HomeMy WebLinkAboutAGENDA REPORT 2006 1220 CC REG ITEM 09GrT
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MOORPARK CITY COUNCIL''"''
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: David A. Bobardt, Planning Manag
DATE: December 8, 2006 (CC Meeting of 12/20/2006)
SUBJECT: Consider Ventura County Local Agency Formation Commission
(LAFCO) Draft Policies to Address Mitigation for Impacts to
Agricultural Land Resources
BACKGROUND
On December 6, 2006, Councilmember Parvin requested an agenda item for the
December 20, 2006 Council meeting to discuss draft Local Agency Formation
Commission (LAFCO) policies related to agricultural land resource impact mitigation.
DISCUSSION
LAFCO's authority in determining public agency boundaries is established by the
Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, found in
Section 56000 et seq. of the Government Code. In this Act, the legislature recognized
that the logical formation and determination of local agency boundaries is an important
factor in promoting orderly development and in balancing that development with
sometimes competing state interests of discouraging urban sprawl, preserving open -
space and prime agricultural lands, and efficiently extending government services. The
act specifically addresses the conversion of agricultural lands in §56377 as follows.-
In reviewing and approving or disapproving proposals which could
reasonably be expected to induce, facilitate, or lead to the conversion of
existing open -space lands to uses other than open -space uses, the
commission (LAFCO) shall consider all of the following policies and
priorities:
(a) Development or use of land for other than open -space uses shall be
guided away from existing prime agricultural lands in open -space use
toward areas containing nonprime agricultural lands, unless that action
would not promote the planned, orderly, efficient development of an area.
\\Mor_pri_sery \City S hare\Comm unity Development\COU NCI L\Misc Reports \061220 LAFCO Ag Mit Policies. doc
Honorable City Council
December 20, 2006
Page 2
(b) Development of existing vacant or nonprime agricultural lands for
urban uses within the existing jurisdiction of a local agency or within the
sphere of influence of a local agency should be encouraged before any
proposal is approved which would allow for or lead to the development of
existing open -space lands for non - open -space uses which are outside of
the existing jurisdiction of the local agency or outside of the existing sphere
of influence of the local agency.
In response to this state legislation, the Ventura County LAFCO adopted agricultural
land preservation policies as part of its Commissioner's Handbook (Attachment 1).
LAFCO has also more recently been considering specific policies related to
environmental documentation and mitigation of agricultural land resource impacts
(Attachment 2). These policies have been proposed in order to encourage cities to
prepare environmental documents for projects involving annexations that also meet
LAFCO's need (as a California Environmental Quality Act (CEQA) responsible agency)
to:
• analyze agricultural land resource impacts consistent with the Cortese -Knox-
Hertzberg Act definition of prime agricultural land, and
• identify potentially feasible mitigation measures for farmland conversion and
conflicts between agricultural and urban uses.
Compliance with these draft policies would save time for LAFCO review and avoid
duplicative analyses by using the Cortese- Knox - Hertzberg Act definition for prime
agricultural land at the beginning of the project review process during preparation of the
environmental document. This definition (Gov. Code §56064) is as follows:
"Prime agricultural land" means an area of land, whether a single parcel
or contiguous parcels, that has not been developed for a use other than
an agricultural use and that meets any of the following qualifications.
(a) Land that qualifies, if irrigated, for rating as class I or class 11 in the
USDA Natural Resources Conservation Service land use capability
classification, whether or not land is actually irrigated, provided that
irrigation is feasible.
(b) Land that qualifies for rating 80 through 100 Stone Index Rating.
(c) Land that supports livestock used for the production of food and
fiber and that has an annual carrying capacity equivalent to at least one
animal unit per acre as defined by the United States Department of
Agriculture in the National Handbook on Range and Related Grazing
Lands, July, 1967, developed pursuant to Public Law 46, December
1935.
(d) Land planted with fruit or nut - bearing trees, vines, bushes, or crops
that have a nonbearing period of less than five years and that will return
during the commercial bearing period on an annual basis from the
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Honorable City Council
December 20, 2006
Page 3
production of unprocessed agricultural plant production not less than four
hundred dollars ($400) per acre.
(e) Land that has returned from the production of unprocessed
agricultural plant products an annual gross value of not less than four
hundred dollars ($400) per acre for three of the previous five calendar
years.
It should be noted that the latest revised draft policies are directory and not mandatory.
LAFCO held a public workshop and public hearing on November 9, 2006 and December
6, 2006, respectively, to discuss these draft mitigation policies. A copy of the draft
policies as amended per direction given at the December 6, 2006 hearing is included as
Attachment 2. The Commission has continued the public hearing open to January 17,
2007. Written comments on the draft policies will be accepted up to the time of the
hearing.
STAFF RECOMMENDATION
Direct staff as deemed appropriate.
Attachments:
1. Section 3.1.5 of the Ventura LAFCO Commissioner's Handbook
2. Draft LAFCO Agricultural Land Mitigation Policies
Lafc= Ventura
PM
Local Agency Formation Commission
COMMISSIONER'S HANDBOOK
THE POLICIES AND PROCEDURES OF THE VENTURA LAFCO
Ventura LAFCO
800 South Victoria Avenue
Ventura, CA 93009 -1850
(805) 654 -2576 (phn)
(805) 477 -7101 (fax)
www.ventura.lafco.ca.gov
JANUARY 1, 2002
With Amendments and Updates through April 16, 2003
CC ATTACHMENT 1.e -.
VENTURA LAFCO COMMISSIONER'S HANDBOOK
JANUARY 1, 2002
SECTION 3.1.5 AGRICULTURE AND OPEN SPACE PRESERVATION
3.1.5.1 Findings and criteria for prime agricultural and open space land
conversion: LAFCO will approve a proposal for a change of organization or
reorganization which is likely to result in the conversion of prime agricultural or open
space land use to other uses only if the Commission finds that the proposal will lead to
planned, orderly, and efficient development. For the purposes of this policy, a proposal
for a change of organization or reorganization leads to planned, orderly, and efficient
development only if all of the following criteria are met:
i. The territory involved is contiguous to either lands developed with an urban
use or lands which have received all discretionary approvals for urban
development.
ii. The territory is likely to be developed within 5 years and has been pre -
zoned for non - agricultural or open space use. In the case of very large
developments, annexation should be phased wherever possible.
iii. Insufficient non -prime agricultural or vacant land exists within the existing
boundaries of the agency that is planned and developable for the same
general type of use.
iv. The territory involved is not subject to voter approval for the extension of
services or for changing general plan land use designations. Where such
voter approval is required by local ordinance, such voter approval must be
obtained prior to LAFCO action on any proposal unless exceptional
circumstances are shown to exist.
V. The proposal will have no significant adverse effects on the physical and
economic integrity of other prime agricultural or open space lands.
3.1.5.2 Findings that insufficient non - Drime agricultural or vacant land exists: The
Commission will not make affirmative findings that insufficient non -prime agricultural or
vacant land exists within the boundaries of the agency unless the applicable jurisdiction
has prepared a detailed alternative site analysis which at a minimum includes:
i. An evaluation of all vacant, non -prime agricultural lands within the
boundaries of the jurisdiction that could be developed for the same or
similar uses.
ii. An evaluation of the re -use and redevelopment potential of developed areas
within the boundaries of the jurisdiction for the same or similar uses.
iii. Determinations as to why vacant, non -prime agricultural lands and potential
re -use and redevelopment sites are unavailable or undesirable for the same
or similar uses, and why conversion of prime agricultural or open space
lands are necessary for the planned, orderly, and efficient development of
the jurisdiction.
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VENTURA LAFCO COMMISSIONER'S HANDBOOK
JANUARY 1, 2002
3.1.5.3 Impacts on adjoining prime agricultural or open space lands: In making
the determination whether conversion will adversely impact adjoining prime agricultural
or open space lands, the Commission will consider the following factors:
i. The prime agricultural and open space significance of the territory and
adjacent areas relative to other agricultural and open space lands in the
region.
ii. The economic viability of the prime agricultural lands to be converted.
iii. The health and well being of any urban residents adjacent to the prime
agricultural lands to be converted.
iv. The use of the territory and the adjacent areas.
V. Whether public facilities related to the proposal would be sized or
situated so as to facilitate the conversion of prime agricultural or open
space land outside of the agency's sphere of influence, or will be
extended through prime agricultural or open space lands outside the
agency's sphere of influence.
vi. Whether natural or man -made barriers serve to buffer prime agricultural
or open space lands outside of the agency's sphere of influence from the
effects of the proposal.
vii. Applicable provisions of local general plans, applicable ordinances that
require voter approval prior to the extension of urban services or
changes to general plan designations, Greenbelt Agreements, applicable
growth- management policies, and statutory provisions designed to
protect agriculture or open space.
viii. Comments and recommendations by the Ventura County Agricultural
Commissioner.
SECTION 3.1.6 SCHOOL CAPACITY
In addition to the factors and determinations required by state law, LAFCO will consider
whether or not the territory involved in a proposal for a change of organization or
reorganization can be served by affected school districts. LAFCO will not favor any
change of organization or reorganization proposal where any affected school district
certifies that there is not sufficient existing school capacity, or will not be sufficient
school capacity at the time of development, to serve the territory involved.
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Ventura
Lafc= local Agency Formation Commission -�N!
DRAFT LAFCO POLICIES TO ADDRESS MITIGATION FOR IMPACTS TO
AGRICULTURAL LAND RESOURCES
Revised 12/7/2006
1. Environmental documents associated with projects ate ire CO
approval that identify potential impacts to agricult ral r o rtes sh uld
disclose the degree of impact according to the d finit. n prime ricultural
land as defined by Government Code Section 5 064. j 1
2. If the intent of a project, program or plan is to ccom da dis retionary
development that would result in a p ntia y i nific nt loss of r' e
agricultural land as defined by G ernment od Se tion 6064, roject-
specific environmental doc a (or pro ra EI in th case f 'tiered'
EIRs) sh include an na is o p ential y f asib miti of measures to
mini ' e the ss g cul r a s. The ac of a re- adopted lead
ency agricul ra mitig n p cy f rogr m a of constitute an
exem n fro this Pol' y.
3. A la d's c rren z ning, pre -z ning, n ral plan land use designation or
location r lativ to any tally do d growth boundary may not
auto atic Ily e e pt it rom the provisions of LAFCO's polices regarding
miti atio Ex' tin co ditions should be considered as the CEQA "baseline"
forte rpo a of Vsis.
4. If the inte of a project is to accommodate the development of discretionary,
non- (cultural land uses adjacent to land designated as 'agricultural' in the
licable general plan, the CEQA document should include an analysis of
the feasibility of imposing an agricultural buffer. When a buffer requirement
is determined to be feasible, the lead agency should adopt a buffer
requirement. All buffers should be consistent with applicable buffer
ordinances or general plan policies. For those jurisdictions that have not
adopted buffer ordinances /policies, buffers should be consistent with the
current recommendations of the Ventura County Agricultural Commission's
Office.
CC ATTACHMENT 2
County Government Center . Hall of Administration • 800 S. Victoria Avenue • Ventura, CA 93009 -1850
Tel (805) 654 -2576 • Fax (805) 477 -7101
http:ihvww.ventu ra.lafco.ca.gov