Planning Issues in AgriculturePlanning Issues in Agriculture

Laws and RegulationsLaws and Regulations

Lecture 6Lecture 6

Laws dealing with growth?Laws dealing with growth?

There is no law to deal with growth There is no law to deal with growth management (in 12 states, but not management (in 12 states, but not ours)ours)

1974 – law presented, but not passed 1974 – law presented, but not passed by legislature – up to local by legislature – up to local government to manage growth, how government to manage growth, how much, what type, where, timelinemuch, what type, where, timeline

Growth Regulations (Law)Growth Regulations (Law)

Now: General Plan Now: General Plan Every city and county is Every city and county is

required to adopt a General required to adopt a General PlanPlan

Functional Equivalent of a Functional Equivalent of a

Constitution. Constitution.

General PlanGeneral PlanGrowth management must be part of the PlanGrowth management must be part of the Plan

Mandatory elements (7)Mandatory elements (7)

1. Land use element1. Land use element2. Open space element2. Open space element3. Conservation of resources3. Conservation of resources4. Circulation element4. Circulation element5. Noise element5. Noise element6. Housing element6. Housing element7. Safety element7. Safety element

County/Cities PlanningCounty/Cities Planning Free to adopt optional elements in the Free to adopt optional elements in the

General Plan.General Plan. Once adopted, they become as important Once adopted, they become as important

as Mandatory elements.as Mandatory elements. Example: Optional element that has been Example: Optional element that has been

adopted is “agricultural element”adopted is “agricultural element”

Focuses on effort to protect ag landFocuses on effort to protect ag land

If there is a problem with general plan, If there is a problem with general plan, there will be problems with zoning.there will be problems with zoning.

Counties and Cities with Agricultural ElementsCounties and Cities with Agricultural Elements

Alpine County 1999 Butte County 1995 Chico 1994 Chula Vista 1989 Corning 1994 El Dorado County 1996 Escondido 1990 Eureka 1997 Fremont 1991 Fresno 1984 Gilroy 1999 Humboldt County 1984 Imperial County 1996 Merced County 1990 Mono County 1993 Nevada County 1995 Orange Cove 1979

Palo Alto 1998 Placer County 1994 Rancho Palos Verdes 1975 Redding 1992 Sacramento County 1993 San Bernardino 1989 San Diego 1979 San Joaquin County 1992 San Luis Obispo 1979 Santa Barbara County 1991 Shasta County 1994 Sierra County 1996 Sonoma County 1989 Stanislaus County 1992 Sutter County 1996 Tehama County 1983 Tuolumne County 1996 Ventura County 1983

Government RegulationGovernment Regulation

Historical tool of a protective plan Historical tool of a protective plan for agriculturefor agriculture

General plan must be carried out General plan must be carried out and the most important is zoningand the most important is zoning

Is also the most controversial Is also the most controversial (zoning)(zoning)

Local ZoningLocal Zoning

Divides jurisdiction into parts (zones) Divides jurisdiction into parts (zones)

Establishes what is permitted, Establishes what is permitted, prohibited, permitted with permitsprohibited, permitted with permits

What happens if you change zoning What happens if you change zoning (rezoning) – controversial with (rezoning) – controversial with property rightsproperty rights

How to zone to protect ag?How to zone to protect ag?

Set up special Ag buffer zones (typically Set up special Ag buffer zones (typically in counties) ie. Turlock, Merced, Ceresin counties) ie. Turlock, Merced, Ceres

Set minimum parcel size, not to go below Set minimum parcel size, not to go below a certain acreage (a certain acreage (1, 5, 101, 5, 10, 20, 40), 20, 40)

Minimum parcel sizes have Minimum parcel sizes have increased increased over the yearsover the years to restrict rural to restrict rural development and farmland conversiondevelopment and farmland conversion

Non conforming parcels…whyNon conforming parcels…why

Subdivisions urbanizing land – Subdivisions urbanizing land – all done locally, regulatory power of all done locally, regulatory power of

governmentgovernment

Reliance on Local Agency Formation Reliance on Local Agency Formation Committee (LAFCO)Committee (LAFCO)

Affects zoning…Affects zoning…

LAFCOLAFCO

Non-regulatory tool – local state agencyNon-regulatory tool – local state agency – – is most important in terms of development – is most important in terms of development –

A city cannot expand boundaries without A city cannot expand boundaries without LAFCO.LAFCO. approves annexationsapproves annexations sphere of influence – ultimate growth boundary sphere of influence – ultimate growth boundary

in 57 out of 58 counties (SF city and county)in 57 out of 58 counties (SF city and county) Must take into account Ag land being lostMust take into account Ag land being lost

LAFCO…4 major functions…LAFCO…4 major functions… To review and approve or disapprove proposals

for changes in the boundaries or organization of cities and special districts in the county, applications for activation of special district latent powers, and applications to provide service outside of a city or district boundary;

  To establish and periodically update the sphere of

influence or planned service area boundary for each city and special district;

To initiate and assist in studies of existing local government agencies with the goal of improving the efficiency and reducing the costs of providing urban services; and

To provide assistance to other governmental agencies and the public concerning changes in local government organization and boundaries.

LAFCO continued…LAFCO continued…

Committee made up of at least 5 Committee made up of at least 5 members + 2 local optional membersmembers + 2 local optional members

2 board of supervisors2 board of supervisors 2 city representatives2 city representatives 1 public – selected by 41 public – selected by 4

This is a state agency – not This is a state agency – not disputable – very powerfuldisputable – very powerful

CEQA – California Environmental CEQA – California Environmental Quality ActQuality Act

Also affects the General Plan and Also affects the General Plan and zoningzoning

Key to a general plan – prepares Key to a general plan – prepares environmental reportenvironmental report

The basic goal is to develop and The basic goal is to develop and maintain a high-quality environment maintain a high-quality environment now and in the future now and in the future

CEQA Goals…CEQA Goals…

Specific goals of CEQA are for California's public agencies to:

1) identify the significant environmental effects of their actions; and, either

2) avoid those significant environmental effects, where feasible; or

3) mitigate those significant environmental effects, where feasible.

CEQA Applies to…CEQA Applies to…

““Projects" proposed to be undertaken Projects" proposed to be undertaken or requiring approval by State and local or requiring approval by State and local government agencies. government agencies.

"Projects""Projects" are activities which have the are activities which have the potential to have a physical impact on potential to have a physical impact on the environment and may include:the environment and may include: the enactment of zoning ordinances, the enactment of zoning ordinances, the issuance of conditional use permits and the issuance of conditional use permits and the approval of tentative subdivision maps.the approval of tentative subdivision maps.

Where a project requires approvals Where a project requires approvals from more than one public agency, from more than one public agency, CEQA requires ones of these public CEQA requires ones of these public agencies to serve as the "lead agencies to serve as the "lead agency”.agency”.

A "lead agency" must complete the A "lead agency" must complete the environmental review process required environmental review process required by CEQA. (normally the planning by CEQA. (normally the planning department)department)

CEQA Approvals…lead agencyCEQA Approvals…lead agency

The most basic steps of the The most basic steps of the environmental review process are:environmental review process are:

1) Determine if the activity is a 1) Determine if the activity is a "project""project" subject to CEQA;subject to CEQA;

2) Determine if the "project" is 2) Determine if the "project" is exemptexempt from CEQA;from CEQA;

3) Perform an Initial Study to identify the 3) Perform an Initial Study to identify the environmental impacts of the project environmental impacts of the project and determine whether the identified and determine whether the identified impacts are "significant". impacts are "significant".

CEQA Environmental ReviewCEQA Environmental Review

Based on its findings of "significance", the Based on its findings of "significance", the lead agency prepares one of the following lead agency prepares one of the following environmental review documents:environmental review documents:

a)a) Negative Declaration if it finds no Negative Declaration if it finds no "significant" impacts;"significant" impacts;

b)b) Mitigated Negative Declaration if it finds Mitigated Negative Declaration if it finds "significant" impacts but revises the project "significant" impacts but revises the project to avoid or mitigate those significant to avoid or mitigate those significant impacts;impacts;

c)c) Environmental Impact Report (EIR) if it Environmental Impact Report (EIR) if it finds "significant" impacts.finds "significant" impacts.

CEQA environmental review continued…CEQA environmental review continued…

While there is no ironclad definition of While there is no ironclad definition of "significance", the State CEQA "significance", the State CEQA Guidelines provides criteria to lead Guidelines provides criteria to lead agencies in determining whether a agencies in determining whether a project may have significant effects. project may have significant effects. ((Article 5Article 5 of CEQA Law). of CEQA Law).

CEQA environmental review continued…CEQA environmental review continued…

Environmental Impact Report (EIR)Environmental Impact Report (EIR)

The purpose of an EIR is to The purpose of an EIR is to provideprovide State State and local agencies and the general and local agencies and the general public with public with detailed informationdetailed information on the on the potentially significant environmental potentially significant environmental effectseffects which a proposed project is likely which a proposed project is likely to have and to to have and to list wayslist ways which the which the significant environmental significant environmental effects may be effects may be minimized and indicate alternativesminimized and indicate alternatives to to the project.the project.

Now back to Zoning…

Now back to Zoning…