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Home My WebLink AboutReso 70-19 Pre-zone 27.6 acre portion of WARD as Public Facility Zone District & Approval of General Plan & Local Coastal Program• •k k • 1 rmi• • • • OF OF •--• BAY, CALIFORNIA TO PRE=ZONE- •- • OF PARCEL APN 0 AS A PUBLIC FACILITY ZONE- APPROVE OCAL COASTALD ,- AMENDMENTS IN ANTICIPATIONOF NEW WATER RECLAMATION O BE BUILT AT THIS LOCATION, SOUTH555 > D WHEREAS, the City of Morro Bay, California, pursuant to Resolution No. 54-19, authorized staff to initiate proceeding pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, -commencing with Section 56000 of the California Government Code (Act), for annexation of territory to the City of Morro Bay, California; WHEREAS, the principal reasons for the proposed sphere of influence designation and annexation is as follows: a. Tri-W Enterprise, Inc. is the owner of that certain approximately 396.3-acre property within San Luis Obispo County and outside of the City of Morro Bay boundary lines (Property), b. the City of Morra Bay (City) has entered into a Memorandum of Understanding (MOU) with the Tri-W Enterprise, Inc. for the acquisition of a 27.6-acre portion of the Property for the construction and operation of the City's new Water Reclamation Facility, and c. the City intends to use the Subdivision Map Act Exemption identified in Section 66428(a)(2) to create the 27.6-acre parcel to be annexed into the City's boundaries; and WHEREAS, the following agency would be affected by the proposed jurisdictional changes: Agency County of San Luis Obispo Nature of Change Annexation/Sphere of Influence; WHEREAS, the portion of the Property proposed to be included in the City's designated Sphere of Influence and to be annexed are uninhabited, and a map of the boundaries of the Property are shown on Exhibit B; and WHEREAS, the City Council on June 25, 2019 authorized filing of two separate applications with Local Agency Formation Commission of San Luis Obispo County (LAFCO) through Resolutions No. 54-19 and 55-19, which authorized an application with LAFCO for a sphere of influence (SOI) designation and annexation of the WRF site and a SOI designation for the Tri-W remainder parcel. WHEREAS, the City Council's action on June 25, 2019 included adoption of the Plan for Service, Map, and Legal Description which are included as attachments to Resolution 54-19; and HEREAS1 California Government Code subdivision 65859 (a) states, a city may pre - zone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city. The zoning shall become effective at the same time that the annexation becomes effective; and WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on July 16, 2019, for the purpose of considering a favourable recommendation to City Council for pre - zoning of a 27.6-acre portion of parcel APN'073-101-017 which is located outside of the City limits (Case No.: #MIN19-009); and WHEREAS, the current zoning designation in the unincorporated County is agriculture and the City desires to pre -zone this 27.6-acre parcel as public facility; and WHEREAS, the parcel is currently vacant and will be the location of the City's new Water Reclamation Facility, and a map of the boundaries of the parcel are attached hereto as Exhibit B; and WHEREAS, the City's General Plan Policy LU-22 states growth is to be carefully managed and monitored and allowed only when it can be conclusively proven that all community services can be adequately and economically provided to new residents; and WHEREAS, the City's General Plan Program LU-22.3 states at the time of request for annexation, the City shall pre -zone all lands within its sphere of influence in keeping with the above policy and will utilize all methods available to insure county cooperation therewith. :'rezoning shall be applied to the sphere of influence with the intent to minimize urban expansion and maximize environmental conservation. The sphere of influence areas will not be allowed to annex to the City until the Local Coastal Plan has been amended to include those areas within the LCP Urban -Rural Boundary; and WHEREAS, the California Coastal Commission on July 11, 2019, during its regularly scheduled meeting approved a Coastal Development Permit (CDP) for the City's .Water Reclamation Facility; and WHEREAS, as a modification to Resolution No. 54-19 and pursuant to 14 CCR 15051(b)(2), the City Council of the City requests LAFCO to assume Responsible Agency status regarding compliance with the California Environmental Quality Act (CEQA) regarding the subject annexation and sphere of influence application, with the understanding, (i) the City Council will act as the Lead Agency and (ii) on August 14, 2018, the City Council of the City certified the Final Environmental Impact Report for the Morro Bay Water Reclamation Facility (SCH# 2016081027) (FEIR), for which notices of preparation and availability were provided to LAFCO and LAFCO provided written comments to the FEIR on May 1, 2018, to which the City responded, as required by CEQA; WHEREAS, the impacts of the new Water Reclamation Facility, which will be facilitated by the proposed Public Facility zoning, were considered in a Final EIR for that project, certified on August 141 2018. No additional CEQA review is required for the pre -zoning action. WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered the evaluation and recommendations by staff and the Planning Commission presented at said meeting and accepts the Planning Commission recommendation; and. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: Section 1. The City Council hereby approves a General Plan and Local Coastal Land Use Plan Text Amendments adding the Public/Institutional Land Use Designation as shown in Exhibit A. Section 2. The City Council hereby approves to the General Plan and Local Coastal Land Map Amendments as shown on Exhibit B. Section 3. Staff is directed to submit the Coastal Land Use Plan Amendments to the California Coastal Commission for certification. Section 4. The Coastal Land Use Plan text and map amendments will become effective upon certification by the Coastal Commission if certified without change or with minor changes. If significant changes are made to the amendments, the changes will become effective upon adoption by the City Council, PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 1.3 day of August, 2019 on the following vote: AYES: Headding, Addis, Davis, McPherson NOES: Heller ABSENT: None ATTEST bANA'SWANSON, City Clerk Exhibit A to Resolution 70-19 ...> .- -. - c. Industrial Uses: (1) General Industry: Light industry land uses which do not require materials or equipment which would emit excessive air, audio, water or land pollutants, or would require considerable outdoor storage, are allowable in this designation. The City would like to encourage the location of light industries that would specifically cater to commercial fishing and regional needs, such as machine shops, auto mechanic shops, blacksmithing, cold storage, warehousing and food processing, light manufacturing, component assembling and small parts processing. {2) CoastakDependent Industrial Land Use: This land use specifically relates to those industrial land uses which are given priority by the Coastal Act of 1976 for location adjacent to the coastline. Examples of uses in this designation are thermal power plants, seawater intake structures, discharge structures, tanker support facilities and other similar uses which must be located o or adjacent to the sea in order to function. The Morro Bay wastewater treatment facilities are protected in their present location since an important operational element, the outfall line, is coastal. dependent; see LCP Policy 5.03. (3) Public/Institutional Land Use: Facilities which serve the public, including government buildings and service facilities; or quasi- public facilities such as hospitals and cultural or civic resources. 3. Industrial Land Uses Twe Three industrial land use categories have been established, General (Light) Industrial, arm Coastal Dependent Industrial, and Public/Institutional land uses. B*fth These designations reflect the existence of two basic industrial uses in the City, commercial fishing and processing and public utility and energy land uses, and the City's new Water Reclamation Facility. (1) General Industry: Light industry land uses which do not require materials or equipment which would emit excessive air, audio, water or land pollutants, or would require considerable outdoor storage, are allowable in this designation. The City would like to encourage the location of light industries that would specifically cater to commercial fishing and regional needs, such as machine shops, auto mechanic shops, blacksmithing, cold storage, warehousing and food processing, light manufacturing, component assembling and small parts processing. (2) Coastal- Dependent Industrial Land Use: This land use specifically relates to those industrial land uses which are given priority by the Coastal Act of 1976 for location adjacent to the coastline. Examples of uses in this designation are thermal power plants, seawater intake structures, discharge structures, tanker support facilities and other similar uses which must be located o or adjacent to the sea in order to function. The Morro Bay wastewater treatment facilities are protected in their present location since an important operational element, the outfall line, is coastal - dependent; see LCP Policy 5.03." (3) Public/Institutional Land Use: Facilities which serve the public, including government buildings and service facilities; or quasi -public facilities such as hospitals and cultural or civic resources. Attachment 1, Exhibit B SAY EXISTING LANUSE IF_ m a P 0 - RESIDENTIAL Low Density Residential Medium Density Residential Moderate Density Residential - High Density Residential - Medium Density Residential / Neighborhood Commercial COMMERCIAL Commercial / Recreational Fishing a�' _-` District Commercial - Service Commercial - visitor serving commercial I INDUSTRIAL - Coastal Development Industrial - General (Light) Industrial OTHER OVERLAYS PD PLANNED DEVELOPMENT - Agriculture R RESTRICTED P PARK Environmentally Sensitive Habitat 5 SCHOOL (e) Elementary (h) High School- ® Harbor/ Navigational Ways P/I PUBDC/INSTITUTIONAL I Mixed Use I INTERIM OPEN SPACE Mixed Uses (Harbor) Open Space / Recreation School �- City Limits — •- LAFCO Sphere of Service General Plan and LCP Urban/Rural Boundary IF i r•� 40 ee•IF P d a PD 444 - P/I Asa F/ IF � P i7 O 850 1,700 3,400 5,100 6,800 Attachment 1, Exhibit B CITY OF MORRO BAY PROPOSED LAND USE tr s Morro 7 RESIDENTIAL Low Density Residential Medium Density Residential Moderate Density Residential ® High Density Residential 'v _Medium Density Residential /Neighborhood Commercial COMMERCIAL Commercial / Recreational Fishing District Commercial - Service Commercial - visitor Serving Commercial INDUSTRIAL - Coastal Development Industrial -General (Light) Industrial - PublictInstitutional OTHER „., OVERLAYS Agriculture PD PLANNED DEVELOPMENT \ i Environmentally Sensitive Habitat R RESTRICTED i L--- P PARK Cs i Harbor/ Navigational Ways S SCHOOL (e) Elementary (h) High School Mixed Use PillPUBLIC/INSTITUTIONAL i Mixed Uses (Harbor) - I INTERIM OPEN SPACE P -Open Space / Recreation F -School — -- City Limits a e ', _ •— LAFCO Sphere of Service S(h) General Plan and LCP Urban/Rural Boundary G 0 i' r \ ! PD` 'd4 P/I .:.ja d. 850 1.700 3,400 5,100 6,800