Measure J is a comprehensive growth management ordinance adopted by Santa Cruz County voters in 1978. It includes this requirement: "It shall be the policy of Santa Cruz County that at least 15 percent of those housing units newly constructed for sale or rental each year shall be capable of purchase or rental by persons with average or below average incomes." To carry out this voter mandated requirement, the County enacted an ordinance requiring developers who construct housing to offer a percentage of those constructed units at a below market price level. Both Measure J and the County's program focus on "construction." The builders who actually "build" housing are charged with the responsibility to "build" affordable units.

The County staff is now recommending that this thirty-five year old program be scrapped. Instead of having to "build" affordable housing, builders could choose to pay a fee, instead, and then be excused from further responsibility. The County would get money, not actual housing units.

This proposal does not seem to meet the test of Measure J, which requires (on a year by year basis) that at least 15% of the housing units "newly constructed … each year" be capable of purchase by an average or below average income person.

If you care about affordable housing, let the Board of Supervisors know what you think. There is more information below.

More Information

• Land Use Links
• Gary Patton's Two Worlds Blog
• August 19, 2014 Board Agenda
• Agenda Item #66 on Affordable Housing

KUSP listeners may have been reading about a struggle over beach access at Martins Beach, located just north of Santa Cruz County, along the San Mateo County coast. Historically, Martins Beach has been open to public access, by way of a road that heads to the beach from Highway One. The road is, and has been, a privately owned road, but the public has used the road, for many years, to get access to the coast.

In October 2010, a relatively new owner of the property over which the road goes decided to shut off public beach access – and he did! The owner is one of those legendary Silicon Valley "Billionaires," to use a characterization from the Los Angeles Times. According to Charles Lester, the Executive Director of the California Coastal Commission, this action in closing the road was illegal, in the absence of a permit from the Commission. Lawsuits, state legislation, public protest, and controversy have all ensued since the road was closed.

Most recently, the Coastal Commission has been exploring the idea that the public has acquired an actual legal right to use the road by way of "prescriptive rights." Continued public use of private property, over a period of more than five years, can actually transfer a legal ownership right to the public. If you have been to Martins Beach, and want to take part in the Coastal Commission survey, see below.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• LA Times Article on Martins Beach
• San Jose Mercury News Article On State Legislation
• The City Project Blog on Martins Beach
• Charles Lester Article on Martins Beach
• Coastal Commission Prescriptive Rights Survey
• Article On Surfrider Foundation Lawsuit

Monterey Downs is a proposed 550-acre, 1,000-home, 500-apartment development in the Parker Flats area of the former Fort Ord, which is located about one-half mile from Cal State Monterey Bay. The proposed development would also have a 6,500 seat covered arena, a 1-mile horse race track, 1,000 horse stalls, two 200-room hotels, and a major retail shopping area. A gambling facility might be added in the future.

I had heard that the City of Seaside was planning to host a presentation on the proposed development at its City Council meeting tomorrow, but the latest word is that this presentation will not take place. You can check the City Council agenda, online, to verify the status of this possible presentation.

The Monterey Downs development, if ever approved, could have big impacts on the Peninsula, environmental, economic, and otherwise. Because of its possible adverse environmental impacts, a full-scale Environmental Impact Report, or EIR, will have to be prepared prior to any governmental approval. A Draft EIR is due out around the end of August. Thereafter, members of the public can provide specific comments on that Draft. A Final EIR will have to respond to all of the comments made.

Now would be a good time to start getting involved! Read up on the proposal, and clear your decks to participate in the environmental review process!

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• Seaside City Council Agenda Website
• Monterey Downs Website
• Keep Fort Ord Wild Website
• New York Times Article On The Del Mar Racetrack
• Monterey Bay Partisan Public Comments

The "unhidden agenda" of this weekday Land Use Report is to stimulate your personal participation in the land use decision-making process. Land use policy and project decisions can have major impacts on our future. The decisions we make about how to "use" the land have economic, environmental, and social consequences. Whatever "side" you may be on (and there are usually a minimum of at least two different views about any significant land use matter), it's important for you to get personally engaged. That's the message of the Land Use Report.

If you'd like to see how this kind of personal engagement works, in real life, I'd like to give you a "heads up." Rebels With A Cause, a movie narrated by Francis McDormand, will be shown on Thursday, August 28th (one week from today) at 7:00 p.m., at the Hidden Valley Music Seminars facility in Carmel Valley.

This movie tells the David and Goliath story of one of America's most visited, and arguably its most beautiful, urban national parks – the Point Reyes National Seashore and Golden Gate National Recreation Area. The citizens who made it all happen were "unpaid and crazy," and successfully battled the most powerful opponents of their day in both industry and government, setting new precedents for protecting open space and helping to shape the environmental movement as we know it today.

There is more information at kusp.org/landuse.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• The CVA Newsletter
• Rebels With A Cause Website
• Hidden Valley Music Seminars Website
• Gary Patton July 2013 Blog Announcement – Rebels With A Cause

I am in favor of citizen self-government, and it seems obvious that if the people are going to be in charge of their government, the people need to know what their government is doing.

The California Constitution says this right upfront. Article I, Section 3(b)(1) provides: "The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny." The Ralph M. Brown Act and the California Public Records Act outline in detail how this access is to be provided. You can review today's transcript at kusp.org/landuse for some useful links, including a video of a presentation I made, in January 2013, to the Monterey Peninsula Chapter of the League of Women Voters, entitled "Keeping Government Honest." In short, you (personally) have the right to have public documents provided to you on an expeditious basis.

In the City of Carmel-By-The Sea, a number of citizens have been complaining that these requirements for full public access to public documents have been honored more in the breach than by observance. A recent news article reports that the City Attorney has held a special public presentation, to confirm that the City will, indeed, make public documents available with <quote> "as little fuss as possible." If that weren't done, the City could actually be sued.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• August 15, 2014 Pine Cone Article on Brown Act Compliance (See Page 3A)
• Online Information on the Brown Act
• The Ralph M. Brown Act
• California Public Records Act
• Pocket Guide To The Public Records Act
• California Constitution – Article 1
• Gary Patton Presentation – Keeping Government Honest