HomeMy WebLinkAbout11/02/1993, 1 - ALTERNATIVES TO THE PROCESS FOR MAJOR ANNEXATIONS REQUIRED BY THE ADOPTED GENERAL PLAN LAND USE ELEMENT. DATE
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WNS COUNCIL AGENDA REPORT
FROM: Arnold B. JonasCommunity Development Director
BY: Glen Matteson, Associate Planner and
John Mandeville, Long Range Planning Manag�
SUBJECT: Alternatives to the process for major annexations required by the adopted
General Plan Land Use Element.
CAO RECOMMENDATION:
1. Initiate an amendment to the General Plan Land Use Element that would allow a
major expansion area to be annexed before a specific plan is adopted while retaining
the requirement that a specific plan be adopted before any part of the major expansion
area is subdivided or developed.
2. Direct staff to present during review and public hearings on the Draft Land Use
Element modified policy language that would allow a major expansion area to be
annexed before a specific plan is adopted while retaining the requirement that a
specific plan be adopted before any part of the major expansion area is subdivided or
developed.
DISCUSSION
The adopted General Plan Land Use Element identifies four major expansion areas intended
for eventual residential development: Irish Hills, Dalidio, Margarita, and Orcutt (attached
map). It says a major expansion area may be annexed and developed only after a specific
plan is adopted, and when water and sewer capacity are adequate for the annexed area plus
existing and potential customers inside the City.
A specific plan shows the type and intensity of land uses and the design of roads and other
public facilities in more detail than the General Plan, but not so precisely as subdivision
maps or construction plans. A specific plan shows how a major addition to the City can be
developed over several years with minimal impact to the community, by laying out phasing,
financing mechanisms, environmental mitigation programs, and any design standards which
differ from standard zoning and subdivision rules.
The draft Land Use Element update would allow a major expansion area to be annexed
before water and sewer capacity are adequate for development. However, it still would
require that a specific plan be adopted before annexation, and that water and sewer service
be adequate for development to proceed. To be consistent with current Council direction for
annexation of the Airport Area, modified policy language to require a specific plan for major
expansion areas prior to development, but not prior to annexation, will be presented to the
Planning Commission and City Council as they review the Draft Land Use Element. The
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COUNCIL AGENDA REPORT
update would also:
- Significantly enlarge the Margarita Area and its residential capacity, and include a
business park;
- Eliminate the Dalidio Area as a "major expansion," and show about one-half of each
ownership area primarily for commercial development, subject to some type of
development plan --but not necessarily a specific plan;
- Enlarge the Irish Hills Area to provide about ten acres for car dealerships;
- Show part of the Orcutt Area to remain as rural residential.
For several years, City staff and a consultant representing property owners have been
working on a draft specific plan for the Margarita Expansion Area. Recently, Council has
directed staff to proceed with the initial steps of annexing the entire airport planning area,
which includes the Margarita Area. Margarita Area property owners have advised the City
that they support proceeding with the Airport Area annexation. However, following owner
preference and Council direction, the annexation material is structured so that the Margarita
Area can proceed independently if the rest of the Airport Area is delayed or rejected by
either property owners or the City.
The Airport Area/Margarita Area annexation schedule targets completion of the annexation
by January 1995, with the specific plan for the area adopted in the spring of 1995.
Annexation of the Margarita Expansion Area before the specific plan is approved by the City
will require an amendment to both the adopted, and draft update to, the Land Use Element.
The City is expecting to receive commercial development applications for the Dalidio area
consistent with the draft Land Use Element update, scheduled to be adopted in spring of
1994. The property owner has already announced a proposal which will include an open
space easement, and possible dedication, for the City. A specific plan for the entire Dalidio
Expansion Area is currently not being proposed as that requirement is not a part of the Draft
Land Use Element.
Annexation of the Dalidio Expansion area sooner than adoption of the update will require the
adopted Land Use Element to be amended to modify the requirement for a specific plan and
availability of water resources prior to annexation.
Outlined below are three alternative approaches to annexing these areas.
1. "Current schedule"
The City would complete its Land Use Element and Circulation Element updates,
with adoption scheduled for spring 1994.
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COUNCIL AGENDA REPORT
Meanwhile, the Margarita area concept plan would be refined and an environmental
impact report (EIR) focused on the Margarita area would be prepared. Assuming that
the draft specific plan would provide mitigation of potentially significant on-site
impacts, the Margarita area EIR could be a supplement to the Land Use Element
update EIR. The Margarita area specific plan would be adopted within a year of the
Land Use Element update, by spring 1995, or possibly sooner. The annexation
process could go on concurrently. Allowing for potential delays in that process,
annexation could be effective in summer 1995.
Also, the anticipated Dalidio and McBride development proposals could be processed
on a similar schedule.
2. Modify or delete the specific plan requirement in the Land Use Element
The City would amend the Land Use Element so that an approved specific plan for
each major expansion area would be required before development, but not required
before annexation. The Planning Commission could consider such a change in
January 1994, with Council adoption in spring 1994. The annexation process would
be happening concurrently, with annexation taking effect in winter 1994-95. If this
alternative is selected, the same policy language should be included in the Land Use
Element update, which will supersede the current Land Use Element when adopted.
This alternative would be consistent with and implement the proposed schedule for
processing the Airport Area annexation currently being considered by the Council.
Other options would be to amend the Land Use Element to eliminate the requirement
for specific plans for major expansion areas, or to eliminate the Margarita area's
designation as a major expansion area. These approaches seem unwise, considering
the many issues to be resolved to have coordinated development in an area with
several owners.
3. Do "open space" specific plans
The City would let stand the requirement for a specific plan, but adopt a specific plan
that shows existing agricultural uses and the existing limited nonagricultural uses.
For the Margarita Area, such an "interim" specific plan would be replaced by one
showing the intended residential neighborhood and business park before development
starts. For the Dalidio area, it could be replaced by development plans for each
ownership area. Such an interim specific plan could be adopted by winter 1994.
This approach is subject to criticism that it is simply circumventing the requirement.
Basic Annexation Process and Submittal Requirements
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COUNCIL AGENDA REPORT
The process of annexation requires certain types of information and public review, whether
or not specific plan preparation and adoption are required. Under State law, the Local
Agency Formation Commission (LAFCO) decides annexation proposals, with prescriber)
roles for the City, property owners, and residents, depending on the particular circumstances.
The main procedural steps and submittal requirements for annexation include the following.
1. Annexation Application (to LAFCO)
- resident petition or city resolution
- maps showing annexation area
- legal description of annexation area
- Justification of Proposal questionnaire
- environmental assessment form
filing fee
- Plan for Services
- Prezoning
2. LAFCO environmental review
3. Property tax exchange agreements between City and County
4. LAFCO hearing
5. City protest hearing
In addition to these LAFCO requirements, and as discussed by the speakers at the recent
Council workshop regarding costs of annexation, a fiscal impact analysis of the area to be
annexed is strongly recommended prior to annexation.
ALTERNATIVES
The Council may give direction different from that recommended by staff. Any change to an
adopted policy or regulation would require proper environmental review, public notice, and
hearing.
The Council may continue action.
RECOMMENDATION
1. Initiate an amendment to the General Plan Land Use Element that would allow a
major expansion area to be annexed before a specific plan is adopted while retaining
the requirement that a specific plan be adopted before any part of the major expansion
area is subdivided or developed.
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align COUNCIL AGENDA FRE-P . RT
I Direct staff to present during review and public hearings on the Draft Land Use
Element modified policy language that would allow a major expansion area to be
annexed before a specific plan is adopted while retaining the requiremea that a
specific plan be adopted'before any part of the major expansion area is subdivided or
developed.
ATTACHED
Vicinity map for major expansion areas under adopted Land Use Element
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MAJOR EXPANSION AREAS
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990 Palm Street/Post Office Box 8100•San Luis Obispo.CA 934038100 1-4
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M AGENDA
DATE 1 - ,� #
MEMORANDUM
TO: Honorable Mayor and City Council Members
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VIA: John Dunn, City AdministrativeOffice�'
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FROM: Arnold Jona Community Development Director
DATE: October 29, 1,/993
SUBJECT: Additional comments relative to proposed amendments .to
General Plan Land Use Element Major Expansion Area
designation and policies (November 2nd Agenda, Item #1) .
The staff report .for agenda item number 1: Alternatives to the
process for major annexations required by the adopted Land Use
Element, addresses General Plan changes which are seen necessary to
allow continued, expedited processing of the Airport/Margarita and
Dalidio annexations. In general, the anticipated changes would
allow annexation of major expansion areas prior to adoption of a
specific plan, but would require adoption. of such a plan prior to
development. Changes are also proposed to the draft LUE update to
incorporate similar, consistent requirements.
The Draft LUE also eliminates the "major expansion area"
designation for the Dalidio area, and following previous Council
direction, the document includes specific land use designations for
those properties. Given the complexity and fluid conditions related
to this area at the present time, it would be wise to eliminate the
major expansion area designation from the adopted LUE as well. City
policy regarding the Dalidio area would then be clear and
consistent at the earliest possible time . However, the November
2nd staff report does not clearly make this suggestion.
Thus, during consideration of this agenda item, staff will
specifically note the desirability of removing the expansion area
designation and specific plan requirement, and seek Council
.direction to pursue an amendment to the adopted LUE. Appropriate
General Plan land use designations and an approved development plan
would still be required before 'development could occur in the area.
if Council is supportive of this approach, you should specify that
it is desirable to consider differing LUE requirements for the
Dalidio area to assure the most appropriate process and results for
all of the different major annexation areas.
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