Tomorrow would be a great day to spend some time with the Monterey County Board of Supervisors. You don''t need to pay to participate, and there are lots of land use items on the agenda. If you would like to attend a Board of Supervisors'' meeting in person, you should be at the Monterey County Governmental Center, located in Salinas, starting at 9:00 o''clock tomorrow morning. Monterey County also provides a “streaming video” of its meetings, so you can watch remotely if you''d like.

Here is a listing of a few of the most important land use items: Item #S-1 is a public hearing to consider an appeal of the County Zoning Administrator''s approval of a development in the Del Monte Forest. Item #S-3 will consider the latest quarterly report from the County Water Resources Agency, and Item #S-4 is a report specifically focusing on water resources in North Monterey County. Item #S-5 is an update report on a proposed Monterey County Wildfire Protection Plan. Item #S-6 is a public hearing during which the Board will decide whether or not to reaffirm its past approval of the controversial September Ranch development in Carmel Valley.

In the past, I have worked as an attorney on the Wildfire Protection Plan issue for the Sierra Club; how to handle CEQA is still a concern, as reflected in the Board report on the agenda tomorrow. There is more information in the transcript of today''s Land Use Report.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Monterey County Board of Supervisors'' Agendas
http://publicagendas.co.monterey.ca.us/

Streaming Video of the Monterey County Board of Supervisors'' Meetings –
http://monterey.granicus.com/
ViewPublisher.php?view_id=5

*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, 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.

Yesterday, I told you about what is happening today at the Monterey County Board of Supervisors. There are a lot of land use items on that Board''s agenda. Ditto for Santa Cruz County. The Santa Cruz County Board of Supervisors begins its meeting at 9:00 o''clock this morning, and there are a number of important land use related items on the Board''s agenda.

Most notably, the Board will consider a possible approach to the regulation of medical marijuana dispensaries and marijuana production houses in the unincorporated portions of Santa Cruz County. That is Agenda Item #46. You can get a link to the full agenda, and to the staff report for this item, by tracking down the transcript of today''s Land Use Report.

Also on the Board''s agenda today is a public hearing to adopt the most recent edition of the California Building Standards Code, with some proposed local amendments intended to tailor the statewide code for the specific conditions found in Santa Cruz County. The Consent Agenda includes items related to water system improvements in Davenport, and railroad crossing improvements in Aptos Village. Plus, the Board will be scheduling some important items for upcoming hearings, including a somewhat controversial vacation rental ordinance. The proposal is for a public hearing on that ordinance on December 14th.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Santa Cruz County Board of Supervisors'' Agenda
http://sccounty01.co.santa-cruz.ca.us/bds/
Govstream/ ASP/Display/SCCB_AgendaDisplay
Web.asp? MeetingDate=11/9/2010

Staff Report on Item #46 on Medical Marijuana Dispensaries
http://sccounty01.co.santa-cruz.ca.us/bds/
Govstream /BDSvData/non_legacy/
agendas/2010/20101109/PDF/046.pdf

*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, 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.

As KUSP listeners may know, I was the first Executive Director of LandWatch Monterey County. I am still a supporter, and the law firm with which I am affiliated does work for LandWatch. If you''d like to learn more about LandWatch, or to sign up for its alerts on Monterey County land use items, you can find a link in the transcript of today''s Land Use Report.

LandWatch is unusual, in that it addresses key economic, environmental, and social justice issues from the framework of land use "policy." Most people pay attention to "project" level issues: the proposed new subdivision; the shopping center development that will increase traffic; a new freeway interchange that might have growth-inducing impacts.

Those are all important, but the problem with focusing on the "project" level is that there are so many projects that the public tends to wear itself out, chasing after one problem, then another, then another, till finally they give up the chase altogether. The "policy-centered" approach works because the essence of land use law in California is that project level decisions must be "consistent" with the policy statements in the local general plan. Strong and enforceable "policy" statements can direct ultimate "project" level results.

What if this “policy centered” approach were tried statewide? Since there will soon be a new Governor, a new approach to land use policy is at least possible. Here's one vote in favor!

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

LandWatch Monterey County
http://www.landwatch.org

*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, 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.

I consider the California Coastal Commission to be the “premier” land use agency in the State of California. Decisions made by the Commission are “policy” driven, since the Coastal Act, different from most California land use laws, includes very specific policies that the Commission is directed to enforce. Furthermore, Commission staff reports are exhaustive with respect to considering every aspect of a proposed project. If you would like to get some personal testimony on that score, I bet that Santa Cruz County Supervisor Mark Stone, who represents the Central Coast Region on the Commission, could provide some personal verification. The volume of material that Commissioners are expected to master, in connection with the monthly Commission meetings, is more than just impressive; it''s daunting.

The Coastal Commission also makes it easy for the public to participate. Its jurisdiction covers the entire coast, so the Commission holds its meetings in every part of the Coastal Zone, not just in one location that would probably be most convenient for the Commissioners and the staff. This month''s meeting, which will start on November 17th, and run through November 19th, is being held in Santa Monica. Next month''s meeting will be held in San Francisco, on December 15th, 16th, and 17th, and there are likely to be some important Santa Cruz County items on that December Agenda. Mark your calendars!

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Coastal Commission Home Page
http://www.coastal.ca.gov/

Current Agenda
http://www.coastal.ca.gov/mtgcurr.html

Commission Meeting Schedule
http://www.coastal.ca.gov/meetings/mtgdates.html

*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, 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,

In Monterey County, development pressures have been greatest along the Highway 68 corridor, in North Monterey County, and in Carmel Valley. Those concerned about the overdevelopment of Carmel Valley proposed a new “Town of Carmel Valley,” so that local residents could get control over the land use decisions that affect them so profoundly. The incorporation effort failed, so it''s worthwhile to examine how Carmel Valley fared in the new Monterey County General Plan Update. The Carmel Valley Association has now published an outline and evaluation, which is available on the CVA website. You can find a link in the transcript of today''s Land Use Report.

Christine Williams, CVA President, summarized results as follows:

Much of the language that assured us some local control over decisions … was taken out.  However, thanks to the hard work of several CVA members as well as letters from a cross section of organizations and business owners, the following language was re-inserted: “All policies, ordinances, and decisions regarding Carmel Valley shall be consistent with the goal of preserving Carmel Valley''s rural character.  In order to preserve the rural character of Carmel Valley, development shall follow a rural architectural theme with design review.”

Time will tell how this general intent language will work in practice!

More Information

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Carmel Valley Association Website
http://www.carmelvalleyassociation.org/

*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, 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.