'president of the Spice Hunter, there's a great big sign on
her property that says commercial. They just closed escrow. Spice Hunter is clean,
reputable company. It doesn't process, it blends and packages. It's a clean industry. They
sell to 7,000 markets nationwide. It's her vision that the .factory would be in an
environment similar to Grenada Dr., where they are now. An M zone allows refuse
hauling, septic tank and portable toilet services, auto dismantling/scrap dealers, and
recycling centers. She wants to annex in adjacent to the Sonic parcel. Sonic could sell
their parcel at any time under the M zone and allow these types of uses. This is a concern.
There would be limited uses available. They're building 100,000 s.f., 40,000 for future
expansion will need to be leased out. She would like as much flexibility as possible.
Marketing in an M zone, she's would not be bringing in as many applicants that are
desirable. She doesn't want to use all that's allowed in an M zone. She feels she needs the
C-S zone. It's what she bought under and what the property adjacent (TK) is operating
under. The would be happy to exclude the major uses the City is concerned with.
John Ashbaugh stated we have here a situation that points to a defect in our zoning
ordinance. It might be resolved through the work on the specific plan, while allowing this
application to go forward with a C-S zone, as requested. He feels this should be seen as a
temporary zone while we work toward a classification that corresponds more to our intent
of the General Plan. The Commission is looking at a mutuality of interest between what
Ms. Cleveland wants and what the City wants. They are both satisfied within the C-S
zone and within the M zone. The concern the city has is that there are uses allowed in the
C-S zone that it doesn't want to see and Ms. Cleveland has concerns there are uses in the
M zone that she doesn't want to see. It seems we need a zone that corresponds to what
they both want to see. Perhaps we need a business park zone that is employment oriented,
not retail oriented and more restrictive than what's allowed in the M zone now. He
recommended going ahead with the application as requested, with direction to staff to
Draft Minutes
Planning Commission
March 12, 1997
Page 30
work with the consultant on the specific plan to come up with a zone that does meet the
intent within the zoning ordinance.
Mr. Merriam stated both the C-S and the M zone may have been appropriate 30 years
ago, but in today's computer world and mixed commercial retail zones, we really need
something else. He urged the Commission to support the C-S as the interim zoning until
some future process can perfect this melding together. He asked the Commission to
support the applicant in this interim process until the zoning can be perfected.
COMMISSIONERS' COMM ENTS:
Associate Planner McIlvaine stated the"temporary" argument can also be made for zoning
the property M as an interim designation pending specific plan completion. Development
plans need to be developed and submitted for architectural and environmental review. By
the time the extra 40,000 s.f. or whatever part of the new building is available for leasing,
the City will probably have completed a specific plan and will have a better handle on the
kinds of uses it appears everyone is wanting to have established.
Commissioner Ewan asked staff to show on the overhead the other adjoining properties.
Acting Chairwoman Whittlesey asked if the county's C-S zoning matches the City's.
Associate Planner McIlvaine stated there is some overlap. County zoning allows for some
retail uses and also for the kinds of manufacturing uses the City allows in its M zone.
Commissioner Ready moved to recommend that City Council adopt the findings as set
forth in the staff report; amending•Prezoning Findings 1, 2, and 3, to reflect C-S instead of
"Manufacturing" references; incorporate the summary recommendation set forth on Page
1, Items A, B, and C; modifyirtg Item A, LU 7.3, striking "by the year 1995"; inserting in
Item B Service Commercial (C-S)instead of Manufacturing (1).
The motion failed for the lack of a second.
Commissioner Kourakis moved staffs recommendation as stated on Page 1, with the
modification to Exhibit A, LU 7.3, striking "by the year 1995", and with the findings as
recommended by staff. The motion was seconded by Commissioner Ready.
Commissioner Kourakis stated she has been wrestling with the C-S and M zones. She
feels we may need a new zone. The specific plan may well come up with conditions that
may be equivalent to a new zone.
Commissioner Ewan stated unfortunately this came forward before a specific plan. He
hopes this can,move forward under the M zone until a better resolution is achieved.
Draft Minutes
Planning Commission
March 12, 1997
Page 31
Acting Chairwoman Whittlesey stated the applicant and the City have tried and have not
been able to find a middle ground. The City values, appreciates, and wants to work with
businesses such as Spice Hunter, but at the same time recognizes that the rippleor
precedent setting nature of this project with regard to nearby M-zoned preperties and the
ultimate zoning of the Airport Area. Zoning needs to be in sync with what's being
developed for this property and with what staff is doing with the airport area in general.
She is comfortable with staying with the M zone.
AYES: Commissioners Kourakis, Ready, Ewan, and Acting, Chairwoman
Whittlesey
NOES: None
ABSTAIN: None
REFRAIN: Commissioners Senn, Jeffrey, and Chairman Karleskint
Acting Chairwoman Whittlesey moved to recommend to the Council, in their drafting of
the RFP, for the airport area specific plan, to direct staff to examine and come forward
with a recommendation regarding existing and potential categories of zoning currently in
the airport area. The motion was seconded by Commissioner Kourakis.
AYES: Acting Chairwoman Whittlesey and Commissioners, Kourakis, Ewan, and
Ready
NOES: None
ABSTAIN: None
REFRAIN: Commissioners Senn, Jeffrey, and Chairman Karleskint
4. 55 and 61 Broad Street: PD/ER/158-96: Review of proposed changes to the site
as an amendment to the existi g planned development and review of environmental
determination for senior hous addition. The project includes changing the
occupancy of the apartments at 61 Broa street from primarily student to senior
housing and interior and exterior changes to he building to accommodate the change,
including a multi-purpose room addition. he other major project component is a new
three-level assisted care facility to be ocated in the parking lot area near Broad Street;
R-4-PD Zone, Smith& Compan , applicant.