Smart Voter
Orange County, CA June 2, 1998 Primary

El Toro Land Bank

By Sandra Lee "Sandy" Genis

Candidate for County Supervisor; 2nd District

This information is provided by the candidate
Using El Toro to benefit the entire County

SANDY GENIS FOR SUPERVISOR

ISSUE: El Toro Land Bank

We have a unique opportunity before us. County wide, as the economy improves, pressure exists to develop thousands of acres of open space. This ranges from urban infill to relatively untouched areas offering irreplaceable resources ranging from sensitive habitat, cultural resources, and spectacular public views. Every day, we read in the papers about efforts to develop areas like the Bolsa Chica Mesa, the Dana Point Headlands, or essential wildlife corridors. While it would be desirable to preserve many of these areas, we must recognize the rights of property owners to a reasonable return on their property investment.

At the same time, we have an enormous land bank in our midst, one for which no private development rights exist. Development of the El Toro Marine Base is currently in the planing process. Unlike other areas, there is no private property owner currently vested in the site. Thus, any development rights to the base are still in the public domain.

We can take the opportunity to trade rights to develop land at the 4,700 acre El Toro for rights to develop on sensitive sites county-wide, not unlike the NCCP program, under which development of habitat areas may proceed, provided additional habitat is preserved and/or improved elsewhere. Areas from which development would be transferred could include sensitive habitat and wildlife corridors as well as recreational open space in areas of the County which are under served. Such swaps have been pursued successfully elsewhere.

This program could benefit people in all areas of the County, as resources in each area of the County were preserved. Thus, rather than splitting the County, we can bring the County together, as we all benefit together.

How would this affect existing planning for El Toro?

This would dove-tail with existing planning efforts. Development rights could be swapped for the right to develop under various planning scenarios, including the Millennium Plan. Trades for development rights would not determine future uses, but future uses would determine the appropriate swaps.

What would be the environmental impact of this program?

Elimination of development from environmentally sensitive habitat areas or areas containing cultural resources would eliminate impacts on these resources. The intent would not be to "dump" development at El Toro, but to pursue trades under a well thought out plan. The point to remember is that at El Toro, all development rights are currently in the public domain.

Net development would probably decrease, inasmuch as El Toro would still be developed regardless of what other areas were preserved or developed. Thus, preservation of open space countywide in trade for rights to develop at El Toro would result in a net reduction in development and related traffic, noise and air emissions. In deveoped areas experiencing severe traffic congestion, consideration should be given to providing open space green belts on remaining vacant land, potentially reducing future increases in congestion.

Why should a land owner or developer be interested in this program?

In many cases, development approvals are obtained only after a lengthy series of rancorous hearings, litigation, and even public referenda. These create uncertainty for the investor. Further, they are quite time consuming, and carrying costs grow with time. If there were some assurance that a guaranteed level of development could be achieved in a set time frame, assuming market forces existed, that would eliminate uncertainty and reduce carrying costs, much as the NCCP program is designed to reduce uncertainty.

Would this require a one for one trade?

Trades would have to be based on fair appraisals of residual land value with current development entitlements and access to infrastructure.

Wasn't this already tried in Orange County before?

An attempt was made to arrange a swap a few years ago, but this was quashed for political reasons. However, there is no practical reason this could not occur, provided the political will existed. In the case of the County bankruptcy, County government lacked the political will to solve the bankruptcy without a tax increase until the people of Orange County said "NO!" to more taxes. The political will of the voters required that an alternate solution be found. Similarly, if the political will does not currently exist with the powers that be to pursue creative alternatives to preserving open areas, the people of Orange County must generate that will.

What would be the first step?

First, we must make it clear to public officials at every level of government, starting at the Federal level, that the desire exists for such a program on the part of the community. Constituencies already exist for preserving many of the priority areas. Rather than competing for scarce funds, these constituencies must work together to support the El Toro land bank concept. Next, we should develop an inventory of needs, with those areas in most imminent danger to receive priority.

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Created from information supplied by the candidate: May 27, 1998 09:44
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