MEMORANDUM
TO:
CITY COUNCIL
FROM:
TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.A. - CONSIDERATION OF PROPERTY AT FLORA
LANE TO BE CONSIDERED FOR AGRICULTURAL MITIGATION LAND
·~
{STAFF PROJECT CASE N0.15-010)
DATE:
JULY 28, 2015
This information is provided to evaluate if public facilities can be used in computation of
agricultural mitigation land. General Plan measure Ag1-1.2 concerning public facility
use on agricultural land.
Agl-1.2: Public facilities are permitted on agricultural and natural resource land when
required by health, safety, or welfare of the public.
Public facility use (including roadway) is allowed when required for public health, safety
and welfare on agricultural land without causing a conversion. As such, there may be
consideration that roadway area be subtracted from the required mitigation area. The
proposed East Cherry Avenue Specific Plan development includes various roadway
area proposed for land devoted to housing development (subarea 2) as well as an offer
of dedication to contribute land for subarea 3 that is the Japanese Welfare Association's
(JWA) cultural site (subarea 3) that's graphically depicted on Attachment 1 and listed
below:
Existing Property Boundary (Subarea 2):
E. Cherry Ave. Offer of Dedication to widen to City Standard (Sub 2):
New Collector Road Offer of Dedication (Sub 2):
JWA Offer of Dedication (Sub 3):
Total area proposed to require agricultural mitigation=
11.59 ac
(0.74 ac)
(0.68 ac)
(0.38 ac)
9.79
The applicant is requesting consideration that these roadway areas offset required
mitigation area so that the net E. Cherry Avenue tract Area totaling 9. 79 acres is roughly
offset by the 9.9 acres that comprise the Flora Lane property.
It should be noted that should development and consequential conversion of land not
occur as proposed for the E. Cherry Avenue Specific Plan, a new collector road across
the land, and potentially, the widening of E. Cherry may still be desirable for public
health, safety and welfare. However, other internal roadway areas (not listed) specific
CITY COUNCIL
SUPPLEMENTAL INFORMATION AGENDA ITEM 11.A.
CONSIDERATION OF PROPERTY AT FLORA LANE TO BE CONSIDERED FOR
AGRICULTURAL MITIGATION LAND (STAFF PROJECT CASE NO. 15-010)
JULY 28, 2015
PAGE2
to the proposed development would not qualify for determining the quantity of required
agricultural mitigation land.
As regards the JWA offer of dedication of .38 acres, the potential offset of required
mitigation land depends upon consideration of the conversion of the JWA subarea 3
totaling 1.51 acres. JWA's proposal does include an agricultural component in the form
of a small orchard as well as a cultural component in the form of an archive building for
historical information from the site. Since the property will be rezoned, mitigation
requirements must be considered for the whole property according to municipal code
requirements. However, is under the Council's purview to 'determine if the fact that an
orchard and cultural buildings are proposed warrant consideration to count in part as
agricultural mitigation. This item was discussed in November, 2015 in a pre-application
discussion but no formal determination made (Attachment 2).
Lastly, in lieu fees are an option to satisfy mitigation requirements. According to the
municipal code, the fee shall be based upon current appraisal information for the
acquisition of a conservation easement on replacement land plus all related city
administrative and legal costs. The in-lieu fee, paid to the city, shall be used for
farmland mitigation purposes, with priority given to lands with prime agricultural soils
located within the city.
In conclusion, agricultural mitigation requirements must be considered for all land being
rezoned from agriculture to another land use. However, according to the municipal
code there is significant leeway in determining factors that make up appropriate
mitigation: 1) 1:1 ratio to conserve agricultural land acreage; 2) in-lieu fee; and 3) other
mitigation measures determined acceptable by the city council.
\
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EAST CHERRY
OFFER OF
DEDICATION
0.74 AC
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JWA
OFFER OF
DEDICATION
0.38 AC
NET TRACT AREA
9.79 AC
EXISTING TRACT
BOUNDARY:
11.59 AC
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\
COLLECTOR ROAD
OFFER OF DEDICATION
(OFF SITE)
DORFMAN PARCEL
0.10 AC
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n
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COLLECTOR ROAD
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OFFER OF
DEDICATION
0.68 AC
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ATTACHMENT 2
Minutes: City Council Regular Meeting
Tuesday, November 25, 2014
AYES:
NOES:
ABSENT:
Barneich, Costello, Brown, Guthrie, Ferrara
None
None
9. PUBLIC HEARINGS
9.a.
r~6
Consideration of a Public Art Chumash Arborglyph Sculpt
S. Mason
Street; Applicant- Yak Titu Titu Yak Tilhini Northern Ch
ash Tribe; Staff Project
No. 14-006.
Community Development Director McClish requested continuance of this pre-application item
to provide notice to the Native Heritage Commi ·on to provide an opportunity for additional
input from the Native American community.
Mayor Ferrara invited public commen
o public comments were received.
Action: Mayor Ferrara mov to continue the item to a date uncertain in order to provide an
opportunity for additional i ut from the Native American community. Council Member Barneich
seconded, and the mo · passed on the following roll call vote:
ara, Barneich, Costello, Brown, Guthrie
NTINUED BUSINESS
11. NEW BUSINESS
11.a. Consideration of Pre-Application No. 14-005; Specific Plan Designation, General
Plan Amendment, Development Code Amendment and Lot Line Adjustment;
Location East Cherry Avenue; Applicant: Japanese Welfare Association.
Associate Planner Heffernen presented the staff report and recommended the City Council
review the conceptual plans and provide comments to the applicant. Staff responded to
questions from Council.
·
Mayor Ferrara invited public comment. Speaking from the public were Margaret Ikeda, in
support of the pre-application; Vard Ikeda, in support of the pre-application; Gary Kobara, in
support of the conceptual plan, but expressed concern about the agricultural mitigation
requirements; Shirley Gibson, in support of the conceptual multi-use plan, the Pacific Coast
Railway path, but expressed concern about the agricultural land and the impact of future
housing development; Dawn Kamiya, in support of the conceptual plan; Chris Hagerty, Scout
Master of Boy Scout Troop 413, in support of the conceptual plan. No further public comments
were received.
Council comments ensued regarding the history of the zone change and General Plan
Amendment on the property; that the agricultural elements in the conceptual plan provides
sufficient agricultural mitigation; whether senior housing would be incorporated into the guest
Minutes: City Council Regular Meeting
Tuesday, .November 25, 2014
Page 6
house; that parking has to be worked out based on configuration of the project; concerns
regarding the proposed archive building; that the trees, including the palm tree, on the property
need to be preserved; clarification that prior rezoning of the property to Agriculture was not
based on farming activities, but based on the alluvial soil and natural resource to be preserved;
some concern that if the property is rezoned to Mixed Use, that the property could be radically
changed in the future; that 1: 1 agricultural mitigation is necessary; acknowledgment that the
proposed cultural building is a shrine to agricultural heritage; and that the proposed buildings
are appropriate and a good fit for the property.
No formal action was taken on this item.
Mayor Ferrara called for a break at 8:29 p.m. The Council reconvened.at
a·
5 p.m.
11.b. Consideration of Ordinance Amending Chapter 3.46 f the Arroyo Grande
entals and Homestays.
Municipal Code Relating to Exemptions and Vacatio
City Attorney Carmel presented the staff report and recomm ded that the Council introduce an
Ordinance amending Chapter 3.46 of the Arroyo Grand
unicipal Code to provide that the
same exemptions that apply to the Transient Occupan Tax apply to Arroyo Grande Tourism
Business Improvement District assessments and a nd the definition of "lodging" to include
vacation rentals and homestays.
Mayor Ferrara invited public comment.
Action: Council Member Brown moved
introduce an Ordinance entitled: "AN ORDINANCE
OF ARROYO GRANDE AMENDING CHAPTER 3.46
OF THE CITY COUNCIL OF THE Cl
OF THE ARROYO GRANDE MUNL /PAL CODE RELATING TO THE TOURISM BUSINESS
IMPROVEMENT DISTRICT LA
Council Member Costello seconded, and the motion
passed on the following roll call ate:
AYES:
NOES:
ABSENT:
Brown, Cost
None
None
12. CITY COUNCIL
The Mayor and ouncil Members provided brief reports from the following committee,
commission, bo d, or other subcommittee meetings that they have attended as the City's
appointed repr sentative.
(a)
Ma~
(1
r Ferrara:
San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA)
South San Luis Obispo County Sanitation District (SSLOCSD)
Other