Agenda Item Wording:
title
Second reading and adoption of Ordinance No. 2023-02, a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. The project applies citywide to properties within the Urban Growth Boundary Tiers II and III established by the Visalia General Plan. A Notice of Exemption was prepared for the new ordinance in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2023-23 disclosed that the Agricultural Land Preservation ordinance will have no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34, uniformly on development projects that convert prime farmland and farmland of statewide importance in Urban Growth Boundary Tier II and Tier III.
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Deadline for Action: 5/15/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the Visalia City Council conduct the second reading and adopt Ordinance No. 2023-02, a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an Agricultural Preservation Ordinance to implement Visalia General Plan Land Use Policy LU-P-34.
Summary:
On May 1, 2023, the City Council held a public hearing to introduce Ordinance No.2023-02, a request to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an Agricultural Preservation Ordinance (APO) to implement Visalia General Plan Land Use Policy LU-P-34. During the public hearing, the City Council received a staff report, staff presentation on changes made to the APO based on direction and public comment. After the item was presented and public comments received, the City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02, subject to two revisions to the ordinance.
Background Discussion:
On February 24, 2023, the draft APO was publicly advertised and posted for a 32-day public review. During the public review of the draft APO, the consultant and staff provided the City Council with a detailed overview of the draft APO at the March 6, 2023 Work Session that highlighted key aspects of the APO including: processes for securement of easements; in-lieu fee assessments, process, and remittance; and, monitoring and compliance. During the 32-day public review period, staff received several correspondence e-mails and letters from individuals related to the daft APO. Based on the comments provided by the City Council and the public, the final APO was included as Attachment “A” of Ordinance No. 2023-02 for the City Council’s consideration and adoption.
City Council Public Hearing:
On May 1, 2023, the City Council held a public hearing to introduce Ordinance No.2023-02, a request to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an Agricultural Preservation Ordinance (APO) to implement Visalia General Plan Land Use Policy LU-P-34.
During the public hearing, the City Council received a staff report and staff presentation on key revisions made to the APO based on direction and public comments received during the 32-day public review of the draft APO. Some of the key revisions presented included updating the affordable housing language to include “comply with State Density Bonus Law”, inclusion of language for “agricultural land mitigation bank” to offset their conversion of agricultural lands, removal of language that required additional steps to demonstrate that there is no land available within the 10-mile radius and allowing in-lieu fees to be used within the five-county region. In addition, several members provided additional comments in support of the APO, but also requested that some revisions to portions of the APO be revised.
Upon closing the public hearing, the City Council discussed the APO and identified two items for revision. The first item was modifying the definition of “Roadways” to include local roads dedicated for public use. The second item was revising the 5 acre project size exemption to 20 acres as stated in Section 18.04.060.B.2. The City Council introduced and adopted Ordinance No. 2023-02, subject to the two revisions as noted by a 4-0 vote. The revised APO is included as Attachment “A” to Ordinance No. 2023-02.
Fiscal Impact:
On September 19, 2022, the City Council authorized the City Manager to award a contract to Provost & Pritchard Consulting Group of Visalia, CA for the preparation of Agricultural Preservation Ordinance in amount of not to exceed $150,000. Staff is also seeking if the allocated SB 2 Planning Grant monies can be used for the preparation of this ordinance.
Prior Council Action:
• On May 1, 2023, the City Council held a public hearing to introduce Ordinance No.2023-02. The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02.
• On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
• On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34.
• On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021-44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021-01 and the related certification of an addendum to a previously certified environmental impact report (EIR).
Other:
None.
Alternatives:
City Council can choose to not conduct the second reading of the ordinances update.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2023-02, approving a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34.
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Environmental Assessment Status:
A Notice of Exemption was prepared for the APO in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183(g)(7) (Public Resources Code §21083.3). Notice of Exemption No. 2023-23 disclosed that the APO requires no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34 and that the APO will be uniformly on development projects that convert prime farmland or farmland of statewide importance in Urban Growth Boundary Tier II and Tier III.
CEQA Review:
Notice of Exemption No. 2023-23 was prepared for Ordinance No. 2023-02 in in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183(g)(7) (Public Resources Code §21083.3).
Attachments:
1. Ordinance No. 2023-02 - Agricultural Preservation Ordinance - Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”.
2. City Council Introduction and First Reading Staff Report from May 1, 2023.