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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
Dunia Noel (408) 299-5148
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