Letter from ECOS Requesting that LAFCo Reconsider Approval of “Kammerer 99 SOIA” Amendment

May 1, 2018

Patrick Hume, Chair
Sacramento Local Agency Formation Commission
1112 I Street, Sacramento, CA, 95814
Via email to commissionclerk[at]saclafco[dot]org

RE: Request to Reconsider LAFCo approval of Kammerer/99 SOIA amendment

Dear Mr. Hume and fellow Commissioners:

I would like to focus on two concerns that ECOS and Habitat 2020 believe were not adequately addressed by LAFCo Commissioners in their deliberations on the Kammerer/99 SOIA Amendment: 1) Cumulative Traffic impacts and 2) County policy regarding changes to the urban service boundary established in the 1993 Sacramento County General Plan and included in the 2011 update of that plan.

1. Traffic Impacts on the SE Connector. On or about February 29, 2018 the Southeast Connector JPA released a Mitigated Negative Declaration for review and comment. The information contained in this document was not available prior to the LAFCo hearing on February 7, 2018. Among other things the document contained a comprehensive analysis of cumulative traffic impacts both with and without the proposed improvements to Kammerer Road.

Most instructive is Table 45, which shows cumulative and cumulative plus project (the road improvement project) Level of Service (LOS) on a segment by segment basis between Interstate 5 and Highway 99 (See Attachment 1). The cumulative conditions for the analysis are based on full buildout within Elk Grove City (although not taking into account casino development) and MTP/SCS traffic forecasts based on projected 2036 development outside of Elk Grove City. This table reveals a number of important points:

• The cumulative conditions for the various segments are based on a minimum of 4 lanes of traffic, rather than the 2 lanes in the LAFCo RDEIR. Our understanding is that the JPA’s intent is to build the 4 lanes with the proposed project, but if funding is short, the project may be phased with just two lanes at first. If so, the expansion to 4 lanes would occur with funding from impact fees on new development collected by the city of Elk Grove (communication from Matt Satow, project engineer)/

• The daily traffic volume for the segments between Bruceville and Promenade Parkway range between 13,740 and 38,300. This compares to an estimated 29,719 vt/d in the RDEIR for Kammerer/99 SOIA.

• The Cumulative Plus Project conditions in Table 45 yield considerably higher daily volumes along the same stretch of roadway. This is largely the induced traffic demand that connecting Kammerer Road to Interstate 5 will generate.

• The segments west of Bruceville are projected to accommodate 28,000 to 32,000 vt/d. Some of these vehicle trips will originate and end from the north on Bruceville; others will continue eastward toward Highway 99.

• Traffic volume in the Cumulative Plus Project scenario for the segments east of Bruceville are projected to increase between 6,300 and 18,240 vt/d, with the amount of increase decreasing from west to east.

• The level of service with the Cumulative Plus Project actually declines along all segments except one. For one segment, the decline is to LOS E.

This analysis does not include either the Bilby or Kammerer/99 requests. It is logical to assume that taken together, these projects would cause traffic levels on Kammerer/99 to increase LOS along much of the SE Connector between Highway 99 and Interstate 5 to unacceptable levels.

It is clear from the comments of LAFCo Commissioners that the presence of the proposed Southeast Connector was a significant justification for approving the project. This new information, not available at the time of decision, raises the important question that the Kammerer/99 SOIA, particularly when taken into consideration of the soon to be heard Bilby Ridge SOIA, will create significant congestion and challenge the ability of the Connector Project to meet its primary goal: to provide an alternative means for travelers to circumvent the congestion of the Sacramento Urban Area by travelling around the southeast periphery of the developed urban area.

We recognize that Mitigation Measure 3.24-1a requires traffic studies and plans for improvements to mitigate traffic to acceptable levels prior to approval of annexation. Yet there has been no discussion in the record as to what the scope of those improvements might be and how they relate to the purpose of the Southeast Connector as a regional road designed to move traffic between Interstate 5 and Highway 50. For a threshold decision regarding urban growth, this is a glaring omission.

In this light, reconsideration of the project is warranted. At a minimum, LAFCo commissioners should ask for an analysis and report back from the Southeast Connector JPA on the impacts of the projects before the Commission, with additional traffic analysis as necessary to be funded by the applicants. Moreover, we would recommend that reconsideration should be considered at the same time and with the available analysis of the Bilby Ridge project, so as to better evaluate the full scope of traffic impacts on the Southeast Connector.

2. Consistency with Sacramento County Land Use Policy LU-127. Our second point is not so much a matter of new information as it is a glaring oversight on the part of LAFCo commissioners not only in framing their decision, but in making the overriding considerations for approving the project in light of 22 significant and unavoidable adverse impacts.

The RDEIR for Kammerer/99 SOIA does identify policy LU127, which reads as follows:

Policy LU-127: The County shall not expand the Urban Service Boundary unless:
• There is inadequate vacant land within the USB to accommodate the projected 25 year demand for urban uses; and
• The proposal calling for such expansion can satisfy the requirements of a master water plan as contained in the Conservation Element; and
• The proposal calling for such expansion can satisfy the requirements of the Sacramento County Air Quality Attainment Plan; and
• The area of expansion does not incorporate open space areas for which previously secured open space easements would need to be relinquished; and
• The area of expansion does not include the development of important natural resource areas, aquifer recharge lands or prime agricultural lands;
• The area of expansion does not preclude implementation of a Sacramento County-adopted Habitat Conservation Plan;

OR

• The Board approves such expansion by a 4/5ths vote based upon on finding that the expansion would provide extraordinary environmental, social or economic benefits and opportunities to the County.

If this expansion request was before the County this is the policy that would guide decision-making regarding SOIA. We recognize that the policy does not bind the decisions of the City of Elk Grove, nor does it strictly bind Sacramento LAFCo decisions. Yet in many ways the policy gets to the heart of LAFCo’s mandates to consider the need for expanding jurisdictional spheres, to protect prime agricultural demand and to ensure adequate services.

Yet, surprisingly, the RDEIR finds that the proposed SOIA is consistent with the policy under the self-limiting logic that no land use changes are proposed that would require expanding the USB:

Consistent: The SOIA Area is currently within the jurisdiction of the County of Sacramento and is entirely outside of the County’s General Plan USB. However, no land uses changes are proposed that would require expanding the USB.

That is entirely beside the point. The simple fact is that approval of the SOIA would lead to the inevitable urban development that the USB is designed to limit. The question at hand is whether the proposed SOIA, if implemented, would be consistent with the county’s policy. We believe that we have provided ample evidence that it would not be. Both the RDEIR and the Commissioners’ approval of the project are deficient in not adequately taking this into account.

Note that Policy LU-127 does give guidance on when it would be appropriate, despite the required findings, to approve USB expansion. They can, by a supermajority vote, find that the expansion would provide extraordinary environmental, social or economic benefits and opportunities to the County.

So it would stand to reason, that LAFCo commissioners might want to consider the same context in their decision regarding the Kammerer/99 SOIA’s approval. Yet what we heard at the meeting were the same “business as usual” types of justifications for approving the project: Elk Grove needs to grow, the project will provide jobs, new development will help Elk Grove improve its job’s housing balance and the like. These are reflected in the Findings of Fact and Overriding Concern, which were not made available to the public until just prior to the hearing, without adequate opportunity for public review and consideration. Nowhere can we find, in either the written or the spoken comments at the hearing, that there were any extraordinary benefits for approving the project despite its inconsistency with County Policy, LAFCo mandates and common sense.

Moreover, your Commission’s decision, in starting the process to allow Elk Grove’s expansion beyond the USB, provides justification to not only Folsom in the area south of its current limits, but the County itself, in the huge North Precinct Development, to justify expansion of the Urban Service Boundary, entirely in the absence of any extraordinary justification, thus continuing the cycle of sprawl many citizens in this County are dedicated to ending.

In view of this, and if for no other reason, we ask that you reconsider your justification and your findings in approving the project.

Sincerely,

Robert Burness, Habitat 2020 Co Chair
Attachments


Click here for a PDF of this letter.

Click here for more background on this issue.

As LAFCO Reconsiders Expansion of Elk Grove, Public Comments, Including Planning Commissioner, Condemn Annexation

May 1, 2018

Elk Grove News.net

At their regular monthly meeting on Wednesday, May 2, the Sacramento Local Agency Formation Commission (LAFCO) will hold a second hearing reconsidering their February 7 decision opening the doors for an expansion of Elk Grove city limits.

That decision which approved the environmental impact statement for a so-called sphere of influence (SOI) application is a significant step to annex the nearly two square miles into Elk Grove. Unlike an unsuccessful effort led by the city in 2013 to annex 12-square miles, this smaller annexation is being pursued by private real estate developers Reynolds & Brown, Kamilos Development, and Feletto Development who want to build thousands of residential dwellings.

The second hearing, which was initially scheduled for April but rescheduled to tomorrow, was granted after requests from several environmental groups and individuals. Collectively they claimed the 4-3 commission decision was flawed and did not fully consider issues such as how will water be supplied conveyed for the development.

Along with the comments from environmental groups and Elk Grove area residents, public comments also came from residents outside the area. Typical of this was a comment from Carmichael, California resident Peggy Berry who framed the issue as anti-citizen and pro-developer.

In her comments dated April 4 Berry wrote; “When will sound planning stand a chance against monied interests? It’s discouraging and makes citizens who care about the broader picture of preserving open spaces and their dwindling habitats feel their caring means little to nothing when looking at Sacramento’s future desirability.”

Click here to read the full article.

Environmental Groups Claims LAFCO Executive Director Misled, Gave False Information in Elk Grove Expansion Approval

April 1, 2018

Elk Grove News.Net

In a rebuke of the February 7, 2018 decision to initiate a developer-driven expansion of Elk Grove, a rehearing of those plans will be held at the Sacramento Local Agency Formation Commission (LAFCo) will be held on Wednesday, April 7. That hearing will be held at the requests from environmentalist groups who claim that among numerous other infractions, Sacramento LAFCO executive director Donald J. Lockhart misled and withheld information from the body’s commissioners.

In a 10-page letter (posted below) dated March 9, 2018 from the petitioner attorney Donald Mooney, the eight areas are cited where the decision by the seven-person commission was made without a complete presentation of facts. The petitioners seeking the new hearing include the Sierra Club, the Environmental Council of Sacramento, Habitat 2020, and Friends of Swainson’s Hawk.

In that February meeting, the Sacramento LAFCO commissioners voted 4-3 in favor of an application by home builders who were seeking to place about 1,200-acres in the city of Elk Grove’s sphere of influence. Putting the land into Elk Grove’s sphere of influence paves the way for the city to annex the property into city limits, thereby allowing the developers a quicker path to new housing developments.

Read the article here.

Reconsideration of LAFCo Decision on Elk Grove expansion

UPDATE: On April 4, 2018, LAFCo cancelled this hearing for reconsideration due to protests of the killing of Stephon Clark in the downtown area. The item will likely be back on their agenda on May 2, 2018.  

Thank you to everyone who has communicated with LAFCo about the importance of this decision and the need to rethink the 4-3 vote.  
 
Thank you also to those who have sent donations to help pay the cost of our attorney.

ECOS and Sierra Club have asked and been granted a hearing on whether there should be reconsideration of the Feb 7, 2018 LAFCo decision to approve adding 1,156 acres of farmland to the Sphere of Influence for Elk Grove (first step in urbanization). The hearing will be April 4, 2018, 5:30 pm at 700 H Street. As we get closer, we will ask you to write again to LAFCo to oppose this conversion of farmland.

We have asked for reconsideration based on:
1. Lack of evidence to support a Statement adopted by the Commissioners to “override” the 22 significant and unavoidable impacts of the decision.
2. Misleading statements at the hearing on water availability, farmland mitigation, benefits of the decision to the JPA Connector, and the extent to which impacts can be mitigated .

This was a very close decision with Councilmember Angelique Ashby of City of Sacramento, Metro Fire Board member Gay Jones, and Public LAFCo Member Jack Harrison voting against the SOI, and Supervisors Sue Peters and Sue Frost, CM Pat Hume of Elk Grove and Carmichael Water District Board Member Ron Greenwood voting to approve. We hope to reverse this decision.

We would like the commissioners to receive comments with time to read them before the hearing at 5:30pm on Wednesday, April 4, 2018.

Click here to view the hearing agenda.

Click here for links to the most recent relevant documents, on the Friend’s of Swainson’s Hawk website.

Click here to learn more about the background of this issue.

Elk Grove expansion into habitat, farmland approved

There’s already plenty of land available for growth without causing more urban sprawl across the County of Sacramento and within the Urban Services Boundary around the City of Elk Grove in the south of the county. We need to focus on smart growth, infill development, public transit, water supply, air quality, and open space in order to support the quality of life for future residents.

There was a great team effort by groups like ECOS, Habitat 2020, Friends of Swainson’s Hawk, Save Our Sandhill Cranes, the Sierra Club and community members from all over the county who presented a strong case against Elk Grove’s latest sprawl push.

Unfortunately, on February 7, 2018, the Kammerer Road-Highway 99 Sphere Of Influence Amendment passed with a 4-3 vote by LAFCo (Local Area Formation Commission) members. This allows the City of Elk Grove to expand urban development beyond their currents limits.

In favor of the expansion: Patrick Hume, Sue Frost, Susan Peters, Ron Greenwood

Opposed to the expansion: Angelique Ashby, Gay Jones, Jack Harrison

Learn more about the City of Elk Grove’s Sphere of Influence here.