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Appeal No A-3-SLO-11-061

Appeal No A-3-SLO-11-061. Applicants Rob & Judi McCarthy, SLO County Permit #DRC2009-00095. The Question: What water source should Rob & Judi McCarthy’s new house at Cave Landing use?.

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Appeal No A-3-SLO-11-061

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  1. Appeal No A-3-SLO-11-061 Applicants Rob & Judi McCarthy, SLO County Permit #DRC2009-00095

  2. The Question:What water source should Rob & Judi McCarthy’s new house at Cave Landing use? • Appellant’s argument: The house should use the existing onsite well for water because the property is outside a USL. • Rob & Judi McCarthy’s argument: The house is inside the USL of CSA-12 and therefore should use water from CSA-12. The San Luis Obispo Planning Commission agrees that CSA-12 is the superior source. However, either water source is acceptable.

  3. Property Information The property is in the Cave Landing area of SLO County: • 37 acres, parceled and zoned Rural Residential • Was a cattle ranch for over 100 years • Inland from privately owned land and a county road • The home site is where the cattle watering tanks once were, and is several hundred feet below the ridgeline • The proposed single family house meets or exceeds all SLO County building code ordinances with no code variances • SLO County issued a Mitigated Negative Declaration for all the project’s environmental effects

  4. CSA-12 Information • The property is inside the County Service Area 12 (CSA-12) sphere of service for community water service and is also inside the LCP Coastal Zone. • CSA-12 has issued to the property a will serve letter for water service. • SLO County required the will serve letter from CSA-12 as a condition for the Minor Use Permit application to be accepted as complete. • The proposed 4” water pipeline from the property to the CSA-12 water main will be completely inside CSA-12’s sphere of service, and will be underneath the county road that fronts the property. • This lot and the two adjacent lots are the only properties in SLO County that are in this unique situation.

  5. Onsite Water Well Information • The onsite water well is more than adequate for the project in both quantity and quality according to SLO County building code. • The Minor Use Permit application for the project using CSA-12 for water instead of the well was supported by the SLO Planning Dept and approved by the SLO Planning Commission on a 5-0 vote with no public opposition.

  6. CSA-12 Service Area and Property Location

  7. Appellant’s Argument Details • LCP Public Works Policy 1 • allows development outside of the LCP’s USL only if it can be served by adequate private onsite water and wastewater disposal systems, • prohibits extension of services outside of the USL to serve such development. • In this case, the County-Approved project is located outside of the LCP’s USL, and the approval of a public water extension to this site is inconsistent with the LCP. • Not only does it extend services outside of the USL to facilitate development of this property, but it extends such services out into an area where such extension is not allowed per the LCP and it could induce additional urban type growth inconsistent with the core urban-rural location criteria of the LCP (including LCP Public Works Policies 1,2,3, and 4).

  8. Appellant’s Requirement For Coastal Commission Approval • To allow the use of CSA-12 as the water source for the property, the SLO Board of Supervisors and the Coastal Commission would need to adopt and certify an amendment to the LCP. Specifically, the LCP amendment would be to add these two words to the Avila Beach Specific Plan on page 149: This area includes the town site of Avila Beach, the Union Oil Company property, Cave Landing and the Port San Luis Harbor District lands. This total area is contained within the Urban Services Line.

  9. Rob & Judi McCarthy’s Argument Details • The project is already within the LCP’s USL and so no LCP amendment is needed. • SLO County building ordinance 19.07.040(b) requires the project to use the community water service of CSA-12 as the source of potable water. CSA-12’s sphere of service line is the LCP USL. Quoting the LCP: “The definitions of the sphere of influence and sphere of service lines correspond directly to the definitions of the urban reserve and urban services lines.” • It is not the permit applicant’s responsibility to ensure that planning documents and ordinances are logically consistent. • The project has both adequate private onsite water and a will serve letter from the community water system of CSA-12. Either source is acceptable, but CSA-12 is superior.

  10. Notes Building permits cannot be issued for an onsite well as the proposed water source if the property is inside CSA-12. Properties inside CSA-12 must use CSA-12 as their source of potable water.  Reference: Title 19, SLO Building and Construction Ordinance, Section 19.07.040(b): When an onsite well is the proposed potable water supply, a building permit may be issued only where the building site is located outside the service boundary of a community water system, and where the well, together with any on site water storage, satisfies all the following requirements: (continued …) SLO LAFCo’s CSA-12 sphere of service corresponds directly to a USL. Reference: Coastal Plan Policies, Policy 10 (pages 8-9 to 8-10): The San Luis Obispo County LAFCo has adopted general policies and criteria for spheres of influence. Those criteria contain the following definitions: Spheres of Influence: Lines adopted by LAFCo that will delineate the ultimate limits of local governmental agencies in the county after consideration of many factors including the general plans of the various cities, boundary lines of existing special districts and the county urban reserve lines. Sphere of Service: The area around a community, city or special district where short-term growth (10-year period) will be allowed and within which urban services are planned to be provided as indicated by an agency's capital improvement program." The definitions of the sphere of influence and sphere of service lines correspond directly to the definitions of the urban reserve and urban services lines (respectively), in the Land Use Element. (Similar language is in CZ Framework For Planning, page 3-13)

  11. Notes, continued Development decisions should be predictable, fair and cost-effective. Property should not be taken without just compensation. Reference: Coastal Framework For Planning, Strategic Growth Goals, Goal 9, page 1-23 Make development decisions predictable, fair and cost-effective. Objectives 1. Implementation and Administration - Improve the effectiveness of the planning process by: a. Minimizing administrative delays and costs to fee payers in the administration of the Land Use Element. b. Expediting development review procedures and providing incentives such as reduced fees for facilities and other project-related costs, for projects that implement these goals. e. Developing clear policies, programs, and performance standards. g. Using easy-to-understand language and media to convey proposals and ideas clearly. 2. Property Rights - Recognize and protect property rights by: a. Seeking to maintain a balance between the rights of property owners and efforts to plan for the community. b. Not taking property without just compensation.

  12. Notes, continued The Avila Beach USL is not a legal USL according to the LCP. It is not within a single URL, it does not correspond to a LAFCo sphere of service line, it is partially outside the planning area of the planning document that defines it, it is not within a single URL, and it cannot be expanded because there is no LAFCo service area to expand. There is no mechanism in the LCP to incorporate only part of a LAFCo sphere of service as a USL – the entire sphere of service must be in the USL. References: Coastal Zone Framework for Planning (page 4-4): Within the Urban Reserve Line of each community is the Urban Services Line (USL). The Urban Services Line is the Urban-Rural boundary as defined in the Local Coastal Plan. Coastal Zone Framework for Planning (page 4-5): Expansion of a USL is accomplished through an amendment of the Land Use Element and Local Coastal Program and should occur after LAFCO has amended the corresponding sphere of service line. Avila Beach Specific Plan (page 153): The planning area for the Avila Beach Specific Plan coincides with the boundary of the Avila Beach Community Services District. Avila Beach Specific Plan (page 149): This area includes the townsite of Avila Beach, the Union Oil Company property and the Port San Luis Harbor District lands. This total area is contained within the Urban Services Line.

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