Following a lengthy discussion that included robust opposition from members of the public who fear the Santa Clara Valley Habitat Plan will encroach on private property rights, the City Council unanimously approved the 2,800 page ordinance at Wednesday’s meeting.
Despite the 50-year, $660 million plan’s shortcomings, council members said it will “streamline” the construction and development process by reducing layers of environmental permitting from different agencies to the City Hall level.
“This, to me, is a more efficient way of following the law than doing it piecemeal,” council member Gordon Siebert said.
The habitat plan requires builders, property owners and developers to acquire a single permit when their projects propose disturbing the habitat of and thus killing local endangered or threatened species. Currently, applicants sometimes have to go through multiple agencies – including California Fish and Game and the U.S. Army Corps of Engineers – to gain approval of certain projects.
The habitat plan was scaled back about a year ago after fielding public comment to include an open space preservation area of 47,000 acres rather than the 58,000 acres originally proposed.
Some among the council and public were hesitant to approve the plan based on the San Jose City Council’s recent decision to table its approval until December. However, others noted that that city’s issues with the habitat plan were unique to San Jose, and do not apply in Morgan Hill.
About half a dozen members of the public spoke during the public hearing preceding the council’s approval. Some were developers who were not overtly opposed to the habitat plan, but had questions about it. Most expressed their disapproval of the plan as they feel it is an over-reach of the government and oppressive to private property rights as the permit fees will in some cases be higher than they are now.
“It’s a bad idea to give up property rights for something that is going to increase the complexity of life,” said Doug Spencer, a Morgan Hill business owner. “It’s hiding a different agenda, and it’s going to make it less affordable for families to be able to do what they need to do to survive.”
The council’s approval allows the city to begin implementing the plan, which could allow long-delayed public projects – such as the South County waste water master plan – to move ahead more quickly.
“I think we need to go ahead as quickly as possible,” Mayor Steve Tate said.
