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KUSP LandWatch News
Week of January 26, 2009 to January 30, 2009

 

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 January 26, 2009 to January 30, 2009

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, January 26, 2009
CEQA And Global Warming

Today, the Governor’s Office of Planning and Research is holding a workshop on draft guidelines that would specify how governmental agencies should evaluate the possible global warming impacts of their proposed actions. Whenever someone mentions the evaluation of the possible environmental impacts of proposed governmental actions, you know they’re talking about CEQA, the California Environmental Quality Act. Today’s workshop is to present and get comments on proposed new CEQA Guidelines that specifically discuss how CEQA should take global warming concerns into account.

Anyone interested in land use policy will want to follow what happens on these proposed new CEQA Guidelines. You can get links to more information in the transcript of today’s Land Use Report.

What’s going on today is not, actually “pro-environment.” Environmental groups opposed Senate Bill 97, the bill that has required the preparation of these new CEQA Guidelines relating to global warming. CEQA is already clear (no “guidelines” required), that government agencies have to evaluate the possible impact of their actions on global warming. Thus, the current “guideline” process is being seen by developer and business interests as a possible way to limit the application of CEQA, rather than to expand it. I’ll keep you posted!

For KUSP, this is Gary Patton.

More Information

SB 97, enacted in 2007, requires OPR and the State Resources Agency to adopt new CEQA Guidelines relating to the evaluation of global warming impacts. A link to the law is provided below. A copy of the Draft Guidelines is available on the OPR Website, along with other information about the process that will govern the ultimate adoption of the Guidelines.

SB 97 (2007)
http://www.leginfo.ca.gov/cgi-bin/postquery?bill
_number=sb_97&sess=PREV&house=B&author=dutton

OPR Website
http://www.opr.ca.gov/

Webcast of OPR Workshop
http://www.calepa.ca.gov/broadcast/?BDO=1

Tuesday, January 27, 2009
North Monterey County Land Use Items

This afternoon, the Monterey County Board of Supervisors will consider future land uses in Moss Landing, with specific attention to recommendations provided by the Moss Landing Community Plan Update Committee.

The County General Plan is the “Constitution” for land use in every California county, but because General Plans are truly “general,” county governments often develop more detailed “Community Plans.” These “Community Plans” have to be consistent with the overall General Plan, but they provide much more detailed guidance about future development. Moss Landing is an important business, commercial, and residential area, and the “Community Plan” ultimately adopted for Moss Landing will have a huge impact on the future of North Monterey County.

Another item this afternoon is the Board’s consideration of an appeal of a proposed minor land division in Las Lomas. North Monterey County has water supply, traffic, and public service problems already, so Las Lomas is not, probably, the best place to create new building sites. If you follow Monterey County land use politics, however, you’ll not be surprised to learn that the recommendation to be considered by the Board is to allow the four new lots to be created, as requested by the Jehovah Witnesses South Spanish Congregation. Maybe the “new” Board will take a different position from that taken by the “old” Board.

If you care about North Monterey County, show up today to make your views known!

For KUSP, this is Gary Patton.

More Information

Monterey County Website
http://www.co.monterey.ca.us/

Board of Supervisors’ Agenda
http://monterey.granicus.com/ViewPublisher.php?view_id=5

Wednesday, January 28, 2009
State Budget Issues And Land Use

The state budget crisis exists because of a long-term and continuing failure by the Legislature and the Governor to make sure that revenues and expenditures are in balance. Anti-democratic provisions of the State Constitution are also a big factor. When tough decisions have to be made, a majority of our elected representatives can’t make those tough decisions. A “supermajority” is required. This means a minority can stop the majority from doing what the majority believes is right. That, even more than the financial challenges we face, is what has led to our current deadlock.

Most recently, the “minority” Republican Party members of the State Legislature have told the rest of the Legislature that they will not vote for the state budget, financial issues aside, unless all of the following demands are met:

  1. Offroad diesel air quality regulations must be delayed;
  2. No environmental review can be required upon disposal of surplus state property;
  3. There will be a total exemption of greenhouse gas emissions from CEQA review;
  4. There will be a weakening of pesticide reduction targets; and
  5. The global warming regulations of the Air Resources Board will have to be further studied.

Democratic Party members of the State Legislature may give into these demands, because our budget crisis is so severe. If you don’t think they should, contact your State Senator and Assembly Member immediately.

For KUSP, this is Gary Patton.

More Information:

You can get contact information on your elected state representatives at
http://www.leginfo.ca.gov/yourleg.html

Thursday, January 29, 2009
Zoning Regulations in Pismo Beach

The City Council of the City of Pismo Beach, located in San Luis Obispo County, will hold a public hearing next Tuesday, February 3rd, to consider the adoption of two ordinances affecting land use. First, the City Council will consider an ordinance that would allow developers who have received project approval to obtain an extension of time actually to build their projects. The second ordinance would do exactly the same thing, but would apply only within the Coastal Zone. The second ordinance is being considered separately from the first ordinance since any changes affecting the Coastal Zone require Coastal Commission approval. By adopting two different ordinances, instead of just one, the City Council can insure that properties outside the Coastal Zone will get the immediate benefit of any changes made, instead of having those changes delayed for several months or more, until the Coastal Commission has acted. This strategy is actually quite common for cities and counties with lands inside the Coastal Zone.

The big question is whether or not the proposed changes are good ones. Clearly, the changes will be good for developers. However, they will also mean less of a chance for the community to review previous project approvals when circumstances may have changed. There is more information in the transcript of today’s Land Use Report. I suggest that City residents consider attending the upcoming Council meeting. It starts at 4:30 p.m. at the Pismo Beach City Hall.

For KUSP, this is Gary Patton.

More Information

Pismo Beach City Website
http://www.pismobeach.org/

Information on the February 3, 2009 City Council Meeting
http://www.pismobeach.org/CurrentEvents.asp?EID=1189

City Council Agenda
http://pismobeach.granicus.com/ViewPublisher.php?view_id=2

Friday, January 30, 2009
Events in February: Mark Your Calendars!

Today, I’m giving you advance notice of two different events being held on Friday, February 20th. There is lots of time to plan ahead, and to mark your calendars.

First, the Monterey Bay Unified Air Pollution Control District and the City of Monterey are jointly sponsoring a one-day conference on “Strategies for Addressing Climate Change.” The morning will be devoted to a technical presentation on land use and air quality modeling, and I don’t recommend that part of the conference for the general public, though it will be both useful and fascinating for planning professionals. The afternoon portion of the conference, however, beginning at 1:30 p.m., does promise a program that I hope many listeners will attend. Four outstanding presenters, including Janill Richards, Coordinator of the Attorney General’s Global Warming unit, will speak on land use planning and global warming, with a special focus on SB 375, and AB 32.

Second, California State Assembly Member Anna Caballero will speak at an event hosted by LandWatch Monterey County, focusing on AB 2494, the housing related parks program. This legislation, carried by Assembly Member Caballero, creates incentives for local governments to build affordable housing in conjunction with city parks.

Both of these events will be held in the City of Monterey, and both are free, and the timing is perfect for you to attend them both! There is more information in the transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information

LandWatch Website
www.landwatch.org

For information on the Caballero presentation, contact Amy White at
landwatch@mclw.org

MBUAPCD Website
http://www.mbuapcd.org/

For more information on the MBUAPCD conference, contact Jean Getchell atjgetchell@mbuapcd.org

AB 32
http://www.leginfo.ca.gov/cgi-bin/postquery?
bill_number=ab_32&sess=0506&house=B&author=nunez

AB 2494
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2451-
2500/ab_2494_bill_20080930_chaptered.html

SB 375
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number
=sb_375&sess=PREV&house=B&author=steinberg

Archives of past transcripts are available here


LandWatch's mission is to protect Monterey County's future by addressing climate change, community health, and social inequities in housing and infrastructure. By encouraging greater public participation in planning, we connect people to government, address human needs and inspire conservation of natural resources.

 

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