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KUSP LandWatch News
January 16, 2012 to January 20, 2012

 

KUSP provided a brief Land Use Report on KUSP Radio from January 2003 to May 2016. Archives of past transcripts are available here.

January 16, 2012 to January 20, 2012

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

 

Housing California Asks For Help
Monday, January 16, 2012

It appears likely that local redevelopment agencies will be dismantled, all over California. Governor Brown proposed the elimination of redevelopment agencies, in connection with efforts to balance the state’s budget, and to help eliminate an ongoing structural deficit at the state level. The state has essentially “subsidized” local redevelopment, so getting rid of redevelopment agencies does free up more money at the state level, especially money that can be used for education.

As the Governor’s plan was implemented by the Legislature, a system was put in place that could allow local communities to continue redevelopment activities, but without the state subsidy. The State Supreme Court, however, has just decided that it is within the Legislature’s prerogative to eliminate redevelopment, and that the “work around” legislation, that allowed redevelopment to continue, was unconstitutional.

One consequence will be a real blow to affordable housing efforts, statewide. Redevelopment was the mechanism, almost everywhere, for a community to meet its affordable housing goals. The statewide group Housing California is asking for help, by way of support for SB 654. This bill would protect existing Low and Moderate Income Housing Funds. You can get more information, and learn how you can help, in the transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information:

Want To Be Climate Active?
Tuesday, January 17, 2012

I like the nice weather we’ve been having, but I am also just a bit concerned about the possibility that we are heading into a drought. Those who have been paying attention to global warming are probably inclined to relate our current, unusual weather to larger climate change issues. If you happen to be of this mind, let me tell you about a meeting coming up this Thursday.

On January 19th, this Thursday, at 7:00 p.m., the City of Santa Cruz Climate Action Coordinator, Ross Clark, will lead a discussion about the City’s Climate Action Plan. The meeting is being held at Ecology Action, which is located at the corner of Cedar Street and Church Street, in downtown Santa Cruz. You are definitely invited.

Transition Santa Cruz, a local community group that has been deeply involved in helping to draft the City’s Climate Action Plan, believes that there is still more work to be done before the City Council puts its stamp of approval on this document. Let me recommend an excellent opinion piece by Michael Levy, discussing the Climate Action Plan. Click on the “Archives/Podcasts” link on the KUSP home page to find a link to today’s transcript.

I take very seriously the impacts that our human actions are having on the global environment, and I am proud to live in a community that is trying to figure out ways for us to help minimize our own contributions to global warming. Check out the meeting on Thursday to get involved yourself.

For KUSP, this is Gary Patton.

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The Capitola General Plan: In Process
Wednesday, January 18, 2012

I am on an email distribution list maintained by David Foster, the Housing and Redevelopment Project Manager for the City of Capitola. This is not really an “exclusive” list, and you can get on it, too. If you are a resident of the City of Capitola concerned about the future of your community, I recommend that you do just that. Mr. Foster will keep you advised about upcoming events related to the Capitola General Plan Update. Since every local General Plan serves as that community’s “Constitution for land use,” the decisions made in the General Plan Update process will have far reaching implications and impacts.

The next major event is a meeting of the Capitola GPAC, the “General Plan Advisory Committee.” The GPAC will be meeting this evening at 6:00 p.m. in the Capitola City Council Chambers. The agenda and a packet of materials for the meeting can be found on the City’s General Plan Update website. I have put the relevant links in the transcript of today’s Land Use Report.

Tonight, the GPAC meeting will focus on the Village Parking and Circulation recommendations and the Village Hotel DRAFT Guiding Principles, as prepared following the community workshops held on these issues on November 12th and 13th. As always, community participation will be encouraged, and there will be opportunities during the meeting for community members to provide their comments. I hope Capitola listeners will be out in force!

For KUSP, this is Gary Patton.

More Information:

Takings
Thursday, January 19, 2012

The Fifth Amendment to the Constitution says that a government cannot “take” private property without just compensation. If a land use regulation prevents a property owner from developing his or her land, is that a “taking” or not? LandWatch Monterey County has produced a nice little pamphlet that properly states that land use regulations almost never constitute a “taking.” I have put a link to that pamphlet in today’s transcript.

Another link, to the January 13th edition of Legal Planet, a blog published by the Berkeley and UCLA Schools of Law, discusses a recent decision of the Ninth Circuit Court of Appeals, upholding Oregon’s strong land use regulations. Ninth Circuit decisions apply in California, too, which is why the decision in Bowers v. Whitman is so important.

Seven years ago, Oregon voters enacted Measure 37, a ballot initiative that stipulated that any land use regulation that reduces someone’s property values must be compensated by the state, thus throwing the state’s land use system into chaos. Three years later, realizing what they had done, the voters enacted Measure 49, substantially cutting back Measure 37. In Bowers v. Whitman, the court upheld Measure 49, validating the ability of state and local government to adopt strong land use regulations.

For KUSP, this is Gary Patton.

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Upcoming Events
Friday, January 20, 2012

As we close in on the weekend let me give you a suggestion for an outdoors adventure. The Santa Cruz County Chapter of the California Native Plant Society is sponsoring a field trip to Nisene Marks State Park. The field trip is tomorrow, and participants will be tracking down some of the amazing and beautiful fungi that are found there. If you visit the Land Use Report blog on the KUSP website, you will see a picture of Leptonia carnea, surely one of the most beautiful mushrooms around. It’s really, really blue! The CNPS field trip will be led by Christian Schwarz, and will start at the trestle bridge inside Nisene Marks State Park at 10:00 a.m. There is a link to the January edition of the CNPS Cypress Cone in today’s transcript; there is more information there. An RSVP is requested.

Now, for those who would like an indoor adventure, let me suggest a meeting on Monday, January 23rd.
Monterey County Supervisor Jane Parker holds informative “Hot Drinks and Hot Topics” gatherings on the 2nd, 3rd, and 4th Monday of each month. This coming Monday, Jane will be at Portobello’s in Salinas.
The two major Monterey County land use items I talked about on January 10th, including the proposed Corral de Tierra shopping center, were taken off that agenda, and are still pending. I am sure that Supervisor Parker has some thoughts about those and other key land use issues.

For KUSP, this is Gary Patton.

More Information:

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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