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R 3739 RESOLUTION NO. 3739 A RESOLUTION OF THE CITY COUNCIL OF ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT 03- 003 TO AMEND THE AGRICULTURAL, CONSERVATION AND OPEN SPACE ELEMENT REVISING OBJECTIVE AG1 RELATING TO CONVERSION OF PRIME AGRICULTURAL LAND; POLICY AG3-11 RELATING TO FARMWORKER HOUSING; AND POLICIES AND IMPLEMENTATION MEASURES FOR AG1-3, AG3-5, AND AG3-6 RELATING TO AGRICULTURAL CONSERVATION EASEMENT PROGRAMS WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on October 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency in accordance with Government Code Section 65860; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, 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 Conservation of Agricultural Resources for the City of Arroyo Grande (Agricultural Report) attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, on July 22,2003, the City Council adopted Resolution No. 3699, a portion of which initiated the preparation of programs for facilitation of Agricultural Enterprise and Agricultural Conservation Easement programs, among other recommendations from the Agricultural Report; and WHEREAS, on July 22,2003, the City Council also engaged in substantial discussion regarding modification of language for Objective Ag1 in the Agricultural Conservation and Open Space Element; and WHEREAS, on November 25, 2003, the City Council adopted an update to the Housing Element of the General Plan which included an allowance of Farmworker housing on Agricultural lands; and RESOLUTION NO. 3739 PAGE 2 WHEREAS, on February 3, 2004 and March 2, 2004, public hearings were held by the Planning Commission to consider the information and public testimony and staff reports and adopted Resolution No. 04-1916 by a 4-1 vote that recommended that the City Council approve General Plan Amendment 03-003; and WHEREAS, on March 23, 2004, the City Council has reviewed and considered the information and public testimony presented at the public hearings, Planning Commission recommendations, staff reports, and all other information and documents that are part of the public record; 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 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 insignificant and a Negative Declaration was prepared. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby directs the Agriculture, Conservation and Open Space Element of the General Plan to be amended as shown in Exhibit "A" attached hereto and incorporated herein and adopts a negative declaration with respect thereto. 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 Runels and Lubin ABSENT: None the foregoing Resolution was adopted this 23rd day of March 2004. ..,..",-,~ RESOLUTION NO. 3739 EXHIBIT "Au The following objective. policies and implementation measures of Agriculture, Conservation and Open Space Amendment of the General Plan shall be amended accordingly: Ag 1 Avoid and/or mitigate loss of prime farmland soils and conserve non-prime Agriculture use and natural resource lands. Ag3-11 Allow residential density of no more than two primary dwelling units on each legal parcel of 20 acres or larger within the Ag category. Accessory units for farmworker housing at a higher density may be allowed on parcels greater than 20 acres subject to obtaining a conditional use permit. Allow no more than one primary dwelling unit on each parcel of less than 20 acres; exceptions may be allowed for farmworker housing located on non-prime Agriculture designated lands subject to obtaining 'a conditional use permit. Ag1-3 Support existing programs and develop strategies to retain areas of farmland soils for agricultural use, and other Conservation/Open Space (C/OS) areas in a natural, undeveloped state. Ag1-3.1 Encourage Williamson Act participation and acquisition of agricultural conservation easements by agricultural landowners. An inventory of parcels under Williamson Act contract and those with agricultural conservation easements within the City shall be maintained by the Community Development Department and the status of those contracts/easements reported to the Planning Commission and City Council. The City's objective shall be 100% of either Williamson Act enrollment of qualified parcels or agricultural conservation easement acquisition. The City's aim shall be to maintain contiguity of Ag and C/OS parcels and avoid fragmentation of areas having .prime farmland soils or non-prime Conservation/Open Space designation. -. Ag 3-5 All Ag-designated lands shall be considered 'Agricultural Preserve' for Land Conservation Act (Williamson Act) purposes and eligible to enter into Williamson Act contracts to the extent that statutory qualifications are satisfied.. The City shall encourage agricultural conservation easements for lands that are not eligible for Williamson Act contracts. . Ag 3-5:1 Promote Williamson Act contracts, or agricultural conservation easements, on Ag-designated properties within the City limits and in the City's. Area of Environmental Concern. The City's aim shall be 100% participation of qualified Ag-designated properties that are otherwise not protected in perpetuity. Ag 3-6 Encourage lot mergers and consolidations, within the Ag district, and among properties seeking inclusion into the Ag district, or meet minimum parcel size requirements for Williamson Act participation and City standards for Agriculture uses, and encourage joint participation in linked agricultural conservation easements. Ag 3-6.1 Establish incentives for lot mergers and consolidations. The City's aim shall be 100% of Ag-designated properties to be qualified Williamson Act participation and compliant with City standards, or s~bject to agricultural conservation easements. -- RESOLUTION NO. 3739 PAGE 3 ~:/~ / TONY M. F RA, MAYOR ArrEST: . ,DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~-t~. CITY MANAGER APPROVED AS TO FORM: . -- RESOLUTION NO. 3739 OFFICIAL CERTIFICATION I, KELL Y 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. 3739 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 23thday of March, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of March, 2004. .~hL- MORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK -~