title
Conduct a noticed public hearing to consider adopting a resolution approving General Plan Amendment Application G-23-03 to amend the development and utility provision policies for properties within a designated Municipal Service Area (MSA) pending annexation and make various non-substantive updates; the proposed amendments are exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) and Section 15308 of the CEQA Guidelines
body
Published Notice Required? Yes _X__ No ----___
Public Hearing Required? Yes _X__ No ___
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Conduct a noticed public hearing; and
2. Adopt a resolution approving General Plan Amendment G-23-03 to amend the development and utility provision policies for properties within a designated Municipal Service Area (MSA) pending annexation and make various non-substantive updates (Attachment A).
SUMMARY:
The General Plan establishes and describes the area within each incorporated city and a portion of the unincorporated area surrounding each city as a Municipal Service Area (MSA; Attachment C). The General Plan anticipates that urban land uses will be established in the unincorporated portion of the MSA with the city providing the necessary public water and sewer infrastructure to support the increased density and intensity of urban development as annexation occurs. As such, the General Plan also includes more intense land use designations for some properties within the MSA, though many are currently in an Interim Agricultural zoning pending city annexation. Delays in annexation and the provision of services by a city within the unincorporated areas of an MSA results in some property owners being prevented from developing their property in accordance with the underlying land use designation in the General Plan and a lag towards fulfillment of the vision for economic development contemplated by the County’s General Plan. To address this, staff propose that the development and utility provision policies of the General Plan for properties within a MSA be amended to allow for the following ahead of city annexation:
• Property development consistent with the General Plan’s land use designation as shown in Figure LU-1 (Attachment D) and an approved city annexation plan; and
• Necessary municipal services to support such development may be provided either by a city upon annexation or by the County jointly with a special district or the adjoining city prior to annexation.
The General Plan amendment also contains non-substantive changes.
These updates to the General Plan are aligned with the Board’s Economic Development priorities. Specifically, priority No. E2-A to update the General Plan to support economic development and priority No. E3-A to develop a General Plan text amendment to support infrastructure in the MSA’s and the unincorporated areas of the County.
The Solano County Airport Land Use Commission adopted Resolution No. 23-16 on October 12, 2023 that found the proposed amendments to be consistent with the 2015 Travis Air Force Base Land Use Compatibility Plan (Attachment B). At a Planning Commission meeting on October 19, 2023, a quorum of the Planning Commissioners present considered and took action on this item. This is discussed further below.
FINANCIAL IMPACT:
There is no direct fiscal impact associated with consideration and/or action on the proposed General Plan Amendment application. The costs for preparation of the general plan amendment are included in the Department’s FY2023/24 Working Budget.
DISCUSSION:
Background
The outer boundary of each MSA, also referred to as the MSA line, represents the County’s estimate of where each city’s jurisdictional boundary will be in 2030, which is the planning horizon of the General Plan. In establishing the MSA lines as shown on the Land Use Diagram within the General Plan, the County considered city annexation plans as they existed in 2008 when the current General Plan was adopted. However, cities have since adjusted their plans for annexation, resulting in some areas adjacent to cities now being unlikely to be annexed prior to 2030. One method to address a city’s updated annexation plans within a MSA is to amend the County’s General Plan policies to address how these unincorporated areas may be developed consistent with the land use designations shown on the General Plan’s Land Use Figure LU-1 prior to city annexation. This would also allow the County in cooperation with a special district or the adjoining city to provide the public water and sewer services necessary to support the level of residential, commercial, and industrial development as designated in the General Plan within the MSA. This serves the needs of the County’s current and future residents and businesses while supporting State goals of increasing the supply of affordable housing and providing economic development. In some cases, LAFCO approval will be required for the County, a special district, or the adjoining city to provide services to unincorporated areas within an MSA. This general plan amendment does not affect LAFCO’s authority to review service proposals.
General Plan Amendment (Attachment A)
While much of the proposed revisions to the General Plan text involve clarification, corrections, and necessary updating within the background discussion in both Chapter 1 (Introduction) and Chapter 3 (Agriculture), the notable amendments proposed are new policies in the Chapter 2 (Land Use) and Chapter 8 (Public Services and Facilities) reflecting Board directed priorities to develop amendments related to MSA’s and the provision of infrastructure in the unincorporated areas. Specifically for Chapter 2 - Land Use, the amendments allow for development of properties within the MSA consistent with their General Plan land use designations (and any approved city annexation plan) and expand on the ability for projects to either rely upon individual on-site well and septic systems or services provided jointly by the County and special districts or the adjoining city.
Additionally for Chapter 8 - Public Services and Facilities, services that the County is not equipped to provide on its own within the unincorporated county area may be provided by independent special districts, such as a water service district, or by the County acting jointly with cities or special districts, such as to supply public water and/or sewer. Private parties may also continue to provide services such as with garbage collection. This amendment does not preclude use of on-site infrastructure (septic or wells) for less intensive uses within a MSA.
As an example, some properties in the various MSAs are currently zoned for agricultural use but have a more intensive land use designation in the General Plan. This text amendment will allow such properties in the MSA to be rezoned from their current agricultural zoning to a zoning consistent with their General Plan land use designation and for alternatives for providing the infrastructure to support the development allowed through such a rezoning ahead of city annexation. If a property is already zoned for an intensive use, then the amendments provides options for the level of infrastructure needed.
The proposed amendment was considered at a noticed public hearing before the Planning Commission on October 19, 2023. At that public hearing and after hearing staff presentation and public comments, two of the three commissioners present voted in favor of forwarding a resolution recommending approval of the amendments to the Board of Supervisors. However, State law provides that a recommendation of approval on General Plan amendments requires an affirmative vote of the majority of the total membership of the Planning Commission-here, at least three out of five Commissioners. Therefore, the 2-1 vote of the quorum of Commissioners present resulted in the official action being a split recommendation on the General Plan amendment, which was sent to the Board of Supervisors for consideration. Minutes from the October 19, 2023 Planning Commission public hearing and public comments received, along with Department responses, are also provided in Attachment B. At a subsequent Planning Commission meeting held on November 16, 2023, a commissioner raised concerns about the Department forwarding General Plan Amendment G-23-03 to the Board without first returning to the Planning Commission for further consideration.
General Plan Consistency
The proposed General Plan amendment application is consistent with the Solano County General Plan in that the various land uses authorized by the amendment are compatible with the objectives, policies, general land uses, and programs specified in the plan.
Environmental Analysis:
The project qualifies for a Categorical Exemption pursuant to Section 15061(b)(3), the common-sense exemption, and Section 15308 Class 8, Actions by Regulatory Agencies for the Protection of the Environment, of the California Environmental Quality Act.
The General Plan update consists of adoption of revised policies for unincorporated areas within the MSA as currently shown on the Land Use Diagram to allow development to occur consistent with the land use designation and that the municipal services necessary to support development of these properties may be provided either by the city upon annexation or by the County jointly with a special district or the adjoining city prior to annexation. Individual development projects that would rely on such services within these areas are already subject to environmental review and discretionary approval.
Public Notice:
Consistent with §28.112 and §28.04 of the Solano County Code, a public hearing notice was published in the Daily Republic at least 15 days prior to the public hearing (Attachment E).
ALTERNATIVES:
The Board of Supervisors may also choose to:
1. Deny the proposed amendments to the General Plan. This is not recommended since the proposed amendments do not result in any changes to the size of the MSAs or the anticipated or the intensity or density of development within the MSA as contemplated by the General Plan. Rather, the amendment provides various mechanisms to fulfill development goals within the MSA envisioned by the General Plan; or
2. The Board could direct staff to return to the Planning Commission for additional consideration prior to taking action on the matter.
OTHER AGENCY INVOLVEMENT:
County Counsel assisted in development of the General Plan amendment application.
As a General Plan amendment, the proposed revisions were provided to the Yoche Dehe Wintun Tribe for tribal consultation as required by SB 18. County staff consulted with tribal staff, and it was determined that the proposed amendments would not impact tribal resources since there is no construction anticipated related to the amendments.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION