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 August 17, 2009 to August 21, 2009
- Monday, August 17, 2009
A Park Plan in Live Oak
- Tuesday, August 18, 2009
Lot Line Adjustment In San Luis Obispo County
- Wednesday, August 19, 2009
California Forward?
- Thursday, August 20, 2009
Protecting Mountain Resources
- Friday, August 21, 2009
Fire and Land Use
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.
Monday, August 17,
2009
A Park Plan in Live Oak |
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The Santa Cruz County Board of Supervisors will hold a public
hearing tomorrow, to consider plans for a proposed park on
Chanticleer Avenue in the Live Oak Area.
When I was young, parks were automatically considered to
be a desirable neighborhood amenity. The idea of local neighbors opposing a
proposed park would have been near to unthinkable. In the
mid to late 1970's, the opposite seemed to be true,
and there was hardly ever a local park proposal that didn't
generate significant neighborhood opposition. Nowadays, local
officials usually go out of their way to include local neighbors
in park planning. That kind of public outreach has definitely
taken place with respect to the proposed Chanticleer Park,
and the public hearing tomorrow gives another chance for
public comment.
In the City of Santa Cruz, a parks-related controversy may
be brewing, associated with a lack of public review.
The City Parks Department staff has reportedly decided to
turn the popular Ocean View Avenue Park into a "dogs
run free" facility. Since that park has been specially
designed for and is populated by young children, this seems
like a decision that should require more public involvement.
The proposed change could certainly generate controversy,
not to mention possible City liability. Nonetheless, the
City staff is apparently proposing to make that change
without City Council review or any public hearing.
For KUSP, this is Gary Patton.
More Information
Santa Cruz County Board of Supervisors' Agenda for
August 18, 2009 Meeting –
http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/ASP/
Display/SCCB_AgendaDisplayWeb.asp?MeetingDate=8/18/2009
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Tuesday, August
18, 2009
Lot Line Adjustment In San Luis Obispo County |
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Both the Santa Cruz County and San Luis
Obispo County Boards of Supervisors are meeting today, and
whenever a Board meets you can bet that a land use related
item or two is on the agenda.
I was particularly interested to see that the San Luis Obispo
County Board of Supervisors will be considering a proposed "lot
line adjustment." It's my view that the most
important land use decisions made by local governments are
usually those that create new buildable parcels. Once a new
parcel is created, the so-called "property rights" of
the parcel owner generally result in the ultimate development
of the parcel. Development, not the subdivision itself,
is what causes environmental and other community impacts,
and because those impacts come later, sometimes many years
later, it's not always clear what kind of effects a
land division will cause. Supposedly, a "lot line adjustment" doesn't
create any new parcels; it just rearranges the boundaries
of existing parcels. Theoretically, therefore, a "lot
line adjustment" shouldn't create any new impacts.
In fact, though, when a lot line adjustment is approved,
the result is often to create a new "buildable" parcel,
and thus these decisions do have significant impacts.
The item tomorrow would affect very remote lands near Nacimiento
Lake, adjacent to the Monterey County line. Not a place where
development should be encouraged. There is more information
below.
For KUSP, this is Gary Patto
More Information:
Agenda, San Luis Obispo County Board of Supervisors
http://slocounty.granicus.com/
AgendaViewer.php?view_id=2&event_id=55
Staff Report, Agenda Item # C-2
http://slocounty.granicus.com/
AgendaViewer.php?view_id=2&event_id=55
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Wednesday, August
19, 2009
California Forward? |
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A group called "California
Forward" has now issued a set of recommendations
for the proposed reform of California state government.
State government reform is probably necessary in connection
with, or as a prelude to, reform of state land use policy.
The changes proposed by California Forward include:
- A two-year budget cycle.
- A simple majority vote in the Legislature to
pass budgets rather than the current two?]thirds vote.
- Maintaining a two-thirds requirement for tax
increases.
- A demand that legislators identify funding sources for
new programs.
- Giving counties authority to distribute property tax
revenue.
- Giving local government legal ownership of some funds.
The proposal would also allow cities, counties and school
districts to raise funds for long-term purposes with just
a majority approval from the voters. Currently, voter-approved
Proposition 218 requires that local taxes funding specific
items be approved by at least two-thirds of the voters.
The California Forward group includes Santa Cruz County
Treasurer Tax Collector Fred Keeley. The group hopes
that the State Legislature will
place the reform package on next year's ballot. If the Legislature
won't act, the group says it's ready to launch
an initiative petition campaign. You can get more information
on the California Forward proposal below.
For KUSP, this is Gary Patton.
More Information:
Sacramento Bee Story on California Forward Proposal
http://www.sacbee.com/topstories/story/2111432.html
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Thursday, August
20, 2009
Protecting Mountain Resources |
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A local land use activist recently sent me a clipping about
new legislation in the State of North Carolina establishing
a state Mountain Resources Commission.
The North Carolina legislation included findings that "millions
of tourists travel to the mountain region of Western North
Carolina to see and experience the natural beauty of the
mountains, including the vistas near national parks, national
forests, state parks, and state forests. This tourism is
vitally important to the economy of Western North Carolina," yet
this "same beauty and natural abundance … is
being adversely affected by land-use practices that are negatively
impacting the public's enjoyment of the[se] important mountain
resources."
As I read about this recent legislation, I couldn't
help but be reminded of the California Coastal Act. As enacted
by the Legislature in 1976, the Coastal Act was motivated
by the same kind of environmental and economic concerns that
motivated the enactment of the North Carolina "Mountain
Resources Planning Act." Check out the findings in
the Coastal Act, to see the parallels.
Thinking about California's contemporary land use
challenges, it strikes me that North Carolina might have
a lesson for us. The Sierra Nevada region is under the same
kind of development pressure that has been impacting the
mountains of Western North Carolina. Maybe it's time
to use the Coastal Act model for our own threatened Sierras.
For KUSP, this is Gary Patton.
More Information
Article on North Carolina Mountain Resources Commission
http://www.ens-newswire.com/ens/
aug2009/2009-08-12-093.asp
California Coastal Act
http://www.coastal.ca.gov/ccatc.html
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Friday,
August 21, 2009
Fire and Land Use |
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The terrible Lockheed Fire in Santa Cruz County should cause
us all to think about how land use policy might be reformed,
to help prevent future wildfire threats. In a time of increasing
global warming, those threats will only get worse.
Land use policies that would prevent the future subdivision
and development of lands in remote mountain areas could help
prevent future tragedies. It's the structures and the
people who live in them who are most endangered by mountain
wildfires. The mountains themselves, though not immune from
impacts related to wildfires, are largely able to regenerate
themselves. In fact, in many areas, wildfires are actually
necessary for the environmental health of the region. Where
residential and other developments are located within areas
prone to wildfires, however, dangers to human life are multiplied.
And, of course, the cost of fighting such wildfires
is also multiplied.
Existing lots are already "with us," but the
future subdivision of mountain areas where there is a high
fire danger is a prescription for future disaster. The problem
is not unique to Santa Cruz, Monterey, and San Luis Obispo
counties, either. The Sierra Nevada are particularly threatened
by the parcelization of steep mountain lands, and groups
like the Sierra Nevada Alliance are trying to focus public
attention on how land use policy can help avoid the grief
and incredible costs associated with the destruction of residential
areas by wildfires.
For KUSP, this is Gary Patton.
More Information
Mid County Post Article on the Lockheed Fire
http://www.mcpost.com/article.php?id=2128&PHPSESSID
=7d8b23e647808ab81100a07c079426e4
Sierra Nevada Alliance Website
http://www.sierranevadaalliance.org/
Dangerous Development: Wildfire and Rural Sprawl in the
Sierra Nevada
http://www.sierranevadaalliance.org/publications/
publication.shtml?type=pgm02
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Archives
of past transcripts are available here
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