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KUSP LandWatch News
Week of June 28, 2010 to July 2, 2010

 

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 June 28, 2010 to July 2, 2010

The following Land Use Reports have been presented on KUSP Radio by Gary A. Patton. The Wittwer & Parkin law firm is located in Santa Cruz, California, and practices environmental and governmental law. As part of its practice, the law firm files litigation and takes other action on behalf of its clients, which are typically private individuals, governmental agencies, environmental organizations, or community groups. Whenever the Land Use Report comments on an issue with which the Wittwer & Parkin law firm is involved on behalf of a client, Mr. Patton will make this relationship clear, as part of his commentary. Mr. Patton’s comments do not represent the views of Wittwer & Parkin, LLP, KUSP Radio, nor of any of its sponsors.

Gary Patton's Land Use Links

 

Monday, June 28, 2010
LAFCO Policies And LAFCO Law

Every county has one, and they are really, really important in terms of land use policy and planning. My “Jeopardy” response: “What is…LAFCO?”

LAFCO stands for Local Agency Formation Commission. Under state law (and LAFCOs are created by state law, and must follow state law), LAFCOs oversee issues related to “governmental organization.” This means, for example, deciding whether or not a city can annex new territory; or whether or not a new city should even be created; or whether or not two independent districts (like fire districts, or water districts) should be combined; or whether or not an existing agency providing water or sewer service should be able to provide that service outside its current boundaries.

Today, at 4:00 o’clock, in the Chambers of the Monterey County Board of Supervisors in Salinas, the Monterey County LAFCO is going to consider a set of rules that will govern future decisions of that LAFCO about changes of organization that may affect Monterey County governmental agencies. I’ve put links in the transcript of today’s Land Use Report, and you are encouraged to attend. If you want to hear a court debate on LAFCO law, the Santa Cruz County Superior Court will be hearing a case involving LAFCO tomorrow morning at 8:30, at the County Courthouse in Santa Cruz.

For KUSP, this is Gary Patton.

More Information:

Monterey County LAFCO Website
http://www.co.monterey.ca.us/lafco/

Agenda, June 28, 2010
http://www.co.monterey.ca.us/lafco/2010/062810%20Reg%20
Mtg/Web%20Docs/062810%20Agenda.htm

Agenda Item 10a (New Procedures), Track Changes Version
http://www.co.monterey.ca.us/lafco/2010/062810%20Reg%20Mtg/
Web%20Docs/10.a%20Attch%202%20PnP%20w%20Trk%20
Changes%20062810.pdf

The case of Community Water Coalition v. LAFCO will be heard at 8:30 a.m. on Tuesday, July 29th, in Department 4 of the Santa Cruz County Superior Court, 701 Ocean Street, Santa Cruz.

Tuesday, June 29, 2010
Harper Canyon/Highway 68

I try to keep up with neighborhood and community groups that focus on land use, transportation, and water policy, since it’s vitally important, if you want to be effective, to “get organized,” and to work with others, as you engage in the important land use, transportation, and water policy debates that will help define our future.

In Monterey County, I keep my eye on a couple of groups focusing on land use and transportation issues affecting the Highway 68 corridor. Highway 68 is a beautiful highway running from Monterey to Salinas, passing by the Monterey Airport and the Laguna Seca Raceway, and providing what might be called a “back door entrance” to both Fort Ord and Carmel Valley.

If you are familiar with Highway 68, you know that it is one of Monterey County’s most impacted roadways, and you also know that it’s almost always in the bull’s-eye of the development community. If you’d like to get engaged in issues affecting Highway 68, I commend to you the Highway 68 Coalition and the Meyer Community Group.

Both of these groups would like you to show up for an important Planning Commission hearing at 10:30 tomorrow morning, in the Chambers of the Monterey County Board of Supervisors, located at 168 West Alisal Street in Salinas.

A large new subdivision is proposed off Meyer Road. You can get full information from the links I’ve put below.

For KUSP, this is Gary Patton.

More Information:

Highway 68 Coalition Contact Information
http://www.volunteermatch.org/search/org11385.jsp

The Meyer Community Group
http://www.meyercommunitygroup.org/

Monterey County Planning Commission Agenda, June 30, 2010 –
http://www.co.monterey.ca.us/planning/cca/pc/
2010/06-30-10/PC06-30-10a.htm

Staff Report, Harper Canyon Realty –
http://www.co.monterey.ca.us/planning/cca/pc/
2010/06-30-10/PLN000696PC1.pdf

Wednesday, June 30, 2010
AB 1791 And Redevelopment

Dan Walters, who follows state government issues in columns he writes for the Sacramento Bee, often highlights items of great interest to anyone who cares about land use, transportation, and water policy. This is because these land use-related issues are at the heart of some of the most important decisions made by state (and, of course, local) government.

Recently, Dan Walters has weighed in on a bill authored by Assembly Member Bill Monning, AB 1791. You can get lots of information on AB 1791 below.

AB 1791 would help make public, redevelopment funding available for the construction of a new shopping center and commercial complex at the “Front Door” to the former Fort Ord. For local residents, the question is whether the public should be subsidizing private developers on lands that are currently in natural and open space uses, as opposed to focusing scarce redevelopment funds on upgrading and restoring areas already affected by former development. Walters looks at the issue from a statewide perspective, and raises concerns that special treatment for development at Fort Ord might very well lead to calls for special treatment for other developers, in other parts of the state. The Bill Monning “district bill,” as Walters calls it, could have statewide implications.

For KUSP, this is Gary Patton.

More Information:

See the April 9, 2010 Land Use Report For Background
http://www.kusp.org/landuse/2010/04/05.html

Dan Walters, Sacramento Bee
http://www.kusp.org/landuse/2010/04/05.html

Dan Walters’ Column on AB 1791
http://www.sacbee.com/
2010/06/23/2841779/dan-walters-fort-ord-district.html

Text of Assembly Bill 1791 –
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1751-1800/
ab_1791_bill_20100622_amended_sen_v96.pdf

Senate Committee Analysis of AB 1791 –
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1751-1800/
ab_1791_cfa_20100610_123616_sen_comm.html

Thursday, July 1, 2010
Vacation Rentals

On June 22nd, the Santa Cruz County Board of Supervisors focused on a proposal by Supervisor John Leopold to regulate vacation rentals in the Live Oak area. No final action was taken, but that doesn’t mean that the idea has been shelved. Supervisor Leopold’s proposal will come back for more discussion later this year, and any regulations imposed may actually end up affecting all parts of the unincorporated county, not just Live Oak. If you are interested in this topic, from either the “property rights” perspective, or from the perspective of someone who lives in an impacted neighborhood, you should keep this item on your radar screen.

A Land Use Report listener who supports the idea of regulating vacation rentals has raised a legal and policy question different from the question whether or not the Board should adopt a new set of regulations. He asks: for homes located in “residential” zones (which vacation rentals almost always are), how is it even legal for a homeowner to “rent” such a home on an ongoing basis, since that is, in effect, a “business” or “commercial” activity?

I think it’s a good question! One of the main reasons to adopt zoning designations is to prevent incompatible uses. Perhaps a legal analysis of existing Code provisions should be on the Board’s agenda, when this matter comes back for further discussion.

For KUSP, this is Gary Patton.

More Information:

June 22, 2010 Agenda, Santa Cruz County Board of Supervisors –
http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/
ASP/Display/SCCB_AgendaDisplayWeb.asp?MeetingDate=6/22/2010

Agenda Item #81, June 22, 2010 Agenda (Vacation Rentals) –
http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/
BDSvData/non_legacy/agendas/2010/20100622/PDF/081.pdf

Friday, July 2, 2010
Cypress Knolls

The City of Marina is deeply engaged with issues of development and redevelopment. It is also the only City in Monterey County that has a voter-enacted Urban Growth Boundary. The idea of “smart growth” is not to stop development, but to focus new development in locations already committed to urban growth, as a way to make new growth more efficient, and as the best way to short circuit the destructive impacts of “sprawl.” In a way, these are exactly the issues at stake in AB 1791, discussed during Wednesday’s Land Use Report. “Redevelopment” of the lands of the Former Fort Ord, at least in general, qualifies for “good grades” on a smart growth score sheet.

I also think it’s fair to say that the City of Marina, by and large, qualifies for pretty good grades in terms of its efforts to involve the residents of the City in the important land use decisions that will affect their future. For any Marina residents who have not noticed this, let me alert you to the fact the City is now engaged in a pretty open process to get public input on the proposed development of a “Senior” oriented project at Cypress Knolls. Public benefits are part of the mix, and that includes a potential for more affordable senior housing, environmental amenities and a community center. You can find out more by tracking down the written transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information

City of Marina Website
http://www.ci.marina.ca.us/

Cypress Knolls, Request For Proposal
http://www.ci.marina.ca.us/index.aspx?NID=200

City Website Items on Cypress Knolls
http://www.ci.marina.ca.us/Search.aspx?SearchString
=cypress+knolls&Action.x=29&Action.y=20

See the April 9, 2010 Land Use Report For Background on AB 1791
http://www.kusp.org/landuse/2010/04/05.html

Dan Walters, Sacramento Bee
http://www.kusp.org/landuse/2010/04/05.html

Dan Walters’ Column on AB 1791
http://www.sacbee.com/2010/06/23/2841779/
dan-walters-fort-ord-district.html

Text of Assembly Bill 1791 –
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1751-1800/
ab_1791_bill_20100622_amended_sen_v96.pdf

Senate Committee Analysis of AB 1791
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1751-1800/
ab_1791_cfa_20100610_123616_sen_comm.html

Archives of past transcripts are available here


LandWatch's mission is to protect Monterey County's future by addressing climate change, community health, and social inequities in housing and infrastructure. By encouraging greater public participation in planning, we connect people to government, address human needs and inspire conservation of natural resources.

 

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