HomeMy WebLinkAbout10179-10181RESOLUTION NO. 10181 (20.10 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING AN UPDATED
HOUSING ELEMENT OF THE GENERAL PLAN
WHEREAS, State law requires cities and counties to adopt a general plan. The general
plan includes seven required elements, one of which is the housing element. The housing
element must be updated every five (5) years or as otherwise provided by State law; and
WHEREAS, the City of San Luis Obispo has prepared an updated Draft General Plan
Housing Element to address community wide housing needs, challenges and opportunities, and
to meet State law; and
WHEREAS, the Planning Commission and the City Council have held public hearings
on the updated Housing Element in accordance with the California Government Code; and
WHEREAS, the City Council has considered the input of diverse community interests
and housing stakeholders in the preparation of the updated Housing Element to identify
community needs and to recommend housing policies and programs; and
WHEREAS, the potential environmental impacts of the updated Housing Element have
been evaluated in accordance with the California Environmental Quality Act pursuant to an
initial environmental study (City File Number ER 120 -08), and the Community Development
Director has granted a negative declaration of environmental impact; and
WHEREAS, the Planning Commission recommends the City Council approve the
negative declaration of environmental impact and the updated Housing Element;
WHEREAS, by a separate resolution the City Council found that there is no evidence
from which it can be fairly argued that the project will have a significant, adverse effect on the
environment, and consequently certified and approved the negative declaration of environmental
impact for the Updated Housing Element; and
WHEREAS, the City Council has reviewed the changes to the January 2010 adopted
Housing Element requested by the State Department of Housing and Community Development
(HCD) and found that there are only minor changes to the supporting documentation and no
changes recommended to any policies or programs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Record of Proceedings. The City Council has received and considered the
Planning Commission recommendations, public testimony and correspondence, HCD
recommendations, and the staff reports on the Housing Element Update. Copies of these items
or testimony are on file in the office of the City Clerk and in the Community Development
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Department. The Planning Commission held seven public hearings to consider the Housing
Element Update and related matters. The Human Relations Commission held two public hearings
and the Airport Land Use Commission held one public hearing to consider the Housing Element
Update and related matters. In addition, staff conducted three public workshops and attended
numerous meetings with stakeholder groups to consider the Update and related matters. The
minutes of those hearings indicate Commission member comments on the Housing Element
Update and are on file in the office of the City Clerk.
SECTION 2. Public and Agency Review. Drafts of the proposed Housing Element
Update have been made widely available for review and comment by interested agencies and
individuals. Copies were posted on the City's website and were distributed to the San Luis
Obispo City-County Library and to the California State Department of Housing and Community
Development ( "HCD ") as required by law, and to governmental and non -profit housing agencies
whose jurisdiction includes housing issues within the San Luis Obispo Area. An email list of
interested parties has been kept abreast of hearings, proposed changes and updates to the Housing
Element in addition to distribution required by law.
SECTION 3. Findings. This Council, after considering the April 2010 Housing
Element, the Planning Commission's recommendations, staff recommendations, public
testimony and correspondence, and reports thereon, makes the following findings:
1. The Housing Element Update, as contained in the document titled "Council Hearing
Draft General Plan Housing Element ", dated April 2010, Exhibit "A" on file in the
Community Development Department (hereinafter "the Update "), is consistent with all
elements of the General Plan.
2. The Update will promote public health, safety, and welfare by: preserving housing that is
affordable to extremely -low, very-low, low and moderate income households; encouraging
variety in housing types, sizes, cost, and tenure; establishing programs to ensure that most
new development incorporates affordable housing, pays an "in- lieu" fee toward the
development of affordable housing, or otherwise contributes to the production of affordable
housing; establishing incentives to encourage and help defray the costs of affordable housing
development; affirmatively furthering fair housing opportunities; and by setting quantified
objectives for housing production, rehabilitation, preservation and conservation.
3. Consistent with provisions of California Government Code Section 65583 (b)(2), San
Luis Obispo has evaluated its ability to accommodate its Regional Housing Need Allocation
(RHNA) number of 1,589 dwellings by July 2014 and has adopted quantified objectives that
are the same as the RHNA number. There is sufficient land suitable for residential
development to accommodate the RHNA number within the planning period.
4. The April 2010 Draft Housing Element was submitted to HCD for its review, as required
by State law. The Update includes additional information and analysis in response to HCD
comments. The Council has determined that the Update conforms to the statutory
requirements of State housing element law (Article 10.6 of Government Code).
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Resolution No. 10181 (2010 series)
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5. Council hereby finds that the Update will not operate to directly limit the total number of
dwellings which may be constructed on an annual basis, since dwellings affordable to
extremely -low, very-low, low -, and moderate income households, and dwellings constructed
in the Downtown Core (C -D Zone), are exempt from Residential Growth Management
Regulations.
SECTION 4. Approval of the 2010 Housing Element. Council hereby approves the
2010 Housing Element, as set forth in Exhibit A.
SECTION 5. Publication and Availability. The Community Development Director shall
cause the updated Housing Element to be published and provided to City officials, concerned
agencies, public libraries, and to the public. The Director shall also transmit a copy of the
Update to HCD for its final review, as required by State law.
SECTION 6. Effective Date. The 2010 Housing Element shall become effective
immediately upon adoption of this resolution.
SECTION 7. Repeal of Previous Element. The Housing Element adopted March 30,
2004 and as subsequently amended, is repealed upon the effective date of the 2010 Housing
Element.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES:
Council Members Ashbaugh, Marx and Settle, and Vice Mayor Carter
NOES:
None
ABSENT:
Mayor Romero
The foregoing resolution was adopted this 1 st day of June 2010.
Mayor • F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS T ORM:
Christine Dietrick
City Attorney
RESOLUTION NO. 10180 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC
IMPROVEMENTS FOR THE CREEKSTON FRONTAGE PORTION AT 791 ORCUTT
(M07 -009) FOR TRACT 2707 (953 ORCUTT ROAD)
WHEREAS, the City Council made certain findings concerning Tract 2707, as
prescribed in Resolution No. 9748 (2005 Series); and
WHEREAS, the City Council approved the final map for Tract 2707 per Resolution
No. 9928 (2007 Series); and
WHEREAS, the subdivider has satisfactorily completed the portion of public
improvements known as the Creekston frontage (M07 -009, 791 Orcutt) for Tract 2707, in
accordance with City standards, specifications, and the subdivision agreement, and has requested
acceptance of the public improvements for maintenance and operation by the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements known as the
Creekston frontage (M07 -009, 791 Orcutt) for Tract 2707.
SECTION 2. The current Faithful Performance surety may be released upon submittal
of a replacement surety guaranteeing the workmanship and materials for a period of 12 months.
SECTION 3. The Labor & Materials surety may be released after 90 days from this date
of acceptance of the improvements in accordance with Section 66499.7(h) of the California
Government Code.
SECTION 4. The surety guaranteeing the workmanship and materials may be released
by the Public Works Director upon the successful completion of the 12 month warranty time
period from this date of acceptance.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES:
Council Members Ashbaugh, Marx and Settle, and Vice Mayor Carter
NOES:
None
ABSENT:
Mayor Romero
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Resolution No. 10180 (2010 Series)
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The foregoing resolution was adopted this 1 st day of June 2010.
�.
• g. i d F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
(3&"4,
ehristine Dietrick
City Attorney
T: \Council Agenda Repons\Public Works CAR\2010\DevRev \Tract 2707 Tumbling Waters — Creekston frontage \T2707 Final Acceptance
Resolution.doc
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RESOLUTION NO. 10179 (2010 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING EXERCISE OF
THE OPTION AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY, AS
AMENDED, CONVEYANCE OF A CONSERVATION EASEMENT THEREON TO
THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY, AND PROVIDING
CERTAIN OTHER ASSURANCES TO GRANT FUNDING AGENCIES, REGARDING
310 ACRES OF LAND NEAR LOS OSOS VALLEY ROAD IN SAN LUIS OBISPO,
CALIFORNIA, COMMONLY KNOWN AS FROOM RANCH
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to purchase real property; and
WHEREAS, on July 1, 2008, the City of San Luis Obispo entered into an Option
Agreement for Purchase and Sale of Real Property commonly known as the Froom Ranch, and
described as portions of San Luis Obispo County Assessor's Parcel Numbers 067 -241 -023 and
067 - 241 -024, ( "the "Property"), with the property owner, Irish Hills Plaza East, LLC ( "Plaza
East "), at an agreed purchase price of $700,000; and
WHEREAS, Irish Hills Plaza West, LLC, ( "Plaza West ") is the successor in interest to
Plaza East, of said property; and
WHEREAS, on April 12, 2010, Plaza West agreed to a reduced purchase price for the
property of $635,500, based upon a qualified appraisal of the property; and
WHEREAS, the Property possesses high natural resource values including wildlife and
botanical resources, and scenic open space values (the "Conservation Values ") of great
importance to the people of the City of San Luis Obispo, and the people of the State of
California; and
WHEREAS, the City of San Luis Obispo intends that the conservation values of the
Property be preserved and maintained forever by the continuation of currently existing land use
patterns.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby:
1. Authorizes and directs the Mayor to exercise the Option Agreement for Purchase and Sale
of Real Property, as Amended, to a 310 acre portion of the properties described as Assessor's
Parcel Numbers 067 - 241 -023 and 067 - 241 -024; and
2. Further authorizes and directs the Mayor to convey a Deed of Conservation Easement to
said property to the Land Conservancy of San Luis Obispo County as soon as possible upon
close of escrow; and
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3. Authorizes and directs City staff to, include in the deed to said property certain restrictive
language regarding future use and management, required as a condition of funding support by
the Nature Conservancy of California; and
4. Authorizes and directs City staff to conduct the necessary archeological and historical site
investigations of the property prior to any new ground disturbing activities, required as a
condition of funding support by the Federal Land and Water Conservation Fund; and
5. Authorizes and directs the Finance Director to transfer funds from City reserves in the
escrow account to advance the funds anticipated to be reimbursed from the LWCF; and
6. Authorizes the City Attorney to approve any non - substantive changes in language to the
various documents required to effectuate this action by the City Council.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, and Vice Mayor Carter
NOES: None
ABSENT: Mayor Romero
The foregoing resolution was adopted this 1 st day of June 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney