AGRICULTURAL LANDS PRESERVATION POLICY
ADOPTED NOVEMBER 27, 1979
MONTEREY COUNTY LOCAL AGENCY FORMATION COMMISSION
Subject: Disposition of proposals which involve the conversion of
agricultural or open space lands to urban uses.
Purpose: To establish guidelines for the Commission’s implementation
of Government Code Sections 54774,
54790.2 and 54796 (Knox-Nisbet Act).
These sections set forth priorities and policies for LAFCO’s maintenance
and preservation of agricultural and other open space lands.
DISCUSSION:
Statutory
Framework
The
Knox-Nisbet Act, LAFCO’s enabling statute, requires that LAFCOs consider the
effect of maintaining the physical and economic integrity of designated
agricultural preserves when determining and agency’s Sphere of Influence or
reviewing proposals. Government Code
Section 54790.2, establishes two policies to be used by LAFCOs in reviewing,
approving, or disapproving proposals with respect to agricultural and open
space lands:
·
First, that development shall be guided away from
existing prime agricultural lands toward areas containing non-prime
agricultural lands, unless such an action would not promote the planned,
orderly, efficient development of an area; and
·
Second, that development within an agency’s existing
jurisdiction or Sphere of Influence should be encouraged before approval of any
annexation to that agency which would lead to conversion of existing open space
lands to other than open space uses.
Further, Sections 54774 and 54796 respectively, require that
LAFCOs consider the effect of maintaining the physical and economic integrity
of designated agricultural preserves when determining an agency’s Sphere of
Influence or when reviewing an annexation proposal.
State law provides no more specific criteria or guidelines
by which to implement the agricultural and open space land preservation
policies established by the Knox-Nisbet Act.
However, through Government Code Section 54774.5, the Legislature
directed that LAFCO’s establish policies and exercise their powers…to encourage
and provide planned, well-ordered, efficient urban development patterns with
appropriate consideration of preserving open space lands within such patterns.”
All
referenced Code Sections are attached for reference.
County Policy on
Agricultural Lands
Adopted policy such as The General Plan and Growth
Management Policy, have established Monterey County’s priority for preserving
and protecting prime and productive agricultural lands and its agricultural
economy.
The County’s General Plan, Land Use Element,
Principles and Standards for Agriculture establishes:
1.
Prime agricultural lands, wherever possible, should be
separated and protected from other uses, and only those uses related to
agriculture should be located on prime agricultural lands.
2.
Agricultural uses should be encouraged as a means of providing
open space.
3.
Agricultural uses which are used by grazing and other
purposes, although not considered
prime soils, should be given protection.
4. Prime agricultural land must be recognized
as an equal to other major land uses and given the protection it deserves as a
developed use.
The Open Space Element maintains agricultural lands afford a
particularly advantageous method of providing large areas of open space. They form desirable separation between towns
and cities in the Salinas Valley and are not only pleasant to view, but are
also economic assets to the County.
This element defines retention of agricultural lands for open space as well
as for economic reasons as a principle and standard.
The Zoning and Land Use Procedures in Monterey County’s
Growth management Policy state:
Agriculture continues to be the basis of the economy of the
County. Agricultural lands in Monterey
County are some of the world’s finest.
Productive agricultural lands are our greatest resource and must be
preserved. Protection of this land can
be provided through the use of such devices as zoning, scenic easements, and
Williamson Act contracts. Furthermore,
developments of lands adjoining productive agricultural lands must be
nonpolluting and not otherwise detrimental to the agricultural uses. The improvement of roads and other
facilities serving areas of productive agricultural lands should be delimited consistent
with the agricultural uses.
The County has adopted in its Growth Management Policies
“Priorities for Growth.” Priority will
be for development in lands adjacent to existing and densely settled urban
areas where the necessary services and facilities are available, except where
this impacts prime and productive agricultural lands.
State Policy on
Agricultural Lands
Through the Knox-Nisbet Act, the Land Conservation Act of
1965 (Williamson Act), the California
Coastal Act, and the California Environmental quality Act, the California legislature
has clearly established the priority of preserving the State’s most productive
agricultural lands.
Both the Williamson and Coastal Acts have placed the
responsibility for identifying significant agricultural open space lands with
local general purpose governments and established standards by which to
identify such lands. The Williamson Act
encourages that local governments identifying prime agricultural lands within
their jurisdiction by designating agricultural preserves. The Coastal Act, through the Local Coastal
Program, requires local agencies to identify both “prime agricultural land” and
“potentially prime agricultural lands.”
Definition of
Prime Agricultural Land
The Knox-Nisbet Act requires LAFCOs to determine whether
agricultural preserves or prime agricultural land would be adversely affected
if a proposed annexation were approved.
However, the Knox-Nisbet Act and the Municipal Organization Act (MORGA)
establish different definitions of prime agricultural land for city and district
annexation proposals.
For city proposals, Section 35046 (MORGA) defines “prime
agricultural land” as land qualifying under any of the five Williamson Act
criteria (soil quality and economic productivity). However, for district proposals, Section 54775(p) (Knox-Nisbet)
defines “prime agricultural land” in terms of only the two Williamson Act soil
quality criteria. This apparent
inconsistency is eliminated when Section 351560 is reviewed. It states “Except as otherwise provided in
this part (all of MORGA is Part 2), such powers and duties shall be exercised
in accordance with the provisions of Chapter 6.6 (Knox-Nisbet Act is Chapter
6.6.). To the extent of any
inconsistency between Chapter 6.6 and this part, the provisions of this part
shall control.”
Proposed
Policies
1. In determining whether an annexation or
incorporation proposal may affect prime agricultural land, the commission shall
apply the definition of “prime agricultural land” established under Section
35046 of MORGA.
2. Annexation
or incorporation proposals which would allow or likely lead to the conversion
of prime agricultural land or other open space land (as defined in Sections
35046 and 65560) to other than open space uses shall be discouraged by the
Commission unless such an action would not promote the planned, orderly,
efficient development of an area, or the affected land use planning
jurisdiction has accomplished the following:
(a) Identified
within its Sphere of Influence all “prime agricultural land” as defined under
Government Code Section 35046;
(b) Demonstrated to LAFCO that effective measures
have been adopted to preserve for agricultural use those prime agricultural
lands identified in (a). Such measures
may include, but not be limited to, establishing agricultural preserves
pursuant to the California land Conservation Act; designating land for
agricultural or other open space uses on that jurisdiction’s general plan,
adopted growth management plan, or applicable specific plan; adopting an
agricultural element to its general plan; and undertaking public acquisition of
prime agricultural lands for the purpose of leasing back such lands for
agricultural use;
(c) Prezoned
pursuant to Government code Section 54790(a)(3), both territory within the
agency’s general planning area to be maintained for agricultural use, and also
territory within the annexation area to indicate anticipated level of
development.
3.
In reviewing a proposal which will lead to the conversion of
agricultural or open space land to urban use, the Commission will consider the
following criteria to determine whether the proposed action would (a) adversely
affect the agricultural resources of the community, or 9b) not promote the
planned, orderly, efficient development of an area:
(a)
The agricultural significance of the proposal area relative to
other agricultural lands in the region (soil, climate, and water factors);
(b)
The use value of the proposal area and surrounding parcels;
(c)
Determination as to whether any of the proposal area is
designated for agricultural preservation by adopted local plans, including
Local Coastal Plans, the County General Plan, land use and Open Space Element
and Growth management Policies;
(d)
Determination of:
(1)
Whether public facilities would be extended through or
adjacent to any other agricultural lands to provide services to the development
anticipated on the proposal property;
(2)
Whether the proposal area is adjacent to or surrounded by existing urban or
residential development.
(3) Whether
surrounding parcels may be expected to develop to urban uses within the next
five years.
(4)
Whether natural or man-made barriers would serve to buffer the
proposal area from existing urban uses.
4.
The Commission shall encourage proposals that result in
in-filling, particularly where the prime agricultural land represents a small
unit and is essentially surrounded by nonagricultural land.
5.
The Commission shall discourage proposals that intrude on
prime agricultural land when such intrusion would lead to the disruption of
viable agricultural units and the encouragement of further urban development on
such lands.
6.
Proposed annexations or incorporation of prime agricultural
land shall be consistent with the following:
(a) City
General Plan;
(b) County
General Plan;
(c) Spheres
of Influence (when adopted).
7. The Commission shall encourage proposals
for land uses adjacent to prime agricultural land which would result in
compatible uses 99.e., green belts, greenhouses, linear parks, light industry). Similarly, the Commission shall discourage
proposals which would result in less compatible uses (e.g., residential and
retail commercial uses).
REFERENCED CALIFORNIA GOVERNMENT CODE SECTIONS
35046. Prime
Agricultural Land
“Prime
Agricultural Land” means an area of land, whether a single parcel or contiguous
parcels, which:
(i)
has not been developed for a use other than an agricultural
use and
(ii)
meets any of the following qualifications:
(a) Land
which qualifies for rating as Class I or Class II in the Soil Conservation
Service land use capability classification;
(b) Land
which qualifies for rating 80 through 100 Storie Index Rating;
(c) Land
which supports livestock used for the production of food and fiber and which
has an annual carrying capacity equivalent to at least one animal unit per acre
as defined by the united States Department of Agriculture in the National
handbook on Range and Related Grazing Lands, July, 1967, developed pursuant to
Public law 46, December 1935;
(d) Land
planted with fruit or nut bearing trees, vines, bushes or crops which have a
non-bearing period of less than five years and which will normally return
during the commercial bearing period on an annual basis from the production of
unprocessed agricultural plant production not less than two hundred dollars
($200.00) per acre;
(e) Land
which has returned from the production of unprocessed agricultural plant
products in annual gross value of not less than two hundred dollars ($200.00)
per acre for three of the previous five years.
(f) Land
which is used to maintain livestock for commercial purposes.
54773. Short
title.
This
chapter shall be known and may be cited as the Knox-Nisbet Act.
(Added Stats.
1965, c. 587, pg. 1916, sec. 10)
54774. Purposes;
powers; sphere of influence; recommendations; financial assistance
Among the purposes of a local
agency formation commission are the discouragement of urban sprawl and the
encouragement of the orderly formation and development of local governmental
agencies based upon local conditions and circumstances. One of the objects of the local agency
formation commission is to make studies and to obtain and furnish information
which will contribute to the logical and reasonable development of local
governmental agencies so as to advantageously provide for the present and
future needs of each county and its communities.
In addition to its other powers,
the local agency formation commission shall initiate and make studies of
existing governmental agencies. Such
studies shall include but shall not be limited to inventorying such agencies
and determine their maximum service area and service capacities. In conducting such studies, the commission
may ask for land use information, studies, and plans of cities, counties, and districts,
including school districts, and regional agencies and state agencies and
departments. Cities, counties,
districts, including school districts, regional agencies, and state agencies
and departments, shall comply with the request of the commission for such
information and the commission shall make its studies available to public
agencies and any interested person.
In making these studies, the commission may cooperate with the county
planning commission.
In order to carry out its purposes
and responsibilities for planning and shaping the logical and orderly
development and coordination of local governmental agencies so as to
advantageously provide for the present and future needs to the county and its
communities, the local agency formation commission shall develop and determine
the sphere of influence of each local governmental agency within the
county. As used in this section “sphere
of influence” means a plan for the probable ultimate physical boundaries and
service area of a local governmental agency.
Among the factors considered in determining the sphere of influence of
each local governmental agency, the commission shall consider:
(a)
The maximum possible service area of the agency based upon
present and possible service capabilities of the agency.
(b)
The range of services the agency is providing or could
provide.
(c)
That projected future population growth of the area.
(d)
The type of development occurring or planned for the area,
including, but not limited to, residential, commercial, and industrial
development.
(e)
The present and probable future service needs of the area.
(f)
Local governmental agencies presently providing services to
such area and the present level, range and adequacy of services provided
(g) The existence of social and
economic interdependence and interaction between the area within the boundaries
of a local governmental agency and the area which surrounds it and which could
be considered within the agency’s sphere of influence.
(h) The existence of agriculture preserves in the
area which could be considered within an agency’s
sphere of influence and the effect on maintaining the physical and economic
integrity of such preserves in the event that such preserves are within a
sphere of influence of a local governmental agency.
The commission shall periodically
review and update the spheres of influence developed and determined by them.
The spheres of influence, after
adoption, shall be used by the commission as a factor in making regular
decisions on proposals over which it has jurisdiction. The commission may recommend governmental
reorganizations to particular agencies in the county, using the spheres of
influence as the basis for such recommendations. Such recommendations shall be made available, upon request, to
other governmental agencies or to the public.
The commission, or the board of
supervisors on behalf of the commission, is authorized to apply for or accept,
or both any financial assistance and grants-in-aid from public or private
agencies or from the state or federal government or from a local government.
(Amended by Stats. 1976, c. 31)
54774.5 Urban
development patterns; preservation of open space lands
It is the intent of the
Legislature that local agency formation commissions establish policies and
exercise their powers pursuant to this chapter in such manner to encourage and
provide planned, well-ordered, efficient urban development patterns with
appropriate consideration of preserving open-space lands within such patterns.
(Added by Stats. 1974, c. 531.)
54790.2 Conversion
of open-space to other use; policies and priorities
In reviewing and approving or
disapproving proposals which could reasonable be expected to induce, facilitate
or lead to the conversion of existing open-space lands to uses other than
open-space uses, the commission shall consider the following policies and
priorities:
(a) Development or use of land for other
than open-space uses shall be guided away from existing prime agricultural
lands in open-space use toward areas containing nonprime agricultural lands,
unless such an action would not promote the planned, orderly, efficient
development of an area.
(b) Development of existing vacant or
nonprime agricultural lands for urban uses within an agency’s existing
jurisdiction or within any agency’s sphere of influence should be encouraged
before any proposal is approved which would allow for or lead to the
development of existing open-space lands for non-open-space uses which are
outside of the agency’s existing jurisdiction or outside of an agency’s
existing sphere of influence.
(Added by Stats. 1974, c. 531.)
54796. Factors
to be Considered
Factors to be considered in the
review of a proposal shall include but not be limited to:
(a)
Population, population density; land area and land use; per
capita assessed
evaluation; topography, natural
boundaries, and drainage basins; proximity to other populated areas; the
likelihood of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
(b)
Need for organized community services; the present cost and
adequacy of
governmental services and controls
in the area; probable future needs for such services and controls; probable
future needs for such services and controls; probable effect of the proposed
incorporation, formation, annexation, or exclusion and of alternative courses
of action on the cost and adequacy of services and controls in the area and
adjacent areas. As used in this
subdivision, “services” is to be construed as referring to governmental
services whether or not the services are such as would be provided by local
agencies subject to this chapter, and as including the public facilities
necessary to provision of services.
(c)
The effect of the proposed action and of alternative actions,
on adjacent
areas, on mutual social and
economic interests and on the local governmental structure of the county.
(d)
The conformity of both the proposal and its anticipated
effects with both the
adopted commission policies on
providing planned, orderly, efficient patterns of urban development and
the policies and priorities set forth in Section 54790.2 of this code.
(e)
The effect of the proposal on maintaining the physical and
economic integrity
of lands in an
agricultural preserve in an agricultural preserve in open-space
uses.
(f)
The definiteness and certainty of the boundaries of the
territory, the
nonconformance of
proposed boundaries with lines of assessment or
ownership, the
creation of islands or corridors of unincorporated territory,
and other similar
matters affecting the proposed boundaries.
(g)
Conformity with appropriate city or county general and
specific plans.
(h)
The “sphere of influence” of any local agency which may be
applicable to the
proposal being reviewed.
(Amended by Stats. 1970, c. 1249,
1. 2247, sec. 4; Stats. 1972. c. 792, p. 1411, sec. 3; Stats. 1973, c. 652.
Sec. 2; Stats. 1974, c. 531.)
65560. Definitions
(a)
“Local open-space plan” is the open-space element of a county
or city general plan adopted by the board or council, either as the local
open-space plan or as the interim local open-space plan adopted pursuant to
Section 65563.
(b)
“Open-space land” is any parcel or area of land or water which
is essentially unimproved and devoted to an open-space use as defined in this
section, and which is designated on a local, regional or state open-space plan
as any of the following:
(1) Open
space for the preservation of natural resources including, but not limited to,
areas required for the preservation of plant and animal life, including habitat
for fish and wildlife species; areas required for ecologic and other scientific
study purposes; rivers, streams, bays and estuaries; and coastal beaches,
lakeshores, banks of rivers and streams, and watershed lands.
(2) Open
space used for the managed production of resources including but not limited
to, forest lands, rangeland, agricultural lands and areas of economic
importance for the production of food or fiber; areas required for recharge of
ground water basins; bays, estuaries, marshes, rivers and streams which are
important for the management of commercial fisheries; and areas containing
major mineral deposits, including those in short supply.
(3) Open
space for outdoor recreation, including but not limited to, areas of
outstanding scenic, historic and cultural value; areas particularly suited for
park and recreation purposes, including access to lakeshores, beaches, and
rivers and streams; and areas which serve as links between major recreation and
open-space reservations, including utility easements, banks of rivers and streams,
trails, and scenic highway corridors.
4) Open
space for public health and safety, including, but not limited to, areas which
require special management or regulation because of hazardous or special
conditions such as earthquake fault zones, unstable soil areas, flood plans,
watersheds, areas presenting high fire risks, areas required for the protection
of water quality and water reservoirs and areas required for the protection and
enhancement of air quality.
