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R 3699 ~~.__._~ ~ ... ..~-----_._---_.._--_.- RESOLUTION NO. 3699 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO INITIATE AN AMENDMENT OF THE GENERAL PLAN LAND USE MAP TO REDESIGNATE CERTAIN PROPERTY TO AGRICULTURE AND TO MODIFY CERTAIN POLICIES OF THE LAND USE ELEMENT AND THE AGRICULTURE OPEN SPACE AND CONSERVATION ELEMENT; TO ESTABLISH AGRICULTURAL CONSERVATION EASEMENT AND SUPPORT PROGRAMS; AND TO INITIATE AN AMENDMENT OF TITLE 16 OF THE MUNICIPAL CODE TO MODIFY ALLOWABLE USES AND DEVELOPMENT STANDARDS, MITIGATION MEASURES, BUFFER OVERLAY DISTRICT TEXT AND MAPPING, IMPLEMENTING RECOMMENDATIONS FROM THE REPORT ON THE CONSERVATION OF AGRICULTURAL RESOURCES FOR THE CITY OF ARROYO GRANDE WHEREAS, on January 14, 2003, the City Council adopted Ordinance 536 which established a moratorium on the acceptance of land use applications that seek to develop parcels containing prime farmland soils and directed staff to prepare a study to determine and assess the impacts of such conversion; and WHEREAS, a public workshop was held on May 28, 2003 to solicit public input on the preparation of the study; and WHEREAS, June 17, July 1, and July 15, 2003, public hearings were held by the Planning Commission to receive public input on the Report on the Consetvstion of Agricultural Resources for the City of Anoyo Grande (Agricultural Report) attached hereto as Exhibit "An and incorporated herein by this reference; and WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission recommends that the City Council initiate the preparation of an amendment of the General Plan Land Use Map for four (4) prime agricultural properties; to establish agricultural conservation easement and support programs; and to amend the portions of Title 16 of the Municipal Code to establish allowable uses, mitigation measures and development standards in order to implement recommendations from the Agricultural Report; and WHEREAS, on July 22, 2003, the City Council held a public hearing on the Agricultural Report to receive additional testimony and evidence; and WHEREAS, the City Council has reviewed and considered the information in the Agricultural Report, and other evidence presented at the hearings and contained in the record of this matter and make the following findings: RESOLUTION NO. 3699 PAGE20F9 A. Proximate prime agriculture within the City of Arroyo Grande is integral to the character of the community and directly affects the City's economic and historical significance; B. The City has demonstrated a long term commitment to agricultural preservation through long-range planning, general plan policy, zoning, the right to farm ordinance - 419 C.S., commission of the Coordinated Agriculture Support Program (CASP) study and ordinance 536; C. Permitted conversion of prime farmlands have historically and consistently caused detriment and eventual conversion of nearby or adjacent parcels to non agricultural uses which in turn effect development pressure on other agricultural lands; D. Operating farms have not been consistently or adequately protected through the dedication or maintenance of agricultural buffers; E. The 2001 General Plan requires Municipal Code revisions to implement relevant policies in the Agricultural and Open Space Element, the Economic Development Element, and the Land Use Element, and further requires the adequate review of land use proposals, the appropriate findings of fact and necessary conditions and specific mitigations to effect long term preservation and to protect agriculture as a significant and irreplaceable resource of the City; F. Successful agricultural conservation easement programs exist in comparable communities whereby state and federal funding was made available and secured, and agricultural conservation easements for long term preservation acquired and maintained and the establishment of such programs would be supported by state agencies including the San Luis Coastal Resource Conservation District and the California Coastal Conservancy in that an agricultural easement program can benefit long term protection of agricultural lands in Arroyo Grande through the use of linked easements; G. Successful programs exist in comparable communities that promote agri-tourism and agri-enterprise operations in both private and public sectors that demonstrate an economic benefit for agriculture in urban and suburban areas; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby directs the following: I. Preparation of a General Plan Amendment to redesignate to Agriculture certain property and to modify Land Use Element policy statement LU5.13 and Agriculture, Open Space and Conservation Element Implementation Policy AG1. 4.2. -~------ ---- RESOLUTION NO. 3699 PAGE 3 OF 9 A. The specific property to be redesignated is referenced in Table 3 and on Map 13 of the Agricultural Report and identified as: 1. Approximately 7.4 acres, APN 007-621-023, owned by Edward Dorfman, zoned Agriculture, redesignate on Land Use Map from Mixed Use/Planned Development to Agriculture 2. Approximately 2.8 acres as a portion of APN 007-621-073, owned by Edward Dorfman, zoned Agriculture; redesignate on Land Use Map from Mixed Use/Planned Development to Agriculture (Note: the remaining portion of this parcel is currently zoned Highway Commercial and is not recommended for redesignation) 3. 1.64 acres, APN 007-621-001, owned by the Japanese Welfare Association, zoned Agriculture; redesignate on Land Use Map from Mixed Use/Planned Development to Agriculture 4. 4.92 acres, APN 007-761-022, owned by Bruce Vanderveen, zoned Agriculture; redesignate on Land Use Map from Rural Residential to Agriculture B. 1. Land Use Element Policy Statement LU5-13 shall be deleted in its entirety. 2. Agriculture, Conservation and Open Space Element Implementation Policy AG1-4.2 shall be amended as follows: AG1-4.2 Possible mitigation for loss of areas hav~ng prime farmland soils may include permanent protection of prime I farmland soils at a ratio of UP to ~ ~:1 with regard to the acreage of land removed from the capability for agricultural I use. as determined bv the City Council. Permanent protection may involve, but is not limited to, dedication of a perpetual agriculture or conservation easement or other effective mechanism to ensure that the area chosen as mitigation shall not be subject to loss of its prime farmland I soils. Suitability of the land chosen as mitiaation 10oatioR shall be determined approved by the City Council. The aim shall be to protect and preserve prime farmland soils primarily within and contiguous to City boundaries, secondly within the Urban Land Use Element area, and thirdly within the larger Arroyo Grande Valley and La Cienega Valley within the Area of Environmental Concern. Other potential mitigation measures for loss of areas having prime farmland soils include payment of in-lieu fees or such other mitigation RESOLUTION NO. 3699 PAGE40F9 acceptable to the City Council. 3. ACO/SE Policy Ag6-1 shall be amended as follows: Ag6-1 Ag zoning classifications shall prescribe minimum parcel sizes of 20-acres for cultivated, irrigated and/pr prime agricultural land and 4Q 20 acres for non-cultivated, non-irrigate and/or non-prime agricultural lands. II. Preparation of a resolution to: A. Develop an Agriculture Conservation Easement program and direct staff to outline potential funding and the process for acquiring Agriculture Conservation Easements as outlined In the Agricultural Report, Section VI.J and as follows: To implement General Plan Policy AG1-3 AG/C/OS.15-21, ED3, and CASP Action Plan Alternative 5.3, create an Agricultural Conservation Easement Program (ACEP) to address the predominant agricultural parcels within the City that do not meet minimum criteria and are not eligible for Williamson Act contracts. The program should provide for "linked" easements to create larger areas for protection and agricultural operations. Components of the program should include: 1. Apply for funding from the California Coastal Conservancy or the California Conservation Department to set up the ACEP and develop a model agricultural conservation easement, determine funding mechanisms including mitigation funds and special taxes or assessments, and determine if there is a benefit for easements limited to 10,20 or 30 years. 2. Develop an Arroyo Grande chapter of the Land Conservancy of San Luis Obispo County or partner with the San Luis Coastal Resource Conservation District, including policies for organization and management. . 3. Develop an education and outreach workshop for local farmers to individually meet with American Farmland Trust or other qualified consultants to discuss and calculate the costs and benefits of placing agricultural conservation easements on their land. 4. Develop a mechanism in conjunction with the County Assessor to identify and describe tax relief or other incentives for farmers to provide more acceptable terms and conditions for voluntary agricultural conservation easements. RESOLUTION NO. 3699 PAGE 5 OF 9 B. Work with local Farm Bureau, Chamber of Commerce, Cal Poly and other organizations to develop an Agricultural Enterprise program to promote and benefit local agriculture as outlined in the Agricultural Report, Section V1.5.G. 1. Create a program that provides for cooperative produce sales at a common location. 2. Host a small-parcels farming workshop in conjunction with the University of California Small Farm Center and Cal Poly's Sustainable Ag Program. 3. Allow agri-tourism and agricultural related directional signage such as farm-stay or winery location sign provisions. Work with the County's Farm Bureau in exploring ways and means of implementing an agri-tourism program. 4. Develop an education and outreach program aimed at heightening public awareness of the cost-benefits of agriculture preservation. III. Preparation of an ordinance to amend Title 16 of the Arroyo Grande Municipal Code (AGMC) as follows: A. Amend AGMC Section16.24.020 creating an agricultural buffer overlay district of 100 feet around all parcels designated and zoned agriculture as outlined in the Agricultural Report, Section VI.C. and per the example ordinance contained in Appendix E. as follows: 1. Establish a zoning overlay implementing a 100 foot minimum buffer around all Agriculture property as depicted on the map in E-1 to implement General Plan Policy AG5-2, applicable to a/l new development or redevelopment that is adjacent to Agricultural property. The buffer shall include a 20 foot landscaped strip as described in the 2001 General Plan. Greater buffers may also be required upon the recommendation of the San Luis County Agricultural Commissioner. A partial exception may be allowed if it can be demonstrated that an adequate physical buffer (such as Arroyo Grande Creek) exists between the agricultural use and the non-agricultural use if approved by the County Agricultural Commissioner. B. Amend AGMC Section 16.28.16.040 and 16.20.060 to incorporate expanded findings for rezoning applications and subdivisions as outlined In the Agricultural Report, Section VI.A.1 and VI.A.2 as follows: 1. To implement General Plan Policy AG 3-14 and 3-15, include additional findings specific to approving rezoning applications in Agriculture districts in Development Code Section 16.16.040 (Amendments to zoning districts and other provisions), which are derived in part from the Williamson Act: -~.._._-_.- RESOLUTION NO. 3699 PAGE 6 OF 9 a. That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the City, and there are no other reasonable or comparable agricultural uses to which the land may be put, either individually or in combination with other adjacent prime farmland parcels; and b. The proposed change in zone (or revision to this title) is for a parcel, or for a contiguous set of parcels, that is legally nonconforming as to minimum area in the Agriculture district; and c. The proposed change in zone (or revision to this title) will not result in, intensify, or contribute to discontiguous patterns of urban development; and d. The proposed change in zone (or revision to this title) will not likely result in the removal of adjacent lands from agricultural use; and e. The proposed change in zone (or revision to this title) is for an alternative use which is consistent with the applicable provisions of the City General Plan; and f. That there is no proximate land, which is both available and suitable that would provide more contiguous patterns of urban development than development of proximate non-prime farmland. 2. To implement General Plan Policy AG5-2, revise AGMC Section 16.20.060 (Land Divisions) to include the following finding necessary for proposals to subdivide prime farmland and/or lands adjoining an Agriculture district: For a proposed subdivision that includes, or is adjacent to, prime farmland, or is within an Agriculture district; that the design of the tentative map or proposed improvements provides an adequate buffer as determined through environmental review under CEQA to minimize potential conflicts between agricultural and nonagricultural land uses and to protect the public health, safety, and welfare. C. Amend AGMC Section 16.28.030 to revise allowable uses in Agricultural districts as outlined in the Agricultural Report, Section VI.A.3 and VI.A.4 as follows: 1. To implement General Plan Policy AG3-1 and AG3-7, revise AGMC Section 16.28.030-A No. B1 to include: Ranch and Farm dwellings appurtenant to a principal agricultural use as permitted. Single Family detached dwellings on ---~~_.- RESOLUTION NO. 3699 PAGE70F9 confonning lots as permitted. Single Family detached dwellings on legal non- conforming lots as permitted subject to a Conditional Use Permit pursuant to Section 16.16.050. (AGMC Section 16.16.050-D.2 requires the approving body to make the finding that the proposed use would not impair the integrity and character of the district in which it is to be established or located.) 2. To implement General Plan Policy AG1-1.2, AG3-4, and AG4-4 revise AGMC Table 16.28.030-A No. C. (Commercial Uses) to include the following subject to Conditional Use Permits: greenhouses (with specific performance criteria), wholesale nurseries, guest ranches. and large animal veterinary offices; and No. E. (Public/Quasi-Public Uses) include public facilities when required by health, safety, or public welfare. and community gardens as conditionally permitted. C. Amend AGMC Section 16.28.040 to revise standards as outlined in Agricultural Report, Section VI.A.5 as follows: 1. To implement General Plan Policy AG3-10, revise AGMC Table 16.28.040-A to include a Maximum Building Site Area of 1 acre. 2. To implement General Plan Policy AG3-1 0, revise AGMC Section 16.28.0408. to include the following language: Accessory buildings and structures shall be sited to minimize disruption of agricultural operations. avoid conversions of productive farmland and take maximum advantage of existing infrastructure. 3. To implement General Plan Policy AG3-11, revise AGMC Section16.28.040B to include a Maximum Density of 2 dwelling units for parcels equal or larger than 20 acres and 1 dwelling per parcel for parcels less than 20 acres. 4. To implement General Plan Policy AG6-1, revise AGMC Section 16.28.040B to redu~e the minimum parcel size of 20 acres. E. Amend AGMC Section 16.28 to include mitigation. requirements and additional buffer requirements for proposed development in agriculture districts as outlined in Agricultural Report, Section VI.B and per the example ordinance contained In Appendix F. as follows: 1. To implement General Plan Policy A1-4, adopt a prime farmland conversion mitigation ordinance that provides for permanent agricultural conservation easements on prime farmland at a ratio of 2 to 1 with regard to acreage of land converted from the capability for agricultural use. RESOLUTION NO. 3699 PAGE 8 OF 9 On motion by Council Member Dickens, seconded by Council Member Costello, and by the following roll call vote, to wit: AYES: Council Members Dickens, Costello and Mayor Ferrara NOES: Council Members Lubin, Runels ABSENT: None the foregoing Resolution was adopted this 2200 day of July, 2003. -- -------.---._------ ---- RESOLUTION NO. 3699 PAGE90F9 , . - ATTEST: ?/U.- RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK \ . APPROVED AS TO CONTENT: ~~ITYMANAGER APPROVED AS TO FORM: I I I I I I I l , EXHIBIT A Report on Conservation of Prime Agricultural Resources for the City Of Arroyo Grande. ---~~-- -- ___......__ __nu____ _ ---- CONTENTS I BACK G ROUND ....... ................... .... .... ............................ ....... ..... ..... ... ..... ......... ........ ........... 3 2001 GENERAL PLAN - AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT ................3 COORDINATED AGRICULTURAL SUPPORT PROGRAM................................................................... 4 MUNICIPAL CODE SECTION 16.28 - AGRICULTURAL ZONING ..................................................... 5 II INVENTORY OF AGRICULTURAL RESOURCES ...................................................... 6 GIS ANALySIS............................................................................................................................. 6 Map 1 - Arroyo Grande Agriculture by Zoning (1991) and Land Use Element (2001) ........ 8 Map 2 - Arroyo Grande Agriculture by Parcel Size (Zoning, 1991) ..................................... 9 Map 3 -Arroyo Grande Agriculture by Parcel Size (Land Use Element,.2001) .................10 Map 4 - Class L II and III Soils within the City................................................................... 11 Map 5 - Parcels with Class I and II Soils by Parcel Size.............................;....................... 12 Map 6 - Class L II and III Soils Classified Agriculture (Zoning, 1991) .............................. 13 Map 7 - Class L II and III Soils Designated Agriculture (Land Use, 2001)........................ 14 Map 8 - Arroyo Grande Agriculture by Parcel Size (Zoning, 1991) ................................... 15 Map 9 - Active Agriculture Zoning (1991) and Land Use Element (2001).......................... 16 Map 10- Zoning and Open Space Contract Status of County Land South of the City ........ 17 Map 11 - Zoning and Open Space Contract Status of County Land Northeast of the City. 18 III PUB LI C COMMENT...... ...... ........... .... .... ............ .... ...... ..... ..... ....... ............................... 19 REVIEW OF PuBLIC COMMENT DURING THECASP STUDY AND GENERAL PLAN UPDATE ........ 19 AGRICULTURAL WORKSHOP; MAY 28, 2003............................................................................. 19 PLANNING COMMISSION MEETING JUNE 17, 2003..................................................................... 20 PLANNING COMMISSION MEETING JULY 1, 2003....................................................................... 20 PUBLIC COMMENT LETIERS (SEE APPENDIX C FOR COPIES) ...................................................... 20 IV G R 0 WTH AND CHANGE ........ ............... .............. ...... ..... ....... ..... ..... .................... ...... 22 HISTORICAL HERITAGE.............................................................................................................. 22 ECONOMIC BENEFIT................................................................................................................... 22 SMALL LOT AGRICULTURE........................................................................................................ 23 EDGE ISSUES .............................~................................................................................................ 24 RELATIONSHIP BETWEEN THE HOUSING ELEMENT AND THE AGRICULTURAL STUDy................ 24 V AGRICULTURAL CONSERVATION / PREVENTION OF URBAN CO NVERSI 0 NS ....................... ............ ............... ....................................... ....... ......... ........... ..... 2S WHEN PROPOSED DEVELOPMENT CONSTITUTES A CONVERSION OF PRIME FARMLAND............ 25 LAND Ev ALVA TION AND SITE ASSESSMENT (LESA)................................................................. 25 ENVIRONMENTAL REVIEW ......................................................................................................... 26 MITIGATION MEASURES............................................................................................................ 26 Buffers ......... ........... ..... .............. .... .... ............. .............. .................... ..... ....... ............... ....... ... 26 Mitigation ordinances and policies...................................................................................... 29 In Lieu Fees............. ......................... .........;... ............ ........ ....... ..... ....... ..... ... ............. ......... ... 29 TRANSFER OF DEVELOPMENT CREDITS............................................................:......................... 30 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS..................................................... 30 WILLIAMSON ACT ...................................................................................................................... 31 Potential Conversions in the City of Arroyo Grande............................................................ 32 Inconsistencies Between the General Plan Land Use Map and the Zoning Map................. 32 _._----~.~-------- -------~ ---- Reconsider General Plan Classifications ......................... ....... .... .................. ....................... 35 VI "INSIDE THE BOX" AL TERN'ATIVES .....................................................................36 I. ZONING ORDINANCE REVISIONS............................................................................................ 36 Rezoning of Agriculturally Zoned Lands.............................................................................. 36 II Subdivisions in Agriculture Districts.............................................................................. 36 III Allowed Incompatible Development on Agriculturally Zoned Parcels ......................... 37 IV. Allowed Uses in Agricultural Districts.......................................................................... 37 V. Agricultural Site Development Standards ....................................................................... 38 MITIGATION ORDINANCE........................................................................................................... 38 Example Mitigation........ ............................ ............. ............... ............ ..... ..... ....... .... .............. 38 for Subdivision and Rezoning of Agricultural Land ............. ....... ..... ............ ........... ..... ........ 38 BUFFERS .................................................................................................................................... 39 1 Ordinance for new or re-development...............................................................................39 11 Zoning Overlay for Buffers........................................................................................... 39 TRANSFER OF DEVELOPMENT CREDIT ORDINANCE ................................................................... 39 AGRICULTURAL CONSERVATION EASEMENT PROGRAM ............................................................ 40 SUPPORT LOCAL AGRICULTURAL ENTERPRISE.......................................................................... 41 VII "0 UTSID E THE DO X" AL TERN'A TIVES ................................................................. 41 APPEND ICES ....................... ........................ ....... .... ........ ........................... ..... ..... .............. ........ 43 2 -~--_...._.-- - - - --_.-._,,-_.._--"---- REPORT ON THE CONSERVATION OF PRIME AGRIGUL TURAL RESOURCES IN THE CITY OF ARROYO GRANDE I BACKGROUND On January 14, 2003 the City Council Adopted Ordinance 536 which implemented a moratorium on the acceptance of land use applications that seek to develop parcels containing prime farmland soils. This moratorium has been in effect since February 14, 2003 and will expire on August 13, 2003, unless extended. 2001 General Plan - Aariculture, Conservation and Open Space Element Under the 1990 and 2001 General Plans, most of the Class I, II, and adjoining Class III soils within the City were designated as "Agricultural." The Open Space and Conservation Element, as well as the Land Use Element of the 1990 General Plan, contained goals and policies to "preserve and protect" viable agricultural uses within and adjacent to the City. This included prevention of continued conversion of agricultural lands to non-agricultural uses, particularly involving prime soils. The concepts of ''transfer of development rights" or credits (TDR or TDC) and separation or "buffer areas" between agricultural and urban uses were introduced as possible implementation actions that the City and County might utilize. The 2001 General Plan reinforced these goals and policies and emphasized the importance of agriculture by the adoption of an optional Agricultural, Conservation and Open Space Element. The agriculture portion of the element contains six (6) objectives, each with several policies intended to preserve and protect prime farmland and conserve other agriculture, open space, and natural resource lands. Loss of prime farmland soils was determined to be a significant adverse environmental impact per the California Environmental Quality Act (CEQA), requiring consideration of an Environmental Impact Report (EIR). Possible mitigation for loss of prime farmland soils includes, but is not limited to, permanent protection at a 1: 1 ratio of prime agricultural soil within and contiguous to the City boundaries. Other potential mitigation measures mentioned include payment of in-lieu fees or other mitigation acceptable to the City. The basic objective, however, is to avoid conversion or ''fragmentation" of areas with prime farmland soils by directing potential growth to more suitable locations. To emphasize this strategy, adopted General Plan policy Ag 1-4.3 specifically states: "Only after the imposition of available mitigation and consideration of alternatives to avoid the proposed action (conversion or loss) may the City Council approve development on prime farmland soils subject to overridina considerations as permitted by CEQA section 15093." Another adopted General Plan policy Ag 3-6, encourages lot mergers and consolidations to qualify for conservation easements or Williamson Act contracts 3 -~-~_._-~ generally requiring ten (10) acres of prime farmland to qualify for tax relief. To prevent excessive building on prime farmland soils, Ag 3-10.4 restricts building sites to no more than 1 acre per parcel. Ag 5-2 outlines several specific criteria for "buffers" between agriculture land use and non-agricultural land use designations, including at least 100 feet from agricultural operations to any new residential structure with a minimum of 20 feet of landscaping screen. Greater distances may be required based on site-specific circumstances, including type of farming practices, building orientation, wind direction, or other factors. The purpose of this study is to further evaluate cumulative impacts and alternatives to agricultural conversion and propose additional alternative agricultural preservation strategies. The study divides the agricultural designated districts into a northeast area and southeast area, each discussed and mapped in two sectors. In addition, two smaller isolated agricultural use properties surrounded by urban developments are considered potential conservation or conversion study sub areas, one near East Cherry and Traffic Way and the other near The Pike and South Elm Street. Coordinated Aaricultural Support Proaram The Coordinated Agricultural Support Program (CASP) report created by "Perspective Planning" for the City of Arroyo Grande and the State Coastal Conservancy in 1994 (Updated 1996 and 1997) is a thorough study and excellent reference that serves as a starting point for this current study. In addition to agriculture within the City limits, the CASP study included unincorporated land to the northeast of the City between Branch Mill Road and Huasna Road and large tracts of land south of the City that extend into the unincorporated parts of the Cienega Valley. The agricultural trends and land use data from the CASP project is an invaluable reference for this current study. Table 1 illustrates the more specific nature of this current study as related to the City of Arroyo Grande and the CASP study of the Greater Arroyo Grande Valley. Table 1 CASP CASP Cunnt Study (Includes areas (within City limits) (within City limits) outside of City limits) Applicable agricultural parcels 168 61 61 or 67* Parcels with active agriculture 106 27 27 Different land owners 51 36 32 Acres of agricultural lands 2,157 357 339 or 355* Acres of land in agricultural 1,967 274 213 production * The number of parcels designated as agriculture varies due to differences between the 1991 Zoning Map and the Land Use Map from the 2001 General Plan Update. 4 - --~~----- The current study also serves to update CASP study data. For instance, the CASP study states that there were 28 agriculture parcels in the City of Arroyo Grande, while the current study has identified 61 or 67 depending upon either the Zoning Map of 1991 or the Land Use Map from the 2001 General Plan. In addition, the total number of acres of agriculture land varies greatly from the CASP study (282) and the current study (339 or 355). This difference in the numbers of agriculture parcels and agricultural acreage is due to defintions used in each study, not by the addition of parcels to agriculture land use. The CASP study was also used to provide baseline numbers about Arroyo Grande agriculture in general. For instance the CASP study stresses the importance and rarity of the year-round growing conditions combined with the presence of prime farmland soils within the Arroyo Grande Valley. Surveys of farmers about crop production are clearly beyond the scope of the current study. However, using the CASP study, it was possible to roughly estimate the value of agriculture crops produced within the City of Arroyo Grande. This task was accomplished by multiplying the average crop value per acre per year ($4,000) given in the CASP study by the number of acres of active farming operations estimated by this current study (213). The result of this formula is an estimated annual crop value of $852,000 for products grown within the City of Arroyo Grande. Municipal Code Section 16.28 - AQricultural ZoninQ Municipal Code Section 16.28 defines allowable uses, regulations and development standards for agricultural zones within the City of Arroyo Grande. Section 16.28.020 defines two agricultural zones within the City of Arroyo Grande - General Agriculture (AG) and Agricultural Preserve (AP). Section 16.28.020 (A) states, "The primary purpose of the AG district is to provide for and protect lands for agricultural crop production, grazing, limited sales of agricultural products, and limited agricultural support industries and services." Section 16.28.020 (B) states that the primary purpose of the AP district is to provide for and protect lands for which Williamson Act contracts have been or should be signed. Both agriculture zones allow for single-family detached residential dwellings at a maximum density of 1.0 dwelling unit per 10.0 gross acres as well as accessory housing for farm workers. There are several 2001 General Plan policies that require revisions to the Development Code to implement new policy. 5 ~.__...... _.~._-_._._..-.-.- II INVENTORY OF AGRICULTURAL RESOURCES GIS Analysis An analysis of agriculture lands within the City of Arroyo Grande was performed using a Geographic Information system (GIS). A geographic information system is computerized mapping software that allows for the storage and graphic retrieval of spatial information about a place. Map one was created using parcel, land use, and zoning data compiled by Applied Geodetics for the City of Arroyo Grande. This map illustrates the difference between parcels designated as Agriculture under the 2001 General Plan Land Use Element and the 1991-zoning map. According to the zoning map there are 355 acres of Agriculture land within the City of Arroyo Grande while the new land use map indicates 329 acres. The difference illustrated in Map one represents a potential reduction of 26 acres of Agriculture zoned lands within the City of Arroyo Grande.. This potential reduction does not include non-agriculturally zoned properties containing agricultural uses that were converted during this time period. Maps two and three illustrate land zoned or designated in the Land Use Element as Agriculture by parcel size. These maps indicate that large agricultural parcels within the City of Arroyo Grande are to the south of the 101 Freeway and immediately adjacent to the northeast edge of the Village, while the Agriculture parcels in the far northeast section of the City have been fragmented into smaller lots. Map four uses soil data from the County of San Luis Obispo in conjunction with the City's parcel data to illustrate the location, type, and amount of Class I, II, and III soils within the City of Arroyo Grande. The GIS analysis indicates that there are approximately 500 acres of soils within the City of Arroyo Grande that are considered prime agriculture soils (Class I or Class II). Geologically, these soils are associated with the Arroyo Grande and Corbett Canyon (Tally'Ho) Creeks, which in the past have overflowed their banks and deposited fertile soils onto the flat lands. It is easy to see that a substantial portion of the City of Arroyo Grande, including most of the Village, was built upon prime agricultural land. There are several linear bands of Class III soils within the City limits. Although not considered "prime" soils, two patches of Class III soils are present in the lands zoned "Agriculture" and have been, according to one source, producing at seemingly comparable rates as its neighboring Class I and II soils. Map five was generated to evaluate the relationship between Class I and II soils and parcel size. The patterns presented indicate that there are large parcels (10 acres or larger) that contain Class I and II soils south of the 101 Freeway and in a limited number adjacent to northeast edge of the Village. Additionally, the patterns indicate a fragmentation of Class I and II soils into small parcels throughout the Village and more recently (1960 on) in the historically agricultural dominated northeastern and southeastern sections of the City. Maps six and seven utilized the geographic information system to isolate and display Class I, lI,and III soils that are zoned or designated in the Land Use Element as 6 -.--.-. ----~.._._._...- Agriculture. These two maps indicate that there are 253 acres of Class I and II soils zoned for Agriculture and 235 acres designated as Agriculture in the Land Use Element. The difference of land in these two maps indicates a potential reduction of 18 acres of prime agricultural soils. Map eight is very similar to maps two and three in that it shows Agriculture parcels by size. However, map eight shows that there are only four Agriculture parcels that are larger than 20 acres. Map nine indicates the presence of active growing operations on parcels designated or zoned for Agriculture. This data was generated from the review of high-resolution aerial photographs. Most farming operations such as the growing of row crops and green houses are easily identified, but operations such as cattle grazing are not and could not be included. It is also important to realize that the aerial photographs provide a momentary snapshot of farming that takes place over seasons and years. It is possible that some fields may be lying fallow and have not been identified. This map also illustrates 8' correlation between small lot size in the northeast Agriculture lands and the lack of active growing operations. When viewed together, these maps illustrate the cumulative potential reduction of prime agricultural soils over the history of the City of Arroyo Grande. This started with the founding of the original commercial center of the City, the Village, on prime agricultural land and continues today in the form of incremental conversions of land to non- agriculture uses. In quantitative terms, the GIS analysis shows the cumulative effects of time and land use decisions in the fact that the City of Arroyo Grande at one time had the potential use of over 500 acres of prime agricultural land (Class I and II soils) but today it has 235 acres of prime soils designated Agricultural. . Maps ten and eleven indicate the zoning and Open Space contract status of land within the County but adjacent to the City of Arroyo Grande. These maps indicate that land zoned as Agriculture continues north through the Arroyo Grande Valley and south into the Cienega Valley. These map also indicate the prevalence of land contracted to open space or Agriculture use through programs such as the Williamson Act. 7 Map 1 Arroyo Grande Agriculture by Zoning (1991) and Land Use Element 2001 I I N I ~~{~se I i w*. I Arroyo Grande Agriculture i I I I i Zoning = 369 acres D City Limits I s c=J Parcels . Land Use Element = 329 acres 10 0.5 1 Miles I Map2 Arroyo Grande Agriculture by Parcel Size (Zoning, 1991 ) _ Creeks N D Parcels Summary: w-+. D City Umits 10 parcels are 10 acres of larger Parcel Size I 0 - 2.49 ""'" 13 parcels are between 5 and 9.99 acres 2.5 - 4.99 acres 13 parcels are between 2.5 and 4.99 acres 5 - 9.9 9acres S 10 - 38.51 acres A total of 67 parcets are currently zoned agriculture. 0 0.5 1 Miles I Map 3 Arroyo Grande Agriculture by Parcel Size (Land Use Element, 2001) _ Creeks N D Parcels Summary W+E D City Limits I 9 parcels are 10 acres or larger Parcel Size I 11 parcels are between 5 and 9.99 acres I 0 - 2.49..... 12 parcels are between 2.5 and 4.99 acres 2.5 - 4.99 acres ! S 5 - 9.99 acres 10 - 38.51 acres A total of 61 parcels are currently designated Agriculture 0 O.Q 1 Miles I I I J Map4 Class I, II, and III Soils Within the City of Arroyo Grande I I i I D city Limits I N ~ Creeks i , I There are an estimated 500 acres w*. Parcels I Soils of Class I and II soils within the I' II I City of Arroyo Grande. s III I I 0 0.5 1 Miles - I I I i Map 5 .. · parce\S w\th c\aSS \ and \ \ 50\\s bY parce\ 5\z.e t!~ ' "N CI'c'/ \.111'I\\5 W... ~5 S\2.9 ,- ........ . 2.5 . 4.99 acres 5.9.99 acres s ~o . 48.5 acres 0 0.5 '\ N\\\es Map 6 Class I, II, and III Soils . Classified Agriculture (Zoning, 1991) _ Creeks N D Parcels I w*. D City Limits 253 acres of Class I or II soils Soil Classification II I I II I zoned as agriculture. s I . III I I 1 Miles i I 0 0.5 ! I --.----... .-- _____U_" ',.___._____._ _ J Map? Class I, II, and III Soils Designated Agriculture (Land Use, 2001 ) I _ River I N D Parcels 235 acres of Class I and II soils W-+E D City Limits I Soil Classification II I per the Land Use Element. II I s III I 0 0.5 1 Miles I Map 8 Arroyo Grande Agricu\ture by parce\ Size (Zoning, 1991) N ~~s C Ci~ \.imits , w+" PaiCel SiZe i.~ 2.5 - 4.99 \ 5-9.99 \ S 10 - 19.99 ~_~1 \ 0 0.5 1 .MUes . ---.-- -------- Map9 Active Agriculture Zoning (1991) and Land Use Element 2001 IC_~ N . ActIve Agriculture ... Lend Use WE... Zoning . D City Limits S D Parcels 0 0.5 1 Miles- I I Map 10 - Zoning and Open Space Contract Status of County Land South of the . City of Arroyo Grande "AG AG HWY 1 AG AG AG AG AG OSC OSC OSC AG AG OSC OSC AG OSC AG AG OSC OSC I Q) ~o: \. r ~ I~ . Map 11 Zoning and _ Open Space Contract Status of County Land Northeast of the City of Arroyo Grande AG = Agriculture OSC = Open Space Contract.... Base map from CASP study. Zoning and contract status from the Office of the County AsseSsor . . . - -- - -. III PUBLIC COMMENT Review of Public Comment DurinQ the CASP Study and General Plan Update CASP study interviews and the survey done for the 2001 General Plan Update indicate strong community support for agriculture and strong concern among farmers that protection will be at their expense and to the detriment of their property rights. AQricultural Workshop; May 28. 2003 On May 28, 2003, the Community Development Department hosted and moderated an agricultural workshop that served to introduce staff studies and seek participants' views, concerns, and ideas about the future of agriculture on prime soils within the City of Arroyo Grande. This meeting was noticed to the general public in the Times Press Recorder and flyers advertising the workshop were sent to all owners of land zoned as "Agriculture," to all owners of property that is within 300 feet of land zoned "Agriculture" and to interested organizations and individuals. In addition, a press release announcing the workshop was sent to various news organizations. A copy of the press release, a list of the organizations noticed and workshop attendees are in Appendix B. The initial presentation at the workshop was delivered by Community Development staff members and served to inform the audience of the provisions of Ordinance 536, review information from the CASP report, and to introduce agricultural preservation programs that are currently in use by other municipalities. Jeff Garcia and Jenny Lester of the American Farmland Trust informed Community Development staff and the audience about the use and effectiveness of conservation easements in the preservation of agricultural land. An example in Madera County was presented where agricultural easements placed over multiple properties effected a "Farmland Security" area at the west edge of the city. Before, during, and after the formal presentations, the audience members asked questions and provided input about the preservation of prime soils. Important ideas and issues discussed included the preservation and improvement of the agriculture industry in general, the marketing of crops to the local area, overall tax implications for agricultural easements, lack of local agribusiness and water issues. Also. discussed by the participants were the issues of property rights in general, the validity of conservation easements, and the need for sustainable farming programs. Participants emphasized that benefits of agriculture are community-wide, but that often the burdens are placed solely upon farmers and ranchers. 19 -_...._._~ PlanninQ Commission MeetinQ June 17.2003 Public comments from the June 17, 2003 Planning Commission meeting ranged from procedural criticism of the Agricultural study in general to specific comments and suggestions about the use of agricultural buffers, conservation easements, and discouragement of the use of clustered developments on prime farm land as a mitigation tool. Collectively, the public comment session reinforced the realization that the conservation of agricultural lands is a complicated process, with many variables, and any decisions made can have negative or positive effects in the fabric of the community. Closely related to this realization was the concept that the conservation of prime farmlands goes beyond and is affected by variables outside of the City's jurisdiction. Examples include the national and statewide conversion of prime soils for urban uses, the projected population growth of the State of California, and Central Coast Region's current shortage of affordable housing. Probably the most important suggestions that came from this public comment session was the request for more opportunities for public discussion and comment and any agricultural conservation measures that are implemented require broad community support to avoid agricultural policy changes with every election cycle. PlanninQ Commission MeetinQ July 1, 2003 Public comments from the July 1, 2003 Planning Commission meeting consisted of many concepts including that the City continue to take a leadership role in the protection of prime agricultural lands; the economics of agriculture including the difficulties associated with keeping small parcels of farm land viable and a concern that preservation of agricultural lands may help those with a slow growth agenda; the encouragement of staff to investigate the possibility of agricultural public relations programs and to look to the efforts of other municipalities for examples; and the warning that the City needs to create agricultural conservation policies that are reasonable or else they will be undone by subsequent City Councils. Public Comment Letters (See appendix C for copies) Two members of the public submitted letters to the Community Development Department stating their views about agriculture conservation. The Saruwatari Family stated that church~s, schools, and housing developments are not compatible uses adjacent to farmlands, buffer zones with deed restrictions should be created on lands adjacent to farming operations, and that the City of Arroyo Grande should stand behind its Right to Farm Ordinance. Mr. Otis Page of Arroyo Grande wrote two letters stating the power of perpetuity associated with conservation easements. Mr. Page states, "Conservation easement[s] wipes out any future change in the possible use of that land through changes in culture, changes in people's needs, or even dynamic natural changes in the land itself." Mr. Page suggests that if conservation easements are employed over his strenuous objections, realistic time periods of 1 0 to 30 years should be used. 20 In addition, the Community Development Department received a letter from a Mr. Nick Alter regarding the June 17, 2003 draft report, suggesting clarification and corrections and recommending reference to the General Plan's Economic Element - ED3 policy statement which states, "Encourage and support the retention and expansion of Agriculture business activities." Mr. Alter also suggested that the City develop an education and outreach program aimed at heightening public awareness of the cost- benefits of Agriculture conservation. 21 ~~- IV GROWTH AND CHANGE Historical HeritaQe Farming in what is today the City of Arroyo Grande began well over a century ago with the earliest settlers clearing the lands of brush and trees. The turn of the Twentieth Century saw prize winning vegetables coming from the fertile soils of the Arroyo Grande Valley. The late teens saw the success of Japanese berry farmers and World War II era effects on agriculture in Arroyo Grande through the internment of Japanese Americans who farmed the land. Other historically important agricultural events include the changes involved in the shipping of locally grown crops from horse drawn wagons to trains after the arrival of the railroad at Pismo Beach in 1881 and finally by trucks starting in the 1920's. Agriculture is viewed as a time-honored and vital part of community identity that perpetuates the City's social and economic significance. However, some view agriculture in Arroyo Grande as endangered; soon to become a historical reflection of the City's past. This can affect the way farmers plan their future. Farms in urbanized areas are subject to an "impermanence syndrome" where farmers perceive conversion is inevitable, cease long-term investments and farm for the short term (Institute for Local Self Governments, 2002). While the City has historically demonstrated agricultural preservation goals through long-range planning, general plan policies, zoning, and a right to farm ordinance, a historical review of aerial photos depicts that there have been several land use approvals that have contributed to either the direct or cumulative decline of quality and quantity of Arroyo Grande Agriculture. However, recent efforts, including the commission of the CASP study, the addition of the optional Agricultural Element (and the community commitment apparent in surveys conducted for these documents), and voluntary participation in Williamson Act contracts, are evidence of a strong commitment to sustain the City's agricultural heritage. Economic Benefit The CASP study estimated that the 2,500 agricultural acres of the Arroyo Grande Valley yielded an estimated $10 million of produce. As mentioned earlier in this study, it is estimated that the value of crops grown on the 213 acres of active agriculture lands within the City of Arroyo Grande total over $850,000 annually. The financial impact and power of this money is increased in the local economy by an economic multiplier effect. Reportedly, however farmers need to yield $3,000 - $5,OOO/acre in order to contribute to this economic benefit. Smaller farms struggle to compete with larger agricultural operations. There are some intangible or indirect economic benefits of urban farming including providing nearby residents with locally grown produce, providing jobs without commute, and food security. Some urban farms document more food per acre than larger, more "industrial" farms due to strategic planting (Goleta Valley Urban Agricultural newsletter). 22 I l Small Lot AQriculture The northeast agricultural section of the City contains many small parcels (under 5 acres) that feature prime soils that are not currently used for active agriculture. This lack of active farming may be due to the fact that smaller lot sizes and non-contiguous agriculture parcels make it difficult for large farm equipment to operate, thereby reducing a farmer's economy of scale and profit margin. Although difficult, small lot farming can be successful if operated and marketed wisely. A general rule of small lot farming is that as the parcel size decreases the more intense the land must be farmed or crops that bring higher market prices must be grown. In addition to this general technique, small lot farmers can sell to niche markets by growing specialty crops or utilize organic growing methods. Another successful technique of small lot farming is to sell products when demand is high and supply is low. This can be done if small lot farmers can harvest their crops earlier or later in the growing season by utilizing temporary greenhouses, also known as field tunnels. Lastly, owners of small lot agriculture parcels may be interested in becoming part-time farmers or leasing their land to part-time farmers. One way to accommodate part time and small lot farming would be for the City to lease portions of small agriculture parcels to create a community garden program. A community garden program would serve to increase public awareness of agriculture in the City. Another important aspect of profitable small lot farming is the ability to sell produce to retail customers. Currently, the Farmer's Markets that exist on the Central Coast are unable to accommodate new sellers and have established waiting lists. Preference or priority could be assigned to local farmers, including small lot growers. Public Relations CampaiQns Many communities have programs in place that help to annually celebrate local agriculture and the success of the local harvest. Examples of these programs include our own Strawberry and Harvest Festivals; the California Strawberry Festival held in Oxnard, California, and the Gilroy Garlic Festival. The continuation and support of these programs help to reinforce the tradition of agriculture in the local community. It has been suggested that the City of Arroyo Grande and its. people can go even further by developing programs that educate the public about the operations of agriculture in general and more specifically about the economic benefits of a healthy local agriculture industry. The City of Arroyo Grande and its citizens have several important resources to help in these types of efforts including the Sustainable Agriculture Program at Cal Poly and the University of California's Small Farm Project, which has offices in the City of San Luis Obispo. Other educational and public relations efforts include agri-tourism operations and roadside signage of crops. Many successful agri-tourism operations have been started in surrounding communities and include private businesses in the Salinas Valley and an association of wineries in Paso Robles. One example of agricultural public relations is the Washington State University program in which signs identifying crops are given to farmers to place in their fields in an effort to educate residents and visitors of the successful regional crops. 23 f EdQelssues Many issues have been identified in areas where agricultural operations and housing meet. It is important to note that these negative aspects are felt by farmers and residents alike. Issues identified by farmers include: trespassing, theft, vandalism, litter, legal liability, food safety, pests, restrictions, work interference, and water/erosion. Conversely, issues identified by residents who live adjacent to agricultural operations include: pesticides, pollen, dust, smoke, noise, bees, flies, odors, trucks, lights, and rodents (Great Valley Center, p. 10). Edge issues throughout the County of San Luis Obispo and specifically in the Arroyo Grande/Halcyon areas have generated a handful of newspaper articles. These articles tell of possible pesticide related medical problems. (Tribune, January 15, 2002, The Newtimes, May 9, 2002) Newspaper reports have also illustrated the fact that edge issues may affect the type of crops and the methods in which they are produced. Specifically, the Tribune and the Times Press Recorder both reported that The Temple of the People, which owns the 30 acre strawberry field adjacent to the City of Arroyo Grande and currently farmed by Obayashi Farms, is attempting to identify farmers who would like to plant different crops (The Tribune, December 25,2002, Times Press Recorder, December 27,2002). Relationship Between the Housing Element and the Agricultural Study The population in Arroyo Grande has increased from 3,291 in 1960 to 16,523 today, with fluctuating annual rates from less than 2% since the 1980s to a rate exceeding 12% in the 1960's. The City experienced growth of 10.2% during the period of 1990 to 2000. The City is currently updating the Housing Element of the General Plan to address residential growth issues. Many goals of the Housing Element update and this study are related. Both efforts aim to direct infill development and better define and defend the City's urban boundaries to avoid sprawl and preserve open space and agricultural lands. The focus of the Housing Element update includes increasing allowable densities in infill areas and addressing regional housing needs despite local resource, service and environmental constraints. Part of the Housing Element update consists of a housing opportunity sites inventory, which has been considered in this study for a possible Transfer of Development Credit (TDC) program discussed in sections V and VI. Both the Housing Element update and this study propose policies to provide urban agricultural protection for rural community character preservation. 24 ----- -_.~-----~- -..--..-.'-------. V AGRICULTURAL CONSERVATION / PREVENTION OF URBAN CONVERSIONS When Proposed Development Constitutes a Conversion of Prime Farmland A Conversion of prime farmland in urban areas occurs numerous ways, some more obvious than others. Land rezoned for non-agricultural use or approved subdivisions are two apparent conversion processes rapidly occurring throughout California. A third, less apparent, practice is a recognized division of land without a rezone or subdivision by an issued certificate of compliance. Residential development of antiquated subdivisions can occur in the middle of agriculturally zoned areas without public notice or discretionary review. Lastly, conversion of farmland also happens incrementally when non-agricultural development encroaches in the vicinity or adjacent to prime farmland operations. The conversion generally occurs through a combination of factors including conflicts over incompatible uses limiting agricultural production, cessation of farming operations and irrigation, and increased land prices leading to eventual sales and use depicting that of a rural residential district. Historically, the City has allowed conversions, applying typical conditions of approval which has led to increased pressure on remaining acreages of farmland within the City See Map 12). An example of this is the approval of Tract Map 2217, the Walnut View subdivision project on East Cherry Avenue and Branch Mill Road. The City requested comments from other agencies during environmental review. Comments from County's Department of Agriculture included the loss of prime agricultural soil, non-agricultural land use conversion pressure, and suggested mitigations, including the provision of a 350 foot buffer. However the approvals did not include a buffer and it has been demonstrated that this action has increased development pressure on both Branch Mill Road area and Cherry AvenuefTraffic Way agricultural parcels that were redesignated in the 2001 General Plan from Agriculture. RiQht to Farm Provisions Section 16.12.170 of the Development Code serves to implement the City's Right to Farm Provisions. These policies help to ensure the continuation of agricultural operations by reducing the opportunity for newly transplanted urban neighbors to file nuisance complaints against farmers. The policy also serves as a reminder to those who wish to move to areas adjacent to active farm operations of the inconveniences frequently associated with modem agriculture. Land Evaluation and Site Assessment (LESA) The LESA system was developed by the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) and is used by state and local planners, landholders, developers and government officials to make land use decisions regarding to use, protection or potential conversion of farmland. The LESA consists of two main components: a land evaluation component used to rate soils based on their suitability of agricultural use based on data from the National Cooperative Soils Survey, and the Site Assessment which involves non-soil factors related to agricultural use of a site, factors related to development pressures, and factors related to other public values of a site. 25 ~-~..._---- --~---_.- - ------------.--------- :=t~ o~-c - --~ :JI\.) CD Q, (J) c 8: o -- 0,< -- en -- 0 :J en 0 :J ~. cc ~..., -- 0 c - r-+ C Ci3 I>> :J ~a. o,en 3: m -+z tt:I - " A LESA rating is developed to determine the suitability for long term agricultural protection. A LESA system can provide a defensible consistent method to determine the conditions under which agricultural land should or should not be converted to nonagricultural uses. LESA information can also be used to identify important farmland and for environmental analysis. The development of a LESA system may be facilitated with assistance from NRCS and should involve the establishment of local work group. Environmental Review The California Environmental Quality Act (CEQA) requires agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project. Any impacts to agricultural land must be a part of CEQA review An environmental impact report (EIR) is the most comprehensive type of environmental document. A project may not be approved as submitted if feasible alternatives or mitigation measures are able to substantially Jessen the significant environmental effects of the project. However, even a project with significant and unavoidable.impacts can be approved if the decision makers can find that it has an overriding public benefit. CEQA is not truly a tool to protect agricultural resources, however the public information that environmental documents provide can help alert interested parties to threats to urban agriculture. Currently, the City uses the following criteria for the initial study to determine impacts to agricultural resources: LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Agricultural Resources - Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Mitiaation Measures Buffers Buffers are a land use technique used to separate agricultural operations from non- agricultural areas. They can be considered another aspect of infrastructure needed to 26 make a site suitable for development. Buffers can take the form of spatial setbacks or as physical structures of human or natural origin. 1. Physical Physical buffers include trees, roads, and naturally occurring features such as creeks, rivers, or hills. Installed barriers, such as fences and walls are another type of physical buffer. The Arroyo Grande Creek serves as a very effective natural agricultural buffer. Fences or walls may not be completely effective in mitigating all agriculture/housing conflicts but they do work well at obstructing visual externalities and reduce crop pilferage. However, fences and walls also bring with them issues over ownership and upkeep responsibilities, graffiti, aesthetics, and view sheds (Great Valley Center, p. 11). 2. Spatial Spatial buffers are created through ordinances and are essentially linear strips of land between agricultural uses and housing. The depths of agricultural buffers vary greatly by municipality (Great Valley Center, 2002). The County of San Luis Obispo's buffers range from 400-800 feet for vineyards, 300 to 800 feet for irrigated orchards and 100 to 400 feet for field crops. The buffer distance is usually determined on a case-by-case basis depending upon variables, such as prevailing wind direction, type of crop, surrounding zoning, and topography. (American Farmland Trust, 1997, p. 121). In San Luis Obispo County, one person currently implements this case-by-case system and a primary criterion is past experience. The City of Davis requires agricultural buffers of 150 feet with public uses being discouraged in the 100 feet closest to the agricultural operation, while the last 50 feet can used as a transitional area that can support uses such as bike trails and paths (American Farmland Trust, 1997, p. 121). Organic farming can address urban concerns over pesticides, but other by-products of farming, such as dust and smells would continue. It is important to note that there have been very few scientific studies that have looked at the effectiveness of buffer distances. With this fact in mind, every buffer can be viewed as subjective or generally based upon common sense and agency judgment. A major study by two respected researchers, Alvin D. Sokolow and Sony Varea-Hammond is currently underway and "seeks to accomplish two interrelated goals: (1) evaluate existing city and county agricultural buffer policies and their implementation, and (2) use these findings and other data to establish a research base for developing a guidebook and other educational materials on the design and execution of buffers." The completion of this study will be of great interest to the City of Arroyo Grande and staff will attempt to acquire a copy as soon as it is available. Although the efficacy of spatial and physical buffers may be in question due the fact that they attempt to solve many diverse problems such as spread of noise, dust, smells, and chemicals as well as attempt to control human intrusions and pilferage, they have a long history of use as a tool to control agricultural runoff into streams 27 and to mitigate wind driven erosion. The Connecticut River Joint Commissions of New Hampshire and Vermont reports that an agricultural buffer of willows and other live woody shrubs and tree stakes along the water's edge, native trees and shrubs in the 50-75 foot zone, and a 25 foot buffer of dense-stiff grass will trap 95 percent of sediment, 75-80 percent of nitrogen, and 80 percent of phosphorus before it enters a river (Buffers for Agriculture). This and similar data helps to establish a precedent of public benefit from the creation of buffers. Maintenance is one issue that needs to be addressed regarding buffers. For example, open land can provide areas for pests to thrive and harm adjacent agricultural production. 3. Buffers in the City of Arroyo Grande The 2001 General Plan (Ag5-2) requires the City to establish criteria for buffers between agriculture land use designations and non-agriculture land uses. Staff analyzed the creation and enforcement of a buffer system of 100', 200' or 300' around all parcels zoned or designated in the Land Use Element as Agriculture. Due to the fact that the wind patterns in the agricultural areas shift from the prevailing direction, the buffers should extend an equal distance from the outer edges of areas designated as Agriculture. The construction of new inhabited buildings is not permitted within the buffer zone on non-agriculture properties. In essence, the buffer zone defines the minimum residential building setback on adjacent properties. In certain cases, where there is a substantial existing physical buffer or vegetation of 100 feet in width or more on the perimeter or on the Agriculture side of a parcel, an additional spatial buffer need not exist. 4. Potential number of homes within buffer zones Using aerial photographs of the City of Arroyo Grande and a geographic information system, it was possible to identify parcels zoned or designated Agriculture and draw buffers of varying distances around them. This technique allowed for an accurate estimation of the number of houses that would fall within buffer zones if they were established. Existing houses within buffer zones would become legally non- conforming. The results of this analysis are presented in Table 2. Table 2 Buffer Size Homes Within Buffer 100 Feet 95 200 Feet 156 300 Feet 247 Areas where new development is possible in the foreseeable future on or adjacent to prime Agricultural lands includes: 28 -~_....._,-- -----------..- __..____~H__.._ . The area between Cherry Avenue extended and Myrtle Drive designated NP - Neighborhood Plan on the 2001 General Plan Land Use Map. . Residential parcels north of Huasna Road and east of Stagecoach. . Three parcels on E. Cherry near Traffic Way designated PD-Mixed Use in the 2001 General Plan. . The hillside church property adjacent to the Cherry/Traffic Way property off Trinity Lane. . The Arroyo Grande High School property. . St. Patrick's Catholic Church property on Fair Oaks. . Agriculture zoned parcel adjacent to Arroyo Grande Creek, owned by the Church of Jesus Christ of Latter Day Saints. . The property northeast of the residential subdivision on Branch Mill Road near Coach Road. . The ALC/Frederick and Williams properties at the southern boarder of the City limits. Mitigation ordinances and policies Mitigation ordinances are a recent technique to protect farmland. The City of Davis and Brentwood uses mitigation to require that developers permanently protect one acre of farmland for every acre of agricultural land that is proposed for conversion. The County of Monterey is currently discussing the requirement that for every acre of agriculture land converted to urban uses, two acres would have to be permanently preserved. Generally, developers place an agricultural conservation easement on farmland in another part of the city or pay an "in-lieu" fee. In Lieu Fees As authorized by the Map Act and Cal. Gov't Code section 66000, in lieu fees may be imposed as a condition for allowing a subdivision to occur when it reasonably offsets the impact of development and furthers the purposes of the General Plan. Mitigation fees can be required for the protection of one or more acre(s) of farmland of equal or greater quality for each acre of farmland that is converted to non-farm uses (American Farmland Trust, 1997). It should be recognized that in Arroyo Grande, the price of a small lot home site is five times the price of an Agricultural acre: thus an acre converted to single family residential use can yield its owner 25 times the value of an acre designated Agriculture. This conversion "windfall" can provide mitigation fees that can reasonably provide funds to purchase equal or greater areas for conservation easements to help offset areas allowed to convert. 29 Transfer of Development Credits Transfer of Development Credits (TDC's) programs are an attempt to separate development rights from a parcel and transfer them to another unrelated parcel. TDC programs are. generally used to preserve environmentally sensitive areas from development, while still allowing the property owners to utilize the development potential associated with their land. TDC programs work by first identifying development rights "sending" districts, which are in need of preservation. The development potential in the sending districts are reduced and property owners are given development credits based upon an approved formula, such as one single-family house per ten undeveloped acres. Next, the City identifies areas to act as "receiver" sites where the development credits can be applied above and beyond the established or approved development density. Variations of TDC programs either allow for the selling of the development credits to others or require that the owner of the development credits must own property in both the sending and receiving areas. Purchase of Agricultural Conservation Easements The purchase of agricultural conservation easements, in simple terms, is a purchase of the development rights of a property by a private individual, a non-profit group, or a government agency. When purchased, the development rights to a property are separated from the land itself. The property owner still holds possession of the land, but its use is limited by a binding contract. An independent appraiser establishes the value of the development rights to a property. Although agricultural conservation easements may be limited to terms of 10, 20, and 30 years, most preservation organizations and agencies seek permanent easements to accomplish long-range community goals. Many agriculturally based communities are pursuing easement acquisition because it is designed to achieve continued active production on agricultural property (the cities of Madera and Half Moon Bay are examples). Individual tailoring of agriculture conservation easements can address other community-wide impact issues such as flood control in addition to preserving farming opportunity without placing unfair burdens on property owners. Organizations that can assist in facilitating, securing or holding agricultural easements or funding other aspects of agricultural protection including grants to facilitate buffers, and preliminary actions like funding appraisals, include the California Coastal Conservancy, American Farmland Trust, and the San Luis Coastal Resource Conservation District. The formation of a local land trust is an important consideration in any easement program. The City of Livermore and the City of Brentwood have formed their own land trusts and act as a third-party beneficiary for easements. The CASP study's Action Plan implementation measure 5.3 discussed this possibility in depth. Recent conversations with the staff of the Land Conservancy of San Luis Obispo indicate a good potential to form a local chapter for agricultural issues in the Arroyo Grande Valley. This could achieve local control to deal with a wide range of agricultural issues without the shouldering the entire financial burden and implementation. General funding mechanisms for acquiring agricultural easements include: 30 _'~_~__M~' _ _._._---_._~._-- - -_.._------~---_..._----~ . Farmland Protection Program, created by the 1996 Farm Bill, provides matching grants from the California Department of Conservation Farmland Program of 50 % of final negotiated sales price of conservation easements. Funding may also be available for the temporary purchase of agricultural lands pending placement of a conservation easement, restoration and improvement of land already under easement, and agricultural land conservation planning and policy projects. . Mitigation fees. . Mello Roos district - a special district created under the state's Mello-Roos Community Facilities Act of 1982 to collect an annual tax. This finance mechanism can be utilized for open space and farmland acquisition (Solano County example is $16-$33 per undeveloped acre and $80 per unit after construction.) The formation of a district to enable this type of tax requires a two- thirds vote of registered voters, which is difficult but may be achievable with pu blic outreach. . Special Sales tax approval - such as in Sonoma County where a quarter-cent sales tax increase to fund their land conservation district was approved. A local sales tax increase requires both State enabling legislation and a vote of the public. . Assessments levied on real property to finance improvement and maintenance. Probably not feasible for the City since Prop. 218. . General bond measure Agricultural conservation easements can also be used to mitigate potential agricultural conversions. Several counties and a couple of cities (Davis and Brentwood) implement mitigation ordinances that require additional agricultural lands to be secured with a permanent easement to offset loss of agriculture due to conversion. However, it should be noted that State funds are not available for purchasing easements required for mitigation. Williamson Act The California Land Conservation Act of 1965--commonly referred to as the Williamson Act-enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments, which are much lower than normal because they are based upon farming and open space uses as opposed to full market value. Local governments receive an annual subvention of forgone property tax revenues from the State via the Open Space Subvention Act of 1971. Over one-half of the CASP study area (over 1,000 acres) is currently enrolled in the Williamson Act. However, due to parcel size requirements (minimum 10 acres), only seven parcels are eligible within the City's limits (not counting the two that are in contracts now). 31 J ---- -----~------_.._- -- Potential Conversions in the City of Arroyo Grande Inconsistencies Between the General Plan Land Use Map and the Zoning Map There are five parcels of land zoned as Agriculture on the 1991 Zoning Map that have been designated for urban uses on the Land Use Map of the 2001 General Plan Update. The following map and table identifies the properties and various attributes. 32 -_._---- --- ~ -----._-- -.--..-.---..----- ~ z+ ~ ~ LO . 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(/) {:.~ _e $'-u.. e '6~~ <( e CI) - :;, '0 ~ 1Ot~ ~ >. u (0 _ c: c:::: ~2i-CI)~:;' c:. i 't::.'-<( U e .0 CD :;, (OC:CI)CI)U g ~ :oit E 1O'~ Q) CD CD- .!!l CD .;:: ~ .u .~ ~ 8 8 ! ~ ~ o.;c:CD c: .sg ."'" c ~ m ~t$ i~.s e. ~ .~ '0 CD CD ~~ ~~&<(~CiS (!) ~ . \- ~oen en --. Reconsider General Plan Classifications As previously noted, there were five parcels involving four property owners, that were reclassified from Agriculture to non-agricultural designations as part of the 2001 General Plan Update to the 1990 General Plan. One of these, the Hayes property, is a hillside parcel not containing prime soils or used agriculturally. The zoning map of the ' Development Code has not yet been amended for those properties nor have any specific conversion project applications been accepted for parcel specific rezoning and development (but one PUD and Tract Map application was suspended by Ordinance Number 536). Adopted General Plan Policy Ag 1-4 and the referenced provisions of CECA Section 16064.7 regarding Thresholds of Significance intend that any conversions of prime farmland soils shall require preparation of an Environmental Impact Report to address this significant adverse environmental impact. Before an individual or parcel specific conversion proposal provides an EIR addressing impacts and alternatives, however, the City may initiate reconsideration of some or all of these reclassifications. (One of the reclassification parcels involves a non-prime hillside residential property, while another has been an institutional non-agricultural use for more than 30 years.) In any event, it should be understood that adopted General Plan policy would require EIR preparation, findings, and overriding considerations to rezone and develop prime farmland soils. It would be more appropriate to reconsider a General Plan reclassification if the City is opposed to such rezoning and conversions. 35 ---~ VI "INSIDE THE BOX" AL TERNA TIVES Below are alternatives presented for Planning Commission and public discussion. These alternatives range from regulatory to voluntary and combinations thereof to effect agricultural conservation. Each of the following alternative recommendations includes a corresponding policy from the 2001 General Plan and/or a recommended implementation measure from the CASP study. A. Zonina Ordinance Revisions 1. Rezoning of Agriculturally Zoned Lands To implement General Plan Policy Ag 3-14 and 3-15, include additional findings specific to approving rezoning applications in Agriculture districts in Development Code Section 16.16.040 (Amendments to zoning districts and other provisions), which are derived in part from the Williamson Act (Government Code Section 51297): \ a. That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the City, and there are no other reasonable or comparable agricultural use to which the land may be put, either individually or in combination with other adjacent prime farmland parcels; and b. The proposed change in zone (or revision to this title) is for a parcel, or for a contiguous set of parcels, that is legally nonconforming as to minimum area in the Agriculture district; and c. The proposed change in zone (or revision to this title) will not result in, intensify, or contribute to discontiguous patterns of urban development; and d. The proposed change in zone (or revision to this title) will not likely result in the removal of adjacent lands from agricultural use; and e. The proposed change in zone (or revision to this title) is for an alternative use which is consistent with the applicable provisions of the city general plan; and f. That there is no proximate land, which is both available and suitable for the use to which it is proposed the prime farmland be put, or, that development of the prime farmland would provide more contiguous patterns of urban development than development of proximate non-prime farmland. 2. Subdivisions in Agriculture Districts To implement General Plan Policy Ag5-2, revise Development Code Section 16.20.060 (Land Divisions) to include the following finding necessary for proposals to subdivide prime farmland and/or lands adjoining an Agriculture district: 36 I ------- _._~-"- I . For a proposed subdivision that includes, or is adjacent to, prime farmland, or is within an Agriculture district; that the design of the tentative map or proposed improvements provide an adequate buffer as determined through environmental review under CEOA to minimize potential conflicts between agricultural and nonagricultural land uses and to protect the public health, safety, and welfare. 3. Allowed Incompatible Development on Agriculturally Zoned Parcels To implement General Plan Policy Ag 3-1 and Ag3-7, revise Development Code Section 16.28.030-A No. 81 to include: Ranch and Farm dwellings appurtenant to a principal agricultural use as permitted. Single Family detached dwellings on conforming lots as permitted. Single Family detached dwellings on legal non-conforming lots as permitted subject to a Conditional Use Permit pursuant to Section 16.16.050. (Development Code Section 16.16.050-D.2 requires the approving body to make the finding that the proposed use would not impair the integrity and character of the district in which it is to be established or located.) The purpose of this revision would be to address potential residential development of antiquated subdivisions and discourage additional single family dwellings on prime farmland that are not in conjunction with an agricultural operation, which is otherwise provided for in the Rural Residential and Residential Suburban districts. 4. Allowed Uses in Agricultural Districts To implement General Plan Policy Ag1-1.2, Ag3-4, and Ag4-4 revise Development Code Table 16.28.030-A No. C. (Commercial Uses) to include the following subject to Conditional Use Permits: greenhouses (with specific performance criteria), wholesale nurseries, guest ranches, and large animal veterinary offices; and No. E. (PubliclOuasi- Public Uses) include public facilities when required by health, safety, or public welfare, and community gardens as conditionally permitted. . 37 - 5. Agricultural Site Development Standards a. To implement General Plan Policy Ag3-10, revise Development Code Table 16.28.040-A to include a Maximum Building Site Area of 1 acre. b. To implement General Plan Policy Ag3-10, revise Development Code Section 16.28.040B. to include the following language: Accessory buildings and structures shall be sited to minimize disruption of agricultural operations, avoid conversions of productive farmland and take maximum advantage of existing infrastructure. c. To implement General Plan Policy Ag3-11, revise Development Code Section16.28.040B to include a Maximum Density of 2 dwelling units for parcels equal or larger than 20 acres and 1 dwelling per parcel for parcels less than 20 acres. d. To implement General Plan Policy Ag6-1, revise Development Code Section 16.28.040B to indicate a minimum parcel size of 20 acres. (The 2001 General Plan calls for 40 acre parcel sizes on property with non- irrigated, non-cultivated and/or non-prime soils, however, there are no Agricultural zoned properties with Class I or II soil over 40 acres within the City.) B. MitiQation Ordinance 1. To implement and amend General Plan Policy A1-4, introduce a prime farmland conversion mitigation ordinance that provides for permanent conservation easements on prime farmland at a ratio of at least 2 to 1 (2001 General Plan Update indicates 1 to 1) with regard to acreage of land converted from the capability for agricultural use within the City and at least 2 to 1 with regard to acreage of land converted from the capability for agricultural use outside the City but within the City's Area of Environmental Concern. Appendix F includes an example ordinance. A General Plan Amendment to policy A1-4 would be considered concurrent with this Development Code Amendment to assure that the mitigation ratios are consistent. Example Mitigation for Subdivision and Rezoning of Agricultural Land Ag zoned parcel of 10 acres with prime farmland soil - designated Ag on the General Plan. Owner wants to rezone residential and subdivide into single-family lots (4.5 dwelling units/acre). EIR prepared pursuant to CEOA would determine impact of conversion and identify possible alternatives and mitigation measures. 38 --- Mitigation would require 20 acres of prime farmland within city limits to be permanently preserved with an agricultural conservation easement or 20 acres of prime soil to be permanently preserved with a agricultural conservation easement outside the City limits within the Area of Environmental Concern. Mitigation includes fees from the owner to cover the costs of appraisals and costs associated with securing the easements (approx. $3,000 appraisal, approx. $5,000 easement fee to be used for monitoring, approx. $3000-$8,000 easement draw-up fee). OR An in lieu fee would require the owner give the city a fee that would enable the purchase of a conservation easement of 20 acres of prime farmland with a minimum amount based on a previous purchase within the City and fees to cover all appraisals and fees associated with determination of easement value. If it can be adequately demonstrated that alternatives and/or mitigation can be accomplished and the required findings and overriding considerations justified then the project could be approved. C. Buffers 1. Ordinance for new or re-development To implement General Plan Policy Ag5-2, introduce a buffer ordinance applicable to all new development or redevelopment that is adjacent to Agricultural property (an example ordinance is in Appendix E). The proposed minimum buffer is 100 feet, including a 20 foot landscaped strip as described in the 2001 General Plan. Greater buffers may also be required upon the recommendation of the San Luis County Agricultural Commissioner. Conversely, the ordinance allows for a partial exception if it can be demonstrated that an adequate physical buffer (such as Arroyo Grande creek) exists between the agricultural use and the non-agricultural use if approved by the County Agricultural Commissioner. Although varied buffer distances were analyzed, 100 feet appears adequate as a minimum distance to protect both agricultural operations and the community. 2. Zoning Overlay for Buffers Establish a zoning overlay implementing a buffer around all Agriculture property as depicted on the map in E-1. D. Transfer of Develo,?ment Credit Ordinance To implement General Plan Policy A1-4 and CASP Action Plan Alternative 5.5, introduce a Transfer of Development Credit Ordinance to achieve agricultural protection, incentive to property owners and a mechanism to direct growth to 39 _.._---_..._-~ -- -- - ._--~----~- appropriate areas. Appendix F contains an example ordinance language. It would be beneficial if the County would also adopt the ordinance. Additionally, the following actions should be implemented in conjunction with ordinance adoption (these actions are more thoroughly discussed in the CASP study): . Develop a joint powers agreement or pass-though agreement with the County. . Designate appropriate receiving sites in the Housing Element Update study. . Continue consultation with the County Assessor's office. . Create a local chapter of the Land Conservancy of San Luis Obispo including policy for organization and management. E. General Plan Amendment to revise the land use map If consideration is given to the first 5 "Inside the Box" alternatives, in order to maintain consistency, it would be advantages to reconsider the General Plan designation of the four properties involving prime farmland soils that are currently zoned Agriculture (see map 13 and Table 3). . F. Aaricultural Conservation Easement Proaram To implement General Plan Policy AG1-3 AG/C/OS.15-21, ED3, and CASP Action Plan Alternative 5.3, create an Agricultural Conservation Easement Program (ACEP) to address the predominant parcels within the City that do not meet minimum criteria and are not eligible for Williamson Act contracts. The program should provide for "linked" easements to create larger areas for protection and agricultural operations. Components of the program should include: . Apply for funding from the California Coastal Conservancy or the California Conservation Department to set up the ACEP and develop a model agricultural conservation easement, determine funding mechanisms including mitigation funds and special taxes or assessements, and determine if there is a benefit for easements limited to 10,20 or 30 years. . Develop an Arroyo Grande chapter of the Land Conservancy of San Luis Obispo County or partner with the Resource Conservation District as per Division 9 of the Public Resources Code, including policies for organization and management. . Develop an education and outreach workshop for local farmers to individually meet with American Farmland Trust consultants to discuss and calculate the costs and benefits of placing agricultural conservation easements on their land. 1 Map 13, unlike Maps 1-9, indicates the most recent location of boundary lines of the Dorfman property that is zoned for Agriculture and excludes the portion zoned HC D2.11. 40 ~--,._.._-- -._----- -_._._---~----_._.--_..~-_.._----- --- . Develop a mechanism in conjunction with the County Assessor to describe tax relief or other incentives for farmers to provide more acceptable terms and conditions for voluntary conservation easements. G. Support Local AQricultural Enterprise . Allow and encourage the use of permanent and temporary greenhouses in agricultural zones (this is included in proposed zoning revisions in No.1). . Create a program that provides for cooperative produce sales at a common location. . Host a small-parcels farming workshop in conjunction with the University of California Small Farm Center and Cal Poly's Sustainable Ag Program. . Allow agri-tourism and agricultural related directional signage such as farm-stay or winery location sign provisions. Work with the County's Farm Bureau in exploring ways and means of implementing an agri-tourism program. . Develop an education and outreach program aimed at heightening public awareness of the cost-benefits of agriculture preservation. H. Environmental Review - Thresholds of SiQnificance usinQ the LESA system or a similar system General Plan AG1-4 requires development of thresholds of significance for CEQA analysis as provided for by CEQA Guidelines Section 15064.7, that considers loss of prime farmland soils as a significant adverse environmental impact. CEQA appendix G states that a project will normally have a significant impact on the environment if it will a) conflict with adopted environmental plans and goals of the community where it is located. b) convert prime agricultural land to non-agricultural use or impair the agricultural productivity of prime agricultural land. Point systems are sometimes used as methodology in determining agricultural suitability and productivity. A weighting system can be developed for use in the initial study process and in determining thresholds of significance. The point system would provide for a known, clear and consistent basis to identify potentially significant impacts. If such impacts are identified, site-specific evaluation is considered in an EIR. VII "OUTSIDE THE BOX" AL TERNA TIVES Below are additional alternatives presented for Planning Commission and public discussion. A. Shared or City agricultural irrigation wells or other assisted water supplies! reclamation: 41 - -.-----........-..------ 1. Allow agricultural irrigation wells inside the City to provide a more economical water supply to small-lot or adjacent conservation areas. 2. Assist with the development of strategic City wells to provide for irrigation of particularly small lot or conservation easement priority areas or properties. 3. Consider storm water retention and/or sanitary sewer reclamation and reuse by storage and distribution system development to recycle former wastewater "effluent" or "runoff' as supplemental sources for agricultural irrigation. 4. Consider developing upstream retention and recharge basins and reservoirs to enhance ground and surface water supply. B. Compromise or combine preservation and conversion concepts into several Planned Residential Clusters (PRCs) enabled at edges or infill locations as a means of avoiding Ag-Iand fragmentation or facilitating prime Ag-Iand conservation and consolidation: 1. Create small clusters or combined PRC and conservation easements utilizing current infrastructure and strategic linked conservation easements to create buffers and stabilize urban/agricultural edges. 2. Allow conversions of non-prime portions of internal or annex external non- prime portions of properties to concentrate limited urban expansions as a "trade off' for prime-land preservation agreements. For example, Hillside PRCs might fund conservation easements in the Arroyo Grande Valley. Other concept examples include property development north of Lopez Drive/Huasna Road, which may assist strategic agriculture conservation easement acquisition. Hillside annexation southeast of the City may also be considered. Other TDC areas linked for partial preservation or related conservation easements include Hollywood and Ellsworth, High School and EI Campo areas. C. Specialized housing or cooperative Farm/Agricultural-Residential Mixed Use farm developments: 1. Assisted or non-profit development of farmworker housing and service complexes (such as day care), in or near production crop cooperative produce sales or processing locations. Possible locations include: . Branch Mill and Coach Road . Halcyon Road . Valley Road/Los Berros . Lopez and Huasna D. Negotiated conservation and conversion agreements: 42 ~-_._~_._._----_. --_...-._--~- 1. Link limited conversions to acquisition of conservation easements. For example, Dorfman Planned Development versus internal agricultural component. APPENDICES A. Definitions B. Agricultural Workshop Press Release, Notices, Organizations and Attendees C. Public Comment Letters D. Press reports E. Example Buffer Ordinance F. 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",'1' ...~. ~~-;.vil?: ' "'" 2001 GENEAAL plJ>.N UPDATE _ Planning Area - AEC _ -. ___ 2001 City Umits ..-..." Sphere Of Influence (SOl), Proposed ~\., :>' ; . . .... , . . Sphere Of Influence (SOl) To Be Excluded ::, ; '" . .._ .. ... ~ . ....._ - .. - .. - ... ....0.. .. . INTRa - 9 . . APPENDIX A DEFINITIONS ... .9 . - - - . . . -- --- - APPENDIX A - DEFINITIONS Buffer Zone - A:n. area designed to separate potentially incompatible land uses. For example) agricultural uses will sometimes be buffered from nearby residential uses to enable the two to peacefully coexist. Compatibility - The characteristics of different uses or - activities that allow them to be located near each other without creating conflict. Some elements that affect compatibility include: intensity of occupancy as measured by dwelling units per acre; pedestrian or motor vehicle traffic generated; volume of. goods handled; and such environmental effects as noise) vibration) glare) air pollution and radiation. . ' ... Conditions - Under some circumstances) an agency can require a project proponent to perfonn certain acts or meet ~ertain requirements as part of the agency's approval of the project. Conservation - The wise or sustainable use of a renewable resource. See preservation. Conversion. - The zone change of a property from agriculture to any other land use category in order to allow for the construction of urban infrastructure or buildings. Cumulative impact - The overall effect on the environment or the functioning of a city from various land use projects that have been implemented or are planned. Development - Development rights - The ability to develop a property for specific uses. Also development rights can be considered the speculative real-estate value of a property if development occurs. Economic use of property - "uneconomic character" no other reasonable or comparable agricultural use to which th~ land may be put either individuaUy or in combination with other adjacent prime fannland parcels. Eminent Domain - The process by which public agencies acquire private property for public use) when the owner of that property is unwilling to sell. Exaction - An. exaction is a specific fonn of condition on a public agency's approval of a development proposal. There are typically two kinds of exactions required by public agencies: 1) dedications and 2) fees. A dedication typically involves the provision of a benefit to the public as mitigation for the impact of a proposed project on public facilities. An example of one kind of dedication is a condition requiring the applicant to dedicate (and perhaps improve) roadways) provide easements or public greenbelts. Alternatively, the agency may require the owner to pay fees to finance public improvements (sometimes referred to as "monetary exactions"). . . . . ! , . Fees - Also known as monetary exactions, fees require a project proponent to pay certain amounts in order to have their applications processed (the fees reimburse the agency for the expenses of processing the application). Fees also may be assessed- to help mitigate the impact of a proposed development on the community (for example, school facilities fees to help expand the schools to assure they have enough capacity for the demanc;l created by a new housing development). State law closely regulates the adoption, levy, collection and challenge to development fees imposed by a local public agency." It applies to both fees imposed on a broad class of projects by legislation of general applicability and fees imposed on a project-specific basis. Finding - A detennination or conclusion based on the evidence presented to the-pub~c hearing body, such as the planning commission, in support of its decision. Findings explain and justify the agency's decision to the public and to the courts. Mitigation :Measures - In the context of the California Environmental Quality Act, measures that modify a project to reduce or eliminate a significant environmental impact. Moratorium - Usually a freeze on new development pending the.. completion" and adoption of certain planning and zoning ordinance requirements (for example, generar plan, zoning ordinance amendment, sewer line installations or growth management programs.) Voters have also approved moratoria, for example when schools and other public facilities have been ovetwhelmed by rapid growth. Permitted Use - A use by right that is specifically authorized in a.. particular zoning district. Contrast with conditional uses that are authorized only if certain requirements are met and after review and approval by the planning commission. Police Power - The legal basis for planning and land use regulation is the "police power" of the city to protect the public's health, safety and welfare. The California Constitution gives cities and counties the power to make and enforce all 'local police, sanitary and other ordinances and, regulations not in conflict with general laws. Preservation - Complete protection of a unique or non-renewable. resource. See conservation. . . Rezone - If a landowner proposes a use that is not allowed in a zone, then a change of " zone must be obtained. Sprawl - Dispersed, irresponsible development outside of compact urban and village ' -. centers along highways and in rural countryside that destroys green space, increases traffic and air pollution, and negatively impacts the ability to provide public services. Subdivision - The division of land, lot, tract, or parcel into two or more lots, parcels, plats, or sites, or "Other divisions of land for the purpose. of sale, lease, offer, or development. . . ----- I . Subdivision _Map Act -- A subdivision is any division of land for the purpose of sale, lease or financing. Subdivisions are governed by the California SubdiVision Map Act. Generally, a subdivision requires a tentative map approved by the local agency and a fmal map (based on the qualified survey of the land) filed with the county recorder. Local agencies regulate and control the design and improvement of the subdivision; many local agencies have adopt~d ordinances specifying the agency's requirements for subdivisions. Taking - One of the most contentiou~ areas of land use law , involving the question of what type of public agency action constitutes a regulatory taking." The law of takings derives from the 5th Amendment ofthe U.S. Constitution: ". . . nor shall private property be taken for public use without just compensation." Simply defined, a taking occurs when a public agency-either condemns property to build public projects (also referred to as eminent domain) or physically occupies or damages property. The Takings Clause does not prohibit these activities; it merely requires that the public agency pay property owners'~ust compensation." Zone - Zones are geographic areas where a specific type of use has been establishedior existing buildings and land as well as future development. The type of use within a zone is governed by that zone's "zoning regulations." These regulations govern sizes and shapes of buildings, the number of dwelling units that can exists on a property. Zoning regulations may govern other act!vities as well, such as tree planting or car parking. . . . . ------ -_.~-~- - .. ----_.._-.....__._----~-~~- ---- -._-~_._---~-_._.~._- ------.------.-- -.,-..-..--- RESOLUTION NO. 3699 - OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, .County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3699 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 22nd day of July, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of July, 2003. . ~/U-- RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK