Del Norte County Local
Agency Formation Commission
Resolution No. x-07
A resolution of the Executive Officer
of the Del Norte County Local Agency Formation Commission Ordering the Dissolution of the Pacific Shores Subdivision California
Water District (PSSCWD or District)
Whereas,
this action is being taken pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (California
Government Code Sections 56000 et seq.); and,
Whereas,
by policies adopted in September 2001 and subsequently amended in July 2002 and April 2004, the Del Norte County Local Agency
Formation Commission ("LAFCO") has delegated authority over these proceedings,
Whereas,
the reason for this proposal is that the Del Norte County Board of Supervisors ("County") requested the dissolution
of the Pacific Shores California Subdivision Water District in LAFCO Application 06-02,
Whereas,
a public hearing on this dissolution was called for and held by the Executive Officer of this Commission on December 18, 2007,
at the time and place for which notice was given, and at the hearing the Executive Officer heard and received all oral and
written protests, objections or evidence which were made, presented, or filed;
Whereas, LAFCO
has adopted the findings and determinations in the Report of the Executive Officer Del Norte LAFCO Determinations and
Findings for the Dissolution of the Pacific Shores Subdivision California Water District ("LAFCO Report"),
and
Whereas, when reviewing proposals LAFCO is required to consider several factors pursuant
to California Government Code Section 56668. LAFCO has reviewed these factors, both in the LAFCO Report, and in the
Specific Findings set forth below:
(a) Population and population
density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity
to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated
areas, during the next 10 years.
See sections II.A, II.B, and IV.A of the LAFCO Report. The density
of the 1963 Subdivision layout with half-acre lots cannot be found anywhere else in the neighboring lands. The closest
area of comparable density to the proposed Pacific Shores Subdivision ("Subdivision") is in Crescent City, which
is approximately 20 miles south of the Subdivision. Moreover, as the only incorporated city in Del Norte County, it
controls the major water and sewage lines.
In addition, we note that the Subdivision is located in the
middle of thousands of acres of protected public lands and waters owned by the State. To the east of the public lands
are agricultural lands, including some large dairy farms. The smaller private parcels located near the Subdivision on
Kellogg Road are 10-20 acre lots that are primarily open space, some of which are used for ranching. These parcels rely on
individual water wells and septic systems, as does most of Del Norte County. In our LAFCO Report, we note in extensive
detail the environmental and economic infeasibility of building these water or sewage systems on the lands of or near the
Subdivision.
Because the County updated its general plan in 2000, and emphasized
the importance of protecting agricultural lands, significant future growth in the area is extremely unlikely. An attached
land use map shows all of the land use activity adjacent to the Subdivision to be primarily conservation and that agricultural
uses are located further to the east. See Existing Land Use Activities in and Adjacent to the Lake Earl Wildlife
Area Map, California Dept. of Fish & Game, Eureka, Fig. 7 (Aug. 2002). See Appendix D.
Additionally, the lands of the Subdivision and Kellogg Road, the only access road leading to the property, are
subject to flooding. The District's own draft Special Study shows Kellogg Road and some of the Subdivision roads
are submerged in two feet of standing water when the Smith River floods, making access "impassable by motor vehicle."
The Special Study notes that such a flood has occurred "8 times per century," and recommends that affected lots
"should be protected from flooding by elevating structures on pad or posts." See Pacific Shores
Subdivision Special Study Draft Report July 1989, Prepared for PSSCWD by Winzler & Kelly Engineers, p.5-1, Figure 5-1
attached.
(b) Need for organized community services; the
present cost and adequacy of governmental services and controls in the area; probable future needs for those services and
controls; probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of
action on the cost and adequacy of services and controls in the area and adjacent areas. "Services," as used
in this subdivision, refers to governmental services whether or not the services are services which would be provided by local
agencies subject to this division, and includes the public facilities necessary to provide those service.
See
section II.B., II.C., III.A., III.B., III.C., and IV.A in the LAFCO Report.
(c)
The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests,
and on the local governmental structure of the county.
This proposal will have no foreseeable affect on adjacent areas, on mutual social and economic interests, and on the local
governmental structure of the county. There is no legal development in the Pacific Shores Subdivision and no development
is likely in the foreseeable future. There are currently no services provided by the Water District and the County would
continue to provide no services. Moreover, other than the dissolution of the Water District, this proposal does not
alter in any way the local government structure of Del Norte County.
The Subdivision is surrounded by nearly 10,000 acres of public lands owned by the State of California and managed by the California
Department of Parks and Recreation and California Department of Fish & Game. See DFG/DPR Ownership Map
Northern California Coast, Charlotte Peters, Dept. of Fish & Game (Sept. 2004.) (attached in Appendix D.) These
state lands comprise Tolowa Dunes State Park and the Lake Earl Wildlife Area. In addition to being surrounded by these
lands, the Subdivision is isolated from other development of comparable density within the County. As we previously
noted, to the east of the public lands are unincorporated rural lands, consisting primarily of larger agricultural parcels.
Within the Subdivision itself, nearly half
the lots are owned by the State of California; they have been purchased from willing sellers, as well as more than 200 lots
acquired through tax default, over the last few years. See subdivision overlay map compiled by Smith River
Alliance under contract with the State of California, attached.
The nearest privately owned parcels outside of
the Subdivision along Kellogg Road are zoned agricultural, and the smallest parcel is 10 acres. Keeping the Subdivision
as undeveloped open space is compatible with the neighboring open spaces and agricultural uses of property, and serves the
mutual social and economic interests of the Subdivision and adjoining properties.
For further discussion,
see sections III.A., III.B., and IV.A in the LAFCO Report.
(d) The
conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned,
orderly, efficient patterns of urban development, and the policies and priorities set forth in Section 56377.
Del Norte LAFCO's adopted policies state that "the primary objectives...are to encourage the orderly formation
of local government agencies, to preserve agricultural and open space land, and to discourage urban sprawl."
See Del Norte Local Agency Formation Commission, Adopted Policies and Procedures (adopted Sept. 2001, July 2002,
and Apr. 2004). As defined by California LAFCO, urban sprawl is described as irregular and disorganized growth occurring
without apparent design or plan. This pattern of development is characterized by the inefficient delivery of urban services
(police, fire, water and sanitation) and the unnecessary loss of agricultural resources.
According to this standard, growth in the Subdivision and areas nearby would not be planned, orderly or efficient. Moreover,
the subdivision lacks essential infrastructure, such as water and sewage facilities, and is geographically distant from basic
social and community services such as schools, fire crews, law enforcement patrols, medical services and emergency crews,
and stores. As noted, residences near the Subdivision area are zoned for agricultural uses and depend upon their own
individual wells and septic systems. Public water and sewage systems do not serve any development near the Subdivision.
The Del Norte County General Plan Revision land use
policies also prioritize clear, orderly and efficient growth patterns. For example the County seeks "to differentiate
between areas...appropriate for higher intensity urban services and land uses from areas where rural or resource uses should
be continued." See Del Norte County General Plan Element Revision: Public Hearing Draft Policy Document,
Land Use Goal 3.A. 3-19 (May 1, 2000). To fulfill this goal the General Plan states that "the County shall concentrate
most new growth within existing communities emphasizing infill development, intensified use of existing development, and expanded
services." Id. at 3.A.4, 3-19. Further "the County shall provide for an orderly outward expansion
of new urban development so that it is contiguous with existing development and district boundaries, allows for the incremental
expansion of infrastructure and public services, and minimizes impacts on the environment." Id. at 3.C.5.,
3-22.
Set against the backdrop of these policies, any development at the Pacific Shores Subdivision runs
counter to LAFCO's growth policies and the County's general plan. In contrast, the dissolution of the Water
District, and the County's plan as the successor agency to continue to provide no services and allow the Subdivision to
remain as open space, is in conformance with LAFCO's policies and the County's general plan. Therefore, dissolution
of the Water District furthers and is consistent with planned, orderly and efficient development, and with the adopted policies
of Del Norte LAFCO and Del Norte County.
(e) The effect of the
proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section 56016.
According to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, LAFCO MUST consider the effect that
any proposal has on existing agricultural lands. By steering development toward vacant urban properties and away from
agricultural lands, LAFCO assists with the preservation of our valuable agricultural resources.
Del Norte
County policies also seek to conserve and protect agricultural lands. The General Plan Update designated certain land
areas in the Resources category, where "timber and agricultural production are the primary focus. Other development
is minimal and the provision of public services is limited...These designations apply to extensive areas of the county where
good conservation practices are imperative." Id. at 3-7.
East of the State Park and Wildlife
Area that surround the Subdivision are agricultural lands that fall in the Resources category. These lands are zoned
as Agriculture General (5-20 acres) and Agriculture Prime (20+ acres). Id. at 3-7. Any future development
of the Subdivision along the lines envisioned by the Water District is in conflict with the continued conservation of these
agricultural lands. For example, the roads near the Subdivision are narrow, two-lane country roads not intended for
intensive use. Traffic produced from any construction and development of the Subdivision would adversely affect the
agricultural properties of the area and create user conflicts. This is just one example of the negative effect the Subdivision
would have on the agricultural lands in the area. Hence, the County's application to dissolve the Water District and allow
the Subdivision to remain as open space is consistent in maintaining the physical and economic integrity of agricultural lands.
(f)
The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of
assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting
the proposed boundaries.
The boundaries
of the Pacific Shores Subdivision are definite and certain and this proposal does not alter the boundaries of the affected
property in any way. See Section II.A. and Appendix A in the LAFCO Report.
(g)
Consistency with city or county general and specific plans.
This proposal is consistent with the Del Norte County General Plan and the Del Norte County Local Coastal Plan. The
Del Norte County General Plan Revision documents note that there are two areas within the coastal zone that have "not
been certified by the California Coastal Commission: the Pacific Shores/Lake Earl area and the Pt. St. George area."
See Coastal Element/ Chapter 2: Land Use, Del Norte County General Plan Revision - Revised Draft Background Report
at 2-4 (May 1, 1998). (The General Plan Revision and supporting documents were adopted in 2000.) See Appendix
E. The Pt. St. George area has since been purchased, is designated as open space, and is a County Park.
The County General Plan Revision further states that because the Pacific Shores Subdivision has not been certified by
a local coastal plan, the 1976 General Plan land use provisions apply. Id. These land use maps refer
to the Subdivision as the "Pacific Shores Special Study Area," and show that it is surrounded by County wetlands
zoning in the Resource Conservation Area. See Del Norte County General Plan, Del Norte county Zoning Map (2007)
(attached in Appendix E). The Coastal Commission's 2007 letter reiterates that the Subdivision continues to be "an
Area of Deferred Certification based on findings identifying numerous unresolved concerns about development impacts on numerous
coastal resources." See August 24, 2007 Letter from Peter Douglas, Executive Director, California Coastal Commission
to Dwayne B. Smith, President, Pacific Shores Water District at 1 (attached in Appendix C).
(h) The sphere of influence of any local agency which may be applicable to the proposal being reviewed.
The Subdivision lies within the Sphere of Influence
of Del Norte County. The County is the petitioner in this action and has no plans for development of the affected area.
Accordingly, dissolution of the Water District will not alter the County's plans for the area. In addition, because
the Subdivision is an Area of Deferred Certification, the County recognizes that "the Coastal Commission retains direct
land use permitting authority." See Coastal Element/ Chapter 2: Land Use, Del Norte County General Plan
Revision - Revised Draft Background Report at 2-4 (May 1, 1998).
As the land use permitting agency for the Subdivision, the Coastal Commission commented to LAFCO regarding dissolution and
lack of development feasibility:
The Water District was formed to find solutions to this lack of infrastructure
and it has failed to do so. More importantly, due to the location of this subdivision, the Water District is highly
unlikely to resolve the problems of developing and implementing such systems to support residential buildout. Therefore...the
Coastal Commission unanimously voted to voice its support for Del Norte County Board of Supervisors' resolution actions.
The Commission shares the Board's concern regarding the inaction of the Pacific Shores California Water District regarding
the purpose for its formation. The Commission fully supports the County in its application to LAFCO to dissolve the
Water District.
See November 15, 2006 Letter from Meg Caldwell, Chair, California Coastal Commission
to Del Norte LAFCO at 3. Although this letter has no binding affect upon LAFCO, it does indicate the minimal likelihood and
feasibility that the Water District will be able to develop water and sewer treatment for a planned development.
(i) The comments of any affected local agency.
Other than the Subdivision, the only local agency affected by the application is Del Norte County, which is the petitioner
in this matter and thus supports the dissolution.
(j) The ability
of the newly formed or receiving entity to provide the services which are the subject of the application to the area, including
the sufficiency of revenues for those services following the proposed boundary change.
See section IV.A in the LAFCO Report, which describes why the County does not intend to provide services, and why it is not
currently legally permissible, and environmentally or economically feasible for the Water District or any similar entity to
provide services.
(k) Timely availability of water supplies adequate
for projected needs as specified in Section 65352.5.
This provision is not applicable to this application. This proposal requires no water supplies because there is no plan
to develop the Subdivision or to continue to attempt to provide water and sewage services to the Subdivision.
(l) The extent to which the proposal will affect a city or cities and the county
in achieving their respective fair shares of the regional housing needs as determined by the appropriate council of governments
consistent with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7.
This provision is not applicable to this application. Development in the Subdivision is neither legally permissible
nor environmentally and economically feasible. Thus, the effect this proposal will have on Del Norte County in achieving
their regional housing needs is inapplicable.
(m) Any
information or comments from the landowner or owners.
Any and all comments submitted by landowners in the Pacific Shores Subdivision have been duly considered in the findings and
determinations for the proposal.
(n) Any existing land use
designations
The Subdivision is in an area that
does not yet have a certified local coastal plan. Because of this, the County General Plan provisions apply. The
General Plan designates the lands of the Subdivision as the "Pacific Shores Special Study Area" and show that it
is surrounded by County Wetlands zoning in the Resources Conservation Area. See Del Norte County General Plan,
Del Norte county Zoning Map (2007) (attached in Appendix E). The Coastal Commission's 2007 letter reiterates that
the Subdivision continues to be "an Area of Deferred Certification based on findings identifying numerous unresolved
concerns about development impacts on numerous coastal resources." See August 24, 2007 Letter from Peter Douglas,
Executive Director, California Coastal Commission to Dwayne B. Smith, President, Pacific Shores Water District at 1 (attached
in Appendix C).
Whereas, the territory that LAFCO approves for dissolution is contained
in the maps of Appendix A of the LAFCO Report,
Whereas, the procedure and plan for dissolution
that constitute the terms and conditions for Resolution No. , as approved by the Commission, are as follows:
1)
Upon the effective date of the dissolution the Pacific Shores Subdivision California Water District is dissolved.
2)
The boundaries approved for dissolution are contained in Appendix A of the Report of the Executive Officer Del
Norte LAFCO Determinations and Findings for the Dissolution of the Pacific Shores Subdivision California Water District.
3)
The County of Del Norte shall be the designated successor agency to all rights, responsibilities, properties, equipment, contracts,
assets, liabilities, obligations, powers, and duties of the Water District.
4) The
County of Del Norte shall immediately terminate the special tax assessed by the Community Facilities District No. 1 of the
Pacific Shores Subdivision California Water District.
5) Because the Water District
currently provides no water or sewage services to the Subdivision, and because both the Water District and the County as the
successor agency are unlikely to obtain development permits given the significant environmental and financial obstacles to
development, the County will forgo any further attempts to obtain permits to provide water and sewage services to the property.
6)
Any remaining assets of the Water District upon the effective date of dissolution, including taxes and real property, shall
be used for the benefit of the lands, inhabitants, and taxpayers within the territory of the dissolved district.
7)
The date of issuance of the Certificate of Completion shall be the effective date of this dissolution.
Now,
therefore, be it resolved, that the Executive Officer hereby determines and orders as follows:
1)
The Executive Officer, on behalf of the Commission, hereby orders the dissolution of the Pacific Shores Subdivision California
Water District, with boundaries contained in the territory described in Exhibit A of the LAFCO Report.
2)
The Executive Officer shall cause to be prepared and filed a Certificate of Completion, as required by Government
Code Sections 57176 through 57203, and a Statement of Boundary Change, as required by Government Code Section 57204.
Adopted on December 18, 2007.
Darren McElfresh
Executive Officer
