The Land Use Report

Tuesday, February 18, 2014 In the realm of land use, “we” make the laws. But who is that “we” I am talking about? As most of us know, it is our elected officials who make the laws. These elected officials, however, have been given this power only as our “representatives.” That’s the theory, anyway, and if we can turn that theory into practice “we,” all of us, really are able to make the law. We do it through the political process. I recently taught some courses in the Legal Studies Department at the University of California at Santa Cruz, and I told students about what I call the “Fundamental Equation” of government (“Politics” gives us “Law” gives us “Government”): Politics > Law > Government If you’d like to see that diagrammed out, please track down the transcript for today’s Land Use Report at kusp.org/landuse. Out of the controversy and conflict that is the natural realm of politics, we arrive at “decisions.” These decisions are written down as laws, the prescriptions by which we announce what we intend to do. When we follow those prescriptions, our laws, we “govern” our world: “Politics” leads to “Law” leads to “Government.” That “Fundamental Equation” brings me to the title of today’s talk: “Who Cares?” We are all able to participate in the democratic political process that results in the laws that ultimately govern our world. Only those who care enough to get involved themselves will make those laws! More Information: Land Use Links Gary Patton’s Two Worlds Blog

Monday, February 17, 2014 The most important thing to know about land use law (in my opinion) is that “we” make the laws. The word “law” often conjures up the idea of “inevitability.” A “law” is a statement about what “must happen.” That is a common way to think about the “law.” The idea that our “laws” state inevitabilities, what must and will happen, comes from the fact that the “laws” of the natural world are indeed statements about what must “inevitably” happen. We know about the “law of gravity,” or that famous equation E = MC2, and we are used to thinking that all laws are like the laws of physics. Land use laws (and all human laws) aren’t like that. Human laws don’t state what “must” or “will” happen; they state what we “want” to happen. Instead of being a “description” of how the world inevitably works, human laws are a “prescription,” a statement we make to ourselves about what we want to do. This is a rather “simple” thought, I know, but I actually think it is a pretty important thought. In the realm of land use, if there is a law that doesn’t seem to be helpful, or that seems to be getting in the way of something we’d like to accomplish, we need to remember that we can change that law. The courts, in fact, use the word “plenary” to describe our ability to change our land use laws through governmental action. Our land use laws are like a prescription, and we can change our prescription. We’re the doctor! More Information Land Use Links Gary Patton’s Two Worlds Blog

Friday, February 14, 2014 Last Saturday, a rather rainy day, I attended the 10th Annual California Water Law Symposium. This annual water law conference is totally run by students of the following California law schools: UC Davis School of Law; Golden Gate University School of Law; UC Berkeley School of Law (Boalt Hall); University of Pacific, McGeorge School of Law; University of San Francisco School of Law; and UC Hastings College of the Law, which acted as the host this year. It would be hard to overstate the quality of the information presented and the eminence of the speakers. If KUSP listeners would like to get a feel for the topics and speakers, you should check out the link available at kusp.org/landuse. There are lots of materials available on the website. I learned a lot at the Water Law Symposium. One of the things I learned is that atmospheric scientists believe that the melting of Arctic ice, related to global warming, is a major cause of the high-pressure ridge that has blocked rainfall from reaching California this water year. I also learned (or had reconfirmed, more accurately) that water planners think that we are in the middle of an historic drought, despite the precipitation so evident last weekend. It is a time to stop fooling around on water, and fundamentally to reform our water system. Check out that website! Lots of lessons we need to learn. More Information: Land Use Links Gary Patton’s Two Worlds Blog Water Law Symposium Website

Thursday, February 13, 2014 Can I persuade you to go tramping around in the woods and forests of the Central Coast Region, all in the name of science? I’d like to do that, and I am giving you a real opportunity to schedule ahead. Mostly, I find out about meetings only shortly in advance, and when I put the word out on the Land Use Report I know that I am not really giving listeners a fair opportunity to show up and be heard. If you hear about a meeting at seven in the morning, and I suggest that you show up in Salinas, or Santa Cruz, or somewhere else by 9:00 a.m. on the very same day, the chances that you can actually do that are relatively slight. But what if I tell you, today, on February 13th, that you should plan ahead for activities on April 12th or May 4th? I am giving you lots of time, here, to plan to participate in the 2014 effort to document the extent of Sudden Oak Death in the Central Coast Region. The spread of Sudden Oak Death in both Monterey and Santa Cruz County is a real threat to our environment, and volunteers are needed for this year’s survey project. This is a one-day commitment. It’s April 12th in Santa Cruz County, and May 4th in Carmel Valley. The US Forest Service and the California Native Plant Society are involved in this effort. I hope you will plan to get involved, too. There are details at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Sudden Oak Death Blitz Website

Wednesday, February 12, 2014 The California Coastal Commission is meeting today and tomorrow, in Pismo Beach, and because the Commission webcasts its meetings, you can watch what is going on without having to make the drive down south. Representatives of environmental groups are expecting to testify at a hearing to be held this morning, on ocean fracking. These environmental groups include the Environmental Defense Center, based in Santa Barbara, Surfrider Foundation, the California Coastal Protection Network, the Ocean Foundation, Wildcoast/Costa Salvaje, and CFROG (Citizens For Responsible Oil and Gas). These groups have prepared a report called “Lift The Fog on Ocean Fracking.” They will be urging the Commission to take a number of specific actions that will result in more public information about what the oil companies are actually doing, offshore, and more public control over actions that could be putting our marine environment at risk. Thursday, the Commission will focus on a number of Central Coast items, specifically including a review of requests from both Monterey County and Santa Cruz County that the Commission allow modifications to the counties’ current Local Coastal Programs, in each case to “streamline” the local government permit process. These actions will be considered as part of Agenda Items #27 and #29. You can get the details and full staff reports by using the agenda link in today’s transcript. More Information: Land Use Links Gary Patton’s Two Worlds Blog Coastal Commission Agenda Lift The Fog On Ocean Fracking

Tuesday, February 11, 2014 I like to advertise opportunities for KUSP listeners to get directly and personally involved with the governmental decision making process, and so I am happy to tell you that there are lots of interesting meetings to attend today. Tonight at 7:00 o’clock, the Soquel Creek Water District is making a presentation on water challenges in the Mid-County area of Santa Cruz County. The meeting will be held at the Aptos Community United Methodist Church, located at 221 Thunderbird Drive in Aptos. Also tonight, at 7:15, the group called Aptos Local Economies (sometimes also called “Save Aptos”) is meeting at the Aptos Grange Hall, 2555 Mar Vista Drive in Aptos. The focus of this group is the proposed expansion of the Safeway Store, and the reconfiguration of the Rancho Del Mar Shopping Center. That is a big issue for Aptos, and visitors are welcome at the meeting tonight. Finally, the Santa Cruz City Council is meeting at 2:30 in the afternoon, and at 7:00 p.m., to discuss water issues. The Council will be making appointments to its Water Supply Advisory Committee at the 2:30 session. At 7:00 o’clock, the Council will be considering actions related to the current drought conditions affecting the City. Those actions could profoundly affect everyone who depends on water from the City of Santa Cruz. You can get more information at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Aptos Local Economies Facebook Page City of Santa Cruz Council Agenda Staff Report - Water Supply Advisory Committee Proposed Membership – Water Supply Advisory Committee Staff Report – Drought Response Actions Soquel Creek Water District Website Aptos Community United Methodist Church Website For more information about the Soquel Creek meeting call 831-688-2210

Monday, February 10, 2014 Tomorrow, the Santa Cruz County Board of Supervisors and the Monterey County Board of Supervisors will both be holding regular meetings. In Santa Cruz County, the Board will consider a proposed 40-unit senior housing development at 2500 Soquel Avenue, in the Live Oak Planning Area. The proposal is to divide an approximately 3-acre parcel of land on which St. Stephens Lutheran Church now stands. Two parcels would be created, one of 1.28 acres, on which the church would continue to exist, and one of 1.79 acres, on which the 40 new senior housing units would be constructed. In Monterey County, the Board will be taking a lunchtime tour of the Firestone Business Park and Encore Recycling facility, located at 340 El Camino Real in Salinas. Members of the public can also take the tour. While I didn’t see any reference to this on the Board’s online agenda, as of the time I recorded today’s Land Use Report, open space activists who care about the future development of Fort Ord think that the Board may be going to consider the sale of the Whispering Oaks property and other habitat parcels during their meeting tomorrow. If you care about that possibility, check with the Board of Supervisors. You may want to attend the meeting, or communicate with your representatives. Links to both agendas are available at kusp.org/landuse. More Information Land Use Links Gary Patton’s Two Worlds Blog Agenda – Santa Cruz County Board of Supervisors Agenda – Monterey County Board of Supervisors St. Stephens Affordable Housing Proposal (Santa Cruz County)

Friday, February 7, 2014 Let me tell you about a land use policy issue in the City of Palo Alto. There is a generally applicable lesson here, and one that should be of interest to Land Use Report listeners. In Palo Alto, the Zoning Code includes a “Planned Community” or PC Zone, which the City Council can use to approve developments that are inconsistent with normal zoning requirements, providing the Council finds the development will have “public benefits.” Employing that PC designation, the Council approved a housing project last June. Opponents mounted a referendum, and the project was overwhelmingly defeated in the November election. In essence, the voters decided that the proposed housing development was incompatible with the rest of the neighborhood’s zoning and character. The whole PC concept, however, is now under attack. The idea that elected officials should be able to trade off neighborhood zoning protection for things that the Council considers to be “benefits” is quite dangerous. It is difficult to value the so-called benefits, and even more difficult to make sure that they are permanent. The temptation to bargain with developers, and to trade away neighborhood protections for “benefits,” is not a practice restricted to Palo Alto. I hope listeners will check out the analysis of the Palo Alto case that I have referenced in today’s transcript at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Palo Alto Online Article On Zoning For Public Benefits

Thursday, February 6, 2014 If you want to follow land use items, you need to think about both water and transportation, too. So, for Land Use Report listeners who would like to know what is happening on the transportation front, let me announce a meeting that will begin at 9:00 a.m. today, Thursday, February 6th. This is a meeting of the Santa Cruz County Regional Transportation Commission, and it will be held in Watsonville. The big item on today’s agenda is Agenda Item #17, scheduled for 9:15 this morning. This is a public hearing to consider certifying an Addendum to the Final Environmental Impact Report (or FEIR) for the Monterey Bay Sanctuary Scenic Trail Network Master Plan. Adoption of a revised Plan is another action that the staff is recommending. In summary, after final adoption of the Scenic Trail Network Master Plan in November of last year, the Commission continued to hear concerns about Segment #17 of the proposed rail trail. This is the “Harkins Slough” segment, extending from the intersection of Buena Vista Drive and San Andreas Road to Lee Road. The staff is now suggesting that changes be made, and they do not appear to be minor changes, either. Unfortunately, you’ll have to go to the meeting to get the details. They are not online. You can get links to more information about the meeting at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Agenda, Transportation Commission Website Pages on Monterey Bay Sanctuary Scenic Trail Network Trail Network Master Plan Final

Wednesday, February 5, 2014 The Santa Cruz County Local Agency Formation Commission, or LAFCO, will meet this morning, at 9:30, at the Santa Cruz County Governmental Center. You are invited! Last week, State public health officials identified 17 towns and water districts that could completely run out of water within 100 days. On the list is the Lompico County Water District. Today, LAFCO will be receiving a status report on organizational options for the Lompico County Water District. I have to think that the discussion will be conducted with a real sense of urgency. The idea that the Lompico County Water District might merge with the San Lorenzo Valley Water District has been discussed for at least a couple of years. As you can imagine, there are real financial and other obstacles. The current drought, though, could be a catalyst. If I were a Lompico Water District customer, I’d be heading down to the LAFCO meeting this morning. NOT on the today’s LAFCO agenda is any action on the application by the City of Santa Cruz to extend water service to UCSC, to allow the University to construct over 3,000,000 square feet of new buildings. I am the attorney for the Community Water Coalition, which has been opposing this idea. It is just speculation, but the drought may have convinced both the City and UCSC to drop any further action at this time. More Information: Land Use Links Gary Patton’s Two Worlds Blog LAFCO Website Santa Cruz County LAFCO Agenda, February 5, 2014 Meeting San Francisco Chronicle Article Listing Water Districts Threatened by Drought

Tuesday, February 4, 2014 There are serious water issues in both Santa Cruz and Monterey Counties. Of course, the whole state faces very significant water supply challenges right now. On Friday, January 31st, the State Department of Water Resources cut back to zero water allocations to agricultural and other water users south of the Delta. The economic and other impacts of this action will be profound. With luck, the current drought is not the “new normal” for the state, and significant rain and snow will be returning to California (and hopefully soon). But even if significant rains return, the water issues facing Santa Cruz and Monterey Counties aren’t going away. Continuing groundwater overdraft exists in the Salinas Valley, in the Pajaro Valley, and in the Santa Cruz mid-county area. Either new water supplies must be developed, or conservation measures will have to be implemented. That can include using recycled wastewater, which is the topic that will be discussed tonight at 7:00 p.m. at the Capitola City Hall. The Salinas City Council, meeting this afternoon at 4:00 p.m., is going to hear a presentation from Deepwater Desal. This private company thinks they have a good way to generate fresh water from seawater at their facility in Moss Landing. There has been some talk of building a large regional facility, perhaps serving areas from Salinas to Santa Cruz. Here is another good meeting to attend! More Information: Land Use Links Gary Patton’s Two Worlds Blog Salinas City Council Agenda For February 4, 2014 Meeting Soquel Creek Water District Website Deepwater Desal Website

Monday, February 3, 2014 The Soquel Creek Water District Board of Directors will be meeting at 7:00 o’clock tomorrow evening (that’s Tuesday evening, February 4th). The meeting will be held at the Capitola City Council Chambers, and the public is very much encouraged to attend and participate. In fact, the District’s General Manager went out of her way to ask me to make sure that Land Use Report listeners know about the meeting tomorrow. The Board is going to be hearing from a number of experts, and will be focusing on possible recycled water options as a potential water supply, to help the District deal with the very serious seawater intrusion problems now affecting the District’s ability to provide a reliable and long‑term water supply for its customers. Who are those customers? Most of the people living in the City of Capitola, and pretty much everyone living in Soquel, Aptos, Rio Del Mar, and La Selva Beach is a customer of the Soquel Creek Water District. Private well owners may not be customers, but they are affected by groundwater overdraft, too, and I hope many mid-county residents will be able to attend. As a reminder, the City of Santa Cruz Water Commission is meeting tonight, at 7:00 p.m. at the Santa Cruz City Hall. That is likely to be an interesting meeting, too, with mandatory water rationing likely to be a hot topic! There is more information on both meetings at kusp.org/landuse. More Information Land Use Links Gary Patton’s Two Worlds Blog Soquel Creek Water District Website City of Santa Cruz Water Commission Agenda Last Week’s Land Use Report on City Water Commission

Friday, January 31, 2014 Water activists in the City of Santa Cruz are hoping to encourage public participation at an upcoming meeting of the City’s Water Commission. The City’s website isn’t listing the meeting at the time I am recording this, but activists are distributing flyers and email alerts asking concerned residents to show up at the Santa Cruz City Hall at 7:00 p.m. on Monday, February 3rd, to let the City’s Water Commission know about the immediate need for aggressive water conservation efforts. When I tell you that California is currently facing what may be one of the most severe droughts in recorded history, I am not delivering any news you haven’t heard before. It’s pretty obvious. In fact, it has been kind of spooky to go outside each morning, and to encounter what is truly perfect summer weather, right in the middle of January. The flyers I have seen urge the City of Santa Cruz to take aggressive and immediate action to reduce water consumption, in the face of the current drought. One suggestion is that the City stop using drinking water to irrigate the City’s golf course. If we were to run out of drinking water partly because of trying to keep the golfers happy lots of other people would end up being very unhappy. In general, the message that the water activists want to convey is that we need to start cutting back water use sooner, rather than later. If you care about the issue, from whatever perspective, mark your calendar for the Monday meeting! More Information: Land Use Links Gary Patton’s Two Worlds Blog Santa Cruz City Water Commission Website Santa Cruz Desal Alternatives on Facebook Desal Alternatives Website

 Thursday, January 30, 2014 Let me tell you about a couple of meetings being held today in Monterey County during which important water policy issues will be discussed. At 2:00 p.m. today, the Regional Advisory Committee of the Monterey County Water Resources Agency will be meeting in Salinas. The Advisory Committee is supposed to be giving the Agency advice on how to allocate available water from the Salinas River. If you have been following this issue at all, you will remember that the Monterey County Board of Supervisors has been discussing this very topic in a series of closed personnel sessions. The County Counsel thinks that this was legal; others disagree. What seems to be admitted by all involved is that the Board of Supervisors hasn’t been waiting around for the Regional Advisory Committee to present its thoughts. Reportedly, the Board has been discussing the sale of available water for non-agricultural, urban uses. Farmers seem to be concerned Another important meeting today begins at 9:00 a.m. in Watsonville. The Central Coast Regional Water Quality Control Board will consider, among other things, the Irrigated Lands Regulatory Program that is of such importance to both farmers and to those concerned about improving the environmental quality of local water bodies. Naturally, you are invited to attend these public meetings. I have put links to more information in the transcript of today’s Land Use Report, at kusp.org/landuse. More Information: Land Use Links Gary Patton’s Two Worlds Blog Monterey County Water Resources Agency Home Page Agenda, January 30, 2014 Meeting of MCWRA Regional Advisory Committee Central Coast Region Water Quality Control Board Home Page Agenda Notice, January 30, 2014 RWQCB Meeting in Watsonville

Wednesday, January 29, 2014 Big changes seem to coming to the Eastside of the City of Santa Cruz. Specifically, it appears that the U.S. Post Office located at the corner of Soquel Drive and Morrissey Boulevard is going to disappear around the first of next year. As listeners probably know, budget problems have led the U.S. Postal Service to close post offices all across the country. In this case, though, it doesn’t appear that the Postal Service has initiated the closure. It seems that they have simply lost their lease. Obviously, budget and financial issues do play a role whenever a lease comes up for renewal. Usually, being willing to pay more lets an existing user continue to occupy a rented property. Whatever the negotiations may have been, however, a letter dated January 13th informed at least some Eastside residents that changes were on the way. The letter sent out on January 13th wasn’t from the Postal Service. It was from Grocery Outlet, a self‑described “bargain market.” Grocery Outlet plans to join Safeway, Whole Foods, Staff of Life and Shoppers Corner to make the two-block area between Branciforte and Morrissey, into a kind of “Grocery Central.” Grocery Outlet has announced its intention to host a neighborhood meeting at the end of February. No specifics are currently available. At least some City planning approvals will be required, and if residents want to get engaged on this issue, I’d suggest sooner rather than later! More Information: Land Use Links Gary Patton’s Two Worlds Blog Santa Cruz Sentinel Article on Grocery Outlet plans