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HomeMy WebLinkAboutSan Luis Ranch DEIR Public Comment received 1-27-2017 (County of SLO Department of Agriculture) Meeting: From: Davidson, Doug Sent: Thursday, January 26, 2017 4:13 PM To: Bergman, Katelin Subject: FW: San Luis Ranch DEIR Attachments: SLO Ag Dept comments.pdf Follow Up Flag: Follow up Flag Status: Flagged Item: St/P— be -1 r! - RECEIVED CITY OF SAN LUIS OBISPO JAN 2 7 2017 COMMUNITY DEVELOPMENT Here we go w/San Luis Ranch. Probably be a lot of comments like w/Avila these last few days. Thanks From: Lynda Auchinachie [ Sent: Thursday, January 26, 2017 2:51 PM To: Davidson, Doug <ddavidson@slocity.org> Subject: San Luis Ranch DEIR Hi Doug, Comments attached. Thanks, Lynda C01 T� SA�N:LiIIS OBISPCI COUNTY OF SAN LUIS OBISPO DEPARTMENT OF AGRICULTURE / WEIGHTS & MEASURES Marty 5ettevendemie Ag Commissioner/ County Sealer DATE: January 26, 2017 TO: Doug Davidson, Deputy Director FROM: Lynda L. Auchinachie, Agriculture Department SUBJECT: San Luis Ranch Specific Plan Draft Environmental Impact Report (1921) The Draft Environmental Impact Report for San Luis Ranch Specific Plan identifies the p6tential for land use incompatibilities between the proposed residential and agricultural uses. The San Luis Obispo County's Agriculture Element has an agricultural buffer policy that may be of assistance when determining an adequate buffer size to reduce incompatibilities. In general, a buffer for irrigated vegetables would range from 200-600 feet. I have attached a copy of the buffer policy for your reference. Comments and recommendations are based on policies in the San Luis Obispo County Agriculture Element, Conservation and Open Space Element, the Land Use Ordinance, the California Environmental Quality Act (CEQA), and on current departmental policy to conserve agricultural resources and to provide for public health, safety and welfare while mitigating to the extent feasible the negative impacts of development to agriculture. If you have questions, please call 781-5914 Department of Agriculture / Weights & Measures 2156 Sierra Way I San Luis Obispo, CA 93401 I (P)80S-781-5910 I (F) 805-781-1035 agcommslo@co.slo.ca.us I slocounty.ca,gov/agcomm APPENDIX C: AGRICULTURAL BUFFER POLICIES vie foilmmg ag Duffer policies have been adopted by the Board of Supervisnrs;revised .November 2(1 5). llolicv Statement It is the policy of the lgricultural C011urissioner and Phiniung Director through the countv's land use Agriculture Element to: Promote and protect alriculrure Protect the public's health and safen 3. Provide the Board of Supe.msors, LAK0, School Districts, and Ci.n, Councils with technical information, assistance and buffer re.comi-ienclarions to address Lind use comparlblllry and is ries affecting agriculture. Objectives 'Ihe AgrlctilRlral (,011iliilsslollerwiLl e�"alLlate referrals to deternlllle if pote.11u.al �'tilgillflc:lllt land u e c(infllct" between agricultural lands and non-agricultural lands will occur with the proposed project. 'I lie basis for (lie determination and recommended nlirigation measures will be provided in a written report. Determination and recommendations are advisors- and made on a site-specific basis wirhiri the established buffer policies and procedures. Buffers !reduce Land Use Contlict from: Pesticide I'se A. Provides for a margin of safety for the public and sensitive non -Larger areas. B. Reduces die need for sprain buffers or other governmental restrictions which negatively imlaact agriculture. C. Helps maintain the feasibility of pesticide use as in alternative for sustainable agriculture. D. Reduces local neighbor conflict and compliants ro agriculturalist and goverrimenr agencies. 2. Noise and Night time lighting A, Reduces the potential for nuisance from a v,.mety of agricnlrural sources such as bird frightening devices, pumps, heavy equipment, wind machines, etc. B, Reduces local neighbor conflict and complaints to governluulral agencies. C. Reduces the disturbance frorn noise and light associated with light han-estirlg. AGRICUI.TURP Ei.FMFNT C-1 AGRICULTURAL BUFFER 1101 ICIFS RF\%isED MAY 2010 APPE'NDIX C 3. Dust A. Creates distance or screeiliilg for dust to settle out before offecring hones or people. 4. l'respass/�%andalism/'l belt%T.irter/T,iabilin A. 1-'Ie1pj reduce the pOrelltlal ne„aUICe I111pact rhal people and pets Ciro have on agniculuural pr.Opel'tl'. B. Helps reduce the impact tlrar 611 a.- livestocic can have cm neighbor p1•operrt•. 5. Rodent Control 1. Helps maintain the use of agricultur l rodent control materials which mai be otherwise prohibited in close prosiminv to hollies, schools, and other urban areas. B. Reduces the likelihood of accidental poisoning of pets. 6. _Agricultural Burris A . Helps maintain agriculrural burning as a cuIrtu•stl management tool. Otherwise, burns Inas• be ptollibited nr further re;gulared if dwelliile=s ;Ire built toy, close to agriculrund properly. 13. Prowms the publics licalth and safcry. 7. BQukeepers jA1 Helps preserve the use of bees for honcy production and pollinarion. Othm isc, beekeepers mag be forced to move hive ser,,., out or -agricultural areas due to close proximity- to urban areas. B. P[otCCCS the public's 11Ca1d1 and , ens frons bees searching Cor food incl water. 8. Erosion and Development A. Reduces the sources ofsoil erosionIll agriculturaIIrea fro I'll develnpIll ell tactivitie.s oil adjacent lands. B. Reduces impacts on agriculture from flooding and siltation. 9. Ila.r.borage and inrroduction of agricultural disease and pests A. Protects agriculture by reducing ill iile.ident of insect and diseases morins from backvard situation; to adjacent agriculture. 10. Orher sources of land use conflict unique to certain situations. AGRICULTURAL, BI, FFER POLIC'IF_S AGRICULI C'U'. ELEMENT APPENDIX C REVISED MAY 201 0 Referral Process L The Agricultural Conuniss6ner's office responds w referrals sent by the Plamull,, Department, Public Forks, LAFCQ, School Districts, or CITY gcwernment. issues usualle relave to proposed development. land dir•isiocls, lot Gne ad;usrnaents, zoning or general pian changes adjacent to or in the ricini[ of existing ayricttlntral land use. Responses are in writing and advisory only, 3. an on -sire evaluation is conducted usually With the applicant and/or agent. Nearby agricultural operators are contacted whenever possible. 3. l,:eisting agricultural use, withira an appropriate range, is evaluated for potential significant land use conflict with the proposal. Realistic ttiiu.ace <lgricultLtral use, inn agricultural zoned parcels may al c) be considered. 4. Buffer derernunations and other nutigiuion are made on a vise ba case basis consiclerI g established bullet clistanEe ranges :and :all relevant Facrnrs. (.;e;tlnrt tit ide sranel:ucl or miltilnurn serback distances are used onh when specified in the LL O, i-Io�� evm this procedural guideline is followed to provide for tnaMinum consisrenc\•. 5. Reconunended mitigation ±neasures are sublecr. to review ;and modlflcatlon by the deparunent as long as the margin of safery is n.iaintained, potentisil nuisance issues are adecluarely addressed and potenrial land use conflict is munt:uned ar a level below significance. 6. agricultural Commissioner land use reports wi11 also identih potential land use contlicrs ;tnd negative impacts ro agriculture in situations ,vh1ch mat- be parrinilc or nor at all mirigared. Jfven with buffer sctbacks, etc., agriculturalists mar be turther wstricred in their producriou practices or experience losses due to adjacent clescloprnc•nt. ?. Agricultural Commissioner's staff is available for testimony at public hearings upon the reclucsr of the Board of Supervisors, Planning CotnlnissK;n, Subdivision Revicm- Board, Planning and Building Department, LAFC O, or cin, government. Procedural Guideluies In/ro la•tior Type and extent of agricultural use, zoning, site specific non -crap factors, and the nature of rhe land use proposal are the mast sigcificant factor; ui a derermiriatIon of significant land use conflict and .subsetluenr nungation measures. Agricultural Use A. 1 -vent: An evaluation is made. if existing agricultural use is of a "production agriculture" scope. This differentlares "hobby farms", " anchenes", or other smaller non-commercial LTpe agricetltural uses. AGRICULTURE. Et F,c�IENT C'- i AGRICI;f "f l 1i:11. Bl_`rFFR POLICIES REVISED MAY 2010 APPLNDI\ C B. Type: Farming practices van considerably by type of agricultural use. Subsequendi, land use conflict determinations and .recommended mitigstion measures are often directly related to the n.pe of agricultural use poteimAlly impacted by the referred land use proposal. C. Historical/Current/Future: An evaluation malt- be made concerning the >uitabilitS- of a particular parcel or area for certain type; of agricultural uses, zoning zoning on A>ricutlntral use parcels adjacent/near the re" rred land use proposal are evaluated. J he zoning of the referred parcels and the overall zoning of the area mar• also be evaluated. A. Parcels adjacenr to [lie refer'r'al 1)1`01 ct, zoned ftgrict;lture, 1,6111 x111 csistiu r, or restli,ric future Agriculau•al use. norrnall} pix-widc a bA,i, for ;t land use corrtiicr determinarion and :subsequent nutigation measure,. B. Parcels adjacent to the referral projec r not zoned agriculture tnay provide a basis for a basis for a land use contlicr determination only if a "production agriculture" use exists at The time of evaluation. Sire Specific tiara -Crop Factors Various site specitic tactors are evaluared and por.crttially, urilizcd in bind use conflict dercrmrnacions and mitigation tncasures. Thcsc include. but arc norlimittd to: topography. pre.a'ling w-nd direction, natural screening (e.g.; vc�gctarion. so -c"111 -channel:`, soil n•pe, location of existing roads, and the c%tcnr c ->i csisring devclopmcnr. Narurc of the Proposal Specific factors related to the referred land use proposal that maybe significant include, but are not limited to: parcel size, configuration, density of development, and intended rape of land use. Developments, which include dwellings or schools, may need larger buffets than businesses where the presence of people mqy be limiter{. -Nfitiryarion Measure, Ob51,!, lire Building setbacks (buffer;; and/or,creening techniques (xval_ls, landscaping, etc." are t.rsefui to increase rhe likelihood of compatibilitl• between development (homes, schools, etc." and agriculrui:M properry. Puffers are the most e.ffecrire mitigation measure. AGRICULTURAL. BLTFFER POLICIES C-4 AGRICULTURE ELE)11aT APPENDIX C RFViSFD MAY 2010 ,ti,•np� The buffer is placed on the developer's property and «i11 he recorded as a distance from the property line to the proposed occupied structure. However, the total buffer distance calculation and recomnlenchmon i measured from proposed occupied structure ro the edge of dee agricultural operation. The Duffer will allow for such land uses as landscaping, barns, storage buildings, orchards, pastures, etc., while prorecting the au,ricultural use and the public'S health and satery. The Counn; does not have the authority to restrict the agricultural land use in order to accomplish the recon1111ended butler. However, the _LgfiCultL'ral Coinnilssioner does have the authority, and has at rimes, imposed spray buffers and other restrictions to pest management. practices due to development or other potential hazards near agricultural Operations. A26cukural Buffer Disrance 1; ererminaritins General Guidelines A. Deternunatioils are made based on all relevanr site and project criteria, practical lulowledge of agricultural practices, technical literature, contact with other professionals within the Util ersitr, indusu7v. government agencies and training. B. "Margin of safen_" and "probability" concepts are used in determining setback distances. C. The department's land use reports will identify- recommended mitigation measures and will not provide alrerrlarives. D. existing dwellings adjacent to agricultural use may already ne;gauvelt• impact agriculture. Buffer mitigations address reducing future or addirional impacts and wren t necessarily affected be_- existing dWelli.ngs unless the extent of eNistiug developmenr is such that the proposal does not sigtu6eantly worsen the lard use conflict already present. Butter Distance Ranges by Crop A riculttural practices associated yvith the production of crops are the most important contributing factor to land use conflict when development occurs in close pro unity to agriculturtl areaS. Since production pracuces vary considerably In type of crop Duffel' distances may Nrary accordingly Ranges in distance are necessan� due to the 1.1ltluencr their site or project specific factors may leave, AGRICULTURE ELFit4F-.\T REVISED MAY 2010 C -J AGR1C`U1JtJRA1. BUFFFR P01 IC.'IFS APPENDIX C uEfer Distance lame by (:rr�i Table 1 "'Me of g—ricultrtral Use F3uPier Distance Range Intensive Agricultural Uses Vine }and )00 - (still nett Irrigated orchard: if )I t - (,i tt] feer Irri,gated 1-egetables and berries 2116 . (stun feet Irrigated Forage and i-icld C:rOps Irl[[ - 400 tt:et \VhOle;ale nu.r5erte, - 011tC100ts Itjlj - att[I feeer Greenhouses 11th - 300 feet 2. Non -Intensive Agricultural Uses Dn- farm held crops, orchards and vineyard; 1_00-700 feet Rangeland/pasture 50-200 Feet Sire specific non -crop cacrors (such as ropogr-,iphp, prevmling ttiind direction, and elegy anion di'ferences'r and proposal specifications often 'affect the i-Matl buffer distance recr:rlr.mendarion within ranges listed in NUMber 1 and ?. Significant overriding Factors or land unsuitable For aQriculrurll use could justity recr,rded buCer, les, [11111 the• indicated rartge. 3. Buffers and Do'elopment PoLemial Porential development on the referred land use proposal will always be considered. However, with certain types o f production agricultural crop uses its de fined in Table ? below on '.agriculrural zoned laud, theanalysis mat lead to a recomitiendarion to alter the project. F. Zoning and Buffer, .1. _Affect of _ mculnu-al I.. e Zoning (.in Project Mirra;aric,rt. Tile zoning on agricultural Use parcelq m-111acenr to rhe proprised land use refen,al ITIAC affect buffer duern-uriat1ons, The following table: applies to the zoning of parcels potentially affectc•.d by proposed projects. These parcels usuallt- adjoin the propwwd project, but man also encompass orher parcels in the nearby arca r,rcglonal considerations). AGRICULTURAL. BUFFER POLICIES C-6 AGRICC LT[RL. ELEMENT APPF.Nr)fx C R17VISF_i) []VIA Y ?010 Zoning and 13Liffel hero=1u�leslciatil,+i: -.1•able. Adjacent Parcel Project Parcel Mitigation Zoning Ag Use Buffers May Be Proposed Recommended Development Possible Affected .fig. Zone. Production :1g. Use YCS Yes Ag. Zone Prime Soils lies ye." 1g. 'Lone Realistic Future Ag. ]Use Yes No Non -Ag. Zone Production ,'\g. Use Yes ` Ves Notl-A-r. Zone. Noll-pEOduction Ag. Use No \o Foil -Ag. Zoite Reapstic Future Production No No Ag. Use 'Production agricultural use parcels in non-agricultural zone; which have 111toric agricultural value, prime. soils, or other unique agricultural characreri:tic, \will receive Elle a111e le -%-el of recorrimencled mitigation protection as dogricultural zoned parcel:. B. Use of Project dirigation on Agriculturally Zoned Parcels Typically, buffers are not neccssai7- are on parcels zoned agriculture. However. buffers xvill be reconinae tided on parcels zoned agriculture M-hich are under 20 acres III size (substandard sized IOCS comniunly known is aiidquated subdivisions). N-4aXimurn appropriate buffer distance -within approved ranges will be reconunended, but distances nlav need to be reduced to allow Cor reasonable llon)e sites on existing parcels S*eCIfIC S"iLuntlon'll Issues kXlien bUfters are reconunended fc,r proposed LIM] Use project; ;1Cl;;lce1.t to 1lro ILIC60n agricul[ure on non-agriculruraUy zoned property, the report will normally sr,,ice: "•The but ter ;hail become null and void if furlre cle elopnlenr on adj:ue!1r parcel(,'.precludes production a flculttlre." Such,i d .rernlination shall be inade III cOlhLtl[atlon With the Department of Agriculture. ?, The Agricultural Cionlrtlissioner will not recon -1t1 -lend Elle specific n'pe 1;f phinu lil.tterMl or construction nlarerial for a wall or Fence for screening purposes, bur may stare and evtluate the applicants written proposal. Organic farllling practices will nor [Fplcally 111t7L1cncC 1711I1gaC1Ci !1 nleHslifca. AGRicUi,TURE El.FMENT C-7 AGR1C1;1_Tl'RAI, B(`1TF;R floi IC1Fy RFvISED MAY 2010 ,APPENDIX C 4. Proposed industrial land uses ncljacenr to agricultural areas may also present significant land use conflict. Specific types of industrial use will be evaluated oti a case-by-case basis through the normal .referral process. T_and use conflict may be significantly reduced if the agricultural Use and the proposed use is opt red%operated by the same party (eg: \t inetw or a roadside stand added to an existing agricultural operation..' G. Occupied sn-ucture(s) that already exist within a "buffer zone" are not a ffected by the buffer restrictions. Buffers w ll only affect location of proposed occupied structures. Mobile homes are considered home sites and subsequently can be replaced by permanent home construction within the buffer >.one. Permanent home replacement (e.g., fire destruction) u.-ould also be unaffected btu the buffer. Disclosure The agricultural buffer document will he duly recorded in the chsun of title of the subject property. AGRICULTURAL BUFFER POLICIES C-8 AGRICULTURE ELEN NT APPENDIX C REVISED MAY 2010