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City of Ojai SOI Review

Local Agency Formation Commissions · ventura-msr-2024-lafco-23-16s-city-of-ojai-soi-review · Soi · 2024-01-01

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Agenda Item 10 VENTURA LOCAL AGENCY FORMATION COMMISSION STAFF REPORT Meeting Date: April 17, 2024 Continued from March 20, 2024 TO: LAFCo Commissioners FROM: Kai Luoma, Executive Officer SUBJECT: Sphere of Influence Review: LAFCo 23-16S City of Ojai Recommendation: Adopt Resolution LAFCo 23-16S (Attachment 4) making determinations and reviewing the sphere of influence for the City of Ojai (City) pursuant to Government Code Section 56425(g), including that a sphere of influence update is not necessary. City Information: The City of Ojai was incorporated in 1921, and is governed by a five-member city council. The City provides a variety of municipal services, including animal services, building and safety services, cemetery services, community development/planning services, parks and recreation services, police services, solid waste collection and disposal services, storm drain maintenance services, street maintenance services, and transit services. Depending on the service category, services are provided either directly or by contract with other public or private providers. The City’s sphere of influence covers approximately 5,159 acres (about 8.06 square miles), and its jurisdictional area covers about 2,794 acres (Attachment 1). Background: Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.), the Commission was required to determine and adopt a sphere of influence (or “sphere”) for each city and special district on or before January 1, 2008. A sphere of influence is defined in Government Code Section 56076 as the probable physical boundary and service area of a local agency, as determined by the Commission. Every five years thereafter, the Commission must, as necessary, review and update each sphere of influence (Government Code Section 56425(g)). COMMISSIONERS AND STAFF COUNTY CITY DISTRICT PUBLIC Jeff Gorell Jenny Crosswhite, Chair Raul Avila, Vice-Chair Pat Richards Janice S. Parvin John C. Zaragoza Mary Anne Rooney Alternate Alternate Alternate Alternate Matt LaVere Susan Santangelo Mohammed A. Hasan David J. Ross Executive Officer Deputy Executive Officer Office Manager/Clerk Legal Counsel Kai Luoma Andrea Ozdy Richelle Beltran Jeffrey Barnes 28 In compliance with Government Code Section 56425(g), the Commission accepted municipal service review (MSR) reports for the City in 2007, 2012, and 2018. The City’s most recent MSR report, titled City of Ojai Municipal Service Review, was accepted by the Commission on February 21, 2018. All of the MSRs conducted by LAFCo for the City are available on the LAFCo website. LAFCo’s past sphere of influence reviews for the City are summarized as follows: 1. On May 16, 2007 (based on LAFCo’s March 21, 2007, MSR prepared for the City), the Commission updated the City’s sphere, adjusting it to ensure that the sphere more accurately aligned to existing parcel boundaries, and to exclude areas owned by the U.S. government within the Los Padres National Forest. 2. On November 14, 2012, (in conjunction with LAFCo’s November 14, 2012, MSR prepared for the City), LAFCo reviewed (but made no changes to) the City’s sphere of influence. 3. On February 21, 2018 (in conjunction with LAFCo’s February 21, 2018, MSR prepared for the City), LAFCo reviewed (but made no changes to) the City’s sphere of influence. Discussion: Sphere of Influence Evaluation Based on the work plan established by the Commission, an evaluation of the City’s sphere of influence was to be initiated in 2023. Over the last year, LAFCo staff has consulted with City staff to discuss the City’s sphere of influence, and to determine: (1) if the City has experienced any changes to its service needs or areas since LAFCo’s most recent evaluation of its sphere of influence, and (2) if City staff anticipates any service changes that would warrant adjustment of the sphere boundaries. The sphere of influence for the City of Ojai differs from that of other cities in the County in that it is not affected by Commission policies that consider the location of each city’s voter- approved City Urban Restriction Boundary (CURB)1 when determining a sphere of influence, as the City of Ojai does not have a voter-approved CURB. Instead, based on LAFCo records, the location of the City of Ojai’s sphere of influence was largely based on a 1984 agreement between the County and the City pertaining to future development that was endorsed by LAFCo (known as the Joint Resolution of the City Council of the City of Ojai and the Board of Supervisors of the County of Ventura Pledging Cooperation and Establishing Policies for the Review of Land Use Matters in the Vicinity of the City (Joint Resolution) (Attachment 2)). The primary purposes of the Joint Resolution were to provide for the mutual review and 1 Save Open Space and Agricultural Resources (SOAR) ordinances establish a CURB as a boundary within which voter approval is generally required prior to the extension of city services or a change in general plan designation. Staff Report – Sphere of Influence Review LAFCo 23-16S – City of Ojai April 17, 2024 Page 2 of 5 29 consultation regarding land use changes in the Ojai Area of Interest2, to encourage urban development to be located within the City, and to establish that standards for development within the County should not be less than those required by the City. The sphere of influence was determined at this time to acknowledge the Joint Resolution and to reflect efforts by the City and the County to control how and where development within the area surrounding the City would occur with the intent of annexing these areas to the City. Many of the provisions of the Joint Resolution ultimately were included in the Guidelines for Orderly Development (Guidelines), which were adopted by the City of Ojai for the first time in 1983 and again in 1995 (Attachment 3). The Guidelines, which were also adopted by the County and LAFCo and acknowledged the location of the sphere of influence as determined in 1984, provided additional policies specific to development within an Area of Interest and within the sphere of influence for the cities. However, it appears that the adoption of the Guidelines did not nullify the Joint Resolution. The City’s General Plan Land Use Element does not designate land uses outside current City boundaries. It therefore appears that the City does not anticipate annexation of area within its sphere of influence to accommodate future development under the City’s current General Plan. Instead, it appears that the sphere boundary was established largely based on the 1984 agreement to implement the City’s, the County’s, and LAFCo’s desire to provide the City with opportunities to review, and influence, land use decisions in the area surrounding the City of Ojai. This was reaffirmed with the adoption of the Guidelines by the same three agencies. LAFCo staff has met with City staff and consulted with LAFCo Legal Counsel, and supports the continued applicability of the 1984 agreement. Therefore, although the existing sphere of influence boundary does not appear to reflect the City’s current and probable service area, no changes to the sphere of influence for the City are recommended. The sphere of influence review involving no changes is not subject to the California Environmental Quality Act (CEQA) because it “will not result in a direct or reasonably foreseeable indirect physical change in the environment” (CEQA Guidelines Section 15060(c)(2)). Written Determinations Government Code Section 56425(e) requires that, in determining the sphere of influence of an agency, the Commission consider and prepare a written statement of its determinations with respect to each of the following: 2 Areas of Interest were planning tools adopted by Ventura LAFCo in the 1960s that predated the requirement to determine spheres of influence for each city. Each city was within its own Area of Interest. They served as planning referral boundaries for the County Planning Division. Staff Report – Sphere of Influence Review LAFCo 23-16S – City of Ojai April 17, 2024 Page 3 of 5 30 (1) The present and planned land uses in the area, including agricultural and open-space lands. (Section 56425(e)(1)) The City’s sphere of influence includes residential, commercial, industrial, public, agricultural, and open space uses, as reflected on the land use map of the County’s General Plan. The City’s General Plan Land Use Element does not designate land uses outside current City boundaries. It therefore appears that the City does not anticipate annexation of area within its sphere of influence to accommodate future development under the City’s current General Plan. (2) The present and probable need for public facilities and services in the area. (Section 56425(e)(2)) The City provides a variety of public facilities and services within its service area, and there are no anticipated changes in the type of public facilities and services that it provides. Based on the County’s land use designations and characteristics of the land contained within the City’s sphere, no changes to existing and planned land uses are expected. (3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. (Section 56425(e)(3)) The City provides a range of public facilities and services, both directly and by contract, in support of its population. Based on a review of City documents and consultation with City staff, it appears that, consistent with the evaluation provided in the MSR accepted by the Commission on February 21, 2018: (1) the City has the ability to continue to provide public facilities and services at existing levels within its service area, and (2) additional demands on the City are not expected to adversely impact the present capacity of public services and adequacy of public services provided by the City. (4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. (Section 56425(e)(4)) A disadvantaged unincorporated community is defined as a community with an annual median household income that is less than 80 percent of the statewide annual median household income (Government Code Section 56033.5). No disadvantaged unincorporated communities are located within or contiguous to the City’s sphere of influence. (5) For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection. . . the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence. (Section 56425(e)(5)) Staff Report – Sphere of Influence Review LAFCo 23-16S – City of Ojai April 17, 2024 Page 4 of 5 31 The review of the City’s sphere of influence is not considered an update (i.e., a modification) to the sphere. Additionally, no disadvantaged unincorporated communities are located within the City’s sphere of influence. Notice of Public Hearing This matter has been noticed as a public hearing pursuant to Government Code Section 56427. Additionally, all affected agencies have been notified of the public hearing. Attachments: 1. Existing Sphere of Influence Map for the City of Ojai 2. Joint Resolution of the City Council of the City of Ojai and the Board of Supervisors of the County of Ventura Pledging Cooperation and Establishing Policies for the Review of Land Use Matters in the Vicinity of the City 3. Guidelines for Orderly Development 4. LAFCo 23-16S Resolution LAFCo makes every effort to offer legible map files with the online and printed versions of our reports; however, occasionally the need to reduce oversize original maps and/or other technological/software factors can compromise readability. Original maps are available for viewing at the LAFCo office by request. Staff Report – Sphere of Influence Review LAFCo 23-16S – City of Ojai April 17, 2024 Page 5 of 5 32 LAFCo April 17, 2024 Item 10, Attachment 1 }þ 33 M R A R IC O O F VALLE Y VI EW D R D THACHER RD P A O T Y R D T S E L L A L U N A A V H W FAIRVIE W RD R D E L L I H R N S I G N A L G R I D L GR A A M N R D D AV R D M C N E L S R I C E R D L U N A A V W W O R D E L L N O L R O M M O I A T B A L D A R A R V DR CUYAMA R W D E L N D O R T OJAI A T N R U Y V D C L U B D R S V E N T S T A R U OOjjaaii E OJAI B O A R D M A N R D AV G O R H }þ 150 C A R N E O J A I REEVES RD A C O C S S L N T I VENTURA AV D A N TA PAULA RD R VILLANOVA }þ RDE 150 BALDWIN RD WVILLANOVA B U R R D N K H E A E M R C R CINO D D N R E / City of Ojai Legend Ojai Sphere of Influence Current as of February 21, 2018 5,159.20 acres Prepared by County of Ventura - IT Services Department - GIS Division Ojai City Boundary State Plane Coordinate System California Zone V - NAD 27 0 2,000 4,000 8,000 Feet 2,794.70 acres This map was compiled from records and computations WARNING: The information contained hereon was created by the Ventura County Geographic Information System (GIS), 33 which is designed and operated solely for the convenience of the County and related contract entities. The County does Copyright 2018 County of Ventura. Design, maps, index and text of this map are copyrighted. not warrant the accuracy of this information, and no decision involving a risk of economic loss or physical injury should It is unlawful to copy or reproduce, either in digital or paper form, any part thereof for personal use or resale. be made in reliance thereon. LAFCo April 17, 2024 Item 10, Attachment 2 34 35 36 LAFCo April 17, 2024 Item 10, Attachment 3 Public Information County of Ventura • Resource Management Agency • Planning Division 800 South Victoria Avenue, Ventura, CA 93009 • 805 654-2488 • www.vcrma.org/divisions/planning Guidelines for Orderly Development Policies Within Areas of The “Guidelines for Orderly Development” have been adopted by the Board of Interest Where a City Supervisors, all City Counc ils within Ventura Coun ty and the Loc al Agency For ma tion Comm is sion (LAFCO). Th ey refi ne the guide lines origi nal ly Exists adopted in 1969 and maint ain the con sist ent theme that urb an development should (outside that City’s Sphere of Infl uence) be lo cat ed within in cor po rat ed cities when ev er or where v er pract i cal. • Applications for discretionary land Th e revision of these Guidelines in Dec em ber 1996 culminated an eff ort during use per mits or entitlements shall the year by the Count y, Cities and LAFCO to imp rove the clarity of re la tion ships be re ferred to the City for review be tween local agenc ies with res pect to ur ban development projects. and comment. The County shall Intent of Guidelines General Policies re spond to all comm ents rec eived from the City. • Clarify the relationship between the • Urban development should occur, when eve r • The County is primarily respon- Cities and the County with respect and wherever practical, within inc or po rat ed sible for loc al land use planning, to urban plann ing cities which exist to provide a full range of consistent with the gene r al land use • Facilitate a better understanding mu nic i pal services and are res pon si ble for goals and ob jec tives of the City. re gard ing development standards urban land use planning. • Urban development should be and fees • Th e Cities and the County should strive to allowed only within Existing • Identify the appropriate gove rn - pro duce general plans, ordinances and pol- Communities as desi g nat ed on ment al agen cy res pon si ble for i cies which will fulfi ll these Guidelines. the County General Plan. making det er mi na tions on land use • Existing Communities as des- Policies Within Spheres of requests ignated on the County General Infl uence Plan should fi nan cial ly supp ort Jurisdictional County-administered urb an ser- Framework • Applicants for land use permits or ent i tle- vic es which are comparable to ments for urban uses shall be encouraged to those urb an serv ic es pro vid ed by Th e Guidelines are a unique eff ort to apply to the City to achieve their develop- the Cities. en cour age ur ban development to occur ment goals and discouraged from applying withi n Cities; en hance the regional to the Count y. Policies Within Areas of re spon si bil i ty of County gov ern ment; • Th e City is primarily responsible for local Interest Where No City and fac ili tate the ord er ly planning and land use planning and providing municipal Exists de vel op ment of Ventura Count y by: ser vic es. • Providing a framework for coopera- • Prior to being developed for urban pur- • Th e County is responsible for land tive in ter gove rn men tal relations. poses or to receiving municipal services, use plan ning and for providing • Allowing for urbanization in a land should be annexed to the City. municipal serv ic es. manner that will acc om mo date the • Annexation to the City is preferable to the • Urban development should only be development goals of the in div id u al for ma tion of new or expansion of existing al lowed in Unincorporated Urban communities while cons erv ing the Count y service areas. Cen ters or Ex ist ing Communities re source s of Ventura County. • Land uses allowed by the County without as desi g nat ed in the Coun ty Gen- • Promoting effi cient and eff ective an nex ation should be equal to or more eral Plan. de liv ery of com mu ni ty services for re stric tive than land uses allowed by the • Urban development in Unincorpo- existing and fut ure res i dents. City. rated Urb an Centers should only be • Development standards and capital • Identifying in a manner understand- allowed when an Area Plan has been im provem ent requirements imposed by able to the gene r al public the plan- adopted by the Count y, to ens ure the the County for new or expanding develop- ning and serv ice re spon si bil i ties of proposed dev el op ment is con sist ent ments should not be less than those that local governments pro vid ing urban with the int ent of the Guidelines. would be imposed by the City. services within Ventura County. 37 Definitions AREAS OF INTEREST- A plan adopted by LAFCO which divides the government struc ture; and pre pare Spheres of In fl u ence for each County into major geo graph ic areas re fl ec tive of community city and special dis trict. and plan ning iden ti ty. With in each Area of Interest, there is to be no more than one city (but there will not nec es sar i ly be a city SPHERES OF INFLUENCE- Plans adopted by LAFCO which desig- in each Area). Areas of Interest also serve as plan ning referral nate the probable boundaries of each city and special district. bound aries of the County Plan ning Di vi sion. The adoption of Spheres of Infl uence is required by Section 56425 of the Government Code. DEVELOPMENT STANDARDS- Local regulations which determine the provision of essential ser vic es and in fra struc ture within UNINCORPORATED URBAN CENTER- A term of the Coun ty Gen- designated land use dis tricts or ju ris dic tions and which control eral Plan which refers to an existing or planned urban commu- the ar chi tec tur al and en gi neer ing design of build ings, struc tures nity which is located in an Area of In ter est where no city exists. and road ways. The Un in cor po rat ed Urban Center represents the focal cen ter for com mu ni ty and planning ac tiv i ties within the Area of In ter est, EXISTING COMMUNITY- A land use designation of the County Gen- and may be a candidate for future in cor po ra tion. eral Plan which identifi es ex ist ing urban residential, commercial or in dus tri al en claves lo cat ed outside Urban designated ar eas URBAN DEVELOPMENT- Development shall be con sid ered urban if (i.e., cities or Un in cor po rat ed Urban Cen ters). it meets any of the fol low ing cri te ria: An Existing Community may include uses, den si ties, building 1. It would require the establishment of new com mu ni ty sewer intensities and zoning des ig na tions which are nor mal ly limited systems or the sig nifi cant ex pans ion of existing community to Urban des ig nat ed ar eas but do not qualify as Un in cor po rat ed sewer sys tems Ur ban Centers. 2. It would result in the creation of res i den tial lots less than two This des ig na tion has been established to rec og nize ex ist ing land (2) acres in area; or uses in unincorporated areas which have been developed with 3. It would result in the establishment of com mer cial or industrial urban building intensities and urban land uses; to con tain these uses which are neither ag ri cul tur al ly-related nor related to the en claves within spe cifi c areas so as to pre vent further ex pan sion; pro duc tion of mineral resources. and to limit the building in ten si ty and land use to pre vi ous ly established levels. LOCAL AGENCY FORMATION COMMISSION (LAFCO)- A regulatory commission em pow ered by State law to co or di nate log i cal and timely chang es in local gov ern ment bound aries; con duct spe cial Guidelines for Orderly Development Jun-2018 stud ies which re view way to re or ga nize, simplify and stream line 38 LAFCo Resolution 23-16S April 17, 2024 Item 10, Attachment 4 LAFCO 23-16S RESOLUTION OF THE VENTURA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND REVIEWING THE SPHERE OF INFLUENCE FOR THE CITY OF OJAI WHEREAS, Government Code § 56425 et seq. requires the Local Agency Formation Commission (LAFCo or Commission) to develop and determine the sphere of influence of each local governmental agency within the County; and WHEREAS, Government Code § 56425(g) requires that on or before January 1, 2008, and every five years thereafter, the Commission shall, as necessary, review and update the sphere of influence of each city and special district; and WHEREAS, the Commission updated the sphere of influence for the City of Ojai (City) in 2007, and reviewed the sphere in 2012 and 2018; and WHEREAS, the Commission accepted a municipal service review report for the City on February 21, 2018; and WHEREAS, the Commission desires to review the sphere of influence for the City; and WHEREAS, no change in regulation, land use, or development will occur as a result of reviewing the sphere of influence for the City; and WHEREAS, at the times and in the manner required by law, the LAFCo Executive Officer gave notice of the consideration of this item by the Commission; and WHEREAS, the sphere of influence review item was duly considered at a public hearing on April 17, 2024, continued from March 20, 2024 (as specified in the notice of hearing); and WHEREAS, the Commission heard, discussed, and considered all oral and written testimony for and against the sphere of influence review including, but not limited to, the LAFCo Staff Report dated April 17, 2024, and recommendations. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Commission as follows: (1) The LAFCo Staff Report dated April 17, 2024, and recommended review of the sphere of influence for the City are adopted; and 39 (2) The subject sphere of influence review is assigned the following distinctive short form designation: LAFCO 23-16S CITY OF OJAI SPHERE OF INFLUENCE REVIEW; and (3) An update (modification) to the sphere of influence for the City is not necessary; and (4) The Commission has considered the criteria set forth in Government Code § 56425(e) and determines as follows: a. The present and planned land uses in the area, including agricultural and open- space lands. (§ 56425(e)(1)) The City’s sphere of influence includes residential, commercial, industrial, public, agricultural, and open space uses, as reflected on the land use map of the County’s General Plan. The City’s General Plan Land Use Element does not designate land uses outside current City boundaries. It therefore appears that the City does not anticipate annexation of area within its sphere of influence to accommodate future development under the City’s current General Plan. b. The present and probable need for public facilities and services in the area. (§ 56425(e)(2)) The City provides a variety of public facilities and services within its service area, and there are no anticipated changes in the type of public facilities and services that it provides. Based on the County’s land use designations and characteristics of the land contained within the City’s sphere, no changes to existing and planned land uses are expected. c. The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. (§ 56425(e)(3)) The City provides a range of public facilities and services, both directly and by contract, in support of its population. Based on a review of City documents and consultation with City staff, it appears that, consistent with the evaluation provided in the MSR accepted by the Commission on February 21, 2018: (1) the City has the ability to continue to provide public facilities and services at existing levels within its service area, and (2) additional demands on the City are not LAFCo 23-16S City of Ojai Sphere of Influence Review Resolution of Sphere of Influence Review April 17, 2024 Page 2 of 5 40 expected to adversely impact the present capacity of public services and adequacy of public services provided by the City. d. The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. (§ 56425(e)(4)) A disadvantaged unincorporated community is defined as a community with an annual median household income that is less than 80 percent of the statewide annual median household income (Government Code Section 56033.5). No disadvantaged unincorporated communities are located within or contiguous to the City’s sphere of influence. e. For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection. . . the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence. (§ 56425(e)(5)) The review of the City’s sphere of influence is not considered an update (i.e., a modification) to the sphere. Additionally, no disadvantaged unincorporated communities are located within the City’s sphere of influence. (5) The sphere of influence for the City is hereby reviewed and is generally depicted in Exhibit A, “City of Ojai,” attached hereto; and (6) LAFCo staff is directed to have the official Geographic Information System (GIS) sphere of influence data maintained for the Ventura LAFCo by the Ventura County Information Technology Services Department as the official sphere of influence record for the City updated consistent with this action. LAFCo 23-16S City of Ojai Sphere of Influence Review Resolution of Sphere of Influence Review April 17, 2024 Page 3 of 5 41 LAFCo Resolution 23-16S April 17, 2027 Exhibit A to Attachment 4 }þ 33 M R A R IC O O F VALLE Y VI EW D R D THACHER RD P A O T Y R D T S E L L A L U N A A V H W FAIRVIE W RD R D E L L I H R N S I G N A L G R I D L GR A A M N R D D AV R D M C N E L S R I C E R D L U N A A V W W O R D E L L N O L R O M M O I A T B A L D A R A R V DR CUYAMA R W D E L N D O R T OJAI A T N R U Y V D C L U B D R S V E N T S T A R U OOjjaaii E OJAI B O A R D M A N R D AV G O R H }þ 150 C A R N E O J A I REEVES RD A C O C S S L N T I VENTURA AV D A N TA PAULA RD R VILLANOVA }þ RDE 150 BALDWIN RD WVILLANOVA B U R R D N K H E A E M R C R CINO D D N R E / City of Ojai Legend Ojai Sphere of Influence Current as of February 21, 2018 5,159.20 acres Prepared by County of Ventura - IT Services Department - GIS Division Ojai City Boundary State Plane Coordinate System California Zone V - NAD 27 0 2,000 4,000 8,000 Feet 2,794.70 acres This map was compiled from records and computations WARNING: The information contained hereon was created by the Ventura County Geographic Information System (GIS), 43 which is designed and operated solely for the convenience of the County and related contract entities. The County does Copyright 2018 County of Ventura. Design, maps, index and text of this map are copyrighted. not warrant the accuracy of this information, and no decision involving a risk of economic loss or physical injury should It is unlawful to copy or reproduce, either in digital or paper form, any part thereof for personal use or resale. be made in reliance thereon.