HomeMy WebLinkAbout08/15/2000, 2 - DEVAUL RANCH SOUTH ANNEXATION: CONSIDERATION OF A REQUEST TO ANNEX AND PREZONE 13.6 ACRES AND ENVIRONMENTAL REVIEW AT 11955 LOS OSOS VALLEY ROAD (ANNX/R/ER 87-00) L
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-CITY OF SAN LUIS OBISPO
FROM: Arnold Jonas, Community DevelopmenDirector�D
Prepared By: Peggy Mandeville, Associate Planner
SUBJECT: DEVAUL RANCH SOUTH ANNEXATION: Consideration of a request to
annex and prezone 13.6 acres and'environmental review at 11955 Los Osos Valley Road
(ANNX/R/ER 87-00)
CAO RECOMMENDATION
Approve the Planning Commission's recommendation to:
a) Pass to print an ordinance prezoning the annexation area Conservation Open
Space(C/OS) as interim zoning and approving the Negative Declaration of
environmental impact(ER 87-00).
b) Adopt a resolution recommending that LAFCo approve the annexation.
DISCUSSION
Situation
The applicant has filed an application with the City to annex 13.6 acres on the southwest
side of Los Osos Valley Road to the City of San Luis Obispo (see Attachment 1, Vicinty
Map). An application for annexation has also been filed with the San Luis Obispo Local
Agency Formation Commission(LAFCo),which authorizes annexations. City and LAFCo
policies require that the Planning Commission and City Council determine the appropriate
zoning(referred to as"prezoning')for the site to be annexed.
The 13.6 acre site lies between the DeVaul Ranch North property (previously annexed to
the City) and the Froom Ranch property(scheduled to be heard by LAFCo within the next
few months). In order to create a logical City limit line, the 13.6 acre parcel should be
considered for annexation by LAFCo with the Froom Ranch annexation. To accomplish
this, staff recommends(and the applicant does not object) that the site be prezoned C/OS
(see Attachment Z Prezoning Map). The C/OS zoning district will be an interim zoning
designation (see Attachment 5, C/OS Zoning District regulations) for the property until
residential development plans (tentative map, architectural review, rezoning) and
environmental review are processed in the City.
2-1
DeVaul Ranch South Annexk'On
August 15,2000
Page 2
Data Summary
Address: 11955 Los Osos Valley Road
Applicant: Jet-Slci Land Development
County Zoning: Residential Multi-Family
City General Plan: Medium Density Residential
Environmental Status: A Negative Declaration is proposed for the annexation and
prezoning (Attachment 6)
Action Deadline: Legislative projects are not subject to permit streamlining
deadlines.
Planning Commission Review
At its meeting on June 28, 2000, the Planning Commission reviewed the annexation,
prezone and environmental document. The Planning Commission staff report and minutes
are attached (see Attachments 6 and 7). On a vote of 6-0 (one Commissioner was
absent), the Commission agreed to forward a recommendation to the Council to adopt the
Negative Declaration; prezone the site Conservation/Open Space (C/OS); and
recommend that LAFCo approve the annexation. Commissioners agreed that the
proposed annexation is a logical addition to the City and that annexation was the best tool
to ensure City review of future development. Discussion focused on the interim zoning
designation and review of the initial study.
Site Description
The project site is located on the south westerly side of Los Osos Valley Road, north
westerly of US Highway 101 and south easterly of Madonna Road. The site is bordered
by Los Osos Valley Road to the north east and the Irish Hills to the southwest. The site is
relatively flat and is covered by grassland and pasture lands.
Project Description
The applicant proposes to annex and prezone 13.6 acres for residential development.
Following annexation, City staff will process the applicant's requests for a residential
subdivision, rezonings for residential development and architectural review. Additional
environmental review will be required for these development requests.
Analysis of Annexation, Prezone and Minor Subdivision
As further described in the attached Planning Commission staff report, the site is
envisioned by both the City and County land use plans to be annexed to the City.
Additionally,the proposed annexation complies with the City's General Plan policies.
The applicant has agreed to dedicate 13.6 acres of open space consistent with Land Use
2r-2
DeVaul Ranch South Annexation
August 15,2000
Page 3
Policy LU 1.13.5 which states, "Irish Hills Area properties shall dedicate land or
easements covering an area in the hills at least equal to the area to be developed".
Because the DeVaul Ranch South property contains no portions of the Irish Hills, the
land dedication comes from the DeVaul Ranch North 184 acre open space dedication per
an agreement between these two property owners.
ALTERNATIVES
1. Adopt a resolution denying the annexation and prezoning.
2. Continue action with direction.
Attachments:
1. Vicinity Map
2. Ordinance prezoning the 13.6 acre site to C/OS and approving Mitigated Negative
Declaration
3. Resolution requesting LAFCO proceedings
4. Resolution for project denial
5. C/OS Zoning District regulations
6. Planning Commission staff report including Initial Study
7. Planning Commission minutes
2-3
Attachment 1
DeVaul
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AN NX 87=00City Limit Line
Urban Reserve Line
Attachment 2
ORDINANCE NO. (2000 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO AMEND THE OFFICIAL ZONING MAP TO PREZONE
APPROXIMATELY 13.6 ACRES CONSERVATION OPEN SPACE (C/OS) AT
11955 LOS OSOS VALLEY ROAD
(R 87-00)
WHEREAS, the Planning Commission conducted a public hearing on June 28,
2000 and recommended prezoning the proposed annexation site Conservation/ Open
Space(C/OS) as interim zoning as shown in Exhibit A; and
WHEREAS, the City Council conducted a public hearing on August 15, 2000
and has considered testimony of interested persons, the records of the Planning
Commission hearing and action, and evaluation and recommendations of staff in
accordance with Section 65800 et. seq. of the California Government Code; and
WHEREAS, the City Council finds that the proposed revisions are consistent
with the General Plan, the purposes of the Zoning Regulations, and other applicable City
ordinances; and
WHEREAS, the City Council has considered the project's draft Negative
Declaration of environmental impact as prepared by staff and reviewed by the Planning
Commission; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration (ER 87-00) adequately addresses the potential significant environmental
impacts of the proposed annexation and prezoning, and reflects the independent judgment
of the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. The City Council makes the following findings:
1. Prezoning the annexation area Conservation/Open Space (C/OS) as an interim
zoning designation as shown on attached Exhibit A, is consistent with the General
Plan land use designation of Medium Density Residential;
2. Prezoning the annexation area Conservation/Open Space(C/OS) as shown on
attached Exhibit A, is consistent with the intended use and location of
residentially zoned properties as described in the zoning regulations;
3. A prezoning of Conservation/Open Space (C/OS) as an interim zoning
designation is appropriate at the proposed location and will be compatible with
2-5
Ordinance No. (2000 Series) AC 1ACHMS,� r
DeVaul Ranch South Prezoning
Page 2
surrounding land uses which are primarily residential and commercial in nature;
and
4. The prezoning will not have a significant adverse effect on the environment.
SECTION 3. The annexation area shall be prezoned Conservation/Open Space
(C/OS) as an interim zoning designation as shown on the attached map marked Exhibit A
and included herein by reference.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in the Telegram-Tribune, a newspaper published and circulated in said city. This
ordinance shall go into effect upon the date of final action by the City Council on the
annexation.
INTRODUCED AND FINALLY PASSED by the Council of the City of San
Luis Obispo
at its meeting held on the day of , 2000, on motion of
, seconded by , and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED AS TO FORM:
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EDA ENGINEERING
DEVELOPMENT ZONE MAP
ASSOCIATES
ENGINEERING — LANO SURVEYING — PLANNING EXHIBIT A
1320 NIPOJO STREET, SAN LUIS OBISPO. CA 93401
JOB N0. 22-237�T_
Attachment 3
RESOLUTION NO. (2000 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY
COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION
COMMISSION APPROVE ANNEXATION NO. 62, 13.6 ACRES
AT 11955 LOS OSOS VALLEY ROAD; DEVAUL RANCH SOUTH
ANNEXATION
(ANNX 87-00)
WHEREAS, the Planning Commission and City Council have held public
hearings on the proposed DeVaul Ranch South Annexation; and
WHEREAS, the City Council on August 15, 2000, by Resolution No.
(2000 Series), approved the Negative Declaration for the proposed 13.6 acre annexation
and prezoning, pursuant to the California Environmental Quality Act Guidelines Section
15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of
its deliberations, the Council on August 15, 2000, by Ordinance No. (2000
Series) approved the prezoning for the annexation of property known as the DeVaul
Ranch South Annexation; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo
County Local Agency Formation Commission to initiate formal annexation proceedings;
and
WHEREAS, the territory to be annexed is uninhabited, and a description of the
boundaries of the territory is set forth in Section 2; and
WHEREAS,this proposal is consistent with the sphere of influence of the City of
San Luis Obispo;
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Fes.
1. The annexation is appropriate since the site is contiguous to the City on its north side
and the site is within the urban reserve line of the City.
2. The annexation of the site is a logical addition to the City due to its location in
relation to existing urban development.
3. The annexation is consistent with the goals and policies of the City's General Plan.
SECTION 2: Annexation Area Described. The DeVaul Ranch South Annexation
2-O
Resolution No. (200u aeries) AnActt1"swr 3
Page 2
consists of that area, including approximately 13.6 acres on the southwest side of Los
Osos Valley Road, generally east of Madonna Road and west of Highway 10I, in the
County of San Luis Obispo, being Assessor's Parcel Number 067-231-003, as shown on
the attached map, Exhibit A, and legally described in the attached Exhibit B.
SECTION 3: Council Recommendation. The City Council recommends that the
Local Agency Formation Commission of San Luis Obispo County approve the proposed
annexation subject to property owner compliance with City requirements regarding open
space dedication, in accordance with California Government Code Section 56844 et seq.
SECTION 4: Implementation. The City Clerk shall forward a copy of this
resolution and prezoning actions, the Negative Declaration, and all pertinent supporting
documents to the Local Agency Formation Commission.
On motion of , seconded by , and
on the following roll call vote:
Ayes:
Noes:
Absent:
the foregoing resolution was passed and adopted this day of ,
2000.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED AS TO FORM:
it o e ff gensen
2-9
Attachment 4
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST FOR ANNEXATION AND PREZONING FOR PROPERTY AT
11955 LOS OSOS VALLEY ROAD
(ANNX/R/ER 87-00)
WHEREAS, the Planning Commission conducted a public hearing on June 28, 2000 and
recommended approval of the annexation and prezoning;and
WHEREAS, the City Council conducted a public hearing on August 15, 2000 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action,and the project evaluation and recommendations of staff:
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council,after consideration of a request to annex 13.6
acres of the DeVaul Ranch South and prezone the site Conservation/OpenSpace(C/OS)as interim
zoning,makes the following findings:
(Council to insert findings here)
SECTION 2. Denial. The request for approval of the annexation and prezoning above is
hereby denied.
On motion of , seconded by _ ,and on
the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of ,2000.
2-10
AnAciimewT
Resolution No. (2000 Series) .
Pane 2
Mayor Allen Settle
ATTEST:
City C1erkLee^Price
APPROVED AS TO.FORM:
City Attorney.JeffJorgensen J
2-11
Attachment 5
Chapter 17.32:
CONSERVATION / OPEN
SPACE (C/OS) ZONE
Sections:
17.32.010 Purpose and application.
17.32.020 Property development standards.
17.32.010 Purpose and application.
A. The C/OS zone generally will be applied to areas which
are most suitable for open space uses because of
topography, geology, vegetation, soils, wildlife habitat,
scenic prominence,agricultural value or flood hazard.
B. The C/OS zone is intended to prevent exposure of
urban development to unacceptable risks posed by natural
hazards and to protect natural resources from disruptive
alterations. To these ends, it is further intended to prevent
the subdivision of such lands.
C. It will be applied as a permanent zone to areas
designated "open space" or "park" on the general plan
map. It may also be applied to areas designated"interim
open space" where development is contingent on
prerequisites identified in the general plan text. (Ord.941 -
1(part), 1982: prior code-9203.5(A))
17.32.020 Property development standards.
The property development standards for the C/OS zone
are as follows:
A.Maximum density: One dwelling per five or more acres,
as indicated in the zone designation.
B. Minimum parcel size: Five or more acres, as noted in
the numberwhich is part of the zone designation(C/OS-40
requires forty acres).
C. Minimum street yard: 20 feet
D. Minimum other yards: 20 feet
E. Maximum height: 35 feet
F. Maximum pavement and building area: Buildings and
paved surfaces, such as parking and roads, shall not
exceed five percent of site area for a parcel smaller than
10 acres or three percent of site area for a parcel 10 acres
or larger. (Ord. 1365(200 Series)(Part))
2-12
city oG san Luis onispo 72 zonmq 264ulations
CITY OF SAN LUIS OBISPO Attachment 6
PLANNING COMMISSION STAFF REPORT
BY: Peggy Mandeville, Associate Planner(781-7170) MEETING
FROM: Ron Whisenand, Development Review Manage
FILE NUMBER: ANNX/R/ER 87-00
PROJECT ADDRESS: 12395 Los Osos Valley Road
SUBJECT: Consideration of a request to annex and prezone 13.6 acres (DeVaul Ranch South)
for residential development; and environmental review.
RECOMMENDATION
Recommend that the City Council:
A. Introduce an ordinance prezoning the 13.6 acre site C/OS (Conservation/Open Space) as
interim zoning and adopting the Mitigated Negative Declaration.
B. Adopt a resolution recommending that the Local Agency Formation Commission approve
the annexation of 13.6 acres on the southwest side of Los Osos Valley Road.
BACKGROUND
Situation
The San Luis Obispo Local Agency Formation Commission (LAFCo) authorizes annexations.
City and LAFCo policies require that the Planning Commission and City Council provide
LAFCo with a recommendation on the proposed annexation and determine the appropriate
zoning(referred to as"prezoning")for the site to be annexed.
Proiect History/Status
The 222-acre DeVaul Ranch site was annexed to the City of San Luis Obispo in December, 1998.
Not included in this annexation was the 13.6 acre parcel (owned by another DeVaul family
member)located on Los Osos Valley Road between the Froom Ranch and DeVaul Ranch site (see
Attachment 1,Vicinity Map). The property owner,Margaret DeVaul Trust,has now authorized the
submittal of applications by Jet-Ski Land Development for annexation and development of the
property.
In order to create a logical City limit line,this 13.6 acre parcel should be considered for annexation
by LAFCo with the Froom Ranch annexation recently before the Commission(see Attachment 2,
Annexation Map). To accomplish this, staff recommends(and the applicant does not object)that
the site be prezoned C/OS(see Attachment 3,Prezoning Map). The C/OS zoning district will bean
interim zoning designation(see Attachment 4, C/OS Zoning District regulations)for the property
until residential development plans (tentative map, architectural review, rezoning) and
environmental review are processed in the City.
2-13
thT A<-- t1E*Jr e
ANNX/R/ER 87-00,DeVaul Ranch South Annexation
Page 2
Data Summary
Address: 11955 Los Osos Valley Road
Applicant: Jet-Ski Land Development
Environmental status: A Negative Declaration is proposed for the annexation prezoning to
C/OS.
Project action deadline: Legislative actions are not subject to processing deadlines.
Site Description
The project site is located on the south westerly side of Los Osos Valley Road, westerly of US
Highway 101 and south easterly of Madonna Road. The site is bordered by Los Osos Valley
Road to the general northeast and the Irish Hills to the southwest. The site is relatively flat and is
covered by grassland and pasture lands.
Project Description
The applicant proposes to annex and prezone 13.6-acres (DeVaul Ranch South) for residential
development Following annexation, City staff will process the applicant's requests for a
residential subdivision, rezonings for residential development and architectural review.
Additional environmental review will be required for these development requests.
EVALUATION
Annexation
The City's General Plan designates this site for Medium Density Residential. The following
General Plan policies apply to the annexation request:
LU 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.
The annexation and prezoning to Conservation Open Space (C/OS) complies with this policy.
Ultimately this site is envisioned by both the City and County land use plans to be annexed to the
City and developed with residential uses.
LU 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 LU
2-14
A'iT�tC.1-I. �v
ANNX/R/ER 87-00,DeVaul Ranch South Annexation
Page 3
policy 1.13.5.
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.
Because submitted development plans have yet to be processed by the City, staff recommends
that the annexation area be prezoned C/OS as an interim open space zone and later rezoned to
residential zones with approval of development plans.
LU 1.13.5: 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 LU
Policy 6.1.1. 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.
To comply with this requirement, the property owner has secured 14 acres of open space from
the neighboring DeVaul Ranch property for dedication to the City (see Attachment 5, Open
Space Agreement). This allocation of 14 acres was envisioned when the DeVaul Ranch North
applicants offered to dedicate 184 acres of open space to the City.
LU 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 are listed below. For each of these areas, land
above the development limit line should be secured as permanent open space.
IV 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).
The annexation area does not extend beyond the 150-foot elevation line and appropriate open
space protection above that line has been provided. Therefore the annexation is consistent with
this General Plan policy.
LU 8.10.1: Medium Density Residential Development
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 LU Policy 1.13.3) are
2-15
ANNX/R/ER 87-00,DeVaul Ranch South Annexation
Page 4
required and should include the following:
A) Street intersections consistent with the Circulation Element and no driveway access, to
minimize disruption to 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) 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.
Prezoning the site C/OS will provide an interim zoning until development plans are reviewed in
accordance with these General Plan policies. The permanent open space protection of 14 acres
will be secured prior to annexation approvals.
The Land Use Element also identifies the site. as within the City's Urban Reserve Line and
located within one of the City's principal expansion areas. Annexation of this property would
result in a logical extension of the present City limits boundary consistent with applicable
policies of the General Plan. For the reasons listed above, the proposed annexation can be found
consistent with the goals and policies of the City's General Plan and therefore, staff recommends
approval of the proposed annexation.
Prezoning
The following General Plan policies apply to the prezoning request:
L U 810:.Irish HiMs 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.
Part of the annexation process involves specifying an appropriate City zoning designation for the
site upon annexation. The City's General Plan Land Use Element applies a designation of
"Medium Density Residential" to the site. Because development plans have been submitted, yet
not processed, staff recommends that the site be zoned C/OS as an interim open space zone until
such time as residential development plans are reviewed and processed.
Environmental Review
The environmental initial study (Attachment 6) prepared for the project concludes that the
proposed annexation and prezoning to C/OS will not result in any significant adverse impacts on
the environment. Preliminary review of the development potential of this site indicates that such
development could be accommodated by City services. The annexation itself has no
environmental issues. Future development plans will trigger additional environmental analysis.
2-16
ANNX/R/ER 87-00,DeVaul Ranch South Annexation
Page 5
OTHER DEPARTMENT COMMENTS
Other departments had no comments on the proposed annexation and prezoning.
ALTERNATIVES
1. The Commission may recommend that the Council deny the project. Action denying the
application should include the findings for denial.
2. The Commission may continue review of the project. Direction should be given to the
applicant and/or staff regarding desired information.
RECOMMENDATION
Forward a recommendation to the City Council as outlined at the beginning of this report based
on the following findings:
Fps
1. The project's initial study (ER 87-00) adequately evaluates the potential adverse impacts to
the environment resulting from the annexation and prezoning to C/OS.
2. The annexation is appropriate since the site is contiguous to the City on its north side.
3. The annexation of the site is a logical addition to the City due to its location in relation to
existing urban development.
4. As indicated in the above analysis, the annexation is consistent with the goals and policies of
the City's General Plan.
5. Prezoning the site Conservation/Open Space (C/OS) is an appropriate interim zoning until
such time is residential development plans are reviewed and processed.
Attached:
1. Vicinity map
2. Annexation map
3. Prezoning map
4. C/OS Zoning District Regulations
5. Open Space Agreement
6. Environmental Initial Study
2-17
AMACH • Co
II
City Of SAn luis OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
ER 87-00
1 . Project Title: DeVaul Ranch South Annexation and Prezone (ANNX/R 87-00)
2. Lead Agency Name and Address: City of San Luis Obispo
3. Contact Person and, Phone Number: Associate Planner Peggy Mandeville,
781-7175
4. Project Location: 11955 Los Osos Valley Road
5. Project Sponsor's Name and Address: Jet-Ski Land Development #3, LLC,
484 Mobil Ave., Ste. 19, Camarillo, CA 93010
6. General Plan Designation: Medium Density Residential and within the urban
reserve line.
7. Current County Zoning: Residential Multi-Family
8. Description of the Project: The applicant is requesting prezoning and
annexation of a 13.6-acre parcel lying within the City's Urban Reserve Line.
The area to be annexed contains vacant land designated for future residential
development consistent with the City's General Plana This initial study
addresses the annexation and prezoning of this property to Interim Open
Space. Subsequent environmental analysis will be required to address the
rezoning, subdivision and proposed development plans for the property.
9. Entitlements Requested: Annexation and Prezoning. No development is
proposed at this time.
10. Surrounding Land Uses: Just outside the proposed annexation area to the
south is the Froom Ranch ranchland, farmhouse and outbuildings. To the
immediate west is agricultural land, used for grazing. Running roughly
parallel with Los Osos Valley Road are the Irish Hills, which provide a visual
backdrop to the site. To the north of the project site is the DeVaul Ranch
North property, which is currently farmed/grazed but approved for residential
development. Across Los Osos Valley Road are houses and a school.
�� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 18
Telecommunications Device for the Deaf(805)781-7410.
AtACAI (o
11.. Other .public agencies whose approval is required (e:g. permits; financing
approval, or participation agreement):
Local Agency Formation Commission
Airport Land Use Commission
2 2.49
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.
Land Use and Planning Biological Resources Aesthetics
Population and Housing Energy and Mineral Cultural Resources
Resources
Geological Problems Hazards Recreation
Water Noise Mandatory Findings
of Significance
Air Quality Public Services
^C
s.«4
Transportation and Utilities and Service -
Circulation Systems
There is no evidence before the Department that the project will have any potential adverse effects
on fish and wildlife resources orthe habitat upon which the wildlife depends. As such, the project
qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees.
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.
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, ther
will not be a significant effect in this case because the mitigation measures described on a
attached sheets have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I find that the proposed project May have a significant effect on the environment, and a
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at leas
one effect (1) has been adequately analyzed in an earlier document pursuant to applicable lega
standards, and (2) has been addressed by mitigation measures based on the earlier analysis a
described on attached sheets, if the effect is a "Potentially Significant Impact" or is "Potentiallyi
Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
2 2-20
A'1iLtC.I•t• �
analyze only the effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment, ther
WILL NOT be a significant effect in this case because all potentially significant effects (1) have
been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided o
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are impose
upon the proposed project.
/" ", / June 1, 2000
g4haturb Date
Ronald Whisenand, Development Review Manager Arnold Jonas, Community Development Dir.
Printed Name For
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.
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). 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. A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
3 2-21
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Issues and Supporting Informal._.. . ources Sources Potent., Potentially Less Than No
Significant Significant Significant Impact
Unl
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11955 Los Osos Valley Road Incorporated
1. LAND USE AND PLANNING - Would the proposal:
a) Conflict with general plan designation or zoning? 1,2,3 x
4
b) Conflict with applicable environmental plans or policies 6, x
adopted by agencies with jurisdiction over the project? 10
c) Be incompatible with existing land use in the vicinity? 1,2 x
d) Affect agricultural resources or operations (e.g. impac 1,7 x
to soils or farmlands, or impacts from incompatible lanc 11
uses? 12
e) Disrupt or divide the physical arrangement of ar x
established community (including a low-income o
minority community)?
Pre-Zoning
The City's General Plan applies a designation of Medium Density Residential to this site. To allow for the
orderly annexation of this property with the adjoining Froom Ranch parcel, the site is proposed to b
prezoned Interim Open Space (C/OS). After annexation, the applicantwill request approval of development
plans for the property which will include the need for another rezoning to allow for residential developmen
at this location. Subsequent environmental review will be required to address any future rezoning,
subdivision or development proposals on the property once it is annexed to the City.
CONCLUSION: Not significant. Consistency with general plan polices and zoning regulations can b
achieved by prezoning the subject property Interim Open Space (C/OS).
Agricultural Compatibility
The project site has historically been used for cattle grazing and crop production. The project will ultimate)
remove 13.6 acres of the DeVaul Ranch South out of this historic agricultural use. According to the
U.S.D.A. Soil Conservation Service maps, the two dominate soil types of the site (Cropley clay 127, and
Salinas silty clay loam, 197). The soil is suited to vegetable crops, dryland farming and pasture, however,
crop production may be greatly reduced during the winter unless surface and subsurface drainage system
are installed. For agricultural production, the soils within the subject property have crop productio
capability classifications of Class I and Class II soils when irrigated and Class III when not irrigated. Class I
and II soils are the equivalent to prime soil beneficial for use in agriculture practices.
Normally, the conversion of prime agricultural land is considered a significant impact. These impacts were
previously evaluated and mitigated as part of the City's LUE EIR, 1994. More specifically, adoption of the
City's LUE EIR included a statement of overriding consideration for conversion of prime agricultural land t
urban uses (Resolution 8332).
CONCLUSION: Not significant due to previous evaluation and Council action.
Airport Comoatibilitv
The site is included within the boundaries of the County's Airport Land Use Plan and is more specifically
located in Land Use Area 6. Open space uses and residential development are considered "compatible uses
within this planning area.
CONCLUSION: Not significant. Annexation will not impact airport operations. Approved and future use o
4 2-22
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Significant Significant Significant Impact
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mitigation
11955 Los Osos Valley Road Incorporated
the site is considered compatible with airport operations. Future development may require the dedication o
an avigation easement in accordance with the Airport Land Use Plan policies and procedures.
Land Use Element Policies
This site is envisioned by both the City and County land use plans to be annexed to the City. The property i
located within the City's adopted Sphere of Service, Sphere of Influence, and Urban Reserve Line.
Governing Policies:
• 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;
D. Below elevations reliably served by gravity-flow or pumps in the City sewer system.
CONCLUSION: Not Significant. Annexation into the City will ensure compliance with this policy. In
addition, the property is located inside the City's urban reserve line. See also the water supply discussion
under Utilities and Service Systems.
• 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 reservdine
which are to be developed with urban uses should be annexed before urban development occurs. Th
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 wil
reflect topography, needed capital facilities and funding, open space objectives, and existing an
proposed land uses and roads.
Annexation of this site is consistent with this policy. Topography poses no issue since the site is essential)
flat.
CONCLUSION: Not significant. Urban development and annexation of this site are envisioned in both Cit
and County land use plans.
♦ 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 o
public facilities for the area. The plan shall provide for open space protection consistent with policy
1.13.5.
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.
CONCLUSION: Not significant. The applicant's request is for annexation and prezoning of Interim Open
Space (C/OS). It is being annexed at this time to facilitate a logical extension of the city limits boundary
between the DeVaul Ranch North and the Froom Ranch properties. After annexation, the applicant will
request approval of development plans for the property which will include the need for another rezoning t
6 2-23
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11955 Los Osos Valley Road Incorporated
allow for residential development at this location. Subsequent environmental review will be required t
address any future rezoning, subdivision or development proposals on the property once it is annexed to th
City.
♦ 1.13.4 Development and Services Actual development in an annexed area may be approved only whe
adequate City services can be provided for that development, without reducing the level of services o
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 b
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.
No development is proposed as part of this annexation and prezoning to C/OS. As a condition of an
development proposal, the applicant will have to develop a water allocation before connecting to Cit
services. Currently, this requires that the applicant retrofit existing plumbing fixtures throughout the City t
save twice the amount of water that site development is anticipated to use.
CONCLUSION: Not significant. Connection to City water with future site development under the jurisdiction
of the City will be subject to the City's water allocation regulations.
♦ 1.13.5 Open Space
♦ Each annexation shall help secure permanent protection for areas designated Open Space, and for th
habitat types and wildlife corridors within the annexation area that are identified in policy 6.1.1. Policies
concerning prime agricultural land shall apply when appropriate. The following standards shall apply t
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.
CONCLUSION: Not significant. The applicant intends to annex 13.6 acres of developable property and
dedicate an additional 13.6 acres of the Irish Hills to the City of San Luis Obispo as part of the 187 acre
DeVaul Ranch North open space dedication.
♦ 1.14 Costs of Growth
The costs of public facilities and services needed for new development shall be borne by the new
development, unless the community chooses to help pay the costs for a certain development to obtain
community-wide benefits. The City will 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.
CONCLUSION: Not significant. Project specific infrastructure needs will be addressed through conditions o
future site development.
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ment Annexation Issues Unless Impact
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♦ 1.15 Solid Waste Capacity
In addition to other requirements for adequate resources and services prior to development, the Cit
must determine that adequate solid waste disposal capacity will be available before granting an
discretionary land use approval which would increase solid waste generation.
CONCLUSION: Not significant. No development is proposed as part of this annexation. After annexation,
the applicant will request approval of development plans for the property which will include the need fo
another rezoning to allow for residential development at this location. Subsequent environmental review will
be required to address any future rezoning, subdivision or development proposals on the propertyonce it is
annexed to the City.
2. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local populatior 1 x
projections?
b) Induce substantial growth in an area either directly o x
indirectly (e.g. through projects in an undeveloped are;
or major infrastructure?
c) Displace existing housing, especially affordable x
housing?
The Land Use Element (LUE) growth management provisions (section 1.0 of the LUE) call for limitations o
the number of residences that may be built every year, to maintain an average growth rate of one percen
per year during the 1990s.
CONCLUSION: Not significant. Annexation by itself will not impact population. The residential development
anticipated at this location will provide for needed housing in the City and help mitigate the curren
jobs/housing imbalance.
3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving:
a) Fault rupture? 11 x
b) Seismic ground shaking? 1, 11 x
c) Seismic ground failure, including liquefaction? 1, 11 x
d) Seiche, tsunami, or volcanic hazard? x
e) Landslides or mudflows? 1, 1 1 x
f) Erosion, changes in topography or unstable soil 1, 11 x
conditions from excavation, grading, or fill?
g) Subsidence of the land? 11 x
h) Expansive soils? 11 x
i) Unique geologic or physical features? 11 x
An EIR prepared for the DeVaul Ranch development notes that the project is located within, or in close
proximity to the Los Osos fault zone. The potential for fault rupture and general geologic hazards were
investigated. Risk of fault rupture, slope instability, earthquake shaking, liquefaction, and subsidence were
found to be insignificant. Construction in accordance with local building codes will mitigate any impacts t
a level of insignificance.
CONCLUSION: Less than significant. No development is proposed as part of this annexation. Any plans for
development will require additional environmental review. Pursuant to State law and the Draft Safety
Element, development will be required to be located away from any active faults. Prior to the issuance of a
building permit, the applicant will be required to submit site specific testing and construction techniques tha
ensure compliance with applicable building codes.
4. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the 1 x
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rate and amount of surface runoff?
b) Exposure of people or property to water related hazards x
such as flooding?
c) Discharge into surface waters or other alteration of x
surface water quality (e.g. temperature, dissolved
oxygen or turbidity?
d) Changes in the amount of surface water in any water x
body?
e) Changes in currents, or the course or direction of water x
movements?
f) Change in the quantity of ground waters, either througl x
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations or through
substantial loss of groundwater recharge capability?
g) Altered direction or rate of flow of groundwater? x
h) Impacts to groundwater quality? x
i) Substantial reduction in the amount of groundwater x
otherwise available for public water supplies?
Annexation itself will not cause any impacts to water or drainage. Any future development will increase
runoff from the site as a result of site improvements. The applicant will be required to mitigate these
impacts through the use of a drainage detention basin.
CONCLUSION: Not significant. Annexation itself has no impacts. Any future development improvements to
the site will include the development of a drainage detention basin in order to ensure no increase i
discharge of surface water from the site from present conditions.
5. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an 7, 11 x
existing or projected air quality violation (Compliance
with APCD Environmental Guidelines)?
b) Expose sensitive receptors to pollutants x
c) Alter air movement, moisture, or temperature, or cause x
any change in climate?
d) Create objectionable odors? x
Annexation itself will not cause any air quality impacts. The potential impacts of future development will b
addressed once plans for residential development come forward.
Short-term Impacts
During project construction of future development, there will be increased levels of fugitive dust associate
with construction and grading activities, as well as construction emissions associated with heavy-duty
construction equipment. Compliance with the dust management practices contained in Municipal Cod
Section 15.04.040 X. (Sec. 3307.2) will adequately mitigate short-term impacts. No further mitigation is
necessary.
Long-Term Impacts
San Luis Obispo County is a non-attainment area for the State ozone and PM10 (fine particulate matter 1
microns or less in diameter) air quality standards. State law requires that emissions of non-attainmen
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pollutants and their precursors be reduced by at least 5% per year until the standards are attained. Th
1995 Clean Air Plan (CAP) for San Luis Obispo County was developed and adopted by the Air Pollution
Control District (APCD) to meet that requirement. The CAP is a comprehensive planning document designed
to reduce emissions from traditional industrial and commercial sources, as well as from motor vehicle use.
Land Use Element Policy 1.18.2 states that the City will help the APCD implement the Clean Air Plan.
Motor vehicles account for about 40% of the precursor emissions responsible for ozone formation, and are
also a significant source of PM70. Thus, a major requirement in the CAP is the implementation of
transportation control measures designed to reduce motor vehicle tripsand miles traveled by local residents.
The APCD recommends that site development include mitigation measures to encourage transportatio
alternatives to the single occupant vehicle and make the project attractive to bicyclists and pedestrians.
CONCLUSION: Not significant. Annexation itself will not cause any air quality impacts. The potential impacts of future
development will be addressed once plans for residential development come forward. Standard mitigation is
recommended to reduce impacts resulting from construction activity and future site development.
6. TRANSPORTATION/CIRCULATION. Would the proposal result in:
a) Increased vehicle trips or traffic congestion? 10, x
11,
12
b) Hazards to safety from design features (e.g. sharp x
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment))?
c) Inadequate emergency access or access to nearby x
uses?
d) Insufficient parking capacity on-site or off-site? x
e) Hazards or barriers for pedestrians or bicyclists? x
f) Conflicts with adopted policies supporting alternative x
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts (e.g. compatibility x
with San Luis Obispo Co.
The annexation of vacant land and prezoning to C/OS will not create any traffic impacts. The potentia
impacts of future development will be reviewed and addressed in more detail once specific plans fo
residential development come forward.
The granting of an avigation easement will be required as a condition of any development approvals for th
site. On-site parking is subject to zoning regulation standards and will be addressed as part of the
architectural review.
CONCLUSION: Not significant. Future site development shall be subject to further analysisas part of the
development review process to ensure compliance with City standards and thepayment of City traffic
impact fees which were established (Resolution No. 8406) to mitigate the impacts of new development o
the City's streets, transit, and bikeway facilities.
7. BIOLOGICAL RESOURCES. Would the proposal affect:
a) Endangered, threatened or rare species or their habitats 7, 11 x
(including but not limited to plants, fish, insects, 10
animals or birds)?
b) Locally designated species (e.g. heritage trees)? 7,11 x
c) Locally designated natural communities (e.g. oak forest 1,7, x
coastal habitat, etc.)? 11
d) Wetland habitat (e.g. marsh, riparian and vernal pool? 1,7, x
11
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e) Wildlife dispersal or migration corridors? 1,7, x
11
Annexation itself will not have an impact on biological resources. The EIR prepared for the DeVaul Ranch
North property identified the existence of the Congdon's tarplant on site. The potential impacts of future
development (including the presence of the Congdon's tarplant) will be addressed once plans for residentia
development come forward.
CONCLUSION: Not significant. Annexation and prezoning to C/OS will not result in any biological impacts.
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
a) Conflict with adopted energy conservation plans? 1 x
b) Use non-renewable resources in a wasteful and 1 x
inefficient manner?
c) Result in the loss of availability of a known mineral x
resource that would be of future value to the region
and the residents of the State?
The Energy Element states that, "New development will be encouraged to minimize the use of conventiona
energy for space heating and cooling, water heating, and illumination by means of proper design an
orientation, including the provision and protection of solar exposure." The City implements energ
conservation goals through enforcement of the California Energy Code which establishes energ
conservation standards for residential and nonresidential construction. Any future development will b
required to meet these standards. The City also implements energy conservation goals through architectures
review. Project designers are asked to show how a project makes maximum use of passive means of
reducing conventional energy demand, as opposed to designing a particular image and relying on mechanica
systems to maintain comfort.
CONCLUSION: Not significant. Annexation itself will not have an impact on energy or mineral resources.
Future site development shall be subject to further analysisas part of the development review process to
ensure compliance with City standards.
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous 3,4, x
substances (including, but not limited to: oil, pesticides, 14
chemicals or radiation)?
b) Possible interference with an emergency response plan x
or emergency evacuation plan?
c) The creation of any health hazard or potential health x
hazard? 14
d) Exposure of people to existing sources of potential x
health hazards? 14
e) Increased fire hazard in areas with flammable brush, x
grass or trees?
Annexation is not anticipated to result in the creation or exposure of people to any known health hazards.
CONCLUSION: Less than significant
10. NOISE. Would the proposal result in:
a) Increase in existing noise levels? 1 x
b) Exposure of people to "unacceptable" noise levels as 1 x
defined by the San Luis Obispo General Plan Noise 10
Element?
residential
xation by itself has no noise impacts. There are noise sensitive uses in the area, which include the
Annexation
neighborhoods on the northeast side of Los Osos Valley Road as well as the newly approved an
ng residential developments on the DeVaul Ranch North property. Impacts to these neighborhoods wil
10 2-28
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be predominantly from increased traffic traveling on Los Osos Valley Road as well as stationary noise with
commercial activities to the south of the property.
Mitigation that was required as part of the Madonna/Eagle Hardware development included a noisewall to
be constructed along some properties along Garcia Drive. This mitigation is occurring as part of the CountV
review of the building permit for the Home Depot store. The residential development of the DeVaul Ranch
has similar mitigation that applied to it that will involve the installation of a noise wall along Los Osos Valle
Road to mitigate traffic noise impacts.
Future development will require further noise analysis and mitigation in order to comply with the City's Noise
Standards contained in the General Plan.
CONCLUSION: Less than significant.
11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? x
b) Police protection? x
c) Schools? x
d) Maintenance of public facilities, including roads? x
e) Other governmental services? x
CONCLUSION: Less than significant. Annexation will not have any impact on public services. Future site
development shall be subject to further analysis as part of the development review process to ensure
compliance with City standards.
12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas? x
b) Communications systems? x
c) Local or regional water treatment or distribution x
facilities?
d) Sewer or septic tanks? x
e) Storm water drainage? x
f) Solid waste disposal? 6 x
g) Local or regional water supplies? 1 x
In order to implement the goals and objectives of the San Luis Obispo General Plan, and to provide adequate
water supply and treatment facilities, and wastewater collection and treatment facilities, to serve new
development in the City of San Luis Obispo and to mitigate the impacts of that new development, certain
public facilities and improvements must be constructed. The City Council has determined that connection
fees are needed in order to finance these facilities and improvements and to pay for new development's fair
share of the construction costs of these facilities and improvements. Site development will be subject to
payment of water and wastewater impact fees and construction of infrastructure necessary to deliver
services to the project site.
Water Supply — The Utilities Department has reviewed this annexation application and determined that it is
consistent with the Water Management Element and that there is sufficient water available to serve site
development.
The City of San Luis Obispo obtains its water from a combination of surface and groundwater sources.
Adopted safe annual yield from these sources is 7,735 acre-feet per year. The City is pursuing the
development of additional water supplies, including the Nacimiento Pipeline Project, the Salinas Reservoi
Expansion Project, and the Water Reuse ProJect. Reuse of treated wastewater for non-potable needs, suc
11 2-29
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as landscape watering, will reduce demand on potable water supplies. This is likely to be the first additiona
source developed and is projected to yield roughly 1200 acre-feet per year. Half that amount would be hel
in reserve. The other half would be used in place of potable water, thereby increasing the amount of potabl
water available for allocation by roughly 600 acre feet per year.
Planning for future water use in the City is based on an average consumption of 145 gallons per day pe
person or 0.162 acre-feet per person per year, which is somewhat higher than actual consumption during
and since the most recent drought. Based on this water use rate and current city population, presen
demand is about 6,962 acre-feet per year. This number is recalculated annually using updated populatio
estimates from the California Department of Finance. The difference between safe annual yield and presen
demand is 773 acre-feet per year, which is available to serve new development. Half this amount (386 acre-
feet) is available for development in annexation areas.
Until retrofit of the entire City is essentially complete, all developers are subject to the City's Water
Allocation regulations and must retrofit existing facilities with low-flow plumbing fixtures in order to offset
twice the expected demand of their development prior to issuance of a building permit. The Utilities
Department staff estimates that remaining opportunities for retrofitting could reduce current water use b
500 acre-feet per year.
Upon annexation, the applicant may request City services, which will trigger the establishment of a water
allocation. The applicant could continue to use well water for landscape irrigation to reduce demand for Cit
water.
CONCLUSION: Less than significant. Compliance with Water Allocation regulations will ensure water
supply availability.
Water Distribution — The applicant will have to extend the water main in Los Osos Valley Road in order to
hook up to City water. This will be a condition of any future site development.
Sewer — The applicant will have to extend the sewer main in Los Osos Valley Road in order to connect City
sewer service as a condition of any site development.
Stone Water- Discussed under Section 4, Water above.
Solid Waste- Solid waste from this site is delivered to Cold Canyon landfill, which has a capacity to accept
solid waste for approximately 18.5 years, based on the current rate of disposal and ongoing trends showing
a reduction in per capita waste generation. Measures to reduce solid waste are still needed to improv
compliance with the Integrated Waste Management Act of 1989.
Background research for the Integrated Waste Management Act of 1989 (AB939) shows that Californian
dispose of roughly 2,500 pounds of waste per person per year. Over 90% of this waste goes to landfills,
posing a threat to groundwater, air quality, and public health. Cold Canyon landfill is projected to reach it
capacity in the year 2018. The act requires each city and county in California to reduce the flow o
materials to landfills by 50% (from 1989 levels) by 2000. As of 1998 (the date for which latest figures are
available), San Luis Obispo had reduced its waste stream by 34%.
CONCLUSION: Less than significant. Annexation of vacant land will not have a significant impact on the
solid waste generated at the site. Future development will be required to comply with the City's waste
reduction standards contained in the General Plan.
13. AESTHETICS. Would the proposal:
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a) Affect a scenic vista or scenic highway? x
b) Have a demonstrable negative aesthetic effect? x
c) Create light or glare? x
This section of Los Osos Valley Road is identified in the City's Circulation Element as a "road with moderate
scenic value'. Annexation by itself will have no aesthetic impacts. Further development of the site to b
annexed will be subject to architectural review and approval to ensure against negative aesthetic impacts
compliance with the City's Scenic Roadways section of the Circulation Element, and compliance with Cit
lighting standards.
CONCLUSION: Less than significant. Any future development will be subject to the architectural review
process to ensure against negative aesthetic impacts and compliance with City development standard
including the Scenic Highways section of the Circulation Element.
14. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? x
b) Disturb archaeological resources? 13 x
15
c) Affect historical resources? x
d) Have the potential to cause a physical change which x
would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses within the x
potential impact area?
In the 1990's cultural and historic surveys were performed on the Froom and DeVaul Ranch properties.
These surveys failed to find any pre-historic resources. Several historic buildings were identified on the
adjoining properties that are associated with early and on-going agricultural operations on the Froom an
DeVaul Ranches. Any future development of this site will occur well away from these historic resources an
is determined to be not significant.
CONCLUSION: Not significant.
15. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks x
or other recreational facilities?
b) Affect existing recreational opportunities? x
Annexation and prezoning will have no impact on recreational facilities or opportunities.
CONCLUSION: Not significant.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the x
quality 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 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 or
prehistory?
Based on information in the application, existing environmental studies in the vicinity of the project area,
field inspection, and a review of relevant references in the Department, staff has determined that there is n
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 that were not previously addressed and mitigated.
13 2-31
AtrA
Uri . co
Issues and Supporting Informat,_.. . ources sources Potent. Potentially Less Than No
Significant Significant Significant Impact
ER 87-00;Jet-Ski Development Annexation Issues U
less
Impact
B
11955 Los Osos Valley Road Incorporated
CONCLUSION: Not significant.
b) Does the project have the potential to achieve short- x
term, to the disadvantage of long-term, environmental
goals?
Short-term and long-term goals are the same.
CONCLUSION: Not significant.
c) Does the project have impacts that are individually x
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of the past projects, the effects of
other current projects, and the effects of probable
future projects)
The annexation itself will not result in any potentially significant impacts to the environment. Future site
development shall be subject to further analysis as part of the development review process toensure
compliance with City standards.
CONCLUSION: Less than significant.
d) Does the project have environmental effects which will x
cause substantial adverse effects on human beings,
either directly or indirectly?
Annexation will not result in substantial adverse impacts on humans.
CONCLUSION: Not significant.
14 2-32
- AmActt
17. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one c
more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (�
(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.
• Final EIR for the 1994 Land Use and Circulation Element Updates, City of San Luis Obispo. Available at
the Community Development Department, City of San Luis Obispo.
• Final Supplemental EIR for the Madonna/Eagle Hardware & Garden, Certified by the County Board of
Supervisors on November 8, 1999. Available at the Community Development Department, City of San
Luis Obispo.
• Final EIR for the DeVaul Ranch North development certified by the San Luis Obispo City Council on
December 15, 1998.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scop
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and stat
whether such effects were addressed by mitigation measures based on the earlier analysis.
NA
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 t
which they address site-specific conditions of the project.
NA
18. SOURCE REFERENCES
1. City of San Luis Obispo General Plan: Land Use, Circulation, Noise, Energy, Open Space, Seismic
Safety, Water and Wastewater Management Elements
2. City of San Luis Obispo Zoning Regulations
3. County of San Luis Obispo, San Luis Obispo Area Plan, January 1997
4. City of San Luis Obispo Source Reduction and Recycling Element
5. 1995 Clean Air Plan (CAP) for San Luis Obispo County
6. SLO County Airport Land Use Plan
7. City of San Luis Obispo Informational Map Atlas
8. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist-
Priolo Earthquake Fault Zoning Act, effective January 1, 1990
9.
10. Final EIR for the DeVaul Ranch North development certified by the San Luis Obispo City Council on
December 15, 1998.
11. Final Supplemental EIR for the Madonna/Eagle Hardware & Garden, Certified by the County Board
of Supervisors on December 15, 1998
12. Resolution No. 8332 approving the City's 1994 LUE Update and EIR supplement
13.
14.
15.
ATTACHMENTS:
Vicinity Map
Annexation Map
2-33
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1/12
DEVAUL RANCH, LLC
1880 SANTA BARBARA STRE>'. SUTi'E F
SAN Luis Moo, CALIFORNIA 93401
T ELEPHoNE: (805) 544-3557
March 25, 1999
Ms. Margaret R DeVaul
618 Serrano Drive
San Luis Obispo, California 93405
Re: mop=of DeVaul Ranch and Linton West San IA&ObiW California
Dear Ms.DeVauL
This letter sets forth the basic terms and conditions that have been agreed upon between
DeVaul Ranch,ILC,a California limited liability company(the"Company"� and you, as Trustee of
The Margaret Rozella DeVaul Trust u/d/t dated June 22, 1990, The Thomas Albert DeVaul and
Margaret Roma DeVaul 1979 Truns/Exemption Trust A u/dh dated November 9, 1979,and The
Thomas Albert DeVaul and Margaret Rozella DeVaul 1979 TrustsWarital Trust u/d/t dated
November 9, 1979(collectively,the"Trusts"), for(i)the transfer by the Company to the Trusts of
a credit for certain open space to be granted by the Company to the City of San Luis Obispo("City")
in connection with the development of the real property known as the DeVaul Ranch more
particularly described in Exhibit A attached hereto("`DeVaul Ranch"), (m)the transfer by the Trusts
to the appropriate governmental agency of a portion of the real property known as Laguna West
more particularly described in F)dubit B attached hereto (`Y,agcma West") for the purpose of
providing a transition for Los Osos Valley Road from 5 lanes to 2 lanes("Transition',and(in7 the
grant to the Company of an easement over a portion of Laguna West for the construction of an open
swell drainage channel("Drainage Channel").
The parties acknowledge and understand that this agreement is in reference to the following
facts:n the Company currently does not own the DeVaul Ranch, (u)the Company has entered into
a contract("DeVaul Ranch Purchase Contract")and is in escrow to purchase the DeVaul Ranch,(&)
the Company intends to develop the DeVaul Ranch into a combination of single and multi-family
residential units("Project"), (iv)the Company's purchase of the DeVaul Ranch under the DeVaul
Ranch Purchase Contract is conditioned upon the satisfaction and completion of certain conditions,
2-34
VO,LU,UV GL.VU "Ouo 07J 4140 1. LJ1L . `CJ -•
Ms.Margaret DeVaul -2- March 25, 1999
including,without limitation,obrauung as governmental approvals for the development of the Project,
(v) as conditions to the issuance of its approval for the development of the Project, the City has
requested the Company to obtain the Trusts' agreement to dedicate the portion of Laguna West
described in Exhibit C attached hereto("Roadway Area")to the appropriate governmental agency
to provide for the Transition and grant to the Company an easement over and across the portion of
Laguna West desasbed in Exlubit D attached hereto ("Drainage Area') for the purpose of
constructing the Drainage Charmel, (vi) the Company has agreed to dedicate to the City a certain
portion of the DeVaul Ranch as open space(`Open Space")in consideration for the issuance of the
approvals required for the development of the Project;(vh)the Open Space is in excess of the City's
requirements for the development of the DeVaul Ranch; (viii) the City has agreed to permit the
transfer by the Company of the Open Space Credits to other owners of properties in the area in
connection with their development of said properties("Open Space Credits"),upon such terms and
conditions as may be determined by the Company;(m)Laguna West does not have any open space
that would be available for dedication to the City in.connection with the development ofLaguoa
West;(x)Laguna West would be requited to obtain and dedicate to the City wits for open space
equivalent to 14 acres(which represent the total acreage comprising Laguna West)in order to obtain
the approvals required for the development of Laguna West
In view of the foregoing,the parties hereby agree as follows:
1. The Company agrees to transfer to the Trusts or the then successor owner of Laguna
West ClAguna West Successor Owner') 14 acres of the Open Space Credits(`Laguna West Open
Space Credits')immediately following the closing(`DeVaul Ranch Closing")of the purchase of the
DeVaul Ranch under the DeVaul Ranch Purchase Contract, upon the terns and subject to the
conditions set forth in this letter agreement
2. The Trusts agree, for themselves and the then Laguna West Successor Owner, to
convey to the appropriate governmental agency fee simple We to the Roadway Area eonaureatly
with the DeVaul Ranch Closing,upon the terms and subject to the conditions set forth in this letter
agreement-
3. The Trusts agree, for themselves and the then Laguna West Successor Owner, to
convey an easement to the Company over and across the Drainage Area for the construction of the
Drainage Channel concurrently with the DeVaul Ranch Closing, upon the tams and subject to the
conditions set forth in this letter agreement.
4. The Company, at the Company's expense, shall pave and stripe all lanes in the
Roadway Area("Roadway Improvements")and construct the Drainage Channel in the Drainage Area
to the extesrt required by the City for the approval of the Project,provided,however,in the event that
the Company has not commenced the construction of the Roadway Improvements or the Drainage
Charnel at the time the final map for the development of Laguna West is recorded, the Company's
obligation to construct the Roadway Improvements and the Drainage Channel shall terminate,and
2-35
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ATTACHMENT b
Ms.Margaret DeVaul -3 - March 25, 1999
the Trusts or the then Laguna West Successor Owner, at the Trusts' or the then Laguna West
Successor Owner's expense,shall construct any and all improvements required by the City and/or any
other appropriate governmental authority in connection with the development of Laguna West,
including, without limitation, all roadway improvements in the Roadway Area and all drainage
facilities and improvements in the Drainage Area.
S. The parties' respective rights and obligations under this letter agreement are
conditioned upon the occurrence of the DeVaul Ranch Closing. In the event that the DeVaul Ranch
Purchase Contract tuminates for any reason prior to the DeVaul Ranch Closing,this letter agreement
and the parties' respective rights and obligations hereunder shall terminate and shall be of no force
or effect.
6. Each party("Indenn i ging Party-)shall defend,imde r*and bold harmless the other
party("Indemnified Party")from and against any and all demands, claims, actions, causes of action,
damages, judgments, awards, fines, penalties, losses, liabilities, obligations, costs and expenses,
including without limitation,attorneys'fees arising out of any breach, default or fat ure to perform
the lndernnif3ring Party's obligations under this letter agreement
7. This l agreement shall run with the ownership of the DeVaul Ranch and Laguna
West,and shall be binding upon and inure to the benefit of the parties so long as they own the DeVaui
Ranch or Laguna West,and all successor owners and developers of the DeVaul Rand,all Laguna
West Successor Owners and all developers of Laguna West. In the event that either party se11s,
conveys or otherwise transfers the DeVaul Ranch or Laguna West(as the case may be), or any
portion th=4 or any tight or interest thereat,such party shall obtain and deliver to the other party
the written agreement of the purchaser or transferee to the provisions of this letter agreement as a
condition precedent to the effectiveness of any said sale, conveyance or transfer.
S. This letter agreement shall be governed by the laws of the State of California. This
letter agreement may only be amended by a written instrument sighted by both parties. This letter
agreement constitutes the complete agreement of the parties and des all prior and
contemporaneous negotiations, understandings and agreements of the parties with respect to the
subject matter hereof. In the event any provision hereof is declared invalid or unenforceable in any
court or other authority of competent jurisdiction, the patties agree that the invalidity or
unenforceability of etch provision shall not an any way affect the validity or enforceability of any other
provisions of this letter agreement. In the event of any action or proceeding arising out of this letter
agreement or the transactions contemplated hereby, the prevailing party shaU be entitled to recover
its costs and reasonable attorneys'fees. This letter agreement may be executed in one or more
counterparts, each of which shall constitute one and the same instrument-
2-36
UU,L.VIVV VOVV OJJ V1V a. LJ1L. yy vV'i
ATTACHMENT
Ms. Margaret DeVaul -4- March 25, 1999
If the foregoing is sWsfitetory to you and reflects your agreement and understanding as to the
matters specified in paragraphs I through 7 above, please so indicate by signing the enclosed copy
of this letter in the space provided below and returning it to the undersigned before 5:00 p.m,pacific
standard time, on April 1, 1999. This letter agreement shall be ineffective if a copy thereof filly
executed by you is not received by the undersigned before the date and time specked above.
DeVAUL RANCH,LLC,
a California limited liability company
By: 2�0�
Rich Ridg .
2-37
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5117,
ATTACHMENT IV
Ms• Margaret DeVaW -5 - March 25, 1999
To DeVeW Ranch,LLC
The foregoing is satislitctory to the undersigned and reflects and represents our agreement and
understanding as to the matters specified in paragraphs I through 7 above.
Dated: MCI r34 1999 MARGARET R DeVAUL, TRUSTEE
THE MARGARET ROZEU A DeVAUL
TRUST,U/D/T DATED JUNE 22, 1990
, l
DeVwL Trustee If
Dated K[b'C�L 1 , 1999 MARGARET R DeVAUL, TRUSTEE
THE THOMAS ALBERT DeVAUL AND
MARGARET ROZEL.LA DeVAUL 1979
TRUSTS/EXEMIPTION TRUST A U/DIP
DATED NOVEMBER 9, 1979
V
Mar DeVau%Trustee
Dated: 1999 MARGARET R DeVAUL, TRUSTEE
THE THOMAS ALBERT DeVAUL AND
MARGARET ROZELLLA DeVAUL 1979
TRUSTSWARiTAL TRUST U/DIT DATED
NOVEMBER 9, 1979
Margaret DeVaut Trustee
2-38
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EXHIBIT -
ATTACHMENT �
PARCEL l:
Lot C of the subdivisions of part of Lot 60 of the Ranchos Canada de Los Osos and La Laguna,
in the County of San Luis Obispo. State of California, according to map recorded in Book A.
Page 85 of Maps, in the office of the County Recorder of said County.
EXCEPT therefrom that portion of said land described in the decd to the City of San Luis
Obispo recorded March 16. 1977 in Book 1964, Page 355 of Official Records, in the office of
the County Recorder of said County.
PARCEL 2:
Lot 60 of the subdivisions of the Ranchos Canada de Los Osos and La Laguna made by lames
T. Stratton, in the County of San Luis Obispo. State of California, according to map recorded
in Book A. Page 83 of Maps, in the office of the County Recorder of said County.
EXCEPT therefrom that portion conveyed to Ludwig Nelson in deed dated March 21. 1884 and
recorded in Book S, Page 19 of Deeds, records of said county, described as follows:
P
Beginning at the most Easterly corner of said Lot 60 at a post marked S180; thence North 34
1140 West along the Northeasterly lime,of said lot, 12 chains to station; thence South 55 314°
West and parallel with the Southeasterly line of said lot, 101.03 chains to the Southwesterly line
of said lot; thence South 43° East along said Southwesterly line, 12 chains to the most Southerly
corner of said lot; thence North 55 314 East along the Southeasterly line of said tot, 99.33
chains to the point of beginning.
ALSO EXCEPTING therefrom Lots A, B, C and D and the parcel shown as 'Avenue" of the
subdivisions of part of Lot 60 of James T. Stratton's subdivisions of the Ranchos Canada de Los
Osos and La Laguna, in the County of San Luis Obispo, State of California, according to map
recorded in Book A. Page 85 of Maps, in the office of the County Recorder of said County.
i •
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1 EXH1131T A
2-39
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PA7 CEL. 1.
Lot D of no Stddivislon of put of Los 60 of the Ranchos Canada de Loa Ososiand La Laguaa.
iathe Comm o(smi.xisObispo,State of Wifornia.aaootding to map tecotdak Marck7, 1907
in Book A, Page 85 of Maps. in the office of the County Recorder of said Choosy.
PAROL 2:
A pegmMmai auoo�ex+chaive casement for act and pWAk utilities over the Sotitbaly 60 tea of
Let C of dr Subdivision of part of Lot 60 of the Raerbos Canada de Los Osa�and L Isptzm,
in the Century of San Luis Obispo,Supe of Cafif=ia,at ewdiog to cup scou"� March 7, 1907
in Book A,Page 83 of 1+ w, is the office of the Couagr Rxorder of uid C�aeey.
M=" Maeft= mat pordoa of".UW descrlbed in tix dead a ftof Sao Lois
Obispo, reowded Math 16, 19" in Hook 1964. Page 335 of Official Reooadf at the office of
do Cour Reootda of said County.
BXBIBIT aBa
2-40
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,_. fACHMENT �I12
EXHIBIT C
Offer of Dedmffon
Fite no:273.01 Jenuary 11 1699
M Offer of Dedication for Road purposes over a portion of Lot D of the subdivision of Lot W of
the Ranchos Canada Do Los Omm and La Legurm M the County of San Lub Oblapo, State of
CaMMTia as shown on the neap Red In Book A of Maps at page 65 in the County Recorders
Office of said County, being a svdy nine(ti9)foot wide strip the easterly line of said easement
being the was"right of way of the County Road (Los Oacs valley Road) as shown on said
Map.
Said Offer of Dedication is shown an attached Fait C Sloetch
'Tqm UA 'aft I 'S 4819 w•�
page 1
2-42
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2-43
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EXHIBIT D
Drainage Easement
Fite no: January 11, 1999
A Dred mm Easema t over a tam of Lot D of the subOviston of Lot 60 of the Ranchos
Canada tis Los Owe and Le Laguna In the County of Son Luis Obtspe,Stabs of Caffamia as
shown on the map Md in SOCK A of VAP at page e5 in go county Recorders Of circ of said
County. bahrg the vmsterb►42 feet of the easterty 111 feet of said Lot 0;the easterly line of said
Lot 0 bekV the wesmrly right of way of the County Road(Lae Ossa Va4sy Road)as shown on
said Map.
Said Eaxment is shown on Attached 6d*ft D Sketch
y T i(n 1.04819 ems®
Mal
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(8W)544-4G// FAX 544-4284
2-45
Draft
June28 2000 Commission Minutes Attachment 7
June 28,2000
Page 1 of 6
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION
MEETING MINUTES
JUNE 28, 2000
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on
Wednesday, June 28, 2000, in Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California.
ROLL CALL:
Present: Commissioners Allan Cooper, David Jeffrey, Mary Whittlesey,Alice Loh,
Charles Senn, and Vice Chairman Stephen Peterson
Absent: Chairman Paul Ready
Staff Recording Secretary Leaha Magee, Development Review Manager
Ron Whisenand, Planning Technician Michael Codron, and Assistant City
Attorney Gilbert Trujillo.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
PUBLIC COMMENT ON NON-AGENDA ITEMS:
There were no non-agenda comments made.
COMMENT AND DISCUSSION:
1. 11955 Los Osos Valley Road,ANNX, PD,and ER 87-00: Request to annex
approximately 13.6 acres,prezone the property for residential development, and
environmental review; Jet-Ski Land Development, applicant.
Planning Tech Codron presented the staff report and recommended (1) that the Planning
Commission recommend that the City Council introduce an ordinance prezoning the 13.6
acre site C/OS (Conservation/Open Space) as interim zoning and adopting the Mitigated
Negative Declaration.
Commissioner Aiken asked if the reason for the prezoning to conservation/open space is
because there is no map at this time.
2-46
Draft Planning Commission n,mutes
June 28,2000
Page 2 of 6
Planning Tech Codron stated that although there is an application for subsequent
development, staff has not had time to process the full scope of the application. The
interim designation would be conservation/open space that essentially does not allow
development per se.
Commissioner Aiken stated the environmental document identified a number of items
such as geologic problems,noise impacts, public services, and utilities as having a less
than significant impact. How can simply annexing the property and zoning it
conservation/open space have any impacts at all?
Manager Whisenand stated staff anticipated with development of the property the
identified items would change. If the Commission feels an item should be changed from
less than significant to no impact, it would have no impact on the overall document
proposed for environmental analysis.
Commissioner Cooper had staff review the 14-acre dedicated open space area.
Commissioner Whittlesey referred to the EIR and the level of significance noted by
annexation and suggested that the noise and aesthetics categories be changed from less
than significant to no impact.
Commissioner Loh questioned where the 14-acre dedicated open space area would be in
relation to the 184 acres dedicated with the DeVaul Ranch annexation and expressed a
concern about drainage problems associated with residential development and access
from Los Osos Valley Road. She suggested circulation be further studied if DeVaul
north and south are eventually to be connected.
There were no further comments/questions and the public comment session was opened.
PUBLIC COMMENTS:
Dick Komorowski, applicant, 484 Mobil Avenue, Suite 19, Camarillo, stated the project
has been prescreened with staff and he is in concurrence with staff's recommendation.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSION COMMENTS:
Commission Loh moved to recommend that the City Council (1) introduce an ordinance
prezoning the 13.6 acre site C/OS (Conservation/Open Space) as interim zoning and
adopt the Mitigated Negative Declaration and(2) adopt a resolution recommending that
the Local Agency Formation Commission approve the annexation of 13.6 acres on the
southwest side of Los Osos Valley Road. Commissioner Aiken seconded the motion.
Commissioner Aiken commented on the suggested change of the levels of significance of
2-47
AnAC_4�
Draft Planning Commission Minutes
June 28,2000
Page 3 of 6
some items identified in the environmental document to less than significant, but felt
comfortable that items could be addressed when the actual subdivision come forward.
Commissioner Whittlesey felt the environmental document should stand on its own and
give one message about annexation. In consideration of future proposals, the
environmental document may give the wrong impression that noise or aesthetics were
dealt with in this prior document.
Commissioner Loh voiced concern about the loss of the Class I soil—this is prime
agriculture soil.
AYES: Commissioners Loh, Aiken, Cooper, Whittlesey, Loh, Osborne, and
Vice Chairman Peterson
NOES: None
REFRAIN: None
ABSENT: Chairman Ready
The motion carried 6-0.
2. 1201 Left Street,ABAN 170-99: Request to aband Ruth Street and a ten-foot
section of Left Street next to the railroad right of w ; R-3 zone; Jay Cook, applicant.
Commissioner Aiken noted this property is within 00 of his residence, but after
evaluating the circumstance, he determined he di of have a conflict of interest
Planning Tech Codron presented the staff rep and recommended that the Planning
Commission find that the right-of-way aban nment is consistent with the General Plan
and forward a report to the City Council r mmending approval of the abandonment
with findings and conditions.
Commissioner Osborne questioned s on the history of the house, noting it was
constructed in the street right of w He asked if the abandonment were approved,
would city property be given to a .vate property owner?
Planning Tech Codron stated the time of the subdivision the City secured the right of
way to use the property for lic purposes, but before the subdivision was proposed and
the dedication requested, i private property. Essentially the title report shows that
upon conveyance of wh is a City right of way,the property actually reverts to the
original owner.
Manager Whise noted the property owner legally owns property to the centerline of
the street right n If the easement were removed, property will not be given to the
property owne ecause he already owns it.
Commissio r Loh noted the retaining wall that would be required if the street were built
out would ect several trees.
2-48