HomeMy WebLinkAbout11/18/1997, 5 - REVIEW OF AN APPLICATION FILED WITH THE COUNTY OF SAN LUIS OBISPO TO CHANGE THEIR GENERAL PLAN TO ALLOW COMMERCIAL DEVELOPMENT OF THE FROOM RANCH WITHOUT ANNEXATION. council
j agenda Repoat
CITY OF SAN LUIS OBI S PO
FROM: Arnold Jonas, Community Development Director
Prepared By: Ronald Whisenand,Development Review Manager
SUBJECT: Review of an application filed with the County of San Luis Obispo to change their
General Plan to allow commercial development of the Froom Ranch without
annexation.
CAO RECOMMENDATION
Authorize the Mayor to send a letter to the Board of Supervisors on behalf of the San Luis Obispo
City Council opposing the requested amendment.
DISCUSSION
The County of San Luis Obispo has received an application for amendment of their General Plan by
Alex Madonna-and Eagle Hardware. The requested amendment would delete the planning area
standard that applies to the Froom Ranch property that limits the use of this site to agricultural until
such time as it is successfully annexed into the City of San Luis Obispo. If successful with the
requested General Plan Amendment,the applicants would like to develop 15 acres of the property
for a new 204,235 square foot Eagle Hardware and Garden center. In addition, a separate 5 acre
parcel is proposed that would accommodate an additional 100,000 square feet of retail commercial
development. No site plan was available from the County at the time of the writing of this report.
The applicant's statement however is attached for Council reference.
The County processes General Plan amendment through a two step process. The first step consists
of a preliminary staff review followed by a hearing before the Board to determine whether the
application is accepted for processing. This hearing has been tentatively set for December 2, 1997.
City staff was advised that the hearing may address the level of environmental review(i.e. EIR or
Mitigated Negative Declaration),or that this decision may need to come back to the Board following
preparation of a detailed initial study.
Should the Board accept the processing of the General Plan amendment request,the matter will then
be turned over to County staff for completion of required studies and analysis. The General Plan
amendment and development permit application would then proceed through the Planning
Commission and Board of Supervisors public hearing process.
Early in the process,City staff was asked to provide the County with our comments and feedback.
We provided a response (attached) that outlined the history of the City's processing of various
Froom Ranch development proposals as well as policies in our General Plan that require new urban
uses adjacent to the City limits to be annexed prior to development.
Council Agenda Report-Madonna/Eagle Hardware General Plan Amendment
Page 2
The County's General Plan contains similar policies related to urban development. In fact, the
County's General Plan recognizes the property's"General Retail"land use consistent with the City's
General Plan,but with restrictions limiting it to agricultural uses until it is annexed into the City.
This limit on land use is at the heart of the applicant's amendment request.
Staff feels that it is extremely important that the City and County abide by the key principles behind
our respective General Plans. These planning documents establish appropriate locations for urban
uses and should be closely followed. The cooperative effort between the City and the County is
critical especially where our jurisdictional boundaries meet. Urban development should be located
in the City limits where services can be provided in an orderly manner.
In order to show the Board of Supervisors the City's resolve in this matter,it is recommended that
the Mayor and Council send a letter outlining the City's position. Staff has drafted such a letter for
Council review and revision as appropriate.
Attachments
A. Draft Letter to Board of Supervisors
B. Central Coast Engineering Application Statement
C. City's September 22, 1997 Response to County
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o CIytoo oOf SAn Wis OBISPO
l(r S OFFICE OF THE CITY COUNCIL
990 Palm Street■San Luis Obispo, CA 93401-3249■805/781.7119■ FAX 805/781-7109
November 18, 1997
San Luis Obispo County Board of Supervisors
County Government Center
San Luis Obispo, CA 93401
Re: Madonna/Eagle Hardware& Garden General Plan Amendment
Co. File No. G970007T
Honorable Chairman and Members of the Board:
The City has been notified that the above referenced applicants have applied for a General Plan
Amendment with the County that would allow the establishment of a retail commercial
development on 20 acres of property known as the Froom Ranch. The request, if approved,
would eliminate the land use restriction that limits use of the property for agricultural use and
thereby allow development without annexation. If the processing of the amendment application is
accepted by the Board, the applicants will request for concurrent processing of their proposed
development plan. The plans include development of a 204,235 square foot Eagle Hardware and
Garden Center on 15 acres and a 5 acre parcel to be set aside for 100,000 square feet of retail
commercial development.
As you know, the City has been working with the property owner over the past several years on
development of the Froom Ranch property. The development area is located within the City's
Urban Reserve line and is immediately adjacent to the present City limits. The property was re-
designated General Retail when the Land Use Element of the City's General Plan was updated in
1994. The general retail designation, along with various General Plan policies encourage
annexation of the property into the City and development Of commercial uses similar to those
Planned by Eagle Hardware and Mr. Madonna.
Following a 1994 City Council approval to change the property's land use designation to General
Retail use, Mr. Madonna made two sequential requests of the City to annex and develop portions
of the Froom Ranch. The first application called for approximately 700,000 square feet of retail
uses. The second, was for a smaller development that totaled 360,000 square feet. Following a
thorough environmental analysis in accordance with the California Environmental Quality Act
(CEQA), the City determined that either of the developments would require the preparation of a
focused Environmental Impact Report. The identified issue areas included water supply, geology,
secondary drainage impacts, air quality, transpOrtatiOn/circulation, biology/botany, soil
contamination, noise, utility systems, and aesthetics. Since the City's General Plan prohibits
extension of services outside of the City limits, we would also have a concern, within the
generally urbanized area, with the installation of a packaged sewer treatment plan, which the City
would discourage.
® The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities.
Telecommunications Device for the Deaf(805)781-7470 " 2
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Clty of san tuts osispo
The applicant has chosen not to pursue either of the projects with the City. A lawsuit is now
Pending in San Luis Obispo County Superior Court in which Mr. Madonna is seeking to compel
the City to review his proposed project using a Mitigated Negative Declaration rather than a
focused Ea
We certainly understand the applicant's desire to develop the property in question with retail
commercial land uses. Our General Plan calls for this area upon annexation, to receive urban
services and be developed in the City with uses similar to what Eagle Hardware and Mr. Madonna
are proposing. Land Use Element policies support the principal that areas within the urban
reserve line which are to be developed with urban uses should be annexed before urban
development occurs (emphasis added).
We understand that the County also has several policies in place which discourage the
development of urban projects adjacent to the boundaries of cities, and on the whole the County
has carefully abided by these policies. A departure from these shared policies would be of grave
concern to our City Council. The City respectively requests that the County deny this amendment
and support the planning principals that have been established by our respective general plans that
encourage annexation of urban scale development. We are ready and willing to review the
development proposal when it comes before us, after preparation of a focused environmental
impact report.
Sincerely,
Allen Settle
Mayor
c. Alex Madonna
John Dunn, City Administrative Officer
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CENTRAL COAST 19 August 1997
ENGINEERING E2211
396 Buckley Road,Suite 1
San Luis Obispo
Califomia 93401
(805)544-3278
FAX(805)541-3137
County of San Luis Obispo
Planning and Building Dept.
County Government Center
San Luis Obispo, CA 93408
Attn: Kcmii Griffin
Subject: Froom Ranch General Plan Amendment Application
Staff...
The applicant for this general plan amendment is:
Eagle Hardware and Garden
960 Powell Avenue
Renton,Washington 98055
Their request would allow:
Development of an approximately 20 acre area on the Froom Ranch (San
Luis Obispo Planning Area) as a commercial retail use (see exhibit).
Please review the following information and accept it complete. Inclosed items include:
• General plan amendment application.
• 8.5"x 11"map exhibit.
• Filing fees($4543.00).
• Agreement for cost accounting form.
• Application for real time billing..
• Consent of property owner form.
• Surrounding property owners list(within 300�.
• Applicant statement(below).
A. Introduction. As part of the recent update of the San Luis Obispo Area Plan, the
County changed the urban zoning over the Froom Ranch from residential to
commercial retail. This change reflected the zoning the City of Sari Luis Obispo
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placed over the same property during their general plan update. Both City and
County general plans refer to this area as the Irish Hills specific area.
Concurrent with the update, the County also adopted a communitywide urban area
standard that effects only parcels within the City of San Luis Obispo's urban
reserve line and outside of specific areas. The standard limits development use to
that associated with agriculture and makes the Froom Ranch one of the few
commercially zoned parcels (if not the only) within the area plan that can not
develop to it's fullest potential unless annexed into the City. For example, none of
the commercially zoned parcels within the Airport Area has this same limitation
because this area has specific standards.
B. History. In the early 1980's, the land owner approached the City of San Luis
Obispo about annexing the Froom Ranch property and was told the proposal was
premature because the general plan update was in progress.
Because the City was still updating their general plan in 1984, the land owner
submitted general plan amendment and development plan for a portion of the
Froom Ranch outside of the City's urban reserve fine and under County control.
A Final E1R was certified in December 1989 when the County Board of
Supervisor's denied the land owner's appeal request for rezoning. At the hearings,
the Planning Commission and Board of Supervisor's heard testimony from the
City stating that development in this area was still premature because their update
was still in progress.
From August 1993 up to the final approval of their update in June 1994, the City
of San Luis Obispo encouraged the land owner to submit development and
annexation proposals on the Froom Ranch. In February 1996 and February 1997,
a majority of the City Council of the City of San Luis Obispo voted to require full .
EIR's for commercial development applications.
C. Summary. Over the past 15 years, development of this area.has been put off
because it was deemed to premature. When the City expressed interest in the
property in 1993 and 1994, the land owner followed through with proposals
consistent with their general plan only to have the applications obstructed with
unwarranted determinations.
Eagle Hardware and Garden has no desire in pursuing annexation into the City
and instead is interested in development within the County. To accomplish this
goal, they request a general plan amendment exempting the Froom Ranch property
from the communitywide urban area standard that limits use to that associated with
agricultural zoning by either deleting the stmtdard completely, exempting the
property specifically, or by creating standards for commercial retail development
in the Irish Hills specific area
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1. Deletion of the Standard. Since the majority of the undeveloped parcels
within the urban boundary are within the Airport Area (an exempted area),
the limitation standard apples to a very few pieces of land. Deletion of the
standard will not adversely effect the area or it's plan.
2. Exempt the Property. The simplest way to exempt the property from the
standard is to specifically state that standard does not apply to the Froom
Ranch zoned retail commercial.
3. Create Irish Hills Standards. The Froom Ranch property is the only
commercially zoned parcel in the Irish Hills and makes up more than half
of the specific area (72 of approximately 122 acres). Specific areas are
exempted if they have area standards. The applicant can work with staff
and create commercial retail standards.
D. Request. Exempt the Froom Ranch property from the communitywide urban area
standard limiting use on parcels within the City's urban reserve line and outside of
specific areas to permit Eagle Hardware and Garden to develop an
approximately 20 acre commercial retail project.
1. Applicant's Statement. The standard the applicant is requesting
exemption from was adopted to prevent the creation of large service areas
associated with residential subdivisions on the outskirts of the City, and to
generally consolidate development in the urban core for service efficiency.
At one time, all of the Irish Hills area was designated for residential use,
but with the most recent City and County general plan updates, use on this
portion of the area was changed to commercial.
a. The type of development proposed by the applicant does not have
high demand on utility services (estimates are from 3 to 4 acre feet per
year). This coupled with the ability of the property to provide.private
water and sewer systems allows the County to reasonably conclude that the
request will not cause undo hardships with respect to these issues.
b. The Froom Ranch is one of the few commercially zoned parcels (if
not the only) within the San Luis Obispo urban planning area whose
development use is limited by the County to that associated with
agriculture. Approving the amendment request provides the property the
same benefits other's enjoy within the same planning area.
C. During the most recent update of the San Luis Obispo area plan,
the County changed the zoning on the properties commonly referred to as
the Dalidio specific ' area (Dalidio, McBride and Madonna) from
residential and commercial to agriculture. This change virtually makes
annexation of this area improbable, if not impossible. Based on this, how
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does the urban portion of the Froom Ranch annex without landlocking the
Dalidio specific area?
d. Based on past experiences, the applicant is not interested in
pursuing annexation.
2. Supporting Documents. A goal of the applicant is to receive mitigated
negative declarations for the general plan amendment and eventual
development plan application. If authorization is achieved from the Board
of Supervisor's, the applicant will process the development plan application
concurrently with the general plan amendment. Between the City, County
and land owner, there are four FE1R's that address site specific and
cumulative impacts associated to commercial development on the Froom
Ranch (City Land Use and Circulation Element FEIR and Supplemental
FEM, County Update FEIN and Madonna General Plan Amendment
FEIR). Along with these documents, the City is currently processing an
additional EIR over adjacent Irish Hills property (Duvaul) and the
applicant has environmental materials focusing on issues such as noise,
views, circulation, botanical and air quality.
E. Conclusion. Based on past experiences, the applicant is not interested in
annexation into the City of San Luis Obispo and should not be forced to do so.
Not approving the request forces annexation as the only alternative available to
enjoy the property's fullest .potential under it's current commercial retail zoning,
and in a sense is a taking of rights without real justification as to why on this
property and not on others in the planning area. Please accept the application
complete and schedule a general plan amendment authorization hearing with the
Board of Supervisor's as soon as possible.
Thankx for your consideration...
Dennis Schmidt
C. Pete Gallina, Eagle Haraivare and Garden Representative
Tom Scwrzo, Sconzo/Hallstrom Architects, Architect
Alex Madonna,Froom Ranch Property Owner
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To: Kami Griffin, San Luis Obispo Co. Department of Planning and Building
From: Ronald Whisenand, DevE?Iopment Review Manager A`
City of San Luis Obispo Community Development Department
Subject: Madonna/Eagle Hardwar-3 & Garden; your file # G970007T
Date: September 22, 1997
The City has reviewed the above referenced County referral and would like to provide you
with the following input. As we understand the application, Eagle Hardware, in conjunction.
with Alex Madonna, have applied to the �',ounty for a General Plan amendment that would
allow commercial development of the property without the need for annexation to the City.
As you may know, the City has been wcrking with the property owner over the past several
years on development of the Froom Ranch property that is located within the City's Urban
Reserve and adjacent to the present City limits. The property was re-designated General
Retail when the Land Use Element of the City's General Plan was updated in 1994. The
general retail designation, along with va;ious General Plan policies encourage annexation
of the property into the City and development of commercial uses similar to those planned
by Eagle Hardware and Mr. Madonna.
Following the 1994 update of the Land Use Element, Mr. Madonna applied for annexation
and prezoning of 67 acres of the Frocrn Ranch property with 55 acres to be devoted to
general retail uses. A development plan was submitted with the application that called for
development of approximately 700,000 square feet of large and small retail uses in three
phases. Community Development Department staff conducted a thorough environmental
analysis consistent with the California Environmental Quality Act (CEQA) and determined
that the project required a focused CEIR in order to address potentially significant
environmental impacts. The identified issue areas included open space dedication,
agricultural land conversion, geology, drainage, water supply, transportation/circulation,.
biology/botany, noise, utility systems; and aesthetics. . A copy of the initial study is
attached for your reference.
The applicant appealed staffs determin-tion to require a focused EIR to the City Council.
The Council met on February 61h19K and upheld staff's determination that an EIR was
needed in order to meet the project's r'=QA requirements.
J
San Luis Obispo Co. Department of Planning and Building
Page 2
September 22, 1997
The applicant subsequently revised his proposal to reduce the annexation and prezone
request to 42 acres with 360,000 square feet of warehouse store development. This
revised application was also subjected to CEQA review and once again, the Community
Development Department concluded that a focused EIR was needed. A copy of this
second initial study is attached for your information as well. Issue areas this time included
water supply, geology, secondary drainage impacts, air quality, transportation/circulation,
biology/botany, soil contamination, noise, utility systems, and aesthetics.
Again, the applicant appealed staff's determination to the City Council. The Council
discussed the appeal of the revised project and environmental analysis on February 4t',
1997. Although the Council indicated some willingness to modify the scope of work to
eliminate or narrow some issue areas to be considered in the EIR and agreed to delete
certain analysis if the applicant was in fact proposing on-site storm water detention, the
decision to require a focused EIR was upheld.
A lawsuit is now pending in San Luis Obispo County Superior Court in which Mr. Madonna
is seeking to compel the City to review his proposed project using a Mitigated Negative
Declaration rather than a focused EIR. Also, as I believe you are aware, the City is
presently processing a focused EIR for a residential development (DeVaul Ranch) on Los
Osos Valley Road adjacent to the Froom Ranch. If you feel it would be helpful, I can
provide you with information regarding both of these matters.
We certainly understand the applicant's desire to develop the property in question with .
retail commercial land uses. As mentioned above, our General Plan calls for this area
upon annexation, to receive urban services and be developed in the City with uses similar
to what Eagle Hardware and Mr. Madonna are proposing. Land Use Element policies 1.1,
1.3, 1.5, 1.6, 1.13.2, and 8.10 support the principal that areas within the urban reserve line
which are to be developed with urban uses, should be annexed before urban
development occurs (emphasis added). We would therefore request that the County not
alter existing General Plan policies that support urban development only after annexation
has occurred.
We believe that the County also has several policies in place which discourage the
development of urban-like projects adjacent to the boundaries of cities, and on the whole .
the County has carefully abided by these policies. A departure from these shared policies
would clearly be of concern to our City Council, and probably, to communities throughout
the County.
We recognize that the County will be the Lead Agency for this specific application request. .
As a "project' pursuant to CEQA, the General Plan amendment and the development that
would occur as a result of the land use change, must be evaluated for potential
environmental impacts. Based cn our detailed evaluation, which included input from.
outside agencies including Caltrans, the County, and the Air Pollution Control District, we
San Luis Obispo Co. Department of Planning and Building
Page 3
September 22,1997
I
came to the conclusion that an EIR must be prepared. Based on our assessment, we don't
see how the County will be able to process the matter consistent with CEQA with a
Mitigated Negative Declaration as proposed by the applicant's agent. To this end, staff
would be happy to share our files with you should you feel that they may help you in
completing your review.
CC: Mayor & Council
ciJohn Dunn, CAO
Ken Hampian, Assistant CAO
Jeff Jorgensen, City Attorney
Arnold Jonas, Community Development Director
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