Agenda Item Wording:
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Rescind Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34. (Resolution No. 2022-50 required)
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Deadline for Action: 8/15/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Community Development Director, (559)713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2022-50 which rescinds the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program (AMP).
The recommendation to rescind the adoption of Resolution No. 2021-44 is based on the recent 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).
Background Discussion:
General Plan Amendment (GPA) No. 2021-01 was initiated by the City of Visalia in response to direction provided by the Visalia City Council on February 16, 2021, supported by a Feasibility Study that researches the feasibility of an Agricultural Mitigation Program (AMP) within the Visalia planning area prior to the establishment of a City-wide program. Following a work session item held to introduce and receive direction on the Study, the Council provided direction to staff to move forward with Alternative #4 outlined in the Study, which is to amend General Plan Land Use Policy LU-P-34, eliminating the requirement of an AMP for development to occur within the Tier II and III Urban Growth Boundaries. The revision to Land Use Policy LU-P-34, included the removal of the requirement for new urban development to enter into an AMP, supported through information compiled in the Feasibility Study and an Addendum to the City of Visalia 2030 General Plan Environmental Impact Report (EIR).
On August 2, 2022, the City Council through adoption of Resolution No. 2021-44, approved General Plan Amendment (GPA) No. 2021-01 removing the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program.
As a result of this GPA approval, the Sierra Club and Central Valley Partnership filed a suit against the City of Visalia. On July 21, 2022, the Superior Court of the State of California, County of Tulare ruled that the City failed to comply with the disclosure requirements under CEQA in its use of an addendum for the removal of the AMP and directed the City to rescind the resolution and certification of the addendum for GPA No. 2021-01.
Fiscal Impact:
N/A.
Prior Council Action:
• On August 2, 2022, the City Council through adoption of Resolution No. 2021-44, approved General Plan Amendment (GPA) No. 2021-01. The GPA removed the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program (AMP). It also removes reference to the County of Tulare 2030 General Plan Update and its contemplation of an Agricultural Conservation Easement Program since it was not ultimately adopted as a regional program.
• On February 16, 2021, at a Work Session, the Council directed staff to proceed with the alternative outlined in the Feasibility Study to remove the requirement for an AMP in Policy LUP-34 (i.e., Alternative No. 4). The Council’s direction was based on information in the Feasibility Study as well as written and verbal public testimony that included arguments for and against the establishment of an AMP.
Other:
The Planning Commission held a public hearing for the General Plan Amendment on July 12, 2021 and recommended its approval to the City Council by a vote of 4-0 with Commissioner Beatie abstaining.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution No. 2022-50 which rescinds Resolution No. 2021-44.
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Environmental Assessment Status: N/A.
CEQA Review: N/A.
Attachments:
1. Resolution No. 2022-50
2. Resolution No. 2021-44