Boards of Supervisors are the agencies basically in charge of land use for most places within Monterey and Santa Cruz Counties. If you live within an incorporated city, your City Council is in charge of land use, but most of the land area in our region is outside of the cities, so your County Board of Supervisors is the agency to look to when you think about land use.

Both Boards meet on Tuesdays, and both the Santa Cruz County Board of Supervisors and the Monterey County Board of Supervisors are meeting tomorrow. Interestingly, both Boards, tomorrow, will consider items related to their inclusionary housing ordinances, ordinances intended to provide housing opportunities for lower income persons by requiring that such housing be "included" within market rate developments.

Item #24 on the Monterey County Board Agenda proposes terminating provisions that would otherwise keep 161 units of lower income housing available for lower income families. Item #56 on the Santa Cruz County Board Agenda is related to changes the Board has made, recently, to eliminate the requirement that developers actually build affordable housing, letting them just pay the County some money, instead.

From at least one perspective, both counties are weakening their commitment to their inclusionary affordable housing programs. Links to more information can be found at kusp.org/landuse.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• Santa Cruz County Board Agenda – December 8, 2015
• Staff Report – Santa Cruz County Board Agenda Item #56
• Monterey County Board of Supervisors Agenda Website

The California Coastal Commission is meeting in Monterey on Wednesday morning (that's today), and then on Thursday and Friday, too. The Commission is meeting at the Portola Plaza Hotel, in Monterey, and you can attend the Commission's meeting in person. You can also go to the Commission's website, and stream the meeting online.

On Wednesday morning, as part of the Executive Director's Report, the Commission will consider the issue of "takings." The Fifth Amendment to the United States Constitution not only gives citizens the right to avoid self-incrimination, it also says that "private property [shall not] be taken for public use, without just compensation."

There is a very interesting discussion relating to the "takings clause" on the Commission's agenda. The question posed is whether the Commission has the authority to decide that the denial or conditional approval of a permit application would constitute a taking of private property for public use without just compensation, and, if the Commission found that it would, then grant a permit that the Commission would otherwise deny.  An attorney is claiming that the Commission cannot give permit approval based on the Commission's decision that to do otherwise would be a taking. The claim is that the Commission should just say "no" to the permit, and let the courts decide.

This is a fascinating argument, with some real consequences for coastal protection. There is more information at kusp.org/landuse.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• Coastal Commission Agenda
• Coastal Commission Staff Report On "Takings" Item
• U.S. Bill of Rights
• Land Use Planning And The "Takings Clause"

The Carmel Valley Association (or CVA) has been working on land use issues since 1949, with a record that reinforces a point I make, repeatedly. Effective self-government depends on us getting involved ourselves! If Carmel Valley is different from Seaside or Monterey, it's because Carmel Valley residents have cared enough to call together an organization that has worked, consistently, on the land use policy and project issues that are so important in determining the future of our local communities.

Our land use laws and regulations are complex, and getting good legal advice and representation is critical for any community group that wants to be successful. Serious organizations, like the CVA, focused on land use, need serious legal assistance, and the CVA recognizes that this is true.

In the latest CVA Weekly Bulletin, the CVA has published a salute to attorney Michael Stamp, saying that <quote> "his advice, counsel, and representation on land use issues over the past several decades has proven invaluable." Go to today's blog at kusp.org/landuse to see the whole list of Michael Stamp's accomplishments for the CVA. This recognition is much merited, and lots of Monterey County residents have a reason to say, "Thank you, Michael," for his work on land use in Monterey County.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• CVA Website
• Carmel Valley Association Weekly Bulletin

On December 3rd, the Santa Cruz County Transportation Commission made some important decisions. Most significantly, the Commission approved an "Expenditure Plan," related to a proposed sales tax measure. The proposal is for a thirty year, one-half cent sales tax that would appear on the November 2016 ballot. There would be five priorities for expenditures:

• FIRST: Thirty percent of the proceeds would go to Neighborhood Projects
• SECOND: Twenty-five percent of the proceeds would go for Highway Corridors
• THIRD: Sixteen percent would go to Mobility Access
• FOURTH: Fifteen percent would go to the proposed Coastal Trail
• FIFTH: Fourteen percent would to to the Rail Corridor

Commissioners believe that this package of projects is fair and balanced, and represents the diverse transportation needs in Santa Cruz County, and that the priorities established will provide an opportunity to invest not only in local transportation infrastructure, but to invest in the environment, and the local economy, too.

Ultimately, the voters of Santa Cruz County are going to decide whether or not to make these investments. It's not too early to start thinking about this question, either. Those skeptical of highway widening might not like that part of the package, but those skeptical of the value of the rail corridor might also have reservations.

This is a package deal. If you want more information, visit kusp.org/landuse.

More Information:

• Land Use Links
• Gary Patton's Two Worlds Blog
• SCCRTC Website
• SCCRTC Expenditure Plan Webpage