RESOLUTION NO. ____ _
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE APPROVING THE ESTABLISHMENT BY CITIES OF URBAN AGRICULTURE INCENTIVE ZONES WITHIN CITY BOUNDARIES CONSISTENT WITH THE URBAN AGRICULTURE INCENTIVE ZONES ACT (ASSEMBLY BILL 511)
WHEREAS, the Urban Agriculture Incentive Zones Act (AB 511) is intended to promote small-scale agriculture on vacant, unimproved or blighted lands in urban areas;
WHEREAS, AB 511 authorizes, under specified conditions and until January 1, 2019, a city, county, or city and county and a landowner to enter into a contract to restrict the use of vacant, unimproved, or otherwise blighted lands for small-scale production of agricultural crops and animal husbandry in urban areas, provided the contract is for a term of no less than 5 years and the property is at least 0.10 acres in size;
WHEREAS, in exchange for the property owner restricting property for urban agriculture and entering into a contract pursuant to AB 511, the county assessor is required to value the restricted property at the rate based on the average per-acre value of irrigated cropland in California, adjusted proportionally to reflect the acreage of the property under contract;
WHEREAS, "urban" for purposes of AB 511 is defined in Government Code section 51 040.3(a) as "an area within the boundaries of an urbanized areas, as that term is used by the United States Census Bureau, that includes at least 250,000 people." Thus, to qualify as an "urban" area under AB 511, the area must be (1) within an urbanized area as that term is defined by the United States Census Bureau and (2) that urbanized area must include at least 250,000 people;
WHEREAS, the Mission Viejo Lake Forest-San Clemente, CA 57709United Census Area is an urbanized area with a population of 513,757 persons. Therefore, the city of San Juan Capistrano qualified as an urban area for purposes of AB 511;
WHEREAS, the County cities qualifying for AB 511 may, after approval from the Board of Supervisors, establish by ordinance an Urban Agriculture Incentive Zone ("UAIZ") within its boundaries for the purpose of entering into enforceable contracts with landowners;
WHEREAS, the County is in the process of preparing a UAIZ program for consideration by the Board for lands in unincorporated County, including lands within the spheres of influence of the city of San Juan Capistrano. Pursuant to AB 511, a county shall not establish a UAIZ within any portion of the spheres of influence of a city unless the legislative body of the city has consented to the establishment of the UAIZ and the County intends to seek consent of the County UAIZ impacted lands within the spheres of influence of the respective cities;
WHERAS, the City Council for the City of San Juan Capistrano has unanimously voted with the intent to form a UAIZ within their sphere of influence on August 4, 2015;
WHEREAS, the creation ofUAIZs in urban areas serves a public purpose because it encourages owners of private, vacant, undeveloped land to use it for urban agricultural purposes, thus encouraging environmentally sustainable farms that co-exist with the local eco-systems and promoting locally grown food; and
WHEREAS, the Board seeks to grant approval to the County cities that may wish to establish a UAIZ in accordance with AB 511. The action contemplated is exempt from the CaliforniaEnvironmental Quality Act pursuant to CEQA Guidelines section 15061 (b )(2) and said determination is on file with the State of California Officeof Planning and Development.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors ofthe County of Orange, State of California, that in accordance with AB 511, the Board approves the establishment by ordinance of Urban Agriculture Incentive Zones, consistent with the requirements of AB 511, in the city of San Juan Capistrano.
PASSED AND ADOPTED by the Board of Supervisors of the County of Orange, State of California on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: