HomeMy WebLinkAbout9/15/2017 Item 15, Codron - HudsonCouncil Memorandum
DATE: September 14th, 2017
TO:
FROM:
VIA:
SUBJECT:
City Council
C 0tJN I1--, ME11 T 1N v 9 1 2 l
ITEM NO __
Michael Codron, Community Development Director
Jake Hudson, Transportation Manager
Katie Lichtig, City Manager
PH 15 Avila Ranch
This memo augments the staff report and recommendation on the Development Agreement to
address two issues and responds to a question from a Council Member. The first issue relates to
Buckley Road and adds a letter submitted by the County Public Works Department to the City to
the administrative record for the project. The second issue involves amendments to the
Development Agreement recommended in response to recent case law. The last section is a
response to a Council Member question regarding bike lanes.
Buckley Road Additional Information
During the Notice of Preparation process and the various public hearings on the Avila Ranch
project, public commenters have inquired about the potential impacts from the Avila Ranch project
on Buckley Road (safety and levels of service). Because of this, it was addressed in the traffic
study for the project, and the findings and conclusions were reported in the Final EIR for the
project. Intersections analyzed in the EIR were done so pursuant to the adopted City Traffic Impact
Study Guidelines. The Final EIR for the project evaluated these issues and specifically responded
regarding safety issues under Master Comment Response 8 (pages 8-14 & 15 of the Final EIR),
and concluded that there were no impacts.
The technical safety review and conclusions for Buckley Road were made in conformance with
the CEQA statutes and the State Office of Planning and Research's CEQA Guidelines, both of
which require that these evaluations be based on objective, scientific evidence, and on "actual
project conditions, and not stem solely from subjective fears". The findings and conclusions in
the Final EIR comply with these requirements. Staff has concluded that comments provided are
subjective perceptions of risk level that do not meet the "substantial evidence" test required by
CEQA.
Concerns regarding Buckley Road safety were expressed during the Planning Commission's
hearings on the project. In response to public concerns raised after the close of the Draft EIR
comment period, and during recent public hearings (including at the Planning Commission hearing
of August 9, 2017) the City has received a letter from San Luis Obispo County Public Works
Department (dated August 23, 2017; attached) that confirms the findings and conclusions of the
Final EIR.
Buckley Road is entirely under the jurisdiction of the County of San Luis Obispo. As the agency
that maintains and monitors operations on Buckley Road, including traffic safety, it is a unique
expert position to evaluate these issues. The County Public Works draws the following
conclusions, as summarized from their letter:
1. County Public Works concurs with the City's EIR regarding the level of service analysis
and conclusions presented in the study, and that the proposed Avila Ranch project is not
expected to created significant impacts on Buckley Road;
2. The intersection of Buckley Road and Davenport Creek Road has a collision rate in line
with the average number of collisions for County intersections;
3. The sight distance at this and other nearby intersections conform to County standards; and
4. No high collision concentration exists at this intersection, or other nearby intersections, or
would expect to exist, with increasing traffic volumes on Buckley Road.
Technical Changes to Development Agreement
In addition, minor changes are recommended to section 5.04.1 of the Development Agreement in
light of a recent published decision from the Court of Appeals, Russell City Energy v. City of
Hayward, which held that a contractual promise by the City not to impose certain taxes on a
development violates Section 31 of article XIII of the California Constitution and is unenforceable.
The specific changes to the Development Agreement that are recommended are as follows:
Section 5.04. Imposition of and Increases in Fees, Taxes, Assessments and Other Charges,
Section 5.04.1. Taxes and Assessments.
(a) During the Term of this Development Agreement, Avila Ranch shall be bound to
and shall not protest, challenge, or cause to be protested or challenged, any City
tax in effect on the Effective Date.
(b) "
(3}
(d) No assessment shall be imposed on the Project or the Property other than through
a Financing Mechanism as set forth above.
(e) No new debt shall be issued that affects the Project or the Property without Avila
Ranch's approval, unless such debt otherwise conform with the requirements of
Articles XIII C and D of the California Constitution and any requisite voter
approval is achieved, in which case the City may issue debt even if Avila Ranch
votes against the matter.
Please contact Tyler Corey (tc t a)sloca .org) or Michael Codron (ni odroji(e,"i),locit .orw—Y)
should there be any questions about these issues.
Buckley Road Bike Lanes
A Council Member inquired about Class II bike lines along Buckley Road. Both the City and
County acknowledge the importance of installing Class 11 bike lanes along Buckley Road as these
facilities are adopted into each agency's respective policy documents. Although Buckley Road is
under the County's Jurisdiction both agencies are taking steps to complete this important
connection. In the context of the Avila Ranch Project the City is requiring the developer to
construct as much of the bike lanes along Buckley Road as legally possible, which is approximately
one third of the connection. The County has and continues to do the same for other recent and
upcoming developments along Buckley road, primarily on the East End in the vicinity of Noll
Road.
The challenge is that the middle section of Buckley, surrounded by agriculture, is not expected to
develop anytime soon therefore the Class I1 lanes along that section are also not anticipated
anytime soon. In the absence of new development that would construct those the County would
have to prioritize their funding and staff resources to build the bike lanes. The City does not have
the authority to mandate the County to do that, only to continue our advocacy efforts and provide
cross agency support.
In recent correspondence to the City, the County stated that it "plans to work incrementally, from
east to west along Buckley Road to install turn lanes, and in the future to provide shoulders for
bike lanes. The County will plan for corridor improvements in the future, but construction will be
dictated by available federal grants or local funds which could be committed to the corridor". The
Avila Ranch project will generate significant tax revenue for the County which could be used to
help fund class Il bike lanes along Buckley Road if they choose to do so.
Please contact Jake Hudson Otui lson i sloc ft .or ,),, with any questions on this issue.
Attachment: County Public Works Letter Dated 8/23/17
COUNTY OF SAN LUIS OBISPO
• Department of Public Works
Wade Horton, Oirecror
August 23, 2017
Mr. Michael Cordon
Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Subject: Avila Ranch EIR; August 9, 2017 Planning Commission Testimony
Dear Mr. Cordon,
As a follow-up to the August 9, 2017 Planning Commission meeting, let me take this opportunity to clarify
the County of San Luis Obispo (County) Department of Public Works (Deparment) review of Buckley Road
and potential impacts from this project. At the meeting, the Planning Commission chair relayed a
conversation he had with me regarding Buckley Road and the Davenport Creek Road intersection. Unlike
the chair, I would not characterize the condition of the safety of the intersection as a "big problem." Our
Department has received concerns regarding this location over the years, and It continues to be a
location that we monitor and review annually.
Our Department maintains a detailed road safety report evaluating reported collision records and
determine levels of significant collision patterns. Buckley Road at Davenport Creek Road intersection
has a collision rate in line with the average number of collisions for county intersections. In addition,
County staff has recently reconfirmed that the intersection sight distance conforms to County standards.
No high collision concentrations exist, or would be expected to exist, with increasing traffic volumes
which have risen steadily on Buckley Road at about three percent per year.
I did relay to the chair that the County plans to work incrementally, from east to west along Buckley Road
to install turn lanes, and in the future to provide shoulders for bike lanes. The County will plan for
corridor improvements in the future, but construction will be dictated by available federal grants or local
funds which could be committed to the corridor. Currently, there is no Traffic Mitigation Fee Program
which covers this area or lists Buckley Road for improvement. Acquisition of right of way being the major
impediment for the corridor.
In review of the EIR traffic analysis, our Department has no objections to the level of service analysis or
conclusions presented in the study, and that the proposed Avila Ranch development Is not anticipated
to create significant impacts on Buckley Road. The County, and our Department, will seek to work on
potential turn lanes to enhance operations on Buckley Road. The developers of the proposed Avila
Ranch have sought to work with us to create specific improvements at the Davenport Creek Road
County of San ILuis Obiispo Depaftmerit of Pub& Works
Count,/ f.,avI Center, Room 2.06 j San LLIi5 Ohi,,ptr, CA 93408 I� (i') 805-781-5252. 1 (F) 805-7811229
ItoA@co slu.ca i is 151ocou11G'y ca,Pov
intersectiorl. We Welcome that participation and means to provide the residents of the area, as well as
regional traffic, an enhancement which will allow traffic to flow as the area continues to build out.
Please let me know if you have any questions regarding our offices review of the project. You may reach
me at (805) 781 -4463.
Sincerely,
DAVE FLYNN
Deputy Director
C: Chuck Stevenson, San Luis Obispo Planning Commission Chairperson
Hannah Miller, District 3 Legislative Assistant
Stephen Peck, Peck Planning and Development
File: Road No. 2089
L:\Management\2017\August\Buckley Road Letter to City of SLO 8-23.171,doCxDF:sm
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