PLANNING COMMISSION STAFF REPORT

Transcription

1 PLANNING COMMISSION STAFF REPORT TO: Planning Commission DATE: November 9, 2016 FROM: PREPARED BY: SUBJECT: Bruce Buckingham, Community Development Director Bruce Buckingham, Community Development Director Determination of conformity with the General Plan for the property described as APN and a portion of totaling 42,000 square feet. RECOMMENDATION Staff recommends that the Planning Commission adopt the resolution finding that the Countyowned property located immediately south of the Grover Beach Amtrak Station describes as Assessor Parcel Numbers and a portion of are in conformity with the City s General Plan. BACKGROUND The County of San Luis Obispo is requesting the City make a determination on the General Plan conformity and environmental determination associated with the potential sale of County owned property to the City of Grover Beach (reference Attachment 2). The City is intending to acquire the 42,000 square foot property for the expansion of the Grover Beach Amtrak Station (reference Attachment 4). The City Council approved the project to expand the Grover Beach Amtrak Station in The project consists of a 400 square foot bus shelter, bus loading/unloading zone, approximately 40 parking spaces, landscaping, and retention basin. The project is primarily grant funded from Congestion Management Air Quality Program (CMAQ) and Proposition 1B funds. The project expansion area is located on County owned property. In 2008, the City Council, San Luis Obispo County and the San Luis Obispo Council of Governments (SLOCOG) entered into a Memorandum of Understanding (MOU) that the parties would work together on expanding the station. In October 2016, SLOCOG allocated $320,000 which would allow the City to acquire the site from the County. State Government Code Section states that prior to the conveyance of real property by a government agency, the planning agency must first make the finding that the location, extent and purpose of such conveyance is in conformance with the General Plan (reference Attachment 3). This section was enacted more for the purpose of evaluating public right of way dedication or acquisition and street abandonment; however, it is also used in instances where entire parcels are being conveyed. The proposed acquisition by the City would make the property available for uses consistent with the General Plan Visitor Serving Mixed-Use designation and the Coastal Visitor Serving zone. General Plan Land Use Element Policy LU-6.3 indicates that the proposed Amtrak Train Station expansion is a stated goal as follows: Agenda Item No. 2

2 Staff Report: 1176 Ramona Avenue November 9, 2016 Page 2 LU-6.3 Multi-modal Transit Center. The 2.3 acre parcel on State Route 1 immediately adjacent to the existing train station is an appropriate location for the expansion of transit-related facilities to serve the City and region. Development of this site should incorporate the following features: a. A range of uses to complement the train station and serve the transit needs of the City and region and emphasizing visitor serving commercial development as provided by the Local Coastal Plan. Because of noise and other compatibility issues associated with the adjacent railroad and State Route 1, Mixed-Use development with residential uses is prohibited. b. Improved access to the county recreational vehicle park and possible improvement of additional camping facilities. c. Pedestrian and bicycle connections to the train station, the beach and surrounding visitorserving development and the County recreational vehicle park. d. Parking for transit/train patrons and businesses. e. A design that will mitigate for the loss of the small, degraded Federal wetland area utilizing low-impact development features. Based on the above staff recommends the Planning Commission find that the proposed disposition is in conformity with the City s adopted General Plan. ENVIRONMENTAL REVIEW This General Plan Conformity Report is not considered a project under CEQA and therefore does not require an environmental determination. The environmental review process for the project was previously completed. The City Council adopted a Mitigated Negative Declaration for the project in Subsequently, a NEPA evaluation was required as a result of federal grant funds. Caltrans Local Assistance prepare and approved the Categorical Exclusion in March This project including the acquisition of the property addressed by this General Plan Conformity Finding has been previously environmentally assessed under the California Environmental Quality Act (CEQA) and has been assessed under the National Environmental Policy Act (NEPA) and therefore does not increase or add to any environmental impacts not already environmentally assessed. ALTERNATIVES The Planning Commission has the following alternatives to consider: 1. Adopt the resolution finding that the acquisition of the County-owned parcel located is in conformity with the City s adopted General Plan; or 2. Provide alternative direction to staff. PUBLIC NOTIFICATION The agenda was posted in accordance with the Brown Act. ATTACHMENTS 1. Draft Resolution 2. County of San Luis Obispo Memo Dated October 19, State Government Code Section Acquisition Map

3 Attachment 1 RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GROVER BEACH FINDING THAT THE DISPOSITION OF PROPERTY DESCRIBED AS APN AND A PORTION OF APN ARE IN CONFORMITY WITH THE GENERAL PLAN WHEREAS, State Government Code Section stipulates that prior to the disposition of real property by a government agency, the planning agency of the jurisdiction in which said property is located must first make the finding that the disposition of said real property is in conformity with the adopted General Plan of the local jurisdiction; and WHEREAS, this matter is part of a project previously environmentally assessed under the California Environmental Quality Act (CEQA) and therefore does not constitute a change in project description nor create any further or additional environmental impacts not otherwise already environmentally assessed and approved by the City; and WHEREAS, the Planning Commission of the City of Grover Beach has reviewed and considered the staff report, testimony, and evidence at a regular meeting on November 9, 2016; and WHEREAS, the Planning Commission of the City of Grover Beach makes the following findings: 1) The disposition of the property is consistent with the adopted goals, objectives, and policies of the General Plan Land Use Element and any other applicable General Plan element. 2) General Plan Land Use Element Policy LU-6.3 specifically address that the property should be used for the expansion of the Amtrak Train Station. NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Grover Beach DOES HEREBY FIND that the property is in conformity with the City s adopted General Plan. On motion by Commissioner, seconded by Commissioner, and on the following roll-call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: the foregoing RESOLUTION NO. 16- was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City of Grover Beach Planning Commission on this 9 th day of November, JOHN LAFERRIERE, CHAIR

4 Resolution No. 16- November 9, 2016 General Plan Conformity Page 2 Attest: BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR SECRETARY TO THE PLANNING COMMISSION As to form: DAVID P. HALE, CITY ATTORNEY

5 County of San Luis Obispo CENTRAL SERVICES Will Clemens, Director MEMORANDUM TO: COPY: FROM: PROJECT TITLE: RPS PROJECT NO: SUBJECT: Bruce Buckingham, Community Development Director, City of Grover Beach Matthew Bronson, City Manager, City of Grover Beach Shauna Dragomir, County Real Property Manager Surplus Property Sale for Grover Beach Train Station Expansion Project 116R04PPD12 DATE: October 19, 2016 Request for General Plan Conformity and Environmental Determination for Proposed Surplus and Sale of County-Owned Vacant Parcel The County Central Services Department, Real Property Services Division intends to request approval from the County Board of Supervisors on behalf of the County Department of Parks and Recreation, to surplus and sell County-owned vacant property located in the city limits of Grover Beach. In order to request the Board s approval to sell the property, California code requires that a determination of general plan conformity and environmental determination from the local planning jurisdiction be provided to the Board with respect to the sale. The property is described as follows: APN (30,000 Sq. Ft.) and a portion of APN (12,000 Sq. Ft.). The property described above is being treated at one unified subject parcel of approximately 42,000 Sq. Ft. for the purposes of this request and for the surplus and sale. A new legal description has been written and stamped by a license surveyor (although not yet recorded). Attached please find the Assessor s Parcel Map, and the new legal description with exhibit describing this portion of real property. It is intended that the legal description and exhibit will be included in the deed used to convey the property to the City of Grover Beach at the time of the sale. Thank you for your assistance with this matter. Please contact me at (805) should you have questions or need any additional information. Shauna Dragomir County Real Property Manager F:\PROPMGMT\_RPS Policy and Procedure Library\Forms\Memorandum-Template.docx 1087 Santa Rosa Street San Luis Obispo, CA Phone:

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10 Attachment 3 State Government Code Section 65402: Restrictions on Acquisitions and Disposal of Real Property. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city.

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