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County analyses reach opposite conclusions about growth cap
Sunday, February 24, 2008
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It looks like land-use schizophrenia.

Napa County has put forward two reports on residential development.
Both were done by independent consultants, one in 2000, one last month. Both addressed virtually the same subject: What would be the effect of a 1 percent per year cap on residential growth in the unincorporated county?

The reports came to completely different conclusions.
The 2000 report was drafted as the Napa County Board of Supervisors considered passing a law that would cap annual residential growth at 1 percent per year.

Last month’s report was issued in response to a ballot initiative that would up the ante on that law — barring the supervisors from allowing any exceptions to that 1 percent cap and forcing any large county development to go to the voters.
In the 2000 report, “unregulated growth” is painted in a negative light.

Each new home, it said, would cost the county $1,705 each year to provide police, water and other services, but would bring in only $955 per year in taxes. “This would create an average deficit for the county of Napa of $750 per home, per year,” the report reads.

Given the costs, in addition to efforts to preserve the county’s rural heritage, the county determined that controlling residential growth in unincorporated areas is “critical to preserving the public health, safety and welfare of county residents.”

Fast-forward to February 2008, when the an independent analysis of the Responsible Growth Initiative was formally presented to the Napa County Board of Supervisors.

The 2008 report warned that the same restrictions on county growth would have dire effects in the long term, because the county would be hamstrung from adding homes as needed to meet state mandates.

The report even raised the threat that the Responsible Growth Initiative might jeopardize Measure J — a popular slow-growth law that forces any zoning changes to the Agricultural Preserve to go before the voters. The 2008 report concluded that strict growth caps might lead to new legal challenges to Measure J, which faced legal challenges for years before finally winning court approval.

So what’s changed?

Victor Ajlouny, a political strategist hired by proponents of the Responsible Growth Initiative, said the chasm between the two reports illustrates how the county is biased against the initiative, which is set to go before voters in June. In his view, the county is reluctant to obstruct the prospects for development at the former Napa Pipe site. Since the Responsible Growth Initiative would do that, the county is looking to poke holes in the initiative.

“They are spending taxpayer dollars for a fair and balanced report and yet the (2008) report never addresses the positive impact on maintaining agricultural land and saving water resources ... it’s focused strictly on the negative,” he said.

Napa County Supervisor Mark Luce says the report is a neutral analysis of the measure by outside advisors, and that county officials had no say as to its conclusions.

“It’s not really our report,” he said. Luce acknowledged that the board gave the consultants instructions to look at broad policy impacts, such as what effect the initiative would have on the 2004 settlement agreement with affordable housing advocates.

In fact, that legal agreement is one of the key differences between 2000 and 2008 when it comes to residential development in Napa County.

In the lawsuit, advocates for farmworkers argued that the county was out of compliance with housing laws and needed to provide more homes. To settle the case, which the county was likely to lose, officials entered into expensive housing agreements with the cities of American Canyon and Napa. They also identified several areas in the unincorporated county where more residential development could take place — including Angwin, Moskowite Corners, Spanish Flat and land near Silverado Resort.

The idea of developing homes in several of those areas has proven controversial or unlikely because of infrastructure restrictions. As a result, the county remains at risk of running afoul of state housing laws.

That, in part, is what makes the Napa Pipe proposal for 3,200 townhomes — 20 percent of which would be set aside as affordable — a possible benefit for the county.

It is also what makes the authors of the 2008 report concerned. If the new initiative makes the county less flexible when it comes to housing, the report says, that could hurt the county in the long run.

Luce said the Responsible Growth Initiative offers no new benefits to the county, because the zoning restrictions within it are already on the books.

“All the benefits of that ordinance are in place ... its not going to reap any new benefits because the ordinance is already in place,” he said. “Those benefits were achieved in the first ordinance and now this initiative can’t claim those benefits.”
8 comment(s)

jt wrote on Feb 24, 2008 1:25 AM:

" oh shucks. this stinks. with all these political processes and stuff i really thought these people would figure it out this time. i had really high hopes. oh well. lets just stick to the basics. we are napa government and we fund our local lawyers and governments from arresting people for drinking and driving, wet and recklesses, and other than that we are worthless. So sue me. "

napablogger wrote on Feb 24, 2008 9:06 AM:

" A lot has changed between the two reports. One thing that has changed is a lot of building in Napa and American Canyon. How much can we keep infilling them up? On the books now is to develop green fields on the edge of the city, how different is that than Napa Pipe? Will state mandates lead to yet more housing on Big Ranch Rd and more clog on Trancas? Could happen. "

Napan since 1965 wrote on Feb 24, 2008 9:53 AM:

" Quotations are “lower case” and “comments” are “UPPER CASE.”

“DETERMINATIONS” IN 2000 (quoted):

“The 2000 report was drafted as the Napa County Board of Supervisors considered passing a law that would cap annual residential growth at 1 percent per year.”

“In the 2000 report, “unregulated growth” is painted in a negative light.”

“Each new home, it said, would cost the county $1,705 each year to provide police, water and other services, but would bring in only $955 per year in taxes. “This would create an average deficit for the county of Napa of $750 per home, per year,” the report reads.”

“Given the costs, in addition to efforts to preserve the county’s rural heritage, the county determined that controlling residential growth in unincorporated areas is “critical to preserving the public health, safety and welfare of county residents.”

MAKES SENSE TO ME! CREATING A “DEFICIT” OF $750 PER HOME/PER YEAR IS NOT ACCEPTABLE! IT PLACES THE “…DEFICIT FOR THE COUNTY OF NAPA” SQUARELY ON THE “TAXPAYERS,” NOT THE “HOME OWNERS”!

BUT NOW, 2008, HERE’S THE “NEW REPORT” (quoted):

“The 2008 report warned that the same restrictions on county growth would have dire effects in the long term, because the county would be hamstrung from adding homes as needed to meet state mandates.”

“Last month’s report was issued in response to a ballot initiative that would up the ante on that law — barring the supervisors from allowing any exceptions to that 1 percent cap and forcing any large county development to go to the voters.”

SO WHY NOT DO SOMETHING “RATIONAL”? INCREASE THE ALLOWANCE FROM 1% TO 2 or 3%. BUT OPENING THE FLOOD GATES FOR CONSTRUCTION OF 3,200 RESIDENTIAL UNITS IS NEITHER RATIONAL NOR ACCEPTABLE!
"

NapaCitizen wrote on Feb 24, 2008 11:58 AM:

" And I see motorists run afoul of traffic laws every day. Screw the mandates for growth. "

rogers wrote on Feb 24, 2008 1:02 PM:

" Sounds like fear-mongering to me. Even if Napa were to comply with state demands and build all those homes, the state will require yet more homes to be built. it's a never ending process that supports constant growth and building which favors developers. Most residents in Napa want the city and county to grow very slowly; developers don't! Rogal and associates want to build, build, build. The name of their group - Keep Napa Napa is rather misleading, something like the Patriot Act. Their concern is about making profit, and I don't think they give a damn about the impact of their building upon the quality of life for Napa's residents. When they are done here, they will be off to some other easy prey to do the same thing.
As I have said before, when will small agricultural counties like Napa demand state exemption or join together and file a class action suit against the state to let the counties decide their own housing needs and markets? "

mikeb wrote on Feb 24, 2008 2:27 PM:

" Big surprise, the "independant" reports reached the exact conclusions the County wanted them to, both times. I'd like to commend NVR for actually peforming jounalism on this one. "

vocal-de-local wrote on Feb 24, 2008 7:44 PM:

" Real estate development can behave as a cancer expanding into vulnerable areas. We become vulnerable when we allow growth to continue unchecked. And for those organizations who threaten lawsuit, you have become the tool for this cancer and you are ruining the quality of life for both present and future generations. You need to stop this frivolous behavior for the sake of the future. Don't you realize increasing lawsuits to force more housing will only create more of the same for the future? Where does it stop? When our population topples because such growth can no longer be supported? Is this what you seek? Or are you just throwing your ego weight around to see where it takes you? These lawsuit happy housing organizations are a crutch for uncontrolled population growth. I hope there's a counter suit on the grounds that more housing directly increases population growth which contributes to increased environmental dangers for the inhabitants of this planet. "

TheWholeTruth wrote on Feb 25, 2008 10:11 AM:

" Although this is very troubling, I think it underscores how wealthy, powerful, developers are really the driving force behind the "affordable housing" movement. Force us through a LAWSUIT to allow them to build otherwise unwanted developments?

It should be noted that our board of supervisors recently contributed to this developer frenzy by quietly increasing the price a developer could charge for an "affordable" home by 30% without bothering to seriously publishing this change. Why does this developer friendly change in law not show up in the independent consultant's report. This change, alone, (if advertised),could encourage more reasonable and measured development of affordable housine outside of the mass development schemes now being considered. The Supervisors have changed the definition of "affordible" from the previous definition of 100% of the "median value" of housing to 130% of median.

I guess my kids will simply buy the "unaffordable" , lower cost, median value home if they want to live in Napa someday rather than contributing to the 30% excess profits the developers will reap by selling the home as "affordable". I suppose this leaves those "affordable" homes for the children of the wealthier,out of town,developers to serve as weekend retreats.

We need to request that our Supervisors disclose at whose behest this gift to developers was given, and why they would make affordable housing 30% less affordable for our families. Such a price increase clearly makes it foolish for our children to purchase affordable homes for prices 30% higher than those otherwise available in the community at the median value.

There are political elements out there who honestly believe the residents and voters of this community just dropped off the pumpkin truck and will blindly believe anything. "

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