Annexations as a Means Annexations as a Means to Preserve Open Spaceto Preserve Open Space

October 29, 2009October 29, 2009

Open Space DefinitionOpen Space Definition GC Section 56059: Open space means GC Section 56059: Open space means

any parcel or area of land or water any parcel or area of land or water which is substantially unimproved and which is substantially unimproved and devoted to open space uses as defined in devoted to open space uses as defined in Section 65560Section 65560

GC Section 65560: open space for the GC Section 65560: open space for the preservation of natural resources, preservation of natural resources, preservation of plant and animal life, preservation of plant and animal life, habitat for fish and wildlife, forest, habitat for fish and wildlife, forest, rangelands, agricultural, watersheds, rangelands, agricultural, watersheds, rivers, etc. rivers, etc.

Factors to be considered by Factors to be considered by LAFCoLAFCo

GC Section 56377: Development should GC Section 56377: Development should be guided away from prime agricultural be guided away from prime agricultural lands in open-space use unless that lands in open-space use unless that action would not promote the planned, action would not promote the planned, orderly, and efficient development of an orderly, and efficient development of an area;area;

Development of existing vacant and Development of existing vacant and non-prime agricultural land within the non-prime agricultural land within the existing jurisdiction or its sphere should existing jurisdiction or its sphere should be encouraged before approving a SOI be encouraged before approving a SOI AmendmentAmendment

LAFCo does not have land LAFCo does not have land use authorityuse authority

GC Section 56375: A commission GC Section 56375: A commission shall not impose any conditions that shall not impose any conditions that would directly regulate land use would directly regulate land use density or intensity, property density or intensity, property development, or subdivision development, or subdivision requirements. . . . The commission requirements. . . . The commission shall not specify how, or in what shall not specify how, or in what manner, the territory shall be manner, the territory shall be prezonedprezoned

Overview of Sacramento Overview of Sacramento CountyCounty

City issue/concern: Sacramento City issue/concern: Sacramento County promotes development in the County promotes development in the unincorporated areasunincorporated areas

County Urban Services Boundary = County Urban Services Boundary = de facto SOIde facto SOI

Cities SOI’s do not provide adequate Cities SOI’s do not provide adequate assurance that County will not assurance that County will not developdevelop

Cities have proposed large spheres to Cities have proposed large spheres to preserve open spacepreserve open space

Overview of Sacramento Overview of Sacramento CountyCounty

Environmental community and city Environmental community and city residents do not believe that cities will residents do not believe that cities will preserve open space or agricultural landpreserve open space or agricultural land

Historically, landowner’s in an SOI Historically, landowner’s in an SOI presume they will be permitted to presume they will be permitted to develop their property and should be develop their property and should be precluded from doing soprecluded from doing so

Cities contend that they will do so given Cities contend that they will do so given the pro development history of the the pro development history of the CountyCounty

Overview of Sacramento Overview of Sacramento CountyCounty

Spheres create the expectation that Spheres create the expectation that land will be urbanized and have land will be urbanized and have increased property values for areas increased property values for areas that located in a city sphere and for that located in a city sphere and for land adjacent to the Sphere land adjacent to the Sphere

Increases the cost to mitigate and Increases the cost to mitigate and preserve ag and open space both preserve ag and open space both within and outside SOI areaswithin and outside SOI areas

FOLSOM SOI AREAFOLSOM SOI AREA

El Dorado County Line

White Rock Road

Prairie City RoadSOI AREA

HWY 50

City of FolsomCity of Folsom

Folsom Annexation – South of Highway 50Folsom Annexation – South of Highway 50

City of Folsom SOICity of Folsom SOI City of Folsom applied for an SOI City of Folsom applied for an SOI

Amendment for approximately 30,000 Amendment for approximately 30,000 acres in 1990acres in 1990

LAFCo approved a 3,500 acre SOI in 2000LAFCo approved a 3,500 acre SOI in 2000 City did not propose to preserve open City did not propose to preserve open

space in their Sphere applicationspace in their Sphere application Sphere was non-prime ag (grazing land Sphere was non-prime ag (grazing land

with oak woodlands)with oak woodlands) County LAFCo Commissioner wanted oak County LAFCo Commissioner wanted oak

woodlands to be preservedwoodlands to be preserved

Public comments and environmental Public comments and environmental analysis identified an area analysis identified an area containing oak woodlands as a containing oak woodlands as a natural resource that should be natural resource that should be protectedprotected

LAFCo was able to require the City LAFCo was able to require the City to preserve open space within the to preserve open space within the SOI area SOI area

Cit of Folsom SOI Terms Cit of Folsom SOI Terms and Conditionsand Conditions

City and County adopted an MOU for City and County adopted an MOU for City of Folsom SOICity of Folsom SOI

LAFCo conditions SOI for City to comply LAFCo conditions SOI for City to comply with City/County MOU and mitigation with City/County MOU and mitigation measures set forth in SOI Final EIRmeasures set forth in SOI Final EIR

Develop a habitat conservation plan, and Develop a habitat conservation plan, and Preserve oak woodlands located within Preserve oak woodlands located within

SOI areaSOI area Oak woodlands may be used to satisfy Oak woodlands may be used to satisfy

HCP requirementsHCP requirements

LAFCo Terms and LAFCo Terms and Conditions Conditions

City of Folsom shall preserve City of Folsom shall preserve woodlands to prevent the loss of woodlands to prevent the loss of habitat and biological resources, habitat and biological resources, including setting aside a minimum of including setting aside a minimum of 30% of the SOI Area, approximately 30% of the SOI Area, approximately 1,075 acres, for permanent open space 1,075 acres, for permanent open space as defined by State law for the as defined by State law for the preservation of habitat for species and preservation of habitat for species and for conservation of agricultural land.for conservation of agricultural land.

LAFCo Terms and LAFCo Terms and Conditions Conditions

City/County MOU-The city will dedicate a City/County MOU-The city will dedicate a minimum of 30% natural open space minimum of 30% natural open space (active or passive) that meets federal and (active or passive) that meets federal and state regulatory requirements and meets state regulatory requirements and meets the city’s tree preservation, hillside, the city’s tree preservation, hillside, wetland, and riparian habitat wetland, and riparian habitat management ordinances. management ordinances.

Open Space shall not include golf Open Space shall not include golf courses, parking lots, or associated courses, parking lots, or associated landscapinglandscaping

MOU Terms and MOU Terms and Conditions Conditions

City is required to zone the oak City is required to zone the oak woodlands as open space preservewoodlands as open space preserve

Area will be dedicated: 1. Area will be dedicated: 1. easements or 2. acquired in fee easements or 2. acquired in fee

Required to develop financing Required to develop financing strategies and methods to maintain strategies and methods to maintain this area as an oak woodland this area as an oak woodland preserve within the city urban areapreserve within the city urban area

MOU Terms and MOU Terms and Conditions Conditions

Implementation requires the city to Implementation requires the city to adopt and implement as appropriate adopt and implement as appropriate any combination of the following: any combination of the following: open space protection tools such as open space protection tools such as General Plan policies, an open space General Plan policies, an open space bank, open space easements, bank, open space easements, developer dedications, grants, developer dedications, grants, transfer of development rights, and transfer of development rights, and zoning zoning

Open SpaceOpen Space1,046 acres and 30 percent of the plan1,046 acres and 30 percent of the plan

ParksParks165 acres of parks and 5 percent of the plan – 165 acres of parks and 5 percent of the plan –

located adjacent to open spacelocated adjacent to open space

SchoolsSchools

Local TrailsLocal Trails18 miles of trails18 miles of trails

City of Elk Grove City of Elk Grove Proposed SOIProposed SOI

Case ExampleCase Example City of Elk Grove has proposed a City of Elk Grove has proposed a

Sphere of Influence to preserve open Sphere of Influence to preserve open space and ag landsspace and ag lands

Application is pendingApplication is pending Has created controversy whether or Has created controversy whether or

not LAFCo should allow and promote not LAFCo should allow and promote a city’s ability to preserve ag and a city’s ability to preserve ag and open spaceopen space

Wilt

on

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unity

City of Elk Grove Sphere of City of Elk Grove Sphere of Influence ProposalInfluence Proposal

City of Elk Grove has submitted a City of Elk Grove has submitted a proposed SOI that contains proposed SOI that contains approximately 10,000 acresapproximately 10,000 acres

City is proposing that 2,000 acres are City is proposing that 2,000 acres are designated as open space and designated as open space and agricultural preservation (flood plain)agricultural preservation (flood plain)

County and the adjacent Wilton County and the adjacent Wilton community do not believe that the 2,000 community do not believe that the 2,000 acres should be included in the SOI or acres should be included in the SOI or annexedannexed

City of Elk GroveCity of Elk Grove

Wilton residents want a third party Wilton residents want a third party e.g. The Nature Conservancy to e.g. The Nature Conservancy to acquire fee or easements to ensure acquire fee or easements to ensure long term sustainability of open long term sustainability of open space and ag lands and that this space and ag lands and that this area should not be placed in the area should not be placed in the city’s SOIcity’s SOI

City of Elk GroveCity of Elk Grove

Sacramento LAFCo Commission is Sacramento LAFCo Commission is not supportive of the City proposal not supportive of the City proposal because the city has not provided because the city has not provided adequate assurance that the area adequate assurance that the area will be preserved as open space and will be preserved as open space and ag landsag lands

City of Elk GroveCity of Elk Grove City of Elk Grove is attempting to City of Elk Grove is attempting to

negotiate an MOU with the County to negotiate an MOU with the County to preserve this areapreserve this area

The city has not developed General Plan The city has not developed General Plan Policies that will ensure that this area Policies that will ensure that this area will be preservedwill be preserved

Residents and the environmental Residents and the environmental community do not trust the City of Elk community do not trust the City of Elk Grove Grove

City argues that it will be the better City argues that it will be the better steward of open space than the Countysteward of open space than the County

City of Elk GroveCity of Elk Grove

The city has refused to amend its SOI The city has refused to amend its SOI application to eliminate the flood plain application to eliminate the flood plain areaarea

LAFCo is processing the applicationLAFCo is processing the application This issue is not yet resolvedThis issue is not yet resolved Commission has a number of alternatives Commission has a number of alternatives

to be considered:to be considered: Amend the boundary and delete the flood Amend the boundary and delete the flood

plain areaplain area Approve the SOI that includes the floodplainApprove the SOI that includes the floodplain

City of Elk GroveCity of Elk Grove

If the SOI is approved to include the If the SOI is approved to include the flood plain:flood plain: Commission will have to condition the Commission will have to condition the

SOI to ensure that the area is protected SOI to ensure that the area is protected in order to exclude any future in order to exclude any future development if it can do sodevelopment if it can do so