Zoning and the Planning Process Lecture 8 Planning Issues in Agriculture

Zoning Zoning establishes standard for development, etc. Zoning establishes standard for development, etc. Most controversial – Ag – what types of businesses and/or structures are permitted? Most controversial – Ag – what types of businesses and/or structures are permitted? Zoning – approved by LAFCO first, then Zoning – approved by LAFCO first, then A majority of Board of Supervisors or city council A majority of Board of Supervisors or city council

Zoning continued… Zoning can change for sound reasons Zoning can change for sound reasons Example… Salida ( Pelandale/ Kiernan) area Example… Salida ( Pelandale/ Kiernan) area 99 to McHenry was all ag zoning 99 to McHenry was all ag zoning But, zoning was changed…why? But, zoning was changed…why? Overriding economical and social reasons to allow projects and change zoning Overriding economical and social reasons to allow projects and change zoning

Growth by Subdivisions…How? 1. General plan – must be authorized 2. Zoning must allow residential 3. Environmental review 4. Subdivision (subdividing of land that is zoned)

Agriculture Zoning Regulatory power of government for Ag in general plan: 1 – Identify environmental effects 2 – Avoid areas where there will be environmental effects 3 – Mitigate those significant environmental effects Process of identifying, avoiding and mitigating Process of identifying, avoiding and mitigating

Lead Agency Review Public Agency is called Lead Agency – responsible for seeing that environmental review is done in accordance with CEQA Public Agency is called Lead Agency – responsible for seeing that environmental review is done in accordance with CEQA Environmental Analysis is prepared, if necessary Environmental Analysis is prepared, if necessary For all intents and purposes, the “Lead Agency” is the planning department For all intents and purposes, the “Lead Agency” is the planning department

Lead Agency Determines… Growth inducing – effect of significance in environment Growth inducing – effect of significance in environment Social setting is effected- must be addressed Social setting is effected- must be addressed Mitigated negative declaration solved through creating, for example, fees Mitigated negative declaration solved through creating, for example, fees Cannot consider merits of project until CEQA environmental reports Cannot consider merits of project until CEQA environmental reports

Right to Farm Laws Every state allows a right to farm ordinance What do they mean? What do they mean? 2 major benefits 2 major benefits 1 – protect ag operations when private nuisance claims are brought to court 2 – Also protects any passages of new ordinances Problems occur when people move to or are in an agriculture area Problems occur when people move to or are in an agriculture area Meant to protect the farmer from undue harassment and financial responsibility Meant to protect the farmer from undue harassment and financial responsibility

Right to Farm Ordinances Dos Palos Escalon Lathrop Lodi Los Banos Manteca Merced County ModestoOakdalePatterson Sacramento County San Joaquin County Stanislaus County Stockton Tracy Tuolumne County Turlock West Sacramento

Remember LAFCO? LAFCO – responsible for boundary adjustments One Plan… Urban limit lines (SLO has it) Urban limit lines (SLO has it) City says we will grow to certain boundaries City says we will grow to certain boundaries On outside are buffer zones (greenbelt) to protect ag lands On outside are buffer zones (greenbelt) to protect ag lands Who pays for this? The homeowner ends up paying. Who pays for this? The homeowner ends up paying. How? How?