Monterey County has a website listing of the “Major Projects” pending in its permit system, and the proposed Ferrini Ranch subdivision is definitely on that “Major Projects” list. The proposed project would result in the subdivision of an approximately 866-acre property located off Highway 68.

212 residential lots would be created, including 146 market-rate lots, 23 clustered lots for workforce housing, and 43 lots for inclusionary, lower income housing. A commercial parcel, fronting on River Road, would also be created. 600 acres would remain in open space. LandWatch, a local nonprofit that focuses on land use issues in Monterey County, has posted a couple of diagrams on its website. These will give you the basic idea.

The Draft Environmental Impact Report on the Ferrini Ranch project has recently been revised, and is now being recirculated for public comment. If approved, the project would have major traffic, water, and open space impacts. Comments on the Recirculated Draft EIR will be received until August 18th. I encourage you to get involved, and I want to remind of a phrase that is sometimes used to stop bad marriages in the making. Check out the project links below. Then, “speak now or forever hold your peace.”

More Information

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Monterey County “Major Projects” List
• Ferrini Ranch Project Site
• Recirculated Draft EIR For Ferrini Ranch Development
• LandWatch Monterey County Ferrini Ranch Alert

Today, the Monterey County Board of Supervisors will hold a public hearing on an ordinance to make it easier for the County to terminate inactive land use applications. If adopted, the ordinance should allow the County better to deploy its scarce planning resources.

Tomorrow, the Monterey County Planning Commission will be holding a very important meeting in Salinas, starting at 9:00 a.m. Two related ordinances will be considered. One ordinance would apply in coastal areas, and one would apply in non-coastal areas. Both ordinances would modify existing development approval procedures, in cases where private roads would serve a proposed development project.

If ultimately enacted by the Board of Supervisors in its current form, it appears that the two ordinances would generally prohibit the County from granting a development permit for any proposed development on a property that uses a private road for access, unless and until all the users of the private road agree to the development in writing. It would be hard to overstate how dramatic a “no development” ordinance this would be, for properties located on private roads, which generally includes most properties located in rural portions of Monterey County.

If you care about this topic, and you probably should care if you own property or live on a private road, you should get involved right now. More information can be found below.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• July 8, 2014 Monterey County Board of Supervisors Agenda (See Agenda Item #12)
• July 9, 2014 Monterey County Planning Commission Agenda (See Agenda Items #3 and #4)
• Proposed “Proof of Access” Ordinance

Desalination proposals are being considered all around the Monterey Bay Region. There are lots of reasons to be concerned. Desalination usually costs more than other alternatives for providing an augmented water supply. The energy impacts of desalination are also significant, at a time when we should be cautious about projects that will likely mean the release of more global warming gasses to the atmosphere. Finally, ocean desalination can have really big impacts on our marine environment.

For those who would like to dive into the issues with respect to the marine environment, let me tell you about some upcoming rule-making procedures that may affect future ocean desalination projects. The State Water Resources Control Board, which has authority over both water supply and water quality, is now considering some new rules for ocean desalination. Relevant links can be found below.

There is going to be a hearing on the proposed new regulations, which would be enacted as amendments to the California Ocean Plan. The hearing is scheduled for August 6th in Sacramento. Written comments will also be considered.

I encourage listeners who care about desalination and its land use implications to join forces with those whose major focus is on the need to protect our marine environment. It’s important that the State Board get it right. Our Sanctuary is always at risk.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• State Water Board Website on Desalination Rules
• August 6, 2014 Public Hearing Notice
• Report on Proposed New Desalination Rules
• Proposed Language Changes in Ocean Plan

Last week, and the week before, I talked about a so-called “Transfer of Development Rights” technique, sometimes called “TDR.” The idea is that a property owner, whose property is not well suited for development, can be allowed to “transfer” his or her so-called development “rights” to other lands that would be better suited for the development. Instead of building a new skip-out subdivision on prime farmland, or on land that provides habitat for endangered species, a property owner is encouraged to “transfer” that proposed development to a more suitable location.

I mentioned one conceptual problem last week. There really isn’t any “right” to develop. A development is approved when the local government with jurisdiction decides to say “yes” to the proposed development. If a development is proposed for land that the local government believes is not suitable, generally speaking the local government can just say “no.” There is no need to provide the property owner with any replacement location.

Here’s the catch, though. While local governments have a legal and constitutional right to say “no” to unsuitable development proposals, the elected officials in charge don’t like to do that. They don’t like to vote “no.” Therefore, TDR is really just a way for elected officials to be nice to property owners and project proponents, when they propose developments that really ought to be turned down.

It’s not about “rights.” That’s the main thing to know.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Sierra Club Statement on Transfer of Development Rights
• Land Use Report on TDR, June 27, 2014
• Land Use Report on TDR, July 4, 2014

Here is a “heads up” on a presentation scheduled for next Friday. That’s right. I am actually giving you a full week’s notice, departing from my all too customary habit of telling you about meetings and events that will happen on the very next day, or even within hours. I am always apologetic that I don’t provide listeners with a truly adequate notice of upcoming events, even as I pitch you to get personally involved. I often find out about events only a day or two in advance of the time I record the Land Use Report, so I do the best I can, knowing that it’s not really enough.

This time, though, I am giving you a fair chance actually to attend a presentation called “Conservation Lessons From Australia.” Conner Everts and Ron Duncan are the presenters. The event will take place on Friday July 18th, from 7:00 to 8:30 p.m. at the Louden Nelson Center in Santa Cruz. Admission is free.

A ten-year drought provoked Australians to achieve unprecedented levels of water conservation. Conner Everts of the California Environmental Water Caucus reports on what he learned from his visit to Australia last year. Ron Duncan is the Conservation Manager for the Soquel Creek Water District. He will report on water conservation efforts right here, including an innovative plan to improve the District's water-neutral growth policy.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Desal Alternatives Website
• Soquel Creek Water District