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KUSP LandWatch
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ogo.gif" width="108" height="109" border="0"> "Listen Live" |
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 September 6, 2004 to September 10, 2004
The following Land Use Reports have been presented on KUSP Radio by Gary Patton, Executive Director of LandWatch Monterey County. The opinions expressed by Mr. Patton are not necessarily those of KUSP Radio, nor of any of its sponsors.
| Monday, September 6, 2004 – The Monterey County Community GPU |
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Eighteen Monterey County community groups have initiated a “Community” General Plan Update process. You can get more information by clicking on the Land Use Report link at www.kusp.org. The Community GPU process began with a Forum held on August 21st, in Prunedale. The next Forum (in a series of five Forums) will be held in Carmel Valley, on Tuesday, September 14th, from 6:00 to 9:00 p.m. You are very cordially invited to attend. The Monterey County Community GPU process is intended to provide a way for ordinary members of the public to have their views and preferences about land use policy incorporated into a draft General Plan Update. There are essentially two ways for a local government to establish land use policies. The first, and most “usual” way, is for the Board of Supervisors or City Council to adopt a local General Plan themselves. The second way is for the people to legislate directly, through the initiative process. The Community GPU effort is intended to present the Board of Supervisors with an integrated, legally sufficient draft General Plan Update. If this Community GPU has broad public support, the Board of Supervisors will have to take it seriously. If the Board doesn’t adopt General Plan policies that are broadly supported by the public, then the people obviously retain the right to use the initiative process, to let the voters decide themselves. For KUSP, this is Gary Patton.
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| Tuesday, September 7, 2004 – Understanding The General Plan |
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Because a “Community General Plan Update” process is underway in Monterey County, I’ll be devoting the next few editions of this Land Use Report to a discussion of how a local General Plan is structured, and how it works. Hopefully, this will be interesting to everyone, and not just to those who live in Monterey County. State law requires that every city and county have a General Plan, and all planning decisions have to be “consistent” with that General Plan, which means it’s the most important document relating to land use policy, bar none. That’s true in every California community. The structure of a local General Plan is established by provisions contained in the California State Government Code. Every city and county must address seven specific topics, which are called the “Elements” of the General Plan. The seven “mandatory” Elements of the General Plan are: Land Use, Housing, Conservation, Open Space, Circulation, Safety, and Noise. Local governments can, and often do, add additional Elements. For instance, the draft General Plan Update that was recently “terminated” by the Monterey County Board of Supervisors contained an “Administration” Element, and an “Agriculture” Element. References to the state law, and the State’s General Plan Guidelines, can be found by clicking on the Land Use Report link at www.kusp.org. For KUSP, this is Gary Patton.
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| Wednesday, September 8, 2004 –General Plan Maps |
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In the next few editions of this Land Use Report, I’ll give you a brief introduction to the seven “mandatory” Elements that must be contained in a local General Plan. Today, I want to highlight another aspect of the General Plan, however; namely, the General Plan maps. A General Plan includes many statements of “policy.” A policy in the Safety Element might say, “No subdivision of land shall be permitted in any area subject to flooding.” The idea is clear. Areas subject to flooding are not a good place to locate new development, so creating new parcels in such areas will not be allowed. This kind of policy statement, however, doesn’t really provide much guidance unless we know what areas are, and what areas are not, “subject to flooding.” The maps tell us that. If a General Plan contains a map entitled, “Flood Danger Areas,” which shows all the areas which might be flooded in the “worst case” storm, then a policy statement like the one I read will take its effect based on what the map shows. This is really how a General Plan most normally works. Maps depict where certain conditions exist, and the policy statements then take effect based on what the maps show. This means that accurate and effective mapping is critically important to the effectiveness of the General Plan itself. Check out the Monterey County and Santa Cruz County maps at www.kusp.org. For KUSP, this is Gary Patton.
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| Thursday, September 9, 2004 – The Land Use Element – Where Growth Goes |
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All seven elements of a local General Plan have “equal dignity.” A General Plan must include them all, and they must all be internally consistent. You can’t have a General Plan that shows lots of development occurring throughout the community, but without adequate roads or other transportation facilities to serve it. The policy directions contained in the Housing and Land Use Elements need to be coordinated with and consistent with the transportation strategies contained in the Circulation Element. That said, the Land Use Element is often thought to be the most “important” Element in a local General Plan. That’s because it’s really the base upon which the General Plan is constructed. The Land Use Element shows, above all, where growth will go, what kind of growth there will be, and how much growth there will be. Maps in the Land Use Element specify areas for residential, commercial, and industrial development, and also define the areas where development will not be allowed; for instance, areas to be maintained in agricultural production, or to be protected from development because of their natural resource values. Policies then accompany the maps. These policies specify, as State law requires, the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. When reviewing, or drafting, a General Plan, consider the Land Use Element first, with both its maps and policies in mind. For KUSP, this is Gary Patton.
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| Friday, September 10, 2004 – The General Plan and Property Rights |
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The local General Plan, often called a “Constitution” for land use, directs the future growth and development of the local community. The policy statements contained in the General Plan specify the location of future development, the character or type of future development, the amount of future development, and the timing of future development. Please note that the General Plan and the planning regulations that implement it are really only directed to new growth, and to the future. Existing conditions are usually not much affected by General Plan policies. In fact, this is how individual “property rights” and the right of the community to shape its own future are put into balance. If a particular land use already exists, the community doesn’t have much to say about it, unless the community wants to “buy out” the current property owner. An individual property owner has the “right” to continue an existing use. That’s his or her “property right.” As to possible future uses, however, the community has an awful lot to say. Proposed land use changes need to get community approval. You need to get a “permit” for new construction and new development because the community needs to give you “permission” before you can change a current use. “Property rights,” in other words, don’t consist in a property owner being able to do whatever he or she wants with his or her property. Property owners usually have the right to continue an existing use, but have no “right” to do something new. They need to get permission for that. For KUSP, this is Gary Patton.
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Archives of past transcripts are available here
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CONTACT 306 Capitol Street #101 PO Box 1876 Phone (831) 759-2824 Fax (831) 759-2825 |
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