The courts are fond of saying that the local General Plan is the community’s “constitution for land use.” Under state law, every city and county in California must have a local General Plan, and each General Plan must address important planning issues like housing, safety, noise, conservation, open space, traffic circulation, and land use. Not only must each General Plan cover these topics, the General Plan must be “internally consistent.” As an example, a General Plan can’t propose lots of new development without having a plan to handle the traffic that such new development will bring. Finally, and this is why the General Plan is called the “constitution” for land use, every planning and permit decision made by a local government must be “consistent” with the local General Plan.

If you want to have an impact on what happens in your community, you should be trying to influence the policies contained in the local General Plan. If you are from San Luis Obispo County, or the City of Arroyo Grande, you will have an opportunity to do just that this week. The County Planning Commission is considering General Plan policies on open space and conservation, in a meeting this Thursday. The Arroyo Grande Planning Commission will consider exactly those same topics in a meeting tomorrow.

Don’t miss your chance to help plan the future of your community. There is more information below.

For KUSP, this is Gary Patton.

More Information

San Luis Obispo County Website
http://www.slocounty.ca.gov/site4.aspx

Planning Commission Website
http://www.slocounty.ca.gov/planning/Planning_Commission.htm

Planning Commission Agenda, October 8, 2009
http://slocounty.granicus.com/
AgendaViewer.php?view_id=3&event_id=61

Staff Report, General Plan Item
http://slocounty.granicus.com/MetaViewer.php?
view_id=3&event_id=61&meta_id=154917

City of Arroyo Grande Website
http://www.arroyogrande.org/

General Plan Item
http://www.arroyogrande.org/meeting-documents/
632/v-a-discussion-items.pdf

The Monterey County Board of Supervisors meets today, and there are a couple of important and interesting planning items on the Board’s agenda. At 10:30 this morning, the Board will discuss a proposal to amend the rules relating to development on floodplains. Proposed changes to Chapter 16.16 of the County Code would conform Monterey County’s land use policies to Federal Emergency Management Agency regulations and guidelines. The proposed changes include a clarification of the regulations governing subdivisions and new developments greater than fifty lots or five acres. Compliance with these federal standards will ensure that all County residents can purchase flood insurance.

At 1:30, the Board will discuss a claim of “vested rights” being advanced by the Carmel Presbyterian Church. In certain cases, a local government’s normal powers of land use regulation will be found not to apply to a property owner who has acquired a “vested right” to do something that a local regulation would otherwise forbid. At issue is whether the Church is entitled to build a Community Life Center under a previously obtained use permit, or whether the Church needs further planning approvals. Naturally, this is a controversial topic in Carmel Valley. You can get more information below.

For KUSP, this is Gary Patton.

More Information:

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

Board of Supervisors Agenda, October 6, 2009
http://publicagendas.co.monterey.ca.us/

The Floodplain Item is Agenda Item # S-1. The Vested Rights Item is Agenda Item # S-2.

The October meeting of the California Coastal Commission starts today, and is scheduled to run through Friday. If you’d like to watch the Commission in action, you can do that through a live “webcast,” available on the Commission’s website. A number of important Central Coast items are scheduled for consideration today. Among these are possible time extensions for the controversial “Poor Clares” development in Aptos, and the equally controversial “La Bahia” hotel proposal in the City of Santa Cruz.

Perhaps the most important Central Coast item (important, actually, for the future of the entire California coast) is an item relating to the “armoring” of a coastal bluff in Capitola. The Surfrider Foundation, in particular, is very much concerned that the staff recommendation, which is to allow an amendment to an existing permit, to eliminate an existing condition that prohibits future shoreline armoring, will lead to increased seawall construction virtually everywhere along the California coast. I think the concerns of the Surfrider Foundation are well founded, since all property owners deserve to be treated the same. Making exceptions to a longstanding rule for one person really means eliminating the rule itself. Santa Cruz County Supervisor Mark Stone, recently appointed to the Commission to represent the Central Coast, is getting an immediate idea of how difficult the decisions facing the Commission can be.

For KUSP, this is Gary Patton.

More Information:

Coastal Commission Website
http://www.coastal.ca.gov/

Agenda, October 2009 Meeting
http://www.coastal.ca.gov/mtgcurr.html

Webcast
http://www.cal-span.org/State_Webcast/CCC/stream_index.htm

Capitola Seawall Item
http://documents.coastal.ca.gov/reports/2009/10/W12c-10-2009.pdf

Our land use policies, of course, affect the natural and human environment, but these land use policies also affect our local economy, and our ability, within our local communities, to address social equity concerns.

It has been interesting to witness, over the years, how the California courts have come to an increasingly clear understanding of this fact. For instance, a series of cases brought under the California Environmental Quality Act, or CEQA, involve various proposals, around the state, to locate Wal-Mart stores at the periphery of existing communities. The courts have held that local communities must consider the economic and social impacts of these proposed “big box” developments on the downtowns of existing communities, since the kind of “big box” retail developments advanced by Wal-Mart and other retailers do have physical (and therefore environmental) impacts within the community.

The City of Salinas has been trying to grapple with what sort of land use regulation might be appropriate to control the adverse impacts that new Wal-Mart stores might have within that community. For awhile, it looked like there would be some meaningful regulation; now, Wal-Mart seems poised to expand its operations, regardless of the impacts this will have on the existing retail environment. For more information, see below.

For KUSP, this is Gary Patton.

More Information

Salinas Californian article on Wal-Mart expansion
http://www.thecalifornian.com/apps/pbcs.dll/article?AID=2009910010302

Monterey County Weekly article
http://www.montereycountyweekly.com/archives/2009/ 2009-Oct-01/
walmart-politics-irk-unions--may-jeopardize- measure-k-support/1/

If you are a resident of the City of Marina, the City may have a job for you. It is a “volunteer” job (I probably need to make that clear), but you might think about applying to serve on the City’s Economic Development Commission. Land use policy and economic development do go hand in hand, or at least they should go hand in hand, and this is a good opportunity to increase your involvement in key land use policy and economic development issues.

Applications for the position are due Monday, October 12th, so there is still time to apply. The Economic Development Commission is an advisory body to the City Council, and works on economic development issues facing the City. Those issues include downtown vitalization and ways to encourage businesses to locate and remain in Marina.

The Commission meets at 6:30 p.m. on the first Thursday of each month. To be appointed, you must be a resident of and a registered voter in the City of Marina.

While the City accepts applications throughout the year, individuals interested in interviewing for the current vacancy must meet the filing deadline of 5:00 p.m. on Monday. Applications are available from the Office of the City Clerk, and can also be downloaded from the City’s website. Interviews will be conducted by Mayor Bruce Delgado and City Council Liaison Member Jim Ford. Final approval of appointments by the City Council is tentatively scheduled for November.

For KUSP, this is Gary Patton.

More Information

City of Marina Website
http://www.ci.marina.ca.us/

Economic Development Commission
http://www.ci.marina.ca.us/index.aspx?NID=61

Economic Development Commission “Job” Announcement
http://www.ci.marina.ca.us/documents/Current%20Press%20Release/
September%202009%20Vacant%20Seat%20EDC%20Recruitment.pdf