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KUSP LandWatch News
Week of April 3, 2006 to April 7, 2006

 

KUSP provided a brief Land Use Report on KUSP Radio from January 2003 to May 2016. Archives of past transcripts are available here.

Week of April 3, 2006 to April 7, 2006

The following Land Use Reports have been presented on KUSP Radio by Gary A. Patton. The Wittwer & Parkin law firm is located in Santa Cruz, California, and practices environmental and governmental law. As part of its practice, the law firm files litigation and takes other action on behalf of its clients, which are typically private individuals, governmental agencies, environmental organizations, or community groups. Whenever the Land Use Report comments on an issue with which the Wittwer & Parkin law firm is involved on behalf of a client, Mr. Patton will make this relationship clear, as part of his commentary. Mr. Patton’s comments do not represent the views of Wittwer & Parkin, LLP, KUSP Radio, nor of any of its sponsors.

Gary Patton's Land Use Links

 

Monday, April 3, 2006
Motorcycles in Atascadero
I recently received an email from a resident of the City of Atascadero, raising concerns about an action taken by the Atascadero City Council on March 14th. It turns out that the City Council has decided to allow property owners in residential zones in Atascadero to use off-road motorcycles on their property. The noise impacts visited on adjoining neighbors can obviously be substantial, and the resident who contacted me has concluded that his family is going to have to move from Atascadero, after living in the City for over 25 years.

In general, local elected officials can determine what land uses are appropriate, and where they’re appropriate. There is no “property right” to ride around on a motorcycle on your property. You need permission of some sort, by way of a land use designation that allows that. In this case, the City Council has obviously felt that letting people ride motorcycles on their own property is “ok,” but I noticed that this zoning change was “inconsistent” with the City’s own noise ordinance. The Council is planning to amend the noise ordinance to eliminate the inconsistency. But here’s another question: “Is the zoning ordinance that allows motorcycle use consistent with the General Plan?” If it’s not, then it’s illegal, and a court should prevent the Council from allowing motorcycle use, at least until the General Plan is amended to permit that kind of noisy intrusion into a quiet residential neighborhood.

For KUSP, this is Gary Patton.

More Information

City of Atascadero Website
http://www.atascadero.org/

Agenda, March 14, 2006 Meeting
http://www.atascadero.org/council/
meetings.php?mode=view&meeting_id=702

Staff Report, March 14, 2006 Meeting
http://www.atascadero.org/media/council/
1640206031406-MotorcycleNoiseUpdate.pdf

City of Atascadero General Plan
http://www.atascadero.org/future/final.pdf  [Safety & Noise Element at Page IV-1]

Tuesday, April 4, 2006
A Creeks To Sewers Program in San Luis Obispo

You may have heard about “rails to trails.” This is a national movement to convert unused rail right of ways into pedestrian and bicycle paths, and as a matter of fact, there’s a local effort underway in Santa Cruz County.

The City of San Luis Obispo seems to be forging a “creeks to sewers” program, something quite a bit different. According to an article published on March 24th in the San Luis Obispo Tribune, the City is considering doing what no other agency along the Central Coast has ever done: removing a body of water’s designation as a drinking water source, so they can use it for wastewater discharges. “We are really concerned that we will have to treat our water to a high level for a use that does not exist,” says David Hix, the City’s wastewater division manager.

The Regional Water Quality Control Board, which just happens to be based in San Luis Obispo, though its jurisdiction extends north to Santa Cruz County, didn’t have a positive response. “We think it would be a step backwards,” said Matt Thompson, a water resource control engineer with the Regional Water Quality Control Board, “and staff cannot…support it.”  

City utility managers say that no one uses the surface waters of San Luis Obispo Creek for drinking anyway, and that eliminating its drinking water designation will save the taxpayers money. Money versus the environment is nothing new. This time, it looks like the environment is going to win!

For KUSP, this is Gary Patton.

More Information

News Article, March 24, 2006
http://www.sanluisobispo.com/mld/sanluisobispo/14175276.htm

Wednesday, April 5, 2006
The California Climate Act of 2006

On March 28th, on the recommendation of Mayor Matthews, Vice Mayor Reilly, and Council Member Coonerty, the Santa Cruz City Council adopted a resolution in support of Assembly Bill 32, the California Climate Act of 2006.

Global warming poses an overwhelming challenge to all of us, and we need to respond. The population of the United States is only 5% of the world’s population, but we emit 30% of the global warming pollution that is putting our planet at risk. I recently heard former Vice President Al Gore talk about global warming, and this was emphatically not your typical political speech. It was a well-researched PowerPoint presentation, quoting the science, and the only conclusion you could draw was that we need to take the boldest and quickest action possible. That will include reform of our sprawling land use patterns. Assembly Bill 32, authored by Assembly Member Fran Pavley, would make a very significant step in the right direction. As the Executive Director of the Planning and Conservation League, let me say that passing AB 32 is one of our highest priorities.

I would like to urge you to get involved in the effort. One good way would be to attend PCL’s 2006 Legislative Symposium, a “Climate of Change,” scheduled for Saturday April 29th.

For KUSP, this is Gary Patton.

More Information

AB 32
http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_32_bill_20050815_amended_sen.pdf

March 28, 2006 City Council Agenda
http://www.ci.santa-cruz.ca.us/ [Agendas and Minutes]

Staff Report, Climate Change Item
http://www.ci.santa-cruz.ca.us/ [Link part of Agenda Item 14]

More Information on the PCL Symposium
http://www.pcl.org/climateofchange.pdf

Register for the PCL April 29th Symposium in Sacramento
https://secure.ga1.org/05/06symposium

Thursday, April 6, 2006
Tomorrow Evening In San Luis Obispo

World renowned botanist and ecologist Peter Raven will be speaking tomorrow evening at Cal Poly. The Washington University professor is a world leader in the environmental movement. An article about him in Discover Magazine is titled, “Peter the Great,” and he was Time Magazine’s 1999 “Hero for the Planet.” Raven received the National Medal of Science Award in 2000, and was appointed a MacArthur Fellow, this being the so-called “Genius Award.” Together with Paul Ehrlich, Raven developed the theory of coevolution in the 1970s. His talk tomorrow evening is titled, “Biodiversity, Sustainability and the Modern University.” It begins at 7:30 p.m. in the Mott Gym. The lecture is free and open to the public.

While Raven is visiting Cal Poly, he will tour the campus, meet with senior officials, and with representatives of groups engaged in efforts to advance biodiversity and sustainability, and will offer suggestions. I am hoping that KUSP listeners in San Luis Obispo County will be able to attend this lecture, and will highlight, in their questions and comments, the important role that good land use policies play in maintaining biodiversity.

Something else is going on tomorrow evening in San Luis Obispo, and that may be of interest.  HopeDance is sponsoring two films on “Peak Oil,” which will be shown at the San Luis Obispo Library, starting at 7:00 p.m.

For KUSP, this is Gary Patton.

More Information

For more information on the talk, contact Steven Marx at 805-756-2411 or smarx@calpoly.edu

Press Announcement
http://calpolynews.calpoly.edu/news_releases/2006/March/earth.htm

HopeDance Website
http://www.hopedance.org/

Flyer for “Peak Oil” films
http://www.hopedance.org/new/film_flyers/Peakoil.pdf

Friday, April 7, 2006
Next Hearing On The Watsonville General Plan

On Tuesday, April 11th, the Watsonville City Council will hold another hearing on its proposed new General Plan. As before, I’m urging Watsonville residents to get involved. Send me your comments and suggestions.

Every city and county must adopt a comprehensive General Plan to govern its future growth, and the General Plan is like the “Constitution” for land use in the community. It “trumps” everything else. If you were listening Monday, you heard about a zoning change in Atascadero that will allow property owners in residential zones to ride motorcycles on their property, even though the noise impacts will be severe. This decision by the Atascadero City Council is arguably inconsistent with the Atascadero General Plan. If so, it’s illegal, and the Council can’t legally make that decision, at least not unless they amend their General Plan first.

If you care about land use and the future of the City of Watsonville, now is the time to get involved.

The hearing next Tuesday will focus on land use requests (requests by land owners for designations that will facilitate proposed development), public services, and public hazards. The stakes are high when communities make long term plans on these issues.

For KUSP, this is Gary Patton.

More Information

The April 11th hearing will be held at 250 Main Street, Watsonville, and will begin sometime after 6:30 p.m.

Watsonville City Website
http://www.ci.watsonville.ca.us/

Hearing Notice
http://www.ci.watsonville.ca.us/public%20
hearing%20notices/GeneralPlanUpdate.pdf

General Plan information
http://www.watsonvillevista.info/

Draft of proposed Watsonville General Plan
http://www.watsonvillevista.info/page3.html

Archives of past transcripts are available here


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