HomeMy WebLinkAbout05-16-2017 Item 5, CooperCOUNCIL MEETING:RECEIVED_ S" �Ln_]-
ITEM NO.: ------S MAY 16 2017
SLO CITY CLERK
From: Allan Cooper [
Sent: Monday, May 15, 2017 6:59 PM
To: Johnson, Derek <diohnson@slocity.org>; Johnson, Lee <Oohnson@slocity.org>; E-mail Council Website
<ema ilco u n ci l @ slocitv.org>
Subject: Consent Agenda Item No. 5 - Development Agreement Discussions with Avila Ranch, LLC
Dear Derek and Lee -
Would you kindly forward the letter attached below to the
Council before their meeting tomorrow? Thanks!
- Allan
a
To: SLO City Council
From: Allan Cooper, San Luis Obispo
Re: Consent Agenda Item No. 5 - Development
Agreement Discussions with Avila Ranch, LLC
Date: May 15, 2017
You will be authorizing discussions with Avila Ranch,
LLC for a Development Agreement. I hope you are
aware of the findings in the draft EIR which states that
air quality', noise, land use and transportation and traffic
impacts created by this project will be significant and
unavoidable. This project at the time of buildout will also
place unavoidable and unmitigated adverse impacts on
the City's current sewer, water, school, law enforcement
and fire protection capacities.
However, there is one important omission. This draft EIR
should note that this proposed development is
inconsistent with State law on two counts.
Firstly, the California Government Code - Gov Title 7.
Planning And Land Use [65000 - 66499.58] )
"...recognizes that premature and unnecessary
development of agricultural lands for urban uses
continues to have adverse effects on the availability of
those lands for food and fiber production and on the
economy of the state. Furthermore, it is the policy of the
state that development should be guided away from
prime agricultural lands..." This project involves
conversion of 68 acres of prime soils to urban
development.
Secondly, this draft EIR should further make reference
to a "LUCE Performance Standards" footnote which
states that a "Density bonus program for affordable
housing would allow additional units, consistent with
existing City policies." Source: (City of San Luis Obispo
2014a).
This may be true elsewhere but it should be stated that
this City policy, when applied to this site, is in conflict
with Paragraph 2 of the California Government Code
Section 65589.5 which states that "a local agency shall
not disapprove a housing development project,
unless ... the development project ... is proposed on land
zoned for agriculture or resource preservation and is
surrounded on at least two sides by land being used
for agricultural or resource preservation purposes...".
This is indeed the case regarding this Avila Ranch
Development Project which is flanked on the east and
south sides by strips of land zoned Conservation Open
Space (note the following). "The Project site is
surrounded by a mix of incorporated City and
unincorporated County lands, with urban uses within the
City to the north and west and rural and agricultural
uses within the County of San Luis Obispo (County) to
the south and east... Unincorporated County lands
immediately abutting the site to the south and east are
generally rural agricultural."
Therefore, I am urging you to decline to authorize staff
to negotiate a Development Agreement (DA) based on
Avila Ranch's application. Why? Because this project,
per the City of San Luis Obispo's Housing Element2, is
"inconsistent with State Planning Law".
Thank you for your time and consideration.
1 Often during the Spring, an area of high pressure will build at the
surface over the western United States and produce Santa Lucia
(northeasterly) winds, also referred to as "offshore winds" because they
flow from the land out to sea especially during the night and morning
hours. Severe temperature differences in the vertical plane occur
resulting in an inversion. A temperature inversion occurs when a
warmer, less dense air mass covers cooler, denser air at the surface.
The temperature changes are because of cool moisture -laden
northwesterly (onshore) winds from the Pacific Ocean blowing through
Los Osos Valley while hot and dry Santa Lucia northeasterly (offshore)
winds move from the Santa Lucia Mountains through Avila Valley.
2 City of San Luis Obispo Housing Element
1.30 Consistency with State Planning Law
California cities and counties must prepare housing elements as
required by State law set forth in Sections 65580 to 65589.8 of the
California Government Code. The law mandates that housing elements
include "identification and analysis of existing and projected housing
needs and a statement of goals, policies, quantified objectives and
scheduled programs for the preservation, improvement and
development of housing." This Element fulfills that requirement and
provides a detailed strategy for implementing the City's housing goals
through 2019. State housing goals rely on the effective implementation
of housing policies at the local level. To ensure local housing policies
are consistent with State law, the State Department of Housing and
Community Development (HCD) reviews local housing elements and
reports its written findings to the local government. Housing elements
must also be consistent with the jurisdiction's other general plan
elements and must address several specific requirements regarding the
element's scope and content."