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S A M P L E O F O P R - R E C O M M E N D E D D A T A F O R C O N S I D E R A T I O N I N A N A L Y S I S O F T H I S E L E M E N T
Intent of Analysis
Recommended Data
Map military sites in relation to general plan area.
CMLUCA
Identify Unincorporated Island or Fringe Communities (Cities) or Legacy Communities (Counties)
Requirement Description:
According to legislative findings in
Senate Bill 244 (Wolk, 2011)
, hundreds of unincorporated communities in California lack
access to basic community infrastructure like sidewalks, safe drinking water, and adequate waste processing. These communities
range from remote settlements throughout the state to neighborhoods that have been surrounded by, but are not part of,
California’s fast-growing cities. This lack of investment threatens residents’ health and
safety and fosters economic, social, and
education inequality. Moreover, when this lack of attention and resources becomes standard practice, it can create a matrix of
barriers that is difficult to overcome.
The purpose of
SB 244
is to begin to address the complex legal, financial, and political barriers that contribute to regional
inequity and infrastructure deficits within disadvantaged unincorporated communities.
Including these communities
in the long range planning
of a city or county, as required by
SB 244
, will result in a
more efficient delivery system of services and infrastructure,
including sewer and water services, structural fire protection,
and other needs. In turn, investment in these services and
infrastructure will result in the
enhancement and protection
of public health and safety for these communities.
The land use element must identify fringe, island, and
legacy communities that are disadvantaged unincorporated
communities. The identification must include a description
of the community and a map illustrating its location.
General plan law defines a community as “an inhabited
area within a city or county that is comprised of no less
than 10 dwellings adjacent or in close proximity to one
another” (
Gov. Code § 65302.10(a)(1)
). SB 244 defines a
“disadvantaged community” as
a community with an annual
median household income that is less than 80 percent of the
statewide annual median household income (
Gov. Code §
65302.10(a)(2)
.)
1
Building infill development can maximize urban space and conserve resources
Image by Urban Advantage, Contra Costa County, CA
1 It should be noted that this definition of “disadvantaged community” is slightly different than the definition that applies for purposes of the environmental justice element required
by SB 1000 (Gov. Code § 65302(h)(4)(A)).
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“[I]sland communities” are defined as any inhabited and unincorporated territories that are surrounded or substantially
surrounded by one or more cities or by one or more cities and a county boundary or the Pacific Ocean (
Gov. Code § 65302.10(a)
(4)
); and “fringe communities” are defined as any inhabited and unincorporated territories that are within a city’s sphere of
influence (
Gov. Code § 65302.10(a)(3)
).
“Legacy communities” are defined as any geographically isolated communities that are inhabited and
have existed for at least
50 years (
Gov. Code § 65302.10(a)(5)
).
Certain terms within these definitions can be interpreted differently based on local context. For example, terms such as
“substantially surrounded” or “close proximity” can differ greatly between rural and urban communities.
Cities and counties should not rely solely on lists of disadvantaged unincorporated communities compiled by their LAFCO. Instead
planners must do their own independent identification of all communities that meet the definition given above. Cities and
counties may consult other agencies, organizations and reports that have identified unincorporated communities for assistance.
Planning for Disadvantaged Unincorporated Communities (
Gov. Code § 65302.10
)
(b) On or before the due date for the next adoption of its housing element pursuant to Section 65588, each city or county shall
review and update the land use element of its general plan … [to] include all of the following:
(1) In the case of a city, an identification of each island or fringe community within the city’s
sphere of influence
that is a disadvantaged unincorporated community. In the case of a county, an identification of each legacy
community within the boundaries of the county that is a disadvantaged unincorporated community but not
including any area within the sphere of influence of any city. This identification shall include a description of
the community and a map designating its location.
(2) For each identified community, an analysis of water, wastewater,
stormwater drainage, and structural fire
protection needs or deficiencies.
(3) An analysis, based on then existing available data, of benefit assessment districts or other financing alternatives
that could make the extension of services to identified communities financially feasible.
(c) On or before the due date for each subsequent revision of its housing element pursuant to Section 65588, each city and
county shall review, and if necessary amend, its general plan to update the analysis required by this section.
As part of the analysis of disadvantaged
unincorporated communities, the land use element must analyze the water, water
supply, wastewater, stormwater drainage, and structural fire protection needs or deficiencies for each community. The analysis
should consider both the horizon year and the impacts of a
changing climate
. This analysis should also consider adequacy of
groundwater
resources, and be consistent with utilities planning in the
circulation
element and the fire and flood protection
policies in the
safety
element. LAFCo municipal service reviews can be helpful in supporting this analysis.