Citizens have 120 days to comment on the long-awaited Santa
Clara Valley Habitat Conservation Plan and the Natural Community
Conservation Plan, a countywide plan to protect endangered species
from future development.
Citizens have 120 days to comment on the long-awaited Santa Clara Valley Habitat Conservation Plan and the Natural Community Conservation Plan, a countywide plan to protect endangered species from future development.
Public comment on the 2,000-page draft plan starts today, and will continue until April 18, 2011.
The SCVHCP imagines a contiguous 500,000-acre swath, mostly in South County, to preserve and protect 21 endangered and threatened species. Participating in the plan are the cities of Morgan Hill, Gilroy, San Jose, Santa Clara County, the Santa Clara Valley Water District and the Valley Transportation Authority.
When completed, the plan will use building permits to allow developers and home builders to build on land where the covered species live if they implement mitigation efforts. Species covered under the plan include the Bay checkerspot butterfly, California red-legged frog, California tiger salamander.
The lead sponsor of the plan is the U.S. Fish and Wildlife Service.
The costs of nearly $1 billion associated with the plan over the next 50 years include the purchase of about 48,000 acres of undeveloped habitat, as well as the perservation and maintenance of the land and species. About 45 percent of the revenue for such costs will come from development permit fees.
Most of the land to be purchased under the SCVHCP is in unincorporated areas of Santa Clara County.
Anyone who plans to build or develop the habitat after the plan is approved will be affected, as they will require the new permits.
The plan will work out to benefit the builders and property owners, as well as the cities and agencies who participate in the plan, according to former county supervisor and current water district director Don Gage, who has been involved in the drafting of the plan since he became county supervisor for the district that includes South County.
Currently, developers whose projects affect waterways or protected species must not only pass the local planning process and pay the associated fees, but also secure permits on their own time from state and federal authorities – mostly to ensure the development does not injure any animals covered by the Endangered Species Act.
The state and federal permits do not cost money, but developers typically are required to purchase comparable nearby land to mitigate any disturbance to the plant or animal in question. In addition, the process can take years due to the need for expert inspections.
Morgan Hill developer Rocke Garcia, owner of The GlenRock Group declined to comment because he does not yet know enough about the plan. Other developers did not return phone calls by press time.
The SCVHCP will use a joint powers authority to issue species destruction permits at a more local level, which will likely hasten the permit process, Gage said. Local governments will be allowed to issue state and federal permits as long as they ensure the acquisition and maintenance of a large, natural area.
A lot of the land in the SCVHCP is “undevelopable,” or is located on farms and in the hillsides, Gage said, emphasizing the importance of enacting the plan sooner rather than later, before property prices go up.
Furthermore, Gage said it’s already expensive for builders to mitigate the environmental impact of construction projects, with a single home in the city of Gilroy requiring $70,000 worth of permit fees, for example.
The current proposed rate for a SCVHCP permit is about $18,000 per acre, Gage said.
“It seems like a lot of money, when you spend that much over 50 years,” Gage said. “But if we don’t do it now … It’s cheaper to buy farmland and hillside property than developable land. (Species protection) is happening now, but anybody who has had to go through the federal fish and game (service), they’ve paid a heavy price for that, and it takes a long time.”
Cities, counties and special districts in California began using habitat conservation plans in 1982 as a way to streamline both the development process and environmental protection procedures, as the SCVHCP is intended to do.
The draft habitat plan, draft environmental impact report/environmental impact statement, and draft implementing agreement are available for download and viewing at http://www.scv-habitatplan.org/www/default.aspx.
The Federal Register notice is available at http://edocket.access.gpo.gov/2010/pdf/2010-31425.pdf.
People can comment on the plan by attending two public meetings scheduled for February. Or they can submit comments by mail to Cori Mustin, Senior Fish and Wildlife Biologist, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, California 95825; fax at (916) 414-6713; or email
R8*************@fw*.gov
.
The first public meeting on the SCVHCP will take place Feb. 9, 2011 from 6:30-8:30 p.m. at the Morgan Hill Community and Cultural Center, El Toro Room, located at 17000 Monterey Road. A second public meeting will be held on Feb. 15, 2011 from 6:30 to 8:30 p.m. at the Peninsula Conservation Center, Raptor Room, located at 3921 East Bayshore Road, Palo Alto.
