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03/21/2006, PH 5 - PLANNING COMMISSION RECOMMENDATION TO APPROVE A CONSERVATION AND OPEN SPACE ELEMENT OF THE GENERAL
d \I council Ma�D� 3-21-06 acEnaa nEpont 1�Nb. CITY OF SAN LUIS OBISPO FROM- John Mandeville, Director of Community Developm n Prepared By: Jeff Hook, Senior Planner-�� SUBJECT: PLANNING COMMISSION RECOMMENDATION TO APPROVE A CONSERVATION AND OPEN SPACE ELEMENT OF THE GENERAL PLAN AND RELATED GENERAL PLAN AMENDMENTS. (GPA/ER 149-98) CAO RECOMMENDATION Continue reviewing the March 2006 Draft Conservation and Open Space Element (COSE), starting with Chapter 8 - Open Space, and as recommended by the Planning Commission, adopt a resolution that: 1) approves a negative declaration of environmental impact, 2) adopts the proposed COSE (March 2006 draft) as modified by the City Council, and 3) amends the General Plan to maintain consistency with the new element. DISCUSSION Overview On February 28`s, 2006 Council began its review of the March 2006 Draft Conservation and Open Space Element (COSE). The Council completed its review of Chapters 1-7. At this meeting, the Council will review the changes they made to chapters 1-7, review Chapter 8 and direct changes as needed, review corresponding changes to other General Plan elements, and take action on the documentation required pursuant to the California Environmental Quality Act (CEQA). Council's Review Process Attachment 5 shows Council'.s changes from the last meeting in "legislative draft" format. Only those pages that changed have been attached. The Council may pick up where it left off. with the review of Chapter 8 through the remainder of the document. Council should also consider the Planning Commission's recommended General Plan amendments and negative declaration. General Plan Amendments The Commission reviewed possible General Plan amendments, line=by-line,-to ensure that: 1) the changes were appropriate and a policy or program was being moved to the proposed COSE or (in a very few cases, to another General Plan element), 2) a policy or program was outdated or redundant and should be deleted, and 3) no change was warranted, a policy or program should remain as is. To help the Commission and public with that task, staff prepared annotated drafts of these elements, showing possible changes to policies and programs, and where and how these changes were addressed in the proposed COSE. Particular emphasis was given to possible changes to the Open Space and Land Use Elements, since these are where the majority of current conservation and open space policies reside. Staff also prepared Explanatory Comments on Proposed Land Use Element Changes in Connection with the October 2005 Draft COSE and Draft Conservation and Open„pace Element of the General Plan Page 2 Possible Changes to the Open Space Element in Connection with October 2005 Draft COSE to help with this task. These summaries are available in the Council reading file and on the City's web site under www.slocity.org/communitvdeveloyment/long-rangeplanning. Environmental Determination On April 15, 2002 the Community Development Director determined that the proposed element and General Plan amendments would not have a significant effect on the environment and approved publication of a negative declaration. The determination was published and no public comments were received. Staff has updated the initial study to reflect changes in the Draft. The changes expand conservation policies and programs in the areas of cultural resources, energy and materials, natural communities, open space and views. The Deputy Community Development Director granted a negative declaration for the revised Draft on October 28, 2005, and the Planning Commission determined that policies in March 2006 Draft COSE are substantially consistent with or stronger than those in the previous draft and that no further environmental review was warranted. The Initial Study and Negative Declaration are included as Attachment 2. ATTACHMENTS: 1. Planning Commission Resolution No. 5446-06 2. Initial Study and Negative Declaration (ER 33-02) 3. Draft Council Resolution 4. Proposed General Plan Amendments 5. Legislative draft COSE showing changes from February 28, 2006 Council Meeting NOTE: Council members should bring their draft COSE with their notes from the February 28`s meeting. The February 28`s agenda report contains added history, information,and alternatives. Council Reading File: Planning Commission minutes, Planning Commission staff reports, Summaries of Possible Changes to Land Use Element and Open Space Element in Connection with the March 2006 Draft COSE, Planning Commission Workshop Goals for the Draft COSE, Office of Planning and Research Guidelines on Element Consolidation, and public correspondence. GAMOMConservauon and Open Space Element\Staff reports\CAR3-21-06C.doc Attachment 1 PLANNING COMMISSION RESOLUTION NO. 5446-06 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION,THE MARCH 2006 DRAFT CONSERVATION AND OPEN SPACE ELEMENT WITH CHANGES AS NOTED,AND AMENDMENTS TO THE GENERAL PLAN CIRCULATION,HOUSING, LAND USE,PARKS AND RECREATION, SAFETY, WATER AND WASTEWATER ELEMENTS APPLICATION ER/GPA# 149-98 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 8, 2006, for the purpose of considering application ER/GPA 149-98, a project to update and combine the General Plan Conservation, Energy Conservation and Open Space Elements into one element and to amend the General Plan Circulation, Housing, Land Use, Parks and Recreation, Safety, Water and Wastewater Elements to maintain consistency; and WHEREAS, the City initiated said project to update the Conservation and Energy Conservation Elements, last revised in 1973 and 1981 respectively, and to consolidate conservation-related General Plan policies; and WHEREAS, State general plan guidelines encourage element consolidation to minimize redundancy, group functionally related goals, objectives and policies, help maintain internal consistency and to keep the general plan to a reasonable size, making the plan both easier to understand and implement; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, this was a continued public hearing and public notices were made at the time and in the manner required by law; and WHEREAS, the Planning Commission reviewed and considered the Negative Declaration of environmental impact and the Initial Environmental Study (ER 149-98) on which it was based, and determined that Negative Declaration granted on October 28, 2005 adequately addresses the proposed General Plan Element and amendments and determined that policies in March 2006 Draft COSE are substantially consistent with or stronger than those in the .October 2005 draft evaluated in the Initial Study. Consequently, the Commission determined that no further environmental review was warranted and recommended the City Council approve the Negative Declaration; and WHEREAS, the Planning Commission has duly considered all evidence, including the public comments provided verbally at three public workshops and seventeen public hearings, in written communications provided to the Commission and the evaluation and recommendations by staff,presented at said hearings; and 5-3 Resolution No. 5446-06 ( ) Attachment 1 ER/GPA 149-98 Page 2 WlffiREAS, over the course of said hearings the Planning Commission conducted a detailed review of possible General Plan amendments in comparison to the Draft Conservation and Open Space Element to maintain policy continuity and encouraged, considered and responded to public questions, comments and suggested text changes on both the amendments and the Draft Element; and WHEREAS, the Planning Commission acknowledges the significant contributions of time and expertise provided by community groups in preparing and shaping the Draft Element, including ECOSLO, Residents For Quality Neighborhoods, Santa Lucia Chapter of the Sierra Club, SLO Green Build, California Central Coast Chapter of the American Institute of Architects, San Luis Obispo Chamber of Commerce, and by many individuals. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The proposed March 2006 Conservation and Open Space Element will promote the public health, safety and welfare by ensuring that policies supporting conservation, energy efficiency, preservation of natural and cultural resources and natural communities, and protection of open space resources guide City values, operations and decision-making; and 2. The proposed March 2006 Conservation and Open Space Element maintains and/or expands the City's important conservation environmental policies and programs, and in combination with the Open Space Ordinance, Creek Setback Regulations and Conservation Plans, upholds the City's role as an environmental steward and leader by updating and consolidating these into a single,easily used and understood document; and 3. The proposed March 2006 Conservation and Open Space Element reflects the Commission's detailed review of and comparison with possible changes to the Land Use and Open Space Elements, and with the proposed amendments, is consistent with the General Plan. Section 2. Environmental Review. The Planning Commission does hereby recommend that the City Council adopt a Negative Declaration for the project. Section 3. Recommendation'. The Planning Commission does hereby recommend that the City Council: 1. Approve a Negative Declaration of environmental impact. 2. Approve the March 2006 Draft Conservation and Open Space Element. 3. Amend the General Plan to maintain consistency. 5-y Resolution No. 5446-06 r ER/GPA 149-98 Atta�fiment 1 Page 3 On motion by Commr. Christianson, seconded by Commr. McCoy, and on the following roll call vote: AYES: Commrs. Carter, Christianson, Loh, McCoy, and Miller NOES: None REFRAIN: None ABSENT: Commr. Osborne VACANCY: One The foregoing resolution was passed and adopted this 8th day of February, 2006. Ron Whisenand, ecretary Planning Commission Jh/Uconservationandopenspaceelemendresolutions/P 2-8-06 5-S c — Attachment 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM ER 149- 98 1. Project Title: October 2005 Draft Conservation and Open Space Element Update 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Jeff Hook (805 781-7176) 4. Project Location:Within City Limits, annexation and greenbelt areas. 5. Project Sponsor's Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 6. General Plan Designation: The project would apply within all land-use designations. 7. Zoning: The project would apply in all zones. 8. Description of the Project: The project objectives are to: • Clarify, consolidate and expand goals and policies for conservation of open land (including soil for agriculture), natural communities (including wildlife species of concern), air, water, energy, materials, scenery and views, and historical and archaeological resources. • Update policies and programs, mainly to reflect changes in State requirements and what the City has already implemented. • Expand conservation efforts, particularly in the fields of energy and materials conservation and "Green Building" technology. These objectives would be met by: • Restating several existing policies in more direct and more encompassing terms. • Adding new policies and programs to enhance conservation of Energy and Materials, Natural Communities, Open Space, Cultural Resources and Views. • Deleting some obsolete or ambiguous statements. • Providing new illustrations, including maps.. • Reformatting some material with no change in content. • Combining the present.Open Space Element, the Conservation Element, and the Energy Conservation Element, and amending the Land Use, 5-C.p Initial Environmental Study, ER 149-98 Paye 1 ' - Attachment 2 Housing, Circulation, Safety, Parks and Recreation and Water and Wastewater Elements. To show the proposed changes, the City prepared a "legislative draft" showing anticipated policy and program changes. In addition, the City prepared several matrices summarizing the proposed changes. These documents are on file in the Community Development Department, City of San Luis Obispo. 9. Surrounding Land Uses and Setting: The San Luis Obispo area contains, and shares with neighboring areas, many high-quality natural resources. Several maps in the element summarize the type and location of natural resources in the area. Pressures for development and human use could degrade or deplete the resources. Several resources, such as land and water, are subject to competition among urban, agricultural, and wildlife uses. Some resources, such as stream corridors, have been degraded by past actions, but can be enhanced as projects by the City or conservation organizations, or in conjunction with private development. A key consideration is that the City can directly implement its policies only within the city limits or on property the City owns, and that the City relies on cooperation with County, State, and Federal agencies for many aspects of conservation. 10: Project Entitlements Requested: This is a General Plan amendment, which requires a recommendation by the City's Planning Commission and approval by the San Luis Obispo City Council. 11. Other public agencies whose approval is required: None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Geology/Soils Public Services Agricultural Resources Hazards&Hazardous Recreation Materials Air Quality Hydrology/Water Quality Transportation &Traffic Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Si nificance Enefgy and Mineral Population and Housing Resources 5 , 7 Initial Environmental Study, ER 149-98 Page 2 ' Affachn tent 2 CALIFORNIA FISH & GAME FEES DETERMINATION: There is no evidence before the Department that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon which the wildlife depends.Therefore, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. F-1 The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code.This initial study has been circulated to the California Department of Fish and Game for review and comment. CEQA DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a X NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially significant' impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have .been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. W44�:�' �7�- Signature Date Michael Draze, Deputy DirectorLong-range P anrnng for:John Mandeville, Community Development Director !nidal Study Checklist, ER 149-98 Page 4 Attachrrent 2 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the sign ficance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more °Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section .17, "Earlier Analysis," may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Administrative Code. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case,a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. S- 1 Initial Study Checklist, ER 149-98 Page 4 Issues and Supporting Information Sources Sources Potentiauy Less Than Less 7ban No Significant Significant significant Impact ER# 149-98 Impact with Impact Mitigation Incorpmated 1.AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1-3 X b) Substantially damage scenic resources, including, but not limited to,trees, rock outcroppings, open space,and 1-3 X historic buildings within a local or state scenic highway? c) Substantially degrade the existing visual character or 1-3 X quality of the site and its surroundings? d) Create a new source of substantial light or glare which 1-3 X would adversely affect day or nighttime views in the area? There would be no substantial change to policies concerning aesthetics. The new element would reflect the existence of the architectural review process, which did not exist when the Conservation Element was adopted in 1973. 2.AGRICULTURAL RESOURCES. Would the ro'ect: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),as shown on the maps pursuant to the Farmland Mapping and Monitoring 1-3 X Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use,or a 1-3 X Williamson Act contract? c) Involve other changes in the existing environment which, X due to their location or nature,could result in conversion of1-3 Farmland,to non-agricultural use? There would be no substantial change to policies concerning agricultural resources. The element would, for the first time, map cultivated land separately from open space generally. 3. AIR QUALITY. Would the project: a) Violate any air quality standard or contribute substantially 1-3 X to an existing or projected air quality violation? b), Conflict with or obstruct implementation of the applicable 1-3 X air quality plan? c) Expose sensitive receptors to substantial pollutant 1-3 X concentrations? d) Create objectionable odors affecting a substantial number 1-3 X of people? e) Result in a cumulatively considerable net increase of any 1-3 X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed qualitative thresholds for ozone precursors)? There would be no substantial change to policies concerning air quality. The new element would reflect the existence of the County Clean Air Plan and information on climate change, which did not exist when the Conservation Element was adopted in 1973. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect,either directly or 1-3 indirectly or through habitat modifications,on.any species. identified as a candidate,sensitive,or special status X species in local or regional plans,policies,or.regulations, or by the California Department of Fish and Game or U.S: Fish and WHOP Service? 5-10 Initial Study Checklist Page 5 Attac�i�ltent 2 Issues and Supporting Information�Sourees Sources potentially i.essThan Less Than No Significant Significant Sigaificant Impact ER# 149-98 impact with Impact Mitigation Inc otaw b) Have a substantial adverse effect, on any riparian habitat 1-3 or other sensitive natural community identil led in local or. regional plans,policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting 1-3 biological resources, such as a tree preservation policy or X ordinance(e.g. Heritage Trees)? d) Interfere substantially with the movement of any native 1-3 resident or migratory fish or wildlife species or with ' X .established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) ,Confect with the provisions of an adopted habitat 1-3 Conservation Plan,Natural Community Conservation Plan; X or other approved local, regional,,or state habitat conservation plan? f_j Have a substantial adverse effect on federally protected 1-3 wetlands as defined in Section 404 of the Clean Water,Act (including,but not limited to,marshes,vernal pools, etc.) X through direct removal,filling;hydrological interruption, or other means? There would be no substantial change to policies concerning natural communities or species of concern. On-site protection of species listed as rare or endangered would continue to be the preferred means of conservation, with relocation or compensatory mitigation allowed only in limited circumstances.The new element would acknowledge the role of State and Federal endangered species regulations, while for the first time identifying species of local concern and strategies for their protection (a beneficial impact) and emphasize protection of natural habitats and wildlife corridors. 5.CULTURAL RESOURCES. Would the project: `a). Cause a substantial adverse change in the significance-of 1-3 X a historic resource? (See CEQA Guidelines 15064.5) . b) Cause a substantial adverse change in thesigriifcarice of an archeological resource? (See CEQA Guidelines .. 1-3 X 15064.5) c) ` Directly or indirectly destroy a.unique paleontological 1-3 X resource or site or unique geologic feature? I'd) Disturb any human remains,including those'interred 1-3 X outside of formal cemeteries? _ There would be no substantial change to policies concerning cultural resources. 6. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans*?- 1-3 X b) "Use non-renewableresources wastefully_orinefficiently? 1-3 X c) ;flesult in the loss ofavailability"ot aknowri mineral . ` 1-3 resource that would-be of value to the region and the.- X residents of theState? There would be no reduction in overall support for conserving energy or mineral resources. The new element reflects emerging energy and materials conservation programs and technology and refers to existing City land-use and transportation policies that reinforce conservation policies. 5-11 Initial Study Checklist Page 6. Attach i ien Issues and Supporting Information bouroes Sources Potcntiauy Less Tban Less Than No Significant Significant Significant Impact ER# 149-98 Impact With Impact Mitigation Incorporated 7. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial 1-3 adverse effects, including risk of loss, injury or death involving: 1. Rupture of a known earthquake fault,as delineated in the most recent Alquist-Priolo Earthquake Fault 1-3 Zoning Map issued by the State Geologist for the area, X or based on other substantial evidence of a known. fault? 11 Strong seismic:ground shaking? 1-3 X Ill.-Seismic related.ground-failure; including liquefaction? 1-3 X JV. Landslides or mudflows? 1-3 X b). Result in substantial soil erosion or the loss of topsoil? 1-3 X c) Be located on a geologic unit or soil that'is unstable, or 1-3 'that would become unstable as a result of the project,and X potentially result in on-site or off-site landslides,lateral spreading,subsidence, liquefaction,or collapse? . d) 'Be located on expansive soil, as defined in Table 18-1-B 1-3 of the Uniform Building Code(1994),"creating substantial X risks to life or property? The new element clarifies policies on watershed protection and avoidance of unstable geological areas, and refers to the existing General Plan Safety Element. S. HAZARDS AND HAZARDOUS MATERIALS. Would the pro ect: 'a), Create a significant hazard to the public or the 1-3 environment though the routine use,transport or disposal X of hazardous materials? b)' Create a significant hazard to the public or the , 1-3 environment through reasonably foreseeable upset and X accident conditions involving the"release.of hazardous materials into the environment? c) Emit hazardous emissions or haridle'hatardous or acutely 1-3 `hazardous materials;substances,.or waste within one- . X quarter mile of an;existing or proposed school? - d) Expose-people or'structures to existing sources'of 1-3 haiardous emissions or hazardous or acutely hazardous, X materials,substances.or waste? e)`;Be located on a sha which is included on a list of: 1-3 hazardous materials sites compiled pursuant to Government Code Section 65962.5'and, as a result,it X would create a significant hazard to the public or the environment? f) , For a project located within an airport land,use plan, or within two miles of a public airport,would the project result 1-3 X in a safety hazard for the people residing or working in the project area? ' g).- Impair Implementation of,or physically interfere with,the adopted_emergency response plan or emergency 1-3 X evacuation plan? .:.. h) Expose people or structures to a sigriflcaritrisk of loss, injury,or death,Involving 4dland tires, Including Where 1-3 X wildlands are ad'acent to-urbanized.areas otmhere, 5-1D Initial Study Checklist Page 7 0 Attachment 2 Issues and Supporting Information-Sources Sources Potentially Less Than Less Tuan No Significant Significant Significant Impact ER # 149-98 Impact with [mpact Mitigation incorporated residents are intermixed with wildlands? The new element does not change safety policies or programs and refers to the existing General Plan Safety Element. 9. HYDROLOGY AND WATER QUALITY. Would the project. a) Violate any water quality standards or waste discharge 1-3 X requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there 1-3 would be a net deficit in aquifer volume or a lowering of the X local groundwater table level (for example.the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? c) Create or contribute runoff water that would exceed the 1-3 capacity of existing or planned storm-water drainage X systems or provide substantial additional sources of, polluted runoff. d) Substantially alter the existing drainage pattern of the site 1-3 X or area in a manner that would result in substantial erosion or siltation onsite or offsite? e) Substantially alter the existing drainage pattern of the site 1-3 or area in a manner that would result in substantial . X 'flooding onsite or offsite? f) Place housing within a.100-year flood hazard area as 1-3 mapped on a Federal Flood Hazard Boundary or Flood . X Insurance Rate Map or other flood hazard delineation Tmap? g) Place within a 100-year flood hazard area structures which 1-3 X would,impede or redirect flood flows? h Otherwise substantially degrade waterquality? 1-3 X There would be no substantial change to policies concerning water quality. The new element would reflect the existence of the Regional Water Quality Control Board and its plans and regulations. 10. LAND USE AND PLANNING. Would the project: ,a) Conflict with applicable land use plan,policy, or regulation of an agency with jurisdiction over the project adopted for 1-3 X the purpose of avoiding or mitigating an environmental effect? b) Physically divide an established community? 1-3 X c) Conflict with.any applicable habitat conservation .plan or 1-3 X natural community,conservation plans? Revised policies would be consistent with other policies of the City s General Plan, and with the limited-purpose tans of other agencies. 11. NOISE. Would the project result in: a) Exposure of people to or generation of, "unacceptable" 1-3 noise levels as defined by the San Luis Obispo General X Plan Noise Element,or general noise levels in excess of. standards established in the Noise Ordinance? b) A substantial temporary,periodic,or permanent increase 1-3 in ambient noise'levels in the project vicinity above levels X existing without the project? c) Exposure of persons to or generation of excessive ground 1-3 X borne-vibration or ground bome noise levels? d), Fora project located.within an ai. ort.land.use plan, r 1-3 5 -i3 Initial Study Checklist Page 8 9I Attachment 2 Issues and Supporting Information sources Sources Potentially less Tuan Less Tuan No Significant Significant Significant Impact ER# 149-98 Impact with Impact Mitigation Inc ted within two miles of a public airport or public use airport, would the project expose people residing or working in the X ro ect area to excessive noise levels? There would be no change to policies concerning noise. 12 POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either 1-3 directly (for example by proposing new homes or X businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing dwellings or 1-3 X people, necessitating the construction of replacement housing elsewhere? There would be no changes to policies directly affecting population and housing. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of, or need for, new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance ob'ectives for ani r of the public services: a) Fire protection? 1-3 X b)' Police protection? 1-3 X c) Schools? 1-3 X d) Parks? 1-3 X e) Roads and other transportation infrastructure? 1-3 X Other publicfacilities? 1-3 X There would be no substantial change to policies concerning management of open space areas, including provision for public access. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood or regional parks 1-3 or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or 1-3 expansion of recreational facilities,which might have an X adverse Physical effect on the environment? There would be no substantial change to policies concerning recreation and natural resources, though the policy language would be simplified. 15. TRANSPORTATION/TRAFFIC. Would theproject: a) Cause an increase in traffic that is substantial in relation to 1-3 X the existing traffic load and capacity of the street system? b) Exceed,either individually or cumulatively,a level of 1-3 service standard established by the county congestion. X management agency for designated roads and highways? c) Substantially increase hazards due to design features(e.g. 1-3 sharp curves or dangerous intersections)or incompatible X uses(e.g.farm equipment)? d) Result in inadequate emergency access? 1-3 X e) Result in inadequate parking capacity onsite or off'sitel . . 1-3 X f) Conflict with adopted policies supporting alternative 1-3 X transportation (e.g. bus turnouts,bicycle racks)?� g) Conflict with the San Luis Obispo County.Airport,LandUse 1-3 Plan resufting in substantial safety risks from hazards,,. X noise or a char a in air trafficpatterns? The new element would summarize and refer to the existing General Plan Circulation Element, which aims to reduce the energy-use and air-qualfty impacts of mobility. 16. UTILITIES AND SERVICE SYSTEMS. Would the Project: a) Not meet wastewater treatment standards of the 1-3 X V Ijpa_b�e.$egi9nCfttffQM QQLttol13gard?., Initial Study Checklist Page 9 Attachment 2 Issues and Supporting Information Sources Sources Potentially Less Than Less Inum No Significant Significant Significant Impact ER# 149-98 Impact With impact Mitigation Incorporated b) Require or result in the construction or expansion of new 1-3 water treatment,wastewater treatment,or storm drainage X facilities,the construction of which could cause significant environmental effects? c) Have sufficient water supplies available to serve the 1-3 project from existing entitlements and resources, or are X new and expanded water resources needed? d) Result in a determination by the wastewater treatment 1-3 provider which serves or may serve the project that it has X adequate capacity to serve the project's projected demand and addition to the provider's existing commitment? e) Be served by a landfill with sufficient permitted capacity to 1-3 X accommodate the project's solid waste disposal needs? f) Comply with federal, state,and local statutes and . 1-3 X re ulations related to solid waste? The new element would summarize and refer to the existing General Plan Water and Wastewater Management Element. It would reflect local and statewide changes in solid waste management and recycling since the 1973 Conservation Element, and expands materials conservation efforts to reflect emerging materials conservation programs and technology. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality 1-3, 4 of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a X plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? The new element would continue, or make more specific, most City policies intended to avoid impacts to fish and wildlife. One broad policy of the adopted Conservation Element would be eliminated. That policy says: "The long- term protection of the environment should be the guiding criterion in City public policy decisions." Many public policy choices involve environmental trade-offs, such as accommodating certain types of development in the City's designated urban area as opposed to outside it. Other decisions involve choices between convenience or desired levels of consumption on one hand, and environmental quality on the other. Replacing the current overall policy with more specific, focused policies is intended to reflect longstanding City practices and enhance conservation and open space,while not substantially degrading theual' of the environment. b) Does the project have impacts that are individually limited, 1-3,4 but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a. X project are considerable when viewed in connection with the effects of the past projects,the effects of other current roiects and the effects of probable future ro'ects c) Does the project have environmental effects which will1-3,4 cause substantial adverse effects on human beings,either, X directly or indirectly? 5-1 S Initial Study Checklist Page 10 I - Attachfll,),e>rt 2 18. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a Earlier analysis used. Identify earlier analyses and state where they are available for review. This initial study does not rely on earlier analysis. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are °Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the ,address site-specific conditions of the project. 19. SOURCE REFERENCES 1. October 2005 Planning Commission Draft Conservation and Open Space Element 2. March 2005 Planning Commission Review Draft Conservation and Open Space Element 3. General Plan, San Luis Obispo, and included Elements (various adoption dates) 4. 2005 California Environmental Quality Act, CEQA Guidelines 20. MITIGATION MEASURES &MONITORING PROGRAM No mitigation measures are proposed. iivL.l=iwrvallonandopenspaca/ER 14"8 Initial Study Checklist Page I 1 ATTACHMEW3 RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING AND CONSOLIDATING THE CONSERVATION, ENERGY CONSERVATION AND OPEN SPACE ELEMENTS INTO A CONSERVATION AND OPEN SPACE ELEMENT,ADOPTING SAID ELEMENT,AND AMENDING THE CIRCULATION,HOUSING,LAND USE,PARKS AND RECREATION,SAFETY,AND WATER AND WASTE WATER ELEMENT OF THE GENERAL PLAN (GPA/ER 149- 98) WHEREAS,the Council of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 28 and March 21, 2006, for the purpose of considering a Planning Commission recommendation on City application ER/GPA 149-98, a project to update and combine the General Plan Conservation, Energy Conservation and Open Space Elements into one element, a Conservation and Open Space Element (COSE), and to amend the General Plan Circulation, Housing, Land Use, Parks and Recreation, Safety, Water and Wastewater Elements to maintain consistency; and WHEREAS, the City initiated said project to update the Conservation and Energy Conservation Elements, last revised.in 1973 and 1981 respectively, and to update and consolidate conservation-related General Plan policies, reduce redundancy, help maintain internal consistency, maintain or strengthen the environmental safeguards in the General Plan, and make conservation policies and programs easier to find, understand and use; and WHEREAS, State general plan guidelines encourage element consolidation to minimize redundancy, group functionally related goals, objectives and policies, help maintain internal consistency and to keep the general plan to a reasonable size, making the plan both easier to understand and implement; and WHEREAS,the Planning Commission and Council have considered the information and comments pertaining to the update, including the public comments provided verbally at three public workshops and 24 public hearings, in written communications provided to the Commission and Council, and the evaluations and recommendations by staff, presented at said hearings; and WHEREAS, during the course of said hearings the Planning Commission conducted a detailed review of possible General Plan amendments in comparison to the draft COSE to maintain policy continuity and encouraged, considered and responded to public questions, comments and suggested text changes on both the amendments and the Draft Element; and WHEREAS, the project has been evaluated in accordance with the California Environmental Quality Act and pursuant to an initial environmental study (City File.Number ER 149-98), and the Community Development Director has granted a negative declaration of environmental impact; and WHEREAS, the Planning Commission and Council considered the Negative Declaration of environmental impact and the Initial Environmental Study(ER 149-98) on which it was based, and determined that Negative Declaration granted on October 28, 2005 adequately addresses the R /7 l \I Resolution No. (2006 Series) Attachment 3 Page 2 proposed General Plan Element and amendments and determined that policies in March 2006 Draft COSE are substantially consistent with or stronger than those in the October 2005 draft evaluated in the Initial Study. Consequently, the Council has determined that no further environmental review was wan-anted; and WHEREAS, the Council acknowledges the significant contributions of time and expertise provided by community groups in preparing and shaping the Draft Element, including ECOSLO, Santa Lucia Chapter of the Sierra Club, SLO Green Build, California Central Coast Chapter of the American Institute of Architects, San Luis Obispo Chamber of Commerce, and by many individuals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for ER No. 149-98 prepared for the October 2005 Draft Conservation and Open Space Element. This Council has, as a result of its deliberations, Planning Commission recommendation, the initial environmental study, and the evidence presented at hearings on this matter, determined that pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the potential environmental impacts of the Draft Conservation and Open Space Element as revised in the March 2006 Draft COSE. On the basis of this review, Council finds that in light of the whole public record, there is no evidence from which it can be fairly argued that the project, including related General Plan amendments, will have a significant, adverse effect on the environment, and hereby certifies and approves the negative declaration of environmental impact for the Conservation and Open Space Element and related General Plan amendments as recommended by the Planning Commission on February 8, 2006. SECTION 2. Record of Proceedings. The City Council has received and considered the Planning Commission recommendation, minutes from public meetings and workshops, record of public correspondence, and the Planning Commission staff reports on the Conservation and Open Space Element and General Plan amendments. Copies of these items or testimony are on file in the office of the City.Clerk and in the Community Development Department. The Planning Commission held 17 public hearings and three public workshops to consider the draft Conservation and Open Space Element and related documents. In addition, the City Council conducted three public hearings to discuss the Conservation and Open Space Element and related matters. The minutes of those hearings indicate Commission and Council member comments on the Conservation and Open Space Element and are on file in the office of the City Clerk. SECTION 3. Findings. This Council, after considering the March 2006 Draft Conservation and Open Space Element and draft General Plan amendments, the Planning Commission's recommendations, staff recommendations, public testimony and correspondence, and reports thereon, makes the following findings: 1. The proposed Conservation and Open Space Element (March 2006 Draft) will promote 5 _/8. J Resolution No. (2006 series) Attachment 3 Page 3 the public health, safety and welfare by ensuring that policies supporting conservation, energy efficiency, preservation of natural and cultural resources and natural communities, and protection of open_ space resources guide City values, operations and decision-making; and 2. The proposed Conservation and Open Space Element maintains and/or expands the City's important conservation environmental policies and programs, and in combination with the Open Space Ordinance, Creek Setback Regulations and Conservation Plans, upholds the City's role as an environmental steward and leader by updating and consolidating these into a single, easily used and understood document, and 3. The proposed Conservation and Open Space Element reflects the Commission's detailed review of and comparison with possible changes to the Land Use and Open Space Elements, and with the proposed amendments, is consistent with the General Plan. SECTION 4. Approval of the Conservation and Open Space Element. Council hereby approves the Conservation and Open Space Element (March 2006 Draft), as shown in Attachment 3 of the February 28, 2006 Council agenda report, as amended at Council hearings on February 28 and March 21, 2006. SECTION 5. General Plan Amendments. The General Plan is hereby amended to maintain consistency with the Conservation and Open Space Element, as shown in Attachment 4 of the February 28, 2006 Council agenda report. SECTION 6. Publication and Availability. The Community Development Director shall cause the updated Conservation and Open Space Element and amended General Plan elements to be published and provided to City officials, affected agencies, public libraries, and to the public. SECTION 7. Effective Date. The Conservation and Open Space Element shall become effective immediately upon adoption of this resolution. Upon motion of > seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 21st day of March, 2006. David F. Romero,Mayor Resolution No. (2006 Series) J Attachment 3 Page 4 ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jo . Lowell City Attorney Jt✓Uconservationandopenspaceelementiresolutionsicouncilresolution3-2l-06 -4=a C) I February 8; 2006 Attachment Proposed Amendments to the 1994 Circulation Element The Circulation Element, last revised and adopted in November 1994, is hereby updated as shown below. Following are the Circulation Element text items most directly involved with conservation. Only the section on scenic roadways would be changed, mainly by moving it to the new Conservation and Open Space Element. Amend the Circulation Element as shown below: Seenie-Readways G! 14.1i Seenh RegA••_,.,s Covered more specifically by 9.21 G! 14.2, Seeme Roadways Substance moves to 9:22 and Figure 10 CA 34 as Development Along Seenie Roadways q,a4ity of N'iews.- Moves to 9.22.1, 922 and 9.30.2 • Views program D. B) Dek,elepment PFBjeets she G) As pan efth w-aI preeess, bieeking of views moss nee teem s. G! 14.4., Utility 611d CiFeulation Related Equipme Covered more The City and etheF ageneies should o e eReeequs i ut broadly by 9.21.3 with pip and 9.22.1 B\ 0ubfi utilities a4eng highways should be stalled nan 5�-�- I ' Attachment Lf Proposed General Plan Circulation Element Amendments Page 2 G) The ..laeement of 1..ndseaping and ...feet tFees sheuld net 1.1eck ..:e.. fM-M- Qee..:e Ue..te.. Ol.;..te..:.:eof olFeet tees .Je..,. SeeRi6 e.N..e.... D) T-Faffic signals Feadways. _ _ _ Substance moves e ef:eadways t�at eennees F411; ' to 9.22.1 and Obispo with 9.30.1 -9.30.10 ri 14 6, r..e..fie;. of Seenie u:.ti.;. .. and a joining eouRty areas. This suppeft ean happeft whew them. Regional T-FaR peFkatien Plan /DTD\ G! 14.7i lReenlie Highway Designation The City- will advecate that. the Galifemia Depai4ifkent of T-FmspeFtatieR (G&Fe....) 9F4h. Ge....t., de..:gHate e....l:f..:.g segments of Highways 1 101 .....1 Covered by 9.30.2 The City .:Il adopt a stmet a .F:Aef lendse... ing .J.... feF seenie se A...e.... Covered by 9.21.4. 1"digefieus specieS A00,11 he-;ed wiless shown to be iRapffepFioe. G! 1441i AineFtiwatiRN AfRWhAArds Beth the City and the County sheuld efifffee an . Covered by 9.21.3, • and 9.30.8 and 9.30.9 CI 14.12, Bi-HbOBFd and its sign wgkilatie% to Pr8hih_4 -Ale-ag designated scenic roadways. 2 5 a� Attachment February 8, 2006 Proposed Amendments to the 1973 Conservation Element The Conservation Element, adopted July 1973, is hereby updated and wholly incorporated into the March 2006 City Council Hearing Draft Conservation and Open Space Element. JhlUConservationandOpenSpaceElement/ReportAttachments/proposed CONS amendments2-8-06 ��3 �l February 8, 2006 Proposed Amendments to the 2004 Housing Element The Housing Element, last revised and adopted in December 2004, is hereby updated as shown below. 9.2 Programs b and building b b G beals G . This essence of this policy moves to the Conservation and Open Space Element, Policy 4.30.6;following programs will be renumbered. 9.3.' Re e ,he ERR , r l~Ie add—1-e sus lenu, l eneFQ - f9F hath .-r: fl. ell: D .ateh: fO Oii te the,u blir e and e �b �G. .. a e R .. .. This policy to be deleted, since the Energy Conservation Element is incorporated into the COSE 9.3.3 . . b and access reg-alatiefis b This policy is deleted; since solar siting and access standards were evaluated and included in the COSE update: 9.3 Programs This policy moves to the Conservation and Open Space Element, Policy 4.30.6;following programs will be renumbered. 9. .2Revise the Bnefty Element to addi-ess resideRtiifl b 14 130th Hew iwd b dwelling'`' This policy to be deleted, since the Energy Conservation Element is incorporated into the COSE 9.3.4 . . Proposed General Plan Housing Element Amendments f Page 2 This policy is deleted, since solar siting and access standards were evaluated and included in the COSE update. Jh/UConservadonandOpenSpaceElemenVReportAttachments/proposed NOUS amendments2-8-06 2 5 , l _ - February 8, 2006 Proposed Amendments to the 1994 Land Use Element The proposed amendments have been revised to show Planning Commission's changes from the 11/30/05, 12/14/05 and 1/18/06 meetings. These changes are explained in text boxes. Underlined text is added; ;'��u; text is moved (as explained in text boxes) or deleted. Text without underlining or strikeout remains unchanged. Only those pages with text changes are shown below. References are to the March 2006 City Council Hearing Draft Conservation and Open Space Element. The Land Use Element is hereby amended as shown below: INTRODUCTION TO THE LAND USE ELEMENT: The City's General Plan guides the use and protection of various resources to meet community purposes. It reflects consensus and compromise among a wide diversity of citizens' preferences, within a framework set by State law. The General Plan is published in separately adopted sections, called elements, which address various topics. The Land Use Element represents a generalized blueprint for the future of the City of San Luis Obispo. Required by State law, it is the core of the General Plan. Starting with conditions at the time of adoption, the Land Use Element sets forth a pattern for the orderly development of land within the City's planning area. This pattern should be based on residents' preference and on protection of natural assets unique to the planning area. The Element also describes the expected level of population growth resulting from construction of the kinds of housing units included in the plan, as well as the kinds of new commercial and industrial development that are responsive to the City's economic needs. The City's planning area coincides with the County's San Luis Obispo planning area (Figure 1), and can be generally described as extending to the ridge of the Santa Lucias (Cuesta Ridge) on the north and east; the southerly end of the Edna Valley (northern Arroyo Grande Creek watershed boundary) on the southeast; the ridge of the Davenport Hills on the southwest; and the ridge of the Irish Hills, Tum Road in the Los Osos Valley,and Cuesta College in the Chorro Valley on the west. Policies in the Land Use Element and the General Plan Land Use Map are consistent with other General Plan elements. The Housing Element goals, policies, and programs reflect the land use policies as they relate to residential development. The Circulation Element recognizes implications of land use policy on traffic and establishes relevant goals, policies, standards; and implementation measures that address both existing and potential circulation deficiencies. The Safety Element identifies hazards that could affect both existing and future development. The Conservation and Open Space Element addresses protection of open space amenities and resources. The Land Use Element recognizes these potential constraints on land use policy. History The City's first General Plan, including land use and other elements, was adopted in 1961. A revised plan was adopted in 1966, following the County's first adoption of a plan for the San Luis Obispo area in 1965. The City adopted major revisions of its land use element in 1972 and in 1977. The current element is a revision of the 1977 version. s a.�_ 1 Proposed General Plan Land Use Element Amendments / Page 2 Public Participation Before adopting or revising any General Plan element, the Planning Commission and the City Council hold public hearings. The City publishes notices in the local newspaper to let citizens know about the hearings at least ten days before they are held. Also, the City prepares environmental documents to help citizens understand the expected consequences of its planning policies before the hearings are held. The City started work on updating this element with a series of public workshops in 1988. Also, the City took a public opinion survey and established committees to give advice on the element. The City intends to re-evaluate this element about every ten years. Parts of it may be updated more often. There will be annual reports on how the plan has been implemented and changed. Anyone may suggest or apply for an amendment to the General Plan at any time, though there are limits on how often it can be amended. Background to 44is the 1994 Land Use Element Update The Introduction to the 1977 Land Use Element contained a philosophical discussion of existing conditions and issues facing the City. The discussion is still valid today. Its premise is that the City and County, while still relatively rural and apparently capable of providing room for new residents,face some known and several undefined finite resources which may constrain growth. Furthermore, the introduction said, public attitudes towards the desirability of growth had changed since the City's first General Plan; experience with growth had caused citizens and public officials to question whether growth, even well planned, produces benefits worth the social, economic and environmental costs and consequences. On the environmental side, the element stated that key resources known to have finite limits were water supply and air quality. All the basic resources — land, water and air -- can accommodate some additional growth without severe impacts, but eventually and inevitably growth must stabilize and stop, or else exceed resource limitations with destructive social, economic and environmental ramifications. The purpose of the 1977 element, the Introduction said, was to apply planning methodologies to manage the rate and extent of growth so that irreversible environmental problems would not get out of hand before they were recognized. Concerns about environmental quality continue today, and hake i fife. ed T••e'- Ref t a are the basis for much of the Gencral Plan. Votes of residents and the public opinion survey of residents done as part of tkis the General Plan update have strongly reaffirmed the commitment of residents to preserve and enhance the environmental quality of our community. In the years since 1977 additional issues have become better defined. One, for example, is the maintenance of the remaining prime farmland in and around the City. The 1977 Element cited this as one of the primary issues facing planners, but failed to propose a concrete solution. As a result, irreplaceable agricultural land has been lost. This revision The General Plan now proposes solutions to the continued irretrievable loss of this world-class natural asset. Another issue that was less well understood in 1977 is the preservation of important wildlife and native plant habitats_this Fek'isiee The General Plan now proposes fneEheds to begin preservation of such habitats, including planning based on the identification, mapping and monitoring of the community's existing natural assets. This element is an update eantiRuation of the 1977 element; it represents fine tuning rather than a new beginning. Community Values As the 1977 element noted, public attitudes and values are an essential part of what shapes planning 5 � 7 41 Proposed General Plan Land Use Element Amendments Page 3 documents. The residents of San Luis Obispo have expressed strong community values. For the past 2-5 28 years, residents have again and again voiced their desire to preserve environmental assets and control excessive growth. There have been many public votes on such issues, and all have expressed the same set of community values: • In 1972, 70%of city voters rejected by referendum an environmentally-controversial annexation in the Edna Valley, the Danley Annexation. • In June 1978,62%of city voters amended the city Charter by initiative to allow voters to vote yes or no on annexations. • In November 1978, when the first Charter-mandated votes on annexations were held,58% of voters rejected the Foothills annexation, and 56 % the Ferrini annexation. • In 1983, 73% of city voters said the city should protect sensitive Hillsides and consider purchasing open space in order to preserve it. • Also in 1983,69%of city voters said Port San Luis should not be used for offshore oil activities. • In 1985, 71%of voters chose to amend the San Luis Obispo Charter to require that land annexed to the city can only be developed in consistency with the General Plan. • In 1989, 68%of city voters said growth management regulations should apply to all development in the city. • In 1991, 69%of city voters repealed by referendum Council-approved zoning for the Islay Hill/Arbors Tract. • Also in 1991, in the midst of the worst drought in history,56%of city voters said the city should not participate in the State Water Project. • In a 1992 referendum,a similar percentage of city voters rescinded Council approval for joining the State Water Project. , • In 2005, .51.5%n of City voters opposed rezoning for the Marketplace Project, a mixed-use development proposed on prime farmland within the City's Urban Reserve, thereby rescinding previous City development approvals. As voters, the people of San Luis Obispo residents have spoken clearly and consistently on environmental protection and quality of life issues for the past 25 28 years. Citizens spoke equally clearly when polled by the City in 1988 as part of the eget Land Use Element update. The 585 poll respondents placed quality of life and environmental issues at the top of their concerns. Ninety percent.of respondents listed the natural environment as their top quality of life concern. Asked, in an open-ended question, the City's greatest problem, the top response (42%) was excessive growth. (The next largest response, at 15%, was traffic.) Asked, also in an open-ended question, the City's greatest strength, 53% of responses concerned environmental quality and sense of community. Asked what reductions in quality of life they were willing to accept in return for greater economic growth, in the following areas a majority said "none": • air pollution, 83%; • increased traffic and traffic noise, 67%; • development on peaks and hillsides,6M • development on farmland and ranch land,51%; • development harmful to creeks, 67% 3 5 -ate Proposed General Plan Land Use Element Amendments Page 4 • overall pace of life, 51%. Asked to pick a growth rate from listed categories, 85% of respondents picked categories ranging from none (15%) to slower than the state and county (51%) to no faster than the county (19%). Despite such consistent and strong expression of community values, there has been continued, incremental degradation of the natural environment expressly valued by residents of San Luis Obispo. The present Land Use Element must be understood as emerging from the context of the community's past experiences and present attitudes. It is a document that charts a future course of concern with environment, society,economy and quality of life, and responds to the desires of the City's residents. PREAMBLE TO THE LAND USE ELEMENT We the people of San Luis Obispo hold that we have the right to determine our community's destiny based on our community's values; that the future livability of our community will be driven by historical choices made from day to day, and not by inevitable forces beyond our control; that in an age when the livability of large, urban communities to our north, south, and east is being destroyed by incrementally accelerating environmental degradation and the breakdown of civility, we assert our desire to seek a different sort of future for our community; that, therefore, we direct our elected representatives and civic employees to preserve our community's natural environment and control excessive growth detrimental to the long-term sustainability of the community. SAN LUIS OBISPO'S VISION i Our vision is of a sustainable community, within a diverse natural and agrarian setting, which is part of a larger ecosystem upon which its existence depends. San Luis Obispo will maintain its healthy and attractive natural environment valued by residents, its prosperity, and its sense of safety and community, within a compact urban form. Our community will have a comprehensible scale, where people know each other and where their participation in government is welcome and effective. The general plan outlines _basic features of the city needed to sustain our livelihoods, our natural and historical heritage, and our needs for interaction and expression. The general plan is a benchmark in the continuing planning process, reflecting the desires of citizens with different backgrounds to sustain the community's qualities for themselves and for future generations. The City should provide a setting for comfortable living, including work and recreation. The City should live within its resources, preserve the relatively high levels of service, environmental quality and clean air valued by its residents, and strive to provide additional resources as needed. COMMUNITY GOALS Introduction Goals describe desirable conditions. In this context, they are meant to express the community's preferences for basic future directions. In the goal statements, "San Luis Obispo" means the community as a whole, not just the City as a municipal corporation. The statements also indicate what the City should do and what it should influence others to do. The goals state San Luis Obispo's basic positions on the extent, rate, composition, and financing of growth. The following Growth Management section includes policies and 5-a9 I Proposed General Plan Land Use Element Amendments Page 5 programs which offer more specific guidance on these topics. Later sections, dealing with parts of the City and with land-use categories, give more detailed direction on preserving neighborhoods and designing new development. Approach to Planning San Luis Obispo should: 1. Choose its future, rather than let it happen. San Luis Obispo should be proactive in implementing its vision of the future, and should work with other agencies and institutions to create our desired mutual future. Environment San Luis Obispo should: 2. Protect and enhance the natural environment, including the quality of air, water, soil,and open space. 3. Protect, sustain, and where it has been degraded, enhance wildlife habitat on land surrounding the city, at Laguna Lake, along creeks and other wetlands, and on open hills and ridges within the city, so that diverse,native plants, fish, and animals can continue to live within the area. 4. Protect public views of the surrounding hills and mountains. 5. Recognize the importance of farming to the economy of the planning area and the county; protect agriculture from development and from incompatible uses, and protect remaining undeveloped prime agricultural soils. 6. Protect and restore natural landforms and features in and near the city, such as the volcanic morros, hillsides, marshes,and creeks. 7. Foster appreciation among citizens of the complex abundance of the planning area's environment, and of the need to respect natural systems. 8. Identify, map and monitor our community's natural assets to preserve and protect them. Society & Economy San Luis Obispo should be a well balanced community. Environmental, social, and economic factors must be taken into account in important decisions about San Luis Obispo's future. A healthy economy depends on a healthy environment. The social fabric of the community for both residents and visitors must also be a part of that balance. Therefore, complementary to the goals and objectives of this element; the City shall maintain and bi-annually review goals and objectives that promote the economic well being of the community. San Luis Obispo should: 9. Provide employment opportunities appropriate for area residents'desires and skills. 10. Provide goods and services which substantial numbers of area residents leave the area regularly to obtain,provided doing so is consistent with other goals. 5 5� Proposed General Plan Land Use Element Amendments Page 6 11. Retain existing businesses and agencies, and accommodate expansion of existing businesses, consistent with other goals. 12. Emphasize more productive use of existing commercial buildings and land areas already committed to urban development. 13. Provide an adequate revenue base for local government and public schools. 14. Provide high quality public services, ensuring that demands do not exceed resources and that adequate facilities and services can be provided in pace with development. 15. Cooperate with other agencies in the county to assure that increases in the numbers of workers and college and university students in the San Luis Obispo area do not outpace housing availability. 16. Accommodate residents within all income groups. 17. Preserve existing housing which is affordableto residents with very low, low, and moderate incomes. 18. Actively seek ways to provide housing which is affordable to residents with very low, low, and moderate incomes, within existing neighborhoods and within expansion areas. 19. Encourage opportunities for elder care and child care within the city. 20. Enrich community cultural and social life by accommodating people with various backgrounds, talents, occupations, and interests.. 21. Provide a resilient economic base, able to tolerate changes in its parts without causing overall harm to the community. 22. Have developments bear the costs of resources and services needed to serve them, except where the community deliberately chooses to help pay in order to achieve other community goals. 23. Provide for high quality education and access to related services such as museums; art galleries, public art,and libraries. 24. Serve as the county's hub for: county and state government; education; transportation; visitor information; entertainment; cultural, professional, medical, and social services; community organizations;retail trade. 25. Provide a wide range of parks and sports and recreational facilities for the enjoyment of our citizens. 26. Retain accessible, responsive,and capable local government. 27. Ensure that residents' opportunities for direct participation in City government and their sense of community can continue.. City Forst San Luis Obispo should: 28. Maintain the town's character as a small, safe, comfortable place to live, and maintain its rural setting, 5 3� Proposed General Plan Land Use Element Amendments Page 7 with extensive open land separating it from other urban development. 29. Maintain existing neighborhoods and assure that new development occurs as part of a neighborhood pattern. 30. Keep a clear boundary between San Luis Obispo's urban development and surrounding open land. 31. Grow.gradually outward from its historic center until its ultimate boundaries are reached, maintaining a compact urban form. 32. Foster an awareness of past residents and ways of life, and preserve our heritage of historic buildings and places. 33. Develop buildings and facilities which will contribute to our sense of place and architectural heritage. 34. Develop buildings and places which complement the natural landscape and the fabric of neighborhoods. 35. Focus its government and cultural facilities and provide a variety of business services and housing in the downtown. 36. Provide a safe and pleasant place to walk and ride a bicycle,for recreation and other daily activities. 37. Be a safe place to live. GROWTH MANAGEMENT POLICIES 1.0 Overall Intent 1.0.1 Growth Management Objectives The City shall manage its growth so that: A. The natural environment and air quality will be protected. B. The relatively high level of services enjoyed by City residents is maintained or enhanced.. C. The demand for municipal services does not outpace their availability. D. New residents can be assimilated without disrupting the community's social fabric, safety, or established neighborhoods. E. Residents' opportunities for direct participation in City government and their sense of community can continue. 1.0.2 Development Capacity and Services The City will not designate more land for urban uses than its resources can be expected to support. 1.1 Urban Separation Broad, undeveloped open spaces should separate the City from nearby urban areas. This element establishes a final edge for urban development. 1.2 Build-out Capacity Revised on 11/30/05. There should not be major expansion of the urban,reserve line because the Substance of added urban reserve provides adequate capacity for new housing and employment statement moves from up to the City's desired maximum. This element seeks to establish an Open Spade Element ultimate population capacity. OS 13.2.1.6, p. OS-54 1.3 Urban Edges Character The boundary between San Luis Obispo's urban development and surrounding open land should be clear. Development just inside the boundary shall provide measures to avoid a stark-appearing edge between buildings in the city and adjacent open land. Such measures include: using new or existing groves or 7 5�3 a- Proposed General Plan Land Use Element Amendments Page 8 windrows of trees, or hills or other landforms, to set the edge of development; increasing the required side- yard and rear-yard setbacks. 1.4 Jobs/Housing Relationship The gap between housing demand (due to more jobs and college enrollment) and supply should not increase. 1.5 Regional Planning The City will encourage regional planning and growth management throughout the County, and in cooperation with neighboring counties and the State. 1.6 City Size and Expansion 1.6.1 Urban Reserve The City shall have an urban reserve line containing the area around the City where urban development might occur(Land Use Element Map and Figure 2). Urban uses within this line should be developed according to City-approved plans, consistent with this element. Non-urban agricultural, open space, and wildlife corridor uses are also encouraged within the urban reserve, as interim or permanent uses shown on City-approved plans. 1.6.2 Expansion Areas Expansion areas adequate for growth consistent with these policies should be designated within the urban reserve line (Land Use Element Map and Figure 2). 1.6.3 Interim Uses Expansion areas should be kept in agriculture, compatible agricultural support services, or open-space uses until urban development occurs, unless a City-approved specific plan provides for other interim uses. 1.7 Greenbelt (See also Section 6,Resource Protection) Sections 1.7—1.8 1.7.1 Open Space Protection Within the City's planning area and outside retained, as directed the urban reserve line, undeveloped land should be kept open. Prime by PC on 12/14/05 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. 1.7.2 Greenbelt Uses Appropriate greenbelt uses include: watershed; wildlife habitat; grazing; cultivated crops; parks and outdoor recreation (with minimal land or landscape alteration, building, lighting, paving, or use of vehicles, so rural character is maintained); and home sites surrounded by land of sufficient size and appropriately located with respect to topography and vegetation to maintain the open character. 1.7.3,Commercial Uses Commercial development shall not occur, unless it is clearly incidental to and supportive of agriculture or other open-space uses. 1.7.4 Parcel Sizes & Density The City will encourage the County to create no new parcels within the greenbelt, with the exception of those Proposed General Plan Land Use Element Amendments Page 9 permitted under the following cluster incentive. Outside of clusters, allowed parcel sizes within the greenbelt should be no smaller, and the number of dwellings allowed on a parcel should be no more, than designated by the 1989 San Luis Obispo County Land Use Element. 1.7.5 Building Design and Siting All new buildings and structures should be subordinate to and in harmony with the surrounding landscape. The City should encourage County adoption of regulations prohibiting new structures on ridge lines or in other visually prominent or environmentally sensitive locations, and allowing transfer of development rights from one parcel to another in order to facilitate this policy. 1.7.6 Wildlife Habitat Continuous wildlife habitat --including corridors free of human disruption-- shall be preserved and, where necessary,created. 1.7.7 Trees Significant trees, particularly native species, shall be preserved. 1.8 Prime Agricultural Land Sections 1.7— 1.8 1.8.1 Agricultural Protection It is the City's policy to encourage retained, as directed preservation of economically viable agricultural operations and land within by PC on 12/14/05 the urban reserve and city limits. The City should provide for the continuation of farming through steps such as provision of appropriate general plan designations and zoning. 1.8.2 Prime Agricultural Land Development of prime agricultural land may be permitted, if the development contributes to the protection of agricultural land in the urban reserve or greenbelt by one or more of the following methods, or an equally effective method: acting as a receiver site for transfer of development credit from prime agricultural land of equal quantity; securing for the City or for a suitable land conservation organization open space easements or fee ownership with deed restrictions; helping to directly fund the acquisition of fee ownership or open space easements by the City or a suitable land conservation organization. Development of small parcels which are essentially surrounded by urbanization need not contribute to agricultural land protection. 1.9 Residential Clustering for Open Space Protection 1.9.1 Basis for Variation 1.7.4 when: In the greenbelt. the City will allow, and encourage the County to allow, smaller parcel sizes and more dwellings only when: A. All new dwellings will be clustered contiguously in accordance with Table 1; B. The area outside the cluster is permanently protected as open space; C. Agricultural easements are placed on prime agricultural lands outside the cluster. 1.9.2 Means of Protection Open space is to be preserved either by dedication of permanent 9 l� T 1 - y_ I Proposed General Plan Land Use Element Amendments Page 10 easements or transfer of fee ownership to the City, the County, or a responsible, nonprofit conservation organization. TABLE I RESIDENTIAL CLUSTERING FOR OPEN SPACE PROTECTION Minimum non- Minimum site area to be Minimum overall site Maximum lot area(acres) cluster parcel open space,outside cluster area per dwelling size acres (percent) acres 20 80 10 1 30 80 15 1 40 85 20 1 80 90 40 1 160 95 80 2.5 320 or more 95 160 2.5 1.9.3 Public Access Areas preserved for open space should include public trail access, controlled to protect the natural resources, to assure reasonable security and privacy of dwellings, and to allow continuing agricultural operations. Public access through production agricultural land will not be considered, unless the owner agrees. 1.9.4 Design Standards Cluster development shall: A. Be set back approximately 150 feet from public roads; B. Be screened from public views by land forms or landscaping, but not at the expense of habitat. If the visually screened locations contain sensitive habitats or unique resources as defined in the Open Space Element, avoid development in those areas and instead design the cluster in the form of vernacular farm building complexes, to blend with the traditional agricultural working landscape. C. Be located on other than prime agricultural land and be situated to allow continued agricultural use; D. Prohibit building sites and roads within stream corridors and other wetlands, on ridge lines, rock outcrops, or visually prominent or steep hillsides, or other sensitive habitats or unique resources as defined in the Open Space Element. E. Preserve historic or archaeological resources. 1.10 Air- if Fneasures pFepesed at the time this eiement was adopted, Fnitigation Substance moves to 2.30.5 i 7 , Proposed General Plan Land Use Element Amendments Page 11 1.11 Growth Rates & Phasing 1.11.1 Overall Intent Growth rates should provide for the balanced evolution of the community and the gradual assimilation of new residents. Growth must be consistent with the City's ability to provide resources and services and with State and City requirements for protecting the environment, the economy, and open space. 1.11.2 Residential Growth Rate The City's housing supply shall grow no faster than one percent per year, averaged over a 36-month period, excluding dwellings affordable to residents with very low or low incomes as defined in the Housing Element. This rate of growth may continue so long as the City's basic service capacity is assured. Table 2 shows the approximate number of dwellings and residents which would result from the one percent maximum average annual growth rate over the planning period. 1.11.3 Phasing Residential Expansions Before a residential expansion area is developed, the City must have adopted a specific plan or a development plan for it. Such plans for residential expansion projects will provide for phased development, consistent with the population growth outlined in Table 2, and taking into account expected infill residential development within the 1994 City limits.. Though the periods of development of the major residential expansion areas may overlap, the City prefers to complete one neighborhood before beginning another. The sequence of development of the major residential expansion areas will be decided based on the affordability of dwellings, and other public benefits, primarily open space. The-area committing to development of the largest number of dwellings affordable to residents with very low, low, or moderate incomes would be developed first, with open space dedication or other public benefits used to decide the order if two or three areas offer substantially the same housing affordability. The anticipated intervals for the major expansion areas' development are: first area, 1997 -2003; second area,2004 2010; third area, 2011 -2017.. TABLE 2 ANTICIPATED CITY POPULATION GROWTH Year Approximate Maximum Anticipated Number Number of Dwellings of People 1992 18,200 42,800 1997 19,100 45,000 2002 20,100 47,300 2007 21,000 49,700 2012 22,200 52,200.. 2017 23,300 54,900 2022 24;300 57,200 Estimated urban reserve capacity: 57,700** * Includes residents of group housing. 11 5-3� Proposed General Plan Land Use Element Amendments Page 12 ** Includes Cal Poly campus residents, who are inside the urban reserve. but who were outside the City limits in 1994. 1.11.4 Nonresidential Growth Rate Each year, the City Council will evaluate the actual increase in nonresidential floor area over the preceding five years. The Council shall consider establishing limits for the rate of nonresidential development if the increase in nonresidential floor area for any five-year period exceeds five percent, except that the first 300,000 square-feet of nonresidential floor area constructed after 1994 shall be excluded from calculating the increase. Any limits so established shall not apply to: A. Changed operations or employment levels, or relocation or ownership change, of any business existing within the City at the time the limit is set; B. Additional nonresidential floor area within the downtown core(Figure 4); C. Public agencies; D. Manufacturing, fight industrial, or research businesses. 1.12 Educational and Governmental Facilities Near the City 1.12.1 Overall policy Communication and cooperation between the City and nearby government institutions is important and must be maintained, because changes in the numbers of workers, students, and inmates of the three major public institutions near the City directly influence the City's economic base, land use, circulation, and ability to manage growth. The City should continue to work with Cuesta College and Cal Poly to assure that enrollment growth addressed in their approved master plans will not result in any significant adverse impacts on the City. 1.12.2 Cal Poly The City favors Cal Poly's approved master plan enrollment targets. These targets should not be changed in a way that would exceed campus and community resources. The City favors additional on-campus housing, enhanced transit service, and other measures to minimize impacts of campus commuting and enrollment. 1.12.3 California Men's Colony The City supports communication and cooperation between.the City and California Men's Colony (CMC). The City shall continue to work with CMC to identify resource constraints and to avoid adverse impacts of increased inmate population. 1.12.4 Cuesta Community College The City favors measures such as course offerings at satellite campuses and enhanced transit service to avoid housing and commuting impacts of increasing enrollment at Cuesta College. 1.13 Annexation and Services 1.13.1 Water&Sewer Service The City shall not provide nor permit delivery of City water or sewer services to the following areas. However,. the City will serve those parties having valid previous connections or contracts with the City. A. Outside the City limits; B. Outside the urban reserve line; C. Above elevations reliably served by gravity-flow in the City water system; 2 —7 5 -37-, / Proposed General Plan Land Use Element Amendments Page 13 D. Below elevations reliably served by gravity-flow or pumps in the City sewer system. 1.13.2 Annexation Purpose and Timing Annexation should be used as a growth management tool, both to enable appropriate urban development and to protect open space. Areas within the urban reserve line which are to be developed with urban uses should be annexed before urban development occurs. The City may annex an area long before such development is to occur, and the City may annex areas which are to remain permanently as open space. An area may be annexed in phases, consistent with the city-approved specific plan or development plan for the area. Phasing of annexation and development will reflect topography, needed capital facilities and funding, open space objectives, and existing and proposed land uses and roads. (See also Section 7.0,Airport Area.) 1.13.3 Required Plans Land in any of the following annexation areas may be developed only after the City has adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and financing of public facilities for the area. The plan shall provide for open space protection consistent with policy 1.13.5.. A. For the Airport area, a specific plan shall be adopted for the whole area. Until a specific plan is adopted,properties may only be annexed if they meet the following criteria: 1. The property is contiguous to the existing city limits; and 2. The property is within the existing urban reserve line; and 3. The property is located near to existing infrastructure; and 4. Existing infrastructure capacity is available to serve the proposed development; and 5. A development plan for the property belonging to the applicant(s) accompanies the application for annexation;and 6. The applicant(s) agree to contribute to the cost of preparing the specific plan and constructing area-wide infrastructure improvements according to a cost -sharing plan maintained by the City. B. For the Orcutt expansion area, a specific plan shall be adopted for the whole area before any part of it is annexed. C. For the Margarita Area, annexation may occur following the City Council's 1998 approval of a draft specific plan as the project description for environmental review. Except for City parks or sports fields, further development shall not occur until the City has completed environmental review and adopted a specific plan. City parks or sports fields may.be developed before the specific plan is adopted, if environmental review for the park or sports field has been completed, and if the park or sports field is consistent with the General Plan and the draft specific plan most recently endorsed by the City Council. Private properties that are annexed before the specific plan is adopted shall be zoned Conservation/Open Space upon annexation, and shall be zoned consistent with the specific plan when it is adopted. D. For any other annexations, the required plan may be a specific plan, development plan under "PD" zoning,or similar development plan covering the entire area. 13 Proposed General Plan Land Use Element Amendments Page 14 1.13.4 Development and Services Actual development in an annexed area may be approved only when adequate City services can be provided for that development, without reducing the level of services or increasing the cost of services for existing development and for build-out within the City limits as of July 1994, in accordance with the City's water management policies. The water management policies may allow part of the water retrofit credit that would be needed for build-out within the 1994 city limits to be used for annexation projects. Water for development in an annexed area may be made available by any one or any combination of the following: A. City water supply, including reclaimed water; B. Reducing usage of City water in existing development so that there will be no net increase in long-term water usage; C. Private well water, but only as an interim source, pending availability of an approved addition to City water sources,and when it is demonstrated that use of the well water will not diminish the City's municipal groundwater supply. 1.135 Open Space Each annexation shall help secure permanent protection for areas designated Open Space, and for the habitat types and wildlife corridors within the annexation area that are identified in pekey-[I=Uj 6..1-1. the Conservation and Open Space Element. Policies concerning prime agricultural land shall apply when appropriate. The following standards shall apply to the indicated areas: A. Irish Hills Area properties shall dedicate land or easements covering an area in the hills at least equal to the area to be developed..(See also Hillside Planning section 6.2.6.H.) B. Margarita Area properties shall dedicate land or easements covering the hills above the elevation designated in the hillside planning section and riparian and wetlands areas as identified in the Conservation and Open Space Element. (See also Hillside Planning section 6.2.6.E.) C. Orcutt Area properties shall dedicate land or easements covering the Santa Lucia foothills and Mine Hill, as identified in the Conservation.and Open Space Element. D. Airport Area properties shall secure protection for any on-site resources as identified in the Conservation and Open Space Element. These properties, to help maintain the greenbelt, shall also secure open space protection for any contiguous, commonly owned land outside the urban reserve. If it is not feasible to directly obtain protection for.such land, fees in lieu of dedication shall be paid when the property is developed, to help secure the greenbelt in the area south of the City's southerly urban reserve line. E. Dalidio area properties (generally bounded by Highway 101, Madonna Road, and Los Osos Valley Road) shall dedicate land or easements for at least one-half of each ownership that is to be preserved as open space. 6:-F. Foothill Annexation: The northern portion of the Foothill property and the creek area shall be annexed as open space. Development on this site should be clustered or located near Foothill Boulevard, with the northern portion of the site and creek area preserved as open space.. 5 -3� Ir Proposed General Plan Land Use Element Amendments Page 15 G. Other area properties, which are both along the urban reserve line and on hillsides, shall dedicate land or easements for about four times the area to be developed (developed area includes building lots, roads, parking and other paved areas, and setbacks required by zoning). (See also the Hillside Planning policies, section 6.2). 1.14 Costs of Growth The costs of public facilities and services needed for new development shall be bome by the new development, unless the community chooses to help pay the costs fora certain development to obtain community-wide benefits. The City wi11 adopt a development-fee program and other appropriate financing measures, so that new development pays its share of the costs of new services and facilities needed to serve it. 1.15 Solid Waste Capacity In addition to other requirements for adequate resources and services prior to development, the City must determine that adequate solid waste disposal capacity will be available before granting any discretionary land use approval which would increase solid waste generation. PROGRAMS See also Section 10, Implementation 1.16 Countywide Planning 1.16.1 County "RMS" The City will monitor reports of the County "resource management system" and advocate adherence to that system's principle of assuring that there will be adequate resources and environmental protection before development is approved. 1.16.2 Regular Meetings The City will advocate and help arrange annual meetings among decision- makers of local jurisdictions to discuss regional issues. 1.16.3 Plans Summary The City will help keep up to date a summary of the land-use plans of all . agencies in the County, showing areas designated for urban; rural, and open-space uses, and tabulating the capacities for various kinds of uses. 1.16.4 Countywide Group The City will discuss with other jurisdictions the desirability of forming a countywide planning group. This group would be composed of representatives of the County and each city. It could establish a regional plan, to define urban and rural areas and approximate capacities for different types of uses. 1.16.5 Project Review The City will help establish a procedure for all jurisdictions in the County to formally review local projects and general-plan amendments that could have countywide impact. 1.16.6 Regional Growth Management The City will advocate a regional growth-management program, which should include: A. Population growth no faster than the statewide average growth rate for the preceding year, and no faster than can be sustained by available resources and services, whichever is less. B. No significant deterioration in air quality, due to development activities for which local government has approval. C. Plans for large residential developments to include a range of housing types to provide 15 —Z I Proposed General Plan Land Use Element Amendments Page 16 opportunities for residents with very low, low, or moderate incomes. D. Voter approval for any significant change from open space, agriculture, or rural use to urban land uses. 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. Substance 4,17.1 Means of Pr-eteedon The City Will PUFSHe a WidO FaRge Of FReans te moves to: 8.21, ; 8.25, 8.30 and spaee-and eensen,atien Appendix C. ;. . 1-17-2 Funding Th r:... . ill , i � f ' bb ' Y Program moves to 8.30.1.D in Draft COSE as z8flifig) --Rd- deal y4th Otis equity issues -ef_land Okhfflff eO The City will e*p!eFe all -potential funding seumes &Rd other ffeatik,e r re" 1.17.3 Refined Planning Area Map The City will prepare and continue This policy was to maintain a refined Planning Area Map inthe general plan. The City updated and wiliseek to establish and maintain County concurrence for the Map, which retained, as applies to the City's planning area outside the urban reserve, including the directed by the PC City's sphere of influence. The map shall show: on 12/14/05 A. Areas to be kept in permanent open space, including scenic lands, sensitive wildlife habitat,and undeveloped prime agricultural land. B. Existing uses other than open space, relatively far from the City's urban reserve line, which may be maintained but which should not be Proposed General Plan Land Use Element Amendments Page 17 expanded or made more intense, including institutional uses such as California Men's Colony, Camp San Luis Obispo, and Cuesta College, and scattered residential and commercial developments. C. Existing uses other than open space which may be considered for inclusion within the urban reserve line during the ten-year updates of this element, such as nearby groups of rural homesites; D. Any existing uses other than open space which should be changed, relocated, or removed to allow restoration of the natural landscape or agricultural uses. 1174 Cl..s„_ Diss..:,. The G 1 ld 1 County adopt .maaateFyelasteF diStFiet„ ' Substance moves " to: 8.25.3.E G and `j �" iccioi, co -iulp,eucvin—rvricicr _ H i 1- 1-11-- The City FeeftRiEeS the „ 1.18.1 Model City Quality moves to COSE 1 1SL3 Model City The Gitywill 1 a ffi8t t c P811titiffil e8HtFBI & Goal 2.21.2; 45. 1.18.2 Helping the Air District moves to COSE and be integrated with 1.18.2 Helping the AiF n,S.Fiet A10FIg With ether agenei'es and program 2.30.2. the City wiil-help the Air, PeliutieA Gentrel Dist updat aril--ift¢IMOW the^EeenFy-Clean fir 8-811 The Citi, werleirg 414 Feduee the numbef: of single seeupam tFiPS in gaseline and diesel fueled Pely and Guesta College. 1.18.3 Develop • n The City shall 1 ti 1. n Pellutieft Development CONSERVATION AND DEVELOPMENT OF RESIDENTIAL NEIGHBORHOODS (POLICIES 2.1 Neighborhood Protection and Enhancement 2.1.1 Neighborhood Identity The city shall assist residents to identify and designate neighborhoods. The city will work with residents to prepare neighborhood plans, to facilitate development of a sense of place within neighborhoods. 2.1.2 Neighborhood Groups The City should encourage and support the formation and continuation 17 5 - a Proposed General Plan Land Use Element Amendments Page 18 of neighborhood planning groups,composed of neighborhood residents. 2.1.3 Neighborhood Traffic Neighborhoods should be protected from intrusive traffic. All neighborhood street and circulation improvements should favor the pedestrian and local traffic. Vehicle traffic on residential streets should be slow. To foster suitable traffic speed, street design should include measures such as narrow lanes, landscaped parkways, traffic circles, textured crosswalks,and, if necessary, stop signs, speed humps, and bollards. 2.1.4 Neighborhood Connections All areas should have a street and sidewalk pattern that promotes neighborhood and community cohesiveness. There should be continuous sidewalks or paths of adequate width, connecting neighborhoods with each other and with public and commercial services to provide continuous pedestrian paths throughout the City. (See also the Circulation Element.) 2.1.5 Neighborhood Open Links The City should treat streets, sidewalks, and front setbacks as a continuous open link between all areas of the City and all land uses.These features should be designed as amenities for light, air, social contact, and community identity. 2.2 Residential Location,Uses,and Design 2.2.1 Mixed Uses & Convenience Neighborhoods shall include a mix of uses to serve the daily needs of nearby residents, including schools, parks; churches, and convenience retail stores. Neighborhood shopping and services should be available within about one mile of all dwellings. When nonresidential, neighborhood-serving uses are developed,existing housing shall be preserved. If existing dwellings are removed for such uses, the development shall include replacement dwellings. 2.2.2 Separation and Buffering Residential areas should be separated or screened from incompatible; nonresidential activities, including most commercial and manufacturing businesses, traffic arteries, the freeway,and the railroad. Residential areas should be protected from encroachment by detrimental commercial and industrial activities. 2.2.3 Housing and Aircraft New housing should. not be allowed in areas where aircraft noise exposure and the risk of aircraft accidents are not acceptable. 2.2.4 Residential Next to Non-residential In designing development at the boundary between residential and non-residential uses; protection of a residential atmosphere is the first priority. 2.2.5 Street Access New residential developments, or redevelopments involving large sites, should be designed to orient low-density housing to local access streets, and medium-or high-density housing to driveways accessible from collector streets. Major arterials through residential areas shall provide only limited private access or controlled street intersections. 2.2.6 Neighborhood Pattern All residential development should be integrated with existing neighborhoods. Where physical features make this impossible, the new development should create new neighborhoods. 2.2.7 Housing and Businesses Where housing can be compatible with offices or other businesses, mixed-use projects should be encouraged. 5 -�{3 i I rl Proposed General Plan Land Use Element Amendments Page 19 2.2.8 Natural Features Residential developments should preserve and incorporate as amenities natural site features, such as land forms, views, creeks, wetlands, wildlife habitats, and plants. 2.2.9 Parking Large parking lots should be avoided. Parking lots should be screened from street views. In general, parking should not be provided between buildings and the street. 2.2.10 Compatible Development Housing built within an existing neighborhood should be in scale and in character with that neighborhood. All multifamily development and large group-living facilities should be compatible with any nearby, lower density development. A. Architectural Character New buildings should respect existing buildings which contribute to neighborhood historical or architectural character, in terms of size, spacing, and variety. B. Privacy and Solar Access New buildings will respect the privacy and solar access of neighboring buildings and outdoor areas, particularly where multistory buildings or additions may overlook backyards of adjacent dwellings. (See also the EneFgy Conservation and Open Space Element.) 2.2.11 Site Constraints Residential developments shall respect site constraints such as property size and shape, ground slope, access, creeks and wetlands, wildlife habitats, native vegetation, and significant trees. i 2.2.12 Residential Project Objectives Residential projects should provide: A. Privacy, for occupants and neighbors of the project; B. Adequate usable outdoor area, sheltered from noise and prevailing winds, and oriented to receive light and sunshine; C. Use of natural ventilation, sunlight,and shade to make indoor and outdoor spaces comfortable with minimum mechanical support; D. Pleasant views from and toward the project; E. Security and safety; F. Separate paths for vehicles and for people, and bike paths along collector streets; G. Adequate parking and storage space; H. Noise and visual separation from adjacent roads and commercial uses. (Barrier walls, isolating a project, are not desirable. Noise mitigation walls may be used only when there is no practicable alternative. Where walls are used, they should help create an attractive pedestrian, residential setting through features such as setbacks, changes in alignment, detail and texture, places for people to walk through them at regular intervals, and planting.) I. Design elements that facilitate neighborhood interaction, such as front porches, front yards along streets, and entryways facing public walkways. J. Buffers from hazardous materials transport routes, as recommended by the City Fire Department. 2.2.13 Non-residential Activities Residential areas may accommodate limited non-residential activities which generally have been compatible, such as child day care, elementary schools, churches, 19 p I Proposed General Plan Land Use Element Amendments Page 20 and home businesses meeting established criteria. 2.3 Residential Expansion Areas 2.3.1 Specific Plans Specific plans for the Margarita Area and Orcutt Area residential expansions shall include: A. Desired types and intensities of development, compatible with the surrounding area; B. Phasing of development and public facilities, subject to availability of resources; C. Measures to protect resources and open space, including, among other types, permanent wildlife habitats and corridors,and farm fields; D. Desired types of public facilities and the means to provide them, to City standards, including water supply, sewage collection, storm water drainage, streets, bikeways, walking paths, and passive and active park space; E. Desired levels of public services and the means to provide them, including fire, police, and schools; F. A variety of owner and rental housing, including a broad range of prices, sizes, and types. (See also policy 2.5 below.) G. Trees to help reduce wind exposure, and water-frugal landscaping; H. Public parks and open space, and other land that is not to be built on, such as yards, and community gardens for multifamily areas; I. Dual water systems allowing use of treated wastewater for non-potable uses. J. Energy efficient design, utilizing passive and active solar features; K. Amenities to facilitate public transportation within the area; L. Opportunities for individuals or small groups, other than the specific plan developer, to build homes or to create living environments suited to small groups or to special needs. 23.2 Separate Paths Within the major expansion areas, bicycle and walking paths which are separate from roadways should connect residential areas with neighborhood commercial centers, schools,parks and, where feasible, other areas of the City. 2.33 Residential Neighborhood Designation The major residential expansion areas are shown as Residential Neighborhood on the General Plan Land Use Map. They may be developed as adequate utilities and services are made available. They should be developed as residential neighborhoods, with a wide range of housing types and costs, and supporting uses such as small parks, elementary schools, and shopping and services to meet the daily demands. of neighborhood residents. The estimated residential capacities of the major expansion areas are shown in Table 3. These capacities are based on the amount of land suitable for development according to policies of this element, and average densities on the housing sites in the range of eight to ten dwellings per acre (excluding public streets, parks,and other land dedicated to public use). 2.3.4 Transfer of Development Credits For each major expansion area, Table 3 indicates a low capacity which may be developed without transfer Proposed General Plan Land Use Element Amendments Page 21 of development credits and a high capacity which may be used with transfer of development credits. Development credits would be transferred from areas in the City, the urban reserve, or the greenbelt where development would be less appropriate, generally those designated conservation/open space or, on the County's map,agriculture or rural lands. TABLE 3 RESIDENTIAL CAPACITY OF MAJOR EXPANSION AREAS Approximate Number of Dwellin s Name of Area Low High Irish Hills 500 500 Margarita 1,100 1,200 Orcutt 500 700 2.4 Residential Density 2.4.1 Density Categories The following residential density categories are established (Table 4). Residential density is expressed as the number of dwellings per acre of net site area within the designation. In determining net area, the following types of areas are excluded`. sensitive features such as creeks, habitats of rare or endangered plants and animals,and significant trees; land dedicated in fee to the public for streets or neighborhood parks. For the categories other than Rural, Suburban, and Low-Density Residential,densities are expressed in terms of a standard two-bedroom dwelling. This approach is intended to achieve population densities approximately like those indicated. More or fewer dwellings having different bedroom counts may be built depending on the number of people expected to live in a project, as indicated by the number of bedrooms. The population-density standards also apply to group residential facilities. (For allowed residential development in Office, commercial, and manufacturing districts, see the sections concerning those districts.) 2.4.2 Density Bonuses The City may approve a density bonus for a project which will: A. Be a receiving site, within expansion areas or the downtown commercial core only, for development credit transferred to protect open space; B. Provide for the minimum percentage of dwellings for elderly or affordable to the income groups specified in State law. TABLE 4 RESIDENTIAL DENSITIES Average Maximum Category Population Density Dwelling Density (People Per Acre) (Units Per Acre) Rural .16 .1 (Idu/10 ac) Suburban 1.6 1 Low 20 - 7 Medium 25 12 21 5 -4� Proposed General Plan Land Use Element Amendments Page 22 Medium-High 40 18 High 55 24 2.4.3 Density Reductions The allowed density of residential development shall decrease as slope increases. The City may require a residential project to have fewer units than generally allowed for its density category (Table 4), upon finding that the maximum density would have adversenvironmental impacts or cause significant adverse impacts on the health, safety, or welfare of future rsidents of the site, neighbors,or the public generally. 2.4.4 Rural Residential development consists of not more than one dwelling per ten acres. Suburban residential development consists of not more than one dwelling per acre. These residential categories are appropriate for areas that have been developed, or subdivided to allow such development, within predominantly open space areas near the edges of the City. These areas generally were subdivided under County jurisdiction, and are beyond City services.They will be limited to areas shown for such use in the 1989 County Land Use Element. (See also Greenbelt policies.) 2.4.5 Low-Density Residential development should be primarily dwellings having locations and forms that provide a sense of both individual identity and neighborhood cohesion for the households occupying them. Such dwellings are generally detached, one- or two-story buildings, with private outdoor space separating them from neighboring dwellings. Other uses which are supportive of and compatible with these dwellings, such as parks, schools, and churches, may be permitted. Low-density development is appropriate within and next to neighborhoods committed to this type of development. 2.4.6 Medium-Density Residential.development should be primarily dwellings having locations and forms that provide a sense of both individual identity and neighborhood cohesion for the households occupying them, but in a more compact arrangement than Low-Density Residential. Such dwellings are generally one- or two-story detached buildings on small lots, or attached dwellings, with some private outdoor space for each dwelling. Other uses which are supportive of and compatible with these dwellings, such as parks, schools, and churches, may be permitted. Medium-density development is appropriate as a transition from low-density development to higher densities. 2.4.7 Medium-High Density Residential development should be primarily attached dwellings in two- or three-story buildings, with common outdoor areas and very compact private outdoor spaces. Other uses which are supportive of and compatible with these dwellings, such as group housing, parks, schools, and churches, may be permitted. Such development is appropriate near employment centers and major public facilities. 2.4.8 High-Density Residential development should be primarily attached dwellings in two-or three- story buildings, with common outdoor areas and very compact private outdoor spaces. Other uses which are supportive of and compatible with these dwellings, such as group housing, parks, schools, and churches, may be permitted. Such development is appropriate near the college campus, the downtown core,and major concentrations of employment. This section is replaced by language in numerous sections of the 2004 Housing Element. Proposed General Plan Land Use Element Amendments Page 23 The City Will help eanseRe and ifleFease Fesideatial appeFtUflitie-1; fqr fkasidARts wi_ N,ery law, iew,-oF .0heil"091 iAN'_'_de a wide Fange of heHsing types and eests te meet the seeds of inrnmp ipupiq ;I housing pi;efer-eAees. 2.6 Residential Land Protection 16.1 Large Areas Substantial areas designated for residential use should not be changed to nonresidential designations. 2.6.2 Boundary Adjustments The City may adjust land-use boundaries in a way that would reduce Land designated as residential,only if: A. A significant, long-term neighborhood or citywide need, which outweighs the preference to retain residential capacity, will be met, and; B. The need is best met at the proposed,location and no comparable alternative exists. 2.7 Student and Campus Housing 2.7.1 Cal Poly California Polytechnic State University campus should provide housing opportunities for both faculty and students. Existing on-campus housing should be retained. On-campus housing should increase at least as fast as enrollment, so the proportion of students living on campus can remain the same as in 1992. 2.7.2 Cuesta College The City should encourage Cuesta College to facilitate student housing. 2.7.3 Amenities Multifamily housing likely to be occupied by students should provide the amenities which students seek in single-family areas, to provide an attractive alternative. 2.7.4 Location Housing likely to attract faculty or students should be encouraged to locate close to Cal Poly,to reduce commute travel. 2.7.5 Fraternities & Sororities Fraternities and sororities should be located, in order of preference, (1)on campus, (2) in medium-high and high-density residential areas near the campus. 2.8 Group Housing 2.8.1 Large group housing other than fraternities and sororities, such as retirement homes or homes for handicapped, should not be located in low-density residential areas.. They may be located, but not concentrated, in medium-density residential areas. They may be concentrated in medium-high or high- density residential areas, or in suitable commercial or light-industrial areas, where services are convenient. Each large group housing proposal shall be evaluated through use-permit review. 2.8.2 Small residential care facilities should be treated the same as individual houses. 23 Proposed General Plan Land Use Element Amendments Page 24 2.9 Old Town In downtown residential areas (Figure 4), the City should encourage the rehabilitation and maintenance of existing housing: Additional dwellings may be permitted, in keeping with density limits, provided that the existing character of the area is not significantly changed. Demolition of structurally sound dwellings shall be strongly discouraged. PROGRAMS (See also Section 10, Implementation) 2.10 Updating &Enforcing Standards 2.10.1 The City will review, revise if deemed desirable, and enforce noise, parking, and property- development and property-maintenance standards. Staff to adequately enforce these standards will be provided. 2.10.2 The City will adopt and implement property-maintenance regulations, focused on proper enclosure of trash, appearance of yards and buildings from the street, and storage of vehicles. The regulations will be periodically reviewed and updated. 2.11 Multifamily Preferences& Standards 2.11.1 The City will evaluate student housing preferences and consider revising development standards to better meet them in multifamily housing near campus. 2.11.2 The City will review, and revise if deemed desirable, its standards for multifamily housing so that apartments will provide usable open space and storage similar to the requirements for condominiums. 2.12 Downtown Residential Development The City will consider adopting special development standards to guide addition of dwellings within downtown residential areas, to implement policy 2.9. The following should be included when evaluating new standards for this area: A. A new density category between the current Low-Density (R-1) and Medium-Density (R-2) designations; B. Requirements that new dwellings on lots with existing houses be above or behind the existing houses, and that the added building area be modestly sized and of .similar architecture in comparison with the principal residences on the site and in the surrounding area; C. Requiring new buildings to reflect the mass and spacing of existing, nearby buildings; D. Requiring special parking and coverage standards; E. Requiring minimum amounts of usable open space. 2.13 Affordable Housing 5 -`f9 Proposed General Plan Land Use Element Amendments Page 25 The City will adopt inclusionary-housing and development-fee ordinances consistent with the Housing Element. 2.14 Neighborhood Compatibility The City will consider new regulations, for Low-Density and Medium-Density Residential areas, to require special review for (1) incompatibly large houses, (2) replacement or infill homes in existing neighborhoods, and (3) accessory buildings with plumbing facilities allowing easy conversion to illegal second dwellings. 2.15 Neighborhood Wellness Action Plans To help residents preserve and enhance their neighborhoods, the City will: A. Identify neighborhoods, and work with residents to prepare neighborhood plans that empower them to shape their neighborhoods; B. Help devise strategies to help stabilize the rental/owner ratio, to maintain neighborhood character, safety,and stability; C. Help identify neighborhood problems, and undertake a wide range of focused development- review, capital-improvement,and code-enforcement efforts; D. Encourage the formation of voluntary neighborhood groups, so residents can become involved early in the development review process; E. Involve residents early in reviewing proposed public and private projects that could have neighborhood impacts, by notifying residents and property owners and holding meetings at convenient times and places within the neighborhoods. F. Provide appropriate staff support, possibly including a single staff person for neighborhood issues, and train all staff to be sensitive to issues of neighborhood protection and enhancement. 2.16 Residential Densities The City will evaluate alternatives to the current maximum number of dwelling units per acre (based on bedroom count) and height and setback standards, to regulate residential building intensity, and bulk and mass. Floor area limits will be considered.. COMMERCIAL & INDUSTRIAL DEVELOPMENT POLICIES 3.0 Commercial Siting 3.0.1. Slope Commercial and industrial uses should be developed in appropriate areas where the natural slope of the land is less than ten percent. 3.0.2. Access Commercial and industrial uses should have access from arterial and collector streets, and should be designed and located to avoid increasing traffic on residential streets. 3.0.3. Residential Area Expansion of commercial and industrial uses into residential areas is 25 11 u I Proposed General Plan Land Use Element.Amendments Page 26 prohibited. 3.1 General Retail .3.1.1 Purpose and Included Uses The City should have areas for General Retail uses adequate to meet most demands of City and nearby County residents. General Retail includes specialty stores as well as department stores, warehouse stores, discount stores, restaurants, and services such as banks. Not all areas designated General Retail are appropriate for the full range of uses (see policies 3.1.2 and 3.1.5). 3.1.2 Locations for Regional Attractions The City should focus its retailing with regional draw in the locations of downtown, the area around the intersection of Madonna Road and Highway 101, and the area around Highway 101 and Los Osos Valley Road. 3.13 Madonna Road Area Retail Expansion No substantial additional land area should be added to the commercial centers at Madonna Road and Highway 101 until a detailed plan for the retail expansion has been approved by the City. The plan should describe the limits of commercial expansion, acceptable uses, phasing, and circulation improvements. Any permitted expansion should be aesthetically and functionally compatible with existing development in the area. Before approving an expansion plan, the City should consider an evaluation of how much it would transfer sales from existing retail areas in the City and whether the proposed uses could be developed in existing retail areas. 3.1.4 Mid-Higuera Enhancement The City shall consider the potential enhancement of underutilized commercial land along Higuera Street between Madonna Road and High Street. (See also Special Design Area, policy 8.5.) 3.1.5 Specialty Store Locations Most specialty retail stores should be downtown, in the Madonna Road area, or the Los Osos Valley Road area; some may be in neighborhood shopping centers so long as they are a minor part of the centers and they primarily serve neighborhood rather than citywide or regional markets. 3.1.6 Building Intensity The ratio of building floor area to site area shall not exceed 3.0, except that downtown sites which receive transfers of development credits for open space protection shall not exceed 4.0. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. When dwellings are provided in General Retail districts, they shall not exceed 36 units per acre. So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site. (See the residential section for policies on density bonuses for affordable housing.) 3.2 Neighborhood Commercial 3.2.1 Purpose and Included Uses The City should have areas for Neighborhood Commercial uses �' i JI/ Proposed General Plan Land Use Element Amendments Page 27 to meet the frequent shopping demands of people living nearby. Neighborhood Commercial uses include grocery stores, laundromats, and drug and hardware stores. Neighborhood Commercial centers should be available within about one mile of all residences. These centers should not exceed about eight acres, unless the neighborhood to be,served includes a significant amount of high density residential development: Specialty stores may be located in Neighborhood Commercial centers as long as they will not be a major citywideattraction or displace more general,convenience uses. 3.2.2 New or Expanded Centers New or expanded Neighborhood Commercial centers should: A. Be created within, or extended into,adjacent nonresidential areas; B. Provide uses to serve nearby residents,not the whole City; C. Have access from arterial streets, and not increase traffic on residential streets; D. Have safe and pleasant pedestrian access from the surrounding service area, as well as good internal circulation; E. Provide landscaped areas with public seating; F. Provide indoor or outdoor space for public use, designed to provide a focus for some neighborhood activities. 3.23 Expanding Centers The City should evaluate the need for and desirability of additions to existing neighborhood commercial centers only when specific development proposals are made, and not in response to rezoning requests which do not incorporate a development plan. 3.2.4 Stores in Residential Areas Small, individual stores within established residential areas may be retained when they are compatible with surrounding uses. Other isolated commercial uses which are not compatible with residential surroundings eventually should be replaced with compatible uses. 3.2.5 Building Intensity The ratio of building floor area to site area shall not exceed 2.0. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances..Arch itectural'review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. When dwellings are provided in Neighborhood Commercial districts, they shall not exceed 12 units per acre. So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site: (See the residential section for policies on density bonuses for affordable housing.) 3.3 Offices 3.3.1 Purpose and Included Uses The City should have sufficient land for Office development to meet the demands of City residents and the specialized needs of County residents. Office development includes professional and financial services (such as doctors,architects, and insurance companies and banks) and government agencies. The City should retain the regional offices of state and federal agencies. Not all types of offices are appropriate in all locations. (See office location policies below. Also see the Public Facilities section.) 33.2 Office.Locations A. All types of offices are appropriate in the downtown General Retail district, but are 27 5 -S a ,t r� Proposed General Plan Land Use Element Amendments Page 28 discouraged at street level in storefronts of the commercial core. B. All types of office activities are appropriate in the Office district which surrounds the downtown commercial area, though offices needing very large buildings or generating substantial traffic may not be appropriate in the area which provides a transition to residential neighborhoods. C. Medical services should be near the hospitals. D. Government social services and the regional offices of state and federal agencies should be near the intersections of South Higuera Street, Prado Road,and Highway 101 (Figure 5); E. Large offices, with no single tenant space less than 2,500 square feet, and having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts, subject to approval of a Planned Development zoning application. F. Certain business and professional services having no substantial public visitation or limited need for access to downtown government services may be in Services and Manufacturing districts. Examples of such uses are computer services, utilities engineering and administration, architects and engineers, industrial design, advertising, building contractors, labor and fraternal organizations, veterinarians, and insurance and financial services that do not directly serve retail customers. 3.3.3 Offices Outside Designated Areas Existing office buildings outside the areas described in policy 3.3.2 may continue to be used and may have minor expansions if they: A. Have access directly from collector or arterial streets, not local residential streets; B. Will not significantly increase traffic in residential areas; C. Will not have significant adverse impacts on nearby uses. Substance moved to 3.21 3.3.5 Building Intensity The ratio of building floor area to site area shall not exceed 1.5. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. When dwellings are provided in Office districts, they shall not exceed 12 units per acre. So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site. (See the residential section for policies on density bonuses for affordable housing.) 3.4 Tourist Commercial 3.4.1 Basis for Tourism The City should be an attractive place for short-term stays, as well as an attractive destination for long-term visitors. The City should base its attraction on the character of the community, its natural qualities, and its educational and cultural facilities. The City should emphasize conference and visitor-serving facilities which have a low impact upon the environment and upon existing land forms and landscapes, and which provide low-impact visitor activities and low-impact 5 -S� h Proposed General Plan Land Use Element Amendments Page 29 means of transportation. 34.2 Locations Visitor-serving uses should be integrated wiih other types of uses; including overnight accommodations downtown, near the airport, and near the train station; small-scale facilities (such as hostels or bed-and-breakfast places) may be located in Medium-High Density Residential and High-Density Residential Districts, where compatible. Visitor-serving uses are especially appropriate where such uses have already concentrated: along upper Monterey Street at the Madonna Road area; at certain freeway interchanges; and in the downtown. 3.43 Appropriate Uses, Tourist Commercial uses are those which primarily serve the traveling public. Tourist Commercial areas should accommodate motels, restaurants, service stations, recreational uses, and minor retail sales for the convenience of travelers. To assure adequate space for visitor-serving uses, areas designated Tourist Commercial should not include offices, general retail stores,auto repair, or business services. 3.4.4 Residential Neighbors Site planning, building design, and types of activities for new tourist- commercial development adjacent to residential areas should be carefully reviewed by the Architectural Review Commission, the Planning Commission, or both,to assure compatibility. 3.4.5 Building Intensity The ratio of building floor area to site area shall not exceed 2.5. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. When dwellings are provided in Tourist Commercial districts, they shall not exceed 12 units per acre. So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site. (See the residential section for policies on density bonuses for affordable housing.) 35 Services and Manufacturing 3.5.1 Purpose The City should have sufficient land designated for Services and Manufacturing to meet most demands of the City, and some demands of the region, for activities such as business services, wholesaling, building contractors, utility company yards, auto repair, printing, food manufacturing and other light manufacturing, and retail sales of large items, bulk quantities, and items often stored outdoors (vehicles, building materials, plants). Areas reserved for these uses may also accommodate convenience restaurants and other activities primarily serving area workers. 35.2 Appropriate Uses The following types of uses are appropriate in areas designated Services and Manufacturing. Certain areas designated Services and Manufacturing may be reserved through special zoning provisions for certain types of uses, to assure compatibility among the wide range of potential uses, and to assure adequate land for certain types of uses. A. Wholesaling, warehousing,and storage; B. Vehicle sales and rental; C. Retail sales of products which require outdoor areas or large floor areas for display and storage, such as warehouse stores, lumber and building materials dealers, home improvement 29 s sy Proposed General Plan Land Use Element Amendments Page 30 centers, furniture and appliances stores, and plant nurseries; D. Repair shops, printing services, laundries, animal hospitals, sporting goods stores, auto parts stores,and some recreation facilities; E. Light manufacturing, research and development, and laboratories. (See also 'Business Parks" in the Airport section.) F. Large offices, with no single tenant space less than 2,500 square feet, and having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts, subject to approval of a Planned Development zoning application. G. Certain businesses and professional services having no substantial public visitation or limited need for access to downtown government services may be in Services and Manufacturing districts. Examples of such uses are computer services, utilities engineering and administration, architects and engineers, industrial design, advertising, building contractors, labor and fraternal organizations, veterinarians, and insurance and financial services that do not directly serve retail customers. 3.5.3 General Retail and Neighborhood Commercial Uses New specialty stores, department stores, or neighborhood commercial centers should not be developed in Service and Manufacturing areas. However,existing uses such as supermarkets and drugstores may be expanded if: A. They are compatible with nearby uses; B. The expanded use will not divert trade from other general-retail or neighborhood-commercial areas which are better located to serve the expected market area. 3.5.4 Access Access to Service and Manufacturing areas should be provided by commercial collector streets, to avoid customer traffic on residential streets or delivery routes which pass through residential areas. Driveway access onto arterial streets should be minimized. 3.5.5 Air & Water Quality Industries locating or expanding in San Luis Obispo shall comply with all applicable air-quality and water-quality regulations. 3.5.6 Utility Service Services and Manufacturing uses should connect to the City water and sewer systems,unless other means of providing service are identified in a City-adopted plan. 3.5.7 Vehicle Sales A. Auto Park Way The City intends to create around Auto Park Way an easilyaccessible and attractive auto sales and service center. The City will reserve about 50 acres total for vehicle sales in this arra, including the areas shown in Figure 3. (This amount is expected to be sufficient for relocation. of dealerships located elsewhere in the City, plus expansion of dealerships in proportion to projected County population growth.) The areas shown for vehicle sales should be reserved for that use at least until the anticipated year 2004 update of this element, when the amount of reserved land may be reconsidered. If a plan for vehicle sales expansion onto prime agricultural soils is approved, it shall provide s-ss `/ Proposed General Plan Land Use Element Amendments Page 31 for permanent preservation of prime soils, within the urban reserve or greenbelt. If a plan for vehicle sales expansion into wetland or creek areas is approved, mitigation shall consist at least of restoration and permanent preservation, within the urban reserve or greenbelt, consistent with the Conservation and Open Space Element. B. Other Areas Auto sales in areas of the City other than Auto Park Way should be minimized, in order to reinforce the auto sales center and to maximize space for other uses in other locations. 35.8 Building Intensity The ratio of building floor area to site area shall not exceed 1.5. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures.for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. Dwellings may be provided only as caretaker quarters, as shelters (with discretionary review), or as part of a specially approved mixed-use development. The appropriate residential density would be set considering the maximum residential density allowed in any neighboring residential area. (Also, see the residential section for policies on density bonuses for affordable housing.) 3.6 Overall 3.6.1 Dependent Care New development should be offered incentives for provision of child care and elder care for employees. 3.6.2 Convenience Facilities Convenience facilities serving daily needs, such as small food stores, branch banks, and child and elder care, and amenities such as picnic areas, will be allowed in centers of employment. Space for such amenities may be required within large commercial and industrial developments. 3.7 Mixed Uses Compatible mixed uses in commercial,districts should be encouraged. PROGRAMS See also Section 10, Implementation [All programs should be numbered 3.8.x.] 3.7.1 Zoning Regulations The City will amend its Zoning Regulations to implement the commercial and industrial policies. 3.7.2 Planned Development Zoning The City will amend the Zoning Regulations so the "planned development" approach can be used on any size parcel, in any commercial or industrial zone. 3.7.3 Neighborhood Uses The City will rezone to Neighborhood. Commercial existing Service Commercial sites which have become neighborhood convenience centers, ifi (1) they primarily serve a neighborhood rather than citywide market; and (2) they are appropriately located considering access and compatibility with other nearby uses. 3.7.4 Tourist Information The City will consider establishing tourist information facilities near highway entries to the City, to reduce demands for on-site and off-site advertising by tourist- and 31 5 S� r i Proposed General Plan Land Use Element Amendments .Page 32 general-retail uses. 3.7.5 Dependent Care The City will provide zoning incentives and investigate a program coordinating commercial and industrial development for the provision of child care and elder care for workers. 3.7.6 Neighborhood Centers The City will identify suitable sites for new or expanded neighborhood centers as it prepares specific plans. 3.7.7 Downtown Office Design The City will make more explicit its architectural review guidelines and revise its zoning standards, as necessary, to better achieve the desired architectural character of downtown areas zoned 'office" and "residential-office," so the character and fabric of existing neighborhoods will be protected. 3.7.8 Auto Sales Relocation The City will provide incentives to encourage relocation of vehicle sales to the Auto Park Way area. 3.7.9 Noise Control Zoning Regulations and Architectural Review Guidelines will include measures such as the following to prevent unacceptable noise exposure for residential areas or other noise- . sensitive uses: location and shielding of mechanical equipment; location of truck loading, trash collection areas,and loudspeakers landscaped setbacks or noise attenuation walls along property lines. (See also the Noise Element.) 3.7.10 Madonna Road Center The City will investigate ways to encourage more intense commercial development within, and more cohesion between, the existing shopping centers on Madonna Road. 3.7.11 Tourism The City will: A. Encourage sufficient conference and meeting space to accommodate the demand for medium size conferences; B. Work with the Performing Arts Center in promoting arts oriented tourism; C. Develop aggressive tourism marketing programs; D. Develop concepts such as rail tours, sea cruises, historical tours, and bicycle tours; E. Encourage development of appropriate recreational facilities for golf, tennis, equestrian activities, soccer, swimming, fishing, and eco-tourism. DOWNTOWN Introduction Downtown is the area generally bounded by Highway 101, the railroad, and High Street (Figure 4). It embraces residential neighborhoods, including "Old Town," as well as the commercial core, a civic area, and less intensely developed commercial and office areas. The City has approved "A Conceptual Physical Plan for the City's Center," which covers an area nearly the same as the core identified in this element. See this separately published plan for an illustration of how downtown development may occur: 5 57 i Proposed General Plan Land Use Element Amendments Page 33 POLICIES 4.1 Downtown's Role Downtown is the cultural, social and political center of the City for its residents, as well as home for those who live in its historic neighborhoods. The City wants its commercial core to be economically healthy, and realizes that private and public investments in the downtown support each other. Downtown should provide a wide variety of professional and government services, serving the region as well as the city. The commercial core is a preferred location for retail uses that are suitable for pedestrian access, off-site parking, and compact building spaces. Civic, cultural and commercial portions of downtown should be a major tourist destination. Downtown's visitor appeal should be based on natural, historical, and cultural features, retail services, and numerous and varied visitor accommodations. 4.2 Downtown Residential 4.2.1 Existing and New Dwellings Downtown residential uses contribute to the character of the area, allow a 24-hour presence which enhances security, and help the balance between jobs and housing in the community. Existing residential uses within and around the commercial core should be protected, and new ones should be developed. Dwellings should be provided for a variety of households, including singles, couples, and groups. Dwellings should be interspersed with commercial uses. All new, large commercial projects should include dwellings. Commercial core properties may serve as receiver sites for transfer of development credits, thereby having higher residential densities than otherwise allowed. 4.2.2 Dwellings and Offices Residential uses within some downtown areas designated Office prior to this element's 1994 update should be maintained, or replaced as new offices are developed. The City should identify areas which are predominantly residential, and re-designate them for residential use. It should designate for office use the areas which are completely or almost completely developed with offices. For the areas which are a mix of residential and office uses, the City should apply a "Residential/Office" mixed-use designation. This designation would allow existing offices to be maintained and replaced. However, enlarging an office, or replacing a residential use with office, would require replacement dwellings to be built on site or somewhere within the "residential/office" zone,or in the downtown office or commercial zones. 43 Entertainment and Cultural Facilities Cultural facilities, such as museums, galleries, and public theaters should be downtown. Entertainment facilities, such as nightclubs and private theaters should be in the downtown, too. Locations outside downtown may be more appropriate for facilities that would be out of character or too big for downtown to accommodate comfortably, such as the major performing arts center planned for the Cal Poly campus. 4.4 Public Gatherings Downtown should have spaces to accommodate public meetings, seminars, classes, and similar activities in conjunction with other uses. Downtown should provide a setting which is festive, and comfortable for public gatherings. 33 � �� \i Proposed General Plan Land Use Element Amendments Page 34 4.5 Walking Environment Downtown should provide safe, exciting places for walking and pleasant places for sitting. To invite exploration, mid-block walkways, courtyards, and interior malls should be integrated with new and remodeled buildings, while preserving continuous building faces on most blocks. Downtown streets should provide adequate space for pedestrians. There should be a nearly continuous tree canopy along sidewalks,and planters should provide additional foliage and flowers near public gathering areas. 4.6 Public Safety Indoor and outdoor public spaces should be observable from frequently occupied or traveled places, to enhance public safety. 4.7 Open Places and Views Downtown should include many carefully located open places where people can rest and enjoy views of the surrounding hills. Downtown should include some outdoor spaces where people are completely separated from vehicle traffic, in addition to Mission Plaza. Opportunities include extensions of Mission Plaza,a few new plazas, and selected street closures. 4.8 Traffic in Residential Areas Downtown residential areas should be protected from through traffic. 4.9 Street Changes Street widening and realignment should be avoided. 4.10 Parking There should be a diversity of parking opportunities. Any major increments in parking supply should take the form of structures, located at the edges of the commercial core, so people will walk rather than drive between points within the core. Retail uses outside the core, and professional office developments, may have on-site parking for customers and clients. 4.11 The Creek San Luis Obispo Creek should be protected and restored, provided this can be done in a manner that minimizes human impact on creek life. Walking paths along the creek in the downtown core should be provided as links in an urban trail system, provided this will not further,degrade wildlife habitat value of the riparian ecosystem. As properties that have encroaching buildings are redeveloped, the City should enforce a reasonable building setback from the riparian zone. (See also Ser-4a.... 6_43.D! and 64.1.4-the Conservation and Open Space Element and the Safety Element.) Opportunities to open covered sections of the creek should be pursued. 4.12 Building Conservation and Compatibility 5-S`� Proposed General Plan Land Use Element Amendments Page 35 Architecturally and historically significant buildings should be preserved and restored. New buildings should be compatible with architecturally and historically significant buildings, but not necessarily the same style. 4.13 New Buildings and Views New downtown development should respect views of the hills, framing rather than obscuring them. 4.14 Noise Obtrusive sounds, including traffic noises and loud music, should be minimized. Desired activities which are noisy should be timed to avoid conflict with other desired activities which need a quiet setting. 4.15 Sense of Place To keep the commercial core's sense of place and appeal for walking, it should remain compact and be the city's most intensely developed area. 4.16 Design Principles The following principles should guide construction and changes of use within the commercial core. 4.16.1 Street Level Activities The street level should be occupied by stores, restaurants, and other uses benefiting from and contributing to pedestrian traffic, such as offices with frequent client visits. Stores and restaurants may occupy upper levels. Offices not having frequent client visits should be located above street level. 4.16.2 Upper Floor Dwellings Existing residential uses shall be preserved and new ones encouraged above the street level. 4.16.3 Continuous Storefront There should be a continuous storefront along sidewalks, at the back of the sidewalk, except for the Courthouse and City Hall blocks, plazas, recessed building entries, and sidewalk cafes. 4.16.4 Building Height New buildings should fit within the existing vertical scal . They should respect street-level views of the hills, allow sunlight to reach public open spaces, and defer to a few tall, "landmark" buildings. Generally, new buildings should not exceed two or three stories (about 35 to 50 feet). Where necessary to protect significant views, sunlight, and street character, new buildings should be limited to two stories, or about 25 to 35 feet tall. A few taller, landmark b ildings (about five stories or 75 feet) may be developed where they will not obstruct views or sunlight for public spaces. These taller buildings would be more appropriate at mid-block than at corners, and their floors above the second or third level should be set back to maintain a lower street facade. The tall buildings should include publicly accessible,open viewing spaces at the upper levels. 4.165 Building Width New buildings should maintain the historic pattern of storefront widths. 4.16.6 Sidewalk Appeal Street facades, particularly at the street level, should include windows, signs,and architectural details which can be appreciated by people on the sidewalks. 35 La Proposed General Plan Land Use Element Amendments Page 36 4.17 Government Offices City Hall and the County Government Center should remain at their present locations. Additional administrative office space which cannot be accommodated within the County Government Center should be developed nearby within the downtown. (See also Public and Cultural Facilities policies, beginning on page 48.) 4.18 Commercial Buildings Outside the Core In retail areas beyond the commercial core, the pattern of buildings in relation to the street should become more like the core, with few driveways and parking lots serving individual developments,and no street or side-yard setbacks (except for recessed entries and courtyards). However, buildings should not.exceed two stories (about 35 feet in height). PROGRAM 4.19 Implementing the Downtown Concept Plan The City will consider including features of "A Conceptual Physical Plan for the City's Center," as appropriate, in its Zoning Regulations, architectural review guidelines, engineering standards, and capital improvement program. PUBLIC & CULTURAL FACILITIES Qntroduction As the County seat and a cultural center for the region, San Luis Obispo plans to accommodate several types of facilities to support government and cultural services. This section describes preferred locations for various types of facilities. POLICIES 5.1 Public Facilities 5.1.1 Grouping for Convenience Government offices that provide similar types of services should be grouped for efficient service delivery. 5.1.2 Private Businesses Within any area shown as a preferred location for public facilities, there may be compatible private businesses, so long as they do not displace the preferred public agencies. 5.13 Joint Projects Government agencies should cooperatively plan,for new or expanded facilities. They should considerjoint projects when mutual objectives can be met. 5.1.4 Civic Center There should be a downtown civic center (Figure 5). The following functions should be located in the civic center, along with compatible businesses: A. City Council offices and meeting rooms, clerk, administration, finance, attorney, personnel, community development, utilities, and public works administration and engineering. Any Proposed General Plan Land Use Element Amendments Page 37 additional space for these functions should be in or close to City Hall. B. County supervisors offices and meeting rooms, administration, courts, jury commissioner, clerk, auditor, assessor, counsel, district attorney, personnel, engineering, planning and building, environmental coordinator, and voter registration. Any additional space for these functions should be provided in or close to the County Government Center (Courthouse block). 5.1.5 Health Care There should be a health-care area on Johnson Avenue near Bishop Street(Figure 5). The following functions should be located in the health-care area: A. Public Health Department; General Hospital;Mental Health Services. B. Other public or private offices or health facilities found to support the continued viability of General Hospital. If County General Hospital is to be rebuilt, the City will evaluate other sites within the City for public health care facilities, including consideration of convenient access from regional transportation systems. 5.1.6 Social Services There should be a social-services area on South Higuera Street near Prado Road (Figure 5). The following functions should be located in the social services area: County Social Services; California Employment Development and Rehabilitation; federal Social Security Administration. This area should have sufficient space to accommodate regional offices of state and federal agencies. 5.1.7 Related Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, but functionally related to them, should be located in the appropriate area. 5.1.8 Unrelated Offices Public offices not named in policies 5.1.4, 5.1.5, and 5.1.6, and not functionally related to the named offices, should be consolidated at the social services area, or they may be expanded at their present locations or within designated office areas. 5.1.9 Different Offices Government and private activities of types not listed in policies 5.1.4, 5, and 6 may be established in these identified areas, so long as they are compatible with and do not displace the government functions which should be located in the areas. 5.1.10 Other Government Functions Some government functions which have been provided at certain locations in the City should be located close to related activities, though they should not be bound to any one of the identified centers. Such functions include: A. Probation - suitable for the civic center(courts), the County operational center on Highway 1 (sheriff), or the social services area; B. Alcohol and drug treatment programs - suitable for the social-services area or the health- care area. 5.1.11 Consolidation Desired It would be desirable to consolidate government agencies dealing with environmental quality, such as the Regional Water Quality Control Board and the County Air Pollution Control District. 37 i - Proposed General Plan Land Use Element Amendments Page 38 5.1.12 Building Intensity Buildings in Public Facility areas will have a wide range of characteristics, since they can range from downtown offices and meeting rooms to fire stations and maintenance yards at the edges of the City. The appropriate building intensity for each location will be decided through use permit and architectural review. Generally, the ratio of building floor area to site area should not exceed 1.0 in outlying locations, and 2.0 downtown. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, generally to reflect the standards for these items in neighboring land use districts. Dwellings may be provided only as caretaker quarters, as shelters (with discretionary review), or as part of a specially approved mixed-use development. The appropriate residential density would be set considering the maximum residential density allowed in any neighboring land use district. 5.2 Cultural Facilities 5.2.1 Cooperation The City should cooperate with other agencies and with community groups to help provide facilities for a library, and for arts and sciences which meet broad community cultural needs. 5.2.3 Mission Plaza Area An appropriate area for cultural facilities is the vicinity of Mission Plaza (Figure 5). PROGRAMS 5.3 City and County Offices Downtown The City and County will jointly develop a plan for meeting their additional downtown space needs. They will coordinate site selection, building design, circulation and utility services, parking, means to reduce vehicle trips, and funding. 5.4 Performing Arts Center The City, Cal Poly, and the Performing Arts Foundation will jointly develop a large performing arts theater on the Cal Poly campus. 5.5 Community Arts Support The City will continue to support community arts programs through a variety of means, such as loans, grants,and help in obtaining sites. 5.6 Land Acquisition The City will attempt to acquire land for cultural facilities or Mission Plaza extension as sites become available. 5.7 Facility Reuse The City will study its surplus facilities for possible reuse by cultural and non-profit groups. 5.8 Public Art The City will encourage inclusion of appropriate public art in all projects. RESOURCE PROTECTION andINTRODUCTION 12—an ef %AA—at makes Sm Luis Obispo a speeiai piaee is the r-ieh &,eFsity of its na4uthethat, unlike mally Mom,, Substance moves to heavily urbanized areas Fb its 'ste ^ d :.. ua thO new introduction FeSOWS speeial eha mete` is threatenedby deN,elapfnent ffeSSHFe ilia section 1.30 i __ Proposed General Plan Land Use Element Amendments Page 39 Overall Resource Protection The Resource Protection POLICY section is retained in the LUE,with minor 6.0.1 Resource Planning It is the policy of the City to protect its unique amendments, as directed natural resources and systems by including their considerations and needs within at the 12/14/05 Planning its planning program, and giving those considerations and needs a planning Commission Meeting priority co-equal with that accorded other community needs. Under this policy, the City will make provisions for the continued existence of its natural resources within the community. The term "community" thus includes not only the urbanized human community, dominated by urban land development and technological systems, but also a natural community rich in biological and geological diversity, as well as a pre-urban human community with a strong agricultural base. PROGRAMS 6.0.2 Resource Mapping The City shall prepare and maintain Geographic Information Systems-based maps of the City, the urban reserve, and the planning area to guide in land use designations and decision-making. Maps for the City and urban reserve shall be in sufficient detail to highlight allsignificant natural resources and systems. Maps for the planning area may be at a lesser degree of detail. The maps shall show at least the following resources: native plant communities, wildlife habitats and corridors, aquatic ecosystems, productive or potentially productive soils (prime or other unique agricultural soil types), viewsheds, hillsides, greenbelt areas. The overlay maps shall also show development constraints such as flood hazard areas, geological hazard areas, soil hazard areas (subsidence, liquefaction), noise impact areas, airport hazard and noise areas, radiation hazard areas. 6.0.3 Land Use Element Map Revision The overlay maps shall provide the basis or determining where urban development is most appropriate, and where other needs of the community outweigh the desire or need for urban development. As a result of the findings of these overlay maps, the City shall re-evaluate its land use designations and future plans for undeveloped areas, and revise the LUE land use map accordingly. Substance also included 6.0.4 Resource Protection Once resource areas worthy of protection are in Open Space protection identified, the City shall seek to protect them by easement or other permanent programs 8.30.1 means. 6.1 Open Space Policies (See also the Growth Management section) 39 S _. L / Proposed General Plan Land Use Element.Amendments Page 40 6.1.1 Open Space and Greenbelt Designations The City shall designate the following types of land as open space: Substance also A. Upland and valley sensitive habitats or unique resources, as incorporated in: defined in the Open Space Element, including corridors which 7.21, 7.21.1, 7.21.2, connect habitats. 7.21.3, 8.21.1, 8.22, B. Undeveloped prime agricultural soils which are to remain in 8.22.1, 8.24.1 and agricultural use as provided in policy 1.8.2. 8.24.4 C. Those areas which are best suited to non-urban uses due to: infeasibility of providing proper access or utilities; excessive slope or slope instability; wildland fire hazard; noise exposure; flood hazard; scenic value; wildlife habitat value, including sensitive habitats or unique resources as defined in the Open Space Element; agricultural value;and value for passive recreation.; D. A greenbelt, outside the urban reserve, that surrounds the ultimate boundaries of the urban area, and which should connect with wildlife corridors that cross the urbanized area. E. Sufficient area of each habitat type to ensure the ecological integrity of that habitat type within the urban reserve and the greenbelt, including connections between habitats for wildlife movement and dispersal; these habitat types will be as identified in the natural resource inventory, as discussed in the 'Background to this Land Use Element Update" and in Community Goal#8. Public lands suited for active recreation will be designated Park on the General Plan Land Use Element Map. The City may establish an agricultural designation. (See the Open Space Element for refinements of these policies.) OPEN SPACE AND AGRICULTURAL LAND Several land-use designations are mainly for land that is to remain undeveloped, either permanently or until an urban use is identified or certain prerequisites are met. The Conservation and Open Space Element contains more detailed policies for areas that are to remain undeveloped. 6.1.2 Open Space lyses Lands designated Open Space should be used for purposes which do not need urban services, major structures, or extensive landform changes. Such uses include: watershed protection; wildlife and native plant habitat; grazing; cultivated crops; and passive recreation. Buildings, lighting, paving, use of vehicles, and alterations to the landfotms and native or traditional landscapes on open space lands should be minimized, so rural character and resources are maintained. Buildings and paved surfaces, such as parking or roads, shall not exceed the following; where.a parcel smaller than ten acres already exists, five percent of the site area; on a parcel of ten acres or more, three percent. (As explained in the Conservation and Open Space Element, the characteristics of an open space area may result in it being suitable for some open space uses, but not the full range.) 6.141 Open Spsee Land Divisions Parcels within Open Space areas should not be further divided. 6.1.3 Agriculture Agriculture is generally open land where there.hasbeen-a history of agricultural C � Proposed General Plan Land Use Element Amendments Page 41 cultivation or keeping of'livestock, which remains �cnerally open and in such use 6.1.4 Interim Open Space Designation The General Plan Land Use Element Map shows desired future uses for most land within the urban reserve line. However, the City has not decided the best eventual use for some areas. Such areas are designated Interim Open Space, indicating that they will be suitable for urban development when certain conditions are satisfied. Examples of such conditions include demonstrated need for further urban development that cannot be.satisfied on already urbanized land, provision of proper access and utility service, and environmentally acceptable reduction of flood hazards. The Interim Open Space designation is to be changed to an urban classification only when the conditions necessary for development can be satisfied and a certain type of development is approved. After further study, it may be found that permanent Open Space is an appropriate classification for areas initially classified as Interim Open Space. 6.1.5 Interim Open Space Uses and Parcel Sizes Uses within Interim Open Space areas should be the same as in Open Space areas (policies 6.1.1 and 6.1.2 ). Interim Open Space areas should not be further subdivided until a development plan or a specific plan is approved (pursuant to policy 1.13.3), except to separate land to be dedicated in fee to the City, or other responsible public or nonprofit agency, for permanent open space. 6.1.6 Eventual Uses This element identifies intended uses for each area designated Interim Open Space. Such areas are discussed under Optional Use and Special Design Areas, and Hillside Planning. One area not discussed under those headings is: About 1 I acres between Los Verdes Park and San Luis Obispo Creek, which may be used for residential development if the flood hazard is mitigated without significant harm to the creek. 6.2 Hillside Policies 6.2.0 Introduction As diseassed noted in the open space section of this element and in the Conservation and Open Space Element, San Luis Obispo wants to keep open its steeper; higher, and most visible hillsides. Some of the lower and less steep hillside areas, however, are seen as suitable for development, particularly where development is coupled with permanent open space protection of the more sensitive areas. This section focuses on where and how some hillsides may be developed. The City establishes comprehensive standards and policies for hillside development for the following reasons: A. 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. B. To set the limits of commercial and residential development in hillside areas by establishing a permanent open space green belt at the edge of the community. C. To protect the health, safety and welfare of community residents by directing development away from areas with hazards such as landslides, wiidland fires, flooding and erosion. 6.2.1 Development Limits Hillsides planning areas should have carefully chosen development limit lines, and special design standards for the areas which can be developed. The location of the development limit and the standards should cause development to avoid encroachment into sensitive habitats or unique resources as defined in the Conservation and Open Space Element, and public 41 �! Proposed General Plan Land Use Element Amendments Page 42 health and safety problems related to utility service, access, wildland fire hazard, erosion, flooding, and landslides and other geologic hazards. Also, the development limit line and the standards should help protect the City's scenic setting. (Locations of hillside planning areas are shown in Figure 6. More precise locations of the development limit line and the urban reserve line are shown on large-scale aerial photographs on file at the Community Development Department; these are part of the Land Use Element.) 6.2.2 Development Standards Development —including buildings, driveways, fences and graded yard areas— on hillside parcels shall: A. Be entirely within the urban reserve line or development limit line, whichever is more restrictive (though parcel boundaries may extend beyond these lines when necessary to meet minimum parcel-size standards), unless one of the following three exceptions applies. 1. A location outside the urban reserve line or development limit line is necessary to protect public health and safety. 2. New wireless telecommunication facilities may be appropriate on South Street Hills inside the three-acre leasehold already developed with commercial and municipal radio facilities, subject to use permit approval and architectural review and approval. Applicants shall comply with all other provisions of this section, and demonstrate that(a) new facilities will not individually or additively interfere with City radio equipment necessary for emergency response coordination, and (b) will not cause on-site radio frequency radiation levels to exceed exposure standards established for the general public by the American National Standards Institute. 3. Where a legally built dwelling exists on a parcel which is entirely outside the urban reserve line or development limit line, a replacement dwelling may be constructed subject to standards B through H below. B. Keep a low profile and conform to the natural slopes; C. Avoid large, continuous walls or roof surfaces, or prominent foundation walls, poles, or columns; D. Minimize grading of roads; E. Minimize grading on individual lots; generally, locate houses close to the street; minimize the grading of visible driveways; F. Include planting which is compatible with native hillside vegetation and which provides a visual transition from developed to open areas; G. Use materials, colors, and textures which blend with the natural landscape and avoid high contrasts; H. Minimize exterior lighting.. 6.2.3 Parcels Crossing the Limit Lines Before development occurs on any parcel which crosses the urban reserve or development limit lines, the part outside the lines shall be protected as permanent open space. 6.2.4 Development Credit Transfer Any residential development credit obtained from Open Space designations outside the urban reserve lime or development limit line should be transferred to land 5 -47 Proposed General Plan Land Use Element Amendments Page 43 inside the lines. 6.2.5 Homesites Outside the Limit Lines Where homesites are to be developed outside the urban reserve or development limit lines,and beyond the City's jurisdiction, they should: A. Be on land sloping less than 15 percent-, B. Have effective emergency-vehicle access from a City street or County road; C. Be on a geologically stable site; D. Have adequate.water supply for domestic service and fire suppression, E. Avoid areas with high wildland fire hazard; F. Be next to existing development; G. Avoid significant visual impacts. 6.2.6 Hillside Planning Areas Hillside policies apply to all hills in and around the City. Specific policies to address particular concerns for the areas as shown on Figure 6, listed below. For each of these areas, land above the development limit line should be secured as permanent open space. A. The Cal Poly - Cuesta Park area includes the hill east of Cal Poly and north of Highway 101 near Cuesta Park. Development should be separated or protected from highway traffic noise and should have adequate fire protection. Architectural review should be required for development of lots fronting Loomis Street. B. The Woodland Drive area includes vacant land where residential development may occur in the vicinity of the high school and residential or medical-care facilities may occur in the vicinity of the hospital. Before further subdivision or development of any of certain vacant land near Woodland Drive(Figure 7)a specific plan or development plan should be approved. This plan should address the following, in addition to relevant items as noted in policy 2.3.1. (1) The location and design of new public streets and private drives serving several owners, and any necessary changes to existing streets in the area; (2) Water and sewer systems, including new storage tanks, pumps, main pipes, and access roads,and changes to existing facilities necessary for adequate service to the area; (3) New parcels and existing parcels to be changed or combined; (4) Location of building sites on parcels next to or crossing the urban reserve line; (5) Areas to be kept open through easements or dedication of fee ownership; (6) A program for transferring development potential,consistent with these hillside planning. policies; (7) Location of creek easements to provide flood protection and to protect existing creekside vegetation; (8) Phasing of development and public improvements. C. The Goldtree area extends up the hill from the Alrita Street neighborhood. This is a minor expansion area which can accommodate single-family houses. (1) In addition to meeting the usual criteria for approving minor annexations, this area should: (a)Provide a gravity-flow water system giving standard levels of service to all developed parts of the expansion area and correcting water-service deficiencies in the Alrita 43 Proposed General Plan Land Use Element Amendments Page 44 Street neighborhood; (b) Correct downslope drainage problems to which development within the expansion area would contribute. (2) A development plan or specific plan for the whole expansion area should be adopted before any part of it is annexed, subdivided, or developed. (Existing houses inside the urban reserve line need not be annexed along with any new subdivision.) (3) All new houses and major additions to houses should be subject to architectural review. D. The Orcutt area includes land on the western flanks of the Santa Lucia foothills east of the Southwood Drive neighborhood and Orcutt Road. Before further subdivision or development of land between the 320-foot and 460-foot elevations, land above the 460-foot elevation should be secured as permanent open space. All building sites should be below the 460-foot elevation. E. The Margarita area includes the southern slopes of the South Street Hills. No building sites should be located above the development limit line. F. The Stoneridge area includes land on the northern slopes of South Street Hills. Development west of the end of Lawrence Drive should be subject to architectural review and to measures assuring that building sites will be stable. G. The Calle Joaquin area should allow the continuation of a commercial use for the existing building on the hill,but no further development. H. The Irish Hills area should secure permanent open space with no building sites above the 150-foot elevation, in conjunction with any subdivision or development of the lower areas. (See also Optional Use and Special Design Areas.) I. The'Billygoat acres area extends into the Irish Hills above Prefumo Creek. No further development should occur beyond the urban reserve line. J. The Prefumo Creek area extends into the Irish Hills west of Prefurno Canyon Road. Development should be limited to areas within the UR4= urban reserve line with permanent protection of the creeks and upper hillsides. K. The Madonna area includes land west of Highway 101 on the lower slopes of San Luis Mountain and the northeast slopes of the foothill bordering Laguna Lake Park. (1) A specific plan or development plan for the whole area should be adopted before any part of it is annexed, subdivided, or further developed. (See also Optional Use and Special Design Areas, policy 8.9.) (2) Upon amendment to an urban designation, the area designated Interim Open Space, may accommodate a generously landscaped, low-intensity extension of the existing tourist facilities. Development locations and building forms should respect the area's extraordinary visual quality and natural slopes, and should maintain views of the mountain from the highway and nearby neighborhoods. (3) The area immediately west of Highway 101 should be retained as an open space buffer. Proposed General Plan Land Use Element Amendments Page 45 (4) Any plan for further development in this area must address reconfiguration of the Marsh Street interchange. L. The Luneta Drive area includes parcels which may be used for houses, so long as new construction and major additions to the houses are approved by the Architectural Review Commission. 6.3 Hillside Programs (See also Section 10, Implementation) 63.1 Designating Sensitive Sites Subdivision approval in hillside planning areas will include designation of"sensitive sites," which are subject to architectural review. 63.2 Transfer of Development Credits The City will add a "development transfer" section in its Zoning Regulations, to encourage the transfer of residential development allowed on land outside the urban reserve line to suitable land within the line,regardless of land ownership. 633 Architectural Guidelines Through architectural review guidelines, the City will establish the presumption that all hillside development occurs on sensitive sites, where architectural review is required. The Community Development Director will screen all proposals to identify any which do not need architectural review. 6.3.4 Maximum Building Height The City will consider means to mitigate the visual impacts of hillside houses, including revising the way maximum building height is determined. 6.4 Creeks,Wetlands,and Flooding Policies Introduction San Luis Obispo's aquatic ecosystems consist of creeks, Laguna Lake, floodplains, marshes, wetlands, serpentine seeps, and springs. These aquatic ecosystems provide habitat, recreation, water purification, groundwater recharge, and soil production as well as natural flood protection by reducing the force of floodwaters as they spread and decelerate over floodplains. Creeks, which are the most obvious of these systems because they flow through the City, provide wildlife habitat, backyard retreats, and viewing and hiking pleasures, in addition to carrying storm water runoff. When some creeks overflow during major storms, they flood wide areas beyond their channels (Figure 8). San Luis Obispo wants to avoid injury or substantial property losses from flooding, while keeping or improving.the creeks' natural character, scenic appearance,recreational value,and fish and wildlife habitat. 6.4.1 Creek and Wetlands Management Objectives The City should manage its lake, creeks, wetlands, floodplains,and associated wetlands to achieve the multiple objectives of: A. Maintaining and restoring natural conditions and fish and wildlife habitat; B. Preventing loss of life and minimizing property damage from flooding; C. Providing recreational opportunities which are compatible with fish and wildlife habitat, flood protection,and use of adjacent private properties. D. Recognizing and distinguishing between those sections of creeks and Laguna Lake which are in previously urbanized areas, such as the downtown core, and sections which are in largely natural areas. Those sections already heavily impacted by urban development and activity may 45 Proposed General Plan Land Use Element Amendments Page 46 be appropriate for multiple use whereas creeks and Lakeshore in a more natural state shall be managed for maximized ecological value. 6.4.2 Citywide Network The lake, creeks, and wetlands should be part of a citywide and regional network of open space, parks, and --where appropriate-- trails, all fostering understanding, enjoyment, and protection of the natural landscape and wildlife. Language has already been moved, with minor wording changes and an addition, to Safety Element policy S 1.1. the top of hank of any ereek. , lee -Flaw of Wilding eek,eFage to site .,.enr f. Whieh yeaPfleed leN,4. _ F. !'Feek -Alta.....:...... ..L..11 be a side.e`I enl if theFe. i netie.bile I Ct•CGICZSRRQRCITp-'JRISifOG-GVt1OR,..S w-ou,� a c�ic[c [o iw-Pracc,cao[c 5 - 7 / Proposed General Plan Land Use Element Amendments Page 47 6:4:4 (44;3 Amenities and Access. New public or private developments adjacent to the lake, creeks, and wetlands must respect the natural environment and incorporate the natural features as project amenities, provided doing so does not diminish natural values. Developments along creeks should include public access across the development site to the creek and along the creek, provided that wildlife habitat, public safety, and reasonable privacy and security of the development can be maintained, consistent with the Conservation and Open Space Element. 6-0:5 6.4.4 Open Channels All open channels should be kept open and clear of structures in or.over their banks. When necessary, the City may approve, structures within creek channels under the limited situations described in the Conservation and Open Space Element. Moves to 8.22.3 in the Draft COSE and revised to reflect tt at A. The Git. ..h. .la establish eel retltiaeks eensisient With.the OpeR creek setback space -Element. to nel-Ide. .. �.ae . t:, ., f;. ; ,n. the standards have been t.h....:eel t.... of baRIE. the e fiate fl� a.. a e e:.lent:aea.:., the added to the Zonir g Flood Management Regulations (SLOW ,. habittspaee paths .. Fe ailed reF by any City adopted plan. (See 17.16.025),p. 36 0. i $fea6:. D. The Feet. res h:eh elly id he tside the el. etheei elte ..t: to ell.. ..hie .Oe el., at Of a el sten with the Open Spaee EWfnent- £y. 1r., ..t:ng b fid.es may he epi fi ed OF W:.1e..ed, ..te..♦ :th the Lffotffi-A- eF..the Op Spaee Elu nt Removal of any existing 6A.7 6.4.5 Porous Paving The City encourages the use of porous paving to facilitate rainwater percolation. Parking lots and paved outdoor storage areas shall, where practical, use one or more of the following measures to reduce surface water runoff and aid in groundwater recharge: porous paving; ample landscaped areas which receive surface drainage and which are maintained to facilitate percolation; drainage detention basins with soils that facilitate percolation. 47 5- Ta Proposed General Plan Land Use Element Amendments Page 48 6.5 Creeks and Flooding Programs 6.5.1 Previously Developed Areas To limit the potential for increased flood damage in previously developed areas, the City will: A. Ensure that infill, remodel, and replacement projects: (1) Do not displace more flood water than previous structures on a site; (2) Do not contribute floating debris to flood waters; (3) Have finish floors at least one foot above the flood level or, if this is not practical, be flood-proofed, to minimize risk to life and damage to utilities, furnishings, merchandise, and equipment. B. Require new infill buildings to have greater setbacks than their older neighbors, when necessary to achieve the purposes of this section. C. Remove man-made obstruction from channels. D. Ensure that any new development in the watershed detains rather than accelerates runoff from development sites. Substance moves to 8.30.26 6.5.2 County and PMPeFty 0WReFS T-140 City Wi4-@,88Fd W4 ith the and to 10.22.1, 10.22.2 Owner-ship i Substance moves to 8.30.2 easements, fbF drainage, ma— PUbliC -W-N-A-15-81 AW D, E, and F wetlands and ereek ehannels.. 6-54.4 M—no made ObstFuetcons The City will .. At.,i„ thea m�S_sroe_8 Substance moves to 8.30.1 .a_.es.,._..tien ,.F_. edands and t: > i f fish a ,Ola, � � ti . . C and D crovcc•crniimc�o-ter tt�u eta rt itatitc vgoitac 6tSA 6.5.2 National Flood Program The City will administer the National Flood Insurance Program standards. _ 7,3 Inter-agency cooperation is noted throughout the _ Open Space and Natural ^i -- Proposed General Plan Land Use.Element Amendments Page 49 64.7 Wide-CoopernN__ The r_:.. %A! rL ith the Ir c Afffly CeFps Of ERgi,.eeF. rr a Fire ..,1 arum- ee�,; e r..l:c,._..ia Ile. FtFaent a Piste and 6afne, Regienal Water Quality Gomm Beafd geamy F-i9ed 6.5:8 6.5.3 Creekside Care and Notification In maintaining creek channels to accommodate flood waters, the City will notify owners of creeks and adjacent properties in advance of work, and use care in any needed removal of vegetation. 6,3:9— N-sh-heAwaFeaess The Eity will fester—Fil o--- andSubstance moves to 8.30.11 and 8.30.2G and H 6,540 Aquatie Eeesystem A4anagement Plan The City will wer* with Program would be deleted _ since it has been completed with adoption of the de%,elopmeRt of public ac-eessi Waterways Management Plan and on-going preparation and adoption of Open Space Conservation, which address aquatic and aaenrintarl hahitatc. Substance moves to te remove ha--" fui, Rea aat:k,, them with 8.30.2 C ,native . 64 Community HeFitage Pelieies 1n#edeett Substance moves to lwwad in thp Arpa f�Ar While maRy FefnindeFs of these peeple have been 3.10 , and should.be F06peetNRY appr-eeiate these ehanges today. The 04), wants to pFewnce these tangible I 6 61 U-stovipal nese-wees—R*ste�ieal-reseuFees-shoe=idewified, Language moves to • 3.21.1 49 Language moves to 3.21.2 5 � 7Y l ^i Proposed General Plan Land Use Element Amendments Page 50 v ..n. ,.h. ed ifl .,.. .a Sa:ctTand- otheF FReaRS t6 W.-A-W the thFeat ;w� The StMet 6,6J RemeoeFing-and New Buildings GhafigeS r addkiARR tFI Language moves to with 3.21.4 the efiginal swaetwe— Few-bui}difigs-in IistRrirAl dirtriets, OF O;, Language moves to 322.1 thru potential arehaeelagieal FeSGHFS-P-15. Te- -Ave-idl development an 3.22.9 , ' ltffest OF dek,elopfRent rights, shall €easil-;e—aFd- development would adkwsely a€e-r-t- idipentifliped Shall be-FegaiFOd. Language moves to 3.22.1 thru 3.22.9 C--. T-1460- Cit)' Shall e5tablils;h -ARd- FR-AiRi—AiA affhaeelegieal SitA FAr-.Rrdr FM AR h , ; - 5Fadifig Of:tfefiehk5- eth aefiYi.tift a ar-tk,itieas shall- ..a . eease 5- 7S' i� Proposed General Plan Land Use Element Amendments Page 51 qualified ^ 1 knowledgeable C—hufflasw 1 Language moves determinethe �signifisanee=ef the to 3.222.9.9 thru �• A11 Native ^"',,..eaft ..-dw:a, sises ,RAFirehaoviv6icai SiscTSrI}vvic be protected as open spaee whefek'ff POSSible. j. The Gity will Fespecat the fact that sites may be euitffaiiy sigFlifieafit Fehlafive—�4merieans even if- they—�la%,t�—ivSFtneii --icmmc afeliaeelegieal integrity threeghees distuFbanee, and hRE c-eatext is,, L.,.en d—:..n.rh—ed K.. The Naske Arneriean eemmdnity—sheeld be eertsttked—as II 67 Gommumt 6.7.E Ee16eralE Heritage C-OMMiUee Th City •11 Gultur-a1 e �" ""' "'a'"`�."-"T�""� Language moves to Her-itage Committee te help idemify, and advise an suitable tfeatment ' 3.30.1 A�IT ; 1 �^e „M;^ e� Substance moves to ^a 3.30.2 673 A rehkoptar,l review The Citywill expand its- rehiteeWffil This will be addressed by 3.30.10 Substance moves to 3.30.6 City has adopted . Archaeological Standards that 51 address this l� Proposed General Plan Land Use Element Amendments Page 52 6.7.6 Displays The Ems,—ne„t„ge Committee and the--Geunt7 ^,• ieal will ast Substance moves to 3.30.6 AIRPORT AREA POLICIES 7.1 Regional Service The airport will continue to serve the region,consistent with the approved Airport Master Plan. 7.2 Airport Land Use Plan Development should be permitted only if it is consistent with the San Luis Obispo County Airport Land Use Plan. Prospective buyers of property which is subject to airport influence should be so informed. 7.3 City Annexation and Services The City intends to actively pursue annexation of the Airport Area. Airport Area land inside the urban reserve shall be considered for annexation if it meets the criteria stated in Policy 1.13.3.A. Annexation of areas that do not meet these interim annexation criteria may be annexed subject to completion of environmental and economic studies and a specific plan. Pending annexation: A. Any.urban development approved by the County shall be consistent with City development standards;and B. Urban development and provision of adequate resources and services needed citywide shall be closely monitored, 7.4 Greenbelt Protection Annexation of the Airport Area, whether it occurs as one action or several, shall be consistent with the growth management objectives of maintaining areas outside the urban reserve line in rural, predominantly open space uses. An Airport Area annexation shall not take effect unless the annexed area helps protect an appropriate part of the greenbelt near the Airport Area; through one or more of the following methods: A. Dedicating an open-space easement or fee ownership to the City or to a responsible land- conservation organization. B. Paying fees to the City in-lieu of dedication, which shall be used within a reasonable time to secure greenbelt open space near the Airport Area. 7.5 Internal Open Space The areas designated for urban uses, but not necessarily each parcel, should include open areas as site 5 - 77 I i ' Proposed General Plan Land Use Element Amendments Page 53 amenities and to protect resources, consistent with the Open Space Element. In addition, wildlife corridors across the Airport Area shall be identified and preserved. 7.6 Development Before Annexation A. Areas which are designated for eventual urban development may be developed during the interim with rural residential or rural commercial uses. In such areas, County development standards and discretionary review should assure that projects will not preclude options for future urban development consistent with the City's planning policies and standards. Before any discretionary County land-use or land-division approval for such areas, a development plan for the site should be prepared, showing that circulation, water and other utility, and drainage proposals will be compatible with future annexation and urban development. B. Any development within the urban reserve approved by the County prior to annexation should comply with City standards for roadway cross-sections, bus stops, walking and bicycle paths, landscaping, view protection, setbacks,preferred site layouts,and architectural character. 7.7 Transit Service Transit service linking development sites with the citywide bus system should be provided concurrent with any additional urban development in the Airport Area. 7.8 Specific Plan The City will prepare a specific plan for land uses, habitat protection, circulatick, utilities, and drainage within the Airport Area. 7.9 Business Parks 7.9.1 Location and Uses Business parks may be developed in areas designated for them. Business parks are to accommodate research and development and light manufacturing in a campus like setting. They should provide high quality design of public and private facilities. Land designated for a business park should not be further divided or developed until the City annexes the area and approves a master plan for the business park. 7.9.2 Building Intensity Building location and intensity standards will be provided in a specific plan for each business park. The ratio of building floor area to site area shall not exceed 1.0. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances.Dwellings may be provided only as caretaker quarters or as part of a specially approved mixed-use development. The appropriate residential density would be set considering the maximum residential density allowed in any neighboring residential area. (Also, see the residential section for policies on density bonuses for affordable housing.) To be eliminated for consistency with the Airport , iFFigal8d With 148H Area Specific Plans' proposed 53 open space preserve. 5 -7Fi - Proposed General Plan Land Use Element Amendments Page 54 PROGRAMS 7.11 Specific Plan The City will work with Airport Area property owners to complete a specific plan. 7.12 Airline Service and Impacts The City will work with the County to assure that airline services and conditions in the vicinity of the airport are consistent with the Circulation Element policies. 7.13 Growth Management The City will annex the area and accommodate incremental development consistent with the growth management policies, including those conceming adequacy of resources and services and development paying its own way. 7.14 Open Space Dedication and In-lieu Fees In approving development proposals, the City will assure that Airport Area properties secure protection for any on-site resources as identified in the Open Space Element. These properties, to help maintain the greenbelt, shall also secure open space protection for any contiguous, commonly owned land outside the urban reserve. If it is not feasible to directly obtain protection for such land, fees in lieu of dedication shall be paid when the property is developed, to help secure the greenbelt in the area south of the City's southerly urban reserve line. The City shall set fee levels that would be appropriate in-lieu of open space dedication. OPTIONAL USE &SPECIAL DESIGN AREAS INTRODUCTION In and near the City are several areas where it is appropriate to consider a range or mix of uses which do not correspond with any one open-space, residential, commercial, or public designation used by this element. However, a particular use or mix of uses may not be desirable unless it is chosen in combination with a specific physical design which solves problems of relationships between activities within the site, and between the site and its neighbors. In addition, there are areas where special design concepts can help revitalization efforts. In optional use and special design areas, the City intends to do one or both of the following: (A) Make a choice about appropriate land uses based on information which will become available. In some cases, the choice will be connected with approval of a development plan, possibly with customized limits on specific activities and requirements for off-site improvements or dedications. (B) Encourage innovative design concepts which help revitalize and beautify the area. Each optional use and special design area that is mostly open land may be designated Interim Open Space 5 -7 q-- Proposed General Plan Land Use Element Amendments Page 55 until the City approves a plan for use of the area. Optional use and special design areas are designated by number on the General Plan Land Use Map, and are indicated on Figure 10. These areas and the guidelines for their development are listed below. (The number following the decimal point corresponds to the map number.) POLICIES In areas 8.1 through 8.5, renovation of streetscapes, landscaping, and building facades is encouraged. The City should work with property owners to prepare area plans containing design guidelines and implementation programs. Programs may include implementation incentives, such as variations from development standards or loan funds. 8.1 Madonna Road Regional Shopping Area 8.2 Foothill Boulevard Area 8.3 Broad Street Area 8.4 Santa Barbara Street Area 8.5 Mid:Higuera Area The City will prepare and.adopt a plan for this multi-block commercial area showing any desired street and driveway changes, flood mitigation measures, and opportunities for a linear park along San Luis Obispo Creek. The plan could also serve as a "conceptual redevelopment plan," guiding private construction on sites affected by any widening of Higuera Street or San Luis Obispo Creek. (See also policy 3.1.4) 8.6 Drive-in Theater Area This 25-acre area should be further developed only if flooding can be mitigated witout significant harm to San Luis Obispo Creek. Until flood hazards are mitigated;continued agricultu�l use and low- intensity recreational use are appropriate. Any use drawing substantial regional traffic also depends on providing a full interchange at Prado Road and extending Prado Road to connect with Madonna Road. Once flooding and access issues are resolved, and agricultural preservation requireme}�is are met, the area would be suitable for government agencies' regional offices (see also policy 5.1.6).11. 8;7 Los Osos Valley Gap This 16-acre site should be developed if land in common ownership to the east lis permanently preserved as open space.The following are possible uses for the area designated Interin4 Open Space. • Vehicle.sales; • Multifamily housing; • An open space corridor, trail, or both, to connect Laguna Lake Park and Prefumo{Creek with the Irish Hills. II 8.8 Dalidio-Madonna-McBride Area 55 i Proposed General Plan Land Use Element Amendments Page 56 This approximately 180-acre area of prime farm land bounded by Madonna Revised as Road, Highway 101, Central Coast Plaza, and Prefumo Creek is in three directed by the ownerships.. The City intends.to preserve signigeant pafts at least one half of Planning this signature working agricultural landscape at the southern gateway to San Commission Luis Obispo as it existed in 1994. 8.9 Madonna Area 8.9.1 This area may be developed further only if surrounding hillsides are permanently protected as open space.(See also hillside planning policy 6.2.6.K.) 8.9.2 Land southwest of the Bianchi ranch house driveway, designated Interim Open Space, may accommodate a generously landscaped, low-intensity extension of the existing tourist facilities. Development locations and building forms should respect the area's extraordinary visual quality and natural slopes, and should maintain views of the mountain from the highway and nearby neighborhoods. 8.93 The area immediately west of Highway 101 should be retained as an open space buffer. 8.9.4 Any plan for further development in this area must address reconfiguration of the Marsh Street interchange. 8.10 Irish Hills Area This approximately 110-acre area extends from Los Osos Valley Road to the base of the Irish Hills, and from Madonna Road to Auto Park Way. It shall be zoned Conservation/Open Space upon annexation, and shall be zoned for appropriate urban districts upon approval of development plans. 8.10.1 About 38 acres northerly from the vicinity of the Garcia Drive intersection is designated Medium-Density Residential. This area may accommodate about 500 dwellings. There should be a range of housing types, with low-density, medium-density, and medium-high density development each occupying about one-third of the area. While a specific plan is not required, development plans (described in policy 1.13.3) are required and should include the following: A. Street intersections consistent with the Circulation Element and no driveway access, to minimize disruption of traffic flow along Los Osos Valley Road. B. Pedestrian, bicycle, and vehicle access between any separate development sites, in addition to access provided by Los Osos Valley Road. C. Sufficient setbacks for traffic noise mitigation. D. Building heights, setbacks, and spacing to allow views of the Irish Hills from Los Osos Valley Road. E. Permanent open space protection of hill areas at least equal to the development area. 8.10.2 About 72 acres southerly from the vicinity of the Garcia Drive intersection is designated l _ L Proposed General Plan Land Use Element Amendments Page 57 General Retail. While a specific plan is not required, development plans (described in policy 1,13.3) are required and should include the following: A. Street intersections consistent with the Circulation Element and no driveway access, to minimize disruption of traffic flow along Los Osos Valley Road. B. Pedestrian, bicycle, and vehicle access integrating circulation among any separate development sites, in addition to access provided by Los Osos Valley Road. C. Building heights, setbacks,and spacing to allow views of the Irish Hills from Los Osos Valley Road. D. Permanent open space protection of hill areas at least equal to the development area. REVIEW & AMENDMENT 9.1 Comprehensive Reviews The City should conduct a comprehensive review of this element about every ten years, and at other times deemed necessary by the City Council, considering possible changes in citizen's preferences, technology, population characteristics,and regional plans. 9.2 Amendment Proposals Amendments to this element, requested by citizens or deemed useful by the Planning Commission or the City Council, will be considered by the City. Such amendments should be considered in groups, not morethan four times each year. 9.3 Annual Report The City will prepare an annual report on the status of the general plan,during the first quarter of each calendar year, to include the following: A. A summary of private development activity and a brief analysis of how it helped meet general plan goals; B., A summary of major public projects and a.brief analysis of how they contributed to meeting general plan goals; C. An overview of programs, and recommendations on any new approaches that may be necessary. D. A status report for each general plan program scheduled to be worked on during that year, including discussion of whether that program's realization is progressing on schedule, and recommendations for how it could better be kept on schedule if it is lagging; E. A status report on how the City is progressing with implementing its open sp$ce preservation policies and programs; 57 5 _ G a 7 Proposed General Plan Land Use Element Amendments Page 58 F. Updated population or other information deemed important for the plan. IMPLEMENTATION Introduction "Implementation" refers to all the City's actions to carry out the general plan. Besides the programs described in previous sections, the City uses the following means of implementing the Land Use Element. The City's actions under the following headings are to be consistent with the General Plan. 10.1 Zoning Regulations consist of the zoning map, lists of uses allowed in certain zones, property- development standards such as maximum building height and minimum parking, and procedures intended to give the interests of development applicants and other citizens fair consideration. 10.2Subdiv6ion Regulations cover the division of land into parcels which can be sold, and set basic standards for streets and utilities.. 10.3 Architectural review applies to the layout and outdoor appearance of new housing tracts, multifamily developments, hillside development, stores, offices, and manufacturing buildings, and remodeling of some downtown buildings and historical buildings. 10AGrading Regulations limit the amount and methods of reshaping the ground to accommodate development. 10.5 Budgets spell out how City funds will be obtained and spent, particularly the capital improvement program, a multiyear list of major facilities and equipment which the City will buy or build. The capital improvement program includes water sources and sewage treatment equipment, water and sewer lines, and streets and bridges. The Planning Commission reviews this program for conformity with the general plan. 10.61'roperty management covers buying land for new City facilities and for public open space, and selling or leasing land no longer needed for a City government function. 10.7 Development plans and specific plans bridge between general policies and actual construction plans. 10.8 Public Planning is a way for the City and its Citizens to help shape the City's future environmental quality. Before considering private proposals for a major development, such as a specific plan, special-design area, or a large subdivision or planned development not within a specific plan, the City should conduct an evaluation of environmental opportunities and constraints, to which a private proposal can respond. Features to be examined include toxic contamination, airport operations, ground slopes, seismic hazards, soil and groundwater characteristics, wildlife habitats, scenic values and impacts, agricultural values, open space preservation, aquatic ecosystems, air quality, sustainability impacts,road and rail traffic noise, water and sewer service limits,access and circulation, and historic and archaeological resources. 10.9 Environmental Review is a formal way to inform the public and decision-makers of the expected consequences of their actions. Two common types of environmental documents are environmental impacts reports and "initial studies." Before considering private proposals fora major development, such as a specific plan or special-design area, the City should conduct an evaluation of environmental opportunities and constraints, to which a private proposal can respond. Features to �= J y Proposed General Plan Land Use Element Amendments Page 59 be examined would include toxic contamination, airport operations, ground slopes, seismic hazards, soil and groundwater characteristics, significant wildlife habitats, road and rail traffic noise, water and sewer service limits, access and circulation, and historic and archaeological resources. 10.10 Communication, ranging from informal staff discussions to letters from the City Council,. lets other agencies know the City's position based on the general plan. DEFINITIONS Some terms unique to the General Plan or city planning activities are used. They are defined below. Generally, the first time each of these terms appears in the text; it is printed in italics. AgAeUltHF ttip ,.r ." r� � � t ,.r r a rbe beth,a - ... .. ...... .. .... .�xc�ivavccivn-or-rvvc-vr—rtvci�rooarr More.closely ifie--- "a (-) the b• •••gib ef -•er-, 8F ,2, EhO b." - matches the ifflPF8Y0d_Pa5tHFe iafid, OF both (1) and • Agriculture zone Agriculture is generally open land where there has been a history of agricultural as described in cultivation or keeping of livestock, which remains primarily ear open and the Zoning in such use. Regulations Annexation is the extension of the City limits, to increase the area which is subject to City laws and, sometimes, eligible for City utilities and services. Annexations are acted on by the Local Agency Formation Commission, according procedures and standards in State law. This commission is made up of two members of the County Board of Supervisors, two members of councils of the cities within the County, and a public member.. Aquatic ecosystems are biological communities that have developed in and around creeks, Laguna Lake, floodplains,marshes, wetlands, serpentine seeps, and springs. Arterial street is a major road connecting different areas of the City with each other and with highways. Driveway access is usually limited. (See also the Circulation Element.) Business park is a master-planned, campus-like setting for research-and-development or light- manufacturing industries. Building intensity is a measure of the amount of floorspace in relation to site area. It is expressed as the ratio of gross building floor area to site area. For example, where a ratio of 1.0 is allowed, building floor area can equal site area. In this example, a one-story building could cover all of the site (except any required setbacks), a two-story building could cover one-half the site, or a three-story building could cover one-third of the site. (See also "density.") Civic Center is a part of downtown where certain types of City and Cotinty government offices are to be concentrated. Collector street is a street serving a neighborhood or.subarea of the City, usually having only two lanes. See also the Circulation Element. 59 y Proposed General Plan Land Use Element Amendments Page 60 Commercial core is the part of downtown's commercial area where buildings generally cover whole parcels and there is little or no on-site parking. See Figure 3. Creek is a waterway or portion of a waterway so designated on the Open Space Element "Creek Map," or other source as defined in the Open Space Element; creek includes a natural watercourse or altered_ natural watercourse where water flows in a definite channel, with a bed and banks. Creek setbacks establish the minimum distance that development must be from a creek's physical top of bank or the outer edge of riparian vegetation, considering preservation of creek habitat and adequate space for natural changes and the storm design capacity, as provided in the Open Space Element. Density describes how many things of a certain kind occupy an area of land. Density is often expressed as the number of residents, dwellings, or employees per acre. In this element, it means the maximum number of dwellings per acre that may be allowed. (See also "building intensity.") Development limit line is a boundary, inside the urban reserve, between land to remain open and land which can be developed. It has been applied to certain hillsides. Development plan is a plan for development of a certain site which has been rezoned under the "planned development" section of the City's Zoning Regulations. A development plan shows land uses, roads, utilities, building outlines, and development timing in more detail than the general plan, but not so precisely as construction plans. Downtown is the central part of the City, generally bounded by Highway 101, the railroad, and High Street, including the commercial core and historic residential neighborhoods. Expansion areas are places that the City has decided will be appropriate for urban development,generally next to and extending beyond the City limits at the time the plan was adopted. The relatively large major expansion areas are shown and named on the plan map. Some smaller expansion areas are also shown; others may be designated as the City identifies additional places which meet certain standards that make them appropriate for urban development. General Retail is a commercial land-use category which includes specialty stores as well as department stores, restaurants,and some services such as banks. Greenbelt is the essentially undeveloped open land beyond surrounding the City's urban reserve line, which maintains the City's rural setting and ecological integrity by preserving hillsides, agricultural land, wildlife and.native plant habitat, and other open space. Health-Care area is a district on Johnson Avenue where County and related private health-care facilities are to be located. High-Density Residential is a land-use category for attached or closely spaced dwellings, usually in multistory buildings, for group housing, and for other uses that are supportive of and compatible with residential neighborhoods. Hillside planning areas are places at the City's edges where a relatively precise boundary between y Proposed General Plan Land Use Element Amendments Page 62 Planning area is the land within the city limits where the City can control development as well as the area outside the City limits where the City is particularly concerned with land use. See Figure 1. Prime agricultural land means land which the U.S. Soil Conservation Service considers to be Class I or Class IL These soils have few or no limitations for growing crops due to slope,depth, texture, drainage, or inherent fertility. Programs are actions which the City intends to take in pursuit of its goals and policies. Public is a land-use category for government facilities, such as schools, offices, meeting rooms, police and fire stations, and maintenance yards. Recreation is a land-use category for publicly or privately owned recreation facilities, either outdoors or buildings within a park-like setting. Region generally means San Luis Obispo County. Residential Neighborhood is a designation for the major residential expansion areas shown on the General Plan Land Use Map, which are to include a wide range of housing types and costs, and supporting uses such as small parks, elementary schools, and shopping and services to meet the daily demands of neighborhood residents. Residential/Office is a potential land-use category for downtown neighborhoods which have started to make the transition from residential to office uses, where the City wants to assure than housing is protected or replaced as office development occurs. Riparian means characteristic of creeks or their edges. Rural commercial is an intensity of land-use in the airport area. Rural commercial includes farming as well as businesses which need a lot of.space; which can be supported by on-site water supply and waste disposal rather than City water and sewer service, and which do not concentrate substantial numbers of employees or customers. Rural Residential is a land-use category for one or fewer dwellings per ten acres, where City water and sewer services are not available. Services and Manufacturing is a land-use category including repair and maintenance services, retailing of items such as vehicles and building materials,and light manufacturing. Small residential care facility means a home for not more than six people who need supervision or help With daily activities. Social services area is a district on South Higuera Street near Prado Road where government agencies providing income-maintenance and employment services are to be located. Special design areas are sites where the general plan anticipates a broader range or mix of uses than would be allowed by the named land-use categories, and where those uses can be developed only as part of a 5'�� Proposed General Plan Land Use Element Amendments Page 61 potential development areas and open space has been drawn, and where special development standards apply. Historical resources are places, buildings, or artifacts which represent periods in local history. Infill is development on vacant sites which are essentially surrounded by urban development, and inside the city limits existing when this element was adopted. Interim Open Space is a land-use category for areas which may be suitable for development someday but which should be kept open until certain constraints to development are overcome. Local street is a street providing access to all or part of a neighborhood, and not carrying through traffic. See also the Circulation Element. Low-Density Residential is a land-use category for dwellings that provide a sense of individual identity and neighborhood cohesion for the households occupying them, generally detached, one- or two-story buildings; with private outdoor space separating them from neighboring dwellings, and other uses which are supportive of and compatible with these dwellings: Medium-Density Residential is a land-use category for dwellings that provide a sense of individual identity and neighborhood cohesion for the households occupying them, but in a more compact arrangement than Low-Density Residential. Such dwellings are generally one- or two-story detached buildings on small lots, or attached dwellings, with some private outdoor space for each dwelling. Other uses which are supportive of and compatible with these dwellings, such as parks, schools, and churches, may be permitted. Medium-high-density residential is a land-use category for attached or closely spaced dwellings, usually in multistory buildings, for group housing, and for other uses that are supportive of and compatible with residential neighborhoods. Neighborhood Commercial is a commercial land-use category for businesses which primarily meet the frequent shopping demands of people who live nearby, such as supermarkets and drug stores. Office is a land-use category for professional and financial services,and related, supporting businesses. Old Town means the part of downtown which includes the residential areas around the commercial core, where most original houses were built before 1940. Open Space is land or water area which remains in a predominantly natural or undeveloped state, and is generally free of structures. Such lands protect and preserve the community's natural and historical resources, define the urban boundary, and provide visual and physical relief from urban development.. Open spaces may consist of small portions of a parcel or large tracts of land. Such lands may include farming and grazing; creeks, marshes, watershed and floodplains; scenic resources; plant and animal habitat; historic and archaeological resources;and passive recreation areas. Park is a land-use category for publicly owned parks. Passive recreation means low-impact activities such as hiking, bird-watching, nature photography, trails, nature study, viewing stations, interpretive areas,and similar uses. 61 5 _ �� l �l Proposed General Plan Land Use Element Amendments Page 63 development plan which solves certain problems. Specialty store is one which offers a limited range of typically small consumer items to a wide market area, such as a shoe store, book store, or tobacco shop. Specific plan is a document adopted by the City to show land uses, roads, utilities, other public facilities, and development timing in more detail than the general plan, but not so precisely as subdivision maps or construction plans. Suburban Residential is a land-use category for not more than one dwelling per acre, where City water and sewer services are not available. Tourist Commercial is a land-use category for businesses which primarily serve visitors and the traveling public, such as motels,gas stations, and restaurants. Urban reserve line is the boundary between areas that the City has decided may be appropriate for urban development and land to remain in open-space and rural uses. Agricultural and open space uses may also be maintained within the urban reserve: Urban use is a relatively intensive use of land which normally requires City water and sewer service; urban uses are nearly all the types of development accommodated in the following categories of this element: low-, medium-, medium=high, and high-density residential; neighborhood, tourist, and general-retail commercial;offices;services and manufacturing;business parks,and most public buildings. Warehouse store is a large retail or wholesale store which sells items primarily in bulk quantities or containers, and which has minimal range of brands and minimal display space that is separate from storage areas. Wetland is any area where one or more of the following attributes exist: 1. At least periodically, in years of normal rainfall, the plants are those which thrive only in water or saturated soil. 2. The substrate is predominantly undrained hydric soil as defined by the United States Soil Conservation Service. 3. Substrate other than soil is at least periodically saturated or covered by shallow water at some time during the growing season in each year of normal rainfall. Jh/UConservationandOpenSpaceElement/ReportAttachments/proposed LUE amendments2-8-06 63 February 8, 2006 Proposed Amendments to the 2001 Parks and Recreation Element The Parks and Recreation Element, last revised and adopted in April 2001, is hereby amended as shown below. 1.33.5 Recreation policies and programs shall reinforce the objectives and programs in the Conservation and Open Space Element, Land Use Element, Circulation Element, Bicycle Transportation Plan and Pedestrian Transportation Plan. 2.58.1 Open space shall be managed in a manner that provides for appropriate public access and enhances the natural environment, consistent with the Conservation and Open Space Element. Jh/L/ConservationandOpenSpaceElement/ReportAttachments/proposedPREC amendments12-8-06 S/ CJ 1 y February 8, 2006 Proposed Amendments to the 2000 Safety Element The Safety Element, adopted in July 2000, is hereby amended as shown below. S 1.1: Flood Hazard.Avoidance and Reduction A) The City will develop and carry out environmentally sensitive programs to reduce or eliminate the potential for flooding in previously developed, flood-prone areas of the city. B) The City should allow flood waters to move through natural channels. Flow should be accommodated by removing debris and man-made obstructions. The City recognizes that many natural channels cannot contain runoff from a storm greater than a 25-year event. Areas flooded by storms as large as a 100-year event will be mapped. C) No new building or fill should encroach beyond, or extend over, the top- of-bank of any creek. D) Within predominantly developed areas (such as downtown) infill, remodel, and replacement projects should not displace more flood water than previous structures on the site or in the vicinity. Commercial buildings may be flood-proofed where providing floor levels above the 100-year storm flow is not appropriate due to adjacent improvements. New infill buildings may be required to have greater setbacks:than their older neighbors. E) Within new development areas, such as the potential expansion areas shown in Figure 2 of the Land Use Element, substantial displacement of flood waters should be avoided by: 1) Keeping a substantial amount of flood-prone land in the vicinity as open "space; 2) Enlarging man-made bottlenecks, such as culverts, which contribute to flood waters backing up from them; 3) Accommodating in such places uses which have relatively low ratios of building coverage to site area, for which shallow flooding of parking and landscape areas would cause minimum damage. 4) Requiring new buildings to be constructed above the 100-year flood level. F) Creek alterations shall be considered only if there is no praetieable practical alternative, consistent with the Conservation and Open Space Element. G) Development close to creeks shall be designed to avoid damage due to future creek bank erosion. Property owners shall be responsible for protecting their developments from damage caused by future bank loss due to flood flows. y Proposed General Plan Safety Element Amendments Page 2 S 2.2: Wildland Fire Safety A) Wildland fire hazards shall be classified as follows:... [Table and map not shown.] B) Development shall be excluded from areas of high and extreme wildland fire hazard. C) Buildings that are in areas of moderate fire hazard and which are close to areas of high or extreme fire hazard shall have non-combustible exteriors; noncombustible exteriors are encouraged for all buildings in moderate fife hazard areas. D) In areas of moderate or higher wildland fire hazard, defensible space— accessible space free of highly combustible vegetation and materials— shall be provided around all structures. E) It is recognized that vegetation types, and therefore wildland fire hazards, may change due to natural causes and human activity. Changes are expected to be minimal in areas that the Land Use Element designates as Open Space. Substantial changes are expected in areas that the Land Use Element designates for development. Any losses of native plant habitat must be mitigated as required by the Conservation and Open Space Element. Jh/UConservationandOpenSpaceElement/ReportAttachmenWproposedSAFE amendments2-8-106 57 2 i 1 1 J February 8. 2006 Proposed Amendments to the 2002 Water and Wastewater Element The Water and Wastewater Management Element, last revised and adopted in June 2004, is hereby updated as shown below. 1.1.3 Groundwater The amount of groundwater which the City will rely upon towards safe annual yield is identified in policy 1.1.2. The City will maximize the use of groundwater in conjunction with other available water supplies to maximize the yield and long- term reliability of all water resources and to minimize overall costs for meeting urban water demands. The City shall monitor water levels at the well sites to determine whether reduction or cessation of pumping is appropriate when water levels approach historic low levels. B. The Gity will nvrCVlTijJGiG with ve agfieultur-al Use of gr-oundwate euts'.1 M Fb reseR,e 1' er- damage wildlife habitat_thteugh re.i....pd 1 fl brei 1 to of water.����Siirovearn'rFrb`e�i�See supply. To be deleted and replaced by Conservation and Open Space Element policy 10.21.2. The policy is reworded to require City consideration of the effects of water supply projects and to ensure continued water availability for agriculture, wildlife habitat and stream flow. As currently worded, any water-supply project could be found inconsistent due to "competition" with nominal impact. "Natural" would be deleted as a modifier of stream flows, recognizing the desire to maintain certain treated effluent discharge to San.Luis Obispo Creek for habitat benefits. Jh/UConservationandOpenSpaceElementIReportAttachmen;s/proposedW ATW ASamendments2-8-06 i �` city of san Luis oe..po consewation and open space c,...ment Attachment 5 ..1 ®� sm conseavation ana open space Element Adoption Date San Luis Obispo City Council Resolution No. (2006 Series) SAN LUIS OBISPO CITY COUNCIL David Romero, Mayor Paul Brown John Ewan—, Viee-Mayer Christine Mulholland Allen Settle, Vice-Mayor PLANNING COMMISSION Jim Aiken (former member) Michael Boswell (former member) Andrew Carter Carlyn Christianson s Orval Osborne, Chair Andrea Miller, Vice-Chair Natural Resources Inventory Group Phil Ashley,Ray Belknap, Dr. David Chipping,Don Dollar, Gary Felsman, Pam Heatherington, Dr. V. L. Holland Cultural Heritage Committee Bob Schrage, Chair Paula Juelke Carr, Chuck Crotser, Margot McDonald, Steve McMasters, Tom Wheeler, Matt Whittlesey Tree Committee Steve Cam' iti former member Linda Hauss, Teresa Larson (Parks &Recreation Commission representa ve), pes (Architectural Review Commission representative),Laura Rice Administration Ken Hampian, City Administrative Officer; Shelly Stanwyck, Assistant City Administrative Officer; Dr. Neil Havlik, Natural Resources Manager City Council Hearing Draft iii March 2006 ,5-93 Attachment 5 city of san lues obespo consei vation ana open space E«mEnt often the most appropriate uses. The Parks and Recreation Element consists of plans for indoor and outdoor recreational facilities primarily for active recreational uses, such as parks, playfields and community centers. 1.2.0 Use of Terms In the General Plan, a goal is a desired end state or condition that the community wants to achieve. A policy describes an approach to achieving a goal. A program is a specific action the City intends to take to implement policy. Numbering of goals, policies and programs is for ease of reference and does riot imply relative importance unless so stated. As used here, the terms "shalr or "will" are mandatory and mean that an action shall be taken or procedure followed without except on. ould" means that such an action or procedure will be followed def less there are significant, countermanding reasons or factors that prevent co ation. The terms "encourage", "promote", "support" are permissive and indicate a desirable, but not a mandatory action. They indicate intent to take action but are not linked to a specific time frame or work program. 130 Purpose ." San Luis Obispo residents are justly proud of their rich and diverse environmental setting. Creeks, hills, morros, valleys _ R , i and farmland create a striking landscape which is home to a wide variety of plants and animals. These natural gifts form a distinctive city backdrop and help maintain the overall quality of life for all to enjoy. And unlike many other heavily urbanized areas; San Luis Obispo's environmental :z.�:_;_• :-; � , . character and diversity remains. However the City and regions special character is threatened by development pressure that incrementally degrades special geographical, biological, geological and other natural resources. The Conservation and Open Space Element is a tool to protect and preserve these unique community resources. Its overarching goal is to protect resources (such as air and water, wildlife habitat, scenic and agricultural lands, watershed and historic features) with a secondary goal of accommodating passive recreation where it will not harm the environment or interfere with agricultural operations. San Luis Reservoir Canyon waterfall Obispo's environmental quality is a precious gift. When surveyed, City residents have repeatedly placed open space and City Council Hearing Draft 2 March 2006 .s- `�q Attachment 5 city of san Luis obispo conseAvation ana open space tLziment 2.0 AIR 2.10 Background We live at the bottom of a relatively shallow "ocean of air" that sustains and protects us. While progress has been made in reducing toxic emissions from individual sources, • o growth in the number of sources and the accumulation of asses tha owing co erns. The Ci y is located in an air basin that continues to b An "inversion layer" is formed by stable air masses - n or with different temperatures trapping pollutants. San PM10(fine particulate matter) air pollution. Luis Obispo has one of the lowest inversion layers in the state 2.20 Goals and Policies Goal 2.2 . uali ve aintain air quality that supports , health and enjoymen forall City e�s those who live or work in the City and for visitors. Policies 2:21.1. Atmospheric change. City act' s sh eek to minimize undesirable climate changes and deterioration s e functions that result from the release of carbon dioxide and other substances. 2.21.2. Health standards. Air quality should meet State and Federal standards, whichever are more protective, for human health. 2.21.3. No decline. Air quality should not decline from levels experienced during the early 1990s, when the community's growth capacity was last re-examined. 2.21.4. Promote walking, biking and use of public transit use to reduce dependency on motor vehicles. City ac ' s slaeald shall see to reduce dependency on gasoline- or diesel powered motor vehicles t ncoura wa king, biking and public transit use. City Council Hearing Draft 7 March 2006 5_ 1s Attachment 5 city of san Luis o'sispo conseRvation anb open space e«ment Goal 2.22 Model City. The City will be a model of pollution control efforts. It will manage its own operations to be as pollution free as possible. The City will work with other agencies and organizations to help educate citizens in ways to prevent air pollution. 2.30 Programs The City will do the following in support of air quality, and will encourage individuals, organizations and other agencies to do likewise.. 2.30.1. Employ best available practices in City operations. "Best available practices" means behavior and technologies that produce the least air pollutants fora desired outcome, considering available equipment, life-cycle costs, social and environmental side effects and the regulations of other agencies. If the level of air pollution continues to exceed State or Federal standards, the City will consider modifying its General Plan to comply with the standards. 2.30.2. Air quality monitoring. Along with other agencies and organizations, the City will help the Air Pollution Control District implement the County Clean Air Plan. The City, working with involved agencies and organizations, will help implement programs to reduce the number of single occupant trips in gasoline and diesel-fueled vehicles, including restrictions on and alternatives to car access for Cal Poly and Cuesta College. In addition, the City will monitor air quality as one measure of achieving environmental sustainability. 2.30.3. Alternative transportation/land use strategies. Implement public transit-, bicycle- and pedestrian-oriented land use and design strategies in new development, as described in the Land Use and Circulation Elements of the General Plan to reduce the number of single-occupant trips in fossil-fueled vehicles. 2.30.4. Alternative transportation incentives. Encourage California State Polytechnic University (Cal Poly) students, faculty and staff, Cuesta College students, faculty and staff and San Luis Obispo County government employees to provide incentives for students and employees to use alternative transportation such as walking, public transit and bicycles, and disincentives to discourage single-occupant motor vehicle use. Examples of possible incentives may include flexible employee schedules, financial incentives for carpooling or use of public transit, preferential carpool parking and other similar measures. 2.30.5. General Plan amendment. If General Plan policies .and programs, environmental miti ation measures d as cond ' develo or otherro ams or centives d to offset sigscant air-quality i acts of growth prove t e ineffective, e City wi44: 1) amend will consider amending its General Plan to reduce its development capacit and 2) will encourage other jurisdictions to reduce theirs so that air quality will not deteriorate to unacceptable levels due to growth. The City would then eensideF MiSifig planned deivelepment Co Council Hearing Draft 8 March 2006 iicity of san Luis om' o conseuvation ana open space mo ment Attachment 5 maintenance responsibilities within that parcel or eas ent should shall clearly defined and conditioned prior to map or project approval. B. Designate such easements or dedication areas as open space or parkland as appropriate. C. Maintain such resources by prohibiting activities that may significantly degrade the resource. 330 Programs. The City will do the following to protect cultural resources, and will encourage others to do so, as appropriate: 3.30.1. Cultural Heritage Committee.The City's Cultural Heritage Committee will: A. help identify, and advise on suitable treatment for, archaeological and historical resources; B. develop information on historic resources; C. foster public awareness and appreciation of cultural resources, through means such as tours, a Web site, identification plaques and awards; D. provide recognition for preservation and restoration efforts; E. communicate with other City bodies and staff concerning cultural resource issues; F. provide guidance to owners to help preservation and restoration efforts. G. review new development to deterinine consistency with cultural resource preservation guidelines or standards. 3.30.2. Financial assistance and incentives. The City will participate in financial assistance programs, such as low-interest loans and property-tax reduction programs that encourage maintenance and restoration of historic properties. 3.30.3. Construction within historic districts. The Cultural Heritage Committee and Architectural Review Commission will provide specific guidance on the construction of new buildings within historic districts. 3.30.4. Post-disaster Historic Preservation.The City will be prepared to assess the condition of historic buildings that may be damaged by disasters and to foster their restoration whenever feasible. 3.30.5. Archaeological resource preservation standards. The City will maintain standards concerning when and how to conduct archaeological surveys, and the preferred methods of preserving artifacts. 3.30.6. Educational programs. The City will foster public awareness and appreciation of cultural resources by sponsoring educational programs and by helping to display artifacts that illuminate past cultures, and by encouraging private development to include historical and archaeological displays where feasible and appropriate. City Council Hearing Draft 13 March 2006 p 5-1-7 Attachment 5 `i crty of san Luis obispo consewation an0 open space t.ament 3.30.7. Partnering for preservation. The City will partner with agencies, non-profit organizations and citizens groups to help identify, preserve, rehabilitate and maintain cultural resources. 3.30.8. Promote adaptive reuse of historic buildings. The City will, consistent with health, safety and basic land-use policies, apply building and zoning standards within allowed ranges of flexibility, to foster continued use and adaptive reuse of historic buildings. 3.30.9. City-owned adobes and historic structures. The City will preserve and, as resources permit, rehabilitate City-owned historic adobes and other historic structures by aggressively seeking grants, donations, private-sector participation or other techniques that help fund rehabilitation and adaptive reuse. 3.30.10. Cultural Heritage Committee Whitepaper. The City will implement the rec mendations of the Cultural Heritage Committee's "Whitepaper", including the adoption of an hist ric preservation ordinance. City Council Hearing Draft 14 March 2006 5 -q� Attachment 5 o crty of san Luis ooispo conseitvatton anb open space vtement 4.21.3. Energy-efficiency improvements. City will continue to identify energy efficiency improvement measures to the greatest extent possible, undertake all necessary steps to seek funding for their implementation and, upon securing availability of funds, implement the measures in a timely manner. 4.21.4. Use of energy efficient, renewable energy sources. City will promote the use of cost effective, renewable, non-depleting energy sources wherever possible, both in new construction projects and in existing buildings and facilities. 4.21.5. Cooperation with other entities. The City will cooperate with federal, state and local governments and other appropriate entities to accomplish energy conservation objectives throughout the state, and inform employees, its contractors, staff and the general public of the need for and methods of energy conservation. 4.21.6. Energy efficiency and Green Building in new development. The City shall encourage energy-efficient"green buildings" as certified by the U.S. Green Buil ' ' a rship m ne nviron al gn Progra r uivalent certification, as further described in Ch Ater 5.30.7. „ defined- IR the iteins helaw, „ gr-eefl building is used te Development DePeAffiefit. F �ef than 5,000 squ feet of gfess floor-afea, LEED is appr-eyed. Pef eets,-LEED er-the CalifefRia Green Building Guidelines (,with- San Luis Qhispewamgndmp;;�4 f,4 A. Submit Cheeldist.: 1) The applieaw of any nenfesidential projeet ever- 5000 squafe feet ef gr-ess.flee afea, or- an), fesideatial pr-qjees with five r- mom dwelling Hilits shall submit a efedit will be aehieved. 2) The appheant fef any other- development pr-qjeet not ineluded above shall be be posted for-public, edueation, to traek sueeess and to Faake useful infeFmatiefi available City Council Hearing Draft 19 March 2006 5�-9 q r, Attachment 5 city of san Luis osispo conseuvation an0 open space i�Mment Y"Affl-Ild- _A11F_AV a ]A--Art the baseline eeftifieatien level of that systefa, but strive fer- gFeate E. "eets over- 60,000 SquaFe Feett Nonresidential-pr-ajeets gmatef than 60,000-sqiia� P. City Wojeetse City ewfied pfejeets with a fleer- ama ef gFeater- than 5,000 squem feet gFess, fleef afea shall aekieve at least a LEED Silver- C-eftifieagen fmm the US Gram Building Getmeil, er- the equivaleat fafing using another- appFeved gFeen buil Lifnits gmater-than 5,000 squafe feet ffess Peer aFea Sh;111�P A;�Aiwaged te aehiev , er-the Goal 4.22: City Form The City's form will support energy efficiency and the use of sustainable energy sources. - Policies 4.22.1. Pedestrian- and bicycle-friendly -- design. Residences, work places and The Edna-Islay Area and other city neighborhoods facilities for all other activities will be located have several dwelling types, parks, neighborhood and designed to promote travel by pedestrians services, employment, and bus stops within easy and bicyclists. (also see the Land Use walking or cycling distance Element) 4.22.2. Alternative transportation. The circulation system will foster travel by modes other than motor vehicles, including bicycles and public transit. (see also the Circulation Element) 4.22.3. Compact, high-density housing. The City will promote higher-density, comps t housing to achieve more efficient use of public facilities and services, land resources, improve the jobs/housing balance. City Council Hearing Draft 20 March 2006 5"1tA`,--1' Attachment 5 l� crty of san Luis'. .,ispo conseRvation ana open space .Lement Goal 4.23: Solar access Policies 4.23.1. Solar access standards. To encourage use of solar energy,reasonable solar access shall be provided and protected. The City will protect reasonable solar exposure for existing collectors and likely locations of future collectors, both active and passive. Standards for the subdivision and development of property should assure desirable solar access, as described in. Table 2. Protection beyond that established by the City may be provided by recorded agreement among private parties. Table 2. Solar Access Standards ses '.'ons Desirable Solar Access Residential All south walls and all roof areas should be uses up to about six dwellings per acre, on nshaded during midday on the winter sites of one acre or more. s lstice. Residential early all south walls and all roof areas uses up to about six dwellings per acre, on should be unshaded during midday on the sites of less than one acre. winter solstice_. esi ses between six and 12 All roof areas, nearly all second-story and dwellings per acre, office uses and most first-story south was should be neighborhood commercial uses, on sites of unshaded during midday on the winter one acre or more. solstice. Residential uses between six and 12 Most roof areas, nearly all second-story dwellings per acre, office uses and and most first-story south walls should be neighborhood commercial uses, on sites less unshaded during midday on the winter than one acre. solstice. Residential uses at densities greater than 12 All roof areas and most south walls should dwellings per acre, public facilities and be unshaded during midday on the winter general commercial and industrial uses on solstice. large parcels or in newly subdivided areas. Residential uses at densities greater than 12 Most roof areas and some south walls on dwellings per acre, public facilities, and upper floors should be unshaded during general commercial and industrial uses midday on the winter solstice. within downtown and other locations previously subdivided into relatively small lots. 4.23.2. Subdivision design for solar access. In subdivisions, the layout of streets and lots shall provide and protect solar exposure. To assure maximum control over potential shading features, the longest dimension of each lot should be oriented within 30 degrees of south, unless the subdivider demonstrates that for certain lots any of the following applies: City Council Hearing Draft 21 March 2006 5 -1d! Attachment 5 crty of san Luis , .,-ispo conseuvation ana open spacc,,lement and private sector grant opportunities, utilities and other unique public/private sector financing arrangements. 4.30.12. Monitor energy use. The City will monitor energy age in ali maior ' y facilities and prepare a system wide biannual report on energy use and effici 4.30.13. Prepare energy plan. The re are an energy plan leading to the long range reduction in the use of non-renew a resources and ncreased use of renewable resources in City services and facilities. Such a p sl}e� shall i clude standards for construction of new City buildings, public facilities' mai nanc , water conservation, solid waste management, and energy conservation strategies in City fac> >ties. The plan will be implemented by all City departments. 4.30.14. Adopt Green Building standards. The City will adopt an ordinance containing requirements and incentives for innovative, environmentally friendly (also known as "green" or "sustainable") development and building projects. Examples of projects that may qualify for such incentives may include: A. Those incorporating innovative, technologically advanced energy-efficient design concepts significantly exceeding State of California Title 24 standards. B. Those utilizing "green" building materials and permaculture landscape concepts. C. Those containing specific, implementable and sustainable measures for reduced dependence on automobile parking demand. Possible development incentives to be considered in this ordinance could include density bonuses, setback variations, modified street standards, reduced parking standards or similar modifications to standard requirements. 4.30.15. Consider City-owned green energy utility. As conditions and resources allow, the City may examine the potential to create a city-owned energy utility. 4.30.16. Promote technology and energy conservation businesses. The City's Economic Development Manager should help establish the City as a center for conservation technology by working with other community organizations and individuals to attract and promote such businesses. This effort should build on existin ca acit sources, as that i algove usme ps, Cuesta College an at Cal Poly. 4.30.17. Require solar power for new dwellings. Within new single.family residential projects of 20 or more dwelling units, 5% of the total number of dwelings shall be built with photovoltaic solar peweF collectors beginning in 2008; this percentage shall increase by 4% of the new units built each year until 2020. Multi family residential developments shall be exemQ from this requirement except for common-use facilities in multi family residential developments, such as.recreation rooms or swimmin ools. City Council Hearing Draft 25 March 2006 city of san Luis Obispo conseRvation an0 open space em;ment Almchment 5 5.30:3. Coordinate waste reduction and recycling efforts. The City will coordinate local; and participate in regional, household and business waste-reduction and recycling efforts. 5.30.4. Use of materials with reduced environmental cts. In its facilities and operations, the City will use materials and systems with redu d environmen impacts. The design team (architect/engineer) for new buildings and facil' ies Shea m shall omend building materials and methods with life cycles (manufacture, inst 'on, .ce, repair and replacement) of reduced environmental impacts. Considerations will include energy efficiency; energy required in the manufacturing process; life-cycle duration; and maintenance and replacement costs. 5.30.5. Recycling businesses inventory. The City will maintain an inventory of current recycling businesses and services and make it available to the public. 5.30.6. Expanded public education. The City will expand its public education outreach efforts to raise public awareness of energy and materials conservation goals, sustainable technology, benefits and 5.30.7. Energy efficiency and Green.Building in new development. The�City shall encourage material and energy-efficient"green buildings"as certified by the U.S. Green Building Council's LEER (Leadership in Energy and Environmental Design)Program or equivalent certification, as described-below. "Green Building Checklist"defined: In the items-below, "green building.checklist" is used to can the checklist of a green building certification system approved by-the Community Development Department. For projects greater than 5,OOO square feet of gross floor area,LEED is approved. For residential projects, LEED or the California Green_Building Guidelines (with San Luis Obispo amendments) are approved. H. Submit Checklist: 1) The applicant of any nonresidential project over 5000 square feet of gross floor area, or any residential project with five or more dwelling units shall submit a completed green building checklist to the Community Development Department. The applicant shall be encouragedto submit an optional narrative describing how each credit will be achieved. 2) The applicant for any other development project not included above shall.be encouraged to submit a completed green building checklist to the Community Development Department. I. CDD Comments: The Community Development Department shall provide non- mandatory comments in regards to the submitted green building checklist as appropriate J. Posting of Checklist. Completed green building, checklists and optional narratives shall be posted for public education, to track success and to make useful information available ure building occupants. City Council Hearing Draft 29 March 2006 5 - 1b3 Attachment 5 city of san Luis wispo conseuvati SLE E. Checklist Goals: All proiects listed above shall be encouraged to achieve a score that would allow at least the baseline certification level of that system but strive for greater achievement. LEED or other outside certification is not required F. Projects over 60.000 Sauare Feet: Developers of nonresidential proiects greater than 60,000 square feet gross floor area as further described in Chapter 17.40 of the Zoning Regulations, shall be encouraged to achieve at least a LEED Silver Certification from the US Green_Building Council or the equivalent rating using another approved green building certification system approved by the Community Development Department One means of implementing this policy will be through development review of and Zoning Regulations regarding large commercial buildings G.. City Projects: City.-owned proiects with a floor area of greater than 5,000 square feet gross oor area shall achieve at least a LEED Silver Certification from the US Green Building Council or the equivalent rating using another approved green building certification system approved by the Community Development Department H. Other Governmental Buildings: All governmental agency proiects within the City Limits greater than.5.000 square feet gross floor area shall be encouraged to achieve at least a LEED Silver Certification from the US Green Building Council or the equivalent rating using another approved green building certification system 5.30.8. Recycline Facilities in New Develo menL During development review, the City shall r ire facilitie ew develo ments to accommodate and encouraLye remling. . City Council Hearing Draft 30 March 2006 5 -1 b`f ( `tac Ment 5 city of san Luis dBispo conseRvation and open space bLement 7.0 Natural Communities 7.10 Background "Natural Communities" refers to the web of organisms, other than people, that live in the area. Many of the physical requirements for natural communities are provided by open - - - space. Natural communities give open space Southern steelhead trout much of its value for human enjoyment. (Oncorhynchus mykisss) Natural communities also have value in their own right, independent of their role as sustainers of the- human community or as a pleasant background. As urban uses expand into open space, the natural cycles and interrelationships upon which natural communities depend are altered. This results in the disturbance, displacement, loss of habitat or mobility and the loss of animal or plant populations. For example, each species requires a specific range of environmental conditions to survive and reproduce. Areas within this range constitute the species' niche or more generally, habitat. Animals move within and through habitat areas to find water, food, shelter, and to reproduce. Such movements have evolved overtime to fit animals' needs within the natural landscape. Urban development and linear barriers such as major roadways change the landscape too quickly for many animals to adapt, thus interrupting and blocking such movement. As a result, wildlife populations are separated from their historic habitat and from other breeding populatio the same species. The result: a gradual reduction in the numbers and diversity of e. As a teward for the natural resources of future generations, the City must prese a s� bitat and the species that it supports. San Luis Obispo is surrounded by extensive open space areas that provide habitat to many animal species. The City's many creeks provide sheltered corridors that allow wildlife to move between habitats and open space areas. To help preserve natural communities, it is important to protect, improve and where appropriate and feasible, protect and re-establish these corridors. 7.20 Goals and Policies Goal 7.21 Sustainable natural populations. The City will maintain and enhance conditions necessary to enable a species to become self-sustaining. Within the San Luis Obispo planning area, the City will seek to achieve self-sustaining populations of the plants., fish and wildlife that made up the natural communities in the area when urbanization began. City Council Hearing Draft 33 March 2006 .S A*tachl.lent 5 `e crty of san Luis oBispo conseRvatton anb open space element 7.21.2. Species of local concern. The City will: A. Maintain healthy populations of native species in the long term, even though they are not listed for protection under State or Federal laws. These "species of local concern' are at the limit of their range in San Luis Obispo, or threats to their habitat are increasing. B. Identify the location, habitat and buffer needs of species of local concern. This information will be developed by qualified people early in the planning and development review process. (These species are listed in Appendix A, which may be revised by the City's Natural Resources Manager or other biological resource professional upon public notice. Anyone may nominate species for the list.) C. Protect species of local concern through: its actions on land-use designations, development standards, development applications; the location, design, construction and maintenance of City facilities; land that the City owns or manages. D. Encourage individuals, organizations and other agencies to protect species of local concern within their are5poCzespopsibility and jurisdiction. E. Protect sensitive habit eluding creeks, from encroachment by livestock and human activities. 7.21.3. Wildlife habitat and corridors. Continuous wildlife habitat, including corridors free of human disruption, shall be preserved and where necessary, created by interconnecting open spaces, wildlife habitat and corridors. To accomplish this, the City will: A. Require public and private developments, including public works projects, to evaluate animal species and their movements within and through development sites and create habitats and corridors appropriate for wildlife. B. Plan for connectivity of open spaces and wildlife habitat and corridors using specific area plans, neighborhood plans, subdivision maps or other applicable planning processes, consistent with Open Space Guidelines. C. Coordinate with San Luis Obispo County and adjoining jurisdictions, federal and state agencies such as Caltrans to assure regional connectivity of open space and wildlife corridors. D. Preserve and expand links between open spaces,and creek corridors, as shown in Figure 3. Goal 7.22: Trees and other plants. Protect, preserve and create the conditions that will promote the preservation of significant trees and other vegetation, particularly native California species. Cidup l' tion of significant trees. Significant trees, as determined by the City Council or dies, are those maki g substan ' to eci e, o y. Significant trees, particularly native species, shall be protected. Removal of significant trees shall be subject to the criteria and mitigation City Council Hearing Draft 37 March 2006 S -t b� i+ crty of san Luis ostspo consematton anb open space ewment Attachment 5 requirements of Policy 8.25.3. Oak Woodland communities in the Greenbelt and in Open Space- areas shall be retained. 7.22.2. Use of native California plants in urban landscaping. Landscaping should incorporate native plant species, with selection appropriate for location. 7.22.3. Heritage Tree Program. The City will continue a program to designate and help protect "heritage trees." 7.22.4. Preservation of grassland communities and other habitat types. Grassland communities and other habitat types in the Greenbelt and in designated Open Space areas shall be preserved. 7.22.5. Soil conservation and landform modification. Public and private development projects shall be designed to prevent soil erosion, minimize landform modifications to avoid habitat disturbance and conserve and reuse on-site soils. Goal 7.23: Minimize synthetic or organic environmental toxins. Policies 7.23.1. Environmental toxins. The City will avoid the use of synthetic organic chemicals unless there is no practical alternative, and support use of integrated pest management techniques. When the use of a synthetic organic chemical cannot be avoided, the material shall be selective (its effect limited to the target species so far as possible), and it shall be applied selectively. 730 Programs 7.30.1. Protect natural communities. The City will do the following in support of natural communities. The City will encourage individuals, organizations, and other agencies to take the same actions within their areas of responsibility and jurisdiction: A. Implement the Natural Communities policies above. B. Participate.in any area-wide planning efforts such as Habitat Conservation Plans under the U.S. Endangered Species Act. C. Participate in environmental review conducted by other agencies for projects that could affect natural communities in the San Luis Obispo planning area. D. Develop and mai curren nchmar ' ormation on a itat types condition . For listed speci s cies of local concern and Native Plant Societ listed s species/ develop and m to enchmar fo on oc sof populations, population num er and density estimates, limiting factors, environmental threats other pertinent information for use in planning and environmental review. 7.30.2. Repla vasiv on-native vegetation with nati tion. The City and private development wt o and enhance habitat by removi g invasive non- vegetation that detracts from habitat values and by replanting it with na i iforni plan ecies. The City Council Hearing Draft 39 March 2006 --I b-7 Almchlnent 5 ii crty of san Luis osrspo consei vation an0 open space element Natural Resources Manger will prioritize projects and enlist the help of properly trained volunteers to assist in non-native vegetation removal and replanting when appropriate. 7.30.3. Preserve ecotones. Condition or modify development approvals to ensure that "ecotones," or natural transitions along the edges of different habitat types, are preserved and enhanced because of their importance to wildlife. Natural ecotones of particular concern include those along the margins of riparian corridors, marshlands, vernal pools, and Oak woodlands where they transition to grasslands and other habitat types. 7.30.4. Protect wildlife corridors. Condition development permits in accordance with applicable mitigation measures to ensure that important corridors for wildlife movement and dispersal are protected. Features of particular importance to wildlife include riparian corridors, wetlands, lake shorelines, and protected natural areas d water. Linkages and corridors shall be provided to maintain connections betwee sensitir+e itat areas. 7.30.5. Creek Setback . As further described in the Zonin Regulations.t e City will maintain creek setbacks to include: an approp ' of bank, the appropriate floodway as identified in the Flood Management Policy, native riparian plants or wildlife habitat and space for paths called for by any City-adopted plan (Figure 4). In addition, creek setbacks should be consistent with the following: A. The following items should be no closer to the wetland or creek than the setback line: buildings, streets, driveways, parking lots, above-ground utilities, and outdoor commercial storage or work areas. B. Development approvals should respect the separation from creek banks and protection of floodways and natural features identified in part A above, whether or not the setback line hJL44een established. TIFF atures which normallySuldbeside the ree tback maybe permitted to croach where there is n rap ctical alternal to allow reasonable development of a parcel, consionservation and O Space Element. D. Existing bridges may be replaced or widened, consistent with policies in this element. Removal of any existing bridge or restoration of a channel to more natural conditions will provide for wildlife corridors, traffic circulation, access, utilities, and reasonable use of adjacent properties. 7.30.6. Tree Committee. The Tree Committee will help implement Natural Communities policies through expanded tree preservation and planting programs. City Council Hearing Draft 40 March 2006 5_1080 Attachanent 5 city of san Luis osispo conseuvation ana open space erement Figure reek Corri r and Setbacks (no,scale) edges of predominant creek ;� riparian tree canopy creek setbackcreek corridor it setback , i i top of bank top of bank u Section View A edge of predominant creek riparian tree canopy — � creek setback isetbaek creek corridor L w' edges of groundcover or g� understory riparian plants s top of bank top of bank I. n Section View B low-growing riparian plants fid requiresetback • 'ire tops of banks I flow T In vi -1---'_ - riparian trees - - - V . uved setback Plan View City Council Hearing Draft 41 March 2006 5-�d9 is city of san Luis otaspo conservation an0 open space t�Lemcnt Programs are actions which the City intends to take in pursuit of its goals and policies. Proposed endangered and threatened species are those taxa for which a proposed regulation has been published in the Federal Register, but not a final rule. Rare species are taxa not necessarily threatened with extinction, but which occur in such small numbers that they may become endangered if their environment worsens. Restoration is the process of returning a resource to a more natural state. Restoration includes planting vegetation native to that area, removing wildlife barriers, removing debris and trash, removing invasive non-native plant species, and other similar activities. Restoration is not considered development. Riparian vegetation means vegetation and habitat characteristic of creeks or their edges. Renewable energy source means a type of energy which is more or less continuously flowing from source to potential user, such as sunlight, wind, tidal andwave action, growing plants, geologic heat, and difference between temperatures of layers of ocean water. Nonrenewable sources include stocks of coal, oil, natural gas, uranium ore, and intermediate sources derived form them. (The nuclear "breeder reactor" would in a sense be a renewable source once it is successfully established along with a fuel and waste processing cycle.) Retrofit means to install a system or devices in an existing building or vehicle. Scenic Resources are resources having high aesthetic qualities, such as hills and mountains; creeks and other wetland resources; sensitive habitat and unique resources; and agricultural lands that contain grazing or cropland. Significant means a substantial, or potentially substantial, adverse change in the environment, as defined by the California Environmental Quality Act (CEQA). Significant wetland means those wetlands that are important because of their uniqueness or because they provide habitat for rare,endangered, or threatened plants or animals. So ess means lecto eve sys am o unlight necessary or the successful ope tion of the system. As used in this element, "reasonable solar access" means that solar collectors or passive system can be located so as to receive full unobstructed sunlight between the hours of 10 a.m. and 2 p.m. on December 20 Solar collector means a ev is transforms sun ight striking t i form of energy, such as heat, electricity,or chemical potential. Stream: see "creek." City Council Hearing Draft 86 March 2006 Jr�l� d council m c m o iza n b u m ci pf san Lots osis o, .aammistuation aE p4utmErit DATE: March 21, 2006 RECEIVED TO: City Council MAR 2 1 2446 FROM: Dave Romero, Mayor SLO CITY CLERK SUBJECT: Request to Continue COSE (PH 5) As you know, Council Member Mulholland was already on the path toward `-`getting the bug" at our last meeting, and unfortunately, she is actually worse today (I just spoke to her). She is respectfully asking the Council to continue consideration of the COSE to the regular meeting of April 4`h. We have time available on the 4`h (in fact, even more than we have tonight—at least at the moment). I would recommend honoring this request so that all Council Members may act this high priority, and long worked on, undertaking. Continuing this item will also necessitate continuing Public Hearing 6. We should decide this at our 4:00 p.m. session so that we can provide as much advance notice as possible to those interested in the COSE. COUNCIL RED FILE CDD DIR CAO '� FIN DIR MEETING AGENDA T ACAO [&FIRE CHIEF If ATTORNEY B PW DIR D,rTE 3L,;�//MTEM # L� Q CLERK/ORIG 3 POLICE CHF ❑ DEPT HEADS REC DIR (! UTIL DIR [,p 7�iRc E �'HR DIR f CGs�c COSE Continuance W U- - W = _ _rir = cr LU Cr m V qj a � y O W W a a ¢�Z) x O Ga c ° ' m ° ° ti 41 c 0al _ cr -0 o y 3v ob „ 3 ° E rn Tl .. a ° v w � 5 Zir 0W C OO C °0' 3 p �T o 0 Ir oUo� J' W� a� O O v0 om °+t. OA mat y = y V 00 o E o U W@@@ o qw ,0 3 •; E a) OD C a o aWi 00 y �C+. as y a U ° OU U aN.. 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G •C � �_ r .y � O N � •_ _ t � .0 V •y 'y � •C •y O L•. .W.. =1 V � p' Ua=i C •p 3 o c°i p :. o o ° v C7 c o O 00 A °c � R ° —_p6_I-€ v W °e0.m w O oa d Q Q � o 4Uw..U U G 0 cn 0. U o o as a o tow UaU b m y Ca c m t= cil 0 w ami o — £ ° m .� cEe .cc c* :o v cis 3 � cc ai 0 •y� — 3 L � O 4) o Q 0c >1 .. • o° d m � a oLcE 20202 EC G c 'C IX amo n.. sO '00 co o v w E e E .y _ c D D D ri W Q i; °a o A o lupi a s v `o 0s .E E v .". ami - v N N G O tb a U ddd s e :e ale = e m aci — a y N ds O O O L y U Z T cC 'O U ,p o � d C"' O U O ' C SO y a N cc > O 0 .0 on m 0 = O C xC7 =. 3N H L m OZ :; -0 b W C 7 m e E V O C Q O T (D 0 V O aCi Q -0 � ° cU � z Qn e W ago U � mQ i RED FILE - COUNCIL (-LTfL ,-'D CAO w D!H — MEETING AGENDA h CA0 RE CHIkF T7S 'ATTORNEY W DIR JkE3 1 &W#*nei13�14arch 21,2006: Item#3 M: 1�LERK/ORIG OLICE CHF Jud ❑ DEPT HEADS EC DIR Pz3 PYR D1 DaftConservation and Open Space Element (LOSE) Y- Dear Mayor and Council Your work and the deliberations of Planning Commission and the staff are highly appreciated Consolidation of General Plan Elements and bringing Energy and Green Building into the COSE is timely. Although a member of the Chamber of Commerce and of ECOSLO, I only write as an individual about the below points where proposed changes to the Draft COSE are in bold italics 1.Where do"scenic roadways" belong: into the Circulation Element(CE)or into COSE? Considerations 1.1 Logical location is the CE. In our CE (p. 37/38)there are two pages of very clear "Policies" and derived"Programs". Every transportation professional or student goes first into the CE and immediately sees that we have scenic roadways and how he has to deal with them. "A road is a road is a road". 1.2 Other agencies, e.g. Caltrans, have it where road engineers see it. Their"Highway Design Manual"has two pages under Topic 9 called"Scenic Values",in addition to chapters about bicycles and pedestrians. If we have bicycles and pedestrians in our CE, why should scenic roads be"hidden"in the relatively unknown COSE? 1.3 More time for improvements is gained if scenic roadways remain unchanged in the CE for now. When the CE is revised we might add specifics for each scenic road link as done e.g. in the CE of Pismo Beach. Proposal: Leave the chapter "Scenic Roadways"where it is in the CE. (If this is not done at least there must be a hint in the CE where to find scenic roads now. The average road engineer does not think of ever looking at the COSE. In the COSE the word"scenic roads"is not even mentioned in any title. If the engineer takes a magnifying glass he finds these roads in the text under the blurred title "9.0 Views". If we want to amputate scenic roads out of the CE, we should at least change the COSE title to what it is on Figure 11, namely to "9.0 Scenic Roadways and Vistas". Unfortunately this chapter now is four pages long and mixes roads with general landscape regulations in a very hard way to read for engineers and it loses its "bite"). RECEIVED MAR 2 0 2006 SLO CITY CLERK 1 2. The original Scenic Roadways Map of the CE was changed by staff in a positive way Considerations 2.1 Two"Cones of View"(vista points)were added and more road links were designated as of"high scenic value"which shows stars sensitivity to the issue. 2.2 At the public meeting of Supervisor Lenthall on Saturday,January 28,2006, in the County Building, 80 percent of the public spoke in favor of preserving most of the greenery and the beautiful views along this stretch of road—and this was going on during the whole morning. Even RRMin their Marketplace III project underlines the scenic value of this stretch of road 2.3 I often drive Hwy 1 coming from south towards the City's"Gateway"at LOVR. For me the real gateway is not south of LOVR where we nervously navigate through the curves between the hills and try to avoid confusing exit ramps but north of LOVR all the way to the Madonna Road bridge where we have 90 relaxing seconds of unobstructed view of the open space and the hills. Proposal: As shown in the attached map put the original vista point of the CE back to the location at the Dennys restaurant near Hwy 101 and designate Hwy 101 from LOUR to Madonna Road as of"high scenic value". 3. Cultural Heritage: Demolitions and Native American Sites Proposal. On page 1-119,the excellent paragraph 3.21.2 about demolition of significant buildings should contain specifics,especially where politically relevant. For example the Dalidio Farm buildings on Madonna Road should be protected On page 1-121, the excellent paragraph 3.22.8 about protection of Native American sites should specifically mention protection of the Native American site between the Damon Garcia Sports fields and the South Hills which is heavily impacted by the planned four lane Prado Road. (If I remember correctly, history Prof. Dan Krieger wrote a letter about this to Mr. Hook two years ago). 4.Missing implementation plans for alternative transportation Proposal. On page 1-130, the good intentions of paragraphs 4.22.1 and 4.22.2 should more clearly refer to the full text of the CE pages 12 to 16. Thank you for your consideration Y000 �1;4e Eugene Jud,Fellow Institute of Transportation Engineers 665 Leff Street, SLO 549 8185 2 21 NID .a .cu U cu cn Nm C y ^o > to •— U m m CA? CO3 f6 w .�.. /a� _E p 0 m Ccs E •V J m m m W OrI.`L� to U (D C3 E r rca-lal LO o O O S LpN,�, •'r "tit`°' ` ' y?\ `' ci� :�''� :� •fy`,i„" ,,,�^ COO illy. t �,�' '� 6 A��.. ,Yz :�' ���Y ,y'.•. Y 13, O r l a's^���' 0. t 4•�� .Ar�>\�.t 1 ... ■ Y r:l PV5;jr F• �- RT I Y\�� � �filh•.'` 1.6I^t`('�^ - � /' ��� ^S.'�,.'1k tw � ,�li' (,��F/`y ��r bR� -�� A. 7„yyp'i',"4 "<eJ .'•.�` �¢ w:�.��,,tt Yr-qty' '1 ,1 '�"'. � low. �:';,�3�r t� ;. 0.�'d`\F ��* as�^�' ���r ���4,� ��,�{, t s�,r} 1�'r -\ ,�,7•y.�v" �A�}aJ.\�.4 � r vp � + •' r 'It \¢'L r • i. t Y*'+ y6 �`' ..t x s"'.t .6`r �1' r r'. L .T jry Rr. 4� w: �r i i `µyT,t , to\aYl Rra'k./ 4 M•A �. r ' Jq.v, s From Michael Sullivan to Ci,.--,i San Luis Obispo(20 Mar 2006)-RE City L .icil hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. RED FILE Pae 1 of 9 h0q,L MEETING AGENDA 1'COUNCIL Q41 ODD DIR 20 Mar 2006S 0� � CAO W FIN DIR DATEL_ ITEM # MACAO 15 FIRE CHIEF Eii ATTORNEY DPW DIR To: City of San Luis Obispo,CA-including City Council and Planning MbC=WtfflGe)rre.0 POLICE CHF 0 DEPT HEADS 1E REC DIR From: Michael C. Sullivan 9 -219 G?UTIL DIR 1127 Seaward Street, San Luis Obispo, CA 93405 a--'l"wf�Lc L'HR DIP (805) 545-9614 mcsgday@yahoo.com SUBJECT: City Council hearing of 21 Mar 2006 - Citywide. GPA and ER 149-98. Review the March 2006 City Council Hearing Draft* Conservation and Open Space Element of the General Plan which updates and consolidates resource conservation policies in the conservation, Open Space and Energy Conservation elements,and amends the Land Use, Safety, Housing,circulation, Parks and Recreation, and Water and Wastewater Elements of the General Plan. *The"March 2006 City Council hearing draft" was published by City of SLO,Community Development Dept.,on 03 Feb 2006 as part of the staff report for Planning Commission hearing of 08 Feb 2006. Abbreviations CEQA-California Environmental Quality Act 10-2005 COSE or Oct 2005 COSE-Conservation and Open Space element(draft)of Oct.2005(including proposed amendments to several other General Plan elements) 03-2006 COSE or Mar 2006 COSE-March 2006 City Council hearing draft Conservation and Open Space element(including proposed amendments to several other General Plan elements) (first presented in PC staff report of 08 Feb 2006) ER-Environmental review FR C E I V E D GPA-General Plan amendment 1994 OSE-Open Space element of General Plan(Jan 1994) 2 0 2006 PC-Planning Commission of City of SLO CITY CLERK SLO-San Luis Obispo 1. Proposed environmental findings are improper. -Findings are improper for draft Council Resolution (Attachment.3, Council Agenda Report for hearing of 21 Mar 2006,COSE) -Similarly the environmental findings are improper for Council Resolution 5446-06,ER/GPA. 149-98(draft Conservation and Open Space element,etc.).Attachment 1 to Council Agenda Report,21 Mar 2006. Draft Council Resolution(Attachment 3, Council Agenda Report for hearing of 21 Mar 2006, COSE) Section 1 - Environmental Determination. The City Council "finds that in light of the whole public record, there is no evidence from which it can be fairly argued that the project,including related General Plan amendments, will have a significant, adverse effect on the environment,and hereby certifies and approves the negative declaration of environmental impact for the Conservation and Open Space Element and related General Plan amendments as recommended by the Planning Commission on February 8, 2006" Comment: Michael Sullivan, and other persons, have provided extensive comment(in written and spoken form), for the Planning Commission and the City Council, giving evidence from the record From Michael Sullivan to City of _..n Luis Obispo(20 Mar 2006)-RE City Cow. ,hearing of 21 Mar 2006 ' ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. ' Page 2 of 9 and from facts and reasonable assumptions and reasonable conclusions,that there is a fair argument that potentially significant environmental impacts could occur as a result of proposed General Plan amendments in the draft COSE(3/2006 version,and earlier versions). Michael Sullivan had pointed out(to Planning Commission, hearings of 2005-2006)that various other cities in the County had required EIRs for General Plan amendments similar to the City of SLO's proposed draft COSE (3/2006)..Sullivan's concerns about inadequacy of environmental review were summarized in Michael Sullivan's letter of 16 Feb 2006 to City Council for COSE hearing of 28 Feb 2006. That letter showed that: (a) The project description is incomplete because a true "legislative draft" is missing. (b) The City failed to do the consultation with responsible agencies and trustee agencies required by CEQA Guidelines 15063(g). (c) The Initial Study did not provide environmental analysis for all phases of the project. For example,there is insufficient analysis of potential environmental impacts associated with the "action plan" (implementation programs). (d) There is ample evidence to show a fair argument of potential environmental impacts. For example,Michael Sullivan's letter to Council(16 Feb 2006, for Council hearing of 28 Feb 2006) contained Attachment 01,Critique of Environmental "Initial Study" which gave detailed examples of potential impacts caused by deletions or modifications of older goals,policies, and programs of the General Plan. Michael Sullivan's letter of 16 Feb 2006 also provided information to show that some proposed "programs" in the proposed General Plan amendments are weak,vague, ineffective or infeasible. Michael Sullivan's letter of 16 Feb 2006 also explained how certain proposed General Plan amendments are inconsistent with the overall General Plan, showing how such inconsistencies could result iii environmental impacts. Similar concerns were expressed by Michael Sullivan in various letters to Planning Commission,for example see the following attachments to Sullivan's letter of 16 Feb 2006, for Council hearing of 28 Feb 2006: Attachment 3B (Sullivan's letter to Planning Commission for hearing of 30 Nov 2005) Attachment 3C (Sullivan's letter to Planning Commission for hearing of 14 Dec 2005) Attachment 3D (Sullivan's letter to Planning Commission for hearing of 18 Jan 2006) Various other letters from Michael Sullivan to Planning Commission(e.g. for hearings of 09 Nov 2005,etc.) The proper solution to these deficiencies is to require,at minimum,the following: (a) Return the Initial Study to appropriate responsible agencies and trustee agencies for review and comment. (b) Provide adequate explanation in the Initial Study to clearly show why various parts of the COSE do not yield any potential environmental impacts, responding to the concerns raised by Michael Sullivan and others, or,where appropriate,propose mitigation measures to deal with the potential environmental consequences. (c) Revise the COSE to bring it into conformance with the rest of the General Plan. t From Michael Sullivan to Ci.,. .,f San Luis Obispo(20 Mar 2006)-RE City C-" cil hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 3 of 9 2. Proposed "programs" (implementation measures) are weak, vague, ineffective, or infeasible. Modern planning practice advocates that General Plan implementation measures should (a)give specific direction(rather than broad or vague statements) (b) specify who or what agency is responsible for carrying out the implementation, (c)provide a time frame for implementation,and (d) provide measures which are realistic and feasible. The draft COSE has various proposed programs whichfailto meet these standards. Staff should take a closer look at the proposed programs and provide better direction meeting the above standards. See Attachment 1 -Sullivan's letter of 16 Feb 2006,at p. 6 (discussion of COSE implementation programs) See Attachment 2 -Examples of good implementation practice for General Plans 3. Suggested changes to COSE I suggest the following changes in proposed goals,policies and programs of the "March 2006 City Council hearing draft COSE: deletions =strikeout; additions=shaded Chapter 8 - Open Space As proposed.(PC hearing- 08 Feb 2006 "Mar 2006 Citv.Council hearing draft") Policy 8.25.1. Loss of open space. The City may permit loss of an open space resource as described in Goals 8.21 and 8.22 only when: A. Preserving the resource would permanently deprive the landowner of all reasonable use,and acquisition by the City or a conservation organization is not feasible; or B. There is a demonstrated need, based on public health, safety or welfare,and there is no practical alternative to loss of the resource; or C. The resource is prime agricultural soil on a small parcel essentially surrounded by development, and the development contributes to the protection of agricultural land in the urban reserve or greenbelt through transfer of development credit, dedication of open space easements or fee ownership,direct funding for open space acquisition or another equally effective method;as further described in the Land Use Element. Recommended changes Policy 8.25.1. Loss of open space. The City may permit loss of an open space resource as described in Goals 8.21 and 8.22 only when: A. Preserving the resource would permanently deprive the landowner of all reasonable use,and acquisition by the City or a conservation organization is not feasible; or B. There is a demonstrated need, based on public health, safety or welfare, and there is no practical alternative to loss of the resource; or C. The resource is prime agricultural soil on a small parcel (lesstliait'20:acies essentially surrounded by development, and the development contributes to the protection of agricultural land in the urban reserve or greenbelt through transfer of development credit,dedication of open space easements or fee ownership, direct funding for open space acquisition or another equally effective From Michael Sullivan to City o. ,an Luis Obispo(20 Mar 2006)-RE City Cou.__.i hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 4 of 9 method,as further described in the Land Use Element. However,the minimum amount of required on-site open space in specific annexation areas regulated by the Land Use Element(such as those mentioned in Land Use element 1.13.5)shall not be diminished; Rationale for recommended changes (a) The term "small parcel' of prime agricultural land should be defined clearly. Certainly, a "small parcel' would not include something like the 131 acre Dalidio site, for example. (b) In the recent past(2004), development proposals such as the Dalidio Marketplace have attempted to have the City approve substantially less open space area than what is called for in LUE Policy 1.13.5. At the Dalidio site, the proposal was for only about 42%open space rather than the "approximately 50%" open space required by LUE 1.13.5. As Mr. John Mandeville has stated in PC hearings(late 2005 /early 2006),the more specific language (LUE 1.13.5)overrules the more general language (COSE 8.25.1). Although it may be in some cases beneficial to dedicate off-site open space, this does not satisfy the General Plan when the proposed amount of on-site open space is less than the amount called for in the General Plan LUE. »»»»»»»»»»»»»»»»»»»»»»»»»> As proposed(PC hearing- 08 Feb 2006 - "Mar 2006 City Council hearing draft") Policy 8.253 Required mitigation. E. Individual small projects, each with an incremental impact on an extensive resource, may provide mitigation through payment of a fee,to be used for protecting that resource within the San Luis Obispo planning area. F. The City may establish or participate in a"mitigation bank." through which resources are protected in a consolidated location ahead of the need to mitigate impacts of individual, small projects. the City will work with other agencies to assure successful operation of any mitigation bank that is established. Recommended changes E. Individual small projects, each with an incremental impact on an extensive resource,may provide mitigation through payment of a fee,to be used for protecting that resource within the San Luis Obispo planning area. When this method of protection is proposed,the City shall first obtain the recommendations of-the County Agricultural Commissioner(for agricultural lands)or of ai qualified biologist or representative of the Calif.Dept. of Fish and Game(for sites potentialN having important natural habitats.) F. The City may establish or participate in a"mitigation bank." through which resources are protected in a consolidated location ahead of the need to mitigate impacts of individual, small projects. The City will work with other agencies to assure successful operation of any mitigation bank that is established. If this method of protection is used,the mitigation bank site shall be of_ equivalentor very similar type(s)as the type{s)of land proposed to be removed from open space: For example, if wetlands areproposed for removal,then the mitigation bank land must also be of - - wetland typed ---^ -- --— - Rationale for recommended changes (a) Fee payment does not guarantee open space protection. It only contributes to a fund which may or may not be sufficient to replace what is being lost to development. The decision to use this From Michael Sullivan to C. ,if San Luis Obispo(20 Mar 2006)-RE City'%.ancil hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 5 of 9 method of protection should be supported by a recommendation of the Agricultural Commissioner or expert biologists when agricultural or habitat lands are involved. (b) Neil Havlik, Resources Manager for City of SLO, gave expert spoken testimony(PC 18 Jan 2006)that mitigation banking has not worked so well except in a few limited examples such as Filiponi ranch. I(Michael Sullivan)believe that mitigation banking should replace damaged resources with like kind,otherwise there can be a net loss of certain habitat types e.g. riparian, grassland, etc. »»»»»»»»»»»»»»»»»»»»»»»»»> As proPosed_(PC hearing- 08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 (Program). Protect open space resources. The City will take the following actions to protect open space, and will encourage individuals, organizations, and other agencies to take the same actions within their areas of responsibility and jurisdiction. A. Maintain the urban reserve line location,except where a relatively small enlargement of the urban area is tied to permanent protection of substantial open land that did not previously have assured protection. Recommended chances Delete 830.1A because it is inconsistent with certain policies of the Land Use Element(LUE); "LUE 1.2 Build-out Capacity. There should not be major expansion of the urban reserve line because the urban reserve provides adequate capacity for new housing and employment up to the City's desired maximum. This element seeks to establish an ultimate population capacity." LUE 1.6.2 Expansion Areas Expansion areas adequate for growth consistent with these policies should be designated within the urban reserve line (Land Use Element Map and Figure 2)." Rationale for recommended changes Policy 8.30.1 A would allow incremental, cumulative expansion of the Urban Reserve Line, defeating the intent of LUE 1.2. Policy 8.30.1 A would allow piecemeal expansion beyond the urban reserve line, in violation of LUE 1.6.2 which requires that expansion areas be within the urban reserve line. »»»»»»»»»»»»»»»»»»»»»»»»> As Proposed(PC hearing - 08 Feb 2006- "Mar 2006 City Council hearing draft") 8.30.1 B. Promote open space protection by annexing and applying City conservation and Open Space(C/OS)and Agriculture zoning to private property where appropriate and consistent with General Plan goals and policies. Recommended changes 8.30.1 B. Promote open space protection by annexing and applying City conservation and Open Space(C/OS)and Agriculture zoning to private property where appropriate and consistent with General Plan goals and policies. C/OS,pre-,z"` g ts:usi Sly,"not appropriate fortntended urban uses such asesidential :commerctaLor tndustnal uses From Michael Sullivan to City ox can Luis Obispo(20 Mar 2006)-RE City Cou._.i hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 6 of 9 Rationale for recommended chanties The City has abused C/OS pre-zoning in certain annexations where it was clearly known that the proposed land use would be something other than open space (commercial, for example), yet the pre-zoning was for open space (C/OS). This occurred, for example, at Froom Ranch(site of Home Depot). Why is this wrong(and illegal)? (a) LAFCO must review annexations for land use compatibility and infrastructure capacity of new development. LAFCO was authorized to "approve the annexation of unincorporated territory consistent with the planned and probable use of the property based upon the review of general plan and pre-zoning designations." Govt Code 56375. If the land use is characterized as open space rather than its true intended purpose, (e.g. commercial, industrial, residential),then LAFCO will be assessing impacts of open space rather than the actual land use. Thus, LAFCO will not be serving its purpose, which is to properly assess proposed annexations in accordance with their true, intended land use types. (b) Goverment code requires that the pre-zoning designation cannot be changed until two years following annexation. In the case of Froom Ranch,however,the zoning was changed from C/OS to Commercial Retail immediately following annexation,thus violating state law. Govt Code 56375. »»»»»»»»»»»»»»»»»»»»> As proposed(PC hearing-08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 M. Maintain the position of Natural Resources Manager so that open spacefunctions are consolidated in one existing city department under one person. Recommended changes 8.30.1 M. Maintain the position of Natural Resources Manager. The Natural Resources Manage shall have the primary responsibility among City staff for oversight and guidance of the City's Opeq Space functions(e-g.suggesting policies,assisting in preparation of conservation plans,assisting in open space acquisitions,etc.). The Natural Resources Manager shall also consult with other appropriate experts and agencies for guidance in Open Space functions: Rationale for recommended changes The idea of a Natural Resource Manager(NRM)is a good one. However, this person should not necessarily be an all-powerful "Open Space Czar" accountable to nobody but himself(or herself). The particular person in this function may change from time to time. The NRM should also cooperate with other experts and other city staff,e.g. planners,biologists, agriculturalists, non-profit conservation organizations,etc. »»»»»»»»»»»»»»»»> As proposed(PC hearing -08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 N. Natural Resource Manager will establish performance standards and/or dimensions for buffers between open space or agricultural resources and urban uses or development. Recommended changes 8.30.1 N. Natural Resource Manager will establish provide advice to Community Development Dept., Planning Commission and Council concerning recommended performance standards and/or From Michael Sullivan to Ch, .i San Luis Obispo(20 Mar 2006)-RE City( _-Acil hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 7 of 9 dimensions for buffers between open space or agricultural resources and urban uses or development. Rationale for recommended chanties It is not wise to try to devise a fixed set of dimensions for buffers. The size of a buffer may vary, depending on the specific circumstances. For example, The Municipal Code(Zoning ordinance 17.16.025 of June 2004)has specific setback standards for creeks,yet allows flexibility for larger setbacks for mitigations for certain discretionary projects(SLOMC 17.16.025 para. 3, dated Jun 2004). The size of buffers may be determined by various factors e.g. safety (flooding in creeks), habitat concerns,erosion concerns,proximity of agricultural runoff, etc. Performance standards(not only for creeks but also for agricultural and habitat buffers)could be more useful. However, in any case,there must be FLEXIBILITY built in to the system so that we are not "locked in"to one particular formula for buffer width and characteristics. The performance standards for buffers should be devised not only by the Natural Resources Manager but also with input from other experts and the general public,and final approval by Planning Commission and Council Performance standards for creek buffers would have to be made compatible with existing General Plan policies and ordinances, such as the Creek setback ordinance---or vice versa. »»»»»»»»»»»»» As proposed (PC hearing=08 Feb 2006 - "Mar 2006 City Council hearing draft") Appendix B: Acquisition of Open space Land, at para. 6 D, states, that open space should generally not be acquired by the City as open space if(d) "adjacent properties are being developed in a way that is likely to significantly diminish the conservation values of the property in question." Recommended changes This policy needs to be re-considered. In some cases,the City might want to acquire open space that is in an urban setting near developed or potentially developing properties. For example,the City may want to acquire "brown-fields" or degraded creek areas to transform them into "mini per." Rationale for recommended changes Not all open space must be vast tracts of natural land. Open space in small parcels in an urban setting is also quite important. _ _ »»»»»»> MAKE OPEN SPACE FUNDING A HIGH PRIORITY TO MATCH CITY GOALS! Make the goals,policies and programs for Open Space FUNDING at least at emphatic as those in the 1994 OSE. In the 1994 OSE, funding for open space was a high priority. For example, see General program 1 J,at p. 10; see Com .ty Goals at p.94. ATfACHME ity budget 2006-2006)shows that City has"discontinued General Fund support for the open space acqutst on program." ATTACHMENp.2. This is in spite of the"Major City Goal" of Open Space protection: "Continue funding open spa `acquisition and the natural resources program; maintain and enhance open space,creeks and riparian habi{at; and continue'SLO Stewards'program and collaboration with conservation organizations." ATTACIIIENT�� t p. 3. The City is abandoning its own important goals which the c t7 izens have demanded. \ \ \ From Michael Sullivan to City or an Luis Obispo(20 Mar 2006)-RE City Cour__.hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 8 of 9 The earlier(2004)Land Use Element section 1.17.3 (Funding), now proposed to be DELETED,provided that the City "will aggressively pursue sources of revenue for open space purchase and protection" etc.(See Council Agenda Report for 21 Mar 2006,at p. 5-41). Staff report(Council Agenda Report 21 Mar 2006 p. 5-41)states that this funding program(1.17.2)from the Land Use element "moves to 8.30.1 D in Draft COSE." Proposed draft COSE(3/2006)program 8.30.1 D states, V. Acquire land or interests in land for open space,pursuant to City Open Space Guidelines and acquisition priorities (See also Appendix B, "Acquisition of Open Space.') 1) Obtain dedications of fee ownership or easements as gifts or in ejwhange for development approvals. 2) Seek and use grants,donations, other revenue sources,and long-term fkancing mechanisms to purchase fee ownership or easements. The City will explore aU potential funding sources and other creative incentive programs, including general obligation bonds,sales tax increase,property transfer tax, assessment districts,tax incentives, and state and federal loans and grants 3) Advocate countywide planning and funding for open space protection." Draft COSE(3/2006),Appendix B,states, 111. The City will strive for the most effective protection of open space resources through its use of public fail&" However,the City has not recently given adequate funding to Open Space. (See Attachment City Budget 2005-2006). "We have discontinued General Fund support for the open space acquisition program" (SLO City Budget 2005-2006, See Attachment 3 at p.6-02) The open space programs (e.g. 8.30.1D) for funding should include a program to retain General Fund support for open space acquisition! Failure to do so is inconsistent with Draft COSE (3/2006) policy statement in Appendix B. "1. The City will strive for the most effectiveprotection of open space resources through its use of Public ids" (emphasis added) Recommended changes: Michael Sullivan's proposed revision of COSE (3/2006) program 8.30AD: "D. Acquire land or interests in land for open space,pursuant to City Open Space Guidelines and acquisition priorities (See also Appendix B, "Acquisition of Open Space,'9 1) Obtain dedications offee ownership or easements as gifts or in exchangefor development approvals. 2) Seek and use grants,donations, other revenue sources,and long-term financing mechanisms to purchase fee ownership or easements The City will explore all potential funding sources and other creative incentive programs,including Getieral`Fund sitppprt general obligation bonds,sales tax increase,property transfer tax,assessment districts,tax incentives,and state and federal loans and grants. 3) Advocate countywide planning and funding for open space protection." Rationale: The City should not abandon General Fund support for open space acquisition and maintenance. Instead, the City should adopts more protective budget process that leaves more in reserve in the General Fund to give continuing support to open space funding. From Michael Sullivan to Citl.,-J San Luis Obispo(20 Mar 2006)-RE City C..icil hearing of 21 Mar 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 9 of 9 List of Attachments 1. Michael Sullivan's letter of 16 Feb 2006 for Council hearing of 28 Feb 2006, COSE (all attachments incorporated by reference) 2. Excerpts from good General Plans - City of Ventura 2005 - Open Space plan (From Sullivan's letter for Council hearing of 28 Feb 2006, attachment pages p.3-B, B-5 and 3-B, B-15) - City of Santa Paula (From Sullivan's letter for Council hearing of 28 Feb 2006, attachment pages p. 3B, B-16) 3. City Budget 2005-2006 (From Sullivan's letter for Council hearing of 28 Feb 2006, attachment p. 6-01 (4 pages)) »»»»»»»»»»»»»»»»> From Michael Sullivan to City of San Luis Obispo(16 Feb 2006)-RE City Council hearing of 28 Feb 2006 ER/GPA 149-98. Upd consolidation of Conservation and Open Sp: lements of General Plan etc. Page 1 of 16 16 Feb 2006 FEB 1 I "an To: City of San Luis Obispo, CA- including City Council and Planning Commission0 CITY CLERK From: Michael C. Sullivan . 1127 Seaward Street, San Luis Obispo, CA 93405 (805) 545-9614 mcsgday@yahoo.com SUBJECT: City Council hearing of 28 Feb 2006-Citywide. GPA and ER 149-98. Review the March 2006 City Cotmcil Hearing Draft* Conservation and Open Space Element of the General Plan which updates and consolidates resource conservation policies in the conservation,Open Space and Energy Conservation elements, and amends the Land.Use, Safety,Housing, circulation, Parks and Recreation, and Water and Wastewater Elements of the General Plan. *The"Manch 2006 City Council hearing draft"was published by City of SLO,Community Development Dept,on 03 Feb 2006 as part of the staff report for Planning Commission hearing of 08 Feb 2006. Abbreviations CEQA-California Environmental Quality Act 10-2005 COSE or Oct 2005 COSE- Conservation and Open Space element(draft)of Oct 2005 (including proposed amendments to several"other General Plan elements) 03-2006 COSE or Mar 2006 COSE=March 2086 City Council hearing draft Conservation and Open Space element(including proposed amendments to several other General Plan elements) (first presented in PC staff report of 08 Feb 2006) ER-Environmental review GPA-General Plan amendment 1994 OSE-Open Space-element of General Plan(Jan 1994) PC -Planning Commission of City of SLO ' SLO- SanLuis Obispo Introduction This information expresses my concerns about-proposed amendments to.the General Pian which in various ways will weaken'the importapt protections that exist in the present General Plan especially conceriiing.Open Space and Land UsI also have concerns about the legality of the environmental review process. I have provided some suggestions for possible revisions.to various parts of the proposed amendments. Various ATTACHMENTS are included with this letter to help to suppod my statements. .Documentation items. marked,with *" are incorporated by.reference. I agree with the sentiments of 12ichard S66midt s letter of 20 Feb 2003,(See ATTACHMENT. 05, Comments o 11 ,I., fd Schmidt)and thecomments of the Environmental Quality Task Force (See ATTACHIV NT 04,.Commlinti of Enyironmental Quality Task Force-25 Feb 2003)that the City should not have done such a drastic re-write of the Land Use element of the General Plan. This has been counter-produqtiee and has produced some significant weakening of existing goals, policies and programs.. In some cases, the Planning Commission(in its deliberations in 2005-2006) agreed that certain parts of the Land Use element should be preserved in existing_form,and that is From Michael Sullivan to City i ;n Luis Obispo(16 Feb 2006)-RE City Cot hearing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 2 of 16 probably a benefit. At least some of the protective language of the Land Use element has been preserved. However, it would have been much better to simply combine the Conservation and Open Space elements in somewhat shortened form without deleting and revising so much of the Land Use element language, and also keeping the important protections given in the original 1994 Open Space element rather than significantly weakening that document as has been done now. Some specific examples of weakened language are given in ATTACHM EENT 01, Critique of Initial Study. The Planning Commission decided to act as its own "Task Force." This was a mistake. Task Forces have been used in other General Plan element amendments, such as the Housing element_ The contributions of a task force can be important. The Environmental Quality Task.Force made a' very important contribution to the General Plan Land Use Element(February and.March 1994)** working jointly with the Planning Commission. Such an approach should have been adopted for the current proposed revisions of the multitude of goals,policies and programs that cover various General Plan elements. For example, in its considerations of the proposed changes to the Open Space element(18 Jan 2006), the Planning Commission only did a very rushed and superficial review. During that review, the only Commissioner who had any significant input was Commissioner Orval Osborne. One Commissioner(Andrew Carter)reported that he was not familiar with those parts and,was not . prepared to comment on them.. The other Commissioners for the most part seemed to be "sleep walking"through that review process, making few comments and apparently just anxious to have it done with. At least a Task Force could have contributed important review functions to augment those of the Planning Commission whose energy sometimes seemed to fade. The lack of a true legislative draft has also been a mistake and has made the proposed, amendments much less transparent. The type of legislative draft seen for the General Plan Land . Use element(Feb. and Mar. 1994) should have been used for the current proposed General Plan amendments. That legislative draft shows explicitly the existing language and proposed changes side-by-side. The method in use now uses explanatory "boxes" that purportedly explain what has happened with the old language—deleted,modified, reorganized,made more general, etc. However,this has been quite difficult and tedious to follow. In some cases,claims made by staff in these "boxes are simply not true. In some cases, the planning staff have referred to numbered items that do not exist. Because it is difficult and time Consuming to cross reference so many items, it has been the trend in the Planning Commission review that many of these pieces of information have not been reviewed thoroughly. I have a Bachelor of Science degree in City and Regional Planning and a Master of Science degree in City and Regional Planning,both from Cal Poly University. I have worked in several city planning internships and have worked one year as a city planner for City of Atascadero. Therefore, I believe I have expertise in the realm of urban planning. Some of my statements herein disagree with the findings and statements presented by the City staff(Planners) who were mainly responsible for the proposed amendments. However, I do not wish to denigrate their effort. I present this . information as constructive criticism which will hopefully lead to further changes in the proposed amendments to better meet the goals of the City and of its citizens for protection of Open Space and . for wise Land Use decisions. From Michael Sullivan to r 'of San Luis Obispo(16 Feb 2006)-RE City; \mcil hearing of 28 Feb 2006 ER/GPA 149-98. Update .:onsolidation of Conservation and Open Space elements of General Plan etc. Page 3 of 16 1. The Environmental Determination (Initial Study and Negative Declaration) is inconsistent with CEQA laws. Approval of this Negative Declaration constitutes an "abuse of discretion" under CEQA. A. Project description is incomplete. The "project" is the proposed amendment of the General Plan, in several elements of the General Plan. Project description(Initial Study for Oct 2005 draft Conservation and Open Space Element Update, ER 149-98, contained in PC staff report of 08 Feb 2006) states, "To show the proposed changes, the City prepared a"legislative draft" showing anticipated policy and program changes. In addition, the City prepared several matrices summarizing the proposed changes. These documents are on file in the Community Development Department, City of San Luis Obispo." (Initial Study, p. 2) I(Michael Sullivan)submitted a letter on 06 Feb 2006 to the City(Jeff Hook,Planner, and John Mandeville, Director of Community Development Dept.)requesting to know where the "legislative draft" is located in the city files. I inspected the files recently(03 Feb 2006) and could not locate the "legislative draft." It is my understanding that a "legislative draft" shows the ORIGINAL documents(General Plan elements)and all of the proposed changes(deletions, additions, re- wordings, re-organization)as proposed in the amendments. Mr. Michael Draze(Planner, City of SLO) informed me by e-mail on 07 Feb 2008 that the "legislative draft" exists within the Planning Commission staff report for 08 Feb 2006. In that staff report are several sections with"Proposed Amendments" for various elements of the General Plan, and apparently these are referred to by Mr. Draze as the "legislative draft" even though they do not contain explicit side-by-side comparisons of existing and proposed language, as in the original legislative draft for earlier(2002-2003)considerations of General Plan amendments for ER/GPA 149-98. In PC staff report(08 Feb 2006), some of the proposed General Plan amendments are purportedly(according to City Planner Mike Draze) shown in the "informal'type of legislative draft for the following elements: Circulation element(1994)and as amended 2001 Housing element(Dec 2004) Parks and Recreation(2001) Water and Wastewater element(2002) Land use(1994) and as amended Sep 2004 Safety element(2000) However,in the amendments approved by PC (08 Feb 2006), some of the so-called "legislative draft" information is missing for certain General Plan elements: Energy Conservation element(1981), Conservation element(1973), Open Space Element(1994). These "missing"parts of the so-called "legislative draft" are explained by PC staff report of 08 Feb 2006 as follows(see comments following each): "City's statements in Planning Commission staff report,PC hearing of 08 Feb 2006. Proposed Amendments to the 1981 Energy Conservation Element. The Energy Conservation element, adopted in April 1981, is hereby updated and wholly incorporated into the March 2006 City Council Hearing Draft Conservation and Open Space Element." From Michael Sullivan to City of .Luis Obispo(16 Feb 2006)-RE City Coun fearing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 4 of 16 Comments of Michael Sullivan: Legislative draft is not provided. Certain key parts of the older Element were deleted or modified significantly, thus those parts were not "wholly incorporated" into the proposed amendments. "Proposed Amendments to the 1973 Conservation element. The Conservation Element, adopted July 1973, is hereby updated and wholly incorporated into the March 2006 Council Hearing Draft Conservation and Open Space Element." Comments of Michael Sullivan: Legislative draft is not provided. Certain key parts of the older Element were deleted or modified significantly, thus those parts were not "wholly incorporated" into the proposed amendments. "Proposed Amendments to the 1994 Open Space.Element. The Open Space Element, last revised and adopted January 1994, is hereby updated and wholly incorporated into the March 2006 Council Hearing Draft Conservation and Open Space Element." Comments of Michael Sullivan: Legislative draft is not provided. Certain key parts of the older Element were deleted or modified significantly, thus those parts were not "wholly incorporated" into the proposed amendments. The so-called "legislative draft" referred to by city staff is also inadequate because it sometimes refers to modifications which cannot be located in the record. For example, for the PC hearing of 08 Feb 2006,Jodee Bennett in spoken testimonystated.that some of the notes(in boxes) referred to numbered sections of proposed amendments which did not exist. Planning Commission(08 Feb 2006) ignored Ms. Bennett's comments. It is imperative that the Initial Study contain a complete legislative draft which is the critical part of the project description given in the Initial Study. To comply with CEQA,the complete legislative draft for all parts of the proposed General.Plan amendments and any proposed updates must be furnished for both Planning Commission hearings and Council hearings. This means that the Planning Commission should reconvene to first consider the entire legislative draft before this proiect is considered by Council. B. Has consultation been accomplished? If so,where is the documentation? CEQA Guidelines "'B063(g): Consultation. As soon as a.Lead Agency has determined that an initial study will be required for the project,the lead agency shall consult informally with all responsible agencies and all trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a negative declaration should be prepared" etc. Has the City ever done this required step? Apparently not. On 06 Feb 2006 I(Michael Sullivan) submitted a letter to the City(Jeff Hook, Planner,and John Mandeville,director of Community Development Dept)requesting to know whereto find the documentation to show this step had been accomplished. As of 08 Feb 2006 I had not had a reply. On 15 Feb 2006 I(Michael Sullivan) spoke with planner Mike Draze who stated that there was no documentation related to consultations because Initial Study consultations had not been done by the City. The county should be informed as a responsible agency because many of the proposed goals, policies and programs either relate to county lands, or require cooperation between county and city. LAFCO should be notified as a responsible agency since the COSE speaks of policies related to annexations. Calif Dept. of Fish and Game must be informed as a trustee agency because of From Michael Sullivan to C% f San Luis Obispo(16 Feb 2006)-RE City icil hearing of 28 Feb 2006 ER/GPA 149-98. Update% unsolidation of Conservation and Open Space eements of General Plan etc. Page 5 of 16 potential impacts on wildlife. There may be additional responsible and trustee agencies to notify but these mentioned above should be the minimum. C. The Initial Study must consider all phases of project planning, implementation,and operation. CEOA Guidelines 15063(a)(1). This has not been accomplished. For example, the various implementation measures ("programs") have not been analyzed or discussed in the Initial Study. Various older implementation measures have been deleted or modified in the proposed General Plan amendments (the "project"),while new implementation measures have been added_ The Initial Study does not analyze this in terms of potential environmental impact. D. Findings of"No Impact" in the Initial Study are not based on substantial evidence. Throughout the Initial Study, staff have asserted that there are no substantial changes in comparison of the old General Plan elements in comparison with the proposed amendments. This is false. (For some examples, see ATTACHMENT 01 - Critique of Environmental "Initial Study.") One of the purposes of the Initial Study is to provide documentation of the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment. CEQA Guidelines 15063(c)(5). In the Initial Study part 19, four"Source references" are listed: (1) October 2005 Planning Commission Draft Conservation and Open Space element (2) March 2005 Planning Commission Review Draft Conservation and Open Space element (3) General Plan, San Luis Obispo,and included Elements (various adoption dates) (4) 2005 Califomia Environmental Quality Act, CEQA.Guidelines CEQA Guidelines 15063 (Initial study) "clarifies that the individual conclusions reached by an. initial study must be based on some evidence. Entries on a checklist or other form should be briefly explained to indicate the basis for determinations. These explanations are not intended to be as detailed as an EIR(Leonoff v. Monterey county Board of Supervisors (1990)222 Cal App 3d 1337)." CEQA Guidelines(Sep 2004)at discussion following 15063. However,the four source references listed above tell us nothing of the logical or factual information which might lead us to believe that there are no impacts in any of the various categories. In fact,these source references are simply the project itself, i.e.the proposed amendments to the General Plan. And although the Initial Study frequently repeats the refrain that "there would be no substantial changes" comparing the old General Plan.and the amended plan, this is simply not true. Goals, policies,and pro s in the proposed amendments have often been deleted, or reworded and/or reorganized with weaker or less specific direction. (See ATTACHMENT 01 - Critique of Environmental "Initial Study" for some examples.) The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency. CEQA Guidelines 15064(f). "Argument, speculation, unsubstantiated opinion or narrative, or evidence that is clearly inaccurate or erroneous, or evidence that is not credible, shall not constitute substantial evidence. Substantial evidence shall include facts,reasonable assumptions predicated upon facts, and expert opinion supported by fasts." CEQA Guidelines 15064(0(5). One can easily provide examples that refute the City's assertion that "there are no substantial changes" comparing the old (existing) General Plan and proposed amendments. The City's From Michael Sullivan to City o,_ a Luis Obispo(16 Feb 2006)-RE City Com. nearing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 6 of 16 arguments in the Initial Study are based on unsubstantiated opinion which is not "substantial evidence." Therefore the Initial Study is inadequate and unlawful under CEQA. See ATTACHMENT 01 - Critique of Environmental "Initial Study." 2. Comments on some of the proposed "programs" (implementation measures) Some of the proposed "programs" (implementation measures)in the 03-2006 COSE are weak. vague, ineffective, or infeasible. In addition, most of the proposed programs lack the four key elements of effective implementation, namely (a) who or which agency or department is responsible for implementation? (b) how(specifically) will the implementation be accomplished including, if known, how will it be funded? (c) what is the expected time frame for completion of implementation? (d) a monitoring program to determine if implementation has been successful Good planning practice today frequently groups implementation measures directly under the policies to which they apply, so the logic of implementation is evident,and so it can be determined whether a certain policy has effective implementation. I in my letter and appendices for PC hearing of 30 Nov 2005, I had given the Planning Commission important information which they ignored and never discussed: (See ATTACHMENT 03-B, Comments of Michael Sullivan, PC hearing of 30 Nov 2005) -Examples of exemplary General Plans from various cities(M. Sullivan's comments, PC 30 Nov 2005 -Appendix B - Ventura 2005 Gen. Plan, Santa Paula Gen. Plan, etc.) which demonstrate this effective approach to policy implementation. - Guidebook to General Plan-City of Carlsbad(M. Sullivan's comments,PC 30 Nov 2005, Appendix C) (Shows the usefulness of information provided to the public about how to use the General.Plan) - "Putting Action into the Open Space Element: Techniques for Preserving Open Space and rm Faland" (Calif. Office of Planning and Research, 1997) (M. Sullivan's comments,PC 30 Nov 2005 - Appendix D) (Shows examples of implementation techniques.) The 'programs" (implementation measures) in the March 2006 City Council Hearing Draft COSE are weak and ineffectiveand do not follow good planning practice as given in the examples above(e.g. City of Ventura, City of Santa Paula General Plans). The implementation measures are not.specific (for each policy) but rather are more general, and are lumped together haphazardly at the end of the chapters in the COSE. (Also, there is no information about who is responsible for implementation, nor is there any information given about a possible timeframe expected for implementation or funding for implementation.) With this loose organization of implementation programs in a general way,one does not know which programs pertain to which policies, or even if From Michael Sullivan to of San Luis Obispo(16 Feb 2006)-RE Citi uncil hearing of 28 Feb 2006 ER/GPA 149-98. Update- consolidation of Conservation and Open Space elements of General Plan etc. Page 7 of 16 a particular policy has any implementation program at all. I spoke with planner Jeff Hook about this. His opinion is that it is acceptable to have general implementation programs rather than specific ones. I disagree strongly. The City has used both specific and general implementation programs for other elements,such as the 2004 Housing element; the 1994 Open Space element had both general programs and specific programs. This is a more effective approach, but it has unfortunately not been used in the proposed March 2006 COSE draft. Instead, general and somewhat vague and often infeasible or unenforceable implementation programs are thrown in haphazardly at the end of each chapter, instead of following the policies. This approach weakens important protections for open space, conservation,etc. Some examples of poorly crafted implementation programs in Mar 2006 COSE: Program 7.30.1. (Protect natural communities) "A.. Implement the Natural Communities policies above." Comment: An implementation measure(program) is supposed to provide a listing of some specific action to be taken to implement'a policy. It is certainly not sufficient to simply state "Implement the Natural Communities policies above." This is equivalent to saying, "We will implement the policy by having a program statement which tells us to implement the:policy." This example of ridiculous circular language gives no guidance whatsoever as to how the policies could be implemented. Program 8.30.1 G(Protect open space resources) - "Locate, design and operate facilities consistent with General Plan Lroals and policies." Comment: This is just redundant fluff. Such a so-called "program" accomplishes nothing. It is already understood that facilities must be consistent with the General Plan. A similar redundant and unnecessary program is 8.30.1 C ("Set conditions of subdivision and development approvals consistent with General Plan goals and policies."). This is self-understood! This is fluff! Another example: 830.1 E("Manage its open space holdings and enforce its open space easements consistent with General Plan goals and policies. (See also Appendix C, 'Management of Open Space.')"). More redundancy! More fluff! Is it necessary to have the City remind itself three separate times that it must approve projects consistent with General Plan goals and policies? (Maybe so.) Program 8.30.1 H (Protect open space resources) - "Encourage sustainable agricultural practices...." Comment: This document has many programs that-say "Encourage this" or "Encourage that." But most developers will take the path of least resistance and do whatever is cheapest and easiest,no matter how you encourage them. Such programs offering encouragement are essentially worthless. A better approach is to offer specific incentives. Program 5.30.3. Coordinate waste reduction and recycling efforts. - "The city will coordinate local, and participate in regional,household:and business waste reduction and recycling efforts." Comment: This, like many other programs in the COSE,is vague, and gives little or no direction about actual actions to be taken. This, like many such vague programs, will very likely be ignored. From Michael Sullivan to City of J,-Luis Obispo(16 Feb 2006)-RE City Counc._..earing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page S of 16 Program 7.30.1 (Protect natural communities) C. "Participate in environmental review conducted by other agencies for projects that could affect natural communities in the San.Luis Obispo planning area." Comment: This sounds good on paper but it is most likely infeasible. Does the City have the extra money and personnel to allow staff to consistently track environmental review of the county projects near SLO? Probably not. This is one of many examples of proposed programs which are likely to be infeasible. 3. I suggest the following changes in proposed goals, policies and programs of the "March 2006 City Council hearing draft" COSE: deletions =strikeout; additions = shaded Chapter 8 - Open Space As proposed(PC hearing-08 Feb 2006 "Mar 2006 City Council hearing draft") Policy 8.25.1. Loss of open space. The City may permit loss of an open space resource as described.in Goals 8.21 and 8.22 only when: A. Preserving the resource would permanently deprive the landowner of all reasonable use, and acquisition by the City or a conservation organization is not feasible; or B. There is a demonstrated need, based on public health,safety or welfare,and there is no practical alternative to loss of the resource; or C. The resource is prime agricultural soil on a small parcel essentially surrounded by development, and the development contributes to the protection of agricultural land in the urban reserve or greenbelt through transfer of development credit, dedication of open.space easements or fee ownership,direct funding for open space acquisition or another equally effective method,as further described in the Land Use Element. Recommended changes Policy 8.25.1. Loss of open space. The City may permit loss of an open space resource as described in Goals 8.21 and 8.22 only when: A. Preserving the resource would permanently deprive the landowner of all reasonable use, and acquisition by the City or a conservation organization is not feasible; or B. There is a demonstrated need, based on public health, safety or welfare, and there is no practical alternative to loss of the resource; or C. The resource is prime agricultural soil on a small parcel. � � essentially surrounded by development, and the development contributes to the protection of agricultural land in the urban reserve or greenbelt through transfer of development credit,dedication of open space easements or fee ownership,direct funding for open space acquisition or another a ually effective method, as further described in the Land Use Element0 , 41, 11011: MUM . L N N Rationale.for recommended changes f —� r-\ From Michael Sullivan to G; f San Luis Obispo(16 Feb 2006)-RE City' 1cil hearing of 28 Feb 2006 ER/GPA 149-98. Update/-consolidation of Conservation and Open Space elements of General Plan etc. Page 9 of 16 (a) The term "small parcel" of prime agricultural land.should be defined clearly. Certainly, a "small parcel" would not include something like the 131 acre Dalidio site, for example. (b) In the recent past(2004), development proposals such.as the Dalidio Marketplace have attempted to have the City approve substantially less open space area than what is called for in LUE Policy 1.13.5. At the Dalidio site, the proposal was for only about 42%open space rather than the "approximately 50%" open space required by LUE 1.13.5. As Mr. John Mandeville has stated in PC hearings (late 2005 /early 2006), the more specific language (LUE 1.13.5) overrules the more general language (COSE 8.25.1). Although it may be in some cases beneficial to dedicate off-site open space,this does not satisfy the General Plan when the proposed amount of on-site open space is less than the amount called for in the General Plan LUE. As proposed (PC hearing - 08 Feb 2006 "Mar 2006 City Council hearing draft") Policy 8.25.3 Required mitigation. E. Individual small projects, each with an incremental impact on an extensive resource, may provide mitigation through payment of a fee, to be used for protecting that resource within the San Luis Obispo planning area. F. The City may establish or participate in a"mitigation bank."through which resources are protected in a consolidated location ahead of the need to mitigate impacts of individual, small projects. the City will work with other agencies to assure successful operation of any mitigation bank that is established. Recommended changes E. Individual small projects, each with an incremental impact on an extensive resource,may provide mitigation through payment of a fee,to be used for protecting that resource within the San Luis Obispo planning area. 0 .1 4 A' F. The City may establish or participate in a"mitigation bank."through which resources are protected in a consolidated location ahead of the need to mitigate impacts of individual, small projects. The City will work with other agencies to assure successful operation of any mitigation bank that is established. tl Rationale for recommended changes (a) Fee payment does not guarantee open space protection. It only contributes to a fund which may or may not be sufficient to replace what is being lost to development. The decision to use this method of protection should be supported by a recommendation of the Agricultural Commissioner or expert biologists when agricultural or habitat lands are involved. (b) Neil Havlik,Resources Manager for City of SLO, gave expert spoken testimony(PC 18 Jan 2006)that mitigation banking has not worked so well except in a few limited examples such as Filiponi ranch. I(Michael Sullivan) believe that mitigation banking should replace damaged g From Michael Sullivan to City of_.m Luis Obispo(16 Feb 2006)-RE City Cour.:hearing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 10 of 16 resources with like kind,otherwise there can be a net loss of certain habitat types e.g. riparian, grassland, etc. »»»»»»»»»»»»»»»»»»»»»»»»»> As proposed (PC hearing-08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 (Program). Protect open space resources. The City will take the following actions to protect open space, and will encourage individuals, organizations, and other agencies to take the same actions within their areas of responsibility and jurisdiction. A. Maintain the urban reserve line location, except where a relatively small enlargement of the urban area is tied to permanent protection of substantial open land that did not previously have assured protection. Recommended changes Delete 8.30.1A because it is inconsistent with certain policies of the Land Use Element(LUE): "LUE 1.2 Build-out Capacity. There should not be major expansion of the urban reserve line because the urban reserve provides adequate capacity for new housing and employment up to the City's desired maximum. This element seeks to establish an ultimate population capacity." "LUE 1.62 Expansion Areas Expansion areas adequate for growth consistent with these policies should be designated within the urban reserve line (Land Use Element Map and Figure 2)." Rationale for recommended changes Policy 8.30.1 A would allow incremental; cumulative expansion of the Urban Reserve Line, defeating the intent of LUE 1.2. Policy 8.30.1 A would allow piecemeal expansion beyond the urban reserve line,in violation of LUE 1.6.2 which requires that expansion areas be within the urban reserve line. »»»»»»»»»»»»»»»»»»»»»»»»> As proposed(PC hearing-08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 B. Promote open space protection by annexing and applying City conservation and Open Space(C/OS)and Agriculture zoning to private property where appropriate and consistent with General Plan goals and policies. Recommended changes 8.30.1 B. Promote open space protection by annexing and applying City conservation and Open Space(C/OS)and Agriculture zoning to rivate property where a_ ro riate_and consistent with General Plan goals and Rolicies. Rationale for recommended changes The City has abused C/OS pre-zoning in certain annexations where it was clearly known that the proposed land use would be something other than open space (commercial, for example), yet the pre-zoning was for open space (C/OS). This occurred, for example, at Froom Ranch(site of Home Depot). Why is this wrong(and illegal)? From Michael Sullivan to 6 )f San Luis Obispo(16 Feb 2006)-RE City, mcil hearing of 28 Feb 2006 ER/GPA 149-98. Update,- onsofdation of Conservation and Open Space elements of General Plan etc. Page 11 of 16 (a) LAFCO must review annexations for land use compatibility and infrastructure capacity of new development. LAFCO was authorized to "approve the annexation of unincorporated territory consistent with the.planned and probable use of the property based upon the review of general plan and pre-zoning designations." Govt Code 56375. If the land use is characterized as open space rather than its true intended purpose, (e.g. commercial, industrial, residential),then LAFCO will be assessing impacts of open space rather than the actual land use. Thus, LAFCO will not be serving its purpose, which is to properly assess proposed annexations in accordance with their true, intended land use types.. (b) Government code requires that the pre-zoning designation cannot be changed until two years following annexation. In the case of Froom Ranch,however, the zoning was changed from C/OS to Commercial Retail immediately following annexation,thus violating state law. Govt Code 56375. »»»»»»»»»»»»»»»»»»»»> As proposed(PC hearing- 08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 M. Maintain the position of Natural Resources Manager so that open space functions are consolidated in one existing city department under one person. Recommended changes 8.30.1 M. Maintain the position of Natural Resources ' Rationale for recommended changes The idea of a Natural Resource Manager(NRK is a,good one. However,this person should not necessarily be an all-powerful "Open Space Czar" accountable to nobody but himself(or herself). The particular person in this function may change from time to time. The NRM should also cooperate with other experts and other city staff, e.g.planners,biologists,agriculturalists,non-profit conservation organizations, etc. As proposed(PChearing-08 Feb 2006 - "Mar 2006 City Council hearing draft") 8.30.1 N. Natural Resource Manager will establish performance standards and/or dimensions for buffers between open space or agricultural resources and urban uses or development. Recommended changes 8.30.1 N. Natural Resource Manager will establish _ n performance standards and/or dimensions for buffers between open space or agricultural resources and urban uses or development. Rationale for recommended changes It is not wise to try to devise a fixed set of dimensions for buffers. The size of a buffer may vary, depending on the specific circumstances. For example, The Municipal Code(Zoning ordinance From Michael Sullivan to City o>,_,.i Luis Obispo(16 Feb 2006)-RE City Com, hearing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 12 of 16 17.16.025 of June 2004)has specific setback standards for creeks, yet allows flexibility for larger setbacks for mitigations for certain discretionary projects (SLOMC 17.16.025 para. 3, dated Jun 2004). The size of buffers may be determined by various factors e.g. safety(flooding in creeks), habitat concerns., erosion concerns, proximity of agricultural runoff, etc. Performance standards(not only for creeks but also for agricultural and habitat buffers)could be more useful. However, in any case,there must be FLEXIBILITY built in to the system so that we are not "locked in"to one particular formula for buffer width and characteristics. The performance standards for buffers should be devised not only by the Natural Resources Manager but also with input from other experts and the general public, and final approval by Planning Commission and Council. Performance standards for creek buffers would have to be made compatible with existing General Plan policies and ordinances, such as the Creek setback ordinance-.--or vice versa. »»»»»»»»»»»»» As proposed(PC hearing -08 Feb 2006 - "Mar 2006 City Council hearing draft") Appendix B: Acquisition of Open space Land , at para. 6 D, states, that open space should generally not be acquired by the City as open space if(d) "adjacent properties are being developed in a way that is likely to significantly diminish the conservation values of the property in question." Recommended changes This policy needs to be re-considered. In some cases,the City might_want to acquire open space that is in an urban setting near developed or potentially developing properties. For example, the City may want to acquire "brown-fields" or degraded creek areas to transform them into "mini parks." Rationale for recommended changes Not all open space must be vast tracts of natural land. Open space m small parcels in an urban setting is also quite important. »»»»»»»> MAKE OPEN SPACE FUNDING A HIGH PRIORITY TO MATCH CITY GOALS! Make the goals,policies and programs for Open Space FUNDING at least at emphatic as those in the 1994 OSE. In the 1994 OSE,funding for open space was a high priority. For example, see General program 1 J,at p. 10; see Community Goals at p.94. ATTACHMENT 06(City budget 2006-2006)shows that City has "discontinued General Fund support for the open space acquisition program." ATTACHMENT 06 at p.2. This is in spite of the"Major City Goal"of Open.Space protection: "Continue funding open space acquisition and the natural resources program; maintain.and enhance open space,creeks and riparian habitat; and continue'SLO Stewards' program and collaboration with conservation organizations." ATTACHMENT 06 at p.3. The City is abandoning its own important goals which the citizens have demanded'. FrJm Michael Sullivan to City, `m Luis Obispo(16 Feb 2006)-RE City Co:� l hearing of 28 Feb 2006 ER i GPA 149-98. Update/co.-.4 idation of Conservation and Open Space elenxcdts of General Plan etc. Page 13 of 16 (4) Proposed General Plan amendments are inconsistent with certain marts of City's existing General Plan. This is a violation of state law. Some examples: (1) The Circulation element(as amended Jan 2001) approved a"northern alignment" of Prado Road running in sensitive grassland habitat at the base of the South Hills Open Space area and adjacent to the Damon Garcia sports fields. The northern alignment would have impacts on archaeological resources, creeks, biological resources, wildlife corridors, scenic rock outcroppings, serpentine rock and.soils, and visual resources. The northern alignment of Prado Road is in conflict with important Open Space goals and policies and programs.This proposal of the Circulation element is inconsistent with: Mar 2006 COSE Open Space goal 8.22 -secure and maintain open space land: (E)grassland communities and woodlands, (F) wildlife habitat and corridors for the health and mobility of individuals and of the.species,J)historically open-space settings for cultural resources,native and traditional landscapes, K)hills, ridgelines and the Morros, (L) scenic rock outcroppings and other significant geological features, (MO unique plan and animal communities. The proposed Prado Road northern alignment is inconsistent with all of the above sections. (Incorporated by reference: City of SLO, Jan 2001 amendments for Circulation element, northern alignment of Prado Road, Environmental Review documents.) Mar 2006 COSE Policy 8.22.1 -Open space within the urban area. "The City will preserve as Open Space, or as Agriculture,the areas listed in Goal 8.22,and will encourage individuals, organizations,and other agencies to do so. (See map,figure 6.)" Some open space at the base of the South Hills would be lost to development of the 4-lane Prado road northern alignment. Mar 2006 COSE Policy 3.22.2 Native American sites. "All Native American cultural and archaeological sites shall be protected as Open Space wherever possible." At the site of the northern alignment of Prado Road,archaeological sites are threatened by the presence of the proposed Prado Road which runs either on top of or very near to known archaeological sites. (2) Mar 2006 COSE Policy 9.21.1B (Preserve natural and agricultural landscapes) implies that development in natural or agricultural landscapes includes but isnot limited to buildings,signs (including billboard signs),utility and telecommunication lines and structures." Why does this policy permit billboard signs when Policy 9.213 (Utilities and signs)does not? This is an internal inconsistency. (3) Mar 2006 COSE at Appendix B 8: "The City will sell, exchange, or transfer an interest in open space lands, or relinquish a permanent open space easement, only by approval of the City Council following a public hearing, and only after a 60-day period in which the decision can be suspended pending reversal by referendum." (03-2006 COSE at Appendix B, Acquisition of Open Space Lands) Comment: This policy in antithetical to the idea of permanent open space protections. Using this policy, the City(three council members) could convert any "permanent" open space easement by Council action at any time, apparently without a General Plan amendment and perhaps without environmental review. Lands previously set aside to avoid or mitigate environmental problems could be taken out of open space protection. From Michael Sullivan to City of Sa is Obispo(16 Feb 2006)-RE City Council ing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements'of General Plan etc. Page 14 of 16 This policy would conflict with various goals and policies related to acquisition, preservation, and maintenance of open space outside and inside the urban area, e.g. Goal 8.2 (Greenbelt), Policy 8.2 1.1 Open space preserved), Goal 8.22 (Secure and maintain open space within the urban area), Policy 8.22.1 (preserve open space in urban area) in 03-2006 COSE. This policy sets a dangerous precedent, is inconsistent with the rest of the Open Space element and should be deleted. (4) Program 830.1 A(Protect open space resources) "Maintain the urban reserve line location, except where a relatively small enlargement of the urban area is tied to permanent protection of substantial open land that did not previously have assured protection." This is inconsistent with certain policies of the Land Use Element (LUE): "LUE 1.2 Build-out Capacity. There should not be major expansion of the urban reserve line because the urban reserve provides adequate capacity for new housing and employment up to the City's desired maximum. This element seeks to establish an ultimate population capacity." "LUE 1.6.2 Expansion Areas Expansion areas adequate for growth consistent with these policies should be designated within the urban reserve line(Land Use Element Map and Figure 2)." Policy 830.1 A would allow incremental,cumulative expansion of the Urban Reserve Line, defeating the intent of LUE 1.2. Policy 8.30.1 A would allow piecemeal expansion beyond the urban reserve line, in violation of LUE 1.6.2 which requires that expansion areas be within the urban reserve line. (5) Public participation for COSE updates has been very weak. Planning Commission has not adequately reviewed proposed amendments. It would have been much more effective to use a Task Force. I have participated in various public hearings before the Planning Commission(e.g. in 2003 and more recently on 09 Nov 2005, 30 Nov 2005, 14 Dec 2005, 18 Jan 2005, 08 Feb 2005). In each of the staff reports for those hearings there was a lot of"hoopla" in the staff report purporting a broad participation of the public. On the contrary, the public was largely apathetic in the critical Planning Commission hearings of 2005 and 2006. Typically, only a small number of people would attend the hearings, usually the same people over and over again, such as Jodee Bennett, Michael Sullivan, Jan Marx, etc. As stated in the introduction, a Task Force dealing with Open Space and Conservation issues would have been a great way to expand the vision of the Planning Commission. At PC hearing of 08 Feb 2006, Planning Commissioner Christianson opined that a Task Force would just be a group of environmental folks talking among themselves. This is not correct. Task Forces typically bring a group of people together who have keen interest in the issues and various levels of expertise and experience with such issues. A task force also gathers consensus from the broader public From Michael Sullivan to of San Luis Obispo(16 Feb 2006)-RE Cit} mcil hearing of 28 Feb 2006 ER/GPA 149-98. Update consolidation of Conservation and Open Space elements of General Plan etc. Page 15 of 16 community. For example,the Housing Task force was useful and brought forth various helpful ideas for the 2004 Housing element. In addition, I agree with Don Dollar and others that the City needs an Open Space Committee! Providing and caring for Open Space has often been mentioned by citizens as one of the most important and desirable functions of the City. We have city committees for matters such.as the Jack House, trees, etc. Open Space is an issue that is even more important. The Committee could provide recommendations to the Natural Resources Manager and to the Planning Commission and Council. The Planning Commission had originally recommended (circa 2003)that the amendment of the Conservation and Open Space elements should have a task force to do "brain-storming" and to provide expert advice. Perhaps in lieu of a task force, an Open Space Committee could provide a similar function for future updates of the Open Space element. SUMMARY The proposed Draft COSE has many flaws and weaknesses. (1) The environmental review is not legally adequate. The environmental review(Initial Study)is based on false statements that assert that there no significant changes in the proposed General Plan amendments, but actually the new language either weakens or deletes the older language. The lack of a true "legislative draft"means that the information in the staff report does not give a clear picture of comparisons between old and new language in comparison of the existing and proposed General Plan. (2) The proposed implementation programs are weak and poorly organized,and do not follow good Planning practice. (3) Suggested revisions to the 03-2006 City Council hearing draft COSE are discussed above. (4) Proposed General Plan amendments(Mar 2006 COSE)have various kinds of inconsistencies with the overall General Plan. (5) Public participation has been weak. A task force would have improved that. An Open Space committee should be formed The City can do a much better job. Please improve our Conservation and Open Space element. Please allow time to further review and more carefully consider and refine this major General Plan amendment which will be with us for years to come. If we don't get it right now,we are acting irresponsibly. Michael Sullivan From Michael Sullivan to City c a Luis Obispo(16 Feb 2006)-RE City Coy hearing of 28 Feb 2006 ER/GPA 149-98. Update/consolidation of Conservation and Open Space elements of General Plan etc. Page 16 of 16 LIST OF ATTACFIMENTS 01 -Critique of Environmental "Initial Study" 02-Planning Commission minutes-various dates(26 Feb 2003-18 Jan 2006) 03-A-Michael Sullivan's comments with attachments for Planning Commission hearing of 09 Nov 2005-COSE 03-B-Michael Sullivan's comments with attachments for Planning Commission hearing of 30 Nov 2005-COSE 03-C-Michael Sullivan's comments with attachments for Planning Commission hearing of 14 Dec 2005-COSE 03-D-Michael Sullivan's comments with attachments for Planning Commission hearing of 18 Jan 2006-COSE 04-Comments of Environmental Quality Task Force regarding revision of Land Use element(25 Feb 2003) 05-Comments of Richard Schmidt 20 Feb 2003, 12 Dec 2005 06-City of SLO Budget 2005-2006 07-Dalidio Marketplace Final EIR(April 2004)-excerpt regarding recommendations of APCD and responses of EIR authors 07-Dalidio Marketplace Final EIR April 2004-excerpt-Comments of APCD and response from EIR authors Documents incorporated by reference: (1)Environmental review documents for 2001 amendments of Circulation element for Prado Road northern alignment (2) City of SLO General Plan Land Use Element combined EQTF/Planning Commission draft- February and March 1994 (3) Others as stated or as noted by double asterisk** r 4 � 2 m c7 c` C /w La O C 1�w _I Q N tL' ►- r0 C c c m" a �.C c c s �"•m .m. 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Encourage rehabilitation of and impmvaaents to existing neighborhoods. 1. Establish rehiabi5ration loans,grunts,and other incentives to assist homeowners Oagoiag C improv dick propertim 2 Establish infill incentives to encourage new housing in existing neighbodtoods. ST. C • V '� � iyr'N, 11> M '� r�'r`(ti KY l� \ ! J � g�.a\ t ■ i QI.: i4 L� C G•k( ! !` 7i :41P 51�,�(1 M +C`�.r (��1 ':.P .>+'.. J La '�1♦ a.-.f(." ��:•r fl<`dfi lY�4P'!<Y•?-' ...JE•. � '�' .'1 A Preserve natrtral'resources and enhance environmental susainability. 1.. Encourage projects that um71Ze alternative energy sources, such as solar, wind, MT ..1329,D30, atcG2ZH16 2. Use natural,indigenous pkat matraals in new Projects. Ongoing C3,Co. G22.H 3. Enhance river and seek oomdoss for the enjoyment of the community. LT C3,C8, G22 4. EVand the City's recycling program. Mr C 5. Support organic fuming, ST D7,D8, G19 H B. Protect sgnouading landscapes and agricultural lands. 1. Pursue Open Space Dzu=ts,.conservation easements, land trusts and other ST D29,D30, 2. Ermithtebads G25 ik mml and national organizations suds as the American Farmland MT D29,D30, Trust,Nature Conservancy,and National Pads and Greenways Foundation m G19,G22, help==hase undeveloped lands the City, G25 3. Esmh6sh a view preservation ordinance ST C2,CS 4. Continue to apply.ln7 4Wddgclbw development guidelines Ongoing C21 C$. . 1329,D30, G25 C.Strengthen community understanding of surrounding kmdscapes and waterways. 1. Develop a strong eantonmoneai edmritioml program at an gode levels thatMT D29.D30 instills personal for arriaode and behavior towaal the; localE G22, enairmtnenr. 2. Utilize loot print sad electronic media as a m—na to educate the community at= Mr G229 D29, large about the local and environment nvf G25 I c2Z.). 3 . COMMUhIty IMPIeMehtatioh Resources The following list provides just the beginning of the many resources available to help with implementing the Vision for Santa Paula. The list should be continually refined and added to as appropriate The resources are cross- referenced in the Vision Implementation MatdL A. Citywide Vision Advisory 9• Optimists Board 10. Santa Paula Association of Skaters B. Community Members Service/Social Cimbs 11. Kiwnais Club I. Neighborhood Councils 12 Rotaty Club 2 Santa Paula Seniors 13. Odd Fellows 14. American Association of Refired C. City Government Persons(AARP)(Santa Paula 1. City Council Chapter#2022) 2 Planning Co15. The Ate of the United States. 3. Public Works Department(Parks 16• Knights of Columbus &Facilities) 17. League of United Latin American . 4. Building and Safety Depattmeat Citizens 5. Economic Development 18. Santa Paula Latino Town Hadi Department 19. Lions Chub of Santa Paula 6. Finance Department 20• Loyal Order of Moose . 7. Community Setvices Department 21. Women of the Moose- - 8. . Planning Department 22 Masoaic'Lodge#291 9. Fite and Police Departments 23. A.LM'USA(Meals on Wheels 10. Blanchard Community Library and CASP) 11. Community Center. . 24 Mercy Charities 12 Anti-Grafi Committee 25• Mexican American(member of 13. Santa Paula Redevdopment CO1merce Agency 26. Santa Clain Valley Hospice 14. Saata Paula Housiag Authority 27. Somptomists 15. City Manager. 28. SL Vincent de Paul Society 29. Nature Consetvaney 30. Sierra Club D. Organizations, Clubs, and 31. 11teEbellCiub- Groups 32. S.P:Y.IT. Yoxtb 33. Sawa Paula Beautifnt 1. Boy Scouts 34. The Spirit of Santa Paula 2. Gid Scouts 35. Habitat for Humanity of Veatttm 3. Santa Paula Little League County. 4. Santa Paola Boys and Gids Chub 36• Chamber of Commerce S. American Youth Soccer 37. Veterans of Porrigo Ware(VFX Otgaaiution(AYS0) 38. Casa del Meacain. , 6. 4 Square's Dcu mt Youth Group 39' IndependentOrder of 7. 4-H Chubs(eg.Briggs,Mupa) Oddfellows 8. Samq Paula FFigh School Future Culture%History/.Arts. .( ?1-- 4- Famrworkess of America 40. Aviation `� 41. California Oil Museum 9. Asamblea Apostolica 42 Murals of Santa Paula 10. Calvary Baptist Church 43. Santa Paula Historical Society 11. Calvary Chapel of Santa Paula 44. Santa Paula Theatre Club 12. Canons Regular of the 45. A.I.A.(American Institute of Immaculate Conception Architects) 13. Centro Ccistimo Hispano 46. ARTSPACE.COM 14. Chapel of Praise-Church of 47_ VCCF(Ventura County God Community Foundation) 15. Church of Christ 48. Ventura County Museum of 16. Church of Christ Scientist History&Art 17. Emmanuel Lutheran Church 49. Ventura County Film 18. First Baptist Church Commission 19. Fust United Methodist Church 50. The Arts Alliance of Ventura 20. Jehovah's Witnesses County 21. Missionaries of St Dominic 51. Ventura Music Festival 22 Presbyterian Church 52. New West Symphony 23. St Paurs Episcopal Church 24. United Methodist Church Servicer / Other 25. St Sebastian Catholic Church 53. FCe stage Valley Vision G. Public Agencies E. Schools 1. Job and Career Centers of 1. Barbara Websta-Elementary Ventura County 2 Blanchard Elementary 2 Cabrillo Economic Development 3. Glea.City Elementary Corporation 4. Isbell Middle School 3. Ventura County 5. Grace Thille Elementary 4. Caltrans 6. Thelma Bedell Elementary 5. County Health Department 7. Santa Clara Elementary School 6. Ventrra County Shc&Ts ent 8. Briggs Elementary.School 9. Olivelands.Element uy,School 7. Greyhound-Transportation 10. Mupu Elementary School 8. Southern Pacific Railroad 11. Santa Paula High School 9. City of Ventura 12 Renaissance High School 10. City of Camarr7lo 13: Ahnnaztive Program IL City of Fillmore 14. Ventum College 12. City of Moorpark, 15. Thomas Aquinas College 13. City of Ojai 16. College Extension East Campus 14. City.of Oxnard . 17 Oxnard College Cooking 15. City of Port Hueneme P 16. City of Simi Valley rogtam 17. City of Thousand Oaks 18. City of San BuenaventuraF. Reltgiaas Iastituti'ons 19. AG Futures Alliance 1. Ministerial Association 20. Ventura County Community 2. Pastoral Association Foundation 3. Universalist quwh 21. Heritage Valley Visitors Bureau 4. The Presbyten a Chnech 22 Friends of Santa Clara Rivet 5. The Fiist Christian Church 23..Santa Paula Commission on 6. Our Lady of Gusdahrpe Aging Z 7. Abundant Iffe 25. SOAR(Save Our Open Spare) 8 Adult Faith Development Sakita Paula M j,4 Citywide1 Fl.Flam page 13 �n 1 26. VCTC(Ventura County Transportation Commission) H. Private Sector 1. Local small businesses 2 Ventura Coastal Association of Realtors 3. Limoneim Associates 4. Sana Paula Memorial Hospital 5. DW Burhoe Construction,Inc 6. Harmony Construction of California 7. Kmart Corporation & Pool Company 9. Twyford Plant Laboratories 10. Wamaco Olga,Inc 11. Wyerhaeuser Company 12 The Vons Companie ,Inc. 13. HiIIhaven Corporation 14. Downtown Merchants Assoc 15. Hansen Trust 16. Southern California Edison 17, Santa Paula Aitport 18. Glen Tavern Inn 19. Santa Paula Inn Hotel 20. Ocean Gateway Hotel 21. Local Stables 22. %for Art 23. Hcaldware providers I. Media 1. Santa Paula Times 2 Adeipbia Cable 14. 3. Tekvision Channel 10 4. Ventura County Star 5. English/Spanish Radio Page bud get-In-Brief 2005-07 Financial Plan Approved 2005-.06 Budget The purpose of this 'budget-in-brief'is to summarize goals at the very beginning of budget preparation. the City's 2005-07 Financial Plan by highlighting the Setting goals and priorities should drive the budget Citys budget process, key budget features,major process, not follow it. City goals and basic 'budget facts.' If you have any questions about-the Citys budget or would like a For this reason,the City began the 2005-07 Financial complete copy of the Financial Plan;please call us at Plan process with a series of in-depth workshops 781-7127 or visit our web site at www.slocity.org. where Council members considered candidate goals presented by community groups, Council advisory Purpose of the City's Two-Year Financial Plan bodies and interested individuals; reviewed the Citys. fiscal outlook for the next five years and the status of The fundamental purpose of the Citys Financial Plan current goats;presented their individual goals to is to fink what we want to fellow Council members; accomplish for the and then set and prioritized community with the --- goals for the next two resources necessaryto do l 2005-07. years. SO. Our Financial Plan process does this by. Financial City staff then prepared the clearly setting major City plan Preliminary Financial Plan goals and other important FREE 9MRxW5ffl based on this policy . objectives;establishing - guidance from the Council. reasonable timeframes Approved A number of budget and organizational 2005-06 workshops and hearings responsibility for achieving followed, resulting in final them;and then allocating A Budget Council adoption of the the resources required for _ _ i 2005-07 Financial Plan on implementation. June 21,2005. This process results in a ' Financial Plan Policies two-year budget document ' that emphasizes long i P 9 � i Formally articulated budget range planning,budgeting 4, . . :: and fiscal policies provide for results,effective the fundamental foundation program management for preparingand--;--- - fiscal accountability. While appropriations are still implementing the Financial Plan. Included in the made annually under this process,the Financial Plan Financial Plan itself,these policies cover a broad is the foundation for preparing the budget in the range of areas such as user fee cost recovery goals, second year. enterprise fund rates, investments,capital improvement management;capital financing and Major City Goats debt management, minimum fund balance and reserve levels, human resource management, Linking important objectives with necessary productivity and contracting for services. resources requires a process that identifies key CW city of San tuis oBtS PP 'KEY BUDGET FEATURES Budget balancing for 2005-07: Mother tough act ® Budget cuts have forced the City to reduce to follow from two years ago. The City continues spending on infrastructure and facility upkeep by 50 to face a very difficult fiscal outlook. On the heels of percent. Unless we act,the City's infrastructure, closing a$7 million General including parks, roads and storm Fund budget gap two years drains,will deteriorate. ago—and another$1.4 million WRIPw9nl ' " last year—we were faced with . We have cut swom positions in the Revenue measure is viable, but a$2.1 million gap in 2005-07, Police Department,including in the with caveats. Fortunately,given largely due to continued State high priority area of traffic enforcement. our tough fiscal situation, the May takeaways. . We do not have a full-time Fire 2005 analysis shows that a Marshal nor a permanent Training general-purpose sales tax ballot For the next two years,we Officer for our firefighters. In a full- measure of no more than'h-cent have been successful in service city of our size,these should be in 2006 is viable. However,it also preparing a Financial Plan for fun-time,regular positions. shows that its success depends 2005-07 that reasonably . We have suspended the upon an effective public balances the delivery of core "neighborhood"street paving program. information and community services with the resources In 2005.07,we will only be able to outreach program accompanied by available to us. complete limited arterial street repairs. strong fiscal accountability • We have virtually no City funding for provisions,such as a sunset However,achieving this flood protection or storm drain provision. balance required service maintenance projects. reductions in all areas of the . We have discontinued General Accordingly, given the difficult City's operations, including Fund support for the open space financial outlook facing us,we will public safety and basicacquisition program. be initiating a comprehensive infrastructure maintenance like . We only have one Code public education and community street paving. Enforcement Officer. In a City our size, outreach program in 2005-06. this is Inadequate to address In the long run,we need to community concerns such as building Budget balancing strategy. As develop a stable new revenue violations,property maintenance and surfaced in the December 2004 source,which will require voter other code matters. Forecast,the City faced a General approval via a revenue ballot e Public counter support is reduced in Fund budget gap in 2005-07 of measure. As discussed in May the Community Development $2.1 million annually. Our strategy 2005 when we presented the Department:the"front line"in customer in closing this gap consisted of results of a revenue measure service. four key elements:using reserves; feasibility analysis to the . We have reduced the amount of further reducing the"maintenance- Council,the need to do so is cultural and sociatservice grant only'capital improvement plan driven by four key factors: funding available,even though the (CIP);further reducing operating services provided by these groups help program costs and related service O The State has taken$22 make our community a special place. levels, including cutting over 12 million of our City revenue over positions;and implementing the past 15 years,and selected new revenues as allowed continues to take$3 million from us each year to under Proposition 21 S. The following chart help balance the state budget This measure would summarizes the role that each of these elements give us more local control and keep local tax dollars played in the City's budget-balancing strategy. here to pay for essential services. Closing the General Fund Gap.d21 Million A The City has been forced to use millions of dollars from our emergency reserves to provide °R � essential City services. Without additional funds,we °CIP will no longer be able to provide important services, 3e% such as paving streets and upgrading the 100-year- NReserms ` old storm drains. n% © Calls for fire and paramedic services have increased by 65%in the last decade. Unfortunately, without additional funding, our emergency services °pm`a� rograms .�. are unable to keep pace with this demand. Without 34% this measure, we will have to cut back emergency services even more. As reflected above,expenditure reductions account for over 70%of the budget k0ancing strategy. 2 MAJOR CITY GOALS - The 2005-07 Financial Plan sets major City goals for the next two years and links them with the programs, projects and resources necessary to achieve them. Detailed work programs have been prepared for each of these goals, including the challenges we will face in achieving the goal, action plans and resource requirements. Infrastructure Open Space Preservation Maintenance Continue funding open Continue to maintain space acquisition and the City infrastructure,such natural resources program; as roads,sidewalks, maintain and enhance water,sewer,storm open space,creeks and drainage and parks,at riparian habitat;and a moderate level. - continue"SLO Stewards" program and collaboration i� with conservation organizations. Trafficit T � Economic Development: . yr Congestion Relief SAN L Sales Tax and TOT Continue efforts to 11110k§50 Revenues improve traffic flow, t4/s Encourage and promote safety and reduce projects and programs that traffic congestion will increase sales tax and throughout the City. , ► transient occupancy tax (TOT) revenues. Bikeway Downtown Improvements Continue the City's w' w. Continue efforts to traditionally strong support improve bicycling in the for the downtown in City, including. multiple areas,such as completion of the maintenance,economic Railroad Safety Trail, development, public safety, Bob Jones City-to-Sea "< -- --_ parking and tourism Trail and the Bill promotion,including Roalman Bicycle progress on the installation Boulevard. of pedestrian lighting,and other improvements as resources allow. - Cooperative Use Long-Tenn i of Sports Facilities Fiscal Health t - Support the Joint Use Continue developing and Committee in further implementing along-term redeveloping school plan that will deliver district sports facilities. desired service levels, adequately maintain existing infrastructure and facilities,and preserve the City's tong term fiscal alth d 3 BUDGET FACTS 2005-06 Budget By Funding Source: 2005-06 General Fund Budget: $74.3 Million $43.1 Million O Debt Service B Capital 4% Projects 6% O Enteryrise Funds O General o Operatiry 38% Fund Programs 58% 90% ■Other Funds 4% 2005-06 General Fund Operating Budget 2005-06 General Fund Operating Budget By Function:$38.0 Million By Type:$38.0 Million O General Govt 17 Other O C X= Costs ■ Public 12% meat w� r i' 13% tPR e& •Contract L Services ? .+ 50% 10% !]Statfmp O Leisure, 78% . taAtural& Soda) Services O Streets, 16% Sidewalks &Flood Protection 6% 2005-07 Projects:2005-06 General Fund Revenues: Water System Improvements $5.3 $40.4 Million Wastewater System Improvements 9.8 Arterial Street Paving 1.9 a AD Outer Downtown Paving 02 a service Revenues Los Osos Valley Road Paving Rehabilitation 0.5 Z%-charges _ Intersection Improvements:Tank FarmlBroad 0.4 14% ■sales Tax . Traffic Signal Installations 0.4 31% Pedestrian&Bikeway Improvements 1.4 m on>er In Millions Taxes 10% -- 2005-07 Regular vLFNLF Public Safety 137.0 SVJW Public Utilities 58.8 e% Transportation 25.5 or Leisure,Cultural&Social Services 28.0 Utif4y Tax Users Tax 13TOT 1796 Community Development `� 37.6 . 10% 10% General Government '9 _ �' 54.9 Total Positions 341.8 19 4