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R 1189 . ~, ~ , RESOLUTION NO. 1189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING RULES AND PROCEDURES FOR THE IMPLEMENTATION OF THE OPEN SPACE PROGRAM, AS PROVIDED IN CHAPTER 4 OF TITLE 9, ARTICLE l8A OF THE ARROYO GRANDE MUNICIPAL CODE. BE IT RESOLVED by the City Council of the City of Arroyo Grande as fo llows : WHEREAS Article 18A of Chapter 4 Title 9 of the Arr~yo Grande Muni- cipal Code provides that requirements shall be set forth by Resolution in a policy statement adopted by both the Arroyo Grande Planning Commission and the Arroyo Grande City Council setting forth the Open Space Implementa- tion Program and Rules of Procedure relating to it, and WHEREAS, the Arroyo Grande Planning Commission has approved the Open Space bnp1ementation Program and Rules of Procedures attached hereto as Exhibit "A", NOW, THEREFORE, BE IT RlISOLVED, that the City Council of the City of Arroyo Grande doe, hereby adopt the Open Space Implementation Program and Rule. of Procedure attached hereto 88 Exhibit "A" and incorporated herein by reference. On motion of Councilman Mill1., seconded by Councilman Spier1ina and on the following roll call vote, to wit: AYES: Councilmen Spier ling, de Leon, Schlegel, Millis and Mayor Talley, NOES: None. ABSENT : None. the foregoing Resolution wes paesed and adopted thil 25th day of November, 1975. II Donl1d T.lley MAYOR ATTEST: II In.. A, del Cempo CITY CLERK I, Inee A. del Campo, City Clerk of the City of Arroyo Grm4e, Coun~y of San Luis ObilpO, Stete of C.~ifornia, do hereby certify that the foreaoins Re.olution No. 1189 is a true, full and correct copy of laid "'Qlution pal.ed and .dopt.d by the City Council of the City of Arroyo Grande at a ragular adjourned meeting of said Council held on the 25th day of Novembar, 1975, WITNESS my hand and the Seal of the City of Arroyo Grande affixed thh 26th day of November, 1975, (SIAL) .1 Ina. A. .al Campo City Clark of tha City of Arroyo Orande . . ,- E--t.h; /J; r ':4 " ..~ , ~ OPEN SPACE IMPLEMENTATION PROGRAM AND RULES OF PROCEDURE PURPOSE The purpose of this program is to establish both policy for the preserva~ion and conservation of open space lands in San Luis Obispo County and the pro- cedures to implement such a policy, They are intended ,to provide an outline to be used by the City of Arroyo Grande and interested parties, together with the applicable sections from the Government Code and Revenue and Taxation Code of the State of California relating to the preservation and conservation of open space lands. DEFINITIONS 1. "Open Space Land" - Any parcel or area of land which is essentially unimproved or devoted to an open space uSe, as herein defined: a. Agricultural Land - Land used or having potential for the production of food and/or fiber for commercial distribution, b, Recreation Land - Any area of land or water which is actively being used or which has potential for recreational use by the public or segment of the public. c. Scenic and Sensitive Lands - Lands possessing outstanding scenic qualities worthy of preservation and land subject to undesirable physical changes if one or more elements of the environment is destroyed or altered. d. Natural Hazard Land - Land which is subject to periodic natural catastrophiess1,1.Ch as flo04s, tidal inundation, fires, landslides, earthquakes and other types of earth movements, and 8S such should have restricted uses, 2. "Enforceable Restriction" - Land subject to restrictions as provi4ed by: a, A Contract, b. An Open Space Easement, 3. "Contract" - A contract executed by the City of Arroyo Grande and the fee owners of the surface and trust 4ee4 beneficiaries an4 mortgagees of recor4 of land place4 under contract. 4. "Open Space Easement" - An instrument whereby the owner of real property relinquishes to the City of Arroyo Grande, in perpetuity, or for a mini- mum period of twenty (20) years, such right of interest which, through the limitations it provides, will effectively preserve the character of the land or provide for public use. 5. "Open Space Preserve" - Open Space land, as defined herein, in which the use of such land is controlled by an Open Space Easement. 6. "Agt'icultural Preserve" - Agricultural land as defined herein, in which the use of such land is controlled by an Agricultural Contract, 7. "Council" - The City Council of the City of Arroyo Grands, 8, "City" - The City of Arroyo Grande, 9. "Planning Commission" - The Planning Commi8lion of the City of Arroyo Grande. 10. "Planning Department" - The Planning Department of the City of Arroyo Guilds. -1- . . ~ .~ . 11. "Review Committee" - The Review Committee on Open Space Preservation shall consist of five (5) members as follows: two (2) Planning Com- mission members, one (1) Council member, the Planning Director and one (1) farmer within the City appointed by the Mayor, 12, "County" - The County of San Luis Obispo, 13, "Assessor" - The Assessor of the County of San Luis Obispo, 14, "Clerk" - The City Clerk of the City of Arroyo Grande, 15, "Recorder" - The Recorder of the County of San Luis Obispo, 16, "General Plan" . The Comprehensive General Plan of the City of Arroyo Grande, ENFORCEABLE RESTRICTIONS TWo types of enforceable restrictions are available to conserve and protect open space, Both are particularly useful when full ownership is not neces. sary or too costly to achieve open space goals, One involves a contractual agreement for agricultural land use (Agricultural Contracts). The other method, Open Space Easements, involves the dedication of certain development rights or right of use to the public or segment of the public, The contracts provide protection for a minimum of ten (10) or twenty (20) years while ease- ments, depending upon the degree of protection desired, as either perpetual or for a minimum period of twenty (20) years. The application of either type constitutes an enforceable restriction within the meaning of the California State Constitution, Article XXVIII, Open Space Conservation. OPEN SPACE ZONING Open space zoning falls into two classes: (1) Open space zoning, which is utilized to protect a natural resource (shoreline, scenic areas, estuaries, etc.) or to protect the public safety (floodplain, geologic hazard, etc,) and; (2) Development zoning, which is utilized to control density and type of use. Both can provide some degree of protection but they cannot preserve open space, They can, however, be most effective when applied in conjunc. tion with contract or easement programs. Currently, the City has adequate zoning regulations controlling development and agriculture, New regulations, however, are necessary to administer the other types of open space lands, Specifically proposed and meeting the new state requirements is an open space ordinance with specific sections to deal with different open space types (flood hazards, geologic hazard, scenic and recreation), OPEN SPACE LAND POLICY Upon declaration of the City Council establishing favorable consideration for the administration and the processing of open space land, the following policies shall be implemented: I. It shall be the policy of the City, in general, to favor the preservation of oepn space land predicated on whether the land considered is within at least one of the following classifications as indicated on the City General Plan, a, Agricultural Land b, Recreation Land c, Scenic and Sensitive Land d. Natural Hazard Land 2, It shall be further the policy of the City to favor the preservation of defined open spaces within 'subdivisions, which use is restricted, in common to either the public or to the people within the subdivision, In the cale of exilting lufficient open Ipace areal, in lieu fe'l lhall lub- stitate for such dedication, -2- ," "" I ,. J -, . . ,~ ~ . 3. Urban service taxing districts such as Sanitation, Lighting and other districts, which are intended for application within these areas should be discouraged on those properties where Preserves are established or intended to be established pursuant to the General Plan. 4. Kfforts to engender interest and support of open space preservation pro- posals for affected property owners will be of prime concern. 5. The size, shape and extent of any open space area will be determined by its physical or geographic limits, However, it shall be the policy of the City to describe these open spaces simply, utilizing existing parcel boundaries whenever possible, 6. Methods of preservation depending on the degree of preservation desired, may include either fee acquisition or acquisition of lesser interest such as development rights, easements, covenants, leases or other contractual rights, 7, Methods of acquisition may include purchase, gift, grant, bequest, device, exchange, condemnation, or otherwise, 8, It shall be the policy of the City to seek fee simple acquisition only for very special areas or areas in which no other method can achieve the level of preservation. 9, Acquisition of fee simple ownership of open space land may on occasion be consummated by the exchange of City surplus properties. 10. Funds derived from the sale of City surplus real property should be di- rected to the purchase of the fee or lesser interests of open space land or the improvement of such land previously acquired, / 11, It shall be the policy of the City to accept the fee or lesser interests in real property by gift, bequest, devise or grant, if~.I!~d property is within the adopted or anticipated boundaries of an Open Space Preserve. . Such policy shall not prevent the City from accepting the fee or lesser interest in real property which does not qualify for open space preserva- tion if said property is intended to be held for exchange or sale for the ; fee or lesser interest in real property which is preferred for open space preservation. 12, No instrument or document purporting to transfer the fee or lesser in- terest in real property within a designated Open Space Preserve will be accepted or become effective unless the Council, by resolution, finds that the preservation of land as open space is: (1) consistent with the objectives of the City General Plan and; (2) in the best interests of the people of the City of Arroyo Grande, OPEN SPACE PRESERVE CRITERIA The establishment of Open Space Preserves utilizing Easement for either a minimum period of ten (10) or twenty (20) years or in perpetuity will be predicated upon whether the land considered meets the minimum criteria as herein defined: 1. GENERAL PLAN - Land to qualify for an Open Space Preserve shall be indicated on the latest adopted City General Plan as one of the following classifications: (1) Agricultural Land; (2) Recreation Land; (3) Scenic and Sensitive Land; and (4) Hazard Land, Those ''Ii,: property owners having land not located in any of the aforementioned classifications but meeting the other criteria as herein included may apply by having their application reviewed by the Review COm- o mittee on Open Space Preservation. The Committee shall make a deter- mination of the suitable method of preservation, if any, and recommend appropriate action to the Planning Commission and City Council. 2, ENFORCEABLE RESTRICTIONS - Open Space Preserves shall be designated areas in which Easements shall provide the necessary restrictions for protection, For Preserves utilizin8 ten year Ea.emeftt., property -3- \". "..>f . . /- ') . . owners will maintain the option to enter into agreement with the City, The assessment of land according to its restricted use, as currently used in Agricultural Preserves, shall provide the necessary incentive to enter into agreement. Preserv~s utilizing Easements which offer perpetual dedication shall be established only in very special areas where the public interest is best served by such method. These dedications can provide for either affir- mative rights, giving the public the right to use land for certain pur- poses such as fishing, hunting, riding and hiking; or they may be nega- tive, giving no right of public use but rather restricting the uses allowed the owner. The restrictions imposed shall be in accord with the objectives of that particular Preserve. Any real loss in value to the restricted property shall be determined by an independent appraiser agreeable to all concerned parties, and the resulting loss shall be compensated by the City. Compensation can be effected by cash, install- ment or other arrangement suitable to the owner and the negotiating representative for the City. In general, lands qualifying for either the easement of perpetual dedica- tion or for the twenty (20) year period shall be in accord with the following specific characteristics serving the public interest: TWenty Year Easement a, The land is relatively unimpToved and has scenic value to the public as viewed from scenic highw~ys, b. The land should remain in its natural state as a means of preventing damage to the land or to development which might be located in areas subject to natural cata~trophes such as floods, fires) landslides, slumps, earthquakes, and tidal inundation. c, The land is valuable because of its regenerative nature and should remain in open space as a means of insuring water and air quality, d, The land is of significant value because of geologic uniqueness, or because rare native plants and wildlife species inhabit the area. Perpetual Easements a, It is likely that at some time the public may acquire the land for a park or other public use, b, The land exhibits outstanding natural characteristics or unique scenic features as provided by shorelines, beaches, estuaries, marshes, sand dunes or unusual geologic formations, c. The land lies within an area which, if left in open space, wiJJ add to the amenities of adjoining or surrounding urban developments (greenbelts, greenways, buffers, parks, gardens, and other types of separators), 3, ZONING - The adoption of an appropriate zoning district is a prerequisite ~o the execution of any Easement, All applications to create an Open Space ~reserve will be considered a request to adopt the appropriate open space zone, Both the processing of a zoning request and an Open Space Preserve may be concurrent and become effective on the same day, In no event, however, will Open Space Preserves be created more than thirty (30) days in advance of the effective date of zoning, 4, LAND USE - The permitted uses of land within an Open Space Preserve shall be in compliance with the appropriate open space zoning classification, Limitations on location, distribution and intensity of use shall be con- trolled by the Easement attached to the land, 5. PRIORITIES - Those areas indicated on the General Planas Hazard Land, .,d' Scenic and Sensitive Land, and those applications to create open spaces in and near urban areas shall have the hi,ghest priority in the processing of Open Space Preserves, All other applications will be proc.lled in the order of submittal, .,4" . ,- ,~ . . AGRICULTURAL PRESERVE CRITERIA The estahlishment of Agricultural Preserves will be predicated upon whether the property or properties qualify under the minimum criteria as herein described: 1. GENERAL PLAN - The establishment of Agricultural Preserves shall be in accord with those areas shown as prime Agricultural Land on the latest adopted City General Plan. Those property owners wishing Agricultural Preserves, but not within designated Agricultural Land, may also apply, having their applications reviewed by the Review Committee on Open Space Preservation. The Committee shall make a determination of the suitable method of preservation, (Agricultural Preserve or Open Space Preserve), if any, and recommend to the Planning Commission such method, appropriate action, and suitable zoning district, 2, ZONING - Land to qualify for an Agricultural Preserve must be zoned for agriculture and should be zoned Agricultural or "A" District, The ap- propriate zoning classification is a prerequisite to the execution of any contract requested by the property owner, Agricultural Preserve requests will be considered a request to adopt the appropriate agri- cultural zoning, which shall be processed as a separate application, Both the processing of a zoning request and an Agricultural Preserve may be concurrent and become effective on the same day, In no event, however, will Agricultural Preserves be created more than thirty (30) days in advance of the effective date of the zoning classification, 3, PRESERVE SIZE - Land for an Agricultural Preserve shall qualify if its size and situation is'one of the following: a, Land which is classified as Prime, as defined by the ,Land Conserva- tion Act of 1965, shall have a minimum Preserve size of ten (10) acres, It can be made up of more than one ownership, if all are contiguous. Since forty (40) acre Preserves are an exception to state law criteria, it will be necessary to justify the creation of such preserves by the unique characteristics of such prime land and that the establishment of such preserves is consistent with the General Plan, b. If termination, cancellation or expiration of a contract covering land in a preserve consisting of multiple ownership results in the land remaining under contract within the Preserve not being able to meet the above criteria, the City will take steps necessary to disestablish the Preserve. This will ultimately result in notice of non-tenewal being served on all other property owners wi,thin the Preserve. 4. COMMERCIAL AGRICULTURE - Land to qualify for an Agricultural Preserve Contract, shall have returned from the production' of plant products an annual gross income of not less than $5000 for three (3) of the previous five (5) years, or the land is planted with fruit or nut- bearing trees, vines, bushes or crops which have a non-bearing period I of less than five years and which will normally return during the j commercial bearing period on an annual basis from the production of , unprocessed agricultural products not less than $5000 minimum gross I agricultural annual income. AGRICULTURAL PRESERVE CONTRACT CRITERIA , , , LAND USE* / Minimum Acreage To Recommended Minimum Zoning I i LAND CAPABILITY Oualifv for a Contract** Lot Size in A~res i , Row Crops, Specialty Crops 5 10 I I ' Orchards, Vineyards 10 10 I ' Field Crops 20 20 I * Fr~ctional portions of two or more types of land use can be combined to meet , minimum qualifying acreage. ** Agricultural specialties are not specifically subject to any qualifying min- im'Im acreage or zoning lot size. They are, however, subject to approval by the Revi~' Committee on Open Space Preservation. Forpurposea of this Program, -5- . - ') -' . qualified agricultural specialties shall include, but are not limited to, nurseries and green house production, poultry and egg farms, turkeys, hog fa~s, dairies and animal breeding establishments. Property owners not meeting this criteria but fulfilling the other criteria may also apply, having their applications reviewed by the Review Committee, Such property owners should be prepared to sub- stantiate the extent of their economic involvement in commercial agriculture and justify their inclusion into an Agricultural Preserve, 5, LAND USE - The permitted uses of land within an Agricultural Preserve shall be in compliance with the Agricultural District zone of the City Zoning Ordinance. 6. TEN YEAR AGRICULTURAL PRESERVE PROGRAM - The purpose of the Ten Year Agricultural Preserve Program is to provide incentives to Agricultural landowners to request Preserve status to protect lands under development pressure.. ESTABLISHING AGRICULTURAL PRESERVES Based upon property owner applications submitted to the Planning Department whereby: 1. The Department shall review all applications as to nature and form, transmitting all those applications from areas not within designated open space lands or presenting some unusual circumstance to the Review Committee on Open Space Preservation. 2, Depending upon whichever body processes the application, either the Department or the Review Committee shall render a report to the Planning Commission and City Council stating whether or not such proposal is in conformance with the General Plan and recommending the area to be pze- served, appropriate method(s) of preservation, and applicable zoning, 3. The Planning Commission shall review the report and hold a public hearing within 30 days of receipt. Said hearing may be continued at the dis- cretion of the Commission, 4, At the conclusion of hearings and acceptance of testimony from all in- terested parties, the Planning Commission shall make a recommendation to the City Council, The recommendation shall indicate whether or not the establishment of a Preserve is in the best interest of the City, delineate the area deemed suitable for preserva,tion, and designate the appropriate zoning and term of contract, 5. The Council shall, upon receipt, establish dates of hearing. At the conclusion of said hearings, the Council shall act upon the recommenda- tion of the Planning Commission. ESTABLISHING OPEN SPACE PRESERVES Preserves may be established: Based upon the recommendations contained in the General Plan of the City, The General Plan shall have designated open space land uses for those areas advocated for Preserves, 1. Preserves sr~ll first be recommended in a staff report formulated by the Department in accordance with the General Plan, 2. The staff report shall relate the recommendations of the General Plan and provide detailed recommendations as to method of preservation and specific area to be preserved, recommended zoning, and term of contract (10 or, 20 years), 3, Upon receipt of such report, the Planning Commission shall establish a date of hearing. -6- . - ') . 4. At the conclusion of hearings and ac~eptance of testimony from all interested parties, the Planning Commission shall make a recommendation to the City Council. The recommendation shall indicate whether or not the establishment of a Preserve is in the best interest of the City and delineate the area deemed suitable for preservation. 5, The City Council shall upon receipt establish dates of hearing. At the conclusion of said hearing, the Council shall act upon the recommendation of the Planning Commission. ~ Upon completion of the hearings and the adoption of an Open Space Preserve ~~ilizingOpen Space Easements), or Agricultural Preserve, those property owners desiring to negotiate a Contract shall pay a fee to defray costs to the City in"an amount as established by the City Council by Resolution. In addftion, fees for change of zoning shall also be filed with theappli- cation as established by Resolution of the City Council, No fees are required for Open Space Preserves utilizing perpetual easements as the implementing tool. APPLICATIONS FOR ENFORCEABLE RESTRICTIONS ,Application forms for consideration to establish Agricultural and Open Space Preserves will be provided by the Planning Department and will request at least the following information: 1, The identity of the owner(s) of the subject property. 2. The identity of all trust deed beneficiaries and mortgagees, 3. The legal description and Assessor's Parcel Number(s) of the property. 4, The total area of contiguously owned land and the area proposed to be involved in the preserve. 5. Land uses and the approximate acreage breakdown of each type. ,PROCEDURE FOR PROCESSING ENFORCEABLE RESTRICTIONS 1, At any time after the creation of an Agricultural or Open Space Preserve. the owners of the land within the Preaerve may enter into the,applicable Enforceable Restriction with the City. Standard Form Contract or Ease- ment instruments shall be provided by the City Clerk, 2. The applicant shall file with the Department the following: a. TWo (2) completed and signed application forms. b. Four (4) Standard Form Contracts or Easement instruments, executed and notarized by a notary public. c. Four (4) copies of a legal description of the property within the Preserve, d. One (1) Preliminary Title Report, e, One (1) map of the subject property. f, The necessary fee, if any. 3. Upon receipt of all required information, the Department shall transmit the same to the City Clerk for action. 4, Upon acceptance, the Clerk .hall record the .ame in the office of the Recorder, file copies with the Assessor and the Planning Department and return an endorsed copy to the owner(s). -7- . ---- .-_. ------- . ~, :) . TERMS AND CONDITIONS OF ENFORCEABLE RESTRICTIONS Minimum Period AGRICULTURAL PRESERVE CONTRACT - All contracts shall be for an initial term of no less than ten (10) years. OPEN SPACE EASEMENT - An instrument of perpetual dedication or for an initial term of not less than twenty (20) years. Enforcement Procedures The City shall seek an injunction against any threatened activity, construc- tion, or development which might violate an accepted enforceable restriction, Further, if any activity, construction, or development is conducted in viola- tion of an accepted enforceable restriction, the City shall seek a mandatory injunction to require the removal of any structure or to correct any damage to the property, Cancellation of Contracts Cancellation of an Agricultural Contract can only occur with the mutual consent of both parties after public hearing, Cancellation shall have no immediate effect upon zoning or on the designation of the land. Abandonment of Easements The City at any time may, by resolution, abandon an Open Space Easement, if I it finds that no public purpose will be served any longer by keeping the land in open space, The procedures of abandonment are outlined in Section 51061 et seq" Chapter 6,5, Government Code of the State of California. Abandon- ment shall have no immediate effect upon zoning or on the designation of the land, Penalty Fees Property owners who request and are granted cancellation or abandonment of an enforceable restriction shall pay a penalty fee for failure to fulfill the total obligation. The fee will be in the amount equal to 50 percent of the new assessed valuation, with no enforceable restriction attached to the land. The Council, in cases of harship, may waive all or any portion of such payment. Nullification Enforceable restrictions may become null and void under the following circum- stances: 1, Condemnation: When action is commenced to condemn property under an enforceable restriction, the enforceable restriction becomes null and void as to the portion of the property condemned as if no enforceable , restriction covering the portion of the property condemned has been written, 2, Non-Uses: If a petitioner has not utilized the Agricultural Preserve Combining Zone within a period of twelve (12) months, the Planning Commission shall commence proceedings to return the property to its original zoning. Nullification of an enforceable restriction frees the property owner from the terms, conditions and restrictions and no payments are due or owing to the City, -8- 0 -