The medical use of marijuana, for those who have obtained a proper prescription, is now legal. That means that there is, essentially, a new business operating in Santa Cruz County (and of course in other California counties, too). There may actually be two businesses. There is the business of growing marijuana, and then there is the business of dispensing it. Individuals are also legally permitted to grow their own marijuana for their medically authorized use.

The Santa Cruz County Board of Supervisors is out in front of many California counties, as it tries to develop and implement a regulatory program that will cover all of these aspects of the medical use of marijuana. Agenda Item #54 on tomorrow’s Board agenda is an ordinance focusing on “dispensary” rules. Agenda Item #55 is directed towards the “growing” part.

Growing marijuana can have major neighborhood and environmental impacts. County Supervisor Zach Friend thinks that it may be best for the Board to say that marijuana growing is not permitted, but then to provide a “limited immunity” if a person is growing no more than twenty-five plants per parcel. Sending out inspectors to count plants sounds like a difficult new enforcement obligation. Another approach that the Board will almost certainly consider is to apply the County’s existing rules governing agricultural operations. There is more information at kusp.org/landuse.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Agenda Item #54 – Medical Marijuana Business Activities
• Agenda Item #55 – Medical Marijuana Cultivation Ordinance

The website of the California State Division of Oil, Gas & Geothermal Resources has a banner headline reading “Welcome.” Critics of DOGGR, as the Division is most popularly known, think that this “Welcome” message is especially directed to the oil industry.

DOGGR has just released a set of proposed new regulations on the use of “well stimulation.” “Well stimulation” is a euphemism for fracking. The just-released public notice begins a 60-day public comment period. DOGGR is aiming to put the proposed regulations into effect on January 1, 2015. DOGGR also plans to have emergency regulations in place by January 1, 2014, to comply with recently enacted state legislation.

DOGGR claims that its regulatory proposals will protect public health, safety, and the environment. Many environmental organizations disagree. The Sierra Club has already released a brief statement on the proposed new regulations, saying, among other things, “to effectively protect public health and the environment, the state needs a moratorium.” Twenty of the nation's top climate scientists have sent a letter to Governor Jerry Brown, telling him that his plans for increased fracking will increase pollution and run counter to his efforts to cut California's global warming emissions.

Links to more information are available below.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Public Notice of Proposed Regulations
• Public Notice on EIR For Fracking Operations
• Text of Proposed Regulations
• Senate Bill 4 – The “Pavley Bill” on Fracking
• Center For Biological Diversity Fact Sheet on Fracking
• Food & Water Watch Fracking Action Center
• Sierra Club Comment on Proposed Regulations
• Mercury News Article – Scientists Call For Fracking Ban

Local agencies make most land use related decisions, but state government is the “basic” level of government in our system. State agencies, when they get involved, and state regulations, when they apply, almost always trump what local agencies might want to do. Citizen activists need to keep this in mind, whether their focus is on “fracking,” or on water supply projects, or on something else.

One state agency that can intrude significantly on what local officials sometimes call “local control,” is the California State Public Utilities Commission. The CPUC is deeply enmeshed in proposed desalination projects in Monterey County, and has recently gone so far as to direct the destruction of public records maintained by the County. The CPUC also governs the operations of PG&E, and is currently considering a major PG&E proposal that would “reinforce” a main power line into Santa Cruz County.

The proposed power line project is located near the City of Watsonville and affects the Aptos area. It traverses agricultural valleys and grassland, and low ridgelines forested with mature trees. The project area contains a mix of low-density residential, open space, and agricultural land uses.

This power line project is very close to final approval. If you care about this major new project, check the links below.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Monterey County Weekly Article on Records Destruction
• State PUC Website
• PG&E Project Website

Months ago, I made a note to myself to remind listeners, at the appropriate time, that the City of Capitola would be holding a special joint meeting between the City Council and the City Planning Commission, to consider the City’s proposed General Plan Update. My note said that the hearing was tentatively scheduled for November 21st, and that’s today!

The Capitola website does indicate that there will be a special joint meeting today, starting at 6:00 p.m. at the Capitola City Hall. I particularly encourage residents of the City of Capitola to attend, and I have provided relevant links in the transcript of today’s Land Use Report. One of those links is to the September 6, 2013 Public Review Draft of the proposed new General Plan. A General Plan is the community’s “Constitution for Land Use,” and it would be hard to overstate how important this document is. Generally speaking, those most affected by a community’s General Plan, and that includes residents, and business owners, and property owners, don’t actually focus on what the General Plan says until a specific project starts going through the planning process.

That may well be too late! All projects must be “consistent” with the community General Plan, so if you care about the future of your community, you do need to make sure you like what that General Plan says. When developments start being proposed, the Council will be following that Plan!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Proposed Capitola General Plan Update
• City General Plan Update Website
• Information on Special Joint Meeting

In September, I reported on a proposal by Verizon Wireless to construct a cell phone tower on Carmel Valley Road. There was significant public opposition, based on the tower’s visual impacts, and the Planning Department staff was not very supportive. Nonetheless, Verizon did not seem to be of a mind to compromise.

Today, I can provide an update on this project, which comes from a report published in a recent edition of the Carmel Valley Association’s weekly news bulletin. I have a link to that document, and to other information, in today’s transcript. You can check these links below.

The Carmel Valley Association indicates that Verizon did ultimately decide that it should try to eliminate the concerns expressed by members of the public, as opposed to trying to “jam” their project through the county’s approval process. CVA representatives got involved, and they reviewed a revised proposal put forth by Verizon. They also talked with both the project planner and the Verizon representative personally, and ultimately concluded that a scaled-down proposal to attach equipment to an existing pole, below existing equipment, would not result in an unacceptable level of visual impact. The Planning Commission approved the modified application at its November 13th meeting.

Here is a real world reminder that when you get involved, you can make a difference.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• CVA Report on Cell Tower Compromise
• September 25, 2013 Report on Proposed Verizon Cell Tower
• Proposed Cell Tower Permit Link
• Carmel Valley Association Website