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KUSP LandWatch
News
Week of August 15, 2011 to August 19, 2011
Week of August 15, 2011 to August 19, 2011
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 15, 2011 to August 19, 2011
- Monday, August 15, 2011
La Bahia
- Tuesday, August 16, 2011
The Capitola General Plan On Wednesday
- Wednesday, August 17, 2011
The Farmers’ Market And CEQA
- Thursday, August 18, 2011
Land Use And High-Speed Rail
- Friday, August 19, 2011
A Referendum On Whispering Oaks?
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 15, 2011 La Bahia |
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In 1972, local governments were approving development projects that were rapidly degrading coastal resources. In response, the people adopted an initiative measure to require local decisions to conform to state coastal protection policies. In 1976, the Legislature enacted the California Coastal Act, superseding the initiative measure. That law set up the system in place today. The basic premise of the Coastal Act is that local governments will first adopt a Local Coastal Plan that they think conforms to state coastal protection policies; once the Coastal Commission agrees, and has signed off on the so-called “LCP,” the local government can then make any decision it wants to, as long that decision is consistent with the local plan. The La Bahia project was, admittedly, inconsistent with the City of Santa Cruz plan. In other words, the City and the developer were asking the Commission to change the local plan to conform to the proposed development project, instead of proposing a project consistent with the plan. To its credit, the Coastal Commission has been very strong in upholding the idea that projects should follow the adopted plan. This was just another example. And from an overall view of how we hope to protect our coastal resources, and to make sure we don’t return to the way things were prior to1972, that’s just the right approach. For KUSP, this is Gary Patton.
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| Tuesday, August 16, 2011 The Capitola General Plan On Wednesday |
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The basic idea of land use planning is that proposed “projects” should be consistent with a pre-adopted “plan.” If this approach to land use planning is ever going to work correctly, it is very important that the adopted “plan” actually say what the community wants. If you care about land use decisions in your community (and you ought to), then you should be getting involved in the decisions that will enact or amend the basic land use planning policies that will govern project decisions. It’s fine to show up to cheer on, or to oppose, any specific development project, when it comes before a governmental agency for decision. I do encourage that. But you are behind the curve if you haven’t been involved in establishing the planning policies against which that specific project decision will be tested. Tomorrow night, Wednesday, August 17th, the Capitola General Plan Advisory Committee will be meeting in the Capitola City Council Chambers, starting at 6:00 p.m. At this meeting, members of the public will learn about and be asked to provide input on alternatives for the Bay Avenue area of Capitola. The alternatives presented are intended to:
I hope that Capitola residents will attend. For KUSP, this is Gary Patton.
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| Wednesday, August 17, 2011 The Farmers’ Market And CEQA |
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The latest edition of the AMBAG Clearinghouse Review, to which I subscribe, indicates that the Santa Cruz County Fair will make a decision, tomorrow, on the Watsonville Certified Farmer's Market, to be held at the County Fairgrounds every Sunday (except during rainy periods and during County Fair Week in mid-September). As proposed, the market will be held from 8:00 a.m. to 5:00 p.m., and will be located west of the main office building and parking lot. 140-185 vendors will be permitted. The event is expected to attract approximately 1,400 to 2,000 daily visitors. The AMBAG bulletin is a bit unclear, but it appears that the County Fair is proposing to authorize this Farmer’s Market without any formal review under CEQA. The law firm with which I am associated has been representing local residents concerned about the neighborhood and environmental impacts of activities carried out on the Fairgrounds. The basic concern of the neighbors (which has actually led to litigation) is that the Fair should allow public comment and public participation, through CEQA, before making decisions that might have adverse impacts. Interested persons on all sides of the issue might want to track down information on this current proposal. There is a link to the AMBAG website in today’s transcript. I encourage interested listeners to sign up for the Clearinghouse Review. For KUSP, this is Gary Patton.
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| Thursday, August 18, 2011 Land Use And High-Speed Rail |
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For about the last two years, I have been representing concerned residents from the San Francisco Peninsula, as they seek to make sure that any high-speed rail project ultimately constructed will not unfairly and adversely impact their residences, businesses, and local communities. As initially proposed by the California High-Speed Rail Authority, the project on the Peninsula would have been what amounts to an elevated freeway-like structure, twenty-five feet tall or more, with trains and electric lines on top of that, running pretty much the full length of the Peninsula, right through the middle of some of the nicest local communities in the state. State Senator Joe Simitian and Congress Member Anna Eshoo, both of whom represent part of Santa Cruz County, as well as the Peninsula, have worked with Assembly Member Richard Gordon, who represents areas on the Peninsula, to outline a different configuration. The Simitian-Eshoo-Gordon Plan, as it has become known, would eliminate the elevated structures, and prohibit a significant expansion of the existing Caltrain right of way. Their proposal would fit in much better with conditions in the local communities. The experience of the Peninsula with high-speed rail is a good illustration of why even the best projects need to be attentive to the “details.” And here comes my typical pitch: without your personal involvement, those “details” are apt to be overlooked! For KUSP, this is Gary Patton.
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| Friday, August 19, 2011 A Referendum On Whispering Oaks? |
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Here’s the latest news on the so-called “Whispering Oaks” project in Monterey County. You may remember that this misnamed project would cut down about 4,000 oak trees on the former Fort Ord, in order to build a transit service center and business park. It appears that this proposal may also be tied to some sort of future plan for a luxury residential development. If that turns out to be the case, the public project will have served as the “pioneer” project, opening up an area for development that would not otherwise be developable. At the moment, that is probably just speculation. What is not speculative, however, is the immediate reaction of Monterey County voters to approval of the Whispering Oaks project by the County Board of Supervisors. To be accurate, only four members of the Board voted for the project: Supervisors Potter, Armenta, Salinas, and Calcagno. Supervisor Jane Parker voted “no.” LandWatch Monterey County, whose mission is to “promote and inspire sound land use policies through grassroots community action,” has just reported that over 18,000 signatures on a referendum petition were gathered in less than thirty days. This should be enough to have the project put on the ballot for a public vote. You can get the full story by clicking on a link in the transcript of today’s Land Use Report. For those who favor public involvement in local planning decisions, this is good news! For KUSP, this is Gary Patton.
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