Annexations as a Means to Preserve Open Space October 29, 2009

Open Space Definition GC Section 56059: Open space means any parcel or area of land or water which is substantially unimproved and devoted to open space uses as defined in Section GC Section 56059: Open space means any parcel or area of land or water which is substantially unimproved and devoted to open space uses as defined in Section GC Section 65560: open space for the preservation of natural resources, preservation of plant and animal life, habitat for fish and wildlife, forest, rangelands, agricultural, watersheds, rivers, etc. GC Section 65560: open space for the preservation of natural resources, preservation of plant and animal life, habitat for fish and wildlife, forest, rangelands, agricultural, watersheds, rivers, etc.

Factors to be considered by LAFCo GC Section 56377: Development should be guided away from prime agricultural lands in open-space use unless that action would not promote the planned, orderly, and efficient development of an area; GC Section 56377: Development should be guided away from prime agricultural lands in open-space use unless that action would not promote the planned, orderly, and efficient development of an area; Development of existing vacant and non-prime agricultural land within the existing jurisdiction or its sphere should be encouraged before approving a SOI Amendment Development of existing vacant and non-prime agricultural land within the existing jurisdiction or its sphere should be encouraged before approving a SOI Amendment

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

Overview of Sacramento County City issue/concern: Sacramento County promotes development in the unincorporated areas City issue/concern: Sacramento County promotes development in the unincorporated areas County Urban Services Boundary = de facto SOI County Urban Services Boundary = de facto SOI Cities SOI’s do not provide adequate assurance that County will not develop Cities SOI’s do not provide adequate assurance that County will not develop Cities have proposed large spheres to preserve open space Cities have proposed large spheres to preserve open space

Overview of Sacramento County Environmental community and city residents do not believe that cities will preserve open space or agricultural land Environmental community and city residents do not believe that cities will preserve open space or agricultural land Historically, landowner’s in an SOI presume they will be permitted to develop their property and should be precluded from doing so Historically, landowner’s in an SOI presume they will be permitted to develop their property and should be precluded from doing so Cities contend that they will do so given the pro development history of the County Cities contend that they will do so given the pro development history of the County

Overview of Sacramento County Spheres create the expectation that land will be urbanized and have increased property values for areas that located in a city sphere and for land adjacent to the Sphere Spheres create the expectation that land will be urbanized and have increased property values for areas that located in a city sphere and for land adjacent to the Sphere Increases the cost to mitigate and preserve ag and open space both within and outside SOI areas Increases the cost to mitigate and preserve ag and open space both within and outside SOI areas

FOLSOM SOI AREA El Dorado County Line White Rock Road Prairie City Road SOI AREA HWY 50 City of Folsom Folsom Annexation – South of Highway 50

City of Folsom SOI City of Folsom applied for an SOI Amendment for approximately 30,000 acres in 1990 City of Folsom applied for an SOI Amendment for approximately 30,000 acres in 1990 LAFCo approved a 3,500 acre SOI in 2000 LAFCo approved a 3,500 acre SOI in 2000 City did not propose to preserve open space in their Sphere application City did not propose to preserve open space in their Sphere application Sphere was non-prime ag (grazing land with oak woodlands) Sphere was non-prime ag (grazing land with oak woodlands) County LAFCo Commissioner wanted oak woodlands to be preserved County LAFCo Commissioner wanted oak woodlands to be preserved

Public comments and environmental analysis identified an area containing oak woodlands as a natural resource that should be protected Public comments and environmental analysis identified an area containing oak woodlands as a natural resource that should be protected LAFCo was able to require the City to preserve open space within the SOI area LAFCo was able to require the City to preserve open space within the SOI area

Cit of Folsom SOI Terms and Conditions City and County adopted an MOU for City of Folsom SOI City and County adopted an MOU for City of Folsom SOI LAFCo conditions SOI for City to comply with City/County MOU and mitigation measures set forth in SOI Final EIR LAFCo conditions SOI for City to comply with City/County MOU and mitigation measures set forth in SOI Final EIR Develop a habitat conservation plan, and Develop a habitat conservation plan, and Preserve oak woodlands located within SOI area Preserve oak woodlands located within SOI area Oak woodlands may be used to satisfy HCP requirements Oak woodlands may be used to satisfy HCP requirements

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

LAFCo Terms and Conditions City/County MOU-The city will dedicate a minimum of 30% natural open space (active or passive) that meets federal and state regulatory requirements and meets the city’s tree preservation, hillside, wetland, and riparian habitat management ordinances. City/County MOU-The city will dedicate a minimum of 30% natural open space (active or passive) that meets federal and state regulatory requirements and meets the city’s tree preservation, hillside, wetland, and riparian habitat management ordinances. Open Space shall not include golf courses, parking lots, or associated landscaping Open Space shall not include golf courses, parking lots, or associated landscaping

MOU Terms and Conditions City is required to zone the oak woodlands as open space preserve City is required to zone the oak woodlands as open space preserve Area will be dedicated: 1. easements or 2. acquired in fee Area will be dedicated: 1. easements or 2. acquired in fee Required to develop financing strategies and methods to maintain this area as an oak woodland preserve within the city urban area Required to develop financing strategies and methods to maintain this area as an oak woodland preserve within the city urban area

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

Open Space 1,046 acres and 30 percent of the plan

Parks 165 acres of parks and 5 percent of the plan – located adjacent to open space

Schools

Local Trails 18 miles of trails

City of Elk Grove Proposed SOI Case Example Case Example City of Elk Grove has proposed a Sphere of Influence to preserve open space and ag lands City of Elk Grove has proposed a Sphere of Influence to preserve open space and ag lands Application is pending Application is pending Has created controversy whether or not LAFCo should allow and promote a city’s ability to preserve ag and open space Has created controversy whether or not LAFCo should allow and promote a city’s ability to preserve ag and open space

Wilton Community

City of Elk Grove Sphere of Influence Proposal City of Elk Grove has submitted a proposed SOI that contains approximately 10,000 acres City of Elk Grove has submitted a proposed SOI that contains approximately 10,000 acres City is proposing that 2,000 acres are designated as open space and agricultural preservation (flood plain) City is proposing that 2,000 acres are designated as open space and agricultural preservation (flood plain) County and the adjacent Wilton community do not believe that the 2,000 acres should be included in the SOI or annexed County and the adjacent Wilton community do not believe that the 2,000 acres should be included in the SOI or annexed

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

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

City of Elk Grove City of Elk Grove is attempting to negotiate an MOU with the County to preserve this area City of Elk Grove is attempting to negotiate an MOU with the County to preserve this area The city has not developed General Plan Policies that will ensure that this area will be preserved The city has not developed General Plan Policies that will ensure that this area will be preserved Residents and the environmental community do not trust the City of Elk Grove Residents and the environmental community do not trust the City of Elk Grove City argues that it will be the better steward of open space than the County City argues that it will be the better steward of open space than the County

City of Elk Grove The city has refused to amend its SOI application to eliminate the flood plain area The city has refused to amend its SOI application to eliminate the flood plain area LAFCo is processing the application LAFCo is processing the application This issue is not yet resolved This issue is not yet resolved Commission has a number of alternatives to be considered: Commission has a number of alternatives to be considered: Amend the boundary and delete the flood plain area Amend the boundary and delete the flood plain area Approve the SOI that includes the floodplain Approve the SOI that includes the floodplain

City of Elk Grove If the SOI is approved to include the flood plain: If the SOI is approved to include the flood plain: Commission will have to condition the SOI to ensure that the area is protected in order to exclude any future development if it can do so Commission will have to condition the SOI to ensure that the area is protected in order to exclude any future development if it can do so