Correspondence - #30 - Laserfiche WebLink

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a program against a takings challenge in Building Industry Association of Central California u County of Stanislaus (2011) 190 Cal.AppAth 582. In this context a policy is constitutional if the mitigation requirement has a"reasonable relationship" to the problem it aims to solve. For example, in the Stanislaus County case, the court noted that agriculture and agricultural land are important to the County's economy and that losing farmland to development could harm that resource. Therefore, the court held, "protection of farmland that could otherwise soon be lost to residential development promotes the County's stated objective to conserve agricultural land for agricultural uses."Building Industry Assn. 190 Ca1.App.4th at 592. The proposed non-net-loss policy clearly meets this test. As the draft Open Space Element says at page OS-02, "Open space is a limited and valuable resource that provides multiple benefits to those living and working in Santa Ana." Many draft policies, in particular OS 1.1 and 1.3, show that the City aims to provide more open space for the public in the coming years. These policies are not limited to public parkland, but include all open space. The no-net-loss policy would prevent backsliding on the City's total open-space acreage and therefore advance those broad goals. In short, adopting a no-net-loss policy that applies to all open space is not as risky as the City fears. If City staff continue to feel that the findings or other policies in the draft General Plan Update are insufficient to meet the legal standards, RUW is prepared to assist in drafting additional language. Moreover, if the City is concerned that the policy might cause a taking when applied to specific properties (such as Willowick), there are several options for avoiding that result. The policy could offer alternative ways of complying, such as through in-lieu fees. It is also common for similar ordinances to provide for a waiver if strict application would cause a taking. These approaches could be implemented in the Municipal Code revision that will follow the General Plan Update. A broadly applicable no-net-loss policy is essential to protecting and improving the open space available to the people of Santa Ana. RUW will continue advocating for this goal, regardless of the outcome of the coming vote on the General Plan Update. We are optimistic that the City—with our help—will put in the effort and find a way to adopt the strongest possible version of the policy. Sincerely, The Rise Up Willowick Coalition ruwillowick@gmail.com Page 2 of 2