HomeMy WebLinkAboutResolution 2019-081RESOLUTION NO. 2019-081
RESOLUTION OF APPLICATION BY THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, REQUESTING
THE SAN LUIS OBISPO LOCAL AGENCY FORMATION COMMISSION
TO INITIATE PROCEEDINGS OF ITS SPHERE OF INFLUENCE
AND SERVICE UPDATE
WHEREAS, the San Luis Obispo Local Agency Formation Commission will complete its
determination of the updated Sphere of Influence pursuant to Government Code Section 56425 as
part of its periodic review of Sphere of Influence for every City and Special District in the County
of San Luis Obispo; and
WHEREAS, the Atascadero General Plan includes Land Use Policy 1:2 and- Programs
LOC 1.2.8, 9, 10, and 11 that direct the City to cooperate with LAFCO and -ft C6iiiNbf.San Luis
Obispo on the eventual annexation of previously subdivided land withn`n thJ%Atascadero
Colony map that is included in the City's Urban Reserve Line as shown o�igure-11-5 of *he
General Plan; and —
WHEREAS, the Eagle Ranch area was added to the City ofzl asc�&ro,j• Spher-e of
Influence in 2003 and is currently recognized by LAFCO and San Luis 0Obispo \ounty asan area
to be annexed into the City of Atascadero; and — -
f l WHEREAS, the proposed sphere of influence has been analyzed adequately in the 2002
General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated
pursuant to the that EIR; and
WHEREAS, the proposed Memorandum Of Agreement has been evaluated by the City of
Atascadero and the County of San Luis Obispo and adequately addresses the potential impacts of
future development that is adjacent to but outside of each jurisdiction's boundary.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The foregoing recitals are true and correct and the City Council so finds
and determines.
SECTION 2. The City Council of the City of Atascadero hereby adopts and approved this
Resolution of Application, and the San Luis Obispo Local Agency Formation Commission is
hereby requested to initiate proceedings for the Sphere of Influence Update as authorized and in
the manner provided by the Cortese -Knox -Hertzberg Local Government Reorganization Act of
2000 consistent with the City's Urban Reserve Line and as shown in Exhibit A.
City of Atascadero
Resolution No. 2019-081
Page 2 of 2
PASSED AND ADOPTED at a regular meeting of the City Council held on the 22nd day
of October, 2019. n
On motion by Council Member Fonzi, and seconded by Council Member Newsom the foregoing
resolution is hereby adopted by the following roll call vote:
AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADDER.AO�
" a Heather Moreno, Mayor
A� 9T`
�V
AMVEDTORM:
Brian A. Pierik, City Attorney 1 1
n
ATTACHMENT
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF ATASCADERO AND
THE COUNTY OF SAN LUIS OBISPO
REGARDING THE CITY'S SPHERE OF INFLUENCE
This Agreement between the City of Atascadero (hereafter "City") and the County San
Luis Obispo County (hereafter "County") is entered into by the City on this 22nd day of
October, 2019, and by the County on this 10-6� day of , 2019.
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, as needed; and
WHEREAS, the City and County entered into this Memorandum of Agreement (MOA)
in 2003, and 2011 as part of updating the City's Sphere of Influence (SOI) Update; and
WHEREAS, the City and County have been working together to implement the existing
MOA with regard to the SOI and specifically the proposed Study Area #4 (Formerly the Eagle
Ranch project); and
WHEREAS, this updated MOA assists in clarifying the roles, responsibilities, and
intentions of each jurisdiction and identifies the processes for working together in the future; 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 and agreed to by the County of San Luis Obispo and the City of
Atascadero as shown 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 Sphere of Influence; and
WHEREAS, the City and County have reached agreement regarding the Sphere of
Influence boundaries (Exhibit A), and the provisions that should guide development (Exhibit B)
Memorandum of Agreement
Page 1 of 14
City of Atascadero- County of San Luis Obispo
ATTACHMENT
to ensure that development within the SOI 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 orderly development of the City of Atascadero; and
WHEREAS, the County's General Plan goals in Framework for Planning and the Salinas
River and El Pomar-Estrella Area Plans call 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 Study Area 4 4 (Eagle Ranch Area) includes approximately 452 original
colony lots that much of the Eagle Ranch Area could be developed in the County if issues
associated with access, fire hazards, wastewater and other infrastructure are resolved and
appropriate mitigation is incorporated for the City; and
WHEREAS, LAFCO is required by Government Code 56425 (b) to give "great weight"
to this agreement in making its final determination regarding 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 and current circumstances.
2. The provisions contained in Exhibit B provide guidance for orderly development of the
Sphere of Influence while considering the General Plan for the City and the County.
3. The provisions 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 limit the planning or
environmental review process of either jurisdiction or legally bind either jurisdiction.
4. The City and County shall use their General Plans to guide the logical and orderly
development of these Sphere Areas while protecting agricultural and open space lands.
Memorandum of Agreement
Page 2 of 14
City of Atascadero- County of San Luis Obispo
�IWAT$];lLy
CITY OF ATASCADERO
Mci
Heather Moreno, Mayor
ATTEST:
r
1
ara . Chrisiense , d-' Clerk
Dated: it • 4.
APPROVED AS TO FORM AND LEGAL EFFECT:
Brian A. Pierik, City Attorney
Dated: �U
Memorandum of Agreement
Page 3 of 14
City of Atascadcro- County of San Luis Obispo
ATTACHMENT
COUNTY OF SAN LUIS OBISPO
1>di,P. -Ama is
Chair, Board of Supervisors
ATTEST:
WADE HORTON
Ex -Officio Clerk of the Board of Supervisors
By:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL
County Counsel
t
Dated: I l. J�-- 19
Memorandum of Agreement
Page 4 of 14
City of Atascadero- County of San Luis Obispo
ATTACHMENT
EXHIBIT A
SPHERE OF INFLUENCE BOUNDARY MAP
77 C, Legend N
Major Roads W�E
City Limits
S<o LW Sphere of influence S
Memorandum of Agreement
Page 5 of 14
City of Atascadero- County of San Luis Obispo
ATTACHMENT
EXHIBIT B
PROVISIONS
The following provisions are agreed to and shall be considered by the City of Atascadero and the
County of San Luis Obispo when guiding development within the proposed Sphere of Influence
as described in Exhibit A when updating their General Plans.
1. Intent. It is the intent of the County and the City to work cooperatively towards the
goal of the orderly development of the agreed upon Sphere of Influence (as shown in
Exhibit A) 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 to plan
for future land uses and public services and facilities to improve and maintain area
circulation connections, and to preserve agricultural land and open space. The City and
County will consider 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.
Discretionary development projects and General Plan Amendments within each
agency's jurisdiction shall be referred 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 referral area identified in Exhibit C. Per provision 12 below a higher
level of coordination shall take place for projects in the areas of focus described in that
section. The City shall seek the County's comment regarding projects that affect
unincorporated areas surrounding the fringe area of the city. Face to face meetings,
upon request from either the City or the County, are encouraged for any high-level
projects to ensure the goals of each agency are being met. 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:
Director,
Community Development Director
Department of Planning and Building
Community Development
County of San Luis Obispo
City of Atascadero
County Government Center
6500 Palma Ave
976 Osos Street, Room 300
Atascadero, CA 93422
San Luis Obispo, CA 93408
Memorandum of Agreement 6
City of Atascadero- County of San Luis Obispo
Page 6 of 14
ATTACHMENT
This provision shall not supersede other methods of commenting or providing feedback
regarding a proposal or project.
3. Impact Mitigation. In evaluating any proposed development, the agency considering
approval (City or County) should rely solely on its own capability to provide the
required services to that development. The City and the County shall not presume any
services will be provided by the other agency without documenting that such services
will be provided.
Development/mitigation fees needed to offset the impacts from development projects
approved by either jurisdiction in the Referral Area (Exhibit C) shall be collected and
distributed in a fair and equitable manner. These fees shall be paid to the City and/or
the County in proportion to the location and degree of project impacts; however the
total fees paid shall not exceed the cost to mitigate the specific project impact.
Mitigation to offset significant impacts to fire, law enforcement, emergency medical
services, water and wastewater treatment services, roads and streets, other public
services, and housing, should be incorporated into the conditions of approval for
projects on a case by case basis. Documentation should be provided that identifies the
project's fiscal, infrastructure, housing, and service impacts to both the City and the
County and shall be considered as part of the development review process. The
documentation shall be used to prepare conditions of approval and to allocate impact
fees where allowable and as appropriate.
4. Fire and Law Enforcement Services. Service Levels and costs associated with fire
and emergency response services shall be given special attention. The County and City
shall develop a mutual aid agreement specific to the SOI area and the study areas with
the City's Police and Fire Department, the County Sheriff, and County Fire/Cal Fire
regarding development in the unincorporated areas that would impact fire and
emergency response service levels. This agreement should include the provision of
those services to include open space and trails. The purpose of this agreement is to
identify and discuss fiscal and resource impacts of development related to fire and
emergency services, service delivery impacts of development on the fringe, and
appropriate mitigation and cost sharing measures.
5. Mutual Agreements for Study Area #4 (Eagle Ranch). The County shall limit the
development in the Sphere of Influence area to that which is allowed by the current
land use designations unless General Plan and land use ordinance amendments are
Memorandum of Agreement 7 City of Atascadero- County of San Luis Obispo
Page 7 of 14
ATTACHMENT
approved. The County and City acknowledge that the proposed SOI area includes
several hundred parcels not 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, standards and ordinances 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 if they are eventually annexed to the City. The County shall consider this
when reviewing projects in this SOI area.
Any project proposed in the County and within the proposed SOI area that is subject to
an Initial Study under CEQA, may call for a City -County staff conference to discuss a
proposed project early in the approval process 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.
6. City/County Cooperation. For a County project proposed prior to annexation, the City
and County 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.
7. Agriculture and Open Space. The City and the County shall work together to
permanently preserve agricultural and open space resources within the SOI area using
conservation easements and/or other preservation methods or tools. The open space and
agriculture areas shall be identified in the Specific Plan and EIR.
8. Land Uses. The areas included in the SOI as described in Exhibit A may include
residential, mixed-use, public facilities, visitor -serving, agriculture uses, open space,
and/or recreational uses in a manner integrated into the City's plans for annexation and
development for this area. The City's adopted General Plan Policies will be used as a
basis of preparing plans for the area. The County's policies will be considered by the
City with the purpose of supporting and complementing the City's vision for the area.
Once annexed, the City's General Plan and/or Specific Plan will be implemented for
the Sphere of Influence area. The following goals should be considered in developing
Memorandum of Agreement 8 City of Atascadero- County of San Luis Obispo
Page 8 of 14
r_Nrrally:b•,IaaItf
the Specific Plan:
a. Creation of walkable and bicycle friendly neighborhoods with logical connections
and future transit opportunities if feasible.
b. Planning for a trail system to accommodate pedestrians, bicyclists and equestrians
which connects to the existing community.
c. Development of a range of housing opportunities and choices.
d. A land use pattern that clusters development in a manner that reduces
environmental impacts.
e. Evaluate consistencies with San Luis Obispo Council of Governments (SLOCOG)
Regional Transportation Plan and Sustainable Communities Strategies.
f A land use pattern that addresses jobs/housing balance and lowers vehicle miles
traveled.
9. General Plan Amendment. The City intends to complete environmental review, 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.
10. 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
the annexation of the property into the City. In accordance with its 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, affordable
housing opportunities, and other services for the proposed project. The Specific Plan
for the Sphere of Influence area shall be prepared consistent with Policy 1.2 of the
City's General Plan. Programs related to the Sphere of Influence area in the City's
General Plan that shall be implemented under policy 1.2 include eight, nine, ten, and
eleven.
11. Property Tax Agreement and Process. Revenue and Taxation (R&T) Code §99
provides the state law that governs processing tax exchange agreements for
annexations. R&T Code §99(b)(6) requires that a resolution approving a negotiated
property tax agreement be submitted to LAFCO by both the County and City before
any annexation can be processed. Prior to processing any annexation the City and
County are required to approve a property tax agreement. The City and County may
Memorandum of Agreement 9 City of Atascadero- County of San Luis Obispo
Page 9 of 14
ATTACHMENT
use the existing Master Agreement for negotiations, or they may consider a separate
agreement that specifies a different property tax allocation formula. This is allowed
under the revenue and tax code of the State of California.
The southern area of the City's west side within Study Area #4 which consists of the
former Eagle Ranch area has unique circumstances in terms of services and costs. The
County and City should negotiate a separate tax agreement for the Eagle Ranch area to
address the service issues and costs faced by the City. This special circumstance
includes the existing lot configuration with the potential of approximately 452 original
colony lots. Therefore much of the Eagle Ranch Area could be developed in the County
if access, fire hazard mitigation and other infrastructure can be addressed. Also the
area is adjacent to a larger conservation open space easement area with very high fire
danger. Much of the study area is also considered a very high fire danger that may
increase fire service and risk to the City of Atascadero and surrounding neighbors.
Development of this area will need to address both fire response and emergency
services such as law enforcement and medical aid.
The City and County should take these factors into consideration along with property
tax and tax rate, community facility district contributions, and any other funding
mechanisms to support future development if and when negotiations are started for any
future annexation of the Eagle Ranch site. A special study funded by the County and
City may help identify a tax agreement formula for the agreement.
12. Areas of Focus (Study Areas #1, #2, & 43 see Referral Map Exhibit Q. Areas
surrounding the City's eastern border that includes the Salinas River corridor, Rocky
Canyon Road/Templeton Road, the surrounding agricultural lands, sand gravel landscape
materials, and horse ranches generally have some impacts to various city services such as
roads, recreation, fire and police. Other areas just south of the City are also within the
unincorporated county under Residential Suburban. These areas are outside of the City's
sphere of influence but within the referral area identified in Exhibit C. Under the County's
cannabis ordinance additional negative impacts such as air and visual quality, noise, night
sky, pesticide use, water quality, and misconduct and security measures have the potential
to affect the City and nearby residents. Any future land use changes in these areas should
have a greater meaning on project referrals for review and comment by the City during
county discretionary permitting.
Memorandum of Agreement 10 City of Atascadero- County of San Luis Obispo
Page 10 of 14
ATTACHMENT
Salinas River Area east of the City - This area generally covers 1,124 acres located just east
of City limits and considered as Study Area Two. A total of 58 parcels exist of which 4 are vacant
lots. A total of 199 people reside in the area, average lot size is 19.3 acres. The smallest lot is 0.04
acres and the largest is 175 acres. The average assessed property value is $589,273. This area
includes Mustang Mobile Village consisting of 13 units, Heilmann Salvage & Metals Inc., Ben's
Meat Cutting, and cultivation operations. The City expresses concerns for increased density or
intensity in the area and that existing residences or mobile home parks are adequately
serviced or any new projects approved by the County have adequate services for water,
sewer, fire, emergency response and law enforcement needs.
South Atascadero (Eaglet Area) — This area generally covers 2,082 acres and 743 existing
residences and considered as Study Area Three. A total of 752 parcels exist of which 69 are vacant
lots. A total of 1,911 people reside in the area, average lot size is 2.7 acres. The smallest lot is 0.01
acres and the largest is 21.7 acres. The average assessed property value is $344,556. This area
includes former site of Country Care Convalescent Hospital, which closed in 2017. The City
expresses concerns for increased density or intensity in the area and that existing residences or the
Convalescent Hospital site are adequately serviced or any new projects approved by the County
have adequate services for water, sewer, Fre, and emergency response needs.
Memorandum of Agreement I I City of Atascadero- County of San Luis Obispo
Page 11 of 14
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e
ATTACHMENT
EXHIBIT C
PROJECT REFERRAL MAP
o. ■
STUDY AREA #1: E. SALINAS RIVER/NORTH Hwy 41
STUDY AREA #2: E. SALINAS RIVER/SOUTH Hwy 41
Memorandum of Agreement 13 City of Atascadero- County of San Luis Obispo
Page 13 of 14
ATTACHMENT
EXHIBIT C
PROJECT REFERRAL MAP
cm
STUDY AREA #3: EAGLET/SOUTH ATASCADERO
STUDY AREA #4: FORMER EAGLE RANCH PROJECT
Memorandum of Agreement 14 City of Atascadero- County of San Luis Obispo
Page 14 of 14