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HomeMy WebLinkAbout08/15/2000, 3 - AERO VISTA ANNEXATION, PREZONING AND PRELIMINARY DEVELOPMENT PLAN: CONSIDERATION OF A REQUEST TO ANNEX AND PREZONE 10 ACRES TO SERVICE-COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY; PRELIMINARY DEVELOPMENT PLAN AND ENVIRONMENTAL REVIEW AT council i acEnba izEpont 1�N. 3 CITY OF SAN LUIS O B I S P O FROM: Arnold Jonas, Community Development Director Prepared By: Peggy Mandeville, Associate Planner SUBJECT: AERO VISTA ANNEXATION, PREZONING and PRELIMINARY DEVELOPMENT PLAN: Consideration of a request to annex and prezone 10 acres to Service-Commercial with a Planned Development Overlay; preliminary development plan and environmental review at 4451 Broad Street. (ANNX/PD/ER 80-99) CAO RECOMMENDATION Approve the Planning Commission's recommendation to: a) Introduce an ordinance prezoning the 10-acre site C-S-PD (Service Commercial-Planned Development). b) Adopt a resolution recommending that the Local Agency Formation Commission approve the annexation of 10 acres at the southwest comer of Aero Vista Drive and Broad Street. c) Adopt a resolution approving the preliminary development plan and adopting the Mitigated Negative Declaration. d) Initiate the renaming of Aero Vista Drive pursuant to Section 12.32.100 of the San Luis Obispo Municipal Code. DISCUSSION Situation The applicant has filed an application with the City to annex and prezone a 10-acre site at the southwest corner of Aero Vista Drive and Broad Street(see Attachment 1, Vicinity Map)pursuant to the City's Interim Airport Annexation Policy. The annexation boundary is to include the adjacent Aero Vista Drive, but not the Airport Road because it is a private street owned by the County. County approvals have been given for two office buildings on the site which may be under construction prior to annexation. It is anticipated that prior to annexation,the residence will be removed,the site graded and at least one service commercial building will be under construction. Structures that do not receive building permits in the County prior to annexation will require at a minimum architectural and building permit review in the City. 3-1 Aero Vista Annexation and rezoning (ANNX/PD 80-99) Page 2 The applicant is proposing Service Commercial zoning with a Planned Development(PD) overlay (see Attachment 2, Exhibit B for use matrix) to enable uses to comply with both the existing Services and Manufacturing land use designation as well as the Draft Specific Plan Business Park land use designation(see Attachment 6, Planning Commission staff report for details). Similar use matrixes which have received Council approval include the Cowan and Lathrop Planned Developments. The site is within the boundaries of the Airport Area Specific Plan and therefore a development plan for the property must accompany the application for annexation (see Attachment 9, Preliminary Development Plan). A PD zoning action is unique in that it combines a zone change with approval of site features. Approval of a PD development plan is a two-step process. The drawings and statements before the Council now are a "preliminary development plan." Subdivision and construction plans are contingent on City approval of a "final development plan." Unless otherwise required by a condition of approval for the preliminary development plan,, the final development plan may consist of building-permit plans and improvement plans for streets and utilities, and be subject only to staff review and approval. Because it is uncertain what site improvements will be made before annexation, staff recommends that the Planned Development be conditioned to comply with all City codes and that Architectural Review Commission approval be received prior to Final Development Plan approval. Additionally, staff recommends that the Broad Street driveway be eliminated to reduce circulation impacts on Broad Street. Planning Commission's Review/Action On June 14, 2000, the Planning Commission on a 6-0-1 vote(Commissioner Cooper was absent) recommended approval of the annexation, prezoning and preliminary development plan to the City Council, based on findings, and subject to conditions. The Planning Commission staff report and minutes are attached(see Attachment 6 and 8). Planning Commission discussion focused on the proposed uses and their compatibility with the proposed Business Park Zone. The Commission supported approval of the preliminary development plan, but did not support the applicant's request to allow a driveway on Broad Street. Commission discussion also focused on the confusion caused by similar airport related street names in the area. On a second unanimous vote, the Commission directed staff to research what options are available to the City to change the names of some of the streets (ie. Aero and Aero Vista) in the area to eliminate potential confusion by emergency response personnel. To address this problem, staff recommends that the Council initiate the renaming of Aero Vista Drive (see Attachment 10, Procedures for renaming streets). No replacement names have been suggested at this time. Staff will work with the County to develop a street name that has an aeronautical theme,yet won't be confused with existing street names in the vicinity. 3-2 Aero Vista Annexation and Prezoning (ANNX/PD 80-99) Page 3 Analysis of Annexation and Prezone The City's Interim Airport Area Annexation Policy allows property to be considered for annexation prior to the adoption of the Airport Area Specific Plan provided certain standards are met. As pointed out in the attached Planning Commission staff report (see Attachment 6), the proposed annexations meet these standards and comply with applicable General Plan criteria The applicant has agreed to contribute to the cost of preparing the Airport Area Specific Plan, sharing the cost of constructing area-wide infrastructure improvements, and contributing towards open space preservation according to the terms of the interim policy. The remainder of the costs will be paid or secured by a letter of credit as outlined in the attached pre-annexation agreement. Airport Compatibility The property is within the San Luis Obispo County Airport Land Use Plan's Area 4 and 5. According to the Airport Land Use Commission, the proposed annexation and future development of the site can be approved with conditions that include: granting an avigation easement, compliance with the compatible land use matrix of the Airport Land Use Plan, shielding of exterior lighting, and soundproofing. Environmental Review A Mitigated Negative Declaration has been prepared for this project. Measures incorporated into the project mitigate the potential impacts of noise, lighting impacts, air quality, airport and traffic impacts. The applicant agrees to all the mitigation measures with the exception of eliminating the driveway on Broad Street. ALTERNATIVES 1. Adopt the resolution denying the annexation and prezoning based on findings. 2. Continue with direction to the staff, and/or the applicant. 3. Approve the annexation and prezoning with a different list of allowed and allowable uses, so long as they are consistent with the General Plan. Attachments Attachment 1: Vicinity Map Attachment 2 Ordinance approving the prezoning(includes Exhibits A&B) Attachment 3: Resolution recommending LAFCo approval Attachment 4: Resolution denying the prezoning Attachment 5: Resolution approving the preliminary development plan Attachment 6: Planning Commission staff report Attachment 7: Environmental Initial Study Attachment 8: Planning Commission minutes and resolution Attachment 9: Preliminary Development Plan Attachment 10: Procedures for renaming streets Attachment 11: Pre-Annexation agreement 3-3 Attachment 1 , IN irk I j• \ I / / \ F I Vianity Map, 4451 Broad Safi PD 80-99 3.4 ORDINANCE NO. (2000 Series) Attachment 2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONING MAP TO PREZONE APPROXIMATELY 10 ACRES SERVICE-COMMERCIAL WITH THE PLANNED DEVELOPMENT OVERLAY (C-S-PD) AT 4451 BROAD STREET (PD 80-99) WHEREAS, the Planning Commission conducted a public hearing on June 14, 2000, and recommended prezoning the site Service-Commercial with the Planned Development Overlay zoning (C-S-PD) as shown on Exhibit A; and WHEREAS, the City Council conducted a public hearing on, August 15, 2000 and has considered testimony of the applicant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff in accordance with Section 65800 et. Seq. of the California Government Code; and WHEREAS, the City Council finds that the proposed prezoning is consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the project's Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and approved by Council as part of the preliminary development plan; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration approved by Council as part of the preliminary development plan adequately addresses the potential significant environmental impacts of the proposed rezoning, and reflects the independent judgment of the City Council. SECTION 2. The City Council makes the following findings: 1. The annexation, prezoning, and preliminary development plan are consistent with the General Plan,including policies regarding the location of services and manufacturing uses. 2. Prezoning the annexation area C-S-PD will be compatible with existing and allowed land uses in the area because the approved list of uses complies with the draft Business Park and the established Service Commercial use matrixes. 3. Prezoning the annexation area C-S-PD is consistent with the intended uses for this portion of the Broad Street corridor and will be compatible with existing and allowed land uses in the area_ 4. Prezoning the annexation area C-S-PD will ensure that uses allowed are compatible with the Airport Land Use Plan for the airport. 3-5 Ordinance No. (2000 Series) Page 2 SECTION 3. The prezoning is hereby approved subject to the following conditions: 1. Uses shall be allowed, or allowable with further approval, consistent with the master list of uses (Exhibit`B"). Uses that are not listed may not be established at the site. 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 this City. This ordinance shall go into effect upon the date of final action by the City Council on the annexation. INTRODUCED on the day of , 2000, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2000 on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this_day of , 2000. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: i tto ey e . Jorgensen 3-6 ■l ' .0 �.* �OtTVAQi !-- 1 �X�tIP�IT PD 80-99: Comparison of Uses Type of Use C-S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Advertising and related services A A A Airports and related services PC D PC Ambulance services A -- D D Amusement arcades(video A -- -- — games) Amusement park,fairgrounds PC -- — — Animal hospitals, boarding and A -- grooming(small animals) Animals hospitals,boarding D — and grooming(large animals) -- Antennas—municipal, commercial,and public utility D D D broadcasting and wireless communications Athletic and health clubs, A D1 D fitness centers,game courts, and other recreational facilities —indoor Audio and video production -- -- A A studios Auto repair and related services A — — — (body,brake,transmission, muffler shops;painting,etc.) Auto sound system installation A -- --Banks,savings Moan,credit D D D union or finance company— Customer service branch Corporate or regional A administrative office Broadcast studios A — A A Building and landscape A PC PC maintenance services Cabinet and carpentry shops D -- — — Caretakers quarters A D D Car rental as an exclusive use -- -- — Carwash—self-service or D -- -- — mechanical Catering services A -- — A =Allowed use D =Allowable with Administrative Use Permit PC=Allowable with Planning Commission Use Permit — Use not Allowed NL=New Listing 3-8Q A`Ac�i 2 Type of Use C-S zone Business Park PC Present zoning proposed in Airport recommendation Area Specific Plan Cemeteries,mausoleums, PC -- - — columbariums Churches,synagogues,temples D 3 — — Circus,carnival,fair,festival, D - — parades Computer services-includes A A A internet services Concurrent sales of alcoholic D -- -- — beverage and motor fuel Construction Activities A A A (Section 17.08.010G). Contractor's yards A -- -- — Convenience facilities primarily to serve workers in the area,which may include the following(see also separate retail and service listings): see day care DI Dr.3 Child or elderly care,each facility having up to 5,000 sf gross floor area(GFA) ................................................ ................................................... Sales of business and office A DD' supplies(up to 5,000 sf GFA) ................................................................................................... Barbers,hair stylists,manicurist, D D' D' tanning salon (2,000 sf GFA each) Bicycle sales&repair(2,000 sf A D D GFA each) ................................................................................................... Branch of bank,savings&loan, D DI Dl or credit union (2,000 sf GFA each) Laundry or dry-cleaning(2,000 sf See laundry below DI Dt GFA each) Retail sales of food,publications, Dr and sundries(2,000 sf GFA each) Credit reporting and collection A A A Delivery and courier services D D Det.and security services A -- — Drive-in theaters PC — — — Employment agencies -- D — Equipment Rental A -- -- — Exterminators and 5unigators A -- -- — A =Allowed use D =Allowable with Administrative Use Permit PC=Allowable with Planning Commission Use Permit Use not Allowed NL=New Listing 3-9 ATikcrt. 7i 3 Type of Use C-S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Feed stores and farm supplies A -- -- — Florists — -- — Food bank and package food D -- -- — distribution centers Gas distributors—containerized D -- -- — (butane,propane,oxygen,etc.) Government agency offices and -- D D5" meeting rooms. offices pertaining to airport operations and transportation admin. Homeless shelters PC -- — — Hot tubs—commercial PC — -- — Hotels or motels — PC — Insurance services(local) -- D D Insurance services(regional) -- D D Laboratories for medical or A A A analytical research Laundry/dry cleaner • cleaning plant A -- -- — • pick-up point A -- -- • self-service D -- -- — Manufacturing—food, beverages; ice,apparel, electronic,optical, instrumentation products; D A9 D9 jewelry;musical Mineral Extraction PC -- — — Mortuaries — -- — — Motels or hotels — —6 6— Nightclubs,discotheques PC — — Offices-contractors and A A A construction management Offices-architecture, A A A engineering,ind.design Offices(professional) -- — counselors,accountants,invest. 7 brokers,appraisers A =Allowed use D =Allowable with Administrative Use Permit PC.=Allowable with Planning Commission Use Permit —'=Use not Allowed �_to NL=New Listing ATr�%H• 7i 4 Type of Use C-S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Organizations(professional, religious,political, labor, D D D fraternal,trade,youth,etc.) offices and meeting rooms Parking(as a principal use) D -- — Photocopy services and quick A A A printers Photo finishing-retail A D D Photo finishing-wholesale; blue-printing and microfilming A A A Photographic studios-video A A A and audio production only Police or fire stations or -- -- PC — training facilities Post offices and public and A -- — private postal services Printing and publishing subject A A A to limitations for manufacturing uses Printing and publishing A PC PC generally Produce stand A -- -- — Public assembly facilities (community meeting rooms, PC DI PC, auditorium,convention halls) Recycling-bulk receiving, NL -- -- — sorting,storage Recreation facilities-indoor A D1 D Recreation facilities-outdoor A -- — — Amusement facilities-outdoor— PC -- -- — low intensity(golf,fairway, green) Amusement facilities-outdoor- med. Intensity(golf driving PC - -- — range,play lot) - Amusement facilities-outdoor- high Intensity(sports field,rec. PC -- -- — center,amusement park) Railroad yards and stations D -- -- — Repair services-office and A — D D business only,no vehicles Research&development— services,software,consumer A A A products,instruments,office equipment,and similar items A =Allowed use D =Allowable with Administrative Use Permit PC=Allowable with Planning Commission Use Permit — Use not Allowed 1 �-+ NL=New Listing A Aw• 7i 5 Type of Use C-S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Research&development— transportation equipment, PC D D weapons,metals,building,etc. Restaurants,sandwich shops, D -- D take-out food,etc. See convenience facilities Retail sales—convenience D — See convenience stores facilities Retail sales—outdoor sales of building materials and A - _ — gardening supplies (lumberyards,nurseries) Retail sales—indoor sales of building materials and A -- - _ gardening supplies(floor,paint, glass). Retail sales—appliances, furniture and furnishings, musical instruments;data processing equipment, A -- — business,office and medical equipment stores;sporting goods,outdoor supply. Retail sales and repair of A D bicycles See convenience See convenience facilities facilities Retail sales and rental—autos, A --trucks,,RV's Retail sales—auto parts and accessories except tires and A -- -_ — batteries as principal use Retail sales—tires and batteries A -- -- — Retail sales and rental—boats, A -- — aircraft,mobile homes,etc. Retail sales-groceries, liquor D and specialized foods(bakery, __ See convenience etc.) D facilities Retail sales-neighborhood D -- -- — grocery Retail sales-warehouse stores •45,000 sq.fL or less gross floor D area per establishment. *more than 45,000 sq.ft.per establishment. PC -- — — A =Allowed use ' D =Allowable with Administrative Use Permit OC.=Allowable with Planning Commission Use Permit — Use not Allowed NL=New Listing 3.12 _ A'TfAGH. Z 6 Type of Use C-S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Schools *Colleges/universities — __ —3 *Business,trade,recreational,or D __ —3 other specialized school Secretarial and related services D D D such as transcribing,telephone answering Service stations A -- — Skating Rinks PC -- - — Social services(see also -- D — organizations) Stadiums PC -- -- — Swap meets PC -- — — Swimming pools(public) PC -- -- — Tallow works(rendering plant) -- -- -- — Tattoo parlors D -- — — Temporary real estate offices in -- -- -- — tract Temporary sales(17.08.01J) D -- — Temporary uses-not otherwise D — — listed in Sec. 17.08.01 OK of ZR Ticket or travel agencies,and D D D management of charters or tours Tire recapping A — -- — Title companies -- D D Trailer rental A — — Ttucking/taxi service A — Utility company—Customer -- -- D — account services Utility company—Corp yards A -- -- — Utility company—Engineering D A D and administration offices A =Allowed use D =Allowable with Administrative Use Permit PC=Allowable with Planning Commission Use Permit — Use not Allowed 3-13 NL=New Listing 7 Type of Use C-S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Vending machines -- -- — V eterinarians D - — Warehousing,distribution, moving,mini-storage as a A PCI — principal use Water treatment services A -- — Wholesale(excluding fuel A PC D dealer)and mail order Wholesale fuel dealers NL -- — — Notes: 1. The following activities are secondary uses for business parks. Within the project site, their combined floor area shall not exceed 25 percent of the total floor area. Some are also subject to limits on individual floor area. • Ambulance service • Athletic and health clubs • Bicycle repair(max. 2,000 square feet of floor area) • Branch of bank, savings & loan, credit union, finance-company (2,000 square feet per use). Regional or corporate administrative offices are not subject to this area limit. • Photo finishing -retail • Retail sales of food,publications, sundries(2,000 square feet of floor area per use) • Sale, rental of business and office supplies (5,000 square feet of floor area per use) • Wholesaling,mail order(as freestanding uses) 2. Branch bank only 3. Use prohibited by the Airport Land Use Plan(incompatible with ALUP Area 4). 4. Computer services limited to data processing and technical support. 5. Allowable with administrative use permit with documentation of limited public visitation and determination of consistency with City's tri-polar policy (General Plan). 6. Presently inconsistent with General Plan, but expected to be added with adoption of the Airport Area Specific Plan and amendment to land use designations and zoning to Business Park. 7. Zoning Regulations allow large offices (min. 2,500 sf floor area per tenant)with PD Overlay. 8. Zoning Regulation allow parking as a principal use with exceptions to certain development standards. 9. Manufacturing uses are limited to those involving minimal toxic materials or wastes and low shipping volume(shipping or receiving less than 400 cubic meters [14,000 cubic feet] of truck or container space per day);typical products would be specialty foods,beverages, or apparel; electronic, optical,or instrumentation products;jewelry;musical instruments; sporting goods; art materials. A =Allowed use D =Allowable with Administrative Use Permit PC=Allowable with Planning Commission Use Pertnit — '=Use not Allowed NL=New Listing 3-14 Attachment 3 RESOLUTION NO. (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE ANNEXATION NO. _-00 AT 4451 BROAD STREET; AERO VISTA ANNEXATION (ANNX 80-99) WHEREAS, the Planning Commission and City Council have held public hearings on the proposed Aero Vista Annexation; and WHEREAS, the City Council on August 15, 2000, by Resolution No. (2000 Series), approved the Mitigated Negative Declaration for the proposed annexation, prezoning and preliminary development plan, pursuant to the California Environmental Quality Act Guidelines Section 15090; and • WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council on August 15, 2000, by Ordinance No. (2000 Series) approved the prezoning for the annexation of property known as the Aero Vista Annexation; 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 uninhabited, and a description of the boundaries of the territory is set forth in Section 2; and WHEREAS, this proposal is consistent with the sphere of influence of the affected city; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1. The annexation is appropriate since the site is contiguous to the City on two sides and the site is within the urban reserve line of the City. 2. The annexation of the site is a logical addition to the City due to its location in relation to existing urban development and city services. 3. The annexation is consistent with the goals and policies of the City's General Plan. SECTION 2: Annexation Area Described. The Aero Vista Annexation consists of that area, including approximately 10 acres at the southwest comer of Aero Vista Drive 3-15 Resolution No. (2u00 Series) Page 2 and Broad Street, in the County of San Luis Obispo, being Assessor's Parcel Number 067-401-0138 as shown on the attached map, Exhibit A, and legally described in the 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 project's Mitigated Negative Declaration and preliminary development plan, in accordance with California Government Code Section 56844 et seq. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the Mitigated Negative Declaration, and all pertinent supporting documents to the Local Agency Formation Commission. 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 , 2000. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: ty;Mooyf J gensen 3-16 1ti, N ZQ s o O w x ♦C �y \ O CY0 8 r w; 5♦� s 'OQw o r' UO s Li "1 1�� a t ad I T� ..•1 I m 00 U- e /b F- vii O f 1 / �L-Ll "c i � i /� = / ♦Y Q I..L �N eca ' <m Nu C O O O U W e W< UJI r b . R .•�T J ° W N a U :3 / /: �: �ti"\ C rP -'o 6> / x J 3 o a ��\ •oy'cA.�,}s�°� Q•. N 'a O Z '00. isr �% s IL CN iuj 0. ,7 ♦ �� ♦ Et�R/ �: \. / tel' �; I ♦\g. f,�•�$ ♦♦ i°?� 2 '' IrJai �• f'•• a,•'� 4` • ai� \ / eta W u or'.. ou r, •�. Qac •.,�. �, ; may f ` �l a \ sQr "•R�tp�,. C ti" a QOi eP x $ ads g/ ^ridSbJ n Ig ��<- o / / WQ 2W N Egg ttl ui Vol • I .F. \ t ?` deg].: J co C- rp �� m i 11/12/99 FRI 16:53 FAI 8U5 54 125 Cu 1' LTLEtPIUuI di MEQ �xt��t31T EXHIBIT °A" PARCELS 1, 2,3, AND 4 OF PARCEL MAP NO. CO 89-216, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 8, 1999 IN BOOK 54, PAGE 26 OF PARCEL MAPS i y END OF LEGAL DESCRIPTION 3-18 Attachment 4 RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A REQUEST FOR ANNEXATION AND PREZONING OF PROPERTY AT 4451 BROAD STREET (ANNX/R/ER 80-99) WHEREAS, the Planning Commission conducted a public hearing on June 14, 2000 and recommended approval of the annexation and prezoning;and WHEREAS, the City Council conducted a public hearing on August 15, 2000 and has considered testimony of interested parties, the records of the Planning Commission hearing and action,and the project 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 to annex 10 acres and prezone the site Service Commercial with the Planned Development Overlay, makes the following findings: (Council to insert findings here) SECTION 2. Denial. The request for approval of the annexation and prezoning 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 ,2000. 3-19 AiTAc�ti. �- Resolution No: (2000:SeTies) Page 2. Mayor Allen Settle :ATTEST: City Clerk Lee Price APPROVED AS TO FORM:. City' Attomey.JeffJorgen§en 3=20 Attachment 5 RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AT THE SOUTHWEST CORNER OF AERO VISTA DRIVE AND BROAD STREET (PD 80-99) WHEREAS, the Planning Commission conducted a public hearing on June 14, 2000 and recommended approval of the preliminary development plan PD 80-99; and WHEREAS, the City Council conducted a public hearing on August 15, 2000 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the preliminary development plan is consistent with the General Plan, the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. 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 Mitigated Negative Declaration 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 Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Future site development approvals shall include the following conditions: • Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. • The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport,the City of San Luis Obispo and the County of San Luis Obispo. • All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan(ie. churches may not be allowed). • Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 2. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search lights and strobe lights shall be prohibited. 3. A detailed soils engineering report shall be submitted as part of any grading and building permit application. The soils report shall include data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures,when necessary. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. 3-21 Resolution No. (2000 Series) Page 2 4. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis which indicates how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide design criteria that meets City standards. The proposed development shall not create a situation which increases the flooding potential downstream. 5. Any future development project shall include: • bicycle parking located close to door openings of all buildings. One bicycle space for every ten car parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only" to reserve these spaces for employee carpool participants only. • continued sidewalk along the property providing access to the nearby bus shelter; • outdoor employee rest area to encourage employees to stay on site during the lunch hour; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • shade tree planting in parking lots to reduce evaporative emmissions from parked vehicles; • double paned windows, energy efficient interior lighting, sodium parking lot lights; and increased wall and attic insulation beyond Title 24 requirements. 6. The applicant shall be responsible for providing a running total of the site's parking requirements and allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. 7. To reduce circulation impacts on Broad Street, the driveway on Broad Street shall be eliminated. 8. To encourage pedestrian circulation on-site as well as off-site, the applicant shall provide walkways connecting on-site buildings as well as adjoining properties. 9. New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy-efficient lighting systems for both interior and exterior use. 10. If these features are not included or feasible in the design of new buildings,the project architect shall document why they were determined to be infeasible. The Community Development Director shall review this document and make a final decision as to the feasibility of incorporating these energy conserving features. 3-22 A-TTACti- �7 Resolution No. (2000 Series) Page 3 11. All outdoor amenities including employee eating and recreation areas shall be located and designed so that the building placement and distance from noise sources attenuates noise levels. 12. Future site development shall include a solid waste recycling plan for recycling discarded building materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. 13. Existing and future site development shall incorporate convenient facilities for interior and exterior on-site recycling. A description of current recycling efforts and any plans to expand those efforts shall be submitted to the Community Development Department prior to City Council review of the annexation request 14. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 15. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways section of the Circulation Element. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map TR 166-98 and the Planning Commission's recommendations, staff recommendations,public testimony, and reports thereof, makes the following findings: t. Features of the project design (including the preservation of the rock outcropping, the placement of buildings against the street and the provision of open space plazas) achieve the intent of conventional standards as well as or better than the standards themselves. 2. A Negative Declaration was prepared by the Community Development Department on June 2, 2000, which describes significant environmental impacts associated with project development. The Negative Declaration concludes that the project will not have a significant adverse impact on the environment subject to the mitigation measures shown in the attached initial study ER 80-99 being incorporated into the project. 3. The Planned Development provides exceptional public benefit by complying with the proposed Business Park standards, which will result in a project more attractive to the public than one meeting only the conventional Service Commercial development standards. 4. The project's location or access arrangement does not significantly direct traffic to use local or collector streets in residential zones. 3-23 Resolution No. (2000 Series) Page 4 5. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing. SECTION 3. Approval. The request for approval of the preliminary development plan is approved subject to the following conditions and code requirements: 1. Site and building modifications shall be made as necessary so that the Planned Development complies with all City codes and policies including the Airport Area Specific Plan and the City's Parking and Driveway standards. 2. Architectural Review Commission approval shall be received prior to Final Development Plan approval. 3. Allowed uses shall comply with the attached list of PD 80-99 Planning Commission recommended uses. 4. The final development plan shall provide bicycle parking and storage facilities as required by the City's Zoning Regulations. 5. A lot-line adjustment is required prior to issuance of any building permits, if permits are issued prior to filing anew subdivision map. 6. The Broad Street driveway access must be eliminated or used exclusively for emergency vehicle access(if required by the Fire Marshal). 7. If the study identifies on-site areas subject to 100-yr stone flooding,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. 8. The developer shall install street lighting and all associated facilities(conduits, sidewalk vaults, fusing,wiring, luminaries, etc.) per City standards and to the satisfaction of the Director of Public Works. The design of said lighting systems shall be coordinated by the developer between the City and PG&E so as to minimize the amount of City-owned conduit and wiring system, to the satisfaction of the Director of Public Works. 9. Buildings cannot be built across a property line. At a minimum, parcels 2 and 3 shall be combined. Walls at buildings G, F, and single story storage building adjacent to property lines shall be fire-resistive construction with no openings permitted. 3-24 ATVACrt . (�F Resolution No. (2000 Series) Page 5 10. Sidewalks Along Broad Street: (existing c,g and sw) 11. Bicycle Parking: Both long- and short-term bicycle parking shall be provided as required by Section 17.16.060, Table 6.5 of the Zoning Regulations. The location of short-term parking (bicycle racks) shall be as stipulated by the Bicycle Transportation Plan (1993) — generally close to the main public entrances to the proposed buildings. 12. Property lines beneath buildings must be eliminated prior to building permit issuance. Buildings must comply with UBC requirements for fire ratings in relation to property lines. As proposed several buildings are located along a property line. The UBC does not allow openings along property lines, which means no windows or doors. 13. An accessible path of travel between individual buildings is required. 14. The applicant shall contribute to the cost of preparing the Airport Area Specific Plan and constructing area-wide infrastructure improvements, according to the cost-sharing plan maintained by the City,with the fee amount reflecting the City's acceptance of a complete annexation application. This criteria is met by the applicant signing a pre-annexation agreement before the application is considered by the City Council paying the open space fees and paying the Airport Area Specific Plan and Infrastructure fee or providing a letter of credit before annexation is approved. 15. The applicant shall coordinate with the City and County on all frontage improvements. Aero Vista Drive is a public street and Airport Drive is a private street owned by San Luis Obispo County. Code Requirements 1. Street trees shall be planted per City Standards(Quercus agrifolia, Metrosderos tomentosas, Chinese pistache and Deodar cedar),to the satisfaction of the City Arborist. 2. Traffic impact fees shall be paid prior to the issuance of a building permit. 3. 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. Permits 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. 4. A water allocation is required,due to the additional demand on the City's water supplies. Currently,a water allocation can only be obtained through the water retrofit program. The 3-25 Resolution No. (2000 Series) Page 6 City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of $150 per bathroom retrofitted. 5. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the size of the water meter serving each parcel. 6. Depending on the proposed uses at the site, industrial waste/wastewater pretreatment requirements may apply. The project shall be coordinated with the City's Industrial Waste Coordinator, Dale Karnes, who can be reached at 781-7425. 7. Each parcel is to have its own separate water and wastewater service laterals. 8. The applicant shall be required to install a sewer and water mains up to and along the property's frontage to any public right-of-way. The size of the mains shall be determined by the Utilities Department, with the City paying for the difference in cost due to up-sizing of the line beyond what is needed to serve the development. Water and wastewater facilities are currently being pursued by another developer, to extend service beyond this project to Aero Drive. A cooperative approach to installing these facilities is recommended. Otherwise, reimbursement agreements can be developed, that would provide for others to pay their appropriate share of cost to the party first installing the water and sewer facilities. 9. The project does not appear to include a well. If a well exists, or if the project is expected to include a well,additional requirements will apply. 10. The project shall comply with all City Fire code requirements. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 2000. 3-26 A TACM. Resolution No: (2000 Series) Page 7 Mayor Allen:Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: G:. Attorney 3-27 CITY OF SAN LUIS OBISPO Attachment 6 PLANNING COMMISSION STAFF REPORT BY: Peggy Mandeville, Associate Planner MEETING DATE: June 14, 2000 FROM: Ron Whisenand, Development Review Manager FILE NUMBER: ANNX, PD, ER 80-99 PROJECT ADDRESS: 4451 Broad Street SUBJECT: Consideration of a request to annex and prezone a 10 acre parcel located at the southwest comer of Aero Vista Drive and Broad Street to Service-Commercial with a Planned Development overlay; and environmental review. SUMMARY RECOMMENDATION Recommend that the City Council: A. Introduce an ordinance prezoning the 10 acre site C-S-PD (Service Commercial-Planned Development). B. Adopt a resolution recommending that the Local Agency Formation Commission approve the annexation of 10 acres at the southwest corner of Aero Vista Drive and Broad Street. C. Adopt a resolution approving the preliminary development plan and adopting the Mitigated Negative Declaration. BACKGROUND Situation The San Luis Obispo Local Agency Formation Commission (LAFCo) authorizes annexations. City and LAFCo policies require that the Planning Commission and City Council provide LAFCo with a recommendation on the proposed annexation and determine the appropriate zoning (referred to as"prezoning'�for the site to be annexed. Data Summary Address: 4451 Broad Street Property Owner/Applicant: Westpac Investments Zoning: Commercial Service(County zoning) General Plan: Services and Manufacturing Environmental status: A Mitigated Negative Declaration is proposed for the annexation and prezoning. Project action deadline: Legislative actions not subject to processing deadlines Site Description The 10.07-acre rectangular-shaped lot slopes generally from the west to the east, contains a large rock outcropping and is developed with a single family residence. Existing vegetation consists of mostly grasses and some trees around the residence. As shown on the site plan, the property has frontage on Aero Vista, Airport Drive and Broad Street. Surrounding land uses include: the 3-28 Gtt • (o ANNX/PD/ER 80-99 4451 Broad Street(Westpac) Page 2 County Airport to the west, and vacant and developed commercially-designated land to the north, south and east. Project Description The applicant proposes to annex and prezone a 10 acre site as Service Commercial (C-S) with a Planned Development(PD) overlay. County approvals have been given for two office buildings which may be under construction prior to annexation. It is anticipated that prior to annexation, the residence will be removed, the site graded and at least one service commercial building will be under construction. Structures that do no receive building permits in the County prior to annexation will require at a minimum architectural and building permit review in the City. EVALUATION General Plan Consistency The City's Land Use Element says urban development should be within the City, and that land must be inside the city limits to receive City services. The site is inside the City's urban reserve line making it eligible for annexation. The site is within the City's Airport Area. The General Plan says there should be a specific plan for the Airport Area, coordinated with annexation of the whole area (which was initiated several years ago). The City Council has approved very basic land use and circulation concepts and alternatives, to be elaborated in the forthcoming specific plan and evaluated in the forthcoming environmental impact report. The General Plan allows individual annexation requests to be approved before the Airport Area Specific Plan is adopted, if they meet all of the following criteria: • The property is contiguous to the city limits. The site abuts the City limits at Broad Street to the east and Aero Loop properties to the south. • The property is within the existing urban reserve line. The site is well within the City's urban reserve line. • The property is located near existing infrastructure. Water and sewer lines are located in the streets abutting the property. • Existing infrastructure capacity is available to serve the proposed development. Through the city's retrofit program, water will be available to serve the site. Waste water treatment capacity is adequate to serve the site. The progect's wastewater impact fees will pay a proportionate share of the cost to increase treatment capacity needed in response to cumulative increases in wastewater flows. There is almost no additional capacity for wastewater collection. Required impact fees will contribute to the cost of the pump replacement. Stormwater drainage capacity will be adequate because any development will be required to comply with the City's Flood Damage Prevention Regulations. 3-29 ANNX/PD/ER 80-99 4451 Broad Street(Westpac) Page 3 • A development plan for the property belonging to the applicant accompanies the application for annexation. Preliminary development plans have been submitted. Any new development will require Architectural Review Commission approval. • The applicant agrees to contribute to the cost of preparing the specific plan and constructing area-wide infrastructure improvements according to a cost-sharing plan maintained by the City. This criteria will be met by the applicant signing a pre-annexation agreement before the application is considered by the City Council, and paying the fees or providing a letter of credit before annexation is approved (see Condition 31). The site is designated for "Services and Manufacturing" on the General Plan Land Use Element (LUE) map. The LUE encourages a wide range of uses, including "business services, wholesaling, building contractors, utility company yards, auto repair, printing, food manufacturing and other light manufacturing, and retail sales of large items, bulk quantities, and items often stored outdoors (vehicles, building materials, plants)." The LUE also mentions "convenience restaurants and other activities primarily serving area workers" as appropriate types of uses. LUE Section 3.5 contains the policies for the Services and Manufacturing category. Policy 3.5.2 F., Appropriate Uses, allows for large offices", with the proper approvals. This policy is also reiterated in the Offices Section, specifically Policy 3.3.2 E. Therefore, the application for a Planned Development,PD, zoning to allow certain large offices is consistent with these LUE policies. "PD" for Compatibility with the Anticipated Business Park Designation The City is being asked to approve a project where the General Plan map shows Services and Manufacturing, but where the draft of the Airport Area Specific Plan map shows Business Park. Until adoption of the Airport Area Specific Plan (and a simultaneous General Plan amendment), the PD zone provides the greatest flexibility in allowing only those uses that are consistent with both the current Services and Manufacturing designation and the anticipated Business Park designation(see diagram below). Services& Business Manufacturing PD Park Some uses allowed in the Services and Manufacturing designation are not consistent with the proposed Business Park designation. If they were established before the Business Park zone is adopted, they would become non-conforming uses. Under zoning rules, these non-conforming uses could make building improvements or tenant changes at this site difficult. Nonconforming 3-30 Arn-Actt ANNX/PD/ER 80-99 4451 Broad Street (Westpac) Page 4 uses also could become nuisances to the types of uses intended for the Business Park designation. Given the above situation, staff has developed a list of uses (see attached Comparison of Uses) that comply with both the existing C-S zone and the proposed BP zone. The applicant has reviewed this list and found it acceptable. Therefore, staff and the applicant are recommending that this list be approved as part of the Planned Development zoning. In addition, the Airport Area specific planning process is defining a development character for the south Broad Street corridor. The draft specific plan will include development standards and guidelines intended to create the desired sense of place. To be successful, as much new development as possible along Broad Street should reflect the desired development character. A PD can set development standards in line with those recommended for the Business Park designation. The proposed development plan will be conditioned to follow the draft standards. When the Airport Area Specific Plan is adopted, it is anticipated that the City will simultaneously rezone the site and some neighboring land to Business Park. Because this PD will reflect the Business Park zoning features, the future rezoning should be a relatively smooth transition for any development that occurs prior to the rezoning. Following is the draft specific plan's statement of purpose for the Business Park designation. "Areas designated Business Park are primarily for research and development, light manufacturing, and business services that are compatible with each other and with airport operations. Business Parks are intended for fines and agencies which provide jobs that can support households in San Luis Obispo. Activities which are supportive of or accessory to the primary activities may be established as well. The City recognizes that firms locating in areas designated Business Park often combine product development, promotion, manufacturing, and distribution at a single facility. The [use chart] provisions are intended to accommodate such combinations, with the lowest level of review by the City that is consistent with assuring a desirable setting for the types of businesses that are the primary reason for Business Parks. Planned Development A PD zoning action is unique in that it combines a zone change with approval of site features. Approval of a PD development plan is a two-step process. The drawings and statements before the Commission now are a "preliminary development plan." Subdivision and construction plans are contingent on City approval of a "final development plan." Unless otherwise required by a condition of approval for the preliminary development plant, the final development plan may consist of building-permit plans and improvement plans for streets and utilities, and be subject . only to staff review and approval. Because it is uncertain what site improvements will be made before annexation, staff recommends that the Planned Development be conditioned to comply with all City codes and that Architectural Review Commission approval be received prior to Final Development Plan approval. The Zoning Regulations require that at least one of the following findings be made to approve a 3-31 ANNX/PD/ER 80-99 4451 Broad Street(Westpac) Page 5 Planned Development zone (Section 17.62.040): 1. It provides facilities or amenities suited to a particular occupancy group (such as the elderly or families with children) which would not be feasible under conventional zoning. 2. It transfers allowable development, within a site, from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard; 3. It provides more affordable housing than would be possible with conventional development; 4. Features of the particular design achieve the intent of conventional standards (privacy, usable open space, adequate parking, compatibility with neighborhood character, and so on) as well as or better than the standards themselves; 5. It incorporates features which result in consumption of less materials, energy or water than conventional development; 6. The proposed project provides exceptional public benefits such as parking, open space, landscaping, public art, and other special amenities which would not be feasible under conventional development standards. Staff recommends making fording #4, because the preservation of the rock outcropping, outdoor plaza, and the placement of buildings achieve the intent of conventional standards as well as or better than the conventional standards. In addition, to approve a planned development allowing large professional office buildings which can include multiple tenants, but with no single tenant less than 2,500 s.f. in the C-S zone, the Commission or Council must find that it meets each of the criteria listed below: 1. The project will be compatible with existing and allowed land uses in the area. 2. The project's location or access arrangement do not significantly direct traffic to use locat or collector streets in residential zones. 3. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing. 4. The project does not preclude industrial or service-commercial uses in areas especially suited for such uses when compared with offices. 5. The project does not create a shortage of C-S and M zoned land available for service- commercial or industrial development. 3-32 ANNX/PD/ER 80-99 4451 Broad Street(Westpac) Page 6 Staff believes that all of the above findings can made in this situation. Airport Compatibility The property is within the San Luis Obispo County Airport Land Use Plan's Area 4 & 5 (Area 4: Land adjacent the airport between runway extensions, Area 5: Other land between runway extensions). According to the Airport Land Use Commission (ALUC), the proposed annexation and future development of the site can be approved with conditions which include: granting an avigation easement, compliance with the compatible land use matrix of the Airport Land Use Plan, shielding of exterior lighting and soundproofing. As required, the uses proposed as part of the Planned Development are compatible with the San Luis Obispo Airport Land Use Plan. OTHER DEPARTMENT COMMENTS Other City Departments indicate that City services are available to serve the site. ALTERNATIVES 1. The Commission may recommend that the Council deny the project. Action denying the application should include the findings for denial. 2. The Commission may continue review of the project. Direction should be given to the applicant and/or staff regarding desired information. OTHER DEPARTMENT COMMENTS Other department comments have been incorporated as conditions of planned development approval. RECOMMENDATION Forward a recommendation to the City Council as outlined at the beginning of this report based on the following findings and subject to the following conditions: Review the initial study of environmental impact, and recommend approval of the amendment to amend the City's zoning map designation from C-S-S, Service-Commercial with the Special Consideration overlay zoning, to C-S-S-PD, Service-Commercial with-the Special Consideration and Planned Development overlay zonings to the City Council, based on findings, and with conditions. Findings 3-33 �TPacGtt (p ANNX/PD/ER 80-99 4451 Broad Street (Westpac) Page 7 1. The project's initial study (ER 80-99) adequately evaluates and mitigates the potential adverse impacts to the environment resulting from the annexation and prezoning. 2. The annexation is appropriate since the site is contiguous to the City on two sides and within the City's urban reserve line.. 3. The annexation is a logical addition to the City due to its location in relation to existing urban development and city services. 4. As indicated in the above analysis, the annexation, prezoning and development plan are consistent with the City's General Plan. 5. Prezoning the site C-S-PD is consistent with the intended uses and locations of C-S zoned properties as described in the City's zoning regulations. 6. Features of the project design (including the preservation of the rock outcropping, the placement of buildings against the street and the provision of open space plazas) achieve the intent of conventional standards as well as or better than the standards themselves. 7. A Negative Declaration was prepared by the Community Development Department onJune 2, 2000, which describes significant environmental impacts associated with project development. The Negative Declaration concludes that the project will not have a significant adverse impact on the environment subject to the mitigation measures shown in the attached initial study ER 80-99 being incorporated into the project. 8. The Planned Development provides exceptional public benefit by complying with the proposed Business Park standards, which will result in a project more attractive to the public than one meeting only the conventional Service Commercial development standards. 9. The project will be compatible with existing and allowed land uses in the area. 10. The project's location or access arrangement do not significantly direct traffic to use locat or collector streets in residential zones. 11. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing. 12. The project does not preclude industrial or service-commercial uses in areas especially suited for such uses when compared with offices_ 13. The .project does not create a shortage of C-S and M zoned land available for service- commercial or industrial development. 3-34 ANNX/PD/ER 80-99 4451 Broad Street (Westpac) Page 8 Conditions 1. Future site development approvals shall include the following conditions: • Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. • The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport,the City of San Luis Obispo and the County of San Luis Obispo. • All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan(ie. churches may not be allowed). • Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 2. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search lights and strobe lights shall be prohibited. 3. A detailed soils engineering report shall be submitted as part of any grading and building permit application. The soils report shall include data regarding the nature,distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures,when necessary. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. 4. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis which indicates how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide design criteria that meets City standards. The proposed development shall not create a situation which increases the flooding potential downstream. 5. Any future development project shall include: • bicycle parking located close to door openings of all buildings. One bicycle space for every ten car parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only" to reserve these spaces for employee carpool participants only. • continued sidewalk along the property providing access to the nearby bus shelter; • outdoor employee rest area to encourage employees to stay on site during the lunch hour; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • shade tree planting in parking lots to reduce evaporative emmissions from parked vehicles; • double paned windows, energy efficient interior lighting, sodium parking lot lights; and increased wall and attic insulation beyond Title 24 requirements. 3-35 ATT;oar6H. c-e- ANNX/PD/ER 80-99 - 4451 Broad Street(Westpac) Page 9 6. The applicant shall be responsible for providing a running total of the site's parking requirements and allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. 7. To reduce circulation impacts on Broad Street, the driveway on Broad Street shall be eliminated. 8. To encourage pedestrian circulation on-site as well as off-site, the applicant shall provide walkways connecting on-site buildings as well as adjoining properties. 9. New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy-efficient lighting systems for both interior and exterior use. 1 O.If these features are not included or feasible in the design of new buildings,the project architect shall document why they were determined to be infeasible. The Community Development Director shall review this document and make a final decision as to the feasibility. of incorporating these energy conserving features. 11. All outdoor amenities including employee eating and recreation areas shall be located and designed so that the building placment and distance from noise sources attenuates noise levels. 12. Future site development shall include a solid waste recycling plan for recycling discarded building materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. 13. Existing and future site development shall incorporate convenient facilities for interior and exterior on-site recycling. A description of current recycling efforts and any plans to expand those efforts shall be submitted to the Community Development Department prior to City Council review of the annexation request. 14. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 15. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways section of the Circulation Element. 16. Site and building modifications shall be made as necessary so that the Planned Development complies with all City codes and policies including the Airport Area Specific Plan and the City's Parking and Driveway standards. 3-36 ANNX/PD/ER 80-99 4451 Broad Street(Westpac) Page 10 17. Architectural Review Commission approval shall be received prior to Final Development Plan approval. 18. Allowed uses shall comply with the attached list of PD 80-99 Planning Commission recommended uses. 19. The final development plan shall provide bicycle parking and storage facilities as required by the City's Zoning Regulations. 20. A lot-line adjustment is required prior to issuance of any building permits, if permits are issued prior to filing a new subdivision map. 21. The Broad Street driveway access must be eliminated or used exclusively for emergency vehicle access (if required by the Fire Marshal). 22. A hydrology study that analyzes the effects of the proposed development on adjacent and downstream properties will be required. The development must be designed so as not to increase flooding potential downstream; detention facilities will be required. 23. If the study identifies on-site areas subject to 100-yr storm flooding,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. 24. The developer shall install street lighting and all associated facilities(conduits, sidewalk vaults, fusing,wiring,.luminaries, etc.)per City standards and to the satisfaction of the Director of Public Works. The design of said lighting systems shall be coordinated by the developer between the City and PG&E so as to minimize the amount of City-owned conduit and wiring system,to the satisfaction of the Director of Public Works. 25. Buildings cannot be built across a property line. At a minimum,parcels 2 and 3 shall be combined. Walls at buildings G, F, and single story storage building adjacent to property lines shall be fire-resistive construction with no openings permitted. 26. Southern Driveway: Eliminate the southern driveway onto Broad Street and focus access to and from Aero Vista Drive. 27. Sidewalks Along Broad Street: (existing c,g and sw) 28. Bicycle Parking: Both long- and short-term bicycle parking shall be provided as required by Section 17.16.060, Table 6.5 of the Zoning Regulations. The location of short-term parking 3-37 (P ANNX/PD/ER 80-99 A-rrAcH• 4451 Broad Street(Westpac) Page 11 (bicycle racks) shall be as stipulated by the Bicycle Transportation Plan (1993) — generally close to the main public entrances to the proposed buildings. 29. Property lines beneath buildings must be eliminated prior to building permit issuance. Buildings must comply with UBC requirements for fire ratings in relation to property lines. As proposed several buildings are located along a property line. The UBC does not allow openings along property lines,which means no windows or doors. 30. An accessible path of travel between individual buildings is required. 31. The applicant shall contribute to the cost of preparing the Airport Area Specific Plan and constructing area-wide infrastructure improvements, according to the cost-sharing plan maintained by the City, with the fee amount reflecting the City's acceptance of a complete annexation application. 32. The applicant shall coordinate with the City and the County on all frontage improvements. Aero Drive is a public street and Airport Drive is a private street owned by San Luis Obispo County. Code Requirements 1. Street trees shall be planted per City Standards (Quercus agrifolia, Metrosderos tomentosas, Chinese pistache and Deodar cedar), to the satisfaction of the City Arborist. 2. Traffic impact fees shall be paid prior to the issuance of a building permit. 3. 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. Permits 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. 4. A water allocation is required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of $150 per bathroom retrofitted. 3-38 ANNX/PD/ER 80-99 4451 Broad Street(Westpac) Page 12 5. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the size of the water meter serving each parcel. 6. Depending on the proposed uses at the site; industrial waste/wastewater pretreatment requirements may apply. The project shall be coordinated with the City's Industrial Waste Coordinator, Dale Karnes, who can be reached at 781-7425. 7. Each parcel is to have its own separate water and wastewater service laterals. 8. The applicant shall be required to install a sewer and water mains up to and along the property's frontage to any public right-of-way. The size of the mains shall be determined by the Utilities Department, with the City paying for the difference in cost due to up-sizing of the line beyond what is needed to serve the development. Water and wastewater facilities are currently being pursued by another developer, to extend service beyond this project to Aero Drive. A cooperative approach to installing these facilities is recommended. Otherwise, reimbursement agreements can be developed, that would provide for others to pay their appropriate share of cost to the party first installing the water and sewer facilities. 9. The project does not appear to include a well. If a well exists, or if the project is expected to include a well, additional requirements will apply. 10. The project shall comply with all City Fire code requirements. Attachments: Vicinity map Annexation map Prezoning map Business Park land use matrix Environmental initial study Project plans Pmandevi\PC\ANNX 80-99,Westpac 3-39 Iffachment 7 II � city of tuis san o 990 Palm Street, San Luis Obispo, CA 93401-3249 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1 . Project Title: Westpac Annexation, Annx/PD/ER 80-99 2. Lead Agency Name and Address: City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93401 3. Contact & Phone Number: Associate Planner, Peggy Mandeville, 781-7175 4. Project Location: 4451 Broad Street 5. Project Sponsor's Name and Address: Westpac Investments, 1880 Santa Barbara Street, Suite F, San Luis Obispo, CA 93401 6. General Plan Designation: Services and Manufacturing 7. Current County Zoning: Commercial Service 8. Description of the Project: The applicant is requesting annexation and Service Commercial Planned Development (C-S-PD) pre-zoning (to allow large office tenants) of approximately 10 acres of property at the southwest corner of Aero Vista Drive and Broad Street. The sloping property contains a large rock outcropping and is developed with a single family residence, however County planning approvals have been given for two office buildings on the property and the applicant has applied for County planning permits for 4 additional office buildings. It is anticipated that prior to annexation, the residence will be removed, the site graded and at least one service commercial office building will be under construction. Structures that do not receive building permits in the County prior to annexation will require architectural and building permit review in the .City. - This environmental assessment also addresses the potential impacts of future site development. 9. Entitlements Requested: Annexation and Prezoning 10. Surrounding Land Uses: San Luis Obispo airport & business park operations. 11 . Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): Local Agency Formation Commission Airport Land Use Commission © The CA- of San Luis Ob' is committed to include the disabled in all of its services, 3-40 Telecommunications Device the Deaf(805) 781-7410. programs and activities. 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 X Land Use and Planning Biological Resources Aesthetics X Population and Housing Energy and Mineral Cultural Resources Resources X Geological Problems Hazards Recreation X x Water Noise X Mandatory Findings of Significance Air Quality Public Services 1sa L'r -- 'ri• xi. �:...'. ma's,, +.•.,, Transportation and Utilities and Service v Circulation Systems 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. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. 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 will not be a significant effect in this case because the mitigation measures described on ar X 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 a ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at leas one effect (1) has been adequately analyzed in an earlier document pursuant to applicable lega 2 3-41 standards, and (2) has been addressed by mitigation measures based on the earlier analysis a described on attached sheets, if the effect is a "Potentially Significant Impact" or is "Potential) Significant Unless Mitigated.' An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed 1 find that although the proposed project could have a significant effect on the environment, ther 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 o mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. June 2, 2000 natur 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 (e.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 CEOA 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 3-42 Issues and Supporting Information Sources Sources Poten.."dy Potentially LessThan No Significant Significant Significant Impact Issues ER 80-99, Westpac mitigationImpaImpact Incorporated 1. LAND USE AND PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? 1,2, X 6, b) Conflict with applicable environmental plans or policies 5, 8, x adopted by agencies with jurisdiction over the project? 13 c) Be incompatible with existing land use in the vicinity? 1,2 x d) Affect agricultural resources or operations (e.g. impact 1,10 x to soils or farmlands, or impacts from incompatible lanc uses? e) Disrupt or divide the physical arrangement of ar x established community (including a low-income o minority community)? General Plan Consistency Ultimately this site is envisioned by both City and County land use plans to be annexed to the City. City policy allows annexation of Airport Area properties, which would otherwise be developed in the short-ter within the County, before the Airport Area Specific Plan is adopted (Land Use Element Policy 1.13.3.A) and the entire area annexed to the City of San Luis Obispo. The City's general plan land use element designates the site as "Services and Manufacturing". The land use element encourages a wide range of uses, including light manufacturing, research and development, an laboratories within areas designated as "Services and Manufacturing". Land Use Element policy 3.5.2 allows for large offices with proper approvals. With approval of the Planned Development Overlay, large offices are consistent with the City's General Plan. r Land Use Element Policy 7.4 Greenbelt Protection states thatannexation 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 annexatio shall not take effect unless the annexed area helps protect an- appropriate part of the greenbelt near th Airport Area, through one or more of the following methods: A. Dedicating an open-space easement or fee owngrship 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. CONCLUSION: Less than significant. Prior to annexation, open space fees will be assessed for any developable portion of the property. Land Use Element Policy 7.8 Specific Plan states that the City will prepare a specific plan for land uses, habitat protection, circulation, utilities, and drainage within the Airport Area. CONCLUSION: Not significant. The City Council has directed the preparation of a specific plan for the Airport Area. Any developable portion of the site will be assessed an interim annexation fee for specific pla preparation and infrastructure construction. Land Use Element Policy 1.13.4 Development and Services states that actual development in an annexe area may be approved only when adequate City services can be provided for that development, withou reducing the level of services or increasing the cost of services for existing development and for build-ou 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 withi 4 3-43 U't Issues and Supporting Information Sources Sources Potentially Potentially IessThan No Significant Significant Significant Impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated the 1994 city limits to be used for annexation projects. Water for development in an annexed area may b 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; C. Private well water, but only as an interim source, pending availability of an approved addition to Cit water sources, and when it is demonstrated that use of the well water will not diminish the City's municipal groundwater supply. The applicant plans to extend city water and sewer lines and connect to these city services. To connect t city water, the applicant must develop a water allocation, consistent with the City's Water Allocation Regulations, which require applicants to retrofit existing plumbing fixtures throughout the city to save twit as much water as the project is anticipated to use. CONCLUSION: Less than significant. Connection to city water and any future site development under the jurisdiction of the City will be subject to the City's water allocation regulations. See water supply discussion under Utilities below. Zoning Ordinance Consistency To be consistent with the Services and Manufacturing land use designation the site must be zoned eithe Service-Commercial (C-S) or Manufacturing (M). Zoning regulations state that Commercial Service zonin should be located along arterials and that sites zoned Manufacturing need not be on arterials. Broad is a arterial. The City's draft Airport Area Specific Plan indicates that "Business Park" would be the most appropriate zoning for the site. Because the "Business Park" zoning designation is anticipated, yet no currently in effect, the proposed Planned Development Overlay can be used to ensure conformance wit both interim Commercial Service and anticipated Business Park zoning. CONCLUSION: Not significant. Consistency with general plan polices and zoning regulations is achieved b prezoning the subject property (C-S-PD), Service-Commercial with a Planned Development Overlay . 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 and 5 as shown in the Airport Land Use Plan. The Airport Land Use Commission (ALUC) approved the proposed annexation on January 19, 2000 with recommended conditions for future site development. T ensure conformance, any future development of the project site shall be subject to the following condition of approval as recommended by the Airport Land Use Commission: Mitigation Measure: Future site development approvals shall include the following conditions: • Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. • The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport, the City of San Luis Obispo and the County of San Luis Obispo. • All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan (ie. churches may not be allowed). • Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 5 3-44 Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated • All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraf flights or aircraft operations. Search lights and strobe lights shall be prohibited. 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local populatior 1 x projections? b) Induce substantial growth in an area either directly o x indirectly (e.g. through projects in an undeveloped are: or major infrastructure? c) Displace existing housing, especially affordable x housing? I I T 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 anaverage growth rate of one percent per year. Given the anticipated size of the buildings and their projected uses, the project is not expected t create a significant demand for new housing. Therefore, the project would not induce substantial growt into the area or cause local or regional growth projections to be exceeded. CONCLUSION: Not significant. 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? 11 x b) Seismic ground shaking? 1 x c) Seismic ground failure, including liquefaction? 1 x d) Seiche, tsunami, or volcanic hazard? x e) Landslides or mudflows? 1 x f) Erosion, changes in topography or unstable soil 1 X conditions from excavation, grading, or fill? g) Subsidence of the land? 1 x h) Expansive soils? 1 x i) Unique geologic or physical features? 10 x 6 3-45 Issues and Supporting Information Sources Sources Potentially Potentially Las Than No Significant Significant Significant Impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated Geologic Hazards 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-sit structures. Any structures must be designed in compliance with seismic design criteria established in the Uniform Building Code. A soils engineering report specific to this site will be required with any application for site development. Soils According to the Soil Survey of San Luis Obispo County, the soil underlying the site is classified as Crople Clay (128) with 2 to 9 percent slopes. The soil type has slow to medium permeability and surface runoff with a slight to moderate hazard of water erosion. It also has high shrink-swell potential. The Soil Survey states that this type of soil is suitable for development, but there are moderate constraints that require special design considerations for footings, foundations and roads. The following mitigation measure i recommended to insure that there are no short or long term problems due to the soil underlying the site. Mitigation Measure: A detailed soils engineering report shall be submitted as part of any grading and building permit application The soils report shall include data regarding the nature, distribution and strength of the existing soils conclusions and recommendations for grading procedures and design criteria for corrective measures, whe necessary. Grading and building must be designed and performed in compliance with the soils engineerin report and the City's grading regulations. 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the 1 x rate and amount of surface runoff? b) Exposure of people or property to water related hazards x such as flooding? c) Discharge into surface waters or other alteration of x surface water quality (e.g. temperature, dissolved oxygen or turbidity? d) Changes in the amount of surface water in any water x body? e) Changes in currents, or the course or direction of water x movements? f) Change in the quantity of ground waters, either througf x direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? x h) Impacts to groundwater quality? x i) Substantial reduction in the amount of groundwater x otherwise available for public water supplies? 3-46 Issues and Supporting Information Sources Sources Potenti .,y Potentially Less No Significant Significant Significant Impact Issues ER 80-99, Westpac mitigation Ipact Incorporated Drainage The site is within the east branch sub-area of San Luis Obispo Creek draining the foothills of the Santa Lucia Range westward through Orcutt Road and the Airport area. Historically, the airport area has experience flooding problems due to the flat topography and the upstream flows passing through the natural channel which do no have the capability to handle drainage from the upstream properties. The project site drains to Tank Farm Creek where it then flows to San Luis Obispo Creek (at U.S. Hwy 101/South Higuera) and enters the Pacific Ocean at Avila Beach. Because the existing drainage channels d not have the capacity, any increase in drainage flow (rate and amount) could significantly impact these facilities. Therefore, the proposed project must be designed so it does not increase flooding downstream. Mitigation Measure: The applicant shall provide the Director of Public Works with a detailed hydraulic analysis which indicate how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide desig criteria that meets City standards. The proposed development shall not create a situation which increases the flooding potential downstream. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an x existing or projected air quality violation (Compliance with APCD Environmental Guidelines)? b) Expose sensitive receptors to pollutants x c) Alter air movement, moisture, or temperature, or cause x any change in climate? d) Create objectionable odors? x Short-term Impacts During project construction, there will be increased levels of fugitive dust associated with construction 'anod grading activities, as well as construction emissions associated with heavy duty construction equipment The use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site during the construction period is needed. Compliance with the dust management practice contained in Municipal Code Section 15.04.040 X. (Sec. 7004.(b)) will adequately mitigate these short-term impacts. No further mitigation is necessary. Long-Term Impacts San Luis Obispo County is a non-attainment area for the State ozone and PM10 (fine particulate matter 1 microns or less in diameter) air quality standards. State law requires that emissions of non-attainment pollutants and their precursors be reduced by at least 5% per year until the standards are attained. Th 1995 Clean Air Plan (CAP) for San Luis Obispo County was developed and adopted by the Air Pollution Control District (APCD) to meet that requirement. The CAP is a comprehensive planning document designe to reduce emissions from traditional industrial and commercial sources, as well as from motor vehicle use. Land Use Element Policy 1.18.2 states that the City will help the APCD implement the Clean Air Plan. Motor vehicles account'for about 40% of the precursor emissions responsible for ozone formation, and are also a significant source of PM70. Thus, a major requirement in the CAP is the implementation of transportation control measures designed to reduce motor vehicle trips and miles traveled by local residents. The APCD recommends that site development include the following mitigation measures to encourage transportation alternatives to the single occupant vehicle and make the projectattractive to bicyclists and pedestrians. Mitigation Measure: 8 3-47 A17A<hf - Issues and Supporting Information Sources Sources Potcntially Paten LcssThan No Significant Significant Significant impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated Any future development project shall include: • bicycle parking located close to door openings of all buildings. One bicycle space for every ten ca parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only" to reserve these spaces fo employee carpool participants only. • continued sidewalk along the property providing access to the nearby bus shelter; • outdoor employee rest area to encourage employees to stay on site during the lunch hour; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • shade tree planting in parking lots to reduce evaporative emmissions from parked vehicles; • double paned windows, energy efficient interior lighting, sodium parking lot lights; and increased wall and attic insulation beyond Title 24 requirements. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? x b) Hazards to safety from design features (e.g. sharp x curves or dangerous intersections) or incompatible uses (e.g. farm equipment))? c) Inadequate emergency access or access to nearby x uses? d) Insufficient parking capacity on-site or off-site? 2 x F e) Hazards or barriers for pedestrians or bicyclists? 1 x x f) Conflicts with adopted policies supporting alternative 1 x transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts (e.g. compatibilitN x with San Luis Obispo Co. 9 3-48 Issues and Supporting Information Sources Sources Potentrmty Potentially Less Than o Significant Significant Significant impact ER 80-99, Westpac Issues unless Impact P mitigation Incorporated Traffic and Circulation Access to the site is provided from Broad Street (S.R. 227), Aerovista Drive and Airport Way. The intersection at Aerovista and Broad Street is unsignalized. Broad Street has four travel lanes north of Tan Farm Road and two lanes south of Tank Farm Road. The peak-month average daily traffic (ADT) on Broad Street is 13,000 to 15,000 vehicles near the airport and about 25,000 vehicles north of the airport at the city limits. A 1997/98 traffic analysis concluded that the intersections of Broad Street and Aerovista, Tank Farm and Buckley Roads all currently operate at an acceptable level of service (LOS "D" or better). The proposed project at buildout consists of 175,000 s.f. of office/research and development type use within seven buildings. According to the ITE Trip Generation, sixth edition, a research and development center generates about 8.11 average daily trips (ADT) and 1.08 peak hour trips (PHT) per 1000 s.f. of gross floor area. Based on these trip generation rates, the project will incrementally contribute to an increase i traffic, however, the City's traffic engineer concludes that surrounding area streets can adequate) accommodate the project's anticipated vehicle trips without creating a significant change in the current leve of service of these roadways. The air quality mitigation measures noted in the previous section will help reduce the number of vehicle trips by encouraging alternative modes of transportation. Parking/Circulation Project plans show 536 automobile spaces at buildout. Parking is provided at one space for every 327 s.f. of tenant space. The proposed estimate of required parking is based on a projection of potential uses. Th following mitigation measure is recommended to ensure that the development does not become over-parke and that the site is adequately designed for vehicular and pedestrian circulation: Mitigation Measures: The applicant shall be responsible for providing a running total of the site's parking requirements an allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. To reduce circulation impacts on Broad Street, the driveway on Broad Street shall be eliminated. To encourage pedestrian circulation on-site as well as off-site, the applicant shall provide walkway connecting on-site buildings as well as adjoining properties. 7. -BIOLOGICAL RESOURCES. Would the proposal affect: a) Endangered, threatened or rare species or their habitats 10 x (including but not limited to plants, fish, insects, animals or birds)? b) Locally designated species (e.g. heritage trees)? 10 x c) Locally designated natural communities (e.g. oak forest 1,10 x coastal habitat, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool? 1,10 x e) Wildlife dispersal or migration corridors? 1,10 x The City's Informational Map Atlas indicates there are no sensitive plants or animal species on the site. An environmental initial study (ED89-498) was prepared by the County to address the potential impacts resulting from the development of this property within the County. After completing the initial study and reviewing all the comments received, the County approved a Negative Declaration for the project. As par of the environmental review process, the County determined that the project site was located in a high) disturbed area that does not contain substantial fish or wildlife resources or their habitat. This determinatio allows the applicant to remove a small on-site riparian area in conjunction with a County building permit fo the property. It is assumed the riparian area will be removed prior to annexation. 10 3-49 Issues and Supporting Information Sources Sources Potcntially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated CONCLUSION: Not significant. if the riparian area is still in tact upon annexation, further environmental review will be necessary to address any request for the removal or relocation of the riparian area. B. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? x b) Use non-renewable resources in a wasteful and x inefficient manner? c) Result in the loss of availability of a known mineral x resource that would be of future value to the region and the residents of the State? The Energy Element states that, "New development will be encouraged to minimize the use of conventions energy for space heating and cooling, water heating, and illumination by means of proper design an orientation, including the provision and protection of solar exposure." The City implements energy conservation goals through enforcement of the California Energy Code which establishes energy conservation standards for residential and nonresidential construction. Buildings proposed as part of this project must meet those standards. The City also implements energy conservation goals through architectural review. Project designers are asked to show how a project makes maximum use of passive means of reducing conventional energy demand, as opposed to designing a particular image and relying o mechanical systems to maintain comfort. CONCLUSION: Potentially significant. To be consistent with adopted energy conservation policies and avoi using non-renewable resources in an inefficient manner, the following standard mitigation is recommende for any future site development approved by the City of San Luis Obispo: Mitigation Measure: New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy-efficient lighting systems for both interior and exterior use. If these features are not included or feasible in the design of new buildings, the project architect shal document why they were determined to be infeasible. The Community Development Director shall review this document and make a final decision as to the feasibility of incorporating these energy conservin features. 9. .HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous x substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan x or emergency evacuation plan? c) The creation of any health hazard or potential health x hazard? d) Exposure of people to existing sources of potential x health hazards? e) Increased fire hazard in areas with flammable brush, x grass or trees? CONCLUSION: Not significant. Annexation and the use of the site by large office users not anticipated tc result in the creation or exposure of people to any known health hazards. 10. NOISE. Would the proposal result in: a) Increase in existing noise levels? 1 x b► Exposure of people to "unacceptable' noise levels as 1 x 3-50 G Issues and Supporting Information Sources Sources Poten.._.y Potentially Less Than No Significant Significant Significant Impact ER 80 99, Westpac Issues Unless Impact p mitigation Incorporated defined by the San Luis Obispo General Plan Noise Element? Given the site's proximity to the San Luis Obispo airport, any development of the site (within the County o City) will require construction techniques that will reduce interior noise levels to a maximum 45 dB. Complying noise levels for interior spaces can be achieved through standard building techniques. Any futur development should be designed to allow for the use of indoor as well as outdoor spaces. CONCLUSION: Potentially significant. Mitigation Measure: All outdoor amenities including employee eating and recreation areas shall be located and designed so tha the building placment and distance from noise sources attenuates noise levels. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fre protection? 13 x_ b) Police protection? 13 x c) Schools? x d) Maintenance of public facilities, including roads? 13 x e) Other governmental services? 13 x City and County plans call for this site, which is located within the Airport Area Specific Plan boundaries, t be annexed to the City. Accordingly, the necessary public facilities will be available upon annexation. CONCLUSION: Less than significant. Annexation will not have any significant impact on public services. Comments from various City Departments (attached) indicate what fees, infrastructure, easements and dedications will be necessary to accommodate any future site development. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? x b) Communications systems? x c) Local or regional water treatment or distribution 13 x facilities? d) Sewer or septic tanks? 13 x e) Storm water drainage? x f) Solid waste disposal? x g) Local or regional water supplies? 7, 15 x Water Supply The Utilities Department has reviewed these annexation applications and determined that they are consisten with the Water Management Element and that there is sufficient water available to serve site development. The City of San Luis Obispo obtains its water from a combination of surface and groundwater sources. Adopted safe annual yield from these sources is 7,735 acre-feet per year. The City is pursuing the development of additional water supplies, including the Nacimiento Pipeline Project, the Salinas Reservoi Expansion Project, and the Water Reuse Project. Reuse of treated wastewater for non-potable needs, suc as landscape watering, will reduce demand on potable water supplies. This is likely to be the first additions source developed and is projected to yield roughly 1200 acre-feet per year. Half that amount would be hel in reserve. The other half would be used in place of potable water, thereby increasing the amount of potabl water available for allocation by roughly 600 acre feet per year. 12 3-51 AiT . Issues and Supporting Information Sources sourccs Potentially Potcntially Less Than No Significant Significant Significant Impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated Planning for future water use in the city is based on an average consumption of 145 gallons per day per person or 0.162 acre-feet per person per year, which is somewhat higher than actual consumption during and since the most recent drought. Based on this water use rate and current city population, presen demand is about 6,962 acre-feet per year. This number is recalculated annually using updated population estimates from the California Department of Finance. The difference between safe annual yield and presen demand is 773 acre-feet per year, which is available to serve new development. Half this amount (386 acre- feet) is available for development in annexation areas. Until retrofit of the entire city is essentially complete, all developers are subject to the City's Water Allocation regulations and must retrofit existing facilities with low-flow plumbing fixtures in order to offset twice the expected demand of their development prior to issuance of a building permit. The Utilities Department staff estimates that remaining opportunities for retrofitting could reduce current water use b 500 acre-feet per year. Existing development on site is currently supplied by well water. Upon annexation, the applicant could continue to use well water for landscape irrigation to reduce demand for city water. Connection to Cit water will trigger the establishment of a water allocation. CONCLUSION: Less than significant. Compliance with Water Allocation regulations will ensure water supply availability. ♦ 1.15 Solid Waste Capacity In addition to other requirements for adequate resources and servicesprior to development, the City must determine that adequate solid waste disposal capacity will be available before granting an discretionary land use approval which would increase solid waste generation. CONCLUSION: Potentially significant. Solid waste from this site is delivered to Cold Canyon landfill, which currently has a capacity to accept solid waste for approximately 18.5 years, based on the current rate o disposal and ongoing trends showing a reduction in per capita waste generation. Although annexation o this already developed site will not increase the solid waste stream, measures to reduce solid waste are stil needed to improve compliance with the Integrated Waste Management Act of 1989. Background research for the Integrated Waste Management Act of 1989 (AB939) shows that Californian dispose of roughly 2,500 pounds of waste per person per year. Over 90% of this waste goes to landfills, posing a threat to groundwater, air quality, and public health. Cold Canyon landfill is projected to reach it capacity in the year 2018. The act requires each city and county in California to reduce the flow o materials to landfills by 50% (from 1989 levels) by 2000. As of 1998 (the date for which latest figures are available), San Luis Obispo had reduced its waste stream by 34%. To help reduce the ongoing waste stream, the current operation should include facilities for both interior an exterior recycling. to reduce the unrecycled waste stream generated by the project consistent with th Source Reduction and Recycling Element. To help reduce waste generated by any future site development, a solid waste reduction plan for recycling discarded demolition and construction materials should be submitted with the building permit application. CONCLUSION: Potentially significant without mitigation. Mitigation Measures: 13 3-.52 Issues and Supporting Information Sources Sources Potent,_..y Potentially Less Than NO Significant Significant Significant Impact ER 80-99, Westpac Issues unless Impact P mitigation Incorporated Future site development shall include a solid waste recycling plan for recycling discarded building materials such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. Existing and future site development shall incorporate convenient facilities for interior and exterior on-sit recycling. A description of current recycling efforts and any plans to expand those efforts shall b submitted to the Community Development Department prior to City Council review of the annexation request. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? x b) Have a demonstrable negative aesthetic effect? x c) Create light or glare? x This section of Broad Street is identified in the City's Circulation Element as a "road with high or moderate scenic value". Annexation by itself will have no aesthetic impacts. Further development of the site to b annexed will be subject to architectural review and approval to ensure against negative aesthetic impacts compliance with the City's Scenic Roadways section of the Circulation Element, and compliance with Cit lighting standards. CONCLUSION: Potentially significant. Mitigation Measures: Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height o lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher tha 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways sectio of the Circulation Element. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? x b) Disturb archaeological resources? x c) Affect historical resources? x d) Have the potential to cause a physical change which x would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the x potential impact area? CONCLUSION: Not significant. Annexation by itself will have no impact on cultural resources. Phase 1 report prepared for this property did not reveal the presence of archaeological materials. A literature searc also confirmed that the, site does not have any previously recorded archaeological finds. Therefore, n further archaeological study is required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks x or other recreational facilities? b) Affect existing recreational opportunities? x Not applicable. 16. MANDATORY FINDINGS OF SIGNIFICANCE. 14 3-53 Issues and Supporting Information Sources Sources Potentially Potentially Less Than o Significant Significant Significant Impact Issues Unless Impact ER 80-99, Westpac mitigation Incorporated a) Does the project have the potential to degrade the x quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Without mitigation, the project could have the potential to have adverse impacts on all of the issue area checked in the table on page 3. Any future development of the project site is subject to California Environmental Quality Act requirements for further environmental review. . b) Does the project have the potential to achieve short- x term, to the disadvantage of long-term, environmental goals? Short-term and long-term goals are the same. c) Does the project have impacts that are individually x limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) The annexation will not result in any potentially significant impacts to the environment. However, eac annexation and development project is subject to environmental review and compliance with adopte policies related to growth management and resource availability d) Does the project have environmental effects which will x cause substantial adverse effects on human beings, either directly or indirectly? With incorporation of mitigation measures, the project will not result in substantial adverse impacts on humans. ,5 3-54 ATv�C,4-j 17. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one c more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (c (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. This initial study uses information from Negative Declarations ER 12-97, ER 70-97, ER 176-98 and ER 155- 97 prepared for the airport annexation in 1997. These documents are available for review at the Community Development Department at 990 Palm Street. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scop of and adequately analyzed in an earlier document pursuant to applicable legal standards, and stat whether such effects were addressed by mitigation measures based on the earlier analysis. NA c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describ- the mitigation measures which were incorporated or refined from the earlier document and the extent t which they address site-specific conditions of the project. NA Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990). 18. SOURCE REFERENCES 1. City of San Luis ObisQo General Plan: Land Use, Circulation, Noise, Energy, Open Space, Seismic Safety, Water and Wastewater Management Elements 2. City of San Luis Obispo Zoning Regulations 3. 4. Trip Generation, Institute of Transportation Engineers, 6" Edition, Volume 2. 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 Archaeological Resource Preservation Guidelines 8. SLO County Airport Land Use Plan 9. Flood Insurance Rate Map (Community Panel 060310 0005 C) dated July 7, 1981. 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. APCD's "CEQA Air Quality Handbook", August 1995. 13. City Department and other agency comments 14. 15. 3-55 AnAt' M MITIGATION MEASURES/MONITORING PROGRAM ER 80-99- Westpac Note: Compliance with these requirements shall be monitored through the review of detailed plans for architectural review and building permit process primarily by the Community Development staff. 1 . Future site development approvals shall include the following conditions: • Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. • The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport, the City of San Luis Obispo and the County of San Luis Obispo. • All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land. Use Plan (ie. churches may not be allowed). • Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 2. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search lights and strobe lights shall be prohibited. 3. A detailed soils engineering report shall be submitted as part of any grading and building permit application. The soils report shall include data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. 4. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis which indicates how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide design criteria that meets City standards. The proposed development shall not create a situation which increases the flooding potential downstream. 5. Any future development project shall include: • bicycle parking located close to door openings of all buildings. One bicycle space for every ten car parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only" to reserve these spaces for employee carpool participants only. 17 3-56 �irAt�r't l • continued sidewalk along the property providing access to the nearby bus shelter; • outdoor employee rest area to encourage employees to stay on site during the lunch hour; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • shade tree planting in parking lots to reduce evaporative emmissions from parked vehicles; • double paned windows, energy efficient interior lighting, sodium parking lot lights; and increased wall and attic insulation beyond Title 24 requirements. 6. The applicant shall be responsible for providing a running total of the site's parking requirements and allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. 7. To reduce circulation impacts on Broad Street, the driveway on Broad Street shall be eliminated. 8. To encourage pedestrian circulation on-site as well as off-site, the applicant shall provide walkways connecting on-site buildings as well as adjoining properties. 9. New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy-efficient lighting systems for both interior and exterior use. 10.If these features are not included or feasible in the design of new buildings, the project architect shall document why they were determined to be infeasible. The Community Development Director shall review this document and make a final decision as to the feasibility of incorporating these energy conserving features. 11 . All outdoor amenities including employee eating and recreation areas shall be located and designed so that the building placment and distance from noise sources attenuates noise levels. 12. Future site development shall include a solid waste recycling plan for recycling discarded building materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. 13. Existing and future site development shall incorporate convenient facilities for interior and exterior on-site recycling. A description of current recycling efforts and any plans to expand those efforts shall be submitted to the Community Development Department prior to City Council review of the annexation request. 18 3-57 14. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 15. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways section of the Circulation Element. 19 3-58 Attachment 8 SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5921-00 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Council Chamber of City Hall,.990 Palm Street, San Luis Obispo, California, on June 14, 2000, pursuant to a proceeding instituted under application ANNX, PD, and ER 80-99; WestPac Investments, applicant. ITEM REVIEWED: Request to annex approximately 10 acres, prezone the property to Service- Commercial, Planned Development (C-S-PD), and environmental review DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 4451 Broad Street WHEREAS, said Commission as a result of its inspections, investigations, and studies made by itself, and in behalf of testimonies offered at said hearing has established existence of the following circumstances: Findings 1. The project's initial study (ER 80-99) adequately evaluates and mitigates the potential adverse impacts to the environment resulting from the annexation and prezoning. 2. The annexation is appropriate since the site is contiguous to the City on two sides and within the City's urban reserve line.. 3. The annexation is a logical addition to the City due to its location in relation to existing urban development and city services. 4. As indicated in the above analysis, the annexation, prezoning and development plan are consistent with the City's General Plan. 5. Prezoning the site C-S-PD is consistent with the intended uses and locations of C-S zoned properties as described in the City's zoning regulations. 3_59 AT?��. g Resolution No5921-00 Page 2 6. Features of the project design (including the preservation of the rock outcropping, the placement of buildings against the street and the provision of open space plazas) achieve the intent of conventional standards as well as or better than the standards themselves. 7. . A Negative Declaration was prepared by the Community Development Department on June 2, 2000, which describes significant environmental impacts associated with project development. The Negative Declaration concludes that the project will not have a significant adverse impact on the environment subject to the mitigation measures shown in the attached initial study ER 80-99 being incorporated into the project. 8. The Planned Development provides exceptional public benefit by complying with the proposed Business Park standards, which will result in a project more attractive to the public than one meeting only the conventional Service Commercial development standards. 9. The project will be compatible with existing and allowed land uses in the area. 10. The project's location or access arrangement do not significantly direct traffic to use local or collector streets in residential zones. 11. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing. 12. The project does not preclude industrial or service-commercial uses in areas especially suited for such uses when compared with offices. 13. The project does not create a shortage of C-S and M zoned land available for service-commercial or industrial development. NOW, THEREFORE, BE IT RESOLVED, that ANNX, PD and ER 80-99 be approved, subject to the following conditions and code requirements: Conditions 1. Future site development approvals shall include the following conditions: • Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. 3-60 art . g Resolution No5921-00 Page 3 • The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport, the City of San Luis Obispo and the County of San Luis Obispo. • All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan (ie. churches may not be allowed). • Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 2. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search lights and strobe lights shall be prohibited. 3. A detailed soils engineering report shall be submitted as part of any grading and building permit application. The soils report shall include data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. 4. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis which indicates how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide design criteria that meets City standards. The proposed development shall not create a situation that increases the flooding potential downstream. 5. Any future development project shall include: • Bicycle parking located close to door openings of all buildings. One bicycle space for every ten car parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only" to reserve these spaces for employee carpool'participants only. • Continued sidewalk along the property providing access to the nearby bus shelter; • Outdoor employee rest area to encourage employees to stay on site during the lunch hour; • Extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • Shade tree planting in parking lots to reduce evaporative emissions from parked vehicles; • Double paned windows, energy efficient interior lighting, sodium parking lot lights; and 3-61 �-rCa-ctt S Resolution No5921-00 Page 4 • Increased wall and attic insulation beyond Title 24 requirements. 6. The applicant shall be responsible for providing a running total of the site's parking requirements and allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. 7. To encourage pedestrian circulation on-site as well as off-site, the applicant shall provide walkways connecting on-site buildings as well as adjoining properties. 8. New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operablewindows to maximize natural ventilation. • Energy-efficient lighting systems for both interior and exterior use. 9. If these features are not included or feasible in the design of new buildings, the project architect shall document why they were determined to be infeasible. The Community Development Director shall review this document and make a final decision as to the feasibility of incorporating these energy-conserving features. 10. All outdoor amenities including employee eating and recreation areas shall be located and designed so that the building placement and distance from noise sources attenuates noise levels. 11. Future site development shall include a solid waste recycling plan for recycling discarded building materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. 12. Existing and future site development shall incorporate convenient facilities for interior and exterior on-site recycling. A description of current recycling efforts and any plans to expand those efforts shall be submitted to the Community Development Department prior to City Council review of the annexation request. 13. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 14. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways section of the Circulation Element. 3-62 Resolution No5921-00 Page 5 15_ Site and building modifications shall be made as necessary so that the Planned Development complies with all City codes and policies including the Airport Area Specific Plan and the City's Parking and Driveway standards. 16. Architectural Review Commission approval shall be received prior to Final Development Plan approval. 17. Allowed uses shall comply with the attached list of PD 80-99 Planning Commission recommended uses. 18.The final development plan shall provide bicycle parking and storage facilities as required by the City's Zoning Regulations. 19. A lot-line adjustment is required prior to issuance of any building permits, if permits are issued prior to filing a new subdivision map. 20. The Broad Street driveway access must be eliminated or used exclusively for emergency vehicle access (if required by the Fire Marshal). 21.If the study identifies on-site areas subject to 100-yr storm flooding, 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. 22.The developer shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the Director of Public Works. The design of said lighting systems shall be coordinated by the developer between the City and PG&E so as to minimize the amount of City-owned conduit and wiring system, to the satisfaction of the Director of Public Works. 23. Buildings cannot be built across a property line. At a minimum, parcels 2 and 3 shall be combined. Walls at buildings G, F, and single story storage building adjacent to property lines shall be fire-resistive construction with no openings permitted. 24. Sidewalks Along Broad Street: (existing c,g and sw) 25. Bicycle Parking: Both long- and short-term bicycle parking shall be provided as required by Section 17.16.060, Table 6.5 of the Zoning Regulations. The location of short-term parking (bicycle racks) shall be as stipulated by the Bicycle Transportation Plan (1993) — generally close to the main public entrances to the proposed buildings. 3-63 Resolution No5921-00 Page 6 26. Property lines beneath buildings must be eliminated prior to building permit issuance. Buildings must comply with UBC requirements for fire ratings in relation to property lines. As proposed several buildings are located along a property line. The UBC does not allow openings along property lines,which means no windows or doors. 27. An accessible path of travel between individual buildings is required. 28. The applicant shall contribute to the cost of providing open space and preparing the Airport Area Specific Plan and constructing area-wide infrastructure improvements, according to the cost-sharing plan maintained by the City, with the fee amount reflecting the City's acceptance of a complete annexation application. This criterion will be met by the applicant signing a pre-annexation agreement before the application is considered by the City Council, and paying the fees or providing a letter of credit before annexation is approved. 29. The applicant shall coordinate with the City and the County on all frontage improvements. Aero Vista Drive is a public street and Airport Drive is a private street owned by San Luis Obispo County. 30. The use matrix shall be revised to add a #5 footnote to Ticket or Travel Agencies and delete Temporary Sales. Code Requirements 1. Street trees shall be planted per City Standards (Quercus agrifolia, Metrosderos tomentosas, Chinese pistache and Deodar cedar), to the satisfaction of the City Arborist. 2. Traffic impact fees shall be paid prior to the issuance of a building permit. 3. 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. Permits 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. 4. A water allocation is required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of$150 per bathroom 3tr@4ed. Resolution No5921-00 Page 7 5. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the size of the water meter serving each parcel. 6. Depending on the proposed uses at the site, industrial waste/wastewater pretreatment requirements may apply. The project shall be coordinated with the City's Industrial Waste Coordinator, Dale Karnes, who can be reached at 781-7425. 7. Each parcel is to have its own separate water and wastewater service laterals. 8. The applicant shall be required to install a sewer and water mains up to and along the property's frontage to any public right-of-way. The size of the mains shall be determined by the Utilities Department, with the City paying for the difference in cost due to up-sizing of the line beyond what is needed to serve the development. Water and wastewater facilities are currently being pursued by another developer, to extend service beyond this project to Aero Drive. A cooperative approach to installing these facilities is recommended. Otherwise, reimbursement agreements can be developed, that would provide for others to pay their appropriate share of cost to the party first installing the water and sewer facilities. 9. The project does not appear to include a well. If a well exists, or if the project is expected to include a well, additional requirements will apply. 10. The project shall comply with all City Fire code requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend to the City Council, approval of the proposal. The foregoing resolution was approved by the Planning Commission of the City of San Luis Obispo on motion by Commr. Aiken, seconded by Commr. Osborne, and on a separate roll call vote: AYE S: Commrs. Aiken, Whittlesey, Ready, Peterson, Loh and Osborne NOES: None ABSENT: Commr. Cooper Arnold B. Jonas, Secretary Planning Commission Dated: June 14, 2000 3-65 ----- 1, 1= ................12 •gyp.:......- t........... 11;..�........� - No .: V. ►�,��i,qr/' :SII; _ a. 10 �.a 111 r� r� / 9yyy,,,ttt /r 1111 1■1® I ® h .11110 I' L € `wad It■ `! ,I,:� wit 1o1 _ 1ElWI NEI Rini I� KBiNMI lal in II m IhJ1� _ 1 ,,;i lY 1111113 = 1 l AM a i� ■1®Elm r .1�1 1t■ Nis i1s1® -� I 1 AAat• � West Aeroloop Construction Schedule Phase I Parcel &3 May 2000—Begin Construction May 2001 —Complete Construction Phase II Parcel 1 August 2001—Begin Construction August 2002— Complete Construction Phase III Parcel September 2002—Begin Construction September 2003—Complete Construction Westpac Hawaii,LI Ho- Hf Weave Shelter G Smrtn Hm6v4 G Westpac Propettie: cfenmk.+z Westpac Investments,Inc. 1880 Santa Barbara Street,Suite F San Luis Obispo,CA 93401 805544-7343•FAX 805x544-n77 3-68 Wf'S� Statement of Objectives Aeroloop will be a phased commercial development that will accommodate office users such as large communication business,computer companies,engineers,architects,etc. A portion of Phase I will also comprise of approximately 78,000 sq/ft of mini-storage Aeroloop is currently four separate legal parcels which we anticipate developing on a phase by phase basis. Phase I will consist of parcels 2 and 3. Phase U will be on parcel I. Phase four will finish with parcel 4. We anticipate each phase taking approximately 12 months to complete. Build Out of the Aeroloop Business Park is expected to take three to four years. WcttPw Hawaii,L Boudahy B! WcstPw Shelter C' MZBmemq Gt WesiPac P�opertie Clrndale,� MAP=Investments,Inc. 1880 Santa Barbara Sweet,Suite F San Luz Obispo,CA 94401 805/5447343•FAX:BO&U4-U77 3-69 ATTACH wesffiamc.. Planned Development Aerolcop is currently located n the county of San Luis Obispo,zoned C-S. Aeroloop LLC,the owner,is making a formal application to the city of San Luis Obispo to annex the four parcels described herein and that comprises of approximately 10 acres. We are requesting that the city of San Luis Obispo grant an application for annexation and zone this land C-S with a PD overlay for the immediate future. Once the specific plan for the airport area has been finalized we would request that the land convert to Business Park Aeroloop Business Park will be phased commercial development comprising of commercial office space and mini storage. It will incorporate such amenities as walking paths,rest areas,picnic areas,atriums and lush landscaping. Each building will be no more than 2 stories in height and the overall project will be parked 1-300. We believe the application has merit as adjacent properties have already been annexed into the city are confident that this business park will fulfill a need in the San Luis Obispo business community. WestPac Hawaii,W Honah*N Westpac Shelter G 5=1dBobo%CA WestPw Pmpertix crude,,Az Westpac Investrnents,Inc. 1860 Sarda Barbara Street,Suite F San Lms Obispo,CA 93401 8054544-7348•FAX 8MU441r 3-70 Wesc Sale and/or Lease of Commercial Property AeroVista and Highway 227 Aeroloop will be constructed in three stages. The first stage will be a combination of commercial office space approximately 45,000 square feet which will be leased or sold to various commercial entities and approximately 78,000 sq/ft of mini storage which will be held and managed by Aeroloop LLC. Phase II will be a 50,000 sq/ft commercial office building that will be maintained and leased to various tenants. The third phase will comprise of smaller office buildings totaling approximately 25,000 sq/ft and also maintained and leased to various tenants. Westpac Hawaii,LI - Hoao6i8`,Hl WestPac Shelter G smug Bmema.ca WestPac Propertie: IXmdak AZ Westpac lmesttttent.%Inc. 1880 Santa Bubara Street,Suite F San Luis Obispo,CA 93401 805344-7345•FAX 80WU4-U77 3-71 Wesffacl Information on Adjacent Land Area Use The surrounding area houses the same type of commercial development that is proposed in this application. The property is encompassed by Highway 227 on the Northeast and directly across this road is Warehousing and other commercial development. Southwest lies the San Luis County Airport and other commercial development. Aerovista Place lies to the west and various commercial facilities are located in the immediate area: FED EX, Sansone Construction,Jaguars Unlimited,and other commercial entities. Airport Way lies Southeast and undeveloped agricultural land is located in this area. Westpac Hawaii,IJ HOW&&&lB Westpac Shelter 0 SMVa Bmbmq G Weg?w Ptopertie GLAdak AZ WestPac Investments,Inc. 1989 Santa Barbara Street,Suite F San L is Obispo,CA99401 805/5447949•FAX 8U�1177 3-72 1232.100 Procedures for naming andorM1T I O 12.32.110 renaming streets. A. New Streets.Streets to be created by a land division must be named by the developer and 4. Formal Designation; Wheri -t-hcl:sommis- approved by the community department,during sion adopts a street narrie,'the name must be the review and approval ofthe tentative and final entered in the commission's minutes. After that subdivision maps. the street must be known by that name. B. Initiation.The council,planning commis- E. Appeal. The planning commission's deci- sion, community development department, or sion may be appealed to the council by anyone, owner of adjoining property may initiate the according to Chapter 1.20. naming or renaming of an existing street.A non- F. Notification After Change. After a street refundable application fee, established by the name is adopted, the community development council,will be charged a property owner initiat- department must notify all the appropriate pub- ing the process. lic agencies and the property owners and tenants C. Application and Petition. The initiating along the affected street. (Ord. 919 § 1 (part), party must file a completed street name applica- 1982: prior code§9958) tion and street name petition with the commu- nity development department. 1232.110 Street name criteria. 1. When a naming or renaming is initiated by Street names adopted after the effective date of a property owner,the petition must be signed by the ordinance codified in this chapter must meet owners or tenants representing at least two-thirds the following criteria: of the parcels, dwelling units or businesses A. Street names must be pleasant sounding located along the affected street segment. and grammatically correct. 2. When a naming or renaming is initiated by B. Street names must be easy to spell, pro- the council, planning commission or commu- nounce and read so the public, especially chil- nity development department,the petition need dren, can say the name correctly in an be signed only by an authorized representative of emergency. the initiating party. C. Street names must include an appropriate D. Public Hearing Procedure. classification such as "street," "way," "lane," 1. Scheduling. When it receives a completed etc.,to be determined by the community devel- application and petition, the community devel- opment department. opment department must schedule a public D. Streets must not be named after a living hearing before the planning commission. person,except they may be named after a family 2. Notice.At least ten days before the hearing, prominent in local history even if family mem- notice of it must be posted in at least three public bers are alive. places along the affected street segment. All E. Streets in the 911 emergency-response area owners of property along the segment must be must not have duplicate or similar sounding notified by first-class mail at least ten days before names. the hearing. F. Street names must have fewer than fifteen 3. Action.At the public hearing,the planning characters, including letters, punctuation and commission must hear and consider all name spaces,but not including the street classification. proposals and objections. If at the end of the G. A continuous street,or one proposed to be hearing the commission finds that one or more of continuous, must have the same name through- these names satisfy the requirements of these out its length. regulations, it must adopt a name selected from H. Two street segments that don't form a con- those proposed for the street. The commission tinuous street,and aren't proposed to form one. may also assess the applicant reasonable costs for must have different names. (Ord. 919 § 1 (part), changing maps and replacing or installing signs. 1982: prior code§9959) 255 3-73 Attachment 11 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401-3249 APN: 076-401-038 PRE-ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND AEROLOOP,LLC This annexation agreement is made and entered into this 7 day of 1999,1999, 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 Aeroloop, LLC, located at 1880 Santa Barbara Street Suite "F", San Luis Obispo, CA 93401 (hereinafter referred to as "OWNERS',pursuant to the authority of the City Charter and Section 56000, et Seq., of the California Government Code. CITY and OWNERS shall hereinafter be referred to collectively as"PARTIES." RECITALS WHEREAS, Aeroloop, LLC are the owners in fee of certam real property in the County of San Luis Obispo, described as Parcel 2 of Parcel Map COAL-90-130 in the County of San Luis Obispo, APN #076-401-038, 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.);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: 3-74 Water Service. CITY agrees to provide water service, as available, for fire fighting and domestic purposes to the subject property upon request of OWNERS, subject to the same laws, rules, regulations, and fees applicable to other new users in the City under similar circumstances, including but not limited to retrofit requirements. Use of on-site ground water or other sources for potable or non-potable uses may continue for existing development,provided they continue to meet County Health Department standards. Use of groundwater for new development will comply with applicable City policies. In the event of abandonment or failure of well(s), OWNERS 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 OWNERS 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 OWNERS, subject to the same laws, rules, regulations, and fees applicable to other new users in the city under similar circumstances. 2. SPECIFIC PLAN AND AREA WIDE PLANNING AND INFRASTRUCTURE FEES. Airport Area Specific Plan and Infrastructure Fee. This $15,538.00 per acre fee (interim fee) is the estimated apportioned cost of area wide planning and construction of within the Airport Annexation Area (including specific plan preparation, water and sewer system improvements, circulation system improvements, and storm dram system improvements). OWNERS hereby agree to contribute$181,642.66, based upon the size of the OWNERS' lot- 10.07 acres. Such payment shall be paid in fiA or secured by a letter of credit, prior to final Council action on the subject 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. OWNERS may elect to pay this fee at anytime 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 improvements fee(Finalized Fee), form an assessment district or similar fimdmg mechanism (District), or implement some combination of these two approaches, in order to finance these planing 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 OWNERS choose 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 finding the airport area specific plan and infrastructure improvements instead of 3-75 II (or in combination with) a Finalized Fee, OWNERS and their 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. OWNERS agree to contribute $25,175.00 based upon the size of the OWNERS' lot-10.07acres, prior to final Council action on annexation. 4. COMPLIANCE WITH CITY STANDARDS. Once annexed, the property will be subject to the same rules, regulations, laws, fees, and taxes that would be applied to other properties, residences, businesses, and customers in the City under similar circumstances including, but not limited to Building Code, Fire Code, Zoning Regulations, environmental regulations (California Environmental Quality Act), fees, taxes (including business taxes and utility user taxes)and other provisions of the Municipal Code and State laws. 5. PROPERTY IMPROVEMENTS. At the time of future development or redevelopment, it shall be the responsibility of the OWNERS 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 annexation. The agreement shall remain in effect until modified or terminated by mutual consent of the PAR'T'IES. 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 successors, heirs, assigns, and personal representatives ofthe PARTIES. S. 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. 3-76 IN WITNESS WI-IEREOF,this agreement is executed on the date above stated at San Luis Obispo, California. ALL SIGNATURES MUST BE NOTARIZED. OWNERS AEROLOOP, LLC BY: Patrick d . Smith BY: AI CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation BY: Mayor Allen Settle ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Jeff Jorgensen 3-77 STATE OF // ) ss. COUNTY OF 5g Al !__al's .J' On �Gf�L�ST�1 / %, before me, Notary Public, personally appeared personally known to me (or---proved... to.-.-ane on the basis--of sat-isfaetory -evidence) to be the persons) whose name( is/are subscribed to the within instrument and acknowledged to me that he/=he/t'_'^; executed the same in his/_-;tL=ir authorized capacity(les) , and that by his/he '��:sir signature.(-S) on the instrument the persons} or the entity upon behalf of which the person-(s) acted, executed the instrument. LYNDA THORSTROM WITNESS my hand and ,fficial seal. h9mr-ammWian# 1183786 ME tVotmy P"C-card San las Obispo County Signature of Notary STATE OF CALIFORNIA ) ss. COUNTY OF SANTA BARBARA ) On August 11, 1999 , before me, HUORA L. WILLIAPIS , Notary Public, personally appeared ALEX N. PANANIDES , personally known to me (MCXXp=QdXX=XXNKXXXXX X)bg%i,�XXXM ffi�1 �y, to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. • HUORA L WILLIAMS n COMM A 1154334 ALIFOROMA L////�/��+lll �•, SANTA BARBARA COUMY Nly Comm.Exp.Oct.2 2001 Signature of Notary 3-78 Re: Pre-Annexation/SLO/AEROLOOP,LLC LEGAL DESCIU17ION Parcel 2 of Parcel Map COAL 90-130, in the County of San Luis Obispo, State of California, according to map filed in Book 48, Page 1 of Parcel Maps in the Office of the County Recorder of said County, said parcel being described as follows: Beginning at the most easterly corner of said Parcel 2, said corner also being the most northerly comer of Parcel 3 of Parcel Map CO 85-243 according to map filed in Book 48, Page 35 of Parcel Maps in the Office of the County Recorder of said county, said corner also lying on the southwesterly right of way of State Highway 227, said comer also being the most northerly corner of Annexation No. 52 to the City of San Luis Obispo, said comer also lying on the southwesterly line of Annexation No. 53 to said City; Thence along said right of way and said City boundary north 36°09'00" west 374.87 feet to the most northerly comer of said Parcel 2; Thence along the northwesterly line of said Parcel 2 south 56°26'06" west 789.47 feet to the beginning of a curve concave to the southeast having a radius of 800.00 feet; Thence southwesterly along said northwesterly line 324.48 feet along said curve through a central angle of 23°14'22" to the beginning of a curve concave to the southeast having a radius of 60.00 feet; Thence southerly along said northwesterly line 40.84 feet along said curve through a central angle of 39°00'00" to the most westerly comer of said Parcel 2; Thence along the southwest line of said Parcel 2 south 65048115" east 442.04 feet to the most southerly comer of said Parcel 2, said comer also being the most westerly comer of Parcel 1 of said Parcel Map CO 85-243, said comer also being the most westerly corner of said Annexation No. 52; Thence along the line common to said Parcel 2, last said Parcel Map, and the northwesterly line of said Annexation No. 52 north 50°4343" east 920.21 feet to the Point of Beginning. END DESCRIPTION B S WAS Q � Uy � 990 O to F o2 No. 6192 A� OF CP='� 3-79