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G&S/ 1076-052
May 6, 2025
Via Email: [email protected]
Carol Ziesenhenne
Planning Division
City of Santa Maria
110 S. Pine Street, Room 101
Santa Maria, CA 93458
Re: 226 East Main Street
Downtown Permit No. DT2023-0012
Hearing Date: May 6, 2025
Dear Ms. Ziesenhenne,
As you may recall, this office represents Shasta 2020, LP, regarding the project referenced above (the “Project”). We have reviewed the Staff Report and draft Conditions of Approval and respectfully request that the Planning Commission recommend approval the Project, but revise the Conditions of Approval as detailed below.
Conditioning Project Approval on Installation of a Bus Stop Results in an Unconstitutional Taking.
There is no rational relationship between Condition No. 43, Bus Stop on Miller Street, and the Project. Such a condition of approval would result in an unconstitutional taking because of the requirements of the essential “nexus” and “rough proportionality” tests formulated by the United States Supreme Court in Nollan v. California Coastal Commission (1987) 483 U.S. 825 and Dolan v. City of Tigard (1994) 512 U.S. 374 are not met. Specifically, it is unlawful for the City to require conditions of approval in the absence of impacts and a required nexus. In order to meet constitutional requirements, (1) there must be a nexus between the development and the condition, and (2) there must be “rough proportionality” between the nature and extent of the dedication or condition and the impact of the proposed development. This test is premised on the notion that a constitutional right – the right to be free from takings – cannot be impermissibly burdened such that parties are coerced into giving them up.
Carol Ziesenhenne
May 6, 2025
Here, the staff recommendation that the Project be conditioned on the Applicant’s installation of a bus stop is not based on any evidence of Project impacts and there is no rough proportionality between the proposed condition of approval and the Project. There is no change of use of the Project site, and the Project consists of tenant improvements to existing retail space. The proposed condition of approval is entirely arbitrary and unconstitutional under the Nollan and Dolan tests.
Despite the clear unconstitutionality of this proposed Condition of Approval, the Applicant will agree to pay an in-lieu fee of $20,000, for the City’s use in installing the bus stop as it deems necessary.
Condition of Approval Nos. 8 and 11 Conflict with the COREA.
As relevant here, the COREA specifically provides:
“Agency and/or City at its sole cost and expense shall maintain all Common Area (other than the Enclosed Mall) and all improvements of such Common Area in accordance with its intended use … and shall keep the same in good condition and repair, clean and free of rubbish, debris or other hazards to persons using such areas. Such maintenance shall include without limitation: [¶] (a) Care and replacement of all shrubbery [and] planting…”
Despite this clear mandate in the controlling recorded documents, the proposed Conditions of Approval attempt to impose Common Area maintenance requirements on the Applicant.
Condition of Approval No. 11 requires that the Applicant develop landscape and tree maintenance standards to be reviewed and approved by the Planning Division and provided to a landscape contractor hired to work on the site. Condition No. 11 must be deleted.
Similarly, Condition No. 8 fails to acknowledge the City’s responsibility for the on-site, off-street parking area and access under the COREA. Condition No. 8 must likewise be deleted.
Conclusion.
The Project is entirely consistent with the Downtown Specific Plan and will be a great asset to the community. We respectfully request that the Commission recommend approval of the Project, with the proposed Conditions of Approval revised as discussed herein.
Carol Ziesenhenne
May 6, 2025
Thank you for your time and consideration of this matter. As always, please do not hesitate to contact me at any time with any questions or comments that you may have.
S i n c e r e l y ,
GAINES & STACEY LLP
Alicia B. Bartley
By
ALICIA B. BARTLEY