R 3711
RESOLUTION NO. 3711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING GENERAL PLAN
AMENDMENT 03-002; AMENDING THE LAND USE MAP TO
CHANGE THE LAND USE DESIGNATION OF FOUR
PARCELS TO AGRICULTURE, MODIFICATION OF
LANGUAGE IN THE LAND USE ELEMENT, AND AMENDING
THE AGRICULTURE, CONSERVATION AND OPEN SPACE
ELEMENTS TO REVISE IMPLEMENTATION POLICY FOR
MITIGATION OF CONVERTED AGRICULTURAL LANDS
WHEREAS, on January 14, 2003, the City Council adopted Ordinance No. 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, based on public input and articulated Council policy, City staff prepared the
Report on the Conservation of Agricultural Resources for the City of Am>yo Grande
(Agricultural Report), attached as Exhibit A to Resolution No. 3699 and incorporated therein
by reference; and
WHEREAS, on 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 Conservation of
Agricultural Resources for the City of Am>yo Grande (Agricultural Report); and
WHEREAS, after consideration of all testimony and all relevant evidence, the Planning
Commission recommended that the City Council initiate the preparation of an amendment
of the General Plan Land Use Map for four (4) prime agricultural properties among other
recommendations from the Agricultural Report; and
WHEREAS, on July 22, 2003, the City Council 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 made the following findings:
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
No. 419 C.S., commission of the Coordinated Agriculture Support Program study
and Ordinance No. 536;
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RESOLUTION NO. 3711
PAGE 2
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;
WHEREAS, on July 22, 2003, the City Council adopted Resolution 3699, a portion of which .
initiated the preparation of a General Plan Amendment redesignating the land use category
for four (4) certain properties and modification of Land Use Element Policy Statement LU5-
13 and Agriculture, Open Space and Conservation Element Implementation Policy AG1-4.2
among other recommendations from the Agricultural Report.
WHEREAS, on August 19, 2003, the Planning Commission held a public hearing to
consider the alternatives outlined in the Agricultural Report and General Plan Amendment
No. 03-002 and adopted Resolution No. 03-1899 by a 3-2 vote that recommended that the
City Council redesignate all four parcels back to Agriculture, delete General Plan policy LU
5-13, and modify General Plan policy Ag 1-4.2 regarding mitigation, and
WHEREAS, on August 26, 2003, the City Council held a public hearing on the Planning
Commission recommendations as outlined in Resolution No. 03-1899, and after discussion
of various alternatives that differed from the redesignation of all four parcels back to
Agriculture, referred the matter back to the Planning Commission for further review and
recommendation, and
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RESOLUTION NO. 3711
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WHEREAS, on September 16, 2003, the Planning Commission again considered
alternatives and received additional staff report and public testimony, and determined by the
same 3-2 vote to reaffirm the recommendations contained in Resolution No. 03-1899, to
redesignate all four parcels back to Agriculture as the most appropriate alternative,
consistent with other General Plan policies regarding potential conversion, mitigation,
required findings and other recommendations initiated by City Council Resolution No. 3699,
and
WHEREAS, on September 23, 2003, the City Council reviewed and considered the
information and public testimony presented at the public hearings, Planning Commission
recommendations, staff reports, and aU other information and documents that are part of the
public record; and
WHEREAS, the City Council has determined that the following General Plan Amendment
findings can be made in an affirmative manner:
1. The proposed amendment land use designation provides consistency with the goals,
objectives, policies and programs of the general plan and remedies internal
inconsistencies within the plan; and
2. The proposed amendment conserves agricultural resources and will not adversely
affect the public health, safety, and welfare; and
3. The potential environmental impacts of the proposed amendment are considered
and analyzed in the Certified Program EIR for the 2001 General Plan Update and
are considered insignificant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby directs the following:
I. The land use category for the following properties shown in the 2001 General
Plan Update Urban Land Use Element Map shall be redesignated to Agriculture as
shown in Exhibit A attached hereto and incorporated herein:
1. Assessors Parcel Number (APN) 007 -621"()23, generally located on the
southerly side of E. Cherry Avenue between Pacific Coast Railway Place
and Traffic Way, consisting of approximately 7.4 acres, owned by Dorfman
Homes Inc., current land use designation Mixed Use/Planned Development
proposed to be changed back to Agriculture;
2. A portion of APN 007 -621"()73, generally located on the southerly side of E.
Cherry Avenue between Pacific Coast Railway Place and Traffic Way,
consisting of approximately 2.8 acres, owned by Dorfman Homes Inc.,
current land use designation Mixed Use/Planned Development proposed to
be changed back to Agriculture;
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RESOLUTION NO. 3711
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3. APN 007-621-001, 1.6 acres, generally located on the southerly side of E.
Cherry Avenue near Pacific Coast Railway Place, owned by the Arroyo
Grande Valley Japanese Welfare Association, current land use designation
Mixed Use/Planned Development proposed to be changed back to
Agriculture;
4. APN 007-761-022, approximately 4.9 acres, located- at 1273 Branch Mill
Road, owned by Bruce Vanderveen, current land use designation Single
Family Residential - Low Density proposed to be changed back to
Agriculture.
II. Land Use Element Policy Statement LU5-13 of the 2001 General Plan Land Use
Element shall be deleted in its entirety.
III. Agriculture, Conservation and Open Space Element, Implementation Policy AG
1-4.2 shall be amended as follows:
"Possible mitigation for loss of areas having prime farmland soils may include
permanent protection of prime farmland soils at a ratio of at least 1: 1 and up to 2: 1 with
regard to the acreage of land removed from the capability for agricultural use.
Permanent protection may involve, but is not limited to, dedication of a perpetual
agricultural or conservation easement or other effective mechanism to ensure that the
area chosen as mitigatiori shall not be subject to loss of its prime farmland soils.
Suitability of location shall be determined 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 acceptable to the City
Council. ..
On motion by Council Member Costello, seconded by Council Member Dickens, and by the
following roll call vote, to wit:
AYES: Council Members Costello, Dickens, and Mayor Ferrara
NOES: Council Members Lubin, Runels
ABSENT: None
the foregoing Resolution was adopted this 23rd day of September 2003.
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RESOLUTION NO. 3711
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TONY M.
ATTEST:
APPROVED AS TO CONTENT:
~~MANAGER
APPROVED AS TO FORM:
i
. .
Exhibit A 1 EXHIBIT A
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Shaded area to change land use designation from
Mixed-Use (MU) to Agriculture (AG).
Exhibit" A2 -
Shaded area to change land use designation from
low Density Residential (lD) to Agriculture (AG).
.
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RESOLUTION NO. 3711
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. 3711 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo. Grande on the 23rd day of September,
2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th
day of September, 2003.
tJUft~tUD~
E, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
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