HOW DO LAND USE DECISIONS AFFECT ME?

Panel Presentation

Panel Presentations

Bill Shoe, County of Santa Clara Principal Planner

Neelima Palacherla, Santa Clara County Local Agency Formation Commission Executive Officer

Leslie Little, City of Morgan Hill Assistant City Manager

Bill Shoe, County of Santa Clara Principal Planner

The County Perspective

Role of Principal Planner for Santa Clara County

Role of Principal Planner - Overview of My Responsibilities Manage comprehensive planning, General Plan Zoning Administrator/Zoning Ordinance Geographic Information System (GIS) staff Advise Board of Supervisors, Planning

Commission & County Staff Represent County

Framework for Planning Decision-Making in Santa Clara County Federal & State regulations (mandates,

pre-emptions, NEPA/CEQA) County’s General Plan Zoning Ordinance, County Ordinance Code

(subdivision, single sites, grading, etc.) Building Code, Fire Code, road standards, etc.

General Plan Basics

Last comprehensively updated 1994 Mandatory elements e.g.: Housing, Land Use Optional elements e.g.: Parks & Recreation Upcoming Element

Health Element

General Plan Structure

Vision - Four Themes/Goals Chapters, Strategies and Policies 3 Plans in 1: Countywide, Rural, & Urban

Islands Stanford Community Plan South County Joint Area Plan

Land Use Plan

Strategies Example - Natural Hazards#1: Inventory (map) hazards, monitor

conditions

#2: Minimize resident population in high hazard areas

#3: Design, locate, regulate development to avoid/withstand hazards

#4: Reduce magnitude of hazard if possible

#5: Public information and awareness

General Plan’s Connection to You Why it is important to the average Santa

County Clara citizen (constitution, blueprint for development/conservation)

Connecting the General Plan to local projects - consistency requirements

Community values - expresses key values, desired outcomes that are community driven

General Plan’s Connection to You -Vision and Desired Outcomes Managed urban growth and development Responsible resource conservation (e.g.:

hillside preservation) Environmental stewardship, restoration Livable communities, smart growth Social and economic well-being Efficient, effective service delivery (urban

services, health system, courts, social services)

Planning and Land Use Decisions Board of Supervisors (e.g.: GP amendments,

zone changes, subdivisions, appeals, etc.) Planning Commission (e.g.: Use Permits) Architecture & Site Approval Committee Zoning Administrator (e.g.:Design Review,

Variance, etc.) Staff (e.g.: single building site approval, grading

approvals, lot line adjustments, etc.)

Interaction With Other Agencies Other key County agencies (e.g.: Roads & Airports,

Environmental Health, Agriculture, Fire Marshall, etc.)

County engagement with Morgan Hill, San Jose and Gilroy (e.g.: HSR, Coyote Valley, HCP)

County engagement with LAFCO (e.g.: USA mods, island annexation, ag preservation)

State/regional agencies (e.g.: Sustainable Communities Strategy, RHNA, BAAQMD, SFRWQCB, CCRWQCB)

Public Engagement and Information Importance of citizen engagement - an “informed

citizenry” and balancing of perspectives Some elements to be considered:

Vibrant economies, tax base, service provisionUrban Growth Boundaries - tools for managing growthUrban needs and open space protectionRural services, impacts of rural development

Closing ThoughtsWatchword of the future…

‘Sustainability’Energy

EconomyEnvironment

EquityResilience / Adaptation

Bill Shoe, County of Santa Clara Principal Planner

Thank you!

18

Neelima Palacherla, Executive OfficerLocal Agency Formation Commission of Santa Clara County

The LAFCO Perspective

19

What is LAFCO?

Promote Logical Boundaries of Local Agencies

An independent, state-mandated local agency with a mission to:

Discourage Urban Sprawl Preserve Agricultural and Open Space Land Ensure Efficient Provision of Public Services

20

What does LAFCO do?

Extension of services outside agency boundaries

Boundary changes for special districts and cities:AnnexationsDetachmentsIncorporation / DisincorporationDissolution / Formation of districtsConsolidations & mergers of cities / districts Sphere of Influence and Urban Service Area Amendments

Activation of new services for districts

Regulatory Function

21

What does LAFCO do?

Work collaboratively on growth, preservation and service issues

Planning Function Conduct Service Reviews for service providers

within the County

Establish and prepare 5-year updates of Spheres of Influence for cities and special districts

Establish Urban Service Areas for cities

22

The Commission consists of:

Local Agency Formation Commission

Santa Clara LAFCO Composition

Two County Supervisors One Council Member from San Jose One Council Member from any other city One Public Member

23

Santa Clara LAFCO Funding & Staffing Funded jointly by cities and the County

Contracts out for legal counsel services

50% (County)

25% (San Jose)

25% (Cities)

Contracts with County for staffing and facilities

24

Role of LAFCO Executive Officer Direct and manage the LAFCO program Receive policy direction directly from Commission Represent Commission and serve as liaison Process proposals and prepare recommendations Develop policy for Commission consideration Conduct special studies / service reviews Implement Commission decisions Track state legislation and local agency policies

25

Framework in Which Decisions are Made at LAFCO

Local LAFCO Policies and ProceduresAdopted by LAFCO based on local conditions

and context

State LawThe Cortese Knox Hertzberg ActCEQA, Revenue & Tax Code

26

Local Agency Formation Commission

LAFCO Commissioners must exercise independent judgment and represent:

Which Hat to Wear?

the interest of the public as a whole in furthering the purposes of LAFCO

NOT solely the interest of their appointing authority

27

Interaction with Other Agencies Cities Special districts County departments: Planning, Assessor’s,

Surveyor’s, Controller’s, Recorder’s... Regional/ statewide organizations: ABAG,

CALAFCO, CSDA State Departments: State Board of Equalization,

Dept. of Public Health, Dept. of Conservation…

28

LAFCO’s Legal Standing / Authority LAFCOs are independent LAFCO’s decisions are final. Decisions cannot be appealed to other

administrative bodies Limited legal challenge as long as decision is not

arbitrary and capricious Do NOT have land use authority

29

Joint Urban Development Policies

Long-standing urban development policies between LAFCO, the 15 cities and the County:

Urban development should occur within cities County will not allow urban development in

the unincorporated areas Cities to adopt urban service areas to indicate

lands that they are willing and able to provide urban services and facilities to within the next five years

30

Urban Service Area (USA)

Jointly adopted by cities and LAFCO in 1972 & 1973

Amended over time through the LAFCO process

USAs are unique to Santa Clara County When LAFCO approves a USA expansion it is

in anticipation of annexation and development

Special legislation in CKH Act that allows Santa Clara County cities to annex land within their USA without LAFCO approval

31

Urban Service AreaUSA amendment requests can only come from Cities and LAFCO has special policies to help guide its consideration of these requests: Need for expansion, given the amount of

vacant land already within the city & USA and rate of absorption

Availability of services e.g. police, fire, sewer… Availability of adequate water supply Impact on agricultural & open space lands Fiscal impact on other local agencies Ability of school districts to provide school

facilities

32

SPHERE OF INFLUENCE

URBAN SERVICE AREA

CITY

CITY LIMITS

In Santa Clara County: State definition is relevant for special districts,

but not for cities For cities, the USA is the more critical

boundary for determining the location of urban development

Sphere of Influence (SOI)

33

Preserving Ag land

34

Preserving Ag land

Less than 39,000 acres of agricultural lands with high quality soils remain in Santa Clara County (that is less than 5% of total land within the county)

35

What’s Sprawl Got To Do With It?

Urban development, urban service area expansions and service extensions can disrupt the conditions necessary for agriculture leading to: Land use conflicts and

increasing calls for regulation Land speculation which drives

up the price of farmland Impermanence which causes

disinvestment in agriculture

36

What Can LAFCO Do?

Adopt policies and encourage other agencies to adopt policies aimed at mitigating the loss of agricultural lands

Help educate local agencies, organizations, and the community on the importance of agriculture

When approving proposals adjacent to agricultural lands, encourage local agencies to adopt measures to protect adjoining agricultural lands, to prevent their premature conversion and to minimize potential urban edge conflicts

When reviewing /commenting or preparing environmental documents, ensure thorough analysis of impacts to agriculture

Conversion of prime agricultural land should be a last resort and in some cases may not be appropriate

What Can You Do?

37

Participate in various levels of decision making process, even prior to LAFCO process• At city council / planning commission stage

• GP Amendment / Pre-zoning• CEQA analysis

Provide comments Attend meetings / public hearings

Contact LAFCO staff / commissioners, local elected officials

Request a community workshop / presentation on issue

38

For more information on LAFCO: www.santaclara.lafco.ca.gov

Neelima Palacherla (408) 299-5127

Neelima.palacherla@ceo.sccgov.org

Dunia Noel (408) 299-5148

Dunia.noel@ceo.sccgov.org

Leslie Little, City of Morgan Hill Assistant City Manager

The City Perspective

Role of Assistant City Manager for Community Development in Morgan Hill Direct activities of Planning, Building,

Housing, Redevelopment, Code Enforcement, Engineering and UtilitiesIn Planning – Long Range Planning, Current

Planning, Zoning and RDCS AdministrationAdvise CM; Make recs. to Planning Commission

and City councilRepresent City in regional Planning efforts, i.e.

HCP, High Speed Rail, RHNA, Sustainable Communities Strategy (one bay Area Plan)

Framework in Which Planning Decisions are Made in Morgan Hill

Federal, County & State regulations and Mandates

Morgan Hill’s General Plan and the Community Values expressed in the Plan

City Council, Planning Commission & City Staff and community input

Zoning and Building Codes

Planning Policy Basics

Last Comprehensive GP Update 2001 Housing Element 2010 Circulation Element 2009 DT Specific Plan 2009 Hist. Res. Code 2006 Cal Green Standards 2009 Upcoming Ag Policy

General Plan Key Goals Economic Development : Strong, stable , diverse economic base; adequate

jobs for locals; viable tourist industry Housing: Adequate supply of new housing and range of densities; available to

all income levels; Growth that matches service capacity and provides for affordable housing, RDCS

Thoughtful Capital Improvement Planning and infrastructure development Open Space/Conservation :Preservation or open space, ag. uses, Hillsides,

riparian, wildlife habitat; seek Greenbelt around City, help retail rural atmospheres as City grows; preserve cultural heritage

How the General Plan Shapes Morgan Hill

Provides framework for City’s future and guides decision-making for consistency with General Plan

Visioning process for comprehensive revision: Spring 2012

General Plan’s Connection to You The General Plan drives policy and decision making for most short

term and long term actions General Plan policies have result in open space acquisition

(El Toro), active and passive park development and location, facility development, infrastructure investment, policies regarding affordable housing, Downtown preservation and development, economic development activities, habitat conservation planning, water conservation, sustainability actions and planned housing growth

Land use decisions must make findings of consistency with the General Plan

Land Use Decisions in Morgan Hill From the General Plan, decisions are made or

influenced by:City Council Planning CommissionPlanning and Community Development staff including

Utilities, Engineering, Public Works, Building Rec and Parks, Roads, Police and County Fire ServicesOther City Commissions and committees

Interaction with Other Agencies In addition to local decision making, the city consults

with and participates in regional decision-making.Interact and comply with U.S. Army Corps of

Engineers, CALTRANS, VTA, Caltrain, MTC, Santa Clara County, LAFCO, SC County Water District, Association of Bay Area Governments, DTSC, State Finance Dept., State Controller, U.S. Housing and Urban Development, U.S. Census; San Jose , Gilroy, non- profit organizations and networks

Public Engagement

Morgan Hill is a progressive community, embracing its citizens and business community members in most major decisions in a way that goes beyond most: RDCS, Redevelopment amendment ballot

It is extraordinary in its commitment to community well-being – community facilities, infrastructure and affordable housing

MH values citizen engagement – Council priorities to broaden with commitment to diversity

Upcoming Activities

General Plan update Climate Action PlanDowntown development (PDA)Economic Development ActivitiesUrban Growth Boundaries (Urban Limit Line)High Speed RailCaltrain long range planning (service and

station development)Open Space/Conservation (Ag Policies )

QUESTION & ANSWER

Lunch Panel Presentation