County of Sonoma Agenda Item Summary Report

Transcription

1 County of Sonoma Agenda Item Summary Report Agenda Item Number: 14 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Board of Supervisors Board Agenda Date: June 13, 2017 Vote Requirement: Majority Department or Agency Name(s): Permit and Resource Management (Permit Sonoma)/County Counsel Staff Name and Phone Number: Sandi Potter (707) Jennifer Barrett (707) Jeff Brax (707) Supervisorial District(s): Countywide Title: Comprehensive Planning 2-Year Work Plan Recommended Actions: Implement the Board s comprehensive planning priorities by making the following resource and policy adjustments: (A) Approve the 2-Year Work Plan that will focus in FY on the Board s planning priorities of the Housing Program and affordable housing projects, Winery Event Regulations, Local Coastal Plan Update, Development Code Modernization, and the Airport and Springs Specific Plans; and in FY will focus on developing Phase II cannabis regulations, enhanced housing programs to comply with new state law, and scoping for a future General Plan Update. (B) Increase position allocation effective July 1, 2017 adding 2 full-time equivalent positions (PRMD Division Manager and Secretary) in the Permit and Resource Management Department Comprehensive Planning section funded by General Plan Administrative Fees to achieve the Board s planning priorities, including the upcoming General Plan update. (C) Increase position allocation effective July 1, 2017 to add one full-time equivalent attorney position (Deputy County Counsel III) in the Office of County Counsel required to achieve the Board s planning priorities included in the Comprehensive Plan. (D) Direct staff to return to the Board for a study session to inform the approach to the General Plan Update.

2 Executive Summary: The Comprehensive Planning Section of Permit Sonoma is responsible for the development, implementation, and maintenance of the Board s comprehensive planning priorities. Working closely with County Counsel and other partners, the Comprehensive Planning Section implements and maintains the General Plan, the County s Affordable Housing Programs, the Local Coastal Program, the Aggregate Resources Management Program, and the Development Code, among other priority projects. The Comprehensive Planning Work Plan represents the definitive list of County planning priorities for the following two fiscal years. The Board has generally reviewed the Work Plan every two years, starting in The Board approved the Work Plan for Fiscal Years 2015 through 2017 in December Staff has completed many of the projects identified in last Work Plan or added later by the Board, including updated vacation rental regulations, new medical cannabis regulations, and Community Separators General Plan amendments and ballot initiative. This report provides an overview of impacted Comprehensive Planning and County Counsel staff, and actions since the Board approved the last two-year Work Plan in December It then details the new Work Plan for FYs and , following the outline set forth in Exhibit A, by describing: Labor allocation Customer service Ongoing programs Existing priority projects Proposed new initiatives/programs In FY 17-18, staff proposes to work on existing priority projects, including the Local Coastal Plan Update, Development Code Modernization, and two Specific Plans. In FY 18-19, staff proposes initiating several new planning efforts, potentially including scoping of a significant effort to update the General Plan. To accomplish these priority projects, staff proposes restoring the Comprehensive Planning Manager and an additional clerical support position. These planning efforts require significant legal input and review. Accordingly, County Counsel proposes adding a Deputy County Counsel position to achieve the Board s planning priorities. This report identifies alternatives if the recommendation is not adopted, including a scaled-back approach to the General Plan Update, and a significantly reduced approach. Discussion: Comprehensive Planning and County Counsel Overview: The Comprehensive Planning team is responsible for the development and maintenance of the General Plan, Specific Plans, Local Coastal Plan and Development Code. The team currently consists of 1 Supervising Planner, 5.0 full time equivalent (FTE) Planners, a half time Intern (0.5 FTE), and a half time Extra Help Planner (0.5 FTE). The section is currently supervised by the Environmental Review and Comprehensive Planning Manager, who also supervises 5 environmental specialists and 1 Professional Geologist. The primary responsibilities of the Comprehensive Planning team include: Implementing General Plan policies and programs; Implementing and managing the County s Affordable Housing Programs, including provision of a Housing Liaison and pre-application assistance on affordable housing projects; Preparing the Annual Report on General Plan implementation;

3 Conducting General Plan consistency determinations for public projects; Monitoring and managing the County s Aggregate Resources Management Plan; Acting as Staff Liaison on transportation planning issues (Bike/Pedestrian Committee, Sonoma County Transit Authority and Regional Climate Protection Authority); Assisting other County departments and agencies with planning programs; Reviewing referrals and EIRs from tribes and other cities/agencies; Staffing the planner public information phone and systems, responding to inquiries about a full range of planning and zoning matters; Reviewing pending legislation and implementing statewide planning mandates (groundwater, housing and climate change); and Working on other planning initiatives as directed by the Board. The Work Plan represents the definitive list of County planning priorities, but the Board often directs additional work to the Comprehensive Planning Division through resolutions of intention, minute orders, resolutions applying for grant opportunities and other directives. Recent examples include Coastal Sea Level Rise Adaptation Planning, the Airport Area Specific Plan, the Springs Area Specific Plan, and the recent General Plan revision to protect the Atascadero Wetlands. Since the Board approved the last Comprehensive Planning Work Plan in December 2014, Permit Sonoma staff has completed or achieved major milestones in the following eighteen planning initiatives: New vacation rental regulations and X Combining (Exclusion) Zone to preclude new vacation rentals in specific areas; Community Separator Ballot Initiative and General Plan Amendment; New regulations for Cannabis cultivation, processing and distribution; Assisted with multiple affordable housing project applications resulting in the approval or permitting of hundreds of affordable housing units; Adoption of provisions for Junior Accessory Dwelling Units and of Code amendments to encourage more Accessory Dwelling Units (formerly Second Dwelling Units); Assisted in development and adoption of Building HOMES Toolbox, in cooperation with the Community Development Commission; Winery Event Policies Working Group; Atascadero Wetland Designation General Plan Amendment; Water Efficiency Landscape Ordinance update; Sonoma County Hazard Mitigation Plan Update with County Emergency Services; Support for Climate Action 2020 and Beyond with the Regional Climate Protection Authority; Coastal sea level rise mapping planning; Sea Level Rise Vulnerability Assessment for the coastal communities of Bodega Bay and Jenner, including community outreach; Preliminary Draft Local Coastal Plan Update and Phase 1 of community outreach; Received grant awards and completed consultant selection, existing conditions, and alternatives reports for two specific plans (Airport Area and Springs Specific Plans); Community outreach and engagement for the Specific Plans;

4 Inspected 19 aggregate mines, approved reclamation cost estimates, and recorded financial assurance mechanisms; and Implemented and trained point-of-contact for vacation rentals and prepared a Request for Proposals to hire outside services for enforcements during nights and weekends. Many of these achievements required significant time from County Counsel, notably including the new cannabis and vacation rental regulations, Community Separators, Accessory and Junior Accessory Dwelling Units, and winery event policies. The Office of County Counsel is an integral part of the Permit Sonoma team. In addition to working on the achievements identified above, County Counsel s land use attorneys provide upstream day-to-day advice and trainings to planning staff, advise on code enforcement and California Environmental Quality Act (CEQA) cases, help review and process public and private development projects, assist with the Williamson Act program, and provide general legal support on County Surveyor issues, contracts, Public Records Act requests, subpoenas, and building, grading, storm water, and well and septic matters. Land use attorneys also represent the Assessor, Department of Agriculture, Local Agency Formation Commission, Regional Climate Protection Authority, Solid Waste Independent Hearing Panel, and other clients. Since the Board approved the last Work Plan, County Counsel provided substantial assistance to the Board and staff on several Comprehensive Planning achievements including the following: New regulations for Cannabis cultivation, processing and distribution; Community Separator Ballot Initiative and General Plan Amendment; Winery Event Policies Working Group; New vacation rental regulations and X Combining Zone; Approval or permitting of hundreds of affordable housing units; Accessory Dwelling Unit and Junior Accessory Dwelling Unit code amendments; and Atascadero Wetland Designation General Plan Amendment. These accomplishments were only possible because of funding provided by the Board or other sources. For example, funding was provided to work on new Cannabis regulations and the Cannabis tax, allowing County Counsel to spend 953 hours (the equivalent of $243,968) prior to the Board s recent allocation of new Cannabis staff. County Counsel also received funding for the Community Separator ballot initiative and General Plan amendment, allowing for attorney hours ($67,392) during FY The Board likewise approved $68,000 for County Counsel to work on Winery Events during FY , and County Counsel obtained funding for work on the Riparian Corridor Ordinance, allowing for hours ($69,504) in FY County Counsel also received separate funding to update the Vineyard Erosion and Sediment Control Ordinance (VESCO), defend against two VESCO lawsuits, work on Sustainable Groundwater Management Act (SGMA) matters, and negotiate the Roseland annexation. Due to the relatively low percentage of County Counsel s budget financed by the General Fund (25.23% in FY ), supplemental funding remains necessary to take on additional time-intensive Comprehensive Planning projects in FYs and

5 Comprehensive Planning Work Plan for Fiscal Years and Background Resources in the Work Plan for FY and the majority of FY are committed to ongoing and priority projects, as already approved by the Board and identified in Exhibit A. This workload can be accomplished with existing Permit Sonoma staff, if additional legal resources are provided. However, as set forth below, these resources are not adequate to take on any new major initiatives. Work Plan Methodology: Labor Allocations. As identified in Exhibit A, the first step in developing the Work Plan is determining the staff resources available for various program activities. Labor allocations vary each year depending on a number of factors, including total number of staff, volume of planning applications submitted for review, and demand for services to other county departments. Certain projects also require significant resources from the Office of County Counsel. The seven-member Comprehensive Planning team has a total of 14,560 available work hours. After accounting for employee benefits, administrative and training costs, the Comprehensive Planning team has a total of 10,350 hours, of which about 7,600 hours are available for ongoing and existing priority programs next fiscal year (due to a vacant position) and 7,900 in FY The Office of County Counsel receives approximately 25% of its budget from the General Fund; the other 75% is funded through charges for services. The 25% General Fund contribution allows County Counsel to provide legal services to various County departments, including the Sheriff, General Services, Board of Supervisors, and County Administrator. Permit Sonoma is allocated 1300 General Fund hours (which equates to 0.87 of one attorney) for all non-code enforcement General Fund legal work. These hours do not suffice to meet the department s Comprehensive Planning needs. Approximately 300 hours of work are available from existing resources for these efforts, but the workload of the proposed Work Plan is estimated to require more than 2,000 attorney hours (see chart below). Permit Sonoma s Comprehensive Planning team s labor hours are allocated into five general categories and described below: A. Customer Service; B. Ongoing Programs; C. Existing Priority Projects and Collaboration with Other Departments on Strategic Initiatives; D. Reserve Labor; and E. Proposed New Initiatives/Programs. A. Customer Service. An estimated 2,755 hours of the available Comprehensive Planning labor is allocated to the fixed costs of operating the ongoing programs and customer service functions of the division (Exhibit A). The Comprehensive Planning team provides customer service in a variety of ways, by participating in planning pre-application meetings, assisting other divisions on various projects, and staffing a dedicated planner phone and a dedicated Planner of the Day . These customer service activities comprise just over 20 percent of total staff time.

6 B. Ongoing Programs. An estimated 2,030 hours of available Comprehensive Planning time in FY and 2,470 hours in FY is allocated to ongoing programs (Exhibit A), including General Plan administration and Annual Reports, Aggregate Resources Management Program administration and monitoring, Housing Program Liaison, Sonoma County Transportation Authority/Regional Climate Protection Authority Liaison, and General Plan consistency reviews of public or tribal projects. These programs are primarily funded through the General Fund, although the Aggregate Resources Management program is funded by industry and the housing program is partially funded by Transient Occupancy Tax (TOT) housing set aside revenues. The Comprehensive Planning and Project Review teams share responsibility for staffing the Landmarks Commission and the Airport Land Use Commission. C. Existing Priority Projects. An estimated 3,225 hours of available Comprehensive Planning time in FY and 2,540 hours in FY is proposed to meet the Board s planning priorities, including through collaboration with other departments. These existing priority projects are large, complex undertakings that will require extensive public outreach, management review, inter-agency coordination, and legal counsel oversight. The existing programs require significant staff and County Counsel hours in FY The following discussion summarizes the status of these existing priority projects. Affordable Housing. During the past year, Comprehensive Planning staff serve as Housing Liaison and has assisted in the processing of multiple affordable housing projects, resulting in the approval or permitting of over 300 affordable housing units. Comprehensive Planning staff work to implement housing initiatives in the Building HOMES Toolbox (such as drafting provisions for Junior Accessory Dwelling Units), and assist the Community Development Commission on strategies to address homeless issues. Comprehensive Planning staff also track a significant amount of proposed legislation at the state level, and work with Counsel to respond to new housing laws and regulations. Comprehensive Planning s Housing Liaison plays an important role in challenging developers of all types to add housing units to their proposals. County Counsel is integral to assisting staff with state code changes and implementing the Housing Program, as well as individual affordable housing projects. Winery Event Policies. In October 2016, following a seven-month working group process, the Board directed staff to focus on new community driven standards in Sonoma Valley and Westside Road/Dry Creek, to develop county-wide definitions for winery events, and to address regulations for industrywide and other cultural events. This work will require significant time by multiple citizens advisory committees, the Planning Commission, staff, counsel, and the Board. The Work Plan allocates significant staff resources to complete this effort and additional County Counsel resources are needed. The Local Coastal Plan (LCP). The Local Coastal Plan Update is a focused effort to provide improved mapping of the 55-mile long Coastal Zone, integrate appropriate General Plan policies, and provide updated policies on a limited range of issues including public access, water quality, biotic resources, public safety, and climate change adaptation. The California Coastal Commission must review and certify the Local Coastal Plan before it becomes effective and Commission staff has taken a very active and detailed role in the Local Coastal Plan process. Staff anticipates publishing a Public Review Draft Local Coastal Plan in Spring 2017 and then conduct public outreach meetings in coastal communities this summer with public hearings before the Planning Commission anticipated in the Fall 2017.

7 Additional resources are needed for legal counsel to review the Public Review Draft, address legal questions raised by various stakeholders, staff multiple Planning Commission and Board of Supervisors meetings, and consult as part of the Commission s review and certification process. Development Code Modernization. The current zoning code was originally drafted in 1968, and is outdated and cumbersome, resulting in delays and inconsistencies in its application. The Development Code Modernization seeks to reformat the code in a more user-friendly format, update sections to comply with changes in law, and integrate the county s procedures in a more streamlined manner as part of the first Phase. This mission-critical work will benefit applicants, staff, and the public by reducing processing timelines, clarifying conflicting requirements and procedures, and easing the staff workload in interpreting outdated language. This project requires extensive management oversight and County Counsel input. The Board has approved a consulting agreement for added resources to assist staff in preparation of a Public Review Draft, but has not yet allocated additional resources for management oversight or for County Counsel. If these resources are provided, the draft Development Code is expected to be available for public review in fall 2017, with public workshops and hearings before the Planning Commission taking place in winter Other existing priority projects include the following: Airport Area and Springs Area Specific Plans. Permit Sonoma received $800,000 in One Bay Area grants and is working with Transportation and Public Works, the Sonoma County Transit Agency, and other partners to develop Specific Plans for the Airport Area and Springs Area. The Airport Area and the Springs Area Plans seek to update and define land uses for these two areas that will form building blocks for the update of the Land Use and Housing Elements. These two areas have been identified as Rural Investment Areas in the One Bay Area Plan, where most growth is projected to occur in the unincorporated area of Sonoma County. Cloverdale Urban Service Area and Scenic Landscape Unit. The County s General Plan includes Urban Service Area boundaries that are coterminous with the adopted Urban Growth Boundaries for all of the cities, except Cloverdale, which adopted their Urban Growth Boundaries after the County s General Plan was adopted. As part of the municipal service review of Cloverdale s boundary conducted by the Local Agency Formation Commission, the County agreed to process the establishment of a Scenic Landscape Unit on the west side of Cloverdale, as well as to amend the Land Use Map to reflect the revised Urban Service Area and a special area policy limiting development above the referenced elevation in the city s adopted Urban Growth Boundaries. This program was delayed due to additional priorities added by the Board, including the need to complete the Community Separators initiative that is related to the Scenic Landscape Unit designation, and staff retirements. Vacation Rentals in the Land Intensive Agriculture (LIA) Zone. Staff is also developing options for an amendment to the General Plan to allow vacation rentals in the LIA zone, anticipated to be brought forth for consideration by the beginning of FY This program was delayed due to additional priorities added by the Board and staff retirements. Russian River Floodplain Restoration/Hanson Terrace Mining Pits. A multi-jurisdictional feasibility study of restoration concepts for the former Hanson terrace mining pits was completed in Endangered

8 Species Habitats (EHC), a non-profit organization, obtained a grant from the Coastal Conservancy to complete a Master Restoration Plan and mining Reclamation Plan amendment which is now underway. This project involves working with Resource Agencies, U.S. Geological Survey, Water Agency and NOAA fisheries on preparing design plans and permitting for restoring the 350-acre former terrace mining sites to create ecosystem benefits and off-channel wetland habitat to benefit the endangered fisheries. The effort also includes coordination with the U.S. Army Corps of Engineers as a potential funding partner. Grant Projects. Comprehensive Planning has also been successful in leveraging outside grant resources to implement General Plan programs and accomplish community priorities. Currently, staff members are working on coastal sea level rise adaption, through a grant from the Ocean Protection Council. A County-wide Vulnerability Assessment has been completed and a Community Adaptation Plan for Bodega Bay is underway, with project completion anticipated during Sustainable Groundwater Management. Comprehensive Planning is also working in collaboration with the Water Agency and Resource Conservation District and other stakeholders on the formation of the Groundwater Management Agencies for three basins, which has required substantial management staff hours to participate in the multi-agency working groups. Through a grant from the Department of Water Resources, staff initiated work in Fall 2016 on data management for sustainable groundwater efforts and anticipates project completion in Fall In addition to these ongoing grant-funded initiatives, the Comprehensive Planning team, together with the Regional Climate Protection Authority, obtained a $1 million grant and completed Climate Action Plan 2020 and Beyond. The Plan was adopted in July 2016 by the Regional Climate Protection Authority and is currently in litigation. The Board will consider adoption of County-specific Climate Action Plan at a later date. D. Reserve Labor. The Comprehensive Planning work plan includes a 15 percent reserve labor to allow for additional work related to casework during the two-year period, work required to comply with new State requirements for General Plan and zoning, and unforeseen labor shortages due to staff turnover or leaves of absences. Recent examples of unanticipated state requirements include the new medical cannabis regulations, Hazard Mitigation Plan actions incorporated into the General Plan Safety Element and new requirements for Accessory Dwelling Units. Together, these initiatives added 1,620 hours of unforeseen staff labor costs during the last year, equivalent to one full-time position. E. Proposed New Programs. An estimated 700 hours of available Comprehensive Planning time in FY and 1,080 hours in FY is available for proposed new initiatives and programs (Exhibit A). Staff requests direction from the Board on prioritizing these other initiatives with the limited hours that are available. Based on data from the past five years, each major initiative in the Comprehensive Planning Work Plan requires approximately 300 hours of staff time per year, and many projects take several years to complete. It should be noted that the more projects that are initiated without adding additional staff resources, or eliminating other priority projects, the longer each of the projects in the Work Plan will take. Staff proposes allocating the remaining hours to initiate work on Cannabis Regulations Phase II in the second half of FY , the Geyserville Area Plan, and affordable housing code changes. New state

9 requirements will require multiple changes to the Zoning Code for Affordable Housing to include greater opportunities for housing in commercial areas and density bonuses for projects providing housing to disabled veterans and youth aging out of foster care. The Board of Zoning Adjustments recommends that the Board initiate a General Plan Amendment/Zone Change to further evaluate the potential conflict with the extent of the General Plan commercial land use designations and the land use policies in the community of Freestone. See the attached letter dated May 18, 2017 provided in Exhibit B. In FY , if adequate staff resources are provided staff anticipates scoping for a comprehensive General Plan update as discussed below. Comprehensive General Plan Update The Board adopted the last comprehensive update of the Sonoma County General Plan in September Initiated in 2001, the General Plan 2020 Update was an extensive, lengthy, multi-million dollar effort that relied primarily on in-house staff, led by a Comprehensive Planning Division Manager and Senior Planner and made use of an appointed Citizen s Advisory Committee and an extensive public outreach process. The update required 8 full-time Planner positions dedicated primarily to the General Plan update to staff the Citizen s Advisory Committee, perform data collection, write policy analysis and reports, conduct stakeholder engagement, administer contracts, coordinate with other departments and agencies, and produce the Draft and Final General Plan and EIR documents. The last General Plan update took 7 years to complete at a cost of $4.8 million. It also required more than 2,200 hours of County Counsel time. Based on a recent survey of Planning Directors, these costs and timeframes are comparable to General Plan updates in other counties in California. The General Plan 2020 does not expire in 2020 and all of the policies remain in effect. The General Plan 2020 used a 20-year time frame for population and employment growth from 2000 through the year These population figures have been exceeded in the unincorporated area of the County and should be updated to project population and employment trends for the next planning period. The General Plan update should also address emerging issues and state requirements. The timing and cost of a General Plan update depends on the scope and direction to be provided by the Board, and the level of controversy that results. Special care must be taken when preparing the environmental review document for a General Plan update, because litigation can be extremely expensive, and can result in an award of substantial attorneys fees that would have be borne by the taxpayers. The scope and timing of the General Plan update will be informed by a number of planning efforts that require close coordination. The 2020 census will provide data on population and employment trends. The State Office of Planning and Research is expected to release new General Plan Guidelines later this year and new methodologies for traffic modeling and impact thresholds. The One Bay Area Plan will be updated, providing the most reliable data for population and employment growth for the region. The Sonoma County Transportation Authority is beginning the process of updating the traffic model for the update of the Countywide Transportation Plan. A major revision of the County s Traffic Model is needed to meet the new SB743 requirements to use Vehicle Miles Traveled (VMT) instead of Level of Service in

10 Traffic Studies and environmental reviews. The Airport Area and the Springs Area Plans will update and define land uses for these two areas that will form building blocks for the update of the Land Use and Housing Elements. The next Housing Element update, due in 2023, will rely upon the updated land use designations for new housing sites that would become the cornerstone for the General Plan update. The General Plan Update effort could be a focused policy update without major land use changes, if the Area Plans provide adequate sites for projected housing and employment growth. As we move forward with formation of Groundwater Sustainability Agencies and development of Sustainable Groundwater Management Plans in the three priority basins, review of the Water Resources Element policies and Urban Water Management Plans for the cities and municipal water agencies will be needed. State law also now requires that upon the next update of the Housing Element that the General Plan be updated to include climate adaptation and resilience strategies and to include specific information to address flooding and fires. Additionally, goals, policies, and objectives related to environmental justice must be integrated into the General Plan. These policies must identify disadvantaged communities and outline objectives and policies to reduce health risks in disadvantaged communities; promote civil engagement in the public decision-making process; and identify and prioritize improvements and programs that address the needs of disadvantaged communities. State law also requires update of the Circulation Element of the General Plan to implement Complete Streets Act incorporating policies that allow people in our community to get around safely on foot, bicycle, or public transportation, in order to retain transportation funding. In addition, state law changes the methodology for evaluating traffic impacts to use vehicle miles traveled, which will require a major update of the County s traffic model and a review and update of existing Circulation Element policies. Water Resource Element policies will also require review in light of new state regulations under the Sustainable Groundwater Management Act and to protect directly connected surface waters in critical habitat watersheds under the State Water Board emergency orders. The timing of these updates will depend on when the comprehensive General Plan update is initiated Staff will return to the Board for a study session to kick-off the update process, determine the key issues to focus in the scope of work and develop a more detailed Project Work Plan with estimated hours and staffing needs, and identify potential funding sources and budget to oversee this major effort. A Comprehensive Planning Manager and clerical support will be needed to oversee this important project as outlined below. If the Comprehensive Planning Manager and clerical support are approved through this agenda item, the study session may be held in FY instead of delayed until FY Comprehensive Planning Manager Position Request Undertaking a comprehensive General Plan update will require a dedicated manager to lead this high profile planning initiative, oversee consultants, and manage the in-house planning team. Restoring the Comprehensive Planning Manager and clerical support positions is essential to undertake an update of the County s General Plan and manage the existing and ongoing priority projects. Historically the comprehensive planning team was supported by a dedicated Comprehensive Planning Division Manager and secretary. As the economic recession of 2007 took hold, PRMD proposed budget cuts to eliminate the Division Manager and the Division s Secretary position, along with 6 staff in Comprehensive Planning and combining the Comprehensive Planning Management duties with those of

11 the Environmental Review Division Manager. Under this proposed budget cut, there would be only one comprehensive planning position that would focus on Special Projects. The Board later restored 5 of the 6 positions, but not the manager or secretary. The duties of the combined Division Manager position were a stretch from the beginning but the economic downturn resulted in fewer major Environmental Impact Reports and a slower pace of infrastructure development at the Department of Transportation and Public Works that allowed the Division Manager to be effective in overseeing Comprehensive Planning. A combination of several factors has dramatically increased the volume of work to a point where it is no longer tenable for one Division Manager to accomplish, even without the major General Plan update. As we have accelerated out of the recession, staff in the two sections has grown by percent, new regulatory requirements have been added to the General Plan, requiring consideration of climate change impacts, Environmental Justice, complete streets, and sustainable groundwater management planning. These regulatory requirements and an increase level of community engagement in the county have increased the workload within the Comprehensive Planning section. All the priority planning initiatives in the Comprehensive Work Plan have resulted in increased work load and need for a position to manage the Comprehensive Planning section reporting to the Deputy Director of Planning. As these challenges have emerged, the Sonoma County community and its leadership are asking for higher levels of public outreach, web and social media presence, resource protection, and regulations and coordinated enforcement. The level of effort required for these existing and future Comprehensive Planning programs simply cannot be sustained without additional resources. Funding In 2008 the County adopted a Plan Administration Fee on new development to partially fund implementation and update of the General Plan, and related implementation planning documents including the Housing Element, Local Coastal Plan, and Development Code. The Board anticipated funding 50 percent of these comprehensive planning programs through the Plan Administration Fee and 50 percent with General Fund revenue. The Plan Administration Fee Analysis (February 28, 2008) assumed future General Plan Update costs of just over $6 million. The fee has been collected since 2008 and has funded staff costs for two updates of the Housing Element, Safety Element update in 2014, the Preliminary Draft Local Coastal Plan, and work on the Development Code Modernization. The Plan Administration fund balance is currently $1.4 million with an average annual revenue over the past three years of $406,000. This revenue stream is adequate to support the added Division Manager and clerical positions along with the other implementation programs currently underway. If additional staff are not approved, Permit Sonoma could not proceed with the rezoning of parcels in Freestone, the Geyserville Specific Plan, or other new planning initiatives. In addition, Permit Sonoma would not be in a position to complete work with the Community Development Commission on the Building HOMES Toolbox in accordance with the Memorandum of Understanding and could not take on additional planning efforts related to other housing solutions such as Chanate, Roseland, or tiny homes sites. In addition, staff would have to scope the General Plan Update in 2019 and reduce its engagement in natural resource initiatives such as groundwater management.

12 Deputy County Counsel Request Many of the Comprehensive Planning priority projects will require substantial County Counsel time that has previously been funded by the Board or County. For example, the Board allocated 266 hours worth of supplemental funding for County Counsel to work on Winery Event Regulations in FY , and substantial funding will be necessary to finish the work in FYs and For example, if additional funding is provided, County Counsel will be able to advise staff and the Board on the draft guidelines that have been prepared by the Dry Creek Valley Citizens Advisory Council, their potential applicability to Sonoma Valley and Westside Road, and county-wide definitions for winery events. County Counsel also previously received supplemental funding for work on the Development Code Modernization. Substantial resources are necessary to finish the code chapters that most need legal input, staff the Planning Commission and Board in their review of the Development Code Modernization, and ensure a clear and legally defensible final product. Additional resources are also necessary for County Counsel to review the draft Local Coastal Plan, address legal questions raised by stakeholders, Planning Commission and Board of Supervisors members, and consult during the Commission s review and certification process. Increasing affordable housing likewise requires additional counsel time, including to amend the County Code to authorize workforce housing and micro-units, make changes to existing mobile home park regulations, and allow large single room occupancy facilities in multiple zoning districts. County Counsel time will also be required to assist with the Airport Area and Springs Area Specific Plan, the potential rezoning of parcels in Freestone, and other Comprehensive Planning priorities. Finally and most importantly, the last General Plan update required more than 2,200 hours of County Counsel time to staff Planning Commission and Board hearings, prepare a defensible environmental impact report, respond to legal questions, and ensure a clear, accurate, and legally defensible document. The next General Plan update is likely to require even more attorney time given new state requirements and the level of potential controversy. Whenever the General Plan update commences, County Counsel will encounter a significant increased workload of approximately 750 hours per fiscal year. County Counsel estimates the following needs in both FY and : Planning Project General Plan Update Affordable Housing Winery Event Policies Development Code Modernization Local Coastal Plan Springs Area Specific Plan Airport Area Specific Plan Freestone Zoning Changes Russian River Floodplain Restoration/Hanson Terrace Mining Pits Vacation Rentals in the LIA Zone Scoping of Geyserville Area Plan Annual need 750 hours 269 hours 266 hours 180 hours 175 hours 100 hours 75 hours 75 hours 40 hours 25 hours 25 hours

13 Sea Level Rise and Countywide Vulnerability Assessment Cloverdale Urban Service Area and Scenic Landscape Unit Total 25 hours 10 hours 2,015 hours County Counsel incurred 1494 hours representing Permit Sonoma in FY , 1436 hours in FY , and likely 1343 in FY The 1300 General Fund supported hours are not sufficient to provide regular, day-to-day advice to Permit Sonoma staff and avoid legal liabilities. For this fiscal year, the 1300 hours have been allocated as follows: Permit Sonoma Divisions Hours in FY Administration (contracts, development fees, Public Records Act requests, and subpoenas) 259 hours Engineering and Construction (building, engineering, storm water, well & septic, and County Surveyor) 321 hours Project Review (Planning Commission, Board of Zoning Adjustments, Williamson Act, and non-billable projects) 589 hours Environmental Review and Comprehensive Planning (general advice, excluding special projects) 129 hours Multiple divisions/other 46 hours Total 1,343 hours If no additional resources are provided, County Counsel could reallocate 300 hours to existing priority Comprehensive Planning projects. Up to 200 hours would be reallocated from Permit Sonoma and 100 hours from the Board of Supervisors. The 200 Permit Sonoma hours would be reallocated from the time providing general advice to the Comprehensive Planning Division, and time providing advice to the Project Review Division that overlaps with the Board s housing priorities. Any additional hours would require County Counsel to reduce services to the Board, planning staff, the Planning Commission, and/or other clients. This means that, with existing resources, County Counsel would only be able to support, through completion, one or two of the Board s priority planning projects. The resource reallocation, however, would also delay work on development projects working through the process and potentially implicate the County s obligations and deadlines under the Permit Streamlining Act. County Counsel therefore recommends adding a Deputy County Counsel position (1500 hours), to provide necessary legal support the Board s high priority Comprehensive Planning projects and initiation of a General Plan Update. This resource level is consistent with past supplemental support of special projects such as Cannabis regulations, the Community Separator Ballot Initiative, and Winery Events. Providing funding for the Work Plan prospectively allows for better budgeting, administrative efficiencies, and continuity. While the provision of legal services to PRMD is generally funded by County Counsel s net cost allowance, over the past few years, in addition to Board support for specific projects, PRMD has paid County Counsel from additional funds within its services budget to perform legal services required beyond its annual hourly allotment to support priority planning projects. These funds have generally totaled about $200,000 per year. If the Deputy County Counsel position is approved, these additional funds from PRMD would be used to fund that position. County Counsel will demonstrate

14 billing up to the cost of the position to be guaranteed by a non-departmental fund that will be reimbursed by Permit Sonoma fund balance and/or the Plan Administrative Fee. Alternatively, the Board could pursue a phased approach, in which a half-time Deputy County Counsel III is added when the General Plan Update gets fully underway. Under that approach, a half-time Deputy County Counsel would begin work immediately on priority planning projects other than the General Plan Update, including Winery Events, the Development Code Modernization, the Local Coastal Plan, and increased housing programs and projects. The Deputy County Counsel later could be funded to increase hours in the future, to work on the General Plan Update. The drawback of this approach is that often the candidate pool for a half-time attorney position is not as strong as offering a full time opportunity. RECOMMENDATION The primary focus of the Work Plan for FY will be completing programs currently underway, including completing the Specific Plans (Airport and Springs); the Local Coastal Plan Update; and Development Code Modernization. For FY , staff recommends that work efforts focus on developing Phase II cannabis regulations, enhanced housing program to comply with new state law and scoping for a future General Plan Update. Staff request input on the timing of scoping the Update and on staffing options. Staff recommends restoring the Comprehensive Planning Manager and clerical support to support the current and long-term projected work load of the Comprehensive Planning team; to undertake an update of the County s General Plan; and to fee up capacity for the Environmental Review Manager and Secretary to manage the increased work load from the new Groundwater Sustainability Agencies that will be formed by the end of this fiscal year. To insure the priority projects move forward in a timely way the recommended approach is to also fund a Deputy County Counsel III position to provide the necessary legal support. Prior Board Actions: Comprehensive Planning Work Plan After the General Plan was adopted in September 2008 the Board set priorities for a two-year work program beginning in 2011 and has continued to review and provide input on the Comprehensive Planning Work Plan about every two years. On 12/9/14 the Board set priorities for a two-year program for FY 2015/2016 and FY 2016/2017. In addition to implementation of the priority programs in the Work Plan, the Board also authorized or gave direction to staff on other priority programs based on funding availability. Board Direction On 4/25/17, the Board adopted a resolution directing staff to amend the General Plan to incorporate the 2016 Hazard Mitigation Plan. On 4/4/17, the Board adopted the County s Strategic Priorities: Healthy Watersheds, Housing for All, Rebuilding our Infrastructure, and Securing our Safety Net. On 10/11/16, the Board provided direction to staff by resolution of intention to focus new community driven standards in Sonoma Valley and Westside Road and Dry Creek, and to develop county-wide definitions for winery event policy.

15 On 3/15/16, the Board provided adopted a resolution of intention directing staff to rezone properties in specified areas with the Vacation Rental Exclusion (X) combining zone to address overconcentration of vacation rentals. On 1/12/16, the Board adopted the Building HOMES Toolbox, including several planning initiatives to address homelessness and affordable housing. On 2/27/08 the Board adopted the Sonoma County Plan Administration Fee Analysis to fund future General Plan, Local Coastal Plan, and Housing element updates. Strategic Plan Alignment Goal 1: Safe, Healthy, and Caring Community The Work Plan supports each of the four focus areas identified in the County s Strategic Plan. Continued implementation of the Housing Element programs is recommended as a high priority, which helps increase the supply of affordable housing. The Work Plan continues to ensure that zoning will be brought into conformance with the General Plan to protect open space and resource lands and support a healthy agricultural economy, and the Development Code Modernization will streamline procedures and help promote economic development. These efforts align with the Strategic Plan s focus on Economic and Environmental Stewardship. PRMD will continue to implement the County s Aggregate Resources Management Plan (ARM Plan), which aligns with the Strategic Plan s focus to Invest in the Future by helping to ensure that the County has sustainable supplies of construction aggregate and by assisting other departments and agencies with the planning of wastewater, water supply, energy, and road projects and through continued coordination and collaboration with other agencies such as, the SCTA/RCPA, Open Space District and Water Agency on Climate Protection programs. The Work Plan supports the Strategic Plan focus on Civic Services and Engagement through the Special Project team s role in staffing various advisory boards, providing information and public outreach in developing implementation programs, and through the public hearing process with the Planning Commission.

16 Fiscal Summary Expenditures FY Adopted FY Projected FY Projected PRMD Budgeted Expenses $306,026 $314,235 Additional Appropriation Requested 0 PRMD Total Expenditures 0 $306,026 $314,235 County Counsel Total Expenditures/Expenses $221,557 $228,203 Funding Sources General Fund/WA GF State/Federal *Plan Administrative Fees/Other 0 $306,026 $314,235 **County Counsel Use of Fund Balance $221,557 $228,203 Contingencies PRMD Total Sources County Counsel Total Sources Narrative Explanation of Fiscal Impacts: 0 $306,026 $221,557 $314,235 $228,203 *The Permit Sonoma positions (Division Planning Manager and Secretary), and related office expenses (FY $306,026), will be funded from the Plan Administration Fee which currently has a balance of about $1.4 million and annual revenue of about $400,000. **The County Counsel Deputy position (FY $221,557) will be supported (up to the total position costs) through hours billed to Permit Sonoma or to special projects approved by the Board of Supervisors. Over the past few years, in addition to project specific support provided by the Board, Permit Sonoma has paid County Counsel from additional funds within its services budget to perform legal services to support priority planning projects. These funds have generally totaled about $200,000 per year. Since the General Plan was adopted, staff has pursued additional funding sources for comprehensive planning programs. A General Plan Administration Fee was approved by your Board in 2008 to offset some of the costs of General Plan development and implementation. This fee revenue has covered staff costs for General Plan implementation programs and can be used for the proposed Division Manager and Secretary position to update the General Plan and other implementation measures. Other revenue sources, including Transient Occupancy Tax revenue have been used to fund housing planner position and major housing initiatives, the mining industry funds at-cost services for mining inspections and permitting, and grants are identified in the Work Plan for funding other policy initiatives (Ex B, Table 1).

17 Position Title (Payroll Classification) Staffing Impacts Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) PRMD Division Manager (JC1210) $8,253-$10, Secretary (JC0023) $3,800-$4, Deputy County Counsel III, limited term (4034) Narrative Explanation of Staffing Impacts (If Required): $9,383-$11, In Fiscal Year a planner position, secretary position and manager position was cut and the Comprehensive Planning Division was merged with the Environmental Planning Division with one manager position overseeing both divisions, now comprised of 15.5 FTE positions, not including extra help. The requested position allocation changes would balance the workload of these two sections and provide the needed management oversight of the Board s priority programs, including the upcoming General Plan update. The new positions would allow the Environmental Review Manager to focus on managing the increased work load from the new Groundwater Sustainability Agencies that will be formed by the end of this fiscal year, the ARM Program, and environmental review and permitting assistance for public projects and major private projects. Both Section Managers report to the Deputy Director of Planning. The Comprehensive Planning section manager would have 8.5 full-time staff including seven professional planners, a secretary and a part-time intern. The Environmental Review section would be renamed Natural Resources and the section manager would have 7 full-time staff, including the remaining five Environmental Specialists, one Professional Geologist, and one clerical position. Attachments: Exhibit A: Comprehensive Planning Work Plan Spreadsheet Exhibit B: Letter from Board of Zoning Adjustments, May 18, 2017 regarding Freestone commercial area Related Items On File with the Clerk of the Board: