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Resolution 2004- 45 RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING M 02-12, AN APPLICATION FOR APPROVAL OF THE CITY OF GILROY AGRICULTURAL MITIGATION POLICY TO IMPLEMENT GENERAL PLAN EIR PARTIAL MITIGATION MEASURE 4.4-A FOR SIGNIFICANT ENVIRONMENTAL IMPACTS ON AGRICULTURAL USES. WHEREAS, the City of Gilroy, the applicant, submitted M 02-12, an application for approval of the City of Gilroy Agricultural Mitigation Policy to implement General Plan EIR mitigation measure 4.4-A to partially mitigate significant environmental impacts on agricultural uses, attached hereto as Exhibit "A"; and WHEREAS, the City Council appointed an Agricultural Mitigation Task Force composed of persons representing a wide range of interests, to draft an implementation program; and WHEREAS, the Agricultural Mitigation Task Force, after months of study and deliberation, and review of successful programs to preserve agricultural uses in other jurisdictions, proposed a comprehensive Policy to implement the partial mitigation measure; and WHEREAS, the City Council requested the environmental consultant, Denise Duffy & Associates, for the City's General Plan, to determine whether the Policy is consistent with the Environmental Impact Report ("EIR") prepared for the existing City of Gilroy General Plan or would reqUIre an additional environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the environmental consultant reported by letter analysis dated May 3,2004, that pursuant to CEQA Guidelines sections 15162 and 15163, the Policy would not trigger the need for a subsequent EIR or supplemental EIR; and WHEREAS, the City Council held a workshop and several public meetings at which the City \GBO\623740.1 01-051104-04706089 -1- Resolution No. 2004-45 Council reviewed the proposed Agricultural Mitigation Policy, the most recent meeting being a duly noticed public hearing on May 3, 2004, at which time the City Council considered the public testimony, the Staff Reports dated April 26, 2004, April 28, 2004, and all other documentation related to application M 02-12; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: The Agricultural Mitigation Policy, M 02-12, attached hereto as Exhibit "B", should be and hereby is approved. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, VELASCO and PINHEIRO NOES: ABSENT: COUCILMEMBERS: GARTMAN COUNCILMEMBERS: NONE ~ ~~ lbert Pinheiro, Mayor AT~~T.:. Qi'. ,,--(,J f ' I~^-. ' ,~~' Rhonda Pellin, City Clerk \GBO\623740.1 01-051104-04706089 -2- Resolution No. 2004-45 , . EXHIBIT A AGRICULTURAL MITIGATION MEASURE (as approved by the City Council on June 13,2002) AGRICULTURE 4.4-A Prior to any land use approval that would result in the conversion of land that is designated as prime farmland or farmland of statewide importance to an urban use (i.e., zoning changes, annexation to the City, urban service amendments, etc.) the City shall: 1. Implement a conservation and open space easement program. Guidance for this program may be found, in part, in "A Proposal to Establish and Agricultural Conservation Easement Program in Santa Clara County"(Appendix F-3 of the Draft Environmental Impact for the City of Gilroy Revised General Plan dated September 2001) As this implementation is of significance countywide, this program should be established as a joint effort of the City, the County, the Farm Bureau, the Open Space authority and other agenCIes. This program shall offer the following options as an acceptable mitigation for said land use approval: a. Purchase of an equal amount of prime agricultural land within the area of the Open Space Authority and the transfer of the ownership of this land to the Open Space authority or other City-approved agency. b. Purchase of development rights on agricultural land within the area of the Open Space Authority and the transfer of the ownership of this land to the Open Space authority or other City-approved agency. The purchase value shall be equivalent in value to that required under (a) above. c. Payment, in lieu of purchase, of fee to the Open Space Authority or other City-approved agency, equal to the amount required to comply with either of the above elements. The amount of this fee shall be equivalent in value to that required under (a) above. 2. Require all future projects that involve the conversion of agricultural land to urban uses to use generally accepted methodologies to identify the potentially significant impacts of changes in agricultural land use (Appendix F of the Draft Environmental Impact for the City of Gilroy Revised General Plan dated September 2001). One example is the California Agricultural Land Evaluation and Site Assessment (LESA Model) developed by the California Department of Conservation to help establish standards of significance for CEQA evaluations of agricultural land conversions. Additional programs to protect prime farmland and farmland of statewide importance comparable to those used by other counties or cities described in the Draft EIR may be considered by the City from time to time for adoption as meeting the requirements of this mitigation. In addition, the City shall consider joining the Open Space Authority to help conserve remaining viable agricultural land within the City's sphere of influence. \JH\554093.3 _1- EXHIBIT B AGRICULTURAL MITIGATION POLICY City of Gilroy Adopted May 3, 2004 Section 1.00 Statement of Intent It is the intent of this policy to set forth the specific criteria and guidelines, consistent with the City's General Plan policies on agriculture, to enable the continued viability of agriculture and agri-tourism in the Gilroy area through: ( a) Recognition of agriculture's significant contribution to the local economy; (b) Protection of agricultural lands from urban encroachment; ( c) Preservation of agricultural lands as a natural buffer between Gilroy and surrounding communities; and (d) Appreciation for the role of agricultural lands in enhancing Gilroy's semi-rural, character. Section 1.01 Definitions Agricultural Land or Farmland: Those lands within the City of Gilroy's General Plan 20-year boundary that are deemed to meet the Thresholds of Significance for CEQA purposes, or those that are designated "Prime" or lands of "Statewide Importance" by the State Department of Conservation as shown on their latest "Important Farmland Map." This also includes land that has been used for agriculture but has not been irrigated for six years or more as defined by the California State Farmland Mapping Program. Agricultural Mitigation Land: Agricultural land encumbered by a farmland deed restriction, a farmland conservation easement or such other farmland conservation mechanism acceptable to the City. Agricultural Operations: Any agricultural activity, operation, or facility including but not limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any commercial agricultural commodity, including viticulture, apiculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, agricultural spoils areas, and any practices performed by a farmer or on a farm as incidental to or in conjunction with such operations, including the legal application of pesticides and fertilizers, use of farm equipment, storage or preparation for market, delivery to storage or to market, or to carriers for transportation to market. Farmland Conservation Easement: An easement over agricultural land for the purpose of restricting its use to agriculture. The interest granted pursuant to a farmland conservation easement is an interest in land, which is less than fee simple. However, the farmland conservation easement is permanent. Agricultural Mitigation Policy Page 2 Adopted 5/3/04 Farmland Deed Restriction: The creation of a deed restriction, covenant or condition, which precludes the use of the agricultural land subject to the restriction for any non-agricultural purpose, use, operation or activity. The deed restriction shall provide that the land subject to the restriction will permanently remain agricultural land. Natural Trail: An unimproved trail. Preferred Preservation Area: The agricultural lands located in the Santa Clara County agricultural preserve, specifically the agricultural lands located outside of Gilroy's General Plan boundary and within Gilroy's Sphere of Influence (See Attachment 1 "Preferred Preservation Areas"). Wildlife Habitat: A wildlife sanctuary that provides water, food shelter and places to raise young for native wildlife. Wildlife Sanctuary: An area where native wildlife are safe from people or non-native animals such as dogs and cats. Section 1.02 Agricultural Mitigation Requirements (A) Those lands that require agricultural mitigation are identified in Figure 4.4-2 and Table 4.4- 5 of the City of Gilroy's General Plan 2020 EIR (attached.) Mitigation requirements are not limited to these lands but would include the loss of agricultural lands due to the conversion to urban uses (including actions such as USA amendments, extension of services, or annexation) when the following criteria are met: (I) The City of Gilroy shall require agricultural mitigation for the loss of agricultural lands due to conversion to urban uses for land as defined as "prime farmland or farmland of "Statewide Importance" in Section 1.01 Definitions. Mitigation shall only be required for that portion of the land that no longer will be designated agricultural land. One time as many acres of agricultural land shall be protected as was changed to a non- agricultural zoning classification (1 : 1 ratio of land); and (2) The project site is deemed a significant impact based upon the completion of a Land Evaluation and Site Assessment Model (General Plan EIR Appendix F-2) as administered through the standard CEQA process during project review. (3) With the following exceptions: a. A maximum of 100 feet of the land that will remain in a permanent agricultural buffer; or . , Agricultural Mitigation Policy Page 3 Adopted 5/3/04 b. An area intended for city public facilities, as set forth in the City's General Plan or Parks Master Plan, that is adjacent to City roads and with nearby city infrastructure that can serve the project. Such public facilities would include public parks and/or public recreational facilities; permanent natural open space that is not disturbed by the development; trails and developed open space that is open to the public; and public school sites. c. Lands dedicated for lanes, median islands, bike lanes, and pedestrian facilities which quality for Traffic Impact Fund reimbursement or funding and are not required solely due to the proposed development project, shall not be included in the acre count for agricultural mitigation. Typically these lands include the median and all sections of the roadway except the first travel lane along the frontage and the parking/shoulder lanes for arterials. For expressways all lanes including parking, bike, and shoulder plus pedestrian facilities are included. The lands for these lanes, median islands, bike lanes, and pedestrian facilities are for the common good of the community and are not considered specific to the development. (4) Specific plan areas may provide agricultural mitigation on-site as established in the specific plan if approved by the City Council. All proposed mitigation in the specific plan must be consistent with the intent of the General Plan EIR Mitigation Measure 4.4-A and this policy as feasible mitigation for the loss of agricultural lands. Additional mitigation acreage may be required outside the specific plan area to meet the 1: 1 ratio mitigation requirement. (B) Mitigation may be accomplished with one of the following three options and the options shall include all costs to cover program administration and monitoring of established easements: (1) Mitigation 1: Purchase an equal amount ofland (1: 1 ratio) of agricultural land within the "Preferred Areas" (see Section 1.01 Definition) and the transfer of the ownership of this land to the Open Space Authority or other City-approved agency. (2) Mitigation 2: Purchase of development rights to a 1: 1 ratio on agricultural land within the "Preferred Areas" and the transfer of ownership of these rights to the Open Space Authority or other City-approved agency. The purchase value of this agricultural conservation easement will be based upon the appraisal of purchasing development rights and not fee-title rights. (3) Mitigation 3: Payment of an in-lieu fee will be based upon the lowest appraisal of purchasing development rights in the "Preferred Areas." a. The in-lieu fees will include all normal and customary administrative and transactional fees charged on a cost recovery basis. b. The in-lieu fees will be maintained by the City in an escrow account and adjusted no more than every two years based on appraisals from the "Preferred Areas" (Attachment 1). Agricultural Mitigation Policy Page 4 Adopted 5/3/04 (C) At the time of any initial land use application approval, the applicant shall enter into a deferred payment or dedication agreement establishing the specific criteria and timing for implementing any required mitigation. This deferred agreement shall be recorded with the County Recorder's Office against the proposed project property. All required mitigation must be completed prior to final map approval, or if no map is required, no later than issuance of the first building permit. (D) Lands deemed acceptable for preservation are: (1) Those lands designated as "Prime" or of "Statewide Importance" by the State Department of Conservation_in the Preferred Areas as defined in Section 1.01 Definitions; and (2) Has an adequate water supply to support the historic agricultural use on the land. The water supply for the land shall be protected in the farmland conservation easement, the farmland deed restriction or other document evidencing the agricultural mitigation. (E) Programs with those City-approved agencies handling conservation easements in the "Preferred Areas for Preservation (Sec. 1.01 Definitions), shall include the financial responsibility by the developers for program administration, outreach to landowners and monitoring of established easements. An additional nominal fee to cover these items, the amount of which shall be established by City policy, shall be built into the in-lieu fee outlined in Section 1.02 (B). Section 1.03 Right to Farm Deed Restrictions (A) All lands located within one thousand (1,000) feet of any agricultural lands deemed for preservation, as shown on the Farmland Preservation Area map (Attachment 1), shall be subject to the placement of a "right to farm" deed restriction that conforms with both Santa Clara County restrictions as well as the State of California real estate transfer disclosure requirements as a condition of approval for any discretionary permit. (B) The deed restriction shall include the following wording: "You are hereby notified that the property you are purchasing is located within 1,000 feet of agricultural land, agricultural operations or agricultural processing facilities. You may be subject to inconvenience or discomfort from lawful agricultural operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. One or more of the inconveniences described may occur as a result of agricultural operations, which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact the Santa Clara County Agricultural Commission." Agricultural Mitigation Policy Page 5 Adopted 5/3/04 (C) The Right to Farm Deed Restriction shall be included in all subsequent deeds and leases for this property and shall conform with both Santa Clara County restrictions as well as the State of California real estate transfer disclosure as defined by this policy. Section 1.04 Agricultural Buffer (A) To minimize future potential conflicts between agricultural and non-agricultural land uses, all new developments adjacent to designated agricultural, agricultural preserve, agricultural open space, greenbelt/agricultural buffer areas shall be required to provide an agricultural buffer/agricultural transition area. (B) The agricultural buffer/agricultural transition area shall be a minimum of one hundred fifty (150) feet measured from the edge of the agricultural, agricultural preserve, greenbelt area. No public access shall be allowed in this transition area due to the potential for complaints about and exposure to the dust and spraying associated with agricultural activities. (C) This agricultural buffer/agricultural transition area shall be comprised of two components: (1) A one hundred (100) foot minimum wide agricultural buffer zone located adjacent to the agricultural lands or greenbelt area. The following uses in the one hundred (100) foot or greater agricultural buffer area shall be limited to: 1. Native plants, trees or hedge rows 11. Drainage channels, storm retention ponds, natural areas such as creeks or drainage swales iii. Railroad tracks or other utility corridors (2) A fifty (50) foot agricultural transition area located between the one hundred (100) foot minimum agricultural buffer area and any new development. The following uses are allowed in the fifty (50) foot agricultural transition area: 1. Native plants, trees or hedge rows 11. Drainage channels, storm retention ponds natural areas such as creeks or drainage swales iii. Bike paths, benches, lighting, trash enclosures and fencing iv. Other non-residential uses determined by the Planning Commission to be consistent with the use of the property as an agricultural buffer; such as natural trails, bike paths, wildlife habitats, wildlife sanctuaries, or community service facilities like detention basins. (D) The agricultural buffer/transition area shall be constructed by the developer of any land adjacent to agricultural uses, subject to approved plans by the Community Development Department. This area shall be maintained by the developer according to standards approved by the City until the area is dedicated to and accepted by the City or other City approved agency at which time they shall be responsible for maintenance. ! = ~ z Q - ~t- .!:~ .- = ~I.W ..'" CI.W ~= .- Q. ~= I.W = = I.W ~ I.W = Q. ...... ~ ~ ~ ~ ~ I ~ !!! <ci ! = = 't ; '! i ~!::s ::I =ff ~ f I! 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Changes to L,nd U.J;).~lgji.ftlPriJ. ~C.n.tpl P..n B'O.~~daryt Invf)lVlne:Atl.a1cu~ral'4ij~. . . ..... Area Notes Ac.... ID (Approx.) A Prime fannland proposed for ~ from the planning area (274 acrea total d -234 which 40 acres 18 rural residential). WIth the proposed General Plan, the site wiD ~ designated 88 County agricultural and rural residential. B Prime farmland to be designated 88 CampuslGenerallndustrlal to better align the 93 planning boundary along the east side of planning area. ("'Other laner of 15 acre In northernmost area not Induded In table or on Figure 4.4-2) C Prime farmland to be ~ to the plannll1g ... and redeslgn~ asCampu8 684 Indus* (430 acres) and Qpeo Space (234 ~). The O.f*'l Space area Ia not expected to I;)f aCtIvely farmed c1~ to the ~.ttlat It would .~ bound on the west by draln8gelrecreatlcx.lal 4~ uP9.A development of the 430 Beres of Camp.... Industrial, on the eaSt by ~ Ci'etIk. and the land betW.... the two 18 expected to be too narrow to be effectIVely farined. see more d'-Us In the foIlowtng section. .' 0 Prime farmland to be added to the plamlng area as Public;: Facility; This IancI to be 49 lJl~ed by the Sou1h County Regional Wastewater AuthorIty (SCRWA). F Prime end Statewide-ImpOrtant f8rmIiInd to be ~ to the planning area as Public 380 Facility for ttle South County Regional Wastewater Authority. E. G, Prime and Statewide-Important fannland within the existing and proposed Generat 381 H,I, Plan areas to be redesignated from Open Space to urban uses. See below for J, K. more information. .. .' L .. M Ranct1lanc;ts to be added.tci thepl8nhlng area andd.,lgnat8d 88 Open Space. The 1,470 new designation does not permit any urban deVelopment but does permit grazing: therefore It 18 not conslderecfan urbiln us. nor aconvenslori of agrlculturallancl. . . .' Far,n1an4 ProP-ect to Be Added to Planning Area 952 .' ":.".. '. . ,', :.;. " .. " '" . . .. . Faonlanc;l PropoMCt to ... Mded/Converted 1,333 from City or County open space or agrlcultUr8I deslgliatlon to an.. urban land use designation 1The General Plan Boundary used for this analysis Is the -Boundary of the Planning Areti' shown In the General Plan map dated 1n/98 WIth chanaes 8DDroved i'l the amendment. for the GUrov SPOrts Park. . . Land to bA RAmmtM ~m -Plannlr,g ArAA- (AM. A) Under the proposed Draft General Plan. 274 acres of prime agricultural land located within the current Gilroy planning area will be removed from the planning area, In order to preserve this farmland .for agricultural production. Of the 274 acres, 40 acres Is considered rural residential, therefore, Is not necessary viable farmland. The 274 aaes are located east of Highway 101, north ~/. City of GIlroy Dretf Gen8181 Plan Dl8tr ElR 4.4-18 Agrlcultuf8 September 2001 Attachment 4 4/8/04 AGRICULTURAL MITIGATION POLICY APPLICABILITY Is the site located within an area identified in the GP EIR as being converted to urban designation (see attachments 2 & 3 of A Policy? Is the site designated as farmland that is either of prime or statewide importance according to according to the State Department of Conservation Im ortant Farmland Ma in? Yes, subject to mitigation through the Ag Policy. Yes, continue to CEQA Review No, continue to next question No, not subject to policy Does it score as significant based on the California Department of Conservation Agricultural Land Evaluation and Site Assessment ESA model? Are there any Williamson Act Contracts in place on the property? Yes, mitigation through the Ag Policy is required Yes, significant unavoidable impact No, continue to next question No mitigation required, less than significant impact * CEQA requires all feasible mitigation for significant unavoidable impacts. Upon certification of the General Plan EIR, the City Council declared that an Agricultural Mitigation Program is deemed feasible mitigation. Therefore significant impacts as determined under CEQA would be subject to the City's Agricultural Mitigation Policy. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-45 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of May, 2004, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of May, 2004. ~. r2 ' A-~. City Clerk of the City of Gilroy (Seal)