Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Ray Mueller, District 3
Supervisor Noelia Corzo, District 2
Subject: Direction to develop an ordinance regarding detention facilities and other similar institutional land uses within unincorporated San Mateo County
RECOMMENDATION:
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Adopt a resolution directing the County Executive Officer to work with appropriate staff to develop an ordinance to prohibit, restrict, and/or otherwise regulate the siting and operation of detention facilities, and other similar institutional land uses, within unincorporated San Mateo County.
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BACKGROUND:
The federal government intends to open two detention facilities in the Bay Area, one in unincorporated Santa Clara County (near the City of Gilroy) and one in the City of Dublin. Progress on both facilities has been delayed due to legal challenges and political pressures.
Congressman Liccardo (CA-16) has proposed and led a coordinated effort in San Mateo and Santa Clara Counties to ensure that any effort to build a detention facility comply with local zoning and land use law.
As the local agency with land use authority for the unincorporated regions of San Mateo County, including the treasured San Mateo County coast, this Board is responsible for enacting land use regulations that enhance public safety and welfare and that reflect the values of County residents.
While there are no currently known plans for any government agency or private contractor to construct or operate a detention facility in the unincorporated area of the County, the present circumstances make it prudent for the County to timely develop and consider adopting regulations regarding detention facilities and similar institutional land uses.
DISCUSSION:
The construction and conversion of new detention facilities, and other similar land uses, have the potential to cause significant environmental impacts, strains on local infrastructure, zoning and land use conflicts, and other negative impacts on public health, safety, and wellbeing. Detention facilities, and other similar institutional land uses, such as correctional facilities, regardless of the owner or operator, must be sited, designed, and operated in a manner that provides for human habitation, and therefore, must provide for things such as adequate and appropriate water, sewer, energy, fire safety, and ventilation.
The County’s Zoning Regulations do not currently include specific provisions either prohibiting, restricting, permitting, or otherwise regulating the construction or operation of detention facilities, or other similar institutional land uses, on land within the unincorporated County, and the public health, safety, and well-being of the residents of the County would be better served through the adoption of such regulation in a manner consistent with applicable legal restrictions.
Pursuant to the proposed resolution, the County Executive Officer is directed to work with staff to develop an ordinance to prohibit, restrict, and/or otherwise regulate the siting and operation of detention facilities, and other similar institutional land uses, within unincorporated San Mateo County.
The County Attorney has reviewed and approved the proposed resolution as to form.
COMMUNITY IMPACT:
An ordinance to prohibit, restrict, and/or otherwise regulate the siting and operation of detention facilities, and other similar institutional land uses, within unincorporated San Mateo County will ensure that such facilities are established and operated only in ways that reflect the values of San Mateo County.
FISCAL IMPACT:
There are no net County costs associated with adoption of the proposed resolution.