Merced County starts its own ballot measure on growth

A Merced County initiative meant to hinder the destruction of farmland and open space by residential development could be watered down come November.

The Merced County Board of Supervisors unanimously voted Tuesday to put an additional referendum on the ballot that would fundamentally weaken the "smart growth" ballot initiative by exempting 2,437 acres.

The original Save Farmland initiative would require a public vote when land changes from agricultural or open space to residential use. The measure is meant to keep Merced County mainly agricultural, slowing sprawl and directing urban growth into the county's cities.

If passed, the measure would have far-reaching implications when it comes to development and planning in the county. It could stall or stop residential developments across the county, including the University Community, the university's planned mixed-used development, and take much of the power to plan out of the hands of elected officials by handing such decisions to voters.

Now, the Board of Supervisors has decided to put a measure before the voters that could alter the anti-sprawl initiative and enable further development in rural areas. If passed, the county's ballot measure will exempt several areas from the Save Farmland initiative since, they argue, those areas have already gone through the planning measures needed for urban growth and should not fall under the initiative's rules.

The areas in question are still zoned agricultural or open space.

The county argued since those areas have already gone through extensive planning and environmental review, Save Farmland shouldn't apply to them. The county also argued that the intent of the initiative isn't clear and needs clarification.

"The purpose of this referendum is not to change the initiative," said Bob Smith, director of special programs for the county. Smith said the county had to offer the measure altering Save Farmland to clear up confusing and conflicting parts of it. Notably, the changes would exempt five planned or existing communities and their Specific Urban Development Plans (SDUP), which county officials said have gone through all required stages of planning, except for rezoning. Those areas are Winton, Planada, the University Community, Delhi and the Mike Gallo-owned Yosemite Lake Estates.

Proponents of Save Farmland contend that the county's actions will fundamentally alter the intent of the initiative and confuse voters in the fall.

"The county is trying to exempt these SDUPs based on a false premise," said Alan Schoff, with Citizens for Quality Growth, the group that wrote Save Farmland. The initiative was written so that any changes of zoning from agricultural to residential must go before the voters, he said. "The approval of those SDUPs is in direct conflict with the mission of the initiative." Schoff said.

Meanwhile, opponents of Save Farmland said it would take too many powers away from elected officials and confuse future planning efforts.

Supervisor Jerry O'Banion, along with several other supervisors, said he opposes the initiative since it takes the power to make decisions about land use out of the hands of elected officials.

Schoff argues that if county leaders planned appropriately in the past, such a measure wouldn't be needed now.

Other opponents said the initiative would not only make future planning an even more political issue, but it could also affect decisions that have already been made.

Janet Young, UC Merced's associate chancellor, said the university backs the county's proposed changes to the initiative. She said the university has already gone through 15 years of planning; a vote on whether it can proceed with its development plans would further delay that process. Much of the land that will be used to build the proposed University Community is on parcels still zoned as agriculture and so would fall under the jurisdiction of the Save Farmland initiative.

Frank Borges, representing Mike Gallo, said he also opposes the Save Farmland initiative. Borges said his employer has already gone through all the required steps to build the 1,800-unit Yosemite Lakes Estates near UC Merced. It would be unfair to retroactively put the development before the voters, he added.

Schoff said putting develpments before voters is not unfair, it's democratic.

Two weeks ago the county faced two options on the Save Farmland initiative: it could either immediately enact the ordinance or put it before the voters. County officials were legally barred from changing the initiative.

The initiative, if passed by voters or enacted into law, would amend the county's general plan. The amendment would apply to land designated for either agricultural or open space use, which could only be converted to residential use by a public vote.

The initiative would lock in such rules until 2040.

More than 7,620 signatures in support of the measure were gathered by the initiative's supporters. Eighty percent of a 500-signature sample was validated by County Registrar Karen Adams on June 14.

Reporter Jonah Owen Lamb can be reached at (209) 385-2484 or jlamb@mercedsun-star.com.