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08/23/2005, BUS 3 - REVIEW OF THE SAN LOUIS OBISPO LOCAL AGENCY FORMATION COMMISSION'S (LAFCO) SPHERE OF INFLUENCE UPDA
council j agenda RepoRt B05 3 CITY OF SAN LUIS OBISPO FROM: John Mandeville,Communit D velopment Director��v�1 Prepared By: Jeff Hook, Senior Plann� � SUBJECT: REVIEW OF THE SAN LUlIISSOBISPO LOCAL AGENCY FORMATION COMMISSION'S (LAFCO) SPHERE OF INFLUENCE UPDATE AND A DRAFT MEMORANDUM OF AGREEMENT REGARDING DEVELOPMENT REVIEW AND URBAN SERVICES IN THE URBAN FRINGE. PLANNING CO1vIlVILSSION RECOMMENDATION: Adopt a resolution that: 1) recommends LAFCO approval of the tentative Sphere of Influence boundary adjustments, as shown in Attachment 1, and 2) recommends Board of Supervisors approval of a Draft Memorandum of Agreement as described in Attachment 3. CAO RECOMMENDATION: Adopt a resolution that: 1) supports the Planning Commission recommendation for LAFCO approval of the tentative Sphere of Influence boundary adjustments with the exception of added acreage south of Buckley Road and in the Orcutt area, as shown in Attachment 2, and 2) recommends Board of Supervisors approval of a Draft Memorandum of Agreement which has been slightly revised for clarification since Planning Commission review,as described in Attachment 3. REPORT-IN-BRIEF State law requires a city's sphere of influence (SOI) to be updated every five years. LAFCO is updating San Luis Obispo's SOI by revising the sphere boundary and facilitating a Memorandum of Agreement (MOA) between the City and County regarding development review and urban services in the SOL LAFCO ultimately sets the SOI boundary but involves the affected city and county in the study and decision-making process. The Planning Commission has endorsed the proposed MOA and recommended specific changes to the SOI boundary in four of the ten study area identified by staff. The Commission recommended that the California Men's Colony not be considered for inclusion in the SOI, and that the SOI boundary in Rural Ocutt, Avila.Ranch, Los Osos Valley Road/101 areas be expanded. The revised SOI would include some hillside properties where limited development might be possible on lower slopes, with the expectation that upper slopes would be reserved as open space. Staff recommends a revised version of the MOA to address issues raised by County and City staff since the Commission's hearing, and recommends that land south of Buckley Road not be included in the revised SOI because such an action could adversely affect negotiations with property owners to acquire agricultural preservation easements. The report notes that SOI boundary adjustments do not obligate the City to annex, provide urban services to or approve new development for the newly included properties. In concert with the proposed MOA, the expanded SOI could help implement City General Plan objectives to promote compact, logical San Luis Obispo Sphere of Influence Update and Draft MOA Page 2 and orderly growth, help preserve open space, and address impacts of development within the SOI on urban services. DISCUSSION SituotionlPrevious Review On May 17th the City Council reviewed and endorsed the proposed approach to the SOI update, endorsed a Draft MOA regarding urban services and referred the item to the Planning Commission for consideration and a recommendation. The Commission considered this item_ at its June 29th meeting, as explained below. Advisory Body Recommendation The Planning Commission discussed the purposes of the SOI and voted 5:0 to recommend that the Council: 1) include all of the study areas in the proposed SOI boundary adjustment with the exception of Study Area #10 (California Men's Colony); 2) amend the boundaries for Study Areas 4 - Rural Orcutt, 7 —Avila Ranch Area, and 8 —Los Osos Valley Road/.IEghway 101; and 3)approve the Draft MOA. Commissioners heard public testimony, reviewed the proposed study area boundaries in detail, and supported an expanded SOI with slightly larger boundaries in certain hillside areas than those originally shown in the SOI Study Area Map to gain greater City influence in anticipation of future development, and to help preserve open space (minutes attached). The Commission's recommended SOI Boundary is shown in Attachment 1, and its recommended MOA language is shown in the 5t° Draft, Attachment 3. Staff-recommended revisions are also shown in Attachment 3 in underlined, italic text. Purpose of Tonight's Meeting The Council is being asked to approve an updated draft SOI boundary map and Drift MOA,each of which requires action by another jurisdiction. The Council's action on the SOI is advisory to LAFCO for final action, which under State law, has approval authority over SOI boundaries. Council's action on the Draft MOA must.be forwarded to the San Luis Obispo County Board of Supervisors, since the MOA applies to and requires execution by both jurisdictions to take effect. As discussed below, the SOI identifies potential future urban boundaries, discourages sprawl and helps preserve open space. The SOI boundary reflects City policies regarding growth, development and urban services. This meeting will recap the SOI update process, present the Planning Commission's recommended SOI boundary and a staff-recommended SOI boundary (which differ in several important ways) and describe the Commission's recommended Draft MOA,with several staff-recommended changes. 3 -z San Luis Obispo Sphere of Influence Update and Draft MOA Page 3 Differences between Planning Commission and Staff Recommendations Since late last year, City staff has worked as part of a team with County and LAFCO staff to facilitate a smooth update process and ensure City goals and policies are addressed. It has been a dynamic process involving close coordination between three independent jurisdictions. To refine both the SOI boundaries and the Draft MOA language, the team continued to meet after the Planning Commission's June 29'h review. Specific differences between the Commission's and staff's recommended SOI boundaries are shown in Attachments 1 and 2, and in the Draft MOA, Attachment 3. In general, staff's recommendation differs as follows:. SOI Boundary Rural Orcutt Area, Area #4. The Commission recommended inclusion of an additional 107 acres southeast of the Orcutt Specific Planning Area. Due to the parcel's size and distance from the existing SOI boundary, staff does not recommend inclusion at this time. South of Buckley Road, Avila Ranch Area V. Staff recommends not including the area south of Buckley Road in the SOI. The Commission included this area to serve as a development buffer for the Airport Area, however the City is already in negotiations with the Brughellis to acquire an agricultural conservation easement over 159 acres of farmland south of Buckley Road. Including the area south of Buckley in the SOI could adversely affect the negotiations and this agricultural area is not appropriate either as an urban "edge" or for possible eventual annexation. Also, Council recently directed that the "Avila Ranch" area north of Buckley Road be included in the Airport Specific Plan Area, and the Specific Plan calls for an open space buffer north of Buckley Road. Consequently, the City's growth and open space policies would not be furthered at this time by including land south of Buckley Road in the SOI. Draft MOA Changes to the Draft MOA since the Commission's review were suggested by both City and County staff to clarify the agreement's intent, and to respond to County Counsel and City Attorney suggestions. These changes are shown in Attachment 3 and described below: 1. Change "appropriate" to "potential" 20-year growth boundary to reflect that fact that it is the City's Urban Reserve Line (URL) that establishes the appropriate growth boundary (p. 2,item#1). 2. Change "guide development" to "develop specific land use policies and standards`' to clarify intent(p. 6, 1"paragraph). 3. The section on "Impact Mitigation" was expanded to clarify intent, prevent double- charging impact fees, and to ensure adequate discretion for decision-makers(p. 6,#2). 4. "Emergency Medical" was added to the section on Fire and Law Enforcement Services to clarify that that EMT or first responder services provided by City Fire Department and CDF crews were also included(p.7, item#3).. 3 '3 San Luis Obispo Sphere of Influence Update and Draft MOA Page 4 5. The geographic area to which the MOA applied was.clarified. It applies to the area within the SOI, which includes the area within and outside the URL. The clause "at the time of application" was removed due to legal concerns over limiting decision-makers' authority to act in their legislative capacity. (p. 7, item#5). 6. The section on "Prior City Review" was revised to clarify City participation in the County's development review process. Why Change the City's SOI? The Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000 (CKH Act)requires LAFCO to update the Spheres of Influence (SOO for all jurisdictions in the County by January 1, 2006 and every 5 years thereafter. The SOI update being prepared for the City of San Luis Obispo is an important tool used by LAFCO to plan for future annexations. For a property to be annexed into a jurisdiction,it must be inside the jurisdiction's SOI. While updating the SOI is required by law, the fundamental policy questions are: should the existing boundary be changed, and if so, where should the boundary be located? Urban development has been occurring in the City's fringe area, sometimes with potential impacts on City facilities or services. With the SOI update, there is potential to gain greater City influence over development in fringe areas (through the action of the attached MOA), protect open space and farmland, better anticipate possible future urban service needs, and to define a more logical urban boundary. Changes to the SOI also raise issues regarding the timing, rate and location of development, availability of urban services, environmental effects, and fiscal implications. These issues are discussed below, and will also be addressed as part of LAFCO's environmental study once the tentative SOI boundary is endorsed by Council. The second question — where — is discussed below under "study areas." Potential SOI boundary changes focus on those unincorporated areas around the City where some level of urban-type development has occurred or is anticipated, and where the City wishes to gain greater influence over development to achieve General Plan objectives such as orderly, well-planned growth, achieving a distinct urban edge, hillside protection, and open space acquisition. LAFCO Sphere of Influence Criteria LAFCO establishes a SOI in cooperation with the City, County, and other interested stakeholders. LAFCO has broad discretion over the location and nature of the SOI boundary. LAFCO fully considers not only the jurisdictions' concerns and comments but also those of public and property owners. LAFCO's goal is to establish a SOI that is both serviceable by the jurisdiction and realistic in terms of where services might be needed over the next 20 years. When LAFCO establishes a SOI, several factors are considered including: service capacity of a jurisdiction, existing and potential future land uses, the growth inducing nature of the SOI, and consistency with that jurisdiction's General Plan. Typically LAFCO has tried to adhere to the General Plan's vision for a jurisdiction. On some occasions the community may have a different view or the General Plan may need updating. San Luis Obispo Sphere of Influence Update and Draft MOA Page 5 The SOI boundary is defined primarily by a city's service capacity and anticipated growth; however LAFCO can consider open space preservation as a legitimate purpose for defining the boundary and has done so in the past, as it did with annexation of the Irish Hills. Parcels on the City's urban fringe that are likely to be annexed and that will be required to provide significant open space may logically be included entirely within the SOI, even though only a portion of the parcel may eventually receive full urban services. The City typically processes development projects and annexation of the project site concurrently. This allows for a comprehensive environmental analysis of the impacts of both actions. City General Plan San Luis Obispo's General Plan does not specifically address the SOI; however it does address this issue in terms of growth management, annexations, compact urban form, hillside planning, the Urban Reserve, the Greenbelt and other related policies in the Land Use Element (LUE). The LUE seeks to protect open space outside of the Urban Reserve Line and within the City's Planning Area as a Greenbelt and to use annexation as a growth management tool and to maintain community identity. Some pertinent policies are summarized below. 1. Growth Management (LU 1.0.1): The City shall manage its growth to protect environmental quality, maintain high level of public services, ensure new development does not outpace availability of services, accommodate new residents in a orderly way, and encourage resident's participation in government. The URL shall define the edge of the area in which urban development might occur. The City will not designate more land for urban uses than its resources can be expected to support. 2. Urban Form and Edges Character (LU Community Goals, City Form): The City should maintain a compact urban form, and the boundary between San Luis Obispo's urban development and surrounding open land should be clear. Development just inside the boundary should use new or existing tree plantings, hills or other landforms to set the edge of development. The City has a long-standing policy of limiting hillside development generally to areas at or below 460 feet, due to infrastructure constraints, visual impacts, and the difficulty of development on upper hillsides. 3. Annexation and Services(LU 1.13.1): City shall not supply water and sewer service outside City limits (unless under pre-existing connections or agreements) outside the URL, above elevations reliably served by water gravity flow, or below elevations reliably served by gravity flow or pumps in the City sewer system. 4. Annexation Purpose and Timing (1.13.2): Annexation should be used as a growth management tool to allow appropriate urban development and protect open space. Areas within the URL to be developed with urban uses should be annexed before development occurs, and such areas may be annexed long before development occurs. An area may be annexed in phases, consistent with a City-approved specific or development plan and in consideration of topography, needed services and funding, open space objectives, existing and proposed land uses. San Luis Obispo sphere of muence update and Draft MOA Page 6 5. Annexations and Open Space (LU LIM)- Each annexation should help secure permanent open space protection, and specific open space standards apply to each named expansion area (e.g. Irish Hills Area, Margarita, Orcutt and Foothill Area-s). Annexations of properties outside named expansion areas, or "Other Area"-properties which are along the URI, and on hillsides, shall dedicate open space land or easements for about four times the area to be developed. Recommended SOI Boundary Changes LAFCO staff, workingwith City and County staff, initially identified study areas where chana,-e 1 ty 5" to the SOI may be appropriate. Most of the study areas involve minor expansions of the SOI to include parcels that may eventually be annexed. The Planning Commission considered each study area at a noticed public hearing, and its recommendations, and an explanation of where and why staff's recommendation differs, are described below and will be explained more fully at the meeting. The Council should review each recommended boundary adjustment and determine whether to support the change based on City General Plan policies, open space preservation objectives,and urban services. San Luis Obispo Sphere of Influence Update and Draft MOA Page 7 SOI Area#1 — County Request. This 24 acre lies just east of the City above Johnson Avenue. The area is adjacent to the City Limits on the west with the existing SOI to the south. It is located behind General Hospital. As shown, the existing City Limits split the parcel lines of the County owned property. Two parcels are owned by the County of San Luis Obispo and two parcels are under private ownership. The County has requested that their property be added to the City's Sphere of Influence. The private properties have been included in the Study Area because these private parcels are similar in elevation and topography to the County-owned parcels. One private residence is located in the Study Area. Most of the area proposed for inclusion in the SOI is steep and would likely become part of the City's greenbelt if development is proposed. For hillside areas above Johnson Avenue, from Tanglewood to Lizzie Street, a 460 ft. development limit applies, reflecting water service limits of existing infrastructure. The City's policies would require that open space in this area be set aside at a ratio of 4 units of open space to 1 unit of developed area. C% S01 Area #1 +;I 3 Study Area CouPnritvya te Existing SOI ♦ City Limit ♦ URL 24 acres - 4 parcels 1 County Request-14 ac 4:1 Open Space Req. GN� Steep Slopes 1 existing residence -URL generally Sphere follows the 460 ft. contour �� 8 San Luis Obispo Sphere of Influence Update and Draft MOA Page 8 SOI Area#2—Flora Street. This 169 acre area is adjacent to the City's Sphere of Influence and located above Flora and Alrita Streets, identified in the General Plan as the Goldtree area. The area was studied for inclusion in the City's Sphere of Influence because of the potential for additional residential development on the lower slopes of the parcels involved, and the possibility of securing open space dedication on the upper slopes. A property owner request was received to include the properties shown in black on the map below. Providing water service to these parcels is made very difficult due their height and steep terrain. Most of the area is above the 460 foot contour, the City's hillside development limit. Water service could be provided, but the system would have to be properly designed and would be expensive. The City requires a 4 to 1 ratio of open space to developable land for this area, significantly reducing the size of development that could occur on the site. SOI Area#2 ® Study Area 0 Existing SOI Request t City Limit URL 169 acres - 9 parcels ®a Filipponi-5 acres Twissleman-88 acres Cleveland-13 acres Single solid line: URL °f tuenc Undeveloped Land follows City Limits,typ. unit 9 residences inside the SOI 1 residence outside SOI �U I� .2y�� �� �+.1i ♦ r►� 1 ti Study Area ♦�� �� 31.5 acres - 3 parcels ■/tom �,,����a ���e��C�' San Luis Obispo Sphere of Influence Update and Draft MOA Page 10 SOI Area #4 - Rural OrcutL This 104 acre area is located northeast of Orcutt Road and is adjacent to the City's existing Sphere of Influence. The area is zoned Residential Rural and is largely built-out under the lunit per 5 acres density allowed under County standards. The area has 18 existing residences. The County's General Plan designates the north parcels of the study area as being part of the Urban Reserve Area, while the southern portion of the Study Area is not in the County's Urban Reserve Area and is outside the City's Urban Reserve Line. It is uncertain if further development of these parcels would be able to occur if they were eventually annexed to the City. The parcels are generally 5 acre lots that have large homes and accessory structures that have been already constructed. The need for and availability of City services in this area would need to be carefully studied prior to annexation. The area currently receives water service from groundwater and the homes are served by individual septic tanks to meet the wastewater needs. Law enforcement is handled by the County Sheriff and Fire response by the County Fire Department. Realistically, the first responder to a call would likely be the City Police and Fire units given their closer proximity to the area and the Automatic and Mutual Aid Agreements that exist between the County and City Fire response organizations. The Planning Commission recommended inclusion of an additional 107 acres, (which staff is not supporting) for a total of 211 acres, as shown below. Study Area#4 ®Study Area =Sphere of Influence 104 acres - 20 parcels 18 Existing Residences Large Homes-5 acre �9 F3a ® Sol i Planning Commission addition ON Study Area Sphereof influence 70 acres -3 parcels Vacant Land Part of Specific Plan Ali111 tIt►tt� "�t•�aaO�• ll�; f, MAV NX S Al �„11. �•�r '�`����,�� �,, 1111{11�/i�`g11111 .-: �Q. ,r,'� �� �= � � un '• IIIIIINI���'��1 1►��I v-' � ♦ I ���� ��0 / � •SSS• ��1 f�111.' iy� a+rij 1 Irl~•Itr1 ���. � � a•ti►�. �# Et�11I't* tr` 5;1rw 11� A -I ZIA 41 Jr }f'1111}titititi► .•r.#tfill ltuly#'txf *,�•uu f� ��rr���,, •�+411,/ r . r• ./ ► . . . _ recommended• Staff addition SOI Area#6 Study Area1 16 parcels 106+acres Partially Developed Y Industrial-Commercial project approve • zoning San Luis Obispo Sphere of Influence Update and Draft MOA Page 13 SOI Area#7—Avila Ranch Area. This 285 acre area is south of the City and north of Buckley Road — including the Avila Ranch and Drake Farms — and consisting of 15 parcels. Of the 285 acres, 180 acres (63%) are zoned Industrial by the County and development is occurring on some parcels. The 105 acre area on the east side of the area is zoned agriculture and is producing high value row crops. Continued industrial development of the area is likely and the need for City services will increase over the next 20 years. Council recently directed that the area north of Buckley Road be included in the Airport Specific Plan Area. The Planning Commission recommended that additional land south of Buckley Road be included to preserve agricultural land and to help secure open space. Staff recommends the area south of Buckley Road not be included in the SOI because it could affect City efforts already underway to secure open space easements in this area; and because an open space buffer will be required north of Buckley Road as part of the AASP. SOI SOI Area #7 Study Area 101 285 acres- 15 parcels Partially Developed SOI Industrial and AG zoning in County Airport cklo Planning j Commission addition Staff recommended addition i 313 Y San Luis Obispo Sphere of Influence Update and Draft MOA Page 14 SOI Area #8 — Los Osos Valley Road/Highway 101. This 468-acre area is located southwest of the City next to Los Osos Valley Road (LOVR) and includes land that is zoned agriculture. Home Depot is located to the north, auto sales to the east,commercial development and Highway 101 to the south, and agricultural land (grazing) to the west. The northern corner of the uppermost parcel (about 15 acres) is already in the URL. The Madonna Family has submitted an application for annexation of this portion of the Froom Ranch area, which is adjacent to LOVR and Home Depot. It is anticipated that this area would develop with commercial land uses located nearer to the Highway and roads. The balance of the properties may be used to meet the City's open space requirements. The parcel to the south is a property owner request (Madonna) for inclusion in the SOI. On the southernmost parcel, the County has approved construction of the Mountain Brook Church (a.k.a. Vineyard Community Church). West of the Church property are the Filipponi (West) Ranch (approximately 220 acres), and the City-owned Johnson Ranch (242 acres). These are recommended for inclusion since the Filipponi Ranch is immediately served by a city street (Calle Joaquin) and the family is considering various small-scale development concepts for the property. Also it has been the City's practice to include City-owned open space lands within the city limits so that city open space regulations can be enforced. Some of the area to be included in the SOI consists of wetlands. Under General Plan policies, wetlands must be preserved as open space: If eventually annexed, portions closest to LOVR may have development potential; wetlands would be identified and designated as Open Space at a 4:1 ratio of open space to developable land... soill Froom Ra_ne_ - .` (Parton. - o h a - _ S01 Area#s Staff recommended addition F'Study Area 468 acres—3 parcels Partially Developed Agricultural zoning in County l San Luis Obispo Sphere of Influence Update and Draft MOA Page 15 SOI Area#9— Cerro San Luis. This 1,386-acre Study Area is located on the northwest side of the City with Foothill as,the northern boundary and Los Osos Valley Road as the border to the west. The area includes land that is zoned Agriculture. Ten of the properties (1,202 acres-87%) are owned by the Madonna Family. Congregation Beth-David has received approval from the County to build a temple near the.corner of LOVR and Foothill. The property just south of the Congregation is owned by Dan DeVaul, who has requested inclusion into the SOI. A large portion of this area includes Cerro San Luis and would be considered for inclusion into the City's open space program if annexed into the City because of topography, wetlands and sensitive habitat. Nine single family residences exist along the south side of Foothill Boulevard. These are mostly half-acre lots that have already been developed. SOI #9 0 Study Area 1,386 acres—22 parcels Agricultural zoning in County :. Includes San Luis Peak 0 . t / � � �/ - 301 San Luis Obispo Sphere of Influence Update and Draft MOA Page 16 SOI Area #10 — California Men's Colony. The Cortese-Knox-Hertzberg Act allows for institutions such as the California Men's Colony, which are not adjacent to a City, to be annexed for purposes of increasing a jurisdiction's per capita population. Such an action can, in some cases, increase the City's share of state and federal funding from programs that base allocations on population. The State's budget crisis last year decreased the main potential funding source based on per capita population — the vehicle licensed fee (VLF). Funding from other per capita- based sources, such as the Community Development Block Grant (CDBG) program, could be increased through such an annexation, although the amount of increase is unknown. The prison is self-sufficient and would not require services from the City if annexed. The Planning Commission and staff recommend that this area be excluded from consideration due to its distance from the City. SOI Area#10 Cal Mens Colony P -Study Area Possible Inclusion Per CKH 56742.5 860 acres—2 parcels CMC Stote Correctional facility Population: 6,000-7,000 Ity L m J Cal Poly Sphere of Influence Issues and Limitations The SOI does not convey legal authority for development. It is a planning and policy tool used by LAFCO to consider future areas to be served by a jurisdiction. Nor does it change land use categories or give a property owner any more land use entitlements than already exist with a particular property. The SOI does not define or identify specific development projects,change or modify zoning. The City is not required at any time to annex properties within the SOI, nor is a property owner entitled to compel the City to complete an annexation or to extend urban services. These actions would require environmental review, public hearings, and Council approval. Such approval would hinge on consistency with the General Plan and annexation San Luis Obispo Sphere of Influence Update and.Draft MOA Page 17 policies. An annexation is a mutually agreed upon course of action that requires the approval of the City,LAFCO and the individual property owner. Draft Memorandum of Agreement The City has long been interested in an agreement with the County regarding development just outside of the City limits, covering fringe areas such as the Airport Area or Los Osos Valley Road near Foothill. The General Plan (LUE 1.16.8) calls for a "memorandum of understanding between the City and County Gcvernments" regarding development review and land use changes in San Luis Obispo's Planning Area. No such agreement exists; however, through the SOI update process, LAFCO staff has facilitated the preparation of a Draft MOA between the City and County regarding impact mitigation, urban services and development requirements for new development within the SOI. Council reviewed the Draft MOA on May 17`s. That version was very similar to the one endorsed by the Planning Commission, but with slightly different wording mainly in the sections on Impact Mitigation: The proposed MOA, shown in Attachment 3, is more specific than the previous drafts, and could help establish a new level of cooperation between the City and County regarding impact mitigation, fire and law enforcement services, open. space and agricultural preservation, interagency cooperation and development review within the urban fringe. The Draft.MOA, in conjunction with an updated SOI, could expand.City influence over development. in the urban fringe and address concerns with their potential environmental and service impacts. If the Board of Supervisors does not approve the MOA, staff anticipates bringing the SOI update and MOA back to the Council for reconsideration. CONCURRENCES Police, Fire, Utilities, Administration; Natural Resources, Parks and Recreation, Finance, Public Works and Community Development staff have reviewed the draft MOA and SOI update and concur with the recommended actions. ALTERNATIVES 1. Planning Commission Version. Adopt a resolution approving the SOI update and Draft MOA as recommended by the Planning Commission, without the staff-recommended changes. 2. Maintain the S01 boundary as is. Recommend LAFCO retain the existing SOI boundary as is, closely following the City's URL. This approach continues the City's past methodology of constraining the SOI to a relatively small area to discourage urban development outside the URL. The proposed MOA would then apply to a smaller area, and County approvals of urban-type development is likely to continue in the urban fringe under current City/County policies and review procedures without expanded City influence in sphere areas. San Luis Obispo Sphere of Influence Update and Draft N46A Page 18 I Continue the item for more information or discussion. Them is no specific deadline or time limit for Council action; 1AFCO has targeted the end of this year for completion of the San Luis Obispo SOI update. ATTACHMENTS 1. SOI Update Map_Planning Commission Recommended Version 2. $01 Update Map—Staff Recommended Version 3. Draft MOA 4. Draft Planning Commission June 29, 2.005 minutes 5. Draft Council Resolution LASpecial Proje=\CCreport8-23-05 S01[md].doc i tta:hment 1 Lq C 16 co odd_ _ T a FA ca _,oma � �,,�_�,.�,• �� � ��__ ' -- _-� � ,� -; -amu-- 'OWL $ E d I o ` a�$ Z " N eEE m W V '� � � a s I luluoo oll 9=1 3 ► � 1! I �!11 _ a Nil EMEM ,• - a �. aw .,��!a�1 I% ` e ti _ f� •- - �,'`s � 1111 ,'fit= 1 - - � � •-� � J�����I,� rA �' Attachment 3 I MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO REGARDING THE CITY'S SPHERE OF INFLUENCE (Staff-recommended changes from the Planning Commission approved draft are shown in legislative draft: added text is underlined boldface italics;deleted text is in st&eereE) This Agreement between the City of San Luis Obispo(Hereafter"City")and the County San Luis Obispo County (hereafter"County")is entered into by the City on this day of 2005,and by the County on this - day of , 2005. wrrNESSETH WHEREAS,the Cortese/Knox/Hertzberg Act of 2000 ("the Act")requires the Local Agency Formation Commission "CO)to update the Spheres of Influence for all applicable jurisdictions in the County every five years;and WHEREAS, a Sphere of Influence is defined by the California Goverriment Code 56076 as a plan for the probable physical boundaries and service area of a local agency; and WHEREAS,pursuant to Government Code 56425 the Sphere of Influence has been identified by the County of San Luis Obispo and the City of San Luis Obispo as shown in Exhibit A; and WHEREAS,the Act further requires that a Municipal Service Review be completed prior to or, in conjunction with,the update of a Sphere of Influence in accordance with Section 56430 of the California Government Code as a means of identifying and evaluating public services provided by the City of San Luis Obispo and changes.to the City's Sphere of Influence-, and WHEREAS, a Municipal Service Review as stated above has been completed and shall be considered by LAFCO when establishing the City's Sphere of Influence; and WHEREAS, the City and County have reached agreement regarding the boundaries (Exhibit A), development standards, and ioning requirements (Exhibit B)of the Sphere of 5i°Draft Memorandum of Agreement 1 City of San Luis Obispo and County of San Luis Obispo Attachment 3 Influence to ensure the orderly and logical development of these areas; and WHEREAS, the City's General Plan provides a clear policy base for growth and , development in the Sphere of Influence areas and defines policies and programs that the City will implement to ensure the preservation of the agricultural land, open space and the rural character of San Luis Obispo; and WHEREAS, the County's General Plan goals in Framework for Planning and the San Luis Obispo Area Plan call for Community Separators to provide for a community's distinctive identity and preserve the rural character of the areas between and on the fringes of communities and cities; and WHEREAS, the City and County intend to cooperate regarding growth and development on the urban fringe of the City and in the referral area shown in Exhibit C; and WHEREAS, LAFCO is required by Government Code 56425 (b)to give great weight to this agreement in making the final determination regarding the City's Sphere of Influence. NOW,THEREFORE, be it resolved that the parties agree 4 follows: 1. The Sphere of Influence boundary contained in Exhibit A provides for the orderly and logical growth for the City of San Luis Obispo and represents anaPpFePiate potential 20- year growth boundary(2005-2025)based on available information. 2. The development standards and zoning requirements contained in Exhibit B provide a framework for completing updates to the General Plans of both the City and the County for the areas in the Sphere of Influence. 3. The development standards and zoning requirements contained in Exhibit B are intended. to provide the City and the County with the basis for developing specific land use policies and standards for the areas in the City of San Luis Obispo Sphere of Influence and do not supersede or limit the planning or environmental review process of either jurisdiction. 4. The City's and County's General Plan policies including those found in Exhibits D and E shall be used to guide the logical and orderly development of these Sphere Areas while preserving agricultural and open space lands. 5'"Draft Memorandum of Ag r=ent 2 City of San Luis Obispo and County of San Luis Obispo Attachment 3 Mayor, City of San Luis Obispo APPROVED AS TO FORM AND LEGAL EFFECT: City ey Dated:-- Th.— ATTEST: - -ATTEST: City Clerk Dated: -- -- 5"Draft Memorandum of Agreement 3 City of San Luis Obispo and County of San Luis Obispo �J i Attachment 3 Chairman,Board of Supervisors County of San Luis Obispo APPROVED AS TO FORM AND LEGAL EFFECT: County Counsel Dated: ATTEST: County Clerk Dated: 5`s Draft Memorandum of Agreement 4 City of San Luis Obispo and County of San Luis Obispo Attachment 3 EXHIBIT A SPHERE OF INFLUENCE BOUNDARY MAP 5d'Draft Memorandum of Agreement 15 City of San Luis Obispo and County of San Luis Obispo O� Attachment 3 EXHIBIT B DEVELOPMENT STANDARDS AND ZONING REQUIREM[ENTS The following deveIopmentstandards and zoning requirements are agreed to and shall be used by q the City of San Luis Obispo and the County of San Luis Obispo to develop specific land use policies and standards gukle-d�t-within the proposed Sphere of Influence as shown, in Exhibit A and to update their General Plans. 1. Intent. It is the intent of the County and the City to work cooperatively towards the goal of developing the agreed upon Sphere of Influence (as shown in Exhibit A) in an orderly and logical manner consistent with theCortese/Knox/Hertzberg Act, the City and County General Plans, the California Environmental Quality Act and any other applicable laws and regulations. 2. Impact Nflfigafibn. In evaluating any development, the agency considering approval (City or County) should rely solely on its ability to provide the required services to that development. The City and the County shall not presume any services will be provided by the other agency without documenting that such services will be provided, Development/mitization fees needed to offset the impacts from Projects approved by either iurisdiction in the Referral Area (Exhibit 0 shall be collected and distributed in a fair and equitable manner. These fees .may be paid to the City and/or the County in proportion to the location and degree-of Proiect impacts; however the total -fees Paid shall not exceed the cost to mitigate the.speciflc P oiect impact._The Gity and County shA ensurze that developmengFRitigation fees needed to ef4et the fiscal impaets ffefa ad by either-jurisdietieR in the RefeFml AFea shown in Exhibbit G ame e-olleeted and Elistiibated in a fait and equitable manner-. M[itigationgees to offset signiflcant impacts to fire, law enforcement, emergency medical services, water and wastewater treatment services, roads and streets, other public services, and housing, shall be incorporated into the conditions of approval for projects on a case by case basis. Documentation shall be provided that identifies the project's fiscal, infrastructure, housing, and services impacts to both the City and the County and shall be considered as part of the development review process. The documentation shall be used to prepare conditions of approval and to allocate impact €ees-fees where allowable and as appropriate. 5'h Draft Memorandum of Agreement 6 City of San Luis Obispo and County of San Luis Obispo 3 Attachment 3 3. Fine. Emergency Medical and Law Enforcement Services. Costs associated with fire, a*d emergency medical and.law enforcement yespeese services shall be given special attention. The County and City Planning Staff shall meet with the City's Police and Fire Chief and the County Sheriff and Fire Department Chief regarding development in the unincorporated areas that would impact the emergency response €re—service levels. The purpose of this meeting is to identify and discuss fiscal impacts of development related to emergency €tee services, service delivery impacts of development on the fringe, and appropriate mitigation measures. 4. Interagency Cooperation. The.City and the County shall work cooperatively to plan for future land uses and public services and facilities to improve and maintain area circulation connections, and to preserve agricultural land Iand open space. The County and City will consider the creation and implementation of various assessment and financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County. Discretionary development projects and General Plan Amendments within each agency's jurisdiction shall be referred to the other for review and comment prior to action on a development proposal. The County shall seek the City's comments regarding these projects'in the referral area map, found in the County's San Luis Obispo Area Plan (Exhibit Q. The City shall seek the County's comments regarding projects that affect the unincorporated area found in Exhibit C. When a discretionary project application is accepted for processing, it shall,be referred to the following contact person(s)for early review and comment:. Division Manager, Long Range Planning Community Development Director County of San Luis Obispo City of San Luis Obispo Department of Planning and Building Community Development Department County Government Center 990 Palm Street San Luis Obispo,CA.93408 San Luis Obispo,CA 93401-3249 This provision shall not supersede other methods of commenting or providing feedback regarding a proposal or project. 5. Sphere of Influen and City's UFban Rene.-v., Li . The County shall, to the extent legally possible;limit development within the City's Sphere of Influence (SOI) to those uses allowed by the County General Plan at the 6FAe of appiie"'"a• The 5"Draft Memorandum of Agreement 7 City of San Luis Obispo and County of San Luis Obispo -- Attachment 3 County shall give the great,weight to the City's General Plan policies when,reviewing development in the City's Sphere of Influence Urban a_PFieFCity Review. For projects submitted to the County for consideration, as part of the pre-application meetings and as part of processinz the application, the County shall request Vie—written documentation (pr-e�,ided in a timely manners that indicates the City Council's position rekrarding w iii—»et—suppett annexation into the City. This documentation shall be provided by the City in a timely manner that does not delay the County's processing of the land use application. During this time, the County shall continue to process the land use application as required under the law. b. Development Review Coordination. Projects proposed within the referral area shown in Exhibit C, and subject to an Initial Study under CEQA, shall cause the City and County representatives to request a meeting prior to completion of the Initial Study. The purpose would be to discuss the City's and County's General Plan policies with regard to the project and to identify any key issues that may need special attention during the CEQA process. 6. Agriculture and Open Space. The City and the County shall work together to preserve the agricultural and open space resources in the SOI area using the City's Greenbelt and Open Space policies, the County's Agriculture and Open Space Policies including the transfer development credit program as appropriate. The criteria contained in the County's Agriculture and Open Space Element particularly Agricultural Policies 17 and 24 (Exhibit C), and the pertinent policies in the City's General Plan shall be addressed in the preparation of any land use entitlements and Environmental Impact Reports. 7. General Plan Amendment.The City intends to complete environmental review,pre= zoning, pre-annexation, and any necessary pre-general plan amendment activities prior to or concurrent with.an annexation proposal being processed by LOCO. The County intends to complete any necessary amendments to its General Plan in the San Luis Obispo Area Plan to reflect the annexation of territory to the City of San Luis Obispo. 5t°Draft Memorandum of Agreement 8 City of San Luis Obispo and County of San Luis Obispo 3 -48" Attachment 3 8. Zoning Requirements/Specific Plan. Prior to annexation, the City shall complete pre-zoning and environmental review consistent with it's General Plan. CEQA review shall include analysis of issues, including but not limited to the following: a reliable and adequate water supply, sewer capacity, public services, cumulative traffic circulation, agricultural buffers, jobs-housing, use of transfer development credits, i and affordable housing opportunities., 5t°Draft Memorandum of Agreement 9 City of San Luis Obispo and County of San Luis Obispo 3q Attachment 3 EXHIBIT C SAN Luis OBISPo AREA PLAN, PROJECT REFERRAL MAP 5`s Draft Memorandum of Agreement 10 City of San Luis Obispo and County of San LuisObispo 3 —vv Attachment 3 EXHIBIT D COUNTY'S AGRicu- LTURAL-OPEN SPACE ELEMENT P611 cy#17: Agricultural Buffers Policy#24: Conversion of Agricultural Land 5th Draft Memorandum of Agreement 11 City of San Luis Obispo and County of San Luis Obispo Attachment 3 EXHIBIT E CITY OF SAN LUIS OBISPO GENERAL PLAN POLICIES GRowTH MANAGEmFNT POLICIES 1.3 1.6 1.7 . 1.8 1.13 5d'Draft Memorandum of Agreement 12 City of San Luis Obispo and County of San Luis Obispo 3 --3 c) Planning Commission Minutes June 29,2005 Page 2 ' Attachment 4 PUBLIC COMMENTS: There were no public comments. COMMISSION COMMENTS: On motion -by Commr. Carter to continue_ consideration of this item.to July 13, 2005. Seconded by Commr. Osborne.. AYES:- Commrs. Miller, Osborne, Boswell and Carter NOES: None ABSENT: Commrs. Aiken and Loh ABSTAIN: Commr. Christianson The motion carried on a 4:0 vote. 2. City Wide.`,__GPA and R-128-04:-.Consideration of LAFCO's Sphere of Influence study for the City of San Luis Obispo and a draft memorandum of agreement between the City- and County is development outside the City limit line; City of San Luis Obispo applicant. (Jeff Hook) Senior Planner Jeff Hook presented the staff report asking the Commission to consider public comments, review the tentative Sphere of Influence (SOI) boundary adjustments described in the written staff report, consider additions to study areas 7 and 8 as recommended by Natural Resources Manager Neil Havlik, and provide direction on changes. PUBLIC COMMENTS: Charles Felix, 3380 Sequoia Drive, expressed concerns with Study Area 3 if the City were to annex the three parcels on Harmony Way, specifically wildfire hazards, water pressure, and landslides. He also noted concerns with the loss of open space in this area. He opposed any development in this area and felt the area's current status under County development standards and services should remain. Guy Hackman, 1744 Southwood Drive,. expressed his concems with the three parcels on Harmony Way (Study Area 3) and the effects it would have on the neighborhood if the annexation were approved. Mike Blum, 1825 Castillo Court, representing Congregation Beth David in Study Area 9, noted the congregation would like to be included in the City's SOI. Rachel Kovesdi, representing John King Properties, supported inclusion of the two parcels in Study Area 2 and explained plans for a new water tank to serve the neighborhood below. Carol Florence; 3427 Miguelito Court, representing multiple property owners, expressed support for Study Areas 1, 2, 3 and 8, and requested that 30 acres in Area 6 and the 3 -33 Planning Commission Minutes Attachment 4 . June 29, 2005 Page 3 Avila Ranch in Study Area 7 not be included in the SOI at this time. She noted the Madonna family was interested in possible inclusion in Study Area 9, but wanted more information. Mark Blum, 1825 Castillo court, questioned the water and sewer availability in Study Area.9 if it were ever annexed. Pamela Jardini, representative for the Devaul family, asked that the Devaul property be included in the City's SOI; in Study Area 9, as shown. Pat Pepperall, 893 W. Foothill Boulevard (Study Area 9) was unsure as to whether she would like to be included in the City's SOI. John Euphrat, San Luis Obispo County Planning Department, expressed concerns with including Study Area 10 (California Men's Colony) 'in the City's $OI, and praised City, County and Lafco staff efforts in drafting the MOA.. Otherwise, County staff supported inclusion of Study Areas 1-9 in the SOI: John Wallace, O'Connor Way, expressed concerns that the requirement in the MOA fo.r "prior City review" of development applications in the SOl could delay San Luis Obispo County processing of development applications. Scott Lathrop, 1619 La Vineda, expressed his concerns with the MOA and opposed the inclusion of Study Area 10 in the SOI. He added that property owners in the existing SOI should be notified of any further SOI hearings. Ty Safreno; San Luis Obispo, also expressed his concerns with the MOA and the inclusion of Study Area 10. There were no further public comments. COMMISSION COMMENTS: Commr. Carter suggested that the Commission review each study area separately. Commr. Christianson expressed concerns with Study Areas 1, 2, and 3, and asked how the Urban Reserve Line was set. Commr. Carter expressed his belief that the best way to protect Study Areas 1, 2 and 3 would be to include them in the City's Sphere of Influence. Commr: Boswell questioned if the open space area would be included in the SO[ in Study Area 3. Commr. Miller felt the City would have more influence over these areas if they were included in the City's SOI. 3 ^�y I r Planning Commission Minutes' Attachment 4 June 29, 2005 Page 4 Commr. Carter suggested that Study Area 4 include both sides of Orcutt Road to Tank Farm Road. Commr. Christianson suggested that the Urban Reserve Line for Study Area 4 include both sides of Orcutt Road. Commr Carter suggested that the Urban Reserve Line be moved to include the corner of Orcutt Road and Tank Farm Road. Commr. Carter proposed the SOI include the creek south of Buckley Road. Commrs. Miller, Carter, Christianson, Boswell noted they did not support inclusion of Study Area 10. On motion.by_Commr..Carter to approve inclusion of all study areas except Study Area 1.0 to amend boundaries for Study.Areas 4. 7 and 8, as discussed, and to recommend approval of the MOA as written. Seconded by Commr. Christianson AYES: Commrs. Miller, Osborne, Boswell, Carter and Christianson NOES: None ABSENT: Commrs. Aiken and Loh ABSTAIN: None The motion carried on a 5:0 vote. 3. City Wide. GPA, ER 149-98: Update and combine Conservation and Open Space Elements, and amend several other GP elements; an environment review; City of San Luis Obispo, applicant. (Continued from March 23,2005 ) (Jeff Hook) Senior Planner Jeff Hook presented the staff report, asking the Commission to consider public comments, review chapters on Energy and Materials of the March 2005 Draft Conservation and Open Space Elements, provide direction.on changes or additions to goals, policies and programs as appropriate, and continue the item to the regular Planning Commission meeting on Wednesday, July 27, 2005. PUBLIC COMMENTS: Patrica Willmore, San Luis Obispo Chamber of Commerce, suggested that 4.2.1..1 paragraph 3 be changed to "should include standards".; that a "D" section be added for use of solar energy, and appreciated the use of the word "encourage" in Section 5.3.0.4. Joe O'Donnel, 7350 Santa Ynez Avenue, expressed support for the draft. Conservation/Open Space Element's intent to clarify recreation in open space areas and supported keeping bike trails in open space. Christie Culter, 557 Buchon Street, expressed, support for the COSE and giving equal weight to compatible recreation and preservation in open space areas. There were no further comments made from the public: Attachment 5 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THE SAN LUIS OBISPO LOCAL AGENCY FORMATION COMMISSION (LAFCO) APPROVE A REVISED SPHERE OF INFLUENCE BOUNDARY (SOI) FOR SAN LUIS OBISPO AND RECOMMENDING. BOARD OF SUPERVISORS APPROVAL OF A DRAFT MEMORANDUM OF AGREEMENT(MOA) REGARDING DEVELOPMENT REVIEW AND URBAN SERVICES IN THE URBAN FRINGE. WHEREAS, The last comprehensive Sphere of influence (SOI) Study for San Luis Obispo was completed in 1984 when the Local Agency Formation Commission (LAFCO) adopted the City's first SOI; and WHEREAS, The Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000 (CKH Act) requires LAFCO to update the Spheres of Influence;(SOI) for all jurisdictions in the County of San Luis Obispo by January.1, 2006 and every five years thereafter, and WHEREAS, LAFCO has prepared a tentative SOI update for the City of San Luis Obispo, and said update is an important tool used by LAFCO to plan for future annexations. For a property to be annexed into a jurisdiction, the property must be inside the jurisdiction's SOI; and WHEREAS,as part of the SOI update, LAFCO is authorized and required to: 1) approve and adopt the environmental documentation for the proposed update pursuant to CEQA, 2) approve a Municipal Service Review, .and 3) approve and adopt the San Luis Obispo SOI Update; and WHEREAS, LAFCO can consider open space preservation as a legitimate purpose for defining the SOI. Parcels on the City's urban fringe that are likely to be annexed and that will be required to provide significant open space may logically be included entirely within the SOI, even though only a portion of the parcel may eventually receive full urban services; and WHEREAS, the proposed update promotes City General Plan objectives in that it expands City influence over development in fringe areas, helps protect open space, helps anticipate possible future urban service needs, and defines a more logical urban boundary; and WHEREAS, City General Plan (LUE 1.16.8) calls for a"memorandum of understanding between the City and County Governments"regarding development review and land use changes in San Luis Obispo's Planning Area;.and WHEREAS, The proposed MOA could help establish a new level of cooperation between the City and County regarding impact mitigation, fire and law enforcement services, open space and agricultural preservation, interagency cooperation and development review within the urban fringe; and R 3 -CLQ A*tachlnent 5 Resolution No. (2005 Series) Page 2 WHEREAS, the Planning Commission, at a public hearing on July 27, 2005, endorsed the SOI update and Draft MOA and forwarded a recommendation that the Council approved the Tentative SOI boundary adjustments and Draft MOA; and WHEREAS, the City Council held a public hearing on August.23, 2005 to consider public testimony, Planning Commission recommendations, the tentative SOI boundary adjustments and Draft MOA, the staff report and pertinent correspondence. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of San Luis Obispo as follows: SECTION 1. Findings. This Council, after considering the tentative SOI boundary adjustments and the Draft MOA, the Planning Commission's recommendations, staff recommendations, public testimony and correspondence, and reports thereon, makes the following findings: 1. The tentative SOI boundary adjustments, as shown in Exhibit A, and the Draft MOA as shown.in Exhibit B, are consistent with the City's General Plan in that they will promote General Plan objectives by expanding City influence over development in fringe areas, protecting open space, helping to anticipate possible future urban service.needs, and by defining a more logical urban boundary. 2. The Draft MOA achieves General Plan Land Use Element policy LUE 1.16.8 by establishing a new level of cooperation between the City and County regarding impact mitigation, fire and law enforcement services, open space and agricultural preservation, interagency cooperation and development review within the urban fringe. 3. The City is not required at any time to annex properties within the SOI, nor is a property owner entitled to compel the City to complete an annexation or to extend urban services. These actions would require environmental_ review, public hearings, and Council approval. Such approval would hinge on consistency with the General Plan and annexation policies. SECTION 2. Approval of the tentative SOI boundary adjustments. Council hereby recommends that LAFCO update the City's SOI, including the SOI boundary adjustments as shown in Exhibit"A." SECTION 3. Approval of Draft MOA. Council hereby approves the Draft MOA, as shown in Exhibit "B", authorizes the Mayor to execute the final agreement, and recommends that the San Luis Obispo County Board of Supervisors approve the Draft MOA as shown in Exhibit`B." 3 -37 Resdation Na (2005 series) A'tachi i lent 5 Page 3 Upon motion of ___ _____-___- -- , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 23rd day of August, 2005. David F.Romero, Mayor ATTEST: Audrey Hooper. City Clerk APPROVED AS TO FORM: Jo an P.Lowell City Attorney Exhibits: A. Tentative SOI Boundary Map B. Draft MOA JhVsphm of mfiuenWccrea& 3-05 I i 4 T Z7, 2 9L- +lL /A,, 1aa - 4 /UO*P7oW 6r, SLO G.ry Cowr-3cLLl (Ituo, ,,.ALL ( toCN- 61 ploP�7�( ©WNR CS of KA-N5u"1� LArtc, RArVa �i tGryv� -Mt II E'1rr5h-- An--rAc--t P R-cd vs-tom t no cr liter cr— iN Fwe.vnGE, Vic- VD's `NO Yot.t. RECEIVED ,aur 2 2 2005 RED FILE SLO CITY CLERK ME TING AGENDA DATE �3 'fTEM # �g ✓COUNCIL Z--CDD DIR �C�,O -/FIN DIR IACAO FIRE CHIEF lAT CRNEY FN DIR... .. I�CLERK'OR P'pCLICE CHF { ❑ Dra'T, pWEADS %REC DIR t-tlu-r� UTiL DIR L .�— �Hn DIR I � O 45LGIQ August 19, 2005 / TT114 � F AL&- P�oRs-Yz-tY I dw1J6125 om ({nIIAS6t t 1,A-T-1c— Mayor l\ No Vote City Council Members of San Luis Obispo LAFCO — - Re: Proposed Sphere of Influence Dear Mayor and members of the San Luis Obispo City Council and LAFCO: We are residents of the old Hansen Subdivision off Orcutt Road and we wish to reiterate our no vote regarding our inclusion in the Proposed Sphere of Influence with the City of San Luis Obispo. All totaled, there are eleven homeowners/parcels in this subdivision which dates back to the early 1930's. (This neighborhood is so old it even has its own landmark where "... the cowboy boots are on the fence posts".) Our neighborhood is small, quiet, and not too fancy. It has agricultural roots. Most of us have been here 20 or 30 years, some longer. A few of the original landowners are still here and working the land. Our small farming and ranching character is why we live or moved here to begin with, and we don't want to change this. (Nor do we want to be lumped together with our neighbors to the north in the Kuden development-Tiburon, Calle Crotalo and Sequoia Streets. They are nice folks, but theirs is an entirely different environment without the rural/residential history we have.) Please leave us as we are. Do continue to inform us but with much more notice than 4 or 5 days! Thank you very much. � scis -}amse�- `�.►�ht>` ice_ foo �D �� v� iio�� �d gf 5 1 q ���� 16ro l- Pt.*Jkl LAA&1� 5L o 93ya1 36 ,wl . tR• /4\ b 55 ' PTM3kE�/4� 7. SEC 4 5.9 1 ACT. . 16. ./lY°I /" �' .JBS L."y"6 �✓eGE 'y 5.91 AC. ✓ 367 's��Osg ggg.'yz �! 15. 21 5.55 AC. \Y$- 5.39 AC 29 30 k3 a�g_ / t 5.07 AC E PTA NE 1/4. SEC 1, ypq 50 T. 31 %. R. 12 E /e1•,/ Zoo 2 t 6.22 AC a527 AC, 18 5.32 AC. M �� ` 4. Ay a.iD• .- e� ,,y 'lid\ 5.54 AC t_ 6.84 AC \Vst, / J32 e I \\ CC. O.R 5. � 00—OI� 5.66:AC:e,_ 5.8 6. 1d'�b 11 l 7 kN A— I `-4 5.49 AC r ° I 6. ° 5.13 AC l2 Ms ,� T2 Gal / 2y tip \ � `; 5.25 AC /4 10. 5.24 AC. i I i i !3 � �� � •� � � � syn � '1\49 c� 6.55 AC. �Rh \! 4 o o I 531 30D 600 THIS MAP IS PREPARED FOR 'LTRA_ CT_NO. _ 681, M. Bk. 10 � Pg. 4SSESSMENT PURPOSE ONLY. T.3 1 S. 1 (NE 1/4)m M.D B`IOT --P, =f Z' o 561`i � l i I - I I F -�iC- �A1V 5�! Tli�i I Subject: City of SLO Sphere of Influence Update- Municipal Service Review Dear Commissioners, LAFCO staff, and city and County Council members, Since 1953 my family has lived at 1595 Hansen Lane. I started raising orphan calves on the 5 acres here and now operate on about 2,000 rented acres with about 100 cows. The 1595 Hansen Lane location is base for that operation. Your sphere of influence has no place in my lifestyle or business. In fact, I have already suffered from it. Your bike race or triathlon runs through on Orcutt Road. I told John Rogers that Orcutt.Road was a dangerous place for this. I was told that we were just farmers or ranchers and didn't know anything about a bike race. After that a young lady in the race was killed. The following year the city put two people in my driveway to tell me there was a danger while the bike race was on., Since then I have talked with Paul La. Sage about moving the race to Cuesta College,they have a pool and space to run and bike. He laughed and said not even he could move the race now. I guess he has no control over his department. Your sphere of influence has already meant harassment, ridicule, and even death. You people have been bad neighbors. Stay on your side of the fence, I'll stay on mine. Sincerely, =RECEIVEDWilliam Fischbeck 1595 Hansen Lane San Luis Obispo, CA 93401. e;�-]-ZOUNCIL '- c bD DIR %CAO P—.'�IN DIR ;�ACAO 2 IRE CHIEF I-�1'ATTORNEY ,E"RW DIR RED FILEccERKoaIC yPOLiCECHF MEETING AGENDA ,�«�r'Pnr-HEADs ysRJ DIR je�u ' 0 UT i! DIR DATE�KITEM # ?J /—�i _._�. "R DIR Subject: City of SLO Sphere of Influence Update- Municipal Service Review Dear Commissioners, LAFCO staff; and city and County Council members, After attending the SOI meeting on June 29, 2005, 1 was made aware that considerations for changes are being pushed ahead even though some of the neighboring landowners are not in agreement with the plan. In particular, the inclusion of the property at the corner of Tank Farm and Orcutt Roads was a mere suggestion and now it is part of the plan. Since that property has been for sale for several years the owner must be relieved to hear of the impending inclusion into the city's sphere of influence. Don't wont'; I don't think anyone would even think of putting a gas station there. I sincerely hope that the necessary changes this was asking for were riot taken seriously. The time and thought that had gone into making up the SOI plan as originally presented should be taken into consideration and left as it was. I have lived on Orcutt Road for almost 19 years and want to see it remain OUTSIDE of the city's sphere of influence. Don't think that because we cannot vote on city issues or that when a neighbor calls 911 and it is the CDF or the sheriff who respond, we are not already "influenced" by the city of SLO. In the late 80's when we pointed out the problems with the bike portion of the triathlon being on such a narrow, windy road, we were shown that the income that race brings to the city far outweighs any concerns we might have. Safety has been our concern all along, not for that one day, but the other 364 practice days when most of the traffic on our portion of Orcutt Road are from outside the area and may not be aware of the danger of sharing a road with bicycles, fast moving traffic, vacationers pulling ski boats and joggers. Yes, they are pretty safe now that for the day of the race we are not allowed any visitors, we have to practically show proof of residence, or we just make it a day to be out of town, or stay at home- alone. So if you feel the need to include our Orcutt Road Hansen Lane area in the SLO/SOI, you go ahead, I probably cannot stop you, but just so you know, I have opinions about what goes on downtown as well. (Siin�cerely; ZAUG IVED 7 v l � � Marcia Fischbeck 2 20051595 Hansen Lane � CLER San Luis Obispo, CA 9340 OU VL ' j DD DIR K ✓,AO IN DIR CAO .GFIRE CHIEF ,P_;�HTTORi`j=Y ;2-RW DIR RED FILE ' �LERrt o +l; -IZJ-POLICE CHF MEETING AGENDA ° DEPT,HEAuS E-,R=c DIR r -? UT-11-DIR DAT E�, ITEM c3 7r-HR DI I , iRECEIVED aUG 2 2 2005 SLO CITY CLERK Dear City Council of San Luis Obispo, As the property owner at 3950 Orcutt Road, San Luis Obispo, I want-to make it clear to the members of the City Council that I donot want to be in the Sphere of Influence. Sincerely, !� Jean L. Boyd 3950 Orcutt Road San Luis Obispo, Ca. 93401 Ph. 544-7538 August 20, 2005 f - ''.CIL �CnD DIR y.rFIFJ DIR RED FILE =-� 7FIRE CHIEF �T i ORNEY �p�✓✓DIR U23 AGENDA �:LERwoRI� , ; o_; DE T H OLICE CHFDATITEM # _ SDS �'aEC DIR �� E UTIL.DIR - r /. HR DIR CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN LUIS OBISPO CA RNIA 93407 Z; RECEIVED 1 I 40101- 4 AUG 22 r i -N Lo CITY CLERK AG ENGINEERING & TECHNOLOGY • ARCHITECTURE & ENVIRONMENTAL DESIGN jr7 /c7c�c z cm 7� 4t z c4—J— 7tZ 4r f 76 §otc4z& kcl, RED FILE COUNCIL :�D DiR CAO ME�ETING AGENPA /�' -CAO -1='= CHIEF 'NDIR ��ATTO DAT6121k ITEM #!;M�J— r R N EY e0l-ERKICRIG OLICE CHF -F)rPT HEADQ THE CALIFORNIA STATE UNIVERSITY & COLLEGES I - I I i - � N- , � RECEIVED AUG 2 2 2005 SLO CITY CLERK lec, Irl\ Dlr. tRE-CHIEF- N_ DJC =/.r -,uEY �`C DIR MSETING-AGEJ _-f;K-ORIU n QetleR eHF ITEM # D. NPT HEADS DIR ©AT r � —moo r�- (Y�J %HR DIR Page 1 of 1 SLO Citycouncil-SOI decision RECENED AUG 2 4 ' .i From: <JWarken@aol.com> CLERK To: <slocitycounch6slocity.org> SLQ CIN Date. 8%23/2005 2:17 PM. Subject: SOI decision Dear Council Members, My husband and I have lived at 3790 Sequoia Dr.since February of 1985. We moved therefrom our home on More Street in San Luis Obispo to take advantage of the quiet, rural atmosphere. When my husband,John retired after having been a physician at Sierra Vista Hospital for 24 years,we hoped our small community would continue to be one of relative serenity and calm. We are opposed to having our property be included in San Luis's Sphere of Influence. Though we have listened for some indication of an advantage to our inclusion in the SOI,we have heard none. We do know that any development in our area will only increase the traffic on Orcutt Road which has grown dramatically in the last ten years. Please help us keep our rural ambiance and keep us out of San Luis's SOI. Sincerely, _ /I EldoialNarkentin Il(,D - OLU �J Cf�l,.lJw�� file://C:\Documents%20and%2OSettings\slouser\Local%2OSettings\Temp\GWIOOOO1.HTM 8/24/2005 1 , • i ` ,�►. _ ,. � .,•'fid,*. M1. � L. t - r rf rCr �, ;'�y.� .der .� w •~� ;t Its • 'fy'� _ SlO7 J d ' `' '�K v � �� yam•.• - `� ♦ +iR�'' .ice �`,f� ��b",`J"�. .n/ -" .y'l + �s •til f �...`� ``/ • : • j� '> .'t.�l►._�if�fii�'"1fi +�°,1ffitt�. � _.a.'>;!'.►.ari 7,?'�..ir���i'�''.�c�,' . � ^� .:y'�+:� + t:. - The City of San Luis Obispo's Sphere of Influence (SOI) update process is currently underway. The study, led by the Local Agency Formation Commission(LAFCO), is looking at a number of areas under County Jurisdiction to determine where it might be appropriate to eventually expand the City limits. Of particular interest to our neighborhood is an area comprised of three parcels in upper-Johnson. On LAFCO's proposed SOI Map,this site is designated as "#3 - Harmony Way". The City requested that LAFCO add this study area in response to permit requests that have been submitted asking to annex and develop of one of the three parcels. The Harmony Way Neighborhood Group understands that annexation and approval of any development are separate considerations from the SOI process, but preservation of this area is so important that the Group wanted to make its concerns known as early as possible. Prior to making any decisions regarding the addition of this area to the City's SOI, the Group asks that Council review the information below and act to protect a valuable City asset. BACKGROUND: A few months ago, neighbors living along Harmony Way heard rumors of a potential development of a privately owned County parcel across the street(see Figure 1). After checking City records, we found that the owner was proposing to FIure 1 add eleven new homes along the f j property's Harmony Way frontage (see Attachment A). The permit requests submitted by the owner included: • Annexation to the City • Amendment of the Land 6 1 Use Element (LUE)to allow low-density residential and extend the Urban Reserve Line. • Approve the tentative tract map to create a 12- y lot subdivision. o Add language to the LUE Hillside Planning section regarding minor annexation area. • Approve environmental reviews. After becoming aware of the proposed annexation and development, a couple of area homeowners organized an informal neighborhood meeting. The meeting was held on June 16`h to share information and to discuss the potential impacts of the proposed changes. Leaflets were distributed to a few homes adjacent to the study area, and from there word was spread from neighbor to neighbor. A total of 35 neighbors attended the meeting. Six other households called to say that they would not be able to attend but wanted copies of the information packet that was distributed at the meeting. This level of response was unexpected and demonstrates the level of concern for changes to this foothill area. ANALYSIS: The following is a summary of the major concerns raised by area residents: I. Safety Concerns: A. The site is within a"High Wildland Fire Hazard" area. This was made very clear when the Las Pilitas fire raged over the hills in 1985 and, thanks to the professional and heroic efforts by our City and County firefighters, was stopped from entering our neighborhood at Harmony Way. If this area had been developed, fire crews would not have been able to use this open space as a defensible buffer and there most certainly would have been additional structure losses and an increased potential for injury or loss of lives. Section S 2.2(B) of the 2004 General Plan Digest states that; "Development shall be excluded from areas of high and extreme wildland fire hazard." B. The site is in an area of moderate to high landslide susceptibility and is located within a Geologic Hazard Zone. During this winter's heavy rains it was very evident from the number of springs that appeared along the edge of this area that soil porosity and other subsurface conditions would make the site extremely susceptible to landslides. This is reinforced by the fact that, almost every year, City street crews have to perforin repairs on Harmony Way to address roadway slippage. C. The only ways to access to Harmony Way are from either Edgewood Dr. or Sequoia Dr. Both of these streets are very narrow and emergency access for any new development on Harmony Way will be a real problem (see Attachment B): II. Municipal Services: A. A preliminary service report(see Attachment C) analyzing the proposed development states that; "The City has adopted Water and Wastewater Master Plans which do not provide for service to this area." The report_ goes on to state that in order to provide water services, either a tank or pump station is required. The report ends by saying; "... the cost of operating and maintaining a tank and pump station (or hydrodynamic pump station) is expected to be substantially more than any revenues the Utilities Department would ever see from serving water to these lots." Especially in times of tight budgets and increasing fees, any analysis of potential expansion needs to closely look at ongoing costs that the City may have to assume as part of servicing the new area. Also; the environmental impacts of proposed solutions, such as the noise caused by pump stations, could severely_ affect the quality of life in our neighborhood. B. The City is already experiencing problems in meeting its service delivery goals for existing homes in the area and any additional development would only exacerbate this problem. As an example, the City's goal is to provide a minimum water pressure of 40 PSI. Water pressure in homes along Harmony Way is approximately 30 PSI and this drops even lower during peak usage hours. III. Hillside Development: A. The site under study is designated as Greenbelt area within the City's current General Plan. In its Land Use Element,the City has set as one of its goals; "To protect and preserve scenic hillside areas and natural features such as the volcanic Morros, ridge lines,plant communities, rock outcroppings and steep slope areas that function as landscape backdrops for the community." Continued City expansion into hillside areas would seem to be contradictory to this goal. It would seem that The City could better meet its housing-needs through in-fill or expansion into less sensitive areas. B. The City Council has issued a resolution setting a 460 foot elevation limit for any hillside development in upper-Johnson between Tanglewood Dr and Lizzi Street. Most structures built on the site, such as the proposed development, would exceed this restriction (see Attachment D). C. While the proposed development meets the 4:1 open space set=aside requirement, the positioning of the 11 new homes would block access to the open space. In addition,.residents walking along Harmony would no longer have an unobstructed view of hills. D. The analysis and decisions that were made as part on the proposed Bowden Ranch development set a precedent that would preclude this type of development. E. The lot sizes for the proposed development are not consistent with adjacent properties (they are almost half the size). CONCLUSION: In addition to the more specific and quantifiable issues mentioned above, the neighborhood also has concerns about the more intangible effects that future development in this area would have on the community. Key among these is the simple pleasure of viewing the unspoiled, scenic, hillside beauty while walking along Harmony Way. Many of those who have mentioned this do not live immediately adjacent to the area under study, but come from other neighborhoods to walk their dogs,jog or simply enjoy the peaceful environment. Much of this closeness to nature would be lost should developments such as that being proposed take place. The opportunities to have this type of experience are quickly disappearing from our community and we in.the Harmony Way neighborhood ask that the County and City keep this in mind as SOI Update process moves ahead. When presenting the neighborhood's concerns to a recent City Planning Commission meeting, area representatives were told that these areas would be better protected by being brought under City control. This was quickly thrown into doubt when neighborhood _representatives noted that that an existing City ordinance prohibits development above the 460 foot elevation line and almost all of the proposed development is above that elevation. City staff quickly noted that, while the ordinance does exist, it was unlikely that developers would be required to meet its requirements. The City's General Plan is full of goals and policies for the protection of hillside areas but.it often seems that, especially when it comes to the"Old Boy" club of local developers,variances and waivers are all too often granted. We are quickly losing the closeness to nature that makes SLO such a special place, and. the City is continuing to take on the substantial costs involved in operating and maintaining City services for hillside developments. It might be best if the City Council did hot allow these SOI changes unless they require that City planners strictly apply all prohibitions and protections (such as the 460' prohibition) to all potential developers. I , g ' i 1 W i 1 If o , 1 W 1 4 Q Ij I i $ "' I ® � .1 � 9 . �l � 'C'•C� 1 SLO'Ll 1 06#i°l 000'b �� D9 S40'9 +ice S409,' J V#10,006'9 �m 006'91 y ft,taPis'too-el g 8 g c r Rt arc m'c m Y m C S tr ago c cs C(V Fcq CM WN CbN W W x W YARN Guam== - - . r Y .l, y aCl••� 3 C, C��. (r'i��y�'..r�ih Y tel. .. „I 110 jt,+�y, Y� *r�♦ ` .nom J tY.-•.q �'� �v�,' v, yT'.`•7 S. t iN-1 1 �^ �~�•��� �fy�-,.' •h] 'mss^ 'f.ry"'1 yy4S I,•. .t 1� J _. eta ✓ w �• 'ft'„ 1 '�1I �Tr 1 �'•"_—a ��._ a � yy/sem-.._�— �.. 7. 1 1 ! 1 _• _ =r��(A�4 ✓. .�r� ,2 i ir ;r �^ _ - ��hy. � � �y4��y1,�' �Y.�(� , •-r`a'm; 1 / 7 - 1 ATTACHMENT C Utility Report Utilities Project Address 1700 HARMONY Parcel # 070-301=023 Application Number 142-04 1 st Review Code Requirements Water and wastewater mains will be required to be extended along the frontage of the property(ies)being annexed. It is necessary to be certain that all City facilities fall within City right-of-way, proposed easements,or property deeded to the City. Each parcel is to have its own separate water and wastewater service laterals. Upon development,a water allocation would be required due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a "fust-come, first-served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid._ Both the Water and the Wastewater Impact Fees are charged on a per residential unit basis. If a well is to be used for domestic purposes,the domestic usage will be measured with a City meter, in order to properly bill for wastewater collection. The well meter shall be installed in accordance with City Standard 6240. An agreement.for the metering of the private well must be signed,notarized,and recorded with the County Recorder. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes a well. All backflow preventers shall be approved by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. The project shall be coordinated with the County Cross-Connection Inspector,Henry Ruiz,who can be reached at 781-5567. Comments Being outside the City Limits and the Urban Reserve Line; this property was never envisioned to receive City services. The City has adopted Water and Wastewater Master Plans which do not provide for service to this area It appears that only Lot 2 is situated such that it could receive City water service_. It appears that sewer service could be provided to the proposed subdivision. However,providing water service to the proposed twelve lots would require either a new water storage tank on the hillside, or a hydropneumatic pump station capable, of providing the requred fire flows. The long- term cost of owning, operating, and maintaining such facilities does not justify allowing the twelve lots. 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