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HomeMy WebLinkAbout2003-024 SLOCO LAFCO Sphere of Influence Eagle Ranch �"` CITY OF CONTRACT# '�'ATASGADEI�O - ==_=3 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE COUNTY OF SAN LUIS OBISPO REGARDING THE CITY'S SPHERE OF INFLUENCE This Agreement is entered into on this day of ', /! 2 _ , 2003, by and between the City of Atascadero (hereafter "City") and the County San Luis Obispo County (hereafter "County") WITNESSETH WHEREAS, the Cortese/Knox/Hertzberg Act ("the Act") requires the Local Agency Formation Commission (LAFCO) to update the Spheres of Influence for all applicable jurisdictions in the County every five years, and WHEREAS, a Sphere of Influence is defined by Government Code 56076 as a plan for the probable physical boundaries and service area of a local agency, and pursuant to Government Code 56425 has been identified by the County of San Luis Obispo and the City of Atascadero as contained in Exhibit A, and WHEREAS, the Act further requires that a Municipal Service Review be conducted prior to or, in conjunction with, the update of a Sphere of Influence and such a Municipal Service Review has been prepared by LAFCO staff in accordance with Section 56430 of the California Government Code as a means of identifying and evaluating public services provided by the City of Atascadero and changes to the City's Spheres of Influence and Service, and WHEREAS, the Act encourages the City and County to reach agreement regarding the boundaries (Exhibit A), development standards, and zoning requirements (Exhibit B) to ensure that development within the sphere occurs in an orderly and logical manner; and WHEREAS, the City's General Plan provides a clear policy base for growth and development in the Sphere of Influence areas and defines programs that the City will implement to ensure the preservation of the agricultural land, open space and the rural character of Atascadero, and Memorandum of Agreement 1*800, Iftof s City of Atascadero&County of San Luis Obispo — City's Sphere of Influence Page 2 of 11 WHEREAS, the County's General Plan goals in Framework for Planning and the Salinas River Area Plan calls for Community Separators to provide for a community's distinctive identity and preserve the rural character of the areas between and on the fringes of communities and cities, and WHEREAS, the City and County have reached an agreement regarding the Sphere of Influence boundaries (Exhibit A) and the development standards and zoning requirements (Exhibit B), and WHEREAS, the Eagle Ranch Area includes approximately 400 colony lots, many of which have been certified as legal by the County, and the Atascadero Mutual Water Company is able to provide water service to these lots, therefore much of the Eagle Ranch Area can be developed in the County using the existing lot configuration, and WHEREAS, LAFCO is required by Government Code 56425 (b) to give great weight to this agreement in making its final determination of the city's Sphere of Influence NOW,THEREFORE, the parties agree as follows 1 The Sphere of Influence boundary contained in Exhibit A provides for the orderly and logical growth for the City of Atascadero and represents an appropriate 20-year growth boundary based on existing 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 County for the areas in the Sphere of Influence 3 The development standards and zoning requirements contained in Exhibit B are intended to provide the City and the County with the basis for developing specific land use policies and standards for the areas in the City of Atascadero's Sphere of Influence and do not supersede or linut the planning or environmental review process of either jurisdiction. Memorandum of Agreement City of Atascadero&County of Sas Obispo City's Sphere of Influence Page 3 of 11 Jerry Cl Sr , Mayor, l Chairman, Board of Supervisors jity of ascadero County of San Luis Obispo APPROVED AS TO FORM AND LEGAL EFFECT a 1� Iq Cvv ity V unsel County C unsel Dated. /` /,'off Dated. 7 --1211 0 ATTEST °i a City Clerk i� County Clerk Recorder Dated. � %- Dated. 2 -C> { °NM 2n , Pq Pi119�1 'i'a'{a, '�9�♦ P d 4 QP IL Sphere of Influence g 1 Eagle Memorandum of Agreement City of Atascadero&County of Saps Obispo City's Sphere of influence Page 5 of 11 EXHIBIT B DEVELOPMENT STANDARDS AND ZONING REQUIREMENTS The following development standards and zoning requirements are agreed to and shall be used by the City of Atascadero and the County to guide development within the proposed Sphere of Influence as described in Exhibit A and to update their General Plans. 1 Intent. It is the intent of the County and the City to work cooperatively towards the goal of developing the agreed upon Sphere of Influence (as shown in Exhibit A) in an orderly and logical manner consistent with the Cortese/Knox/Hertzberg Act, the City and County General Plans, the California Environmental Quality Act and any other applicable laws and regulations. 2. Interagency Cooperation. The City and the County shall work cooperatively on planning for land use, circulation connections, agricultural land and open space preservation by referring discretionary development projects and General Plan Amendments within each agency's jurisdiction to the other for review and comment prior to action on a development proposal. The County shall seek the City's comment regarding projects in the area between Vineyard Drive and Cuesta Grade, between the ridges east of the Salinas River and Cerro Alto Campground. The City shall seek the County's comment regarding projects that affect unincorporated areas surrounding the fringe area of the city When a discretionary project application is accepted for processing, it shall be referred immediately to the following contact person(s) for early review and comment: Principal Planner Long Range Planning Community Development Director Department of Planning and Building Community Development County Government Center 6500 Palma Ave. San Luis Obispo,CA 93401 Atascadero,CA 93422 This provision shall not supersede or terminate other methods of commenting or providing feedback regarding a proposal or project. 3 Interim Development. The County shall limit the development in the Sphere of Influence area to that which is allowed by the current land use designations. The County and City acknowledge that the proposed SOI area includes several parcels not Memorandum of Agreement City of Atascadero&County of Sates Obispo City's Sphere of Influence Page 6 of 11 under Williamson Act Contracts that could be developed with single-family homes Residences and other currently allowable uses may be permitted pursuant to the land- use policies and standards of the County Recognizing that the existing Colony lots have entitlements to water supply from Atascadero Mutual Water Company, it is the intent of the City to provide other services to these areas when they are eventually annexed to the City The County shall give great weight to this fact when reviewing projects in this SOI area. The property within the SOI and a significant number of acres outside the SOI, are presently under contract for Williamson Act. However, the property owner of the land in the proposed SOI has filed for non-renewal and the contracts will be terminated on January 1, 2009 Any project proposed in the County and within the proposed SOI area that is subject to an Initial Study under CEQA, shall cause the City and County representatives to call for a conference to discuss the proposed project, prior to completion of the Initial Study The purpose of the conference would be to discuss the City's and County's General Plan policies with regard to the project and to identify any key issues that may need special attention. 4 City/County Cooperation. For any project proposed prior to annexation, the County and City will cooperate to evaluate the creation and implementation of various assessment and financing mechanisms for the construction and maintenance of public improvements, such as roads, utilities, recreation and trail improvements, parks and open space, and similar improvements that could serve visitors and residents of the City and the County 5 Constraints Analysis. A constraints analysis that studies resources and issues such as, but not limited to biology, oak woodland habitat, 100 year flood plain areas, agricultural lands and soils, open space resources, cultural resources, topography and steep slopes, circulation, visual and fiscal implications shall be prepared for the SOI area. The Constraints Analysis shall be used to prepare the Specific Plan, and shall be completed prior to the preparation of the formal CEQA documentation. Memorandum of Agreement City of Atascadero&County of Sante„s Obispo , City's Sphere of Influence Page 7 of 11 6 Agriculture and Open Space. Prior to annexation by the City, the City and the County shall work together to preserve the agricultural and open space resources in the SOI area. Special attention shall be given to addressing the criteria contained in Agricultural Policy 24 (or as updated by the County) of the County's Agriculture and Open Space Element (Exhibit C) This shall be evident in the preparation of the Constraints Analysis, Specific Plan and Environmental Impact Report. The remainder of agricultural area outside the SOI shall not be included in the Constraints Analysis or the City's Specific Plan. However, should any development occur in the area outside the SOI which differs from its current configuration, this remaining area may be separately analyzed by the County to identify possible conservation and development options for the agricultural lands. Options to be considered for the area outside the SOI may include transferring density to the SOI area, agricultural preserves, agriculture clustering of development, or other preservation measures 7 Land Uses. The proposed areas being added to the SOI as described in Exhibit A may include residential, maxed-use, public facilities, visitor-serving, agriculture uses, open space, and/or recreational uses in a manner integrated into the citv's plans for annexation and development for this area. The Smart Growth Principals adopted in the City's General Plan shall be used as a basis of preparing plans for the area. 8 General Plan Amendment. The City intends to complete pre-zoning, pre- annexation, and any necessary pre-general plan amendment activities prior to or concurrent with an annexation proposal being processed by LAFCO The County intends to complete any necessary amendments to its General Plan in the Salinas River Area Plan to reflect the annexation of territory to the City of Atascadero 9 Zoning Requirements/Specific Plan. A Specific Plan, which identifies land uses within the Sphere of Influence areas, shall be prepared and adopted by the City prior to or concurrent with the annexation of the property into the City and in accordance with it's General Plan CEQA review of the Specific Plan shall include analysis of issues related to completing the annexation, such as a reliable and adequate water supply, sewer capacity, and other services for the proposed project. The Specific Plan for the Sphere of Influence area shall be prepared consistent with Policy 12 (Exhibit D) of the City's General Plan. Programs related to the Sphere of Influence area in the Memorandum of Agreement City of Atascadero&County of Saiy,,.e Obispo City's Sphere of Influence Page 8 of 11 City's General Plan that shall be implemented under policy 1.2 include eight, nine, ten, and eleven. 10 Process and Timing of Actions. Several actions are scheduled to be completed prior to the City annexing properties located in the Sphere of Influence as shown in Exhibit A. Please note the target dates are intended to be advisory in nature Action Agency Target Date 1 Sphere of Influence Update/MSR LAFCO 2003 2. Project Referrals County and City On-going 3 Non-renewal of Agriculture Preserve County of San Luis Obispo 2009 4 Specific Plan Consideration City of Atascadero 2004-2008 5 Annexation Request& Pre-zoning City of Atascadero 2005-2009 6 Annexation Consideration LAFCO 2007-2009 Memorandum of Agreement City of Atascadero&County of Saes Obispo ,. City's Sphere of Influence Page 9 of 11 EXHIBIT C County's Agricultural-Open Space Element Policy#24 AGIP24: Conversion of Agricelltinr Lend. a* courage the conversion of agricultural lands to non-agricultural ems througt the Mewing actim: I. 'work in cooperation with the incorporated cities, sere districts, school districts, the County Dtpartiinent of.Agricultrtre, the Agricultural liaison Board, F.um Bureau, and affected toninninity ad wi ry"groups to establish orban sere and urban reserve limes and village reserve Duxes that gill protect agricultural land and will stabilize agriculture at time urban fringe. 2. Establii rlear criteria is this plate and the lwd Use Element for changing the designation of larxd from Agfr rupture to non-a v ltuaral adeigna tii . 3. Avof& land cedes (rezoning) that would t reate new aural residential development outside the urban and village resme lino. 4. Avoid locating new public facilities outside urban and village reserve lines unless they serve a rural fiula►cetion or there is no feasible alternative locatitmn within the urban and village resve lig. DbarWon The purpose of this policy is twofold.to protect agricultmi land at the urban fringe by limiting the expansion of urban developnagot;and to discourage urbantsuburban sprawl by printing "leaps " tlevelopnent into the agricultural areas of the court Agricultural land is often convertad to€rather uses for a varitty of masons,including:urban growth pressures, ri g land values and speculation, competition between urban. and. agricultural uses, the dekr2Nity of large-lot rwW homesites, subdivision of agricultiMW properties iota parcels too small to sustn agneultural uses,piecemeal LUF-ammidments to non-agricultural use categories, and a lack of policies that fly dine under what cirmmstances agricaultural later shoWd be cmverted to W= uses mid land use designations in the generA plan. This Wnv o n of agricultural land has the potential to seriously sly a—ode the long terms pr&a=oen of agncul cal resour . Even with the strox*Williamson Act program in tho county* thin has been pressure to convent agricultural lands to o d=note.-agr cultural uses: Since adoption of time LUE in 198D,over 3,000 acres of W have been r=ned from the Agriculture category to non- agricultural lam use categories in the unirworporated areas of dw county St sdcs tom.ft state Depariftnent of Conservation's Band mapping program show that in the period between 1984 and 1995(the last year for which statistics are available), the was an overall.decrease:in agriculun-A land of about 14,8W acres. 'There was a net Memorandum of Agreement City of Atascadero&County of SaObispo *0001,City's Sphere of influence ' °"01111 Page 10 of 11 incre -af Prim1~Farmland d=t4 inttsitication(per ily irrigated.vi ' ),however, the;net acreage of Farland of Statewide Importance.also declined by 783 mss. The LUE contains a mmsber of general goals that focus on the clisvironnlent, distribution of land uses, phasing of urban development, and tho provision of public services and facilities. Consis rmt.with those goals,specific criteria sh(xdd be developed for when it may be appropriate to convert agricultural lanlis to other uses The enteria sbouald include, but not necessarily be kited to, the following. *� Do not expand emstmg urban or village areas until such areas are largely built-ouit, Or uafi such fitne ars adonal land is needed to accommodaft necessary fuses or services dw cannot otherwise be accommodated within the existing urban or village area. Urban or village expansion should occur only where contig us to an e4sftg urba village reserve he, as shownin the concept diagrain in Figure 2-5, or where an entirely new urban or village area is wed in order to dire' development away from surrounding agriculm-Al or open space resources. ** Where urban ex�ansion is to oar, it shall be am=cd am= to an incorporated city or an Ming commiWty sem=district/county service area. The amexat on shill o=tr only wherc thr chstered developralient from rural property is to be located adjacent to the urban area, or when higher density development is to occur and wh= such dcvclopinenrt is consistent with resources acrid service capabilides and orderly exu=iota of urban services:. ** Where agricultur-al land is proposed for conversion to urban/suburban mss, give consideration to the protan of agricultural lands in the following priority order- row crop terrain and sots, speciaky cro-ps and forage hands, dry farm lands, and rangelands for grazing. Memorandum of Agreement City of Atascadero&County of Sa,, Obispo r City's Sphere of Influence Page 11 of 11 EXHIBIT D City of Atascadero General Plan Policies Cd Aftswkltftt Policy 1.2: Ensuretha,rural tfs ectsroi'.Atascad a is preserved by respetfiftg tfre historic colony boundaries and coopeW#with the Cwntyon regional pianning is!;ms surmundiag tfw Colony. pmgrarns. 1 The ultimate General Chan development boundary shall be the Urban Deserve Lite show In r1gure 11.5. The Urban Reserve line approximates the hlstatir.1913 Atascadero Colony boundary and is recognized as the Wilmate boundary for the City of Atascadero,expansion beyond this boundary is inconsistent with the General Plan. 2- Develop agreements with the County to maintain rural residential,agricultural and open space uses beyond the Urban Reserve Line,indudrtg continuation of existing agricWtural ttses- 3. Work-MM the County to maintain a greenbelt and rural land use patterns outside tw Urban Deserve Line and t6 create an agricultural buftr around the odginW:Colony boundary 4 In cooperation with the County consider astablishing a greenbelt of t6er type of buffer berm Aft i dere and Templeton. S. Oppose any land use changes east of the Safihas river!tat would result W more. arrlefisbma at higher density development. 6_ Oppose any land use changes:by the Cotmity Within UnihdOtporated portions:of the Caiany&at would result in ziore,intaroAae or higher density development 7 aecuta a Memorandum of Understanding vwhareby the County seeks City comment on development proposals in the area between Vineyard Drive and Cuesta Grade, between the ridges east of the Salinas Ritter and Cerro Aft Campground. S. C pperasa vias LAFCO:arm the County to ihcorparatte the Eagle Ranch into the City"s :Sphere of IrAuence for eventual annexabort_ 9. it is the City's peon,that Eagle Ranch:shall be developed vANn the City and any development of tho site prior to armaxatian wtll be opposed_ 10-Prior to the annexatiori of Fags,Ranch a Sptdlic Plan shall be approved by the City which will provida a comprehensive devaloprnant Ian for lire property that address issues inaladIng,clustering of Colony lots.public facilities,circulation fatalities,parks, open space,tonsarvation easemerite.:and a fiscal analysis Of service costs. 11 Update and maintain The Zordnsg Ordinance to designate the Eagle Ranch property as a fixture Sped Plan area fo be subject to fissure envirownental and site-specifio review pilar to annexation. 12.Require the approval of a plarined development and trtaster talars of devetoprutent prior to supporfing a ate+L:FCO annexation request of property located north of`;he San Ramer Interchange an the westsrde of US 101