HomeMy WebLinkAbout06/05/1997, 7B - COUNTY REZONING AND URBAN-TYPE DEVELOPMENT APPROVALS OUTSIDE OF CITIES Date: May 9, 1997
To: Mayors and City Council Members of the Cities of San Luis Obispo
County —
From: Arnold B. Jonas, Community Development Director
City of San Luis Obispo
Subject: County Rezoning and Urban-Type Development Approvals Outside of Cities
Recommendation: Establish a subcommittee of City and County representatives to explore the
possibility of a formal agreement with the County to restrict unincorporated urban
development adjacent to but outside of established city urban reserve lines.
BACKGROUND
Contemporary economic and social developments in California have acted to undermine the
established relationship of cities and counties relative to good urban development. The
restructuring of revenue sources and allocations to the various levels of government, coupled with
the shifting of greater responsibility for provision of social services to county and municipal
jurisdictions, has directly impacted land use decision making. The fiscalization of land use is a
common catch phrase used to describe the increasing competitiveness.of local governments in
their quest for secure and productive revenue sources. Sales tax generators, in particular, are
eagerly sought after. The result, in land use terms, can be poorly planned and/or located
development that detracts from the quality and livability of our cities, and the Counties, and
diminishes the clarity of purpose that should distinguish the function of city and county
governments.
Incorporated cities have traditionally been considered to be the most appropriate, responsive and
efficient providers of urban services. Counties were considered the champions of the rural or
agricultural citizenry and a predominantly agrarian life style. The interface between these two
distinct development concepts is defined by the League of California Cities as a boundary
mutually recognized by the abutting jurisdictions:
Urban Reserve, or Urban Limit, Line: An area, identified through official public policy,
within which urban development will be allowed during a specific time period Beyond
this line, using a variety of growth management tools such as acreage zoning and limits
on capital improvements, development is prohibited or strongly discouraged
THE CURRENT Srt tiATION -
Jurisdictions within our local region have respected this rural-urban model as much as most other
areas in the state. The City of San Luis Obispo, for example, has been working for many years .
with San Luis Obispo County to define an acceptable boundary to contain urban development.
Recently adopted land use plans.Df both agencies contain many polices that work toward that " -
common goal. An example of how our City's policies contrast with the County's is attached.
Undoubtedly, other cities have policies of a similar nature.
However, the City's experience in relying on the County to adhere to their own, and respect the
City's, land use plans is not encouraging. In their recent action to adopt the County's San Luis
Obispo Area Plan, the Board of Supervisors re-designated approximately 300 acres of land
outside the City's Urban Reserve Line from agricultural/rural to industrial. This action was taken
in conflict with the draft plan recommended by their own Planning Commission and staff. The
City strongly objected to this action because the amount of Services and Manufacturing land use
shown within our Urban Reserve Line is calculated to provide 20 years of capacity at a 3%
absorption rate, 30 years at a 25/o rate, and 60 years at a 1% rate.
If one assumes that this property outside the URL would develop under County control it would
dilute the economic benefit available to either jurisdiction. The fiscal analysis done in conjunction
with the County plan update concluded that annexation to the City of the airport area properties
would result in net added revenue to the County. At the same time the City would receive
economic benefit to offset the costs of service provision and the impacts of additional growth. On
the other hand, the study concluded that the continuation of urban-like development in the County
results in the worst fiscal outcome for the County.
As the County ignores existing urban reserve lines, it works against City and County policies
intended to limit urban sprawl. If the cities cannot rely on the County to do this, other strategies
that do not rely on mutual dependence will need to be explored. One obvious possibility will be
for cities to annex much more land than is needed for urban development, and apply their own
rural or agricultural zoning to insure that adopted urban reserve lines have their intended effect.
However, experience in other parts of the state, such as Ventura and Yolo Counties, show that
simple, direct and cooperative formal agreements between included jurisdictions can achieve the
same result.
The current City-County agreement regarding tax sharing in annexation areas in San Luis Obispo
County shows that mutually beneficial solutions can be achieved here as well. Therefore, our
recommendation is to establish a committee of city and county representatives to explore the -
creation of a formal agreement restricting urban development adjacent to but outside of
established city urban reserve lines.
Attached is a draft memorandum of understanding, which City staff has drafted and forwarded to
County staff for consideration.
ATTACB[MENT 1: EXCERPTS FROM COUNTY AND CITY OF SAN LUIS OBISPO
GENERAL PLAN DOCUMENTS REGARDING URBAN DEVELOPMENT IN THE
.UNINCORPORATED AREA ADAONING THE CITY:
The City General Plan Land Use Element includes policies such as the following to foster such'
cooperation.
1.7.1: Open Space Protection
?thin the City's planning area and outside the urban reserve line, undeveloped land
should be kept opera Prime agricultural.. land productive agricultural land and
potentially productive agricultural land should be protected for farming. Scenic lands,
sensitive wildlife habitat, and undeveloped prime agricultural land .should be
permanently protected as open space.
1.16.7. Consistent Plans
The City will seek County Board of Supervisors approval amending the County Land
Use Element to make it consistent with this element,.within San Luis Obispo's planning
Area. The City will work with the County during updates of the County's plan for the San
Luis Obispo planning area.
1.16.8: City-County Agreement
The City will pursue a memorandum of understanding between the City and County
governments, pledging that neither agency will.approve a substantial amendment to its
plan for San Luis Obispo's planning area without carefully considering the comment and
recommendation of the other agency. The key feature of the memorandum would be the
City's acceptance of the planned amount of growth and the County's agreement to not
allow urban development within the planning area but outside the City.
The County's San Luis Obispo Area Plan contains complementary policies.
4.A.1 (pg. 4-2)
Plan compact communities Urban communities should be compact, and rural areas
maintained in a largely undeveloped state. The more compact a community, the lower its
vehicle trips and miles traveled and the easier it is for people to wally bike, or take
public transit to meet their transportation needs
The City of San Luis Obispo has an urban edge that is more distinct than marry other
communities in the state. However, land use proposals at the urban fringe could threaten
to blur that edge and create urban sprawl, and therefore this plan proposes to.maintain
the city's urban edge and to enhance it where possible.
Areas within the urban reserve line around San Luis Obispo and within the Los
Ranchos/Fdna Village have been planned-for urban density development while areas
outside of the urban or village reserve lines are maintained in larger parcels and in uses
compatible with the agricultural production and visual value$ they contain. Only a few
pockets of Residential Rural category have been established in order to recognize
existing ownership and use patterns.
Additional text at page 4-4 discusses community separation and rural'character..
Separation between communities provides each community an opportunity to develop its
own distinctive identity. The physical difference between each community is strengthened
by the intervening rural land which can contribute to a unique sense of arrival or
departure. The open areas between each town provide a rural visual character. Open
areas that separate communities,..., should be retained through zoning that affects the
amount and location of development. The distinct change in the amount of development
at the edges of the City of Sam Luis Obispo and the Los Rancho&Edw Village establish
recognizable boundaries to each community.
DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN LUIS OBISPO AND.COUNTY OF SAN LUIS.OBISPO REGARDING
PLANNING CONSISTENCY FOR SAN LUIS OBISPO GREENBELT/SAN LUIS OBISPO
PLANNING AREA
This MEMORANDUM OF UNDERSTANDING is made this of , 1997,by and between
the CITY OF SAN LUIS OBISPO (hereinafter called "City"), and the COUNTY OF SAN LUIS
OBISPO(hereinafter called "County"),with regard to the following:
RECITALS
Whereas, the City has designated an area of approximately 36,000 acres surrounding the-City as
the SAN LUIS OBISPO GREENBELT, wherein the-City is desirous of permanently protecting open
space, agricultural,rural, and scenic values;and
.Whereas, the County has designated an area of approximately 54,000 acres in the vicinity of the
City as the SAN LUIS OBISPO PLANNING AREA,which area includes in its entirety said Greenbelt
as well as the City itself and
Whereas, the County has legal jurisdiction over said Planning Area (except for area within the
City limits)and said Greenbelt for planning purposes;and
Whereas,both City and County desire that the policies and programs found within their respective
planning documents be consistent with those of the other party to the greatest extent feasible,and
Whereas, both City and County further desire that each will cooperate with the other in matters of
mutual interest within said Greenbelt and Planning Area.
Now,therefore, it is understood and mutually agreed:
1. The City and County shall work together to develop and retain consistency between their
respective plans for the San Luis Obispo Greenbelt,for the purposes of preserving the integrity of City
borders, open space, a healthy agricultural economy,wildlife habitat, and to encourage appropriate site
development that incorporates conservation of those resources for the long term
2. The County shall cause any proposed development, rezoning, General Plan amendment,
transfer of development credit, or other land use change request within the San Luis Obispo Greenbelt
to be referred to the City Administrative Officer for review and comment, and shall provide a
reasonable period of time for this.review and comment to occur.
3. The County shall duly consider such comment in determining how to proceed with the
applicatiori.
4. The City.shall cause any proposal by City to acquire interest in land within the San Luis Obispo
Greenbelt to be referred to the County Executive Officer of the County for review and comment, and
shall provide a reasonable period of time for this review and comment to occur.
5. The City shall duly consider such comment in determining how to proceed with the proposal.
6.,. The City and County sW each designate representatives to meet together regularly for the:
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purpose of determining how the interests of both jurisdictions can best be met by meeting, referral,
communication, shared planning, and other activities designed for mutual cooperation and joint action
pursuant to this Memorandum ofUnderstanding.
CITY OF SAN LUIS OBISPO
By: Date:
Mayor Allen Settle
Date:
Bonnie L. Gawk City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
Jeffrey G. Jorgensen, City Attorney
By: Date:
City Attorney
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairperson
Clerk _
APPROVED AS TO FORM AND LEGAL EFFECT:
James B.Lindholm,Jr.
County Counsel
By: Date:
Deputy County Counsel