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HomeMy WebLinkAboutItem 7.4 ProposedECntyAreaPlnRpt (2) . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 27, 1992 Report to the City Council on potential issues of concern with the proposed East County Area Plan. REPORT PREPARED BY: ~ Dennis Carrington, Senior Planner EXHIBITS ATTACHED: Exhibit A: ~ East County Area Plan Planning Commission Policy Options Report dated December 2, 1991. Exhibit B: ~ Draft letter to the President of the Alameda County Board of Supervisors. SUBJECT: Exhibit C:/ December 27, 1991, letter to the President of the Alameda County Board of Supervisors. RECOMMENDATION: ~ Receive Staff Report. Authorize Mayor to send draft letter (Exhibit B) to the President of the Alameda County Board of Supervisors expressing concerns with the proposed East County Policy Options Report. FINANCIAL STATEMENT: None DESCRIPTION: On December 23, 1991, the City Council authorized the Mayor to send a letter (Exhibit C) expressing concerns regarding the report and requesting a process where meaningful dialog and discussion can occur. At that meeting, Staff was directed to prepare a report on potential issues of concern with the East County Area Plan and a draft letter to the President of the Alameda County Board of Supervisors. Alameda County is proposing to completely revise the East County Area Plan. Additionally, the County is proposing a new Regional Element for County-wide land use planning and to revise the Open Space Element. The Regional Element would coordinate County land use and transportation policies in unincorporated areas and incorporated cities, and policies of subregional and regional agencies. The Alameda County Planning Staff proposed policy options for discussion by the Alameda County Planning Commission at its December 2, 1991, study session as shown on pages 3 through 10 of Exhibit A. These policy options would guide the preparation of the revised East County General Plan. At that study session the Planning Commission received and discussed the report. At the end of the meeting County Staff requested that the Report be presented to the City Council for discussion. County Staff is requesting feedback on the approach to each East County Policy Option. ---------------------------------------------------------------------- ITEM NO. ~ /ECOPLAN COPIES TO: Agenda/General File East County Plan File Project Planner o " ., ~ - staff has prepared a summary of the County's proposed policies, outlined issues of concern and made recommendations for each East County Policy option: Policy 1. subregional Planning. "Coordinate land use planning among cities, the County, special districts, and regional agencies using subregional objectives established in the East County Area Plan. The major objectives of the area plan are to manage growth, to promote compact communities, to achieve a jobs/housing balance, to equalize fiscal benefits, and preserve open space and environmental quality while accommodating economic development opportunities and necessary growth throughout the East county Region." 1. The County Staff Report says that the coordination of State, regional, and local land use planning is best achieved at the subregional level. The report states that "rather than having local planning regulated by a state or regional agency, the East county Area plan would provide a "bottom up" approach to regional planning which balances local control with regional objectives". This approach would not be acceptable to the City, as it would be "top down" from the City's point of view when regional policies, some of which could be unacceptable to the City, would be applied by the County to the City. Cities can work cooperatively toward regional goals without coordination by the county. An example is the Tri-Valley Affordable Housing Committee in which member jurisdictions are seeking to jointly provide affordable housing. 2. The East County Area Plan as proposed would establish criteria for land use planning based on City and County general plans, County programs such as the congestion Management Program, and standards set forth by regional and State agencies. Staff is concerned about how these policies would be established and what body would enforce them. Regional goals and policies should be established cooperatively by the cities with county participation. Once policies are adopted on regional issues, locally elected and appointed bodies should have jurisdiction over them. Policy 2. Growth Management. "Establish a 20 year holding capacity for East County and phase development according to availability of infrastructure and services and conformance with East county objectives". 1. A holding capacity approach to assure a jobs-housing balance and to assure that development does not exceed capacity of public services is proposed. Annual growth would be tied to the availability of facilities and services by means of Level of Service Standards. It is unclear how available capacity would be determined or allocated. The policy does not state how the Level of Service Standards would be determined. It does not state which body would make the allocation decision. The Dublin General Plan is not based on a holding capacity or level of service approach. It would be unacceptable that a revision to the Dublin General Plan be required to meet regional (County) standards. -2 - . 4\ 2 . It is proposed that the overall development of the East County subregion needs to be monitored and balanced. Furthermore, it is stated that the County, in cooperation with cities and districts , is the agency whose political boundaries best matches the East County subregion. It is not acceptable that the County "monitor and balance" overall development . It is the responsibility of the local jurisdictions to insure that the overall development of the East County subregion is balanced by monitoring their own actions based on legitimate and equitable regional policies . Policy 3 . Urban Service Line . "Establish a Growth Management Line to encompass a 20 year holding capacity and a permanent Urban Service Line beyond which only open space, park, and agricultural uses would be allowed" . 1 . A Growth Management Line would define the geographic area within which the East County holding capacity applies and would be drawn to include all areas intended for development within the 20 year period. The line could be amended if a new holding capacity is needed or if other unusual public benefits are provided. Criteria for amending the line would be included in the County General Plan. This is unacceptable to the City. Local jurisdictions should determine the location of the Growth Management Line ( if it is to be established) within their general plans , should determine the criteria for amending the line and should have the authority to change the location of the line . 2 . An Urban Services Line would define a permanent boundary between developed and non-developed land. Lands beyond the Urban Services Line would remain agricultural through incentive programs , conservation easements, and purchases by a land trust . It is claimed that the line would assure the provision of needed infrastructure and greater certainty for development and conservation. Staff feels that an Urban Services Line is not needed if a Growth Management Line based on levels of service is established. A Growth Management Line could just as easily assure provision of infrastructure, certainty of development and conservation. If such a line were to be established, local jurisdictions should determine its location within their general plans and should have the authority to amend the line. Policy 4 . Jobs/Housing Balance. "Provide an approximate balance between jobs and housing throughout East County, using the holding capacity established in Policy 2 . Provide mixed use neighborhoods, affordable housing near jobs, improved transit service, and other incentives to achieve a jobs/housing balance within the subregion. " 1 . The report indicates that a balance of jobs and housing is most functional at the subregional level within which most commuting occurs . Within East County one housing unit must be available to each employed resident minus the number of external workers . The balancing of jobs and housing is the responsibility of each jurisdiction. This is unacceptable to the City because serious jobs/housing imbalances could occur within a subregional area the size of East County if local -3 - control were to be relinquished. The Dublin General Plan and proposed developments in the extended planning area contain policies which ensure a jobs/housing balance. County policies should ensure a jobs/housing balance in unincorporated areas. . . policy 5. Fiscal Impacts. "Develop mechanisms to reduce the fiscal motive that currently drives land use and planning decisions throughout the subregion." 1. This policy states that inequities in the existing local tax structure have led to the "fiscalization" of land use whereby local jurisdictions compete for lucrative commercial development often at the expense of regional needs such as affordable housing. A cooperative program is proposed which would use a credit system to award jurisdictions which provide regionally beneficial uses and redistribute the tax benefits from those jurisdictions which continue to seek fiscally lucrative development. This policy would be unacceptable to the city because it could restrict jurisdictions which do not have sufficient revenue generating land uses from attaining their fair share. The addition of another level of bureaucracy to decide which jurisdiction has insufficient or sufficient revenue generating land uses and to redistribute revenues would be unacceptable. 2. It is stated that such a system of credits could distribute more equitably the benefits of growth and could generate the financial resources to provide improved levels of service to East County residents. It is unacceptable to the City to have the distribution of large amounts of locally generated revenues controlled by another jurisdiction. Inevitably, given the need for revenues, an inequitable distribution would occur as one jurisdiction with the authority to tax another enriches itself at the expense of another. Policy 6. Agriculture. "Minimum parcel sizes in agriculture and open space areas should be determined by terrain, access, agricultural productivity, recreational potential, and other factors. Minimum parcel sizes and allowable uses would vary by area ranging from 20 acres in intensively cultivated areas, to 100 acres for grazing lands, and larger acreage for sensitive open space areas." 1. The report states that 20 and 100 acre parcel sizes would be used to promote various types' of agricultural land uses. Who will decide which parcel size is appropriate for each type of agriculture? 2. It is indicated that natural resource factors such as topography, soils, etc., should be used to define agricultural areas rather than arbitrary acreage minimums. Aren't these two sub-goals contradictory? It is unclear what natural resource factors would be examined and how the many factors relating to agricultural productivity would be reconciled to arrive at a minimum parcel size. Policy 7. City/County Development. -4 - .' . "Provide cities with the first opportunity to annex unincorporated land and approve development. Allow development by the County in certain unincorporated areas, subject to specific level of service standards and special service districts. Future development should conform to all East County policies, regardless of whether development occurs in cities or in the County. Eventually, most urban areas likely will be annexed by cities." 1. The report states that cities generally have infrastructure and services in place to serve new development. It also states that unincorporated areas could, subject to level of service standards and special districts, provide service levels commensurate with those provided by cities. The provision by the County of urban levels of service is unacceptable to the City when, by definition, cities should provide urban levels of service. This policy conflicts with a major goal of LAFCO. LAFCO uses the ability to provide services to a given area as a means of determining suitability of that area for annexation to a city and encourages annexation in those circumstances. Any such area should be within a city and not remain in the County as it urbanizes, 2. It appears that the county intends to promote urban development in unincorporated areas. It would be unacceptable to the City for the county to be able to approve development within a city's sphere of influence even if that city denied the project or did not grant the developer all of the units or intensity of development requested. This is occurring in North Livermore in Alameda County and in the Dougherty Valley in contra Costa County. The potential for such conflicts between the City and County would increase were this policy to be implemented. 3. It is proposed that future development should conform to all East County policies, reqardless of whether development occurs in the cities or in the County. This policy would require the City to surrender land use approval authority to the County via the East County Area Plan policies. It is unacceptable to the City that this occur. The City must be responsible for ensuring that legitimate regional goals are met. An example is the participation by the City of Dublin in the Tri-Valley Affordable Housing committee. Policy 8. New Communities. "Allow new communities in specific areas, subject to level of service standards and service districts." 1. The report states that city general plans call for far more jobs than housing. That statement is incorrect. Cities in the East County area generally have enviable jobs/housing balances and have policies in their general plans requiring a jobs/housing balance. 2. The policy proposes that areas such as North Livermore which are logical development areas could have "city quality" levels of services. This is unacceptable to the City. The County should not provide "city quality" levels of services when cities can provide them. This policy could just as easily be applied to areas within Dublin's sphere of influence as it could be to North Livermore. -5 - 3. The policy provides that the new communities program would provide the urban, "infill" component of a comprehensive growth management strategy for East County according to the report. This is unacceptable. The provision of new communities is the responsibility of cities. County approval of new communities, especially with the opposition of nearby cities which would be negatively impacted, would lead to conflict between the county and cities, urban sprawl, negative impacts to agriculture and result in negative environmental impacts, especially with regard to traffic, sewage and water. New communities could upset the fiscal balance of the subregion (as promoted by Policy 5) by promoting revenue generating land uses in outlying areas when they should be located within existing cities as would occur in a true infill development program. . . In summary, the East County Area Plan Planning Commission Policy Options Report is flawed. It proposes policies which would encourage "top down" land use regulation, urban sprawl and taxation of other jurisdictions by the County. This would inevitably lead to conflict between the County and the cities. It is recommended that a program be established to revise the East County Area Plan. The program would consist of a series of meetings at the staff level and then the elected official level with representatives from the County and the cities attending. The purpose of the meetings would be the proposal of legitimate and equitable regional planning goals and polices that would be adopted and implemented by each jurisdiction on a cooperative basis. Staff would recommend that the City council authorize the Mayor to send a letter to the President of the Alameda County Board of Supervisors expressing the City's substantive concerns with the policies contained in the East County Area Plan Planning Commission Policy Options Report. The letter would request the establishment of a program to propose legitimate and equitable planning goals and policies that would be adopted and implemented by each jurisdiction on a cooperative basis. -6 - . . EAST COUNTY AREA PlAN pLANNING COM:MISSION POllCY OPTIONS REPORT December 2, 1991 SUM:MARY Introduction Alameda Courity has embarked on a process to update the entire County General Plan covering 743 square miles of incorporated and unincorporated land. Staff is proposing to restructure the existing General Plan into three Area Plans (East County, Eden, and Castro Valley) and a snmmary document containing all County~wide functional elements covering land use, circulation, housing, safety, conservation, open space, recreation, noise and other issues (see Figures 1 and 2). . The first step in the General Plan Update process will be a complete revision of the existing 1977 Livermore~Amador Valley Planning Unit Plan, the formulation of a new Regional Element for County-wide land use planning, and revisions to the existing Open Space Element (see Figure 3). The East County Area Plan will be reformatted into a concise, user friendly policy document which will provide policy guidance for all unin,corporated areas in. East County. The Regional Element will coordinate County land use and transportation policies among the three unincorporated planning areas, incorporated cities, and subregional and regional agencies such as the Alameda County Congestion Management Agency, the County Economic Development Commi'\Sion, the Bay Area Air Quality Management Agency, and the Metropolitan Transportation Commission. Revisions to the Open Space Element will clarify existing agriculture and open space designations in remote areas of East County. )he Poli~ Options Report This policy options report is the most recent product of the General Plan Update process. The report presents staff recommendations for eight major issues affecting East County. The policy options are presented in condensed form and will be expanded in the forthcoming East County Area Plan. In this report, staff has synthesized the most significant of the issues raised in the prior five issue papers and public hearings conducted over the past ten months. The County Planning Commis.sion requested the policy options report as a point or»departure for discussing and formulating key policies which affect the future development and conservation of East County. At the meeting of December 2, staff will be available to further expand on the policies contained in this report Planning Commissioners will comment on the effectiveness of the various policy options in guiding the future of East County. Following Planning <;ommission discussion of the attached policy options, staff will prepare a Draft East County Area Plan and accompanying Draft EIR by April 1992 for public review and comment. .1. tL.l-- A., . .. The East County Subre~onal Apyroach . The central approach behind the East County Area Plan and Regional Element is the coordination of land use pl:mning throughout the East County subregion. The intent of the Plan is to bridge the gap between incorporated City General Plans, County proposals for unincorporated areas, and regional policies which affect land use and transportation planning by local jurisdictions. The recommended policies are intended to m~n~ee growth at the subregional level, to promote economic development, to reduce inter--city traffic congestion, to provide affordable housing near employment centers, to develop compact communities with a full range of public facilities, and to preserve open space, agriculture and environmental quality while accommodating necessary growth in the subregion. In order to fulfill these subregional objectives, Alameda County is proposing to take a leadershi role in coor(Hn~tiillanause-laIiri:iiiO"namonO" citie--s"-eC:i:il-diSfrictS-aild ie ....oiia1 p_.__.. ________._u g_...__.____..P...---..o...----.o s, P ,g:J. agencies. A cooperative effort among local cities and agencies 'is-proposed -'fo tirovidea "bottom up" approach to subregional planning as an alternative to the "top down" approach proposed by recent State legislation and the regional approach proposed by the Bay Vision 2020 Corrimission.. If the County and cities take a proactive role in developing a workable plan which achieves State and regional obje.ctives for growth management, jobs/housing balance, affordable housing, open space preservation, and fiscal balance, State and regional dictates may become unnecessary. East County could become a model for cooperative planning at the subreltionalleveL This is the goal of the East County Area Plan. (cL -p:opcica.l.Z2) -2- .. = == ;. .. ~ ~ .. ;. ~ == .. ~ ,.. ~ ~ ~ .. = ~ ~ = ... = ~ ~ =- ~- == ~ .- ~ ~ = ~ ... = ... == ~ ~ ~ ~ = ~ rIJ. = .. ~ = ~ e == =- 00 ~ ~ ~ ~ ~ ~ )??oo( ~ U ~ ..... 5 8 ~ fij 8 Cl: ~ l:I) == 8 ~ == o .- ~ 5 ~. ~ ~ 5 E .~ ~ E 0 ~ s ~ ~ ~ "'; I:.t) ca - c:::: c ::..... Cl: 0 .- ..... '"' ~ ~ E 'eo 0 '1; z ~ :t: tf1 . . . . ~ ~ ~ ~ -< ~ . . - .... ..s l::l.., l:l ~ e::: ~. 4) 6 ~ '0 .5 1 ~ '.;:1 ~ c..'O o .... ~ cB =5 ~ ~ .... f1.l -= = 0 23 'E c .- 4) 13 5 - <<I o "'0 e-~ .s ~ = 0 "'0 U c:::: ~ e :: - ~ .~ -lc ;;;...~ ~ ;- = ~ '. ~ 0= e = - u ~ o - ~ g. '2 ~ ] c:::: ~ ~.9 ... 0 3 8"'OR~~ c:::: ...,.- r;; ~ ~.!:: ZO f1.l ::: -.l U _ t5 ...... ..:: <..:l e::: \,l ~ .0 = cd = ~ 10 ::: > 40j o 0 <.; U .t:1 d ~ CIl 10 en c::: ~ co:: U ~ . . . ... .... '- GeTll!1'al Plan Form.a1 Options Rep_ . RECOrvIMENDED FORLvtAT Based- on a review of the fonnat options presented in the previous 'section and discussion with COWlty staff, the Consulta.J:l! recommends the following format for the revised Alameda County General Plan: 1. Prepare and adopt four countywide functional elements: 1) Regional Element: 2) Housing EleIpent 3) Natural Resources, Recreation, and Open Space Element; and 4) Safety and Noise Element (see Appendix B for a pro.posed outline). 'IJ1e land use and t::ranSpOrtation portions of the Regional Element and the noise portion of the Safety and Noise Elemel1t would be very general in scope and would be substantially supplemented by more detailed. are:l plans for unincorporated are3.S. 'The Housing Element. the Narural Resources, Recreation and Open Space Element. and the Safety and Noise Element would be more detailed in scope and would be supplemented to only a limited degree by area plans for unincorporated are3.S. (It should be noted that the County is currently preparing an Energy Element. Up:m adoption the Energy Elememmay eonsitute a fifth functional element or it may be folded into the Naroral Resouces. Recreation. and Open Space Element.) 2. Prepare ~d adopt area plans for uninc~rporated areas only. Countywide functional plans would address both incorporated and unincorporated ~3.S. Area plans would be prepared for the following three unincorporated areas: Eden Area. Castro Valley. and East County. Area plans' for unincorporated are:l.S should focus principally on land use. transpOrtation. public facilities and services. noise. and iSsues that are unique to the Pla.rming Area (see Appendix C for a pro~osed outline). This approach will necessitate adjusting the existing geographic ele::nent 1::oundaries in existing plans to ensure that all unincorporated territory in the county is included in one of the three are:!. plans. The existing General Plan for the Central Merropolitan. Eden. and Washington Planning Unirs would be eliminated. 3. Segregate policy and bac.1.cground infonnation in Coth the countyWide functional elements and the area plans. All General Plan documents should include an introduction. policy section. and background section. Tills will help clarify the distinction between what is adopted policy from what is purely descriptive of existing conditions arid tre~ds. 4. Use three levels of policy starements: "goals." "~olicies:' and "implementation programs," Gene:-al Plan documents would include a single goal ~ta!eme~t for each major issue addressed in the document Under each goal there would be several "policies" (e.g.. 5 to 20). Implementation progruns would be groufed either' under e3.ch goal statement following the list of policies or at the end of the elemenrs. Implementation programs shculd include a description of the proposed action and an idemi.fieation of the agency or agencies responsible for c:.urying out the program. 5. Develop a single set of land use c:ltegories and a single set of functional classific:loons for streets :md. roads to be used in the area plans. \ ' 6. Use a loose le3i. binder format for publicJtion of all ~e General Plan documents. Source: J. Laurence Mintier & Associates Figure .2 'CIJ. 'CIJ. .. - = == ;. ~ = . ~ . ,... .. == ~ .. =- ~ == .. ~ .- ~ .. == ~ . . ~ .... = "= =- .- .~ ~ a = ~ .... ~ = .. il\1~ I tlll~ ~. s ~ ~. a ~ ~ ~ ~ ~ e ~ = ~ ~ i~ll~ll\l ;~ll~llll 0. .~..)oool. Oc.:l. .~.. ~. ~ ~ ~ ~ ~ ~ + ~ ~ .. )01 ~ tJll\ ~ + .. ~ ..... T;IJ. ~ ~ ~ < ~ ~ > E-l ~ = o oS ~~ll~ll!ll ~o..~...5. · i III ~. ~ S E t.Q ~ ... ~ .. .. . . EAST coUNTY AREA pLAN PLANNING COMMISSION POllCY OPTIONS December 2, 1991 . ~.~'!dtu!I"I'~'~'1~. f~1.'1f81.~11t~1l6fi~1~if6l1i Poll" 1: Subre~onal Pl~nnin~ Option A: Coordinate land use planning among cities, the County, special districts, and regio~ agencies using subregional objectives established in the East County Area Plan. Major objectives of the Area Plan are to manage growth, to promote compact communities, to achieve a jobs/housing balance, to equalize fiscal benefits, and to preserve open space and environmental quality while accommodating economic development opportunities and necessary growth throughout the East County subregion. Option B: Coordinate land use planning at the State and regional level. Option C: Maintain existing system of exclusive local control over land use planning with non-binding review by impacted jurisdictions. Fo1i~ 1: Subre~ona1 Pl~nnin~ Major revisions to California law are contemplated to coordinate land use planning among State, regional, and local agencies.(l) This coordination is best achieved at the subregional level. Rather than having local planning regulated by a State or regional agency, the East County Area Plan would provide a "bottom up" approach to regional planning which balances local control with regional objectives. The East County General Plan would provide a mechanism to coordinate local land use planning, to achieve regional objectives (such as affordable housing and environmental quality), and to equitably distribute the costs and benefits of future development and conservation among local jurisdictions. (2) To achieve these objectives, the East County Area Plan would establish criteria for land use planning using standards established by cities (e.g. General Plans), the County (e.g. Congestion Management Program), regional agencies (e.g. regional housing allocations), and the State (e.g. forthcoming growth managementelegislation). Coordination of land use, economic, and social service planning at the subregional level would bridge the gap between the existing system of exclusive local control and proposed systems of State and regional control. .3- . . policy 2: Growth Manaeement Poli~ 2: Growth Manaeement Option A; Establish a 20 year holding capacity tor East County and phase development according to availability oC infrastructure and services and cnnformance with East County objectives. Option B: Phase growth in an orderly manner. (1977 Livermore Amador Valley Planning Unit (LA VPU) General Plan, p. 12, Objective 1) Option ~: Existing communities should sefV"~ as nuclei for growth. Land uses should be located in appropriate areas. (1989 lA VPU as adopted by the Planning Commission (PC), p. ITLA.-8, Principle 12, 1.3) Option D: Regulate the annual number of housing units and Industrial, . Commercial and Office square footage for unincorporated and/or incorporated areas. A specific holding capacity for jobs and housing units can best achieve a balance among land uses in East County and a limit to urban development within the pl::lnning period. Holding capacities currently are used by cities to balance jobs and housing, size infrastructure, and meet local objectives.(3) A County-wide . holding capacity would serve to coordinate the amount and distribution of development among cities and the County at a subregional level. Tying annual growth to the availability of facilities and services provides the most logical nexus for growth limits while allowing market forces to operate. Level of service standards provide a rational approach to phasing growth, rather than arbitrary numerical limits. The City of Pleasanton currently uses a level of service approach in determining annual growth limits. Coordinating annual growth among cities and the County would ensure adequate infrastructure capacity (water, sewer) and services levels (police, fire) at a subregional level in addition to a 10ca1level.( 4) The overall development of the East County subregion needs to be monitored and balanced. (5) The County, in cooperation with cities and districts, is the agency whose political boundaries best matches the East County subregion. -4- '. . Poli~ 3: Urban Service T -ine Policy 3: Urban Service line Option A: Establish a Growth Management Line to enrompass a 20 year holding capacity and a permanent Urban Service Line beyond which only open space, park, and agricultural uses will be allowed.. Option B: Use only a temporary, 20 year Growth Management line which can be amended. Option C: Use only a permanent Urban Service Line which cannot be amended. Option D: Determine the appropriateness of converting agricultural and open space landS to urban uses on a case.by-case basis, without a temporary or permanent geographic boundary. A Growth Man.agement line would define the geographic area within which the East County holding capacity applies. It should be drawn to include all areas intended for development within the 20 year period. The Growth Management line could be revised if a new holding capacity is needed or if other unusual public benefits are provided. Criteria for amending the Une would be included in the General Plan. East County cities have successfully used a de facto growth management line in the form of General Plan boundaries. These boundaries are used by cities to balance land uses and to size infrastructure at a loca1level. An East County Growth Management Line would encourage coordinated land use planning among cities and the County at a subregional level. The Urban Service Line would define a permanent boundary between developed and non..<feveloped land. Land outside this line should be targeted for permanent preservation using agricultural incentives, conservation easements, and I land purchases by an East County Land Trust. All land outside the Urban Service Line would be given a viable economic use and/or a financial incentive to dedicate the land for public use. The Urban Service line would provide assurances for the provision of needed infrastructure and greater certainty for development and conservation. ( 6) -5. . . Policy 4: Jobs/Housin~ Balance Policy 4: Jobs/Housin~ Balance Option A:. Provide an approximate balance between jobs and housing throughout East County, using the holding capacity established in Policy 2. Provide mixed use neighborhoods, affordable housing near jobs, improved transit service, and other incentives to achieve a jobsjhousing balance within the subregion. Option B: Achieve a better balance between commercial/industrial uses and residential uses (1977 LAVPU, p. 13, Objective 2) . Option C: Provide sufficient land to allow an approximate balance between jobs and employment. (1989 PC lAVPU, p. illA- 7, Principle 1.1) Option D: Allow whatever ratio of jobs and housing is provided in the cumulative holding capacities of cities' general plans. A balance of jobs and housing is most functional at the subregional level within which most commuting occurs. Within East County, one housing unit should be available to each employed resident minus the number of external workers who can realistically commute into the area on major roads and transit, given projected capacity constraints.(7) East County cities have successfully used jobs/housing policies to balance development at the local level. However, serious imbalances are projected for cuniulative buildout of city general plans resulting in constraints to economic development, tax revenues, infrastructure and services. (8) (9) Studies have indicated that city's plans for revenue producing land uses cannot be realized without a more balanced provision of affordable housing to attract a local workforce.(lO) The East County subregion is the logical area within which to coordinate city and County plans for jobs and housing. -6- . ) , )-' r' ( {" -- \. ,;--- '.j ~~...:,.. . . Policy 5: Fiscal Im:pacts Policy 5: Fiscal Impacts Option A: Develop mechanisms to reduce the fiscal motive that currently drives land use and planning decisions throughout the subregion. Option B: Rely on a forthcoming formula for redistribution of tax revenue to be established by State or regional agencies. Option C: Maintain existing fiscal costs and benefits of land use decisions. Inequities in the existing local tax structure have led to the "fiscalization" of land use whereby local jurisdictions compete for lucrative commercial development often at the expense of regional needs such as affordable . housing.(ll) A new approach is needed to equalize the fiscal costs and benefits of development Recent studies have recommended a credit system to award jurisdictions which provide regionally beneficial uses and redistribute the tax benefits from those jurisdictions which continue to seek fiscally lucrative development.(12) A similar system could be cooperatively developed by East County jurisdictions to reduce fiscal inequities. Credits could also be transferred within the subregion, as long as regional objectives were met. This concept is being explored at the State level as a means to redistribute sales taxes. Such a system could distribute more equitably the benefits of growth and could generate the financial resources to provide improved levels of service to East County residents. -7- . . ~licy 6: A~culture Polky 6: A~culture Option k Minimum parcel sizes. in agriculture and open space areas should be determined by terrain, acress, agricultural productivity, recreational potential, and other factors. Minimum parcel sizes and allowable uses would vary by area ranging from 20 acres in intensively cultivated areas, to 100 acres for grazing lands, and larger acreage for sensitive open space areas. Option B: Preserve agriculture in undeveloped areas of Oass I and II soils (1977 LA. VPU, p. 20, Objective 10) Option C: Designate areas more than 5 mile~ from city limits and more than one inile from public roads. as "Large Parcel Agriculture" using 80 acre parcels. Encourage intensive agriculture within five miles of city limits and within one mile of public roads using 20 acre minimal parcels (1989 PC LA. VPU, p. illA-12, Principle 22) Option D: Designate areas more than 5 miles from city limits and more than one mile from public roads as "Large Parcel Agriculture" using 160 acre parcels. Encourage intensive agriculture wiiliin five miles of city limits and within one mile of public roads using 40 acre minimal parcels (1989 LA VPU, as proposed by Supervisor King and adopted by the Board of Supervisors p. ill.A-12, Principle 22) Large parcels of land tend to reduce development pressures, maintain land values, and enable agricultural activities. The 100 acre minimum parcel size is the standard existing wning designation and best matches the irregular parcels in remote areas which are often defined by topography, soils, and other non-linear features. Parcel sizes and use restrictions may vary from area to area (e.g. 20 acre minimums for vineyards, 100 acre minimums for grazing, larger minimums for sensitive open space areas).(13) The use of a 100 acre minimum parcel size has been proposed as base zoning in the South Uvermore area with 20 acre minimums for areas which are planted in vineyards and which dedicate agricultural easements.(14) A similar system of 100+ acre base zoning with smaller lot incentives for regionally beneficial uses could be applied throughout East County. Parcel sizes and allowable uses should be defined to promote the economic advantages of various subareas (such as wine growing in South Uvermore) rather than establishing uniform distances which tend to be arbitrary and ignore local variations in topography, soils, etc. These natural resource factors should be used to define the boundary between Agricultural and Residential uses. .8- . . Po1i0' 7: City/County Development Policy 7: City/County Development Option k Provide cities with the first opportunity to annex unincorporated land and approve development. Allow _ development by the County in certain . unincorporated areas, subject to spedfic level ot service standards and special service districts. Future development should conform to all East County policies, regardless or whether development occurs in cities or in the COWlty. Eventually, most urban areas likely will be annexed by cities. Option B: All urban development shall be within incorporated areas. Discourage new'special districts (1977 LA VPU, p. 15, Objective 3) Option C: Unincorporated areas should be largely open space except within planned urban areas which have adequate services and utilities (1989 PC LA VPU, p. ID.A-ll, Principle 2.1) Cities generally have infrastructure and services in place to serve new development. However, certain unincorporated areas which are logical for development and which would contribute to East County objectives may require special service districts outside City limits. Level of service standards for unincorporated development should be established to match that of city services, thereby allowing development in whatever jurisdiction is best able to provide services and meet East County objectives. Existing unincorporated areas elsewhere in California have .successfully provided unincorporated service levels commensurate with those provided by cities. ~9- . . Policy 8: New Communities Policy 8: New Communities Option A: Allow new communities in specific areas, subject to level of service standards and service distri,cts. Option B: All urban development shall be within incorporated areas. Discourage new special districts (1977 LA VPU, p. 15, Objective 3) Option C: Unincorporated areas should be largely open space except within planned urban areas which have adequate services and utilities (1989 PC lA VPU, p. ill.A-ll, Principle 2.1) City general plans call for far more jobs than housing, a condition which effectively constrains economic development and creates fiscal inequities in land use planning. Certain unincorporated areas., such as North Uvermore, are logical for urban development (because of good access, relatively flat terrain, and minimal environmental constraints) but lack existing facilities and services. New special districts could be easily created to provide "city qualityll levels of service in certain unincorporated areas. A new community within East County would contribute to a balance of jobs and housing, would promote additional affordable housing for workers, and would serve to contain holding capacity in urban areas, thereby preserving more remote areas in open space and agriculture. The new communities program would provide the urban, "infillll component of a comprehensive growth management strategy for East County which would include a holding capacity limit, Urban Service line, jobs/housing balance, affordable housing strategies, revenue sharing, and revised level of service standards for new development. ( cl:pcoption.l.Z2) -10- . . FOOTNOTES 1. Center for California Studies, A Briefin~ on tbe Growth Mana~ement Consensus Project before the California State Le~slature. October 31, 1991 2. Alameda County, Issue Paper #5. pages 7 - 9 3. Governors Interagency Council on Growth Management, 1991 Local Government Growth Mana~ement Survey. September 1991 4. Alameda County, Issue Paper #4. page 20 5. Alameda County, Issue Paper #5. pages 6 - 9 6. Governor's Interagency Council on Growth Management, 1991 Local Govemmem: Growth Mana~ement Survey. page 3 7. Alameda County, l~sue Paper #5. .pages 4 . 11 8~ Ec(;momic and Planning Systems, Growth Inducin~ Im~acts Analysis of Tn-Vallev Wastewater Authority Ex,port Expansion. 1990. 9. ABAG, Jobs/Housin~ Balance for Traffic Miti~ation. 1985 10. Bay Area Council/ ABAG, A Consensus For Housin~: The Opportunities Posed Bv Re~ona1 Growth Mana~ement in the Bav Area. September 1991 11. Alameda County, Issue Paper #4. pages 23 .25 12. Bay Area Council/ ABAG, A Consensus For Housin~: The Opportunities Posed Bv Re~ona1 Growth Mana~ement in the Bay Area.. September 1991 13. Alameda County, Issue Paper #2. page 9 14. Alameda County, South Uverrnore Valley Area Plan. March 7, 1991 ( cL-pcoption..l.Z2) .11- '<'. '...._ r.~.<<;/ 1 ~ ~'/J ~~I'~~~~~" \\~\ l<)~ ~ f:;2 --_.--~:,>~ !!JI; ,J 1 r. -,-- ." \, .... '. !F, ,\.~~., . . CITY OF DUBLIN . PO Box 2340. Dublin. Caliiornia 94568 . City Offices. 100 CivIc Plaza. Dublin. Call1er'- c, ~J4568 January 27, 1992 President Mary King Alameda County Board of Supervisors 1221 Oak Street, suite 536 Oakland, CA 94612 DRAFT SUBJECT: East County Area Plan Planning Commission Policy Options Report. Dear President King: The City of Dublin has reviewed the East County Area Plan Planning Commission Policy Options Report dated December 2, 1991. The report outlines eight proposed policy options. As stated in my December 27, 1991 letter, the City recognizes the regional importance of these issues and is more than willing to work cooperatively toward solutions. At this time, the City has several substantive concerns with the policies proposed in the report: policy 1. Subregional Planning. The report states that "rather than having local planning regulated by a State or regional agency, the East County Area Plan would provide a "bottom up" approach to regional planning which balances local control with regional objectives". This approach would not be acceptable to the City of Dublin because it would be "top down" from the City's point of view when regional policies, some of which could be unacceptable to the City, would be applied by the County to the City. Cities can work cooperatively toward regional goals without coordination by the County. An example is the Tri-Valley Affordable Housing Committee in which member jurisdictions are seeking to jointly provide affordable housing. The East County Area Plan would establish criteria for land use planning based on City and County general plans, County programs such as the Congestion Management Program, and standards set forth by regional and State agencies. The City is concerned about how these policies would be established and what body would enforce them. Regional goals and policies should be established cooperatively by the cities with county participation. Once policies are adopted on regional issues, locally elected and appointed bodies should have jurisdiction over them. Policy 2. Growth Management. Annual growth would be tied to the availability of facilities and services by means of Level of Service Standards. It is unclear how available capacity would be determined or allocated. It would be Administration (415) 833.6650 . City Council (415) 833-6605 . Finance (415) 833-6640 . Builc;ilnr> I"rn~~';~- ",~, M~ ~~M Code Enforcerne_nt (415) 833-66200 Englneenng (415) 833-6630 0 Plannin\ EXHIBIT B Police (415) 833-6670 0 Pub!lc Works (415) 833-6630 0 Recreation (415) I" ~~ . . unacceptable that a revision to the Dublin General Plan be required to meet county standards. It is proposed that the overall development of the East County subregion needs to be monitored and balanced. It is stated that the County, in cooperation with cities and districts, is the agency whose political boundaries best matches the East County subregion. It is not acceptable that the County "monitor and balance" overall development. It is the responsibility of the local jurisdictions to insure that the overall development of the East County subregion is balanced by monitoring their own actions based on legitimate and equitable regional policies. The City of Dublin is accepting its regional and subregional responsibilities through voluntary cooperative programs such as the Tri-Valley Transportation Council. Policy 3. Growth Management Line/Urban Service Line. A Growth Management Line is proposed which would define the geographic area within which the East County holding capacity applies and would be drawn to include all areas intended for development within the 20 year period. For the County to unilaterally adopt a Growth Management Line is unacceptable to the City. Local jurisdictions should determine the location of the Growth Management Line (if it is to be established) within their general plans, should determine the criteria for amending the line and should have the ability to change the location of the line. An Urban Services Line is proposed which would define a permanent boundary between developed and non-developed land. An Urban Services Line is not needed if a Growth Management Line based on levels of service is established. A Growth Management Line could just as easily assure provision of infrastructure, certainty of development and conservation. If such a line were to be established, local jurisdictions should determine its location within their general plans and should have the authority to-amend the line. Policy 4. Jobs/Housing Balance. The report provides for jobs/housing balance throughout East County using the growth management holding capacities to be established in the East County Plan. As previously stated, this would be unacceptable to the City. The Dublin General Plan and proposed developments in the extended planning area contain policies which ensure a jobs/housing balance. County policies should ensure a jobs/housing balance in unincorporated areas. Policy 5. Fiscal Impacts. A cooperative program is proposed which would use a credit system to award jurisdictions which provide regionally beneficial uses and - 2 - . . redistribute the tax benefits from those jurisdictions which continue to seek fiscally lucrative development. This policy would be unacceptable to the city because it could restrict jurisdictions which do not have sufficient revenue generating land uses from attaining their fair share. The addition of another level of bureaucracy to decide which jurisdiction has insufficient or sufficient revenue generating land uses and to redistribute revenues would be unacceptable. It is stated that such a system of credits could distribute more equitably the benefits of growth and could generate the financial resources to provide improved levels of service to East County residents. It is unacceptable to the City to have the distribution of locally generated revenues controlled by another jurisdiction. Policy 6. Agriculture. The report states that 20 and 100 acre parcel sizes would be used to promote various types of agricultural land uses. It is indicated that natural resource factors such as topography, soils, etc., should be used to define agricultural areas rather than arbitrary acreage minimums. It is unclear what natural resource factors would be examined and how the many factors relating to agricultural productivity would be reconciled to arrive at a minimum parcel size. Policy 7. City/County Development. The report states that unincorporated areas could, subject to level of service standards and special districts, provide service levels commensurate with those provided by cities. The provision by the County of urban levels of service is unacceptable to the City when, by definition, cities should provide urban levels of service. This policy conflicts with a major goal of LAFCO. LAFCO uses the ability to provide services to a given area as a means of determining suitability of that area for annexation to a city and encourages annexation in those circumstances. Any such area should be within a city and not remain in the County as it urbanizes. It appears that the County intends to promote urban development in unincorporated areas. It would be unacceptable to the City for the County to approve development within a city's sphere of influence even if that city denied the project or did not grant the developer all of the units or intensity of development requested. This is occurring in North Livermore in Alameda County and in the Dougherty Valley in Contra Costa County. The potential for such conflicts between the City and County would increase were this policy to be implemented. The policy proposes that future development should conform to all East county policies, reqardless of whether development occurs in the cities or in the County. This policy would require the City to surrender land use approval authority to the County via the East County Area Plan policies. It is unacceptable to the City that this - 3 - . . occur. The City must maintain responsibility and accountability for land uses occurring within its boundaries. policy 8. New Communities. The policy provides that the new communities program would provide the urban, "infill" component of a comprehensive growth management strategy for East County. This is unacceptable. The provision of new communities is the responsibility of cities. County approval of new communities, especially with the opposition of nearby cities which would be negatively impacted, would lead to conflict between the County and cities, urban sprawl, and negative impacts to items such as agriculture, traffic, sewage and water. In summary, the East County Area Plan Planning Commission policy Options Report is seriously flawed. It proposes policies which would encourage "top down" land use regulation, urban sprawl and taxation of other jurisdictions by the County. This would inevitably lead to conflict between the County and the cities. It is recommended that a program be established to revise the East County Area Plan. The program would consist of a series of meetings at the staff level and then the elected official level with representatives from the County and the cities attending. The purpose of the meetings would be the proposal of legitimate and equitable regional planning goals and polices that would be adopted and implemented by each jurisdiction on a cooperative basis. If you have any questions, please contact Dennis Carrington, Senior Planner, or me at 833-6610. Sincerely yours, Peter W. Snyder, Mayor City of Dublin cc: Cathy Brown, Mayor, City of Livermore Ken Mercer, Mayor, City of Pleasanton Adolph Martinelli, Planning Director, Alameda County Chandler Lee, Planning Consultant /KINGLET2 - 4 - , ...-~--~- .~.... ..... I .1(/_'_ /,',\ "/~-_. ", .1/', . /" '/ '<<i:' I '-I ~. '\ \ IIIII~ I ~\\~\\ \lll(~ ~j~'21 ---~~.' .~/~p 1:.1/1035::: . CITY OF DUBLIN . Po. Box 2340, Dublin, California 94568 . City Offices, 100 Civic Plaza, Dublin, California 94568 December 27, 1991 President Mary King Alameda County Board of Supervisors 1221 Oak Street, suite 536 Oakland, CA 94612 SUBJECT: East County Area Plan Update Dear President King: The City of Dublin has received a copy of the East County Area Plan Planning Commission Policy Options Report dated December 2, 1991. The report outlines eight proposed policy options for subregional planning, growth management, urban service line, jobs/housing balance, fiscal impacts, agriculture, city/county development and new communities. These policies are to be included in an updated East County General Plan. The City is addressing these and other issues in amendments to its General Plan and in the review of large development proposals in western and eastern Dublin. The regional importance of the above mentioned issues is clear and the City is more than willing to work cooperatively toward solutions. The City is currently reviewing the land use policy issues proposed in the report. At this time, the City has several concerns with the process proposed for preparing the East County Area Plan: 1. The report was delivered to the City on November 27, 1991. (the day before Thanksgiving) for review before the study session on December 2, 1991, the following Monday. The lateness of delivery allowed no time for adequate review of the report. 2. At the study session, no input was allowed from interested parties including representatives from the local cities. 3. The report does not adequately explain the reasons for the policies set torth in the report or describe their consequences and means of implementation. 4. Several policies are proposed that could greatly limit the ability of the City to make land use decisions within the City's Sphere of Influence and future growth areas. 5. The report states that a "cooperative effort among local cities and agencies is proposed to provide a "bottom up" approach to subregional planning as an alternative to the "top down" approach proposed by recent State legislation and the regional approach proposed by the Bay Vision 2020 Commission". The letter from Adolph Martinelli dated December 11, 1991 indicates only three opportunities Administration (510) 833-6650. City Council (510) 833-6605. Finance (510) 833-6640. Buil( EXHIBIT C Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 . Plannir Police (510) 833-6670 · Public Works (510) 833-6630 · Recreation (5' -. . . to provide city input and in each case, the input would be in the form of formal comments: a. In writing based on the policy options report by January 1992. b. At a meeting in March prior to completing the Draft General Plan (after the policies are determined), and c. When the Draft General Plan and EIR are released in April. The City will be providing formal comments with regard to the land use policies in January, 1992, after the City has done an adequate review of the report. A "cooperative effort", however, typically means more than just formal comments followed by formal responses. Substantial dialog and discussion on the issues needs to take place. If Alameda County truly wishes to establish a cooperative effort among local cities, the Dublin City Council would request the Board of Supervisors to establish a process where meaningful dialog and discussion can occur among the elected officials and Staffs of the local cities and Alameda County. With this process, we can hopefully arrive at policies which are acceptable to all. If you have any questions, please contact Dennis Carrington, Senior Planner, or me at 833-6610. Sincerely yours, Peter W. Snyder, Mayor City of Dublin cc: Cathy Brown, Mayor, City of-Livermore Ken Mercer, Mayor, City of Pleasanton Adolph Martinelli, Planning Director, Alameda County