a1-1 COUNTY OF SAN LUIS OBISPO DEPARTMENT OF PLANNING AND BUILDING STAFF REPORT Promoting the wise use of land Helping build great communities MEETING DATE March 27, 2014 DETERMINATION DATE March 20, 2014 CONTACT/PHONE Megan Martin mamartin@co.slo.ca.us (805) 781-4163 APPLICANT County of San Luis Obispo - General Services Agency FILE NO. DTM2013-00004 SUBJECT Determination of conformity with the General Plan for the proposed transfer of a portion of one County-owned parcel located at 50 San Juan Street in Avila Beach. The parcel is located within the Recreation land use category and within the community of Avila in the San Luis Bay Coastal planning area. RECOMMENDED ACTION Receive and file the determination that the proposed transfer of the parcel by the General Services Agency is in conformity with the County General Plan. ENVIRONMENTAL DETERMINATION This General Plan Conformity Report is not considered a project under CEQA and therefore does not require an environmental determination. Any subsequent land use permit application, however, would require an environmental determination. LAND USE CATEGORY Recreation COMBINING DESIGNATION ASSESSOR PARCEL NUMBER San Luis Bay Planning Area 076-212-007 Coastal, Avila Beach Specific Plan, Coastal Zone, Flood Hazard SUPERVISOR DISTRICT(S) 3 PLANNING AREA STANDARDS: Avila Beach Specific Plan, San Luis Bay Planning Area Coastal, Coastal Appealable Zone, Section 23.07.120 Local Coastal Program Area, Coastal Special Community, Coastal Access Area, Visitor Serving Area LAND USE ORDINANCE STANDARDS: Section 23.04.032 Site Design Standards Recreation Category Section 23.07.060 Combining Designation Standards Flood Hazard EXISTING USES: Central Coast Aquarium Marine Science Facility SURROUNDING LAND USE CATEGORIES AND USES: North: Recreation / Golf Course South: Recreation / Avila Beach TOPOGRAPHY: Gently sloping PROPOSED SERVICES: Water Supply: Avila Community Services District Sewage Disposal: Avila Community Services District Fire Protection: Avila Fire Department East: Commercial Retail / Motel (51-100 units) West: Recreation / Beach ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE DEPARTMENT OF PLANNING & BUILDING AT: COUNTY GOVERNMENT CENTER SAN LUIS OBISPO CALIFORNIA 93408 (805) 781-5600 FAX: (805) 781-1242
a1-2 DTM2013-00004 / County of San Luis Obispo General Services Page 2 PROJECT DESCRIPTION The General Services Agency intends to request approval from the County Board of Supervisors to transfer land to the Avila Beach Community Services District (ABCSD) in order to accommodate a request from Central Coast Aquarium to expand their facility. The land the Central Coast Aquarium is currently located on is owned by the ABCSD (APN 076-212-008). The property to be transferred is a portion of Avila Beach Park (APN 076-212-007). A lot line adjustment was approved by the Subdivision Review Board on February 3, 2014, subject to the filing of a general plan conformity report with the Planning Commission (submitted to you here). GENERAL PLAN CONFORMITY In order to request the Board of Supervisors approval to transfer 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 of Supervisors with respect to the sale or transfer. When the acquisition or disposal of real property, or the construction of structures, is proposed by a public agency within the unincorporated area, the proposal must be evaluated for consistency with the county General Plan before the action is authorized. Pursuant to Government Code section 65100, the Department of Planning and Building is authorized to prepare and issue conformity reports that are required by Government Code section 65402. Because the property transfer is a project that is required to be found consistent with the county general plan, this conformity report is being prepared to satisfy these requirements. The determination of conformity is to be based on the county General Plan including the text, standards, programs, and maps contained therein. Factors that are listed in Framework for Planning, Part I of the Land Use Element that may be considered in determining conformity include, but are not limited to the following: 1. The proposed project bears a reasonable relationship to pertinent policies and mapped locations of the most applicable General Plan elements, specific plan or facility master plan. Staff Response: The proposed project complies with the pertinent policies, General Plan elements, and the Avila Beach Specific Plan because the Central Coast Aquarium is an allowable use within the Recreation land use category as identified by the Coastal Zone Land Use Ordinance and Avila Beach Specific Plan. 2. The project is consistent with the goals, objectives and policies of the Land Use Element and any other applicable General Plan element. Staff Response: Coastal recreational and visitor-serving facilities, shall be protected, encouraged and where feasible provided by both public and private means. Additionally, recreational development and commercial visitor-serving facilities shall have priority over non-coastal dependent uses. The project is consistent with these goals, objectives and policies of the Coastal Zone Land Use Element and the Avila Beach Specific Plan because the project proposes to expand a visitor serving use for the benefit of the community. 3. A proposed construction project is designed in conformance with the standards of the Land Use Ordinance as well as any standards contained in Chapter 8 of the applicable Land Use Element area plan. Staff Response: The future expansion of the Central Coast Aquarium will conform to the standards of the Coastal Zone Land Use Ordinance and Avila Beach Specific Plan, as applicable, as well as any standards contained in Chapter 8 of the San Luis Bay Coastal
a1-3 DTM2013-00004 / County of San Luis Obispo General Services Page 3 Area Plan. Additionally, a Minor Use Permit/Coastal Development Permit will be reviewed and required to be approved prior to the start of construction. 4. The disposal or sale of public property will not eliminate, delay or unreasonably interfere with the opportunity to develop public sites or structures as identified in the General Plan. The proposal should be evaluated for its possible use as a public facility, or for its exchange or sale and subsequent purchase of a better site within the community. Staff Response: The transfer of public property to the ABCSD will not eliminate, delay or unreasonably interfere with the opportunity to develop public sites or structures as identified in the General Plan. The portion of the lot to be transferred is the best site for the expansion of the Aquarium because it is a previously disturbed site, is located adjacent to the existing Aquarium and will not require the removal of any existing park infrastructure within the area. The site is adjacent to an existing public park which is a complimentary use to this aquarium and is proposed to remain unchanged. DETERMINATIONS AND FINDINGS The proposed transfer of the portion of the one parcel totaling approximately 5,196 square feet is in conformity with the county General Plan based on the following findings: A. The transfer of public property will not eliminate, delay or unreasonably interfere with the opportunity to develop public sites or structures as identified in the General Plan. B. The proposed transfer does not conflict with other elements of the County General Plan. Attachments 1. Vicinity Map 2. Land Use Category Map 3. Aerial Map 4. General Services Agency Request February 10, 2014 Staff report prepared by Megan Martin and reviewed by Ryan Hostetter and Nancy Orton.
a1-4 SAN LUIS OBISPO COUNTY DEPARTMENT OF BUILDING AND PLANNING Site Avila Beach URL Pismo Beach PROJECT General Services Agency Conformity Report DTM2013-0004 EXHIBIT Vicinity Map
a1-5 SAN LUIS OBISPO COUNTY DEPARTMENT OF BUILDING AND PLANNING Site PROJECT General Services Agency Conformity Report DTM2013-0004 EXHIBIT Land Use Category Map
a1-6 SAN LUIS OBISPO COUNTY DEPARTMENT OF BUILDING AND PLANNING Portion to be transferred ABCSD Property Avila Beach Park PROJECT General Services Agency Conformity Report DTM2013-0004 EXHIBIT Aerial Map
a1-7 County of San Luis Obispo General Services Agency GENERAL SERVICES Janette D. Pell, Director TO: FROM: NANCY ORTON, PLANNING AND BUILDING DEPARTMENT LINDA VAN FLEET, GENERAL SERVICES AGENCY DATE: FEBRUARY 10, 2014 RE: CC: REQUEST FOR GENERAL PLAN CONFORMITY REPORT AND ENVIRONMENTAL DETERMINATION FOR PROPOSED TRANSFER OF OWNERSHIP OF COUNTY-OWNED LAND AT AVILA BEACH PARK TO THE AVILA BEACH COMMUNITY SERVICES DISTRICT ELLEN CARROLL, ENVIRONMENTAL COORDINATOR MEGAN MARTIN, PLANNING AND BUILDING DEPARTMENT The General Services Agency intends to request approval from the County Board of Supervisors to transfer land to the Avila Beach Community Services District (ABCSD) in order to accommodate a request from the Central Coast Aquarium to expand their facility. The land that the Central Coast Aquarium is currently located on is currently owned by the ABCSD (APN 076-212-008). In order to request the Board s approval to transfer 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 to be transferred is a portion of Avila Beach Park (APN 076-212-007) and is shown as Proposed Parcel 1 in the attached exhibit, Tentative Parcel Map COAL 11-103. The lot line adjustment was approved by the Subdivision Review Board on February 3, 2014, subject to the filing of a general plan conformity report with the Planning Commission. The location of the property is shown on the attached Assessor s Parcel map and aerial photo. Please let me know if there is any additional information that you need. Thank you for your assistance. Linda Van Fleet General Services/Real Property Services Enclosures (3) 1087 Santa Rosa Street San Luis Obispo, CA 93408 Phone: 805.781.5200 www.slocounty.ca.gov/gsa
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