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R 3639RESOLUTION N0.3639 A RESOLUTION OF APPROVAL OF A MEMORANDUM OF AGREEMENT BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE WITH THE COUNTY OF SAN LUIS OBISPO LOCAL AGENCY .FORMATION COMMISSION PROCEEDINGS TO UPDATE THE SPHERE OF INFLUENCE AND MUNICIPAL SERVICE REVIEW WHEREAS, the San Luis Obispo Local Agency Formation Commission is required to develop and determine the updated Sphere of Influence for the City of Arroyo Grande pursuant to Govemment Code Section 56425 as part of its periodic review of Sphere of Influence for every City and Special District et. seq. in the County of San Luis Obispo; and WHEREAS, the City Council on November 12, 2002 approved a Resolution of Application to the San Luis Obispo Local Agency Formation Commission to initiate proceedings for the City of Arroyo Grande Sphere of Influence Update as authorized and in the manner provided by the Cortese-Knox-Hertzberg Local Govemment Reorganization Act of 2000 (Govemment Code Sections 56000 et. seq.); and WHEREAS, the CKH Act requires a Memorandum of Agreement between the City and County within 60 days of the Resolution of Application and subsequently approved by LAFCO as a prerequisite to Sphere of Influence Update and Municipal Service Review Report adoption; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Memorandum of Agreement (MOA) with the County of San Luis Obispo regarding LAFCO proceedings to update the SOI and MSR, attached hereto as Exhibit 'A', is approved, AND BE IT FURTHER RESOLVED that the Mayor is authorized to sign and submit the original MOA to LAFCO with a copy transmitted to the County of San Luis Obispo Board of Supervisors for like approval. On motion by Council Member Lubin, seconded by Council Member Costello, and by the following roll call vote, to wit: AYES: Council Members Lubin, Costello, Dickens, Runels and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 10"' day of December 2002. RESOLUTION N0.3639 TONY M. F RA, MAYOR ATTEST: KEL WET ORE, ADMINISTRATIVE SERVICES DIRECTORI DEPUTY CITY CLERK APPROVED AS TO CONTENT: _.... e EN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI OTHY ARMEL, CITY ATTORNEY EXHIBIT A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND THE COUNTY OF SAN LUIS OBISPO REGARDING THE CITY'S SPHERE OF INFLUENCE This Agreement is entered into on this day of 2002, by and between the City of Arroyo Grande (hereafter "City") and the County San Luis Obispo County (hereafter "County"). WITNESSETH WHEREAS, the Cortese/I{rtox/Hertzberg Act ("the Act") requires the Local Agency Formation Commission (I.AFCO) to update the Spheres of Influence for all applicable jurisdictions in the County every five yeazs; and WHEREAS, a Sphere of Influence is defined by Government Code 56076 as a plan for the probable physical boundaries and service azea of a local agency, and pursuant to Government Code 56425 has been identified by the County of San Luis Obispo and the City of Arroyo Grande 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 prepazed 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 Arroyo Grande and changes to the City's Spheres of Influence; and WHEREAS, the Act strongly 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 Memorandum of Agreement Page I City of Arroyo Grande and County of San Luis Obispo WHEREAS, the City and County have reached an agreement regarding the boundaries (Exhibit A), development standazds and zoning requirements (Exhibit B); 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 Arroyo Grande 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 azeas in the Sphere of Influence. 3. The development standazds 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 standazds for the azeas in the City of Arroyo Grande's Sphere of Influence and do not supersede or limit the planning or environmental review process of either jurisdiction. Memorandum of Agreement Page 2 City of Arroyo Grande and County of San Luis Obispo Mayor, City Council City of Arroyo Grande APPROVED AS TO FORM AND LEGAL EFFECT: City Counsel Dated: ATTEST: City Clerk Dated: Memorandum of Agreement Page 3 City of Arroyo Grande and County of San Luis Obispo Chair, Board of Supervisors County of San Luis Obispo APPROVED AS TO FORM AND LEGAL EFFECT: County Counsel Dated: ATTEST: County Clerk Dated: Memorandum of Agreement Page 4 City of Arroyo Grande and County of San Luis Obispo 1. Exclude from existing SOI Exhibit A _ ~ CITY OF ARROYO GRANDE Proposed Sphere of Influence November -2002 ~_ PISMO BEACH /; /~-.; him ! - _ &ey, itll ,, c' , _ '.I Pair Oeke Avenue - ~~~ ~ . f; Area remains in Existing SOI ~ __ (Outside User Aoreementl A -.... 5. Exclusion of Triangle Lot OCSD requests to serve area (Coker-Ellsworth) Anoyo GnnN City Lhnae ~:~,~ Adopted SpMree of hdlwnu antl Servlu (CObrmineue e:upl vrftera noted) --'~-~~ Adoped SpMn of Service (an1Y) naoeee m.is~ nMre ~~mw Memorandum of Agreement City of Arroyo Grande and County of San Luis Obispo ~~ .•. .. _ :~ 2. Add area to SOI (200 acres -Williams) ~'~e /' _ ~ 3. Add area to SOI (developed Ys to Yz acre lots) 4. Add existing Tract 1724 Church to SOI Page 5 ~~.,.v ~. (4 -.y \ ~~ ~~ - ~'/ Qo' ~i c_. r ~ ~'~" a .~ :: 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 Arroyo Grande and the County to develop 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 towazds 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 Environrnental 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. In particulaz, the County shall consult and provide the City with opportunities to comment on projects that propose to intensify the land use pattern along the northern boundary. The City shall seek the County's comment regarding projects that affect unincorporated azeas 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: Warren Hoag, Principal Planner Rob Strong, Duector Department of Planning and Building Community Development County Government Center 214 East Branch San Luis Obispo, CA 93401 Arroyo Grande, CA 93420 This provision shall not supercede or terminate other methods of commenting or providing feedback regazding a proposal or project, but is meant to enhance Memorandum of Agreement Page 6 City of Aaoyo Grande and County of San Luis Obispo and increase interagency cooperation and communication. 3. Interim Development. To the extent possible, the County shall limit the development in the Northern Arroyo Grande Fringe Area to be removed from the City's Sphere of Influence area to what is allowed under current land use designations. This includes compliance with the standards regazding the Residential Rural and Residential Suburban land use categories found in the County's San Luis Bay Area Plan. 4. City/County Shared Services, Infrastructure, and Facilities. The County and City will evaluate the creation and implementation of various assessment and financing mechanisms to provide for the construction and maintenance of public improvements and services, such as; roads, Fire and Police emergency response, utilities, recreation and trail improvements, historical and cultural pazks, and similaz improvements that could serve visitors and residents of the City and the County. Special consideration shall be given to the possible development of impact fees that could assist the County in maintaining roads, and other transportation infrastructure in the unincorporated azea adjacent to the City where impact fees aze not currently chazged. 5. Environmental Constraints. The City and the County shall base their recommendations and decisions for the 180 acre Frederick site (already within the City's SOI) and the 200 acre Williams site (to be added to the SOI) on an environmental constraints analysis that studies resources such as, but not limited to; sensitive habitats, 100 yeaz flood plain azeas, agricultural lands with class I, II or III soils, open space resources, cultural resources, and areas of greater then 30% slopes. The Constraints Analysis shall be used to help prepare the Specific Plan for these SOI azeas. Further, the SOI areas shall be developed in a phased manner, with the SOI azea closest to the City (Fredericks) being considered first as called for in the City's General Plan, and the Williams property being considered after the Frederick project receives approval and is annexed into the City. Memorandum of Agreement Page 7 City of Arroyo Grande and CounTy of San Luis Obispo 6. Agriculture and Open Space. To the greatest extent possible, the City and the County shall work together to preserve the agricultural and open space resources in the SOI area and Planning Area, particulazly the portion south of and surrounded by the City Limits. Special attention shall be given to addressing the criteria contained in Agricultural Policy 24 (Exhibit C) of the County's Agriculture and Open Space Element. This shall be evident in the prepazation of the Constraints Analysis and Specific Plan. The remainder of agricultural azea outside the SOI shall not be included in the Constraints Analysis and City Specific Plan. 7. Land Uses. The proposed area being added to the SOI as described in Exhibit A may include, but are not limited to residential, mixed-use, public facilities, visitor- serving, agriculture uses, and/or recreational uses dependent upon the preparation of a Specific Plan for the azea. 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 San Luis Bay Area Plan to reflect the annexation of territory to the City of Arroyo Grande. The County shall also consider policies for the northern part of the City/County boundary, currently zoned Residential Suburban, that limit the intensification of land uses in the area. The County shall consider placing the southeast portion of the Sphere of Influence into one Planning Area, preferably the San Luis Bay planning area. 9. Zoning Requirements/Specific Plan. A Specific Plan, which identifies land uses within the Sphere of Influence areas, shall be prepazed and adopted by the City prior to the annexation of the property into the City. The Plan shall be prepazed in accordance with the City's General Plan and subject to environrnental review Memorandum of Agreement Page 8 City of Arroyo Grande and County of San Luis Obispo which 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. Policies in the City's General Plan may apply to the SOI azea include, but aze not limited to: • Land Use #10 Utilize Conservation/Open Space, Planned Development and/or Specific Plan districts or combining designations for areas of special site development concerns. • Land Use #11 Promote a pattern of land use that protects the integrity of existing land uses, azea resources and infrastructure and involves logical jurisdictional boundaries with adjacent communities and the County. • Land Use #12 Components of "rural setting" and "small town character" shall be protected. Each of the above policies have "sub-policies" that more cleazly define the elements and issues to be considered in the Specific Plan prepazed for the SOI azea. Policies in the County's Agricultural and Open Space Element that may apply to the SOI area include, but are not limited to: • Agricultural Policy #24 Conversion of Agricultural Land, which is attached to this agreement in Exhibit C. 10. Timing of Actions. Several actions will be completed prior to the City annexing properties located in the Sphere of Influence as shown in Exhibit A. Please note the tazget dates are intended to be advisory in nature: Memorandum of Agreement Page 9 City of Arroyo Grande and County of San Luis Obispo Action Agency Tazget Date 1. Sphere of Influence Update/MSR LAFCO 2002 2. Project Referrals County and City On-going 3. Phase 1-Fredericks Property Specific Plan Preparation City of Arroyo Grande 2005-2010 Prezoning & Annexation City of Arroyo Grande/LAFCO 2010 4. Phase 2-Williams Property City of Arroyo Grande Specific Plan Preparation City of Arroyo Grande/LAFCO Prezoning & Annexation 2005-2010 S. Other smaller sites Annexation Request &Pre-zoning City of Arroyo Grande Annexation Consideration LAFCO Memorandum of Agreement Page 10 City of Arroyo Grande and County of San Luis Obispo EXHIBIT C COUNTY AGRICULTURE AND OPEN SPACE POLICY #24 Memorandum of Agreement Page 11 City of Arroyo Grande and County of San Luis Obispo AGP24: Conversion of Agricultural Land. a. Disrnurage the conversion of agricultural lands to non-agricultural uses through the following actions: Work in cooperation with the incorporated sties, service districts, school districts, the County Department of Agriculture, the Agricultural Liaison Board, Farm .Bureau, and affected community advisory groups to establish urban service and urban reserve lines and vffiage reserve lines that ~t~ll protect agricultural land and will stabilize agriculture at the urban fringe. 2. Establish clear criteria in this plan and the Land Use Element for changing the designation of land from Agriculture to non-agricultural designations. 3. Avoid land redesignadon (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 reserve lines tmless they serve a rural ftmction or there is no feasible alternative location within the urban and village reserve lines. Discussion: The purpose of this policy is twofold: to protect agrculttual land at the urban fringe by limiting the expansion of urban development; and to discourage urban suburban sprawl by preventing "leapfrog" development into the agricultural azeas of the county. Agricultural land is often convened to other uses for a variety of reasons, including: urban growth pressttres, rising land values and speculation, competition between urban and agricultural uses, the desirability of large-lot rural homesites, subdivision of agricultural properties into parcels too small to sustain agricultural uses, piecemeal LUE amendments to non-agricultural land use categories, and a lack of policies that clearly define under what circumstances agricultural lands should be converted to other uses and land use designations in the general plan. This conversion of agricultural land has the potential to seriously erode the long-term protection of agricultural resources. Even with the strong Williamson Act program in the county, there has been pressure to convert agricultural lands to other non-agricultural toes. Since adoption of the LUE in 1980, over 3,000 acres of land have been rezoned from the Agriculture category to non- agriculttual land use categories in the unincorporated areas of the county. Statistics from the state Department of Conservation's farmland mapping program show 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 TIm AGRICULTURE Er-ESfsivr 2-SO AGRICULTURE & OPEN SPACE ELEbfENT AG&OS Ctv+P2 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 envvonment, distribution of land uses, phasing of -urban development, and the provision of public services and facilities. Consistent with those goals, specific criteria should be developed for when it may be appropriate to convert agricultural lands to ocher uses. The criteria should include, but not necessarily be limited to, the following: ** Do not expand existing urban or village areas until such aeeas are largely built-out, or until such time as additional land is needed to accommodate necessary uses or services that cannot otherwise be accommodated within the existing urban or village area. ** Urban or village expansion should occur only where contiguous to an existing urbanlvillage reserve line, as shown in the concept diagram in Figure 2-5, or where an entirely new urban or village area is needed in order to direct development away from surrounding agricultural or open space resources. ** Where urban expansion is to occur, it shall be annexed to an incorporated city or an existing community services disuact/county service area. The annexation shall occur only where the clustered development from rural property is to be located adjacent to the urban area, or when higher density development is to occur and where such development is consistent with resource and service capabilities and orderly extension of urban services. ** Where agricultural land is proposed for conversion to urbanJsuburban uses, give 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, and rangelands far grazing. AGRICULT[7RE & OPEN SPACE ELEf~NT 2-51 Tt¢ AGR[Ct7LTtktE ELEMENT AG&OS_CAAe2 RESOLUTION N0.3639 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3639 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10~' day of December, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13~' day of December, 2002. KELLY~INETI~II~ORE, AIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK