The Land Use Report

Sunday, December 27, 2015/ 7:30 a.m. At 10:00 o’clock in the morning on Wednesday, January 6, 2016, the Santa Cruz County Local Agency Formation Commission (or LAFCO) is going to be holding a public hearing on a proposed Sphere of Influence for the Salsipuedes Sanitary District. That hearing also includes the Commission’s consideration of what is called a “Service Review,” documenting the current and proposed capacity and operations of the District. If you live in the Salsipuedes Sanitary District, this LAFCO item is probably of direct interest. But even if you’re not a resident of the District, I would encourage you to check out the documentation that the Commission will review at its upcoming meeting. LAFCOs are a rather strange breed of governmental animal. Few people really understand what LAFCOs do, or have any idea of how they do it. The materials related to the Salsipuedes Sanitary District Service Review can give you a pretty good picture. LAFCOs are established under state law, and LAFCO’s membership includes representation from cities, the county, and special districts. LAFCOs are supposed to oversee the organization and operation of the agencies that provide services to the public, including cities, counties, and special districts, and LAFCOs have a “yes” or “no” authority over proposed expansions of municipal services. If you care about land use, learn about LAFCOs! More Information: Land Use Links Gary Patton’s Two Worlds Blog LAFCO Service Review Hearing Notice For January 6th Hearing CALAFCO Website Guide To State LAFCO Law Santa Cruz County LAFCO Monterey County LAFCO

Friday, December 25, 2015 / 7:30 a.m. and 4:30 p.m. Today’s a holiday, and one of the big ones, but what’s the land use connection? I could talk about the affordable housing situation in Judea, two thousand years ago, and opine that maybe not much has changed, but let me tie, instead, to a more modern reflection on the Christmas Holiday. Let’s contemplate Scrooge, in Dickens’ wonderful tale, “A Christmas Carol.” This year, in the land use arena, Scrooge is being played by the University of California at Santa Cruz, which has kicked Santa Cruz Shakespeare out of its traditional venue at “the Glen,” located on the UCSC campus. Because the University has decided that there is “no room in the Glen” for Santa Cruz Shakespeare, this beloved theatre group is having to search for new lodgings. And behold, they have found a possible home, and are proposing to hold summer performances in DeLaveaga Park, located above the Prospect Heights area in the City of Santa Cruz. Santa Cruz Shakespeare has proposed a project consisting of a Design Permit, Slope Variance, and Watercourse Development Permit to construct an outdoor theatre that can accommodate an audience of 483 persons. Nearby residents are not, necessarily, thrilled. If you want to get involved, I have links to more information at kusp.org/landuse. Comments on the proposed Negative Declaration must be filed by January 12th. More Information: Land Use Links Gary Patton’s Two Worlds Blog Find out about Scrooge Information on Shakespeare DeLaveaga Proposal

Wednesday, December 23, 2015 / 7:30 a.m. and 4:30 p.m. When the public invests huge amounts of money in providing new infrastructure, it properly expects that this new infrastructure will be used to its capacity. If a new highway is created, for example, often costing hundreds of millions of dollars, the public should expect that the new facilities will be used. That does turn out to be the case, too. When a highway is widened, or a new highway is constructed, traffic patterns change, and “induced demand” calls people onto the new highway that wouldn’t have gone there before. Congestion relief is often (in fact usually) very temporary. Again, that only makes sense. When the public spends lots of money for a new highway or a highway widening project, it will end up using that new capacity. There is a project in Monterey County that essentially calls for a new highway to link the existing Highway One, near Castroville, with the existing Highway 101, near Prunedale. The so-called “State Route 156 West Corridor Project” would turn the existing two-lane highway into a frontage road, and would build a new, four-lane freeway between Castroville and Prunedale. And there’s a twist; the new four-lane facility would be a toll road. You’d have to pay to use it. You can get the facts about this proposed project by checking the links in today’s blog posting at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Caltrans Project Page For Proposed Highway 156 Project

Monday, December 21, 2015 / 7:30 a.m. and 4:30 p.m. I am fond of saying that if we want to gain the benefits of “self-government,” we will need to get involved ourselves! I generally try to provide at least some opportunities for civic engagement with respect to the multitudinous land use policy and project decisions that have such an important impact on the future of our local communities. Giving listeners information about their opportunities to get involved in land use decisionmaking is what I call the “unhidden agenda” of the Land Use Report. This week, Christmas week, is not the season for governmental meetings. You’re off the hook! I hope all of those listening will have a wonderful holiday experience as we get ready to turn a corner, and start a sprint into the coming New Year. Since there aren’t really any governmental meetings I can comment on this week, let me note that one way to affect land use policy is to use the initiative powers that are guaranteed to the people in the California Constitution. If you want to get an idea of just how significant the use of the initiative power can be, check out today’s edition of the Land Use Report blog, at kusp.org/landuse. The Monterey County Weekly has a very informative article about an initiative measure in Salinas that may end up in reigniting fireworks sales in that City. We will probably know by the next Fourth of July. Just in time! More Information: Land Use Links Gary Patton’s Two Worlds Blog Monterey County Weekly Article On Initiative Measure

Sunday, December 20, 2015/ 7:30 a.m. I follow water issues in both Monterey and Santa Cruz County. Land use, transportation, and water policy all go together. From the point of view of “land use,” I would say the main idea is to make sure that commitments aren’t made to new development unless there is a clear way to provide necessary water. Additionally, new developments should really only be approved if the development, as proposed, won’t overstress, even further, the transportation networks that serve our local communities. If you think that’s a “good” approach (a “common sense” approach, some might say), and if you don’t think that kind of approach to development is currently being taken by the local government agencies representing you, then maybe you should get more personally involved in the land use, water, and transportation decisions made by local government. As I say from time to time, stimulating that kind of personal participation is the “unhidden agenda” of the Land Use Report. In today’s blog posting, at kusp.org/landuse, I have a link to an article on groundwater management in Monterey County. It’s worth reading. It could also be well worth your time to get personally involved. One person who is personally involved sent me an email, saying that independent and mutual well owners in rural areas should have a voice in managing groundwater. That’s not now the plan, but it does sound like a pretty good idea to me! More Information: Land Use Links Gary Patton’s Two Worlds Blog Article In Monterey County Herald on Groundwater Management

Friday, December 18, 2015 / 7:30 a.m. and 4:30 p.m. The Santa Cruz County Regional Transportation Commission is moving towards a ballot measure in 2016 that will propose an increased sales tax for transportation purposes: Thirty percent of the proceeds would go to Neighborhood Projects Twenty-five percent would go for Highway Corridors Sixteen percent would go to Mobility Access Fifteen percent would go to the proposed Coastal Trail Fourteen percent would to to the Rail Corridor Today, I want to let you know that the Transportation Commission has started work on its 2040 Santa Cruz County Regional Transportation Plan (or RTP), and that the Commission would like your input. The RTP identifies multi-modal transportation needs (highway, local road, transit, bicycle, pedestrian, etc.), and identifies a financially constrained list of priority projects. In other words, if the sales tax is increased, how exactly should that new money be spent? The 2040 RTP is scheduled to be completed in June 2018, and your input on two items is being solicited now: First, what do you think about the draft goals, policies, and targets of the 2040 RTP? Second, what specific transportation projects do you think could improve the transportation network? The Commission would like to hear from you by January 7th. More Information: Land Use Links Gary Patton’s Two Worlds Blog Land Use Report – Sunday, December 13th Commission Website on RTP Planning

Wednesday, December 16, 2015/ 7:30 a.m. and 4:30 p.m. On December 7th, the Monterey County Board of Supervisors decided, by a 4-1 vote, to eliminate restrictions that have kept 161 single-family homes affordable to families with average or below average incomes. About fifteen years ago, a 100% affordable housing subdivision was built near Castroville, and the new homes were sold at a “below market price” to the lucky purchasers. One of the conditions of approval, though, was that when the homes were sold, they had to be sold to another purchaser who was of an average or below average income. This condition is called a “resale restriction.” Without that restriction, the benefit of the reduced price paid by the initial purchaser would just be turned into a personal profit for the initial homeowner. Now, the Board has voted to eliminate that condition, and the 161 current owners will be able to sell their homes at the market price, eliminating the 161 currently affordable homes. Supervisor Jane Parker was the only member of the Board to vote “No.” She said she was “concerned that removing much-needed affordable housing that other low-income families could benefit from was a ‘disservice to the community’ and allows a ‘few people’ to benefit from something that was supposed to benefit the entire community.” The actual “final final” decision will be made on January 26th. If you care, you should let your Supervisor know what you think. More Information: Land Use Links Gary Patton’s Two Worlds Blog Monterey Herald Article

Friday, August 14, 2015 Water supply issues confront communities on both sides of the Monterey Bay. Earlier this week, I talked about the water supply planning efforts underway in the City of Santa Cruz. To remind you, there is a meeting of the City’s Water Supply Advisory Committee this afternoon, at 2:00 p.m., for those who’d like to find out in detail what sort of recommendations may be forthcoming. This morning, though, I’d like to highlight two upcoming meetings in Monterey County. My personal judgment is that the water supply challenges facing Monterey County communities, particularly on the Peninsula, make the difficult challenges across the Bay seem less daunting. On Tuesday, August 18th, California American Water and the Public Policy Institute of California are hosting a forum from 6:00 to 7:30 p.m. The forum will be held at the Middlebury Institute of International Studies, in the Irvine Auditorium, located at 499 Pierce Street in Monterey. On Wednesday, August 19th, from 5:30 to 7:00 p.m., California American Water is inviting the public to meet the Cal-Am Board of Directors at a public comment session. All sorts of feedback is being solicited. The meeting will take place in Chautauqua Hall, 162 16th Street in Pacific Grove. I definitely encourage your attendance. Get more information at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog City Press Release On WSAC Meetings Details on August 18th Forum Cal-Am Press Release For August 19th Meeting PPIC Events Page

Thursday, August 13, 2015 There are four cities in Santa Cruz County, and the City of Capitola is one of them, though everyone should note that at least half the population of Santa Cruz County doesn’t live in any city at all. Sometimes, people get confused, and think that the various “place names” we know, and use, mean that the designated locations are cities, but that’s not true. Aptos, Soquel, Boulder Creek, Live Oak, Freedom, Bonny Doon, and Davenport (to name a few) are not cities at all. Those unincorporated areas are under the jurisdiction of the Board of Supervisors. There are only four cities, with their own city councils, and Capitola is the smallest. Size, however, does not equate to importance! The Capitola City Council will be meeting tonight at 7:00 p.m. The Council is still meeting at the City Hall, located at 420 Capitola Avenue, though there is a proposal to turn the City Hall into a hotel, and to move the center of government elsewhere. That’s very controversial, but that proposal is not on the agenda tonight. An item that is on the agenda, and that might be interesting to lots of people, is a status report on the issues and options presented by the Zoning Code Update. How Capitola rezones the City, to conform its detailed zoning to the relatively recently adopted Capitola General Plan, will have impacts throughout mid-county. There is more information at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Council Agenda Packet – August 13, 2015 Meeting Article on Hotel Proposal City of Capitola Website Santa Cruz County Statistics

Wednesday, August 12, 2015 Yesterday, I mentioned last night’s meeting of the Santa Cruz City Council, with an emphasis on the presentation made by the City of Santa Cruz Water Supply Advisory Committee, or WSAC. Today, let me relay an invitation. I have received a press release headlined this way: “PUBLIC INVITED TO AUGUST WATER SUPPLY ADVISORY COMMITTEE MEETING.” I hope that invitation will be of interest to many of you. The Water Supply Advisory Committee is going to hold two sessions this week. The first session is scheduled for tomorrow, Thursday August 13th, at 5:00 p.m. A second session will be held on Friday, August 14th, at 2:00 p.m. Both sessions will be held at the City’s Police Community Room, located at 155 Center Street. All members of the public are invited and encouraged to attend. The Water Supply Advisory Committee is due to present their recommendations to the City Council in October. Currently, WSAC members are working as individuals and in groups to put together portfolios of solutions to address the City’s water supply challenges. These proposals will be presented and discussed at the two meetings I just mentioned. These meetings, in other words, are quite likely going to be both interesting and lively, as WSAC works on strategies for decision-making around implementation of the final proposal. I have links to more information at kusp.org/landuse.  More Information: Land Use Links Gary Patton’s Two Worlds Blog WSAC Website City Press Release On WSAC Meetings WSAC Documents For August Meetings

Tuesday, August 11, 2015 Last week, lightning struck and the rain came down, but only ever so briefly where I live. I live in the City of Santa Cruz, and City residents are still worrying about long-term water supplies. If you happen to live within the City of Santa Cruz’s water service area, and that means in the entirety of the City, in Pasatiempo, in Live Oak, and in parts of the City of Capitola, you might want to show up at the City Council meeting this evening. The meeting starts at 7:00 p.m., at the Santa Cruz City Hall, and there are links to more information, at kusp.org/landuse. Tonight, Agenda Item #28 will be an update report from the City’s Water Supply Advisory Committee, often called WSAC [that is generally pronounced wah-sack], which has been given three different assignments. First, Committee members were instructed to learn about the City’s water sources and delivery system in detail, to learn about the community’s water supply and demand, and to learn about opportunities to improve the reliability of Santa Cruz’s water supply. Second, the Committee was directed to “explore possible solutions in detail.” Third, the Committee is supposed to provide the City Council with a list of recommendations to solve the supply and demand gap. Tonight’s presentation to the Council will provide a kind of “first installment” on that list of recommendations. From what I can tell, the Committee will have a truly innovative proposal for the City by October. More Information: Land Use Links Gary Patton’s Two Worlds Blog City Council Agenda, August 11, 2015 Meeting Report to Council on Agenda Item #28 WSAC Website

Monday, August 10, 2015 In California, the trial courts are called “Superior” courts. A Superior Court, or trial court, decision only affects those parties directly involved in the litigation. Appellate court decisions, however, if they are published (and not all of them are) can establish a precedent that has a more general impact. In effect, appellate court decisions (and decisions of the Supreme Court, too) have the same kind of impact as legislation. The decisions state rules that other courts are bound to follow in similar cases. If you happen to be a mobilehome park resident, worried that you may be ousted from your mobilehome by the conversion of the park from a rental park to an ownership park, a recent decision of the Second District Court of Appeal is good news. In Carson Harbor Village v. City of Carson the court held that the General Plan policies of the City of Carson trumped the desire of the mobilehome park owners to convert their park, which would probably have displaced many lower income tenants. This decision strongly affirms what I have often said about the local community General Plan. Here’s the court speaking: Cities must have general plans governing development, including the protection of open space, and must also deny proposed subdivisions that are inconsistent with their general plans. Check out this very important court decision at kusp.org/landuse. Land Use Links Gary Patton’s Two Worlds Blog Carson Harbor Village v. City of Carson Court Opinions Website

Friday, August 7, 2015 Noisy airplanes seem to be a problem for lots of people in Santa Cruz County. And in other places, too. Activists have been sending me information about local and Bay Area efforts to confront the Federal Aviation Administration, or FAA, about FAA-approved changes to the approach pattern to the San Francisco International Airport. These new approach patterns have exposed new areas to jet‑caused noise, all in the name of a better and more efficient air transportation system. If you’d like to find out more, you might want to visit the Facebook site, or the website, for a group that calls itself “Save Our Skies,” though I think it might be better if they had they named the group “Save Us From Our Skies.” The complaints (and the problems) are very real, and local, state, and federal elected officials are beginning to get involved. Santa Cruz County Supervisor John Leopold has been playing a key role at the local level, and both Sam Farr and Anna Eshoo, Members of Congress representing areas within Santa Cruz County, are also gearing up to deal with the issues. Assembly Member Mark Stone is also engaged with the problem. If you are affected, you can not only hook up with the activist group; you can also register your concern with one of these elected officials, and ask them to keep you posted. There are links to more information in today’s transcript at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Article on Portola Valley Lawsuit On Airport Noise Save Our Skies Facebook Page Save Our Skies Website

Thursday, August 6, 2015 Listeners have probably heard about “green” land use. The idea is that new development should meet rigorous environmental standards, reducing water use, and energy use, and using less land for more development by increased residential densities, coupled with mixed-use development that can make it convenient to substitute a walking trip, or a bicycle trip, for what would otherwise be an automobile trip. Well, one of the nation’s foremost supporters of smart growth, or “green” development, has just issued an important warning. Kaid Benfield, who is associated with the Natural Resources Defense Council, is a nationally-recognized expert on “green” development. Thus, I paid attention when I heard about his most recent article, “Green Sprawl Is Still Sprawl.” I have a link in today’s edition of the Land Use Report blog, found at kusp.org/landuse. If the article sounds interesting, I hope you’ll track it down. While the specific development proposal Benfield reviews is located in San Diego County, the lessons he provides in this recent article are applicable in the Monterey Bay Region, too. One local example of what might be called “green sprawl” is the East Garrison project out on Reservation Road. Location, location, location. It can’t be called “green” if it’s located away from existing developed areas. More Information: Land Use Links Gary Patton’s Two Worlds Blog Kaid Benfield’s Switchboard Blog

Wednesday, August 5, 2015 The mayors of the cities on the Monterey Peninsula are showing some concern about California American Water's proposed desalination project. The project may stall out, or experience significant delays, as Cal‑Am has to deal with charges of a fundamental conflict of interest in the preparation of a legally required Environmental Impact Report. There are problems with the “test well” that Cal-Am has constructed in Marina, too. Testing had to be suspended because running the well drew down groundwater levels beyond the limits that the Coastal Commission said were acceptable. The Monterey County Weekly had an informative article about action taken by the mayors on July 30th. The mayors sent a letter to the California Public Utilities Commission, asking for help. Cal‑Am is a multi‑national, privately-owned corporation, so there is no direct control at the local level. Because there isn’t, the State PUC becomes the regulating entity, charged with protecting the public interest. I have a link to the mayors’ letter in today’s transcript at kusp.org/landuse. Among other things, the mayors are hoping that the PUC will officially ask the State Water Resources Control Board to extend a deadline that mandates Cal-Am to reduce water withdrawals from the Carmel River. If the current December 2016 deadline isn’t extended, the Peninsula’s water supply could be cut in half. More Information: Land Use Links Gary Patton’s Two Worlds Blog Monterey County Weekly Article on Carmel River Deadline Text of Mayors’ Letter