HomeMy WebLinkAboutMPA18-0005 PLANNING COMMISSION RESOLUTION MPA 18-0005
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL: ADD
CHAPTER 19.100 TO THE MUNICIPAL CODE TO ADOPT AND
ESTABLISH AN URBAN AGRICULTURE INCENTIVE ZONE
WHEREAS, California Assembly Bill 551 ("Urban Agriculture Incentive Zones
Act") added Chapter 6.3, commencing with 51040, to Part 1 of Division 1 of Title 5 of the
California Government Code, amended 402.1 of the California Revenue and Taxation
Code, and added 422.7 to the California Revenue and Taxation Code; and
WHEREAS, the Urban Agriculture Incentive Zones Act ("UAIZ") is intended to
promote small scale agriculture on vacant, unimproved, or blighted lands in urban areas;
and
WHEREAS, the City of Chula Vista ("City") has existing land use zoning
regulations pertaining to small-scale agriculture; and
WHEREAS,the Urban Agriculture Incentive Zones Act authorizes,under specified
conditions and until January 1, 2029 (or to a time otherwise provided for by the State), the
City and a property owner to enter into a contract to restrict the property owner's use of
their vacant, unimproved, or otherwise blighted lands for small-scale agricultural use in
urban areas, provided the contract is for a term of no less than five years and the property
is at least 0.10 acre and not more than three acres in size; and
WHEREAS, in exchange for the property owner restricting their property for urban
agriculture and entering into a contract pursuant to the Urban Agriculture Incentive Zones
Act,the San Diego County Assessor("County Assessor")is required to value the restricted
property at the lowest of three values: the value based on the average per-acre value of
irrigated cropland in California, the current fair market value, or the factored base year
value (Proposition 13 value); and
WHEREAS, pursuant to the Urban Agriculture Incentive Zones Act, property
owners who breach the contract or terminate the contract prior to its expiration are
obligated to pay a fee equal to the tax benefit they received, and
WHEREAS, pursuant to the Urban Agriculture Incentive Zones Act, no Urban
Agriculture Incentive Zone may be established in any area that is currently subject to, or
has been subject to, within the previous three years, a contract pursuant to California
Government Code sections 51200 to 51297.4 (the "Williamson Act"); and
WHEREAS, pursuant to the Urban Agriculture Incentive Zones Act, the
establishment of an Urban Agriculture Incentive Zone within the City of Chula Vista is
PC Resolution MPA 18-0005
June 13,2018
Page 2
subject to approval by the County Board of Supervisors which was adopted by Resolution.
No. 18-062 on May 15, 2018; and
WHEREAS, the City's Development Services Director has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and determined that the
proposed activity is not a "Project" as defined under Section 15378 of the state CEQA
Guidelines because the activity is voluntary and does not involve any commitment to any
specific project that may result in a potentially significant physical impact on the
environment. Therefore,pursuant to Section 15060(c)(3) of the State CEQA Guidelines,the
activity is not subject to CEQA. Thus, no environmental review is required. Although
enviromnental review is not required at this time, once the scope of potential individual
projects has been defined, environmental review will be required for each project and the
appropriate enviromnental determination will be made.; and
WHEREAS, the Planing Commission held an advertised public hearing on the
Project,took public testimony, heard staff's presentation, and thereafter closed the hearing.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of the
City of Chula Vista and after hearing public testimony, staff's presentation and after
reviewing all of the subject documents, hereby recommends that the City Council adopt
the attached Draft City Council Ordinance approving the Project in accordance with the
findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula
Vista that a copy of this Resolution and the draft City Council Ordinance be transmitted to
the City Council.
SIGNATURE PAGE FOLLOWS
PC Resolution MPA 18-0005
June 13,2018
Page 3
Prese ' ,d by: Approved as to form by:
Kell r 6'gh on,FSALA Gen R. G gins
Development Services Director CiAtto ey
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 13th day of June 2018, by the following
vote, to-wit:
AYES: Anaya, Burroughs, Gutierrez, Milburn
NOES: N/A
ABSENT: Calvo,Nava, Zaker
ABSTAIN: N/A
abe 4rmz, airperson
ATTET:
Patricia Laughlin, Secretary`s