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Resolution Number 77-4-6-1
14 RESOLUTION NO. 77-4-6-1 GENERAL PLAN AMENDMENT 77-1 (AGRICULTURE PRESERVATION) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 77-1 (AGRICULTURE PRESERVATION) WHEREAS, on January 5, 1977, the City Council initiated General Plan Amendment 77-1 to include revisions to the Composite General Plan Map and text to provide for the preservation of agriculture on certain lands designated Area 1 and Area 2 (Exhibit B); and, WHEREAS, the City's Environmental Review Board reviewed the proposed Amendment and determined that an Environmental Impact Report should be prepared; and, WHEREAS, a draft Environmental Impact Report has been prepared and accepted by the Environmental Review Board; and, WHEREAS, the Planning Commission has held a duly - advertised public hearing on March 8, 1977, received public testimony, reviewed the staff report, Environmental Impact Report, and other relevant material concerning the Amendment, and con- sidered all of the above in light of the goals and policies of the General Plan; and, at an adjourned regular meeting held on March 15, 1977, recommended the adoption of General Plan Amendment 77-1 pursuant to Resolution,PC 77-3-15-1; and, WHEREAS, the City Council has held a duly -advertised public hearing on March 16, 1977, received public testimony, reviewed the Environmental Impact Report and other relevant material concerning the Amendment, and considered all of the above as it relates to the goals and policies of the General Plan; and, WHEREAS, the public hearing was continued to April 6, 1977, to allow for the 30 -day review period for the Environmental Impact Report, whereupon further public testimony was received. WHEREAS, the City Council determines as follows: 1. The proposed land use designated will be internally consistent with and implement one of the major goals of the General Plan. 2. The proposed land use designations will not create adverse environmental impacts. 3. The proposed changes to the text of.the General Plan as contained in Exhibit A appropriately address intent, implementation measures and benefits to the community. 4. The Environmental Impact Report prepared for the project is complete and adequate. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby find that the Environmental Impact Report prepared for the project is certified as adequate and does hereby adopt General Plan Amendment 77-1 as contained in Exhibits A and B attached hereto. PASSED, APPROVED AND ADOPTED this 6th day of April , 1977, by the following vote, to wit: -1- AYES: Councilmen Friess, Nash and Mayor Heckscher NOES: Councilmen Sweeney and McDowell ABSENT: None ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 77-4-6-1 adopted by the City Council of the City of San Juan apis rano, California, at a regular meeting thereof held on the 6th day of April , 1977. (SEAL) -2- CITY CLE�CK'1 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 77-4-6-1 adopted by the City Council of the City of San Juan apis rano, California, at a regular meeting thereof held on the 6th day of April , 1977. (SEAL) -2- 144 LAND USE ELEMENT Agricultural Land Uses (Page.12) The preservation and perpetuation of agriculture.is an essential part of the General Plan. In the review process it became evident that the only way through which the community could maintain its agricultural and rural heritage would be to maintain a substantial portion of the valley in agriculture. The Open Space and Conservation Element relates that of the more than 800 acres of Class I soils in the City, over 400 acres have already been developed. In order to halt this consumption of -valuable production land, the Composite Land Use Map designates approximately 230 acres for permanent agricultural uses. This designation has been applied in order to insure the implementation of the following policies; "The underlying grcwth philosophy should be to preserve the present character of a small self-contained village - like community with abudant open space." "To provide the opportunity for the production of crops in and for the community." "To preserve the rural character of the community by main- taining active agricultural operations." "To provide a continuing opportunity for promoting the agricultural heritage through active participation and association with agriculture." "Because the sprawl of development into nearby agricultural areas has systematically diminished the available amount of agricultural land and has generated serious land use conflicts between existing agricultural and encroaching development, further encroachment into prime agricultural lands should be curtailed; however, some limited development may be allowed on the fringe area to complete logical urban 'development patterns and to assure a well-defined, stable demarcation between urban and agricultural uses." "That the conversion of prime agricultural lands to urban uses unnecessarily increases the costs of community services to community residents." Specific farmlands to be preserved are shown on the Composite Land Use Map as 4.2 "Agri -business." The City zoning ordinance (Land Use Management Code) shall provide for such properties to enjov the widest range of open field agricultural uses. Amendments to the LUMC are recommended in order to (1) make permitted uses more consis- tent with farmers needs for flexibility, (2) provide adequate control of permitted uses to assure that compatibility and open space are maintained, and (3) prevent breaking up existing farms into 5 -acre lots. Accessory support uses such as employee housing and retail outlets shall also be accommodated. The intent of the agri-business designation is to recognize agriculture as a type of business activity which will thrive best on an economic climate favorable to production and sales of agricultural products. Thus, when viewed as a business activity, it will be apparent that restrictions on farm operations would be counter-productive to preser- vation of agriculture. Further, it gives appropriate perspective to City incentive programs which may become important measures in maintaining farm uses in the community. EXHIBIT A -3- ,f. In applying the permanent agricultural use designation, and in acknowledging the fact that the economic future of agriculture is threatened by many factors (e.g., inflation in costs of labor, energy, materials, and borrowing; production cost increases result- ing from past development policies, high tax and utility assess- ments; conflicts with vandalism from nearby urban development), the City shall prepare an Agricultural Preservation Action Program which Will provide financial or other methods of assistance to preserve agriculture. The City shall respond with appropriate incentive measures in the event that it is determined that the economic viability of any farm operation within the preserve areas requires such assistance. Further, the City shall proceed immedi- ately to implement legislative and tax reduction measures. . The Open Space and Conservation Element designates other areas, .currently in agricultural uses (including grazing), which are con- sidered to be temporary in nature. Although these lands are given land use designations in the Land Use Element, they should be zoned as Growth Management or General Agriculture in order to: "Promote agriculture as a short-term use," and "As a growth management device." EXHIBIT A -4- ! f s a _ f ` [a T l r i r � ��, �' )��P soli �"� rr: -tip as �" .� .;k � o, h..+✓la i,d':lA.a!a .iA•C . fi� V COMPOSITE :OPEN SPACE & CONSERVATION PLAN � r PERMANENT OPEN SPACE PERMANENT IlbRIGULTUIk5 INTERIM OPEN SPACE INTERIM OPEN SPACE [OTHER) EXHIBIT A -5- 150 EXHIBIT A -6- 152 OPEN SPACE AND CONSERVATION ELEMENT Summary of Findings (Page 17) The two areas designated for permanent agriculture will be zoned for that use. Said designation has been applied to the subject areas in order to ensure conformance with the following policies: The designated 230 acres of prime agricultural land shall be maintained in agricultural use. These lands should be protected both to meet current agricultural production and as a land reserve to meet future food production needs. Agricultural lands have a definite public space and that preservation of such lands important physical, social, aesthetic and to the community. value as open constitutes an economic asset The City will take measures necessary to promote the long-range eco- nomic viability of farming on these properties. Immediate efforts will be made to reduce taxes and to adopt ordinances and general plan amendments conducive to farming. A comprehensive incentives plan will be developed, assuring City assistance to cope with other obstacles to continued agricultural operations. The various areas...... Implementation Measures (Pg. 35) (Open Space - Action Program) Add following Resource Management Program Section Agriculture Preservation Program The City of San Juan Capistrano recognizes the many inherent benefits of maintaing agriculture land use in the community. Added tax burden, congestion and loss of open space are avoided. The rural character of the community is preserved. Important natural resources are conserved, including lower consumption of water. Further degra- dation of the natural environment is averted and a local food source maintained. In addition to measures preventing development of land in the two preserve areas (i.e., zoning and general plan designations) the City will take positive steps to enhance the economic viability of farming. An Incentive Program will be developed and administered in order to keep these lands in agriculture and to avoid or prolong the necessity for public acquisition. Specific incentives to be considered are: (1) Promote understanding and assistance through a public relations program with City residents and other govern- ment agencies. (2) Provide assistance to prevent vandalism and theft. (3) Minimize potential land use conflicts through planning ,and development policies near agriculture lands and capital projects (road alignments, etc.). (4) Insure adequate access for farm and farm -related activities. (5) Capital projects to correct drainage problems. (6) Assistance with labor supply and employee housing. (7) Offer Williamson Act and other agreements resulting in reduced taxes. (8) Explore the feasibility of tax refunds and lower rates. (9) Promote locally -grown farm products. EXHIBIT A -7- 154 (10) Assist establishment of joint operations or cooperatives. (11) Financial assistance with crop conversion costs. (12) Assurance of water supply. (13) Provide competent estate planning assistance. (14) Establish by mutual agreement with landowners an equi- table compensation program upon future sale of faritland. (15) Establish a value mechanism (e.g. development right transfer) so that appropriate compensation for the effect of General Plan Amendment 77-1 upon the values of such property will be provided for. 'All of the above incentive measures are fully discussed in the background materials with GPA 77-1. EXHIBIT A -8- 0 156 int. j ;--%. ( __ •. 1.2 J r 5,©1.5 , �s ,13 1.6 5.0 14% 1.6 / 1'.1 �� .4 c 1.5 �L /5�4.2 j r r� e y 2.3P 1 42 `-.--60 5.® C7 am I NO DEL AVION ;%" G 1.4 1.4 2.2 EXHIBIT B -9- `! ji�� 121: :•;i::.1 / 2. 1i 4.2 .® 158- 4.2 58 Ai �2 U. ` t 1. L7 .e Pg -2 EXHIBIT B -10- El 4.2 / 2. 1i 4.2 .® 158- 4.2 58 Ai �2 U. ` t 1. L7 .e Pg -2 EXHIBIT B -10- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) ,MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan'Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 76-12-15-10 and on the 11th day of April , 1977 she caused to be posted: RESOLUTION NO. 77-4-6-1 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 77-1 (AGRICULTURE PRESERVATION) in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. MARY ANN,,"OVER, City Clerk San Jua Capistrano, California -11-