HomeMy WebLinkAboutSLO County MOU Sphere of InfluenceMEMORANDUM OF AGREEMEN T
BETWEEN THE CITY OF SAN LUIS OBISPO AN D
THE COUNTY OF SAN LUIS OBISPO
REGARDING THE CITY'S SPHERE OF INFLUENC E
This Agreement between the City of San Luis Obispo (hereafter "City") and theount y
San Luis Obispo County (hereafter "County") is entered int by the City on this <a 2J —day o fat,2005, and by the County on this day of 0 ~jnn ,2005.
WITNESSET H
WHEREAS, the Cortese/Knox/Hertzberg Act of 2000 ("the Act") requires the Loca l
Agency Formation Commission (LAFCO) to update the Spheres of Influence for all applicabl e
jurisdictions in the County every five years ; an d
WHEREAS, a Sphere of Influence is defined by California Government Code 56076 as a
plan for the probable physical boundaries and service area of a local agency ; an d
WHEREAS, pursuant to Government Code 56425 the Sphere of Influence has bee n
identified by the County of San Luis Obispo and the City of San Luis Obispo as shown in Exhibi t
A ; and
WHEREAS, the Act further requires that a Municipal Service Review be completed prio r
to or, in conjunction with, the update of a Sphere of Influence in accordance with Section 5643 0
of the California Government Code as a means of identifying and evaluating public service s
provided by the City of San Luis Obispo and changes to the City's Sphere of Influence ; and
WHEREAS, a Municipal Service Review as described above has been completed an d
shall be considered by LAFCO when establishing the City's Sphere of Influence ; an d
WHEREAS, the City and County have reached agreement regarding the boundarie s
(Exhibit A), development review standards and procedures (Exhibit B) of the Sphere of Influenc e
to ensure the orderly and logical development of these areas ; an d
WHEREAS, the City's General Plan provides a clear policy base for growth an d
development in the Sphere of Influence areas and defines policies and programs that the City wil l
implement to ensure the preservation of the agricultural land, open space and the rural characte r
Memorandum of Agreement
1
City of San Luis Obispo and County of San Luis Obispo
of San Luis Obispo ; and
WHEREAS, the County's General Plan goals in Framework for Planning and the Sa n
Luis Obispo Area Plan call' for Community Separators to provide for a community's distinctiv e
identity and preserve the rural character of the areas between and on the fringes of communitie s
and cities ; an d
WHEREAS, the City and County intend to cooperate regarding growth and developmen t
on the urban fringe of the City and in the referral area shown in Exhibit C ; an d
WHEREAS, LAFCO is required by Government Code 56425 (b) to give great weight t o
this agreement in making the final determination regarding the City's Sphere of Influence .
NOW, THEREFORE, be it resolved that the parties agree as follows :
1.The Sphere of Influence boundary contained in Exhibit A provides for the orderly an d
logical growth for the City of San Luis Obispo and represents a potential 20-year growth
boundary (2005-2025) based on available information .
2.The development standards and zoning requirements contained in Exhibit B provide a
framework for completing updates to the General Plans of both the City and the Count y
for the areas in the Sphere of Influence .
3.The development standards and zoning requirements contained in Exhibit B are intende d
to provide the City and the County with the basis for developing specific land use policie s
and standards for the areas in the City of San Luis Obispo Sphere of Influence and do no t
supersede or limit the planning or environmental review process of either jurisdiction .
4.The City's and County's General Plan policies including those found in Exhibits D and E
shall be used to guide the logical and orderly development of the Sphere areas whil e
preserving agricultural and open space lands .
Memorandum of Agreement
2
City of San Luis Obispo and County of San Luis Obispo
Mayor, City of San Luis Obisp o
APPROVED AS TO FORM AND LEGAL EFFECT :
Dated :A-L/G-;/2 ).2-c c C
ATTEST :
lF;//Ad t 7(v—/Ae(~/t
City Cleric
Dated :•4(G /, - Zoo 5
Memorandum of Agreement
3
City of San Luis Obispo and County of San Luis Obispo
/,If.Z
Chairman, j rd of Supervisor s
County of San Luis Obisp o
APPROVED AS TO FORM AND LEGAL EFFECT :
Dated : I()• 0C=••O S
ATTEST :
County Cler k
Dated:jD )4)
Memorandum of Agreement
4
City of San Luis Obispo and County of San Luis Obispo
EXHIBIT A
SPHERE OF INFLUENCE BOUNDARY MA P
Memorandum of Agreement
5
City of San Luis Obispo and County of San Luis Obispo
EXHIBIT B
DEVELOPMENT STANDARDS AND ZONING REQUIREMENT S
The following development standards and zoning requirements are agreed to and shall be used b y
the City of San Luis Obispo and the County of San Luis Obispo to develop specific land us e
policies and standards within the proposed Sphere of Influence as shown in Exhibit A and t o
update their General Plans .
1.Intent .It is the intent of the County and the City to work cooperatively towards th e
goal of developing the agreed upon Sphere of Influence (as shown in Exhibit A) in a n
orderly and logical manner consistent with the Cortese/Knox/Hertzberg Act, the Cit y
and County General Plans, the California Environmental Quality Act and any othe r
applicable laws and regulations .
2.Impact Mitigation . In evaluating any development, the agency considering approva l
(City or County) should rely solely on its ability to provide the required services t o
that development. The City and the County shall not presume any services will b e
provided by the other agency without documenting that such services will b e
provided .
Development/mitigation fees needed to offset the impacts from projects approved b y
either jurisdiction in the Referral Area (Exhibit C) shall be collected and distributed i n
a fair and equitable manner . These fees may be paid to the City and/or the County i n
proportion to the location and degree of project impacts ; however the total fees pai d
shall not exceed the cost to mitigate the specific project impact. Mitigation to offse t
significant impacts to fire, law enforcement, emergency medical services, water an d
wastewater treatment services, roads and streets, other public services, and housing ,
shall be incorporated into the conditions of approval for projects on a case by cas e
basis . Documentation shall be provided that identifies the project's fiscal ,
infrastructure, housing, and services impacts to both the City and the County and shal l
be considered as part of the development review process . The documentation shall b e
used to prepare conditions of approval and to allocate impact fees where allowabl e
and as appropriate .
3.
Fire, Emergency Medical and Law Enforcement Services .Costs associated with
fire, emergency medical and law enforcement services shall be given special attention .
Memorandum of Agreement
6
City of San Luis Obispo and County of San Luis Obispo
The County and City Planning Staff shall meet with the City's Police and Fire Chie f
and the County Sheriff and Fire Department Chief regarding development in th e
unincorporated areas that would impact the emergency response service levels . The
purpose of this meeting is to identify and discuss fiscal impacts of developmen t
related to emergency services, service delivery impacts of development on the fringe ,
and appropriate mitigation measures .
4.Interagency Cooperation .The City and the County shall work cooperatively to pla n
for future land uses and public services and facilities to improve and maintain are a
circulation connections, and to preserve agricultural land and open space . The Count y
and City will consider the creation and implementation of various assessment an d
financing mechanisms for the construction and maintenance of public improvements ,
such as roads, utilities, recreation and trail improvements, parks and open space, an d
similar improvements that could serve visitors and residents of the City and th e
County. Discretionary development projects and General Plan Amendments withi n
each agency's jurisdiction shall be referred to the other for review and comment prio r
to action on a development proposal . The County shall seek the City's comment s
regarding these projects in the referral area map found in the County's San Lui s
Obispo Area Plan (Exhibit C). The City shall seek the County's comments regardin g
projects that affect the unincorporated area found in Exhibit C . When a discretionar y
project application is accepted for processing, it shall be referred to the followin g
contact person(s) for early review and comment :
Division Manager, Long Range Planning
Community Development Directo r
County of San Luis Obispo City of San Luis Obisp o
Department of Planning and Building
Community Development Departmen t
County Government Center
990 Palm Street
San Luis Obispo,CA 93408 San Luis Obispo, CA 93401-324 9
This provision shall not supersede other methods of commenting or providin g
feedback regarding a proposal or project .
5.Sphere of Influence .The County shall, to the extent legally possible, limi t
development within the City's Sphere of Influence (SOI) to those uses allowed by th e
County General Plan . The County shall give the great weight to the City's Genera l
Plan policies when reviewing development in the City's Sphere of Influence .
a. City Review. For projects submitted to the County for consideration, as part o f
Memorandum of Agreement
7
City of San Luis Obispo and County of San Luis Obispo
the pm-application meetings and as part of processing the application, the Count y
shall request written documentation that indicates the City Council's positio n
regarding annexation into the City . This documentation shall be provided by th e
City in a timely manner that does not delay the County's processing of the lan d
use application . During this time, the County shall continue to process the lan d
use application as required under the law .
b . Development Review Coordination .Projects proposed within the referral are a
shown in Exhibit C, and subject to an Initial Study under CEQA, shall cause th e
City and County representatives to request a meeting prior to completion of th e
Initial Study . The purpose would be to discuss the City's and County's Genera l
Plan policies with regard to the project and to identify any key issues that ma y
need special attention during the CEQA process .
6.Agriculture and Open Space .The City and the County shall work together t o
preserve the agricultural and open space resources in the SOI area using the City's
Greenbelt and Open Space policies and the County's Agriculture and Open Spac e
Policies, including the transfer development credit program as appropriate . Th e
criteria contained in the County's Agriculture and Open Space Element, particularl y
Agricultural Policies 17 and 24 (Exhibit D), and the pertinent policies in the City's
General Plan shall be addressed in the preparation of any land use entitlements an d
Environmental Impact Reports .
7.General Plan Amendment .The City intends to complete environmental review, pre -
zoning, pre-annexation, and any necessary pre-general plan amendment activitie s
prior to or concurrent with an annexation proposal being processed by LAFCO . Th e
County intends to complete any necessary amendments to its General Plan in the San
Luis Obispo Area Plan to reflect the annexation of territory to the City of San Lui s
Obispo .
8.Zoning Requirements/Specific Plan .Prior to annexation, the City shall complet e
pre-zoning and environmental review consistent with its General Plan . CEQA revie w
shall include analysis of issues, including but not limited to the following : a reliabl e
and adequate water supply, sewer capacity, public services, cumulative traffi c
circulation, agricultural buffers, jobs-housing, use of transfer development credits ,
and affordable housing opportunities .
Memorandum of Agreement
8
City of San Luis Obispo and County of San Luis Obispo
EXHIBIT C
SAN LUIS OBISPO AREA PLAN - PROJECT REFERRAL MA P
Hevised b/2//99
LEGEN D
Agriculture
Rural Land s
Recreation
Residential Rura l
Residential Suburba n
Residential Single Famil y
Residential Multi Famil y
Office / Professional
Commercial Retai l
Commercial Servic e
Industria l
Public Facilit y
Open Spac e
Los Ranchos/Edna
Village Reserve Area
.Project Referral Boundar y
Memorandum of Agreement 9
City of San Luis Obispo and County of San Luis Obispo
EXHIBIT D
COUNTY'S AGRICULTURAL-OPEN SPACE ELEMENT
Policy #17 : Agricultural Buffer s
Policy #24 : Conversion of Agricultural Lan d
Memorandum of Agreement
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City of San Luis Obispo and County of San Luis Obispo
AGP17 : Agricultural Buffers .
a. Protect land designated Agriculture and other lands in production agricultur e
by using natural or man-made buffers where adjacent to non-agricultural lan d
uses in accordance with the agricultural buffer policies adopted by the Boar d
of Supervisor (see Appendix D).
THE AGRICULTURE ELEMENT 2-36 AGRICULTURE & OPEN SPACE ELEMEN T
AG&OS CHAP2
Discussion : New residential and other non-agricultural uses that are proposed adjacen t
to agricultural land or uses may result in land Use conflicts . Residential and other non -
agricultural uses can be adversely affected by odors, noise, dust and pesticide use .
Farmers and ranchers are affected by resident complaints and lawsuits, pilferage o f
vegetables and fruits, increased incidence of trespass, theft and vandalism, disturbance o f
livestock by dogs and people, introduction of plant and animal pests and diseases harmfu l
to agricultural uses, increased potential for fire on dry farm and grazing lands, an d
competition for available water resources .
The LUO contains a number of location and setback standards to separate existin g
residential areas and uses from potentially incompatible agricultural uses such as feedlots ,
poultry ranches, or hog farms . In addition, the Board of Supervisors has adopted policie s
for establishing buffers between agricultural areas and non-agricultural development i n
order to minimize possible land use conflicts . A further modification to those policie s
should be considered that would include a provision for public disclosure that a buffer ha s
been applied to a property as part of the county's approval of a discretionary land us e
permit . The disclosure would provide notice to prospective buyers and sellers that suc h
a restriction applies .
Implementation :
1.The County Department of Agriculture{ shall review applications for land division ,
lot line adjustments, land use permits and proposed general plan amendments fo r
consistency with the agricultural buffer policies adopted by the Board o f
Supervisors (see Appendix D).
Timeframe : Ongoing .
2.The Department of Planning and Building, the County Department of Agriculture ,
and agricultural industry groups should develop proposed amendments to th e
Agricultural Buffer Policy establishing a disclosure process (similar to that foun d
in the Right-to-Farm Ordinance, Title 5 of the County Code) that would infor m
potential buyers and sellers of properties that, as part of the county's approval o f
a discretionary land use permit, an agricultural buffer has been applied to a
property .
Timeframe : 24 months from plan,adoption .
AGRICULTURE & OPEN SPACE ELEMENT 2-37 THE AGRICULTURE ELEMEN T
AG&OS CHAP2
AGP24 : Conversion of Agricultural Land .
a .Discourage the conversion of agricultural lands to non-agricultural use s
through the following actions :
1.Work in cooperation with the incorporated cities, service districts ,
school districts, the County Department of Agriculture, the Agricultura l
Liaison Board, Farm Bureau, and affected community advisory group s
to establish urban service and urban reserve lines and village reserv e
lines that will protect agricultural land and will stabilize agriculture a t
the urban fringe .
2.Establish clear criteria in this plan and the Land Use Element fo r
changing the designation of land from Agriculture to non-agricultura l
designations .
3.Avoid land redesignation (rezoning) that . would create new rural
residential development outside the urban and village reserve lines .
4.Avoid locating new public facilities outside urban and village reserv e
lines unless they serve a rural function or there is no feasible alternativ e
location within the urban acid village reserve lines .
Discussion : The purpose of this policy is twofold : to protect agricultural land at the urba n
fringe by limiting the expansion of urban development ; and to discourage urban/suburba n
sprawl by preventing "leapfrog" development into the agricultural areas of the county .
Agricultural land is often converted to other uses for a variety of reasons, including : urban '
growth pressures, rising land values and speculation, competition between urban an d
agricultural uses, the desirability of large-lot rural homesites, subdivision of agricultura l
properties into parcels too small to sustain agricultural uses, piecemeal LUE amendment s
to non-agricultural land use categories, and a lack of policies that clearly define under wha t
circumstances agricultural lands should be converted to other uses and land us e
designations in the general plan . This conversion of agricultural land has the potential t o
seriously erode the long-term protection of agricultural resources .
Even with the strong Williamson Act program in the county, there has been pressure t o
convert agricultural lands to other non-agricultural uses . Since adoption of the LUE i n
1980,over 3,000 acres of land have been rezoned from the Agriculture category to non -
agricultural land use categories in the unincorporated areas of the county .
Statistics from the state Department of Conservation's farmland mapping program sho w
that in the period between 1984 and 1995 (the last year for which statistics are available),
there was an overall decrease in agricultural land of about 14,800 acres . There was a net
THE AGRICULTURE ELEMENT 2-50 AGRICULTURE & OPEN SPACE ELEMEN T
AG&OS CHAP2
increase of Prime Farmland due to intensification (primarily irrigated vineyards); however ,
the net acreage of Farmland of Statewide Importance also declined by 783 acres .
The LUE contains a number of general goals that focus on the environment, distributio n
of land uses, phasing of urban development, and the provision of public services an d
facilities . Consistent with those goals, specific criteria should be developed for when i t
may be appropriate to convert agricultural lands to other uses . The criteria should include ,
but not necessarily be limited to, the following :
Do not expand existing urban or village areas until such areas are largely built-out ,
or until such time as additional land is needed to accommodate necessary uses o r
services that cannot otherwise be accommodated within the existing urban o r
village area .
Urban or village expansion should occur only where contiguous to an existin g
urban/village reserve line, as shown in the concept diagram in Figure 2-5, or wher e
an entirely new urban or village area is needed in order to direct development awa y
from surrounding agricultural or open space resources .
Where urban expansion is to occur, it shall be annexed to an incorporated city o r
an existing community services district/county service area . The annexation shal l
occur only where the clustered development from rural property is to be locate d
adjacent to the urban area, or when higher density development is to occur an d
where such development is consistent with resource and service capabilities an d
orderly extension of urban services .
Where agricultural land is proposed for conversion to urban/suburban uses, giv e
consideration to the protection of agricultural lands in the following priority order :
row crop terrain and soils, specialty crops and forage lands, dry farm lands, an d
rangelands for grazing .
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AGRICULTURE & OPEN SPACE ELEMENT 2-51 THE AGRICULTURE ELEMENT
AG&OS CHAP2
EXHIBIT E
CITY OF SAN LUIS OBISPO GENERAL PLAN POLICIE S
GROWTH MANAGEMENT POLICIES '
LU 1 .3 : Urban Edges Characte r
The boundary between San Luis Obispo's urban development and surrounding open land should be clear .
Development just inside the boundary shall provide measures to avoid a stark-appearing edge between buildings i n
the city and adjacent open land . Such measures include: using new or existing groves or windrows of trees, or hill s
or other landforms, to set the edge of development ; increasing the required side-yard and rear-yard setbacks .
LU 1 .6 : City Size and Expansio n
LU 1 .6 .1 : Urban Reserv e
The City shall have an urban reserve line containing the area around the City where urban development might occu r
(Land Use Element Map and Figure 2). Urban uses within this line should be developed according to City-approve d
plans, consistent with this element . Non-urban agricultural, open space, and wildlife corridor uses are als o
encouraged within the urban reserve, as interim or permanent uses shown on City-approved plans .
LU 1 .7 : Greenbel t
LU 1 .7 .1 : Open Space Protectio n
Within the City's planning area and outside the urban reserve line, undeveloped land should be kept open . Prime
agricultural land, productive agricultural land, and potentially productive agricultural land should be protected fo r
farming. Scenic lands, sensitive wildlife habitat, and undeveloped prime agricultural land should be permanently
protected as open space .
LU 1 .7 .2 : Greenbelt Uses
Appropriate greenbelt uses include : watershed; wildlife habitat ; grazing ; cultivated crops ; parks and outdoo r
recreation (with minimal land or landscape alteration, building, lighting, paving, or use of vehicles, so rural characte r
is maintained); and home sites surrounded by land of sufficient size and appropriately located with respect t o
topography and vegetation to maintain the open character.
LU 1 .8 : Prime Agricultural Lan d
LU 1 .8 .1 : Agricultural Protectio n
It is the City's policy to encourage preservation of economically viable agricultural operations and land within th e
urban reserve and city limits . The City should provide for the continuation of farming through steps such a s
provision of appropriate general plan designations and zoning .
LU 1 .8 .2 : Prime Agricultural Lan d
Development of prime agricultural land may be permitted, if the development contributes to the protection of
agricultural land in the urban reserve or greenbelt by one or more of the following methods, or an equally effectiv e
method : acting as a receiver site for transfer of development credit from prime agricultural land of equal quantity ;
securing for the City or for a suitable land conservation organization open space easements or fee ownership wit h
deed restrictions ; helping to directly fund the acquisition of fee ownership or open space easements by the City or a
suitable land conservation organization . Development of small parcels which are essentially surrounded b y
urbanization need not contribute to agricultural land protection .
LU 1 .13 : Annexation and Services
LU 1 .13.1 : Water & Sewer Servic e
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 ;
Memorandum of Agreement
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City of San Luis Obispo and County of San Luis Obispo
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 .
LU 1 .13.2: Annexation Purpose and Timin g
Annexation should be used as a growth management tool, both to enable appropriate urban development and t o
protect open space. Areas within the urban reserve line which are to be developed with urban uses should b e
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 an d
development will reflect topography, needed capital facilities and funding, open space objectives, and existing an d
proposed land uses and roads .
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 policy 1 .13 .5 .
A)For the Airport area, a specific plan shall be adopted for the area . Until a specific plan is adopted, properties ma y
only be annexed if they meet the following criteria : 1) The property is contiguous to the existing city limits ; and 2)
The property is within the existing urban reserve line ; and 3) The property is located near to existing infrastructure;
and 4) Existing Infrastructure capacity is available to serve the proposed development ; and 5) A development plan
for the property belonging to the applicant(s) accompanies the application for annexation ; and 6) The applicant(s )
agree to contribute to the cost of preparing the specific plan and constructing area-wide infrastructure improvements
according to a cost sharing plan maintained by the City .
B)For the Orcutt expansion area, a specific plan shall be adopted for the whole area before any part of it is annexed .
C)For the Margarita Area, annexation may occur following the City Council's 1998 approval of a draft specific pla n
as the project description for environmental review . Except for City parks or sports fields, further development shal l
not occur until the City has completed environmental review and adopted a specific plan . City parks or sports field s
may be developed before the specific plan is adopted, if environmental review for the park or sports field has bee n
completed, and if the park or sports field is consistent with the General Plan andthe draft specific plan most recentl y
endorsed by the City Council . Private properties that are annexed before the specific plan is adopted shall be zoned
Conservation/Open Space upon annexation, and shall be zoned consistent with the specific plan when it is adopted .
D)For any other annexations, the required plan may be a specific plan, development plan under "PD" zoning, o r
similar development plan covering the entire area .
LU 1 .13.4 : Development and Service s
Actual development in an annexed area may be approved only when adequate City services can be provided for tha t
development, without reducing the level of services or increasing the cost of services for existing development an d
for build-out within the City limits as of July 1994, in accordance with the City's water management policies . Water
for development in an annexed area may be made available by any one or any combination of the following :
A)City water supply, including reclaimed water ;
B)Reducing usage of City water in existing development so that there will be no net increase in long-term wate r
usage ;
C)Private well water, but only as an interim source, pending availability of an approved addition to City wate r
sources, and when it is demonstrated that use of the well water will not diminish the City's municipal groundwate r
supply .
LU 1 .13.5 :Open Space
Each annexation shall help secure permanent protection for areas designated Open Space, and for the habitat type s
and wildlife corridors within the annexation area that are identified in LU Policy 6 .1 .1 . Policies concerning prim e
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 are a
to be developed .
B)Margarita Area properties shall dedicate land or easements covering the hills above the elevation designated i n
the hillside planning section and riparian and wetlands areas as identified in the Open Space Element .
Memorandum of Agreement
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City of San Luis Obispo and County of San Luis Obispo
C)Orcutt Area properties shall dedicate land or easements covering the Santa Lucia foothills and Mine Hill, a s
identified in the Open Space Element .
D)Airport Area properties shall secure protection for any on-site resources as identified in the Open Spac e
Element These properties, to help maintain the greenbelt, shall also secure open space protection for any contiguous ,
commonly owned land outside the urban reserve . If it is not feasible to directly obtain protection for such land, fee s
in lieu of dedication shall be paid when the property is developed, to help secure the greenbelt in the area south o f
the City's southerly urban reserve line .
E)Dalidio Area properties (generally bounded by Highway 101, Madonna Road, and Los Osos Valley Road) shal l
dedicate land or easements for the approximately one-half of each ownership that is to be preserved as open space .
F)Foothill Annexation : The northern portion of the Foothill property (Open Space Element Site Map, Site #3) an d
the creek area shall be annexed as open space . Development on this site should be clustered or located near Foothil l
Boulevard, with the northern portion of the site and the creek area preserved as open space .
G)Other area properties, which are both along the urban reserve line and on hillsides, shall dedicate land o r
easements for about four times the area to be developed (developed area includes building lots, roads, parking and
other paved areas, and setbacks required by zoning).
LU 6.1 :Open Space Policie s
LU 6.1 .1 : Open Space and Greenbelt Designation s
The City shall designate the following types of land as open space :
A)Upland and valley sensitive habitats or unique resources, as defined in the Open Space Element, includin g
corridors which connect habitats .
B)Undeveloped prime agricultural soils which are to remain in agricultural use as provided in LU Policy 1 .8 .2 .
C)Those areas which are best suited to non-urban uses due to : infeasibility of providing proper access or utilities ;
excessive slope or slope instability ; wildland fire hazard ; noise exposure ; flood hazard; scenic value ; wildlife habitat
value, including sensitive habitats or unique resources as defined in the Open Space Element ; agricultural value ; and
value for passive recreation .
D)A greenbelt, outside the urban reserve, that surrounds the ultimate boundaries of the urban area, and which shoul d
connect with wildlife corridors that cross the urbanized area .
E)Sufficient area of each habitat type to ensure the ecological integrity of that habitat type within the urban reserv e
and the greenbelt, including connections between habitats for wildlife movement and dispersal ; these habitat type s
will be as identified in the natural resource inventory, as discussed in the "Background to this Land Use Elemen t
Update" and in Community Goal #8 . Public lands suited for active recreation will be designated Park on the Genera l
Plan Land Use Element Map . The City may establish an agricultural designation .
LU 6.2 : Hillside Policie s
LU 6 .2 .0 :Hillsides
As discussed in the open space section, San Luis Obispo wants to keep open its steeper, higher, and most visibl e
hillsides . Some of the lower and less steep hillside areas, however, are seen as suitable for development, particularl y
where development is coupled with permanent open space protection of the more sensitive areas . This section
focuses on where and how some hillsides may be developed . The City establishes comprehensive standards an d
policies for hillside development for the following reasons :
A)To protect and preserve scenic hillside areas and natural features such as the volcanic Morros, ridge lines, plan t
communities, rock outcroppings and steep slope areas that function as landscape backdrops for the community .
B)To set the limits of commercial and residential development in hillside areas by establishing a permanent ope n
space greenbelt at the edge of the community .
C)To protect the health, safety and welfare of community residents by directing development away from areas wit h
hazards such as landslides, wildland fires, flooding and erosion .
LU 6.2 .1 : Development Limits
Hillsides planning areas should have carefully chosen development limit lines, and special design standards for th e
areas which can be developed . The location of the development limit and the standards should cause development t o
avoid encroachment into sensitive habitats or unique resources as defined in the Open Space Element, and publi c
health and safety problems related to utility service, access, wildland fire hazard, erosion, flooding, and landslide s
Memorandum of Agreement
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City of San Luis Obispo and County of San Luis Obispo
and other geologic hazards . Also, the development limit line and the standards should help protect the City's sceni c
setting . The precise locations of the development limit line and the urban reserve line are shown on documents o n
file at the City's Community Development Department ; these are part of the Land Use Element .
LU 6 .2 .2 : Development Standard s
Development -including buildings, driveways, fences and graded yard areas- on hillsid e
parcels shall :
A)Be entirely within the urban reserve line or development limit line, whichever is more restrictive (though parce l
boundaries may extend beyond these lines when necessary to meet minimum parcel-size standards), unless one of th e
following three exceptions applies . 1) A location outside the urban reserve line or development limit line is necessar y
to protect public health and safety . 2) New wireless telecommunication facilities may be appropriate on South Street
Hills inside the three-acre leasehold already developed with commercial and municipal radio facilities, subject to us e
permit approval and architectural review and approval . Applicants shall comply with all other provisions of thi s
section, and demonstrate that (a) new facilities will not individually or additively interfere with City radio equipmen t
necessary for emergency response coordination, and (b) will not cause on-site radio frequency radiation levels t o
exceed exposure standards established for the general public by the 3) Where a legally built dwelling exists on a
parcel which is entirely outside the urban reserve line or development limit line, a replacement dwelling may b e
constructed subject to standards B through H below .
B)Keep a low profile and conform to the natural slopes ;
C)Avoid large, continuous walls or roof surfaces, or prominent foundation walls, poles, or columns ;
D)Minimize grading of roads ;
E)Minimize grading on individual lots ; generally, locate houses close to the street ; minimize the grading of visibl e
driveways;
F)Include planting which is compatible with native hillside vegetation and which provides a visual transition fro m
developed to open areas ;
G)Use materials, colors, and textures which blend with the natural landscape and avoid high contrasts ;
H)Minimize exterior lighting .
LU 6.2.3 : Parcels Crossing the Limit Line s
Before development occurs on any parcel which crosses the urban reserve or development limit lines, the par t
outside the lines shall be protected as permanent open space .
LU 6 .2 .4 :Development Credit Transfe r
Any residential development credit obtained from Open Space designations outside the urban reserve line o r
development limit line should be transferred to land inside the lines .
LU 6 .2 .5 : Homesites Outside the Limit Line s
Where homesites are to be developed outside the urban reserve or development limit lines, and beyond the City's
jurisdiction, they should :
A)Be on land sloping less than 15 percent ;
B)Have effective emergency-vehicle access from a City street or County road ;
C)Be on a geologically stable site ;
D)Have adequate water supply for domestic service and fire suppression ;
E)Avoid areas with high wildland fire hazard ;
F)Be next to existing development ;
G)Avoid significant visual impacts .
'Policies from the City of San Luis Obispo General Plan Digest, Land Use Element, 200 5
Memorandum of Agreement
14
City of San Luis Obispo and County of San Luis Obispo