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Funding Open Space Acquisition Programs INSTITUTE FOR LOCAL GOVERNMENT Funding Open Space Acquisition Programs: A GUIDE FOR LOCAL AGENCIES IN CALIFORNIA Distribution. for Funding provided by: The Resources Legacy Fund www.resourceslegacyfund.org Not Primary Contributors Bill Higgins, Institute Staff Anya Lawler, Land Use Consultant Margaret Moore Sohagi, Fox & Sohagi Only. Betsy Strauss, Special Consultant to the League of California Cities Terry Watt, Land Use Consultant Use Additional Contributions JoAnne Speers and Charles Summerell, Institute Staff Additional Review Provided by Car ol Baudler, The Nature Conservancy Rachel Dinno, Trust for Public Land Robert Spencer, MuniFinancial Personal Craig Steele, Richards, Watson & Gershon Gerard Van Steyn, Shilts Consultants, Inc. All decisions regarding the final content of this guide were made by the Institute for Local Government. For Remember to always consult a knowledgeable attorney when confronted by legal issues. (i Distribution. for Not Only. Use Funding Open Space Acquisition Programs: A Guide For Local Agencies In California © 2005 by the Institute for Local Government 1400 K Street, Suite 400 Sacramento, CA 95814 Personal (916) 658-8208 www.ilsg.org To order additional copies of this publication, please contact For CityBooks at (916) 658-8257 or www.cacities.org/store. ii) T able of contents Introduction and Overview ...............................................................................................v Part I: Assessing an Open Space Acquisition Program’s Feasibility 1. Gauging Open Space Needs and Opportunities ......................................................................1 2. Determining the Public’s Interest ...........................................................................................11 Distribution. 3. Projecting Maintenance and Management Requirements ....................................................21 4. Analyzing Funding Needs and Sources...................................................................................29 for Part II: Understanding Key Open Space Funding Mechanisms Not 5. Pursuing Grants for Open Space Acquisition ........................................................................41 6. Imposing Development Fees ...................................................................................................47 7. Placing Agency-Sponsored Tax Measures on the Ballot........................................................57 Only. 8. Creating Benefit Assessment Districts ....................................................................................69 9. Using Bonds and Debt Financing ...........................................................................................83 Use Part III: Implementing the Acquisition Program 10. Selecting Properties for Acquisition........................................................................................93 11. Going Through the Acquisition Process ................................................................................99 12. Partnering with Nonprofits: Pros and Cons.........................................................................107 Personal For (iii iv ) Distribution. for Not Only. Use Personal For INSTITUTE FOR LOCAL GOVERNMENT Introduction Introduction and Overview Distribution. for Not You cannot save the land apart from the people or the people apart from the land. Only. Y — WENDELL BERRY Conservation means harmony between men and land. Use When land does well for its owner, and the owner does well by his land; when both end up better by reason of their partnership, we have conservation. — ALDO LEOPOLD We have fallen heirs to the most glorious heritage a people ever received, and each one must do his part if we wish to show that the nation is worthy of its good fortune. Personal —THEODORE ROOSEVELT For (v Introduction Introduction and Overview OPEN SPACE ACQUISITION tect endangered species habitat and help keep the air and water clean. • Open space can prevent costly flood damage. Protection of a floodplain is a cost-effective alternative to expensive flood control projects, flood insurance, and disaster relief. • Open space can provide an alternative to regulation. Land or development rights, acquired from willing sell- ers, can relieve regulatory pressure on private property owners. Distribution. • Open space can secure our quality of life and our lifestyle. When a community’s most treasured places I n California and across the nation, more and more com- are preserved, so too are its character and quality of life. munities are developing comprehensive open space protec- for tion programs. Rather than being viewed as an “extra,” open space is seen as critical to a community’s long-term success. DEFINING A CONSERVATION VISION Protecting open space can create healthier, more livable, Before a local agency can answer questions about what economically sound communities. Consider these benefits: Not type of open space protection program is right and how • Open space is good for the bottom line. Investing in to fund it, the community must first develop a broad con- open space can save communities money by reducing servation vision. While historically decisions about open infrastructure and public service costs associated with space protection have often been made in response to expensive suburban style development and bolstering development threats on particular pieces of property, this type of approach is less than ideal. Developing a vision local tourism and agriculture. Real estate analysts pre- Only. dict long-term economic advantage will go to communi- allows a community to be proactive and integrate open ties that are able to guide growth using land conserva- space into a broader plan for what it wants to look like in tion and other smart-growth measures. the future. By defining a vision for open space early on, a local agency can guide development in a way that follows • Open space attracts home buyers. Open space and trails sensible growth patterns and protects the places the com- Use are among the top community features buyers look for munity values most. when choosing a home. People are often willing to pay more for homes located close to open space, which ben- In many cases, in developing an open space vision a com- efits local agencies through higher property tax rev- munity will have to reevaluate the goals and policies of its enues. Studies have also shown that homeowners prefer general plan to integrate transportation planning, land clustered homes with access to permanently protected use planning, and zoning with land conservation. land to homes on larger lots that lack open space. Protecting land can then become one component in a larger effort to grow wisely and improve the overall quali- • Open space protects public health. Land use practices ty of life in a community. that create runoff, such as paving, are one of the biggest Personal threats to public drinking water supplies. Assuring that Communities have also achieved success by exclusively certain areas remain as open space reduces this threat by implementing an open space protection plan. For some creating a balance between developed and undeveloped communities, this is the first step toward the development of a more integrated general plan. The bottom line: it is areas, thus protecting public health. For up to each community to define and implement a unique • Open space protects the environment. By protecting conservation vision—one that addresses the environmen- open space, forestlands, and wetlands, communities pro- tal needs of the region and the priorities of its residents. vi) Introduction INSTITUTE FOR LOCAL GOVERNMENT Introduction and Overview Developing an Open Space Conservation Vision The following are the goals and objectives of Placer County’s Placer Legacy Open Space and Agricultural Conservation Program. Goal Statement Key Elements Placer County has been blessed with extensive and The Placer Legacy Program will: diverse natural resources. It is the goal of this project • Provide a wide variety of ownership, preservation, to develop a specific, economically viable implementa- and funding methods to address the diverse circum- tion program which will enable the residents of Placer stances present in the county County to preserve a sufficient quantity of these Distribution. resources to maintain a high quality of life and an • Benefit the county’s economic future by clearly abundance of diverse natural habitats while support- maintaining the county as an outstanding place to ing the economic viability of the County and enhanc- live and do business for ing property values. The project will further the vari- • Maintain local land use control by taking a leader- ous open space and natural resource goals of the ship role in the preservation of endangered species Placer County general plan and associated general and habitat protection plans of the six cities in Placer County. • Identify open spaces of importance to residents of Not Objectives the cities as well as the unincorporated area •Maintain a viable agricultural segment of the • Improve certainty in the regulatory process economy •Design the program to allow phasing and early • Conserve natural features necessary for access to a opportunities for successful implementation variety of outdoor recreation opportunities Only. Measures of Success • Retain important scenic and historic areas In developing the program, priority will be given to • Preserve the diversity of plant and animal commu- ensuring that nities • The process involves
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