O 623 ORDINANCE NO. 623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING TITLE 16 OF THE
MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT
10 -001) TO CLARIFY AGRICULTURAL CONVERSION
AND MITIGATION REQUIREMENTS
WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on
which became effective on October 9, 2001 which recognizes the historic role of
agriculture within the community and outlines goals, objectives and policies regarding the
retention of agricutural lands within and adjacent to the City; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan in
meeting the needs and desires of the residents and the community; and
WHEREAS, the City is required to complete a comprehensive review and necessary
revisions to the Development Code and zoning map for consistency with the General Plan
in accordance with Government Code Section 65860; and
WHEREAS, on August 26, 2003 the City Council of the City of Arroyo Grande reviewed
and considered the information in the Report on the Conservation of Agriculture in the
City of Arroyo Grande, as well as public testimony presented prior to and at the public
hearings and adopted Resolution No. 3699 to initiate implementing ordinances and
programs;
WHEREAS, Chapter 16.28 of the Arroyo Grande Municipal Code implements the
policies of the General Plan by providing for areas wherein uses are limited to
agricultural and compatible pursuits and wherein development regulations restrict the
intrusion of urban and rural development; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered
the information in the proposed Ordinance and public testimony presented at the public
hearings, Planning Commission recommendations, staff reports and all other
information and documents that are part of the public record for this matter; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed amendment to the Zoning Map and revisions to Title 16 is
consistent with the goals, objectives, policies, and programs of the General Plan,
and is desirable in order to implement the provisions of the General Plan based
on Resolution No. 3699 and further finds that:
ORDINANCE NO. 623
PAGE 2
1. The acreage of prime agricultural land within the City limits is a particularly
important resource, has unique qualities and benefits the community through
the provision of productive open space, economic activity and employment
base, wildlife habitat and an important filter to rain runoff, sustaining rural
community character, and the provision of locally grown produce.
2. The acreage of agricultural land within the City limits has rapidly decreased
over the previous three decades and is particularly threatened due to
encroaching urban development, available infrastructure and land costs that
are substantially higher than average costs of agricultural lands within the
County of San Luis Obispo.
3. The protection of agricultural acreage within the City's Area of Environmental
Concern is important to preserving a strong urban edge and preventing urban
sprawl.
4. The protection of agricultural lands within the City limits is the City's greatest
priority as described in the 2001 General Plan followed by lands adjacent to
the City limits, and thirdly, other agricultural lands within the City's Area of
Environmental Concem planning area.
5. It is the policy of the City to work cooperatively with San Luis Obispo County
to preserve agricultural land within the City's Area of Environmental Concern
planning area, beyond that deemed necessary for development; it is further
the policy of the City to protect and conserve agricultural land, especially in
areas presently farmed or having Class I or II soils or areas that are presently
or were historically farmed or are potentially capable of being farmed.
6. Some urban uses when contiguous to farmland can affect how an agricultural
use can be operated, which can lead to the conversion of agricultural land to
urban use.
7. By requiring conservation easements as a condition for land being converted
from an agricultural use and by requiring a one hundred foot buffer, the City
shall be helping to ensure prime farmland remains in or available for
agricultural use.
B. The proposed amendment to the Zoning Map and revisions to Title 16 will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. The proposed amendment to the Zoning Map and revisions to Title 16 is
consistent with the purpose and intent of Title 16.
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PAGE 3
D. A Program EIR was prepared and certified on October 9, 2001 for the 2001
General Plan update which incorporated an analysis of agricultural buffers within
the City of Arroyo Grande and the proposed amendments to Title 16 are within
the scope of the Program EIR and the potential environmental impacts of the
proposed amendment are determined by this Council to be less than significant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Sections set forth hereinbelow are hereby
amended as shown in Exhibit "A" attached hereto and incorporated herein by this
reference:
a. Amend Subsections: 16.12.170 B.,16.12.170.F.1 and 16.12.170.F.2.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of
the fact that any one or more section, subsection, subdivision, paragraph, sentence,
clause or phrases be declared unlawful.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall become effective thirty (30) days after the date of its
adoption.
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PAGE 4
On motion of Council Member Guthrie, seconded by Council Member Costello, and on
the following roll call vote, to -wit:
AYES: Council Members Guthrie, Costello, and Mayor Ferrara
NOES: Council Member Fellows
ABSENT: None
the foregoing Ordinance was adopted this 25 day of May 2010.
ORDINANCE NO. (oa3
PAGE 5
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FEEL A, MAYOR
ATTEST:
(,(W mo%
KELLY T E, CITY CLERK
APPROVED AS TO CONTENT:
S�FE AMS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. EL, CITY ATTORNEY
EXHIBIT "A"
16.12.170 B. Applicability. "Agricultural land" means land use categories identified in
the land use element, land zoned exclusively for agricultural use (as defined in Section
16.04.070), or, for the purposes of subsections C. D. and E, land in agricultural
production.
16.12.170 F. 1. Agricultural Land Conversion. The city shall require agricultural
mitigation by applicants for discretionary entitlements which will subdivide or change the
use of agricultural -land zoned Agriculture or Agriculture Preserve to any non - agricultural
use.
16.12.170.F.2. Agricultural mitigation shall be satisfied by:
a. Granting an farmland agricultural conservation easement, a farmland deed
restriction or other farmland agricultural conservation mechanism to or for the benefit of
the city and /or a qualifying entity approved by the city. Mitigation shall be required for
that portion of the land which no longer will be designated or zoned agricultural land,
including any portion of the land used for park and recreation purposes that will
1)permanently protect prime agricultural and prime soils from development; 2) or will
benefit preservation of agricultural land and operations through other means as
determined by the City Council. At least as many acres of prime agricultural land shall
be protected as was changed to a non - agricultural use within city limits, or up to two (2)
times as many acres of agricultural land shall be protected outside the city but within the
city's area of environmental concern, as was changed to a nonagricultural use, in order
to mitigate the loss of agricultural land; or
b. In lieu of conserving agricultural land as provided above if the city council
determines that the payment of in -lieu fees provide a superior opportunity to satisfy the
goals and policies of the general plan, agricultural mitigation may be satisfied by the
payment of a fee, established by the city council by resolution or through an enforceable
agreement with the developer, based upon a farmland replacement factor of up to two -
to -one (2:1) to be used for acquisition of a farmland conservation easement or farmland
deed restriction. The in -lieu fee option must be approved by the city council. The fee
shall be -- - - - - -- -- - -- - - - - - - -
. _ - • - - - •• _ . .e• based upon current
appraisal information for the acquisition of a conservation easement on replacement
land plus all related City administrative and legal costs. The in -lieu fee, paid to the city,
shall be used for farmland mitigation purposes, with priority given to lands with prime
agricultural soils located within the city; or
c. Other mitigation measures may be determined acceptable by the City Council.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 623 which was
introduced at a regular meeting of the City Council on May 11, 2010; was passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 25"' day of May 2010; and was duly published in accordance with State
law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1 day
of June 2010.
/. // /t _ '
KELLY E ORE, CITY CLERK