Gary Patton's Land Use Reports
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The following Land Use Reports have been presented on KUSP by Gary Patton, General Counsel of The Planning and Conservation League. The opinions expressed by Mr. Patton are not necessarily those of KUSP
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You can contact Gary Patton at PCL by emailing him at: gapatton@pcl.org.


Monday, March 3, 2008 – Santa Cruz County Green Building

On Tuesday, the Santa Cruz County Board of Supervisors is going to be considering a “Green Building Checklist,” to help those undertaking new residential construction respond to the challenge of global warming. 

This is not a new “regulatory” program. The purpose of the Checklist is simply to get permit applicants to start thinking about green building, and to consider the kind of green building features that can be incorporated into the design of a residence. The Checklist, in other words, would impose no specific requirements for the use of green building techniques. The only requirement is that the permit applicant complete the Checklist, and submit the completed Checklist along with the applicant’s Building Permit Application. 

What’s on the Checklist? Well, you can “check it out” yourself by finding the written transcript for today’s Land Use Report. The Checklist includes features relating to community design; the building site; the building’s foundation; the building’s structural frame; plumbing; electrical; exterior finish; windows; insulation; the heating, ventilation, and air conditioning system; roofing; and the use of natural heating and cooling techniques. And this is just a “partial list.” 

If we are serious about the global warming challenge (and we better start getting serious) green building techniques will soon become a “minimum standard.” For the time being, in Santa Cruz County, the “Green Building Checklist” is a way to focus our attention on what we can do voluntarily. 

For KUSP, this is Gary Patton. 

More Information
Board Agenda, March 4, 2008 – http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/ASP/Display/SCCB_AgendaDisplayWeb.asp?MeetingDate=3/4/2008
The Green Building Checklist (and staff report) – http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/non_legacy/agendas/2008/20080304/PDF/030.pdf  


Tuesday, March 4, 2008 – Wastewater in Los Osos

Thanks to a state law signed in 2006, the County of San Luis Obispo has now taken over responsibility for the design and construction of a new wastewater treatment system for the Los Osos area. Today, the Board of Supervisors will consider a contract with a Walnut Creek engineering firm, for over $800,000 of engineering support for the project, including environmental review and the use of so-called “design/build” techniques. 

Cleaning up water contamination problems caused by inadequate wastewater systems is a good thing. And in this case, the Regional Water Quality Control Board has issued an Order, demanding groundwater cleanup. The problem is that the cost of cleaning up the contamination will perhaps be so great that the existing residents will not be able to afford the assessments imposed as part of the cleanup effort. If that were true, existing residents would be forced to sell their homes and property to someone who could afford the assessment. A “good” water cleanup project could destroy a “good” low and middle-income community. Some Los Osos residents, in fact, think that this is the real idea, and that the project is actually intended to spur new, upper income residential development. 

You can find out more about this important project by clicking on the Land Use Report icon on KUSP’s website, and tracking down the written transcript for today’s Land Use Report.  

For KUSP, this is Gary Patton. 

More Information
San Luis Obispo County Board of Supervisors’ Agenda –
http://slocounty.granicus.com/AgendaViewer.php?view_id=2&event_id=31
Staff Report on Los Osos Wastewater Project –
http://slocounty.granicus.com/MetaViewer.php?view_id=2&event_id=31&meta_id=86973
Copy of Assembly Bill 2701 (Blakeslee, 2006), authorizing the County to assume responsibility for the Los Osos community wastewater project – http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_2701-2750/ab_2701_bill_20060920_chaptered.pdf   


Wednesday, March 5, 2008 – Big Plans For Downtown Salinas

How about tearing down the John Steinbeck Library in downtown Salinas, as part of a major urban redevelopment project? That idea seems to be under serious consideration by the City of Salinas, which would really like to reinvigorate and redevelop its downtown. 

Cities and counties play the most important role in land use policy making, within the governmental system established under California state law. Listeners to this weekday Land Use Report certainly know that, since I make that point quite frequently. When I make the point, I usually note the extensive “regulatory” powers of local government, since the “regulations” established by local governments (through their adoption of general plans, and zoning ordinance provisions) provide guidance and direction for all private and public activities affecting land use, and thus affecting our future.  

Local governments, however, also have some other, non-regulatory powers that play a big role in determining our land use future. First, cities and counties can carry out public works and construction projects themselves. Second, they can “partner” with private companies to “redevelop” areas within their jurisdiction. That’s what the City of Salinas is talking about, with respect to areas along Lincoln Avenue, between Central Avenue and San Luis Street. This idea is just in the beginning stages. If you care about the future of downtown Salinas,  think about getting involved now! 

For KUSP, this is Gary Patton. 

More Information
Salinas Californian articles – http://www.californianonline.com/apps/pbcs.dll/article?AID=200880226025
http://www.californianonline.com/apps/pbcs.dll/article?AID=2008802270302  
 

Thursday, March 6, 2008 – Local Government and Global Warming

Monday, I talked about the “Green Building Checklist” developed by Santa Cruz County, to help residential building permit applicants think about how to integrate green building techniques into their projects. Many green building techniques would actually save us money, as well as helping to address what is perhaps the most difficult environmental challenge in human history. 

Attorney General Jerry Brown is providing exemplary leadership on global warming issues. He has established what might be called a “global warming task force” of attorneys and planners within the Department of Justice, to work closely with cities and counties, helping them to pay attention to what they can do about global warming. In a way, the Attorney General is doing at the level of city and county government what Santa Cruz County is trying to accomplish at the level of individual activity, through its “Green Building Checklist.” 

If you are a local government official, I urge you to attend one of the workshops that the Attorney General is helping to co-sponsor around the state. They are being advertised on the Attorney General’s website, which now has a special section on global warming. Local officials might also want to participate in a March 11th Workshop and webcast on greenhouse gas emission inventories, and the protocols that local governments can use in tracking greenhouse gas emissions. The webcast is a project of the State Air Resources Board. The Monterey Bay Unified Air Pollution Control District is also deeply involved. 

For KUSP, this is Gary Patton. 

More Information
Attorney General’s Website – http://ag.ca.gov/
Global Warming section of the AG’s Website - http://ag.ca.gov/globalwarming/
CEQA and Climate Change Workshops for Local Government –
http://www2.lgc.org/events/index.cfm?fuseaction=conference&cid=80
A Monterey Bay CEQA Global Warming Workshop will be held on May 23rd
Monterey Bay Unified Air Pollution Control District Website - http://www.mbuapcd.org/
ARB Website - http://www.arb.ca.gov/homepage.htm
Global Warming section of ARB website - http://www.arb.ca.gov/cc/cc.htm
Local Government Protocols - http://www.arb.ca.gov/cc/protocols/localgov/localgov.htm
Workshop Notice for March 11th event - http://www.arb.ca.gov/cc/protocols/localgov/meet/meet.htm  


Friday, March 7, 2008 – The City of Monterey and the County General Plan

Next Tuesday, the Monterey City Council will be meeting at 7:00 p.m. Of particular interest is an item devoted to a discussion of the Monterey County General Plan. 

Cities have land use jurisdiction only within their city limits. Counties have jurisdiction everywhere in the county, except within the limits of an incorporated city. In Monterey County, there are a number of communities that might seem like cities, but that aren’t. Castroville is a good example. Land use in Castroville is under the jurisdiction of the Board of Supervisors, but the Board doesn’t have any jurisdiction in the City of Monterey. Conversely, the City of Monterey doesn’t have any jurisdiction over land use policies in the unincorporated area. So why is the Monterey City Council discussing the County General Plan? 

While legal authority is one thing, of course, the actual effects of land use decisions are another. The County’s General Plan policies may well affect the City of Monterey, and in this case, there is a particular set of policies of specific concern. The County is proposing a “housing overlay” zone along Highway 68, immediately adjacent to the City. This “housing overlay” zone is supposed to stimulate the production of lower income housing. The impacts of that proposal are specifically what the City Council wants to talk about this Tuesday. So, my advice is, if you care, be there (whether you’re a city resident or not)! 

For KUSP, this is Gary Patton. 

More Information
City of Monterey Website – http://www.monterey.org/
City Council Agendas – http://www.monterey.org/ccncl/agendas/agenda.html#2008Agendas
Monterey County General Plan - http://www.co.monterey.ca.us/planning/gpu/default.htm