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Listen to the reports each weekday at 6:49 am & 8:49 am To
suggest a topic for a future land use report, or to convey a comment,
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Reports
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 Monday, August 18, 2008 – What We Need To Know - VI The two most important things to know, in order to be effective in the land use policy arena, are that land use decisions are almost always made by local governments, and that the scope of governmental land use decision-making power is very broad. Individuals don’t establish land uses. Communities do, and a community can pretty much establish any land use future it wants. To be effective in the decision-making process, it’s also good to “get organized,” so that local governmental agencies are being approached by community groups, rather than by individuals, in recognition of the fact that local government institutions are supposed to carry out the desires of the community. They don’t do it automatically, by any means, but they can be “made” to be responsive, by organized community participation, on behalf of a land use goal that is consistent with what most members of the community want. To be effective, it’s also important to be familiar with the basic laws that govern land use decision-making. First and foremost are the State Planning and Zoning Law, and the State Subdivision Map Act. I’ve placed references to these laws in the transcript of today’s Land Use Report. Almost all “developments” require the division of land into new, separately salable parcels. Such subdivisions must be consistent with the local General Plan, and must be based on findings specified in the Subdivision Map Act, and the local ordinances that implement it. These are the mechanisms by which local land use power is exercised. For KUSP, this is Gary Patton. More Information
Besides knowing the State Planning and Zoning Law, and the State Subdivision Map Act, those wanting to be effective in the land use decision-making process need to know CEQA, or the California Environmental Quality Act. Almost everyone has heard about CEQA, but not everyone actually knows how it works. If you’re interested in getting a “short course,” consider attending a workshop conducted by the Planning and Conservation League, or purchasing a copy of PCL’s “Community Guide to CEQA.” CEQA puts real power into the hands of ordinary people. Before a governmental agency can carry out a project that might have a significant adverse impact on the environment, it must prepare a Draft Environmental Impact Report, or EIR. Then, it must give interested persons time to read the Draft, and comment. Then, it must respond to the comments made, and the government agency can’t just “brush off” the concerns and criticisms submitted. Each substantive comment must receive a substantive response. Furthermore, if adverse effects are demonstrated in the process, the government must eliminate or mitigate them, if it’s feasible to do that. Almost all important land use decisions are now made in the context of a CEQA review. Currently, the City of Santa Cruz General Plan, the Monterey County General Plan, and several of the larger projects proposed in our area are in the middle of the EIR process. The more you become knowledgeable about CEQA, the more your effectiveness goes up! For KUSP, this is Gary Patton. More Information Wednesday, August 20, 2008 – What You Need To Know - VIII Residents of Carmel Valley, fed up with land use decisions by the Monterey County Board of Supervisors that pay short shrift to local concerns, have initiated a proposal to incorporate. This means that local residents want to create a new “Town of Carmel Valley,” which would then give them local control over land use. To pursue this idea, Carmel Valley residents had to become familiar with LAFCO, or the Local Agency Formation Commission. If you want to be effective in the land use policy arena, you really do need to know about LAFCO. LAFCOs exist in each California County (except in the City and County of San Francisco). LAFCOs were created by the state government to supervise how annexations and incorporations are handled, and they play a key role in the long term planning decisions that so profoundly affect our local economies, the environment, and our ability to achieve our social equity goals. Another governmental agency we need to know about, if we want to be effective in the land use decision-making process, is the Regional Water Quality Control Board. In every part of California the “Regional Board” supervises how local governments achieve mandated clean water goals, and have a lot to say about anything that impacts water quality. You can find out more about LAFCO and the Regional Water Quality Control Board by clicking on the Land Use Report icon on the KUSP home page, and then tracking down the written transcript for today’s Land Use Report. For KUSP, this is Gary Patton. More Information Thursday, August 21, 2008 – What You Need To Know - IX In September, I will be teaching Environmental Law at De Anza College in Cupertino, and I have just finished reading the textbook for the course. Wow! There sure are a lot of environmental laws!! If I started listing them here, I’d run out of time before having mentioned all the laws reviewed in even one chapter of the eleven-chapter text. There are lots of laws governing the land use decision-making process, too. And they’re detailed. And they are sometimes difficult to understand. As I have been trying to give listeners an idea of how they can become effective within the land use decision-making process, I’ve mentioned a few of the most important laws, but I haven’t really presented them in detail. That’s not only because there are just too many laws. It’s because our ability to affect the future through land use policy making isn’t, in the end, based on our mastery of the laws and regulations involved. The key factor in becoming effective is becoming involved. If you’re content to let “somebody else do it,” you’ll have to take what you get from community planning. And my prediction is, you’ll be less pleased than if you helped formulate the policies, and got involved with the projects, yourself. The most important thing to realize, to be effective, is that the world we create through our land use planning decisions is really up to us. We have very full discretion, acting through our local governments, to make our land use future be the way we want it to be. Knowing that, and having a willingness to get involved, will make all the difference. For KUSP, this is Gary Patton. More Information Friday, August 22, 2008 – Protecting Oak Woodlands A workshop on how to protect and conserve oak woodlands will be held in Salinas next Tuesday, August 26th. The price is just $10, which includes both lunch and morning refreshments. You do have to register in advance, and space is limited, so don’t delay. You can get full information in the transcript of today’s Land Use Report. The goal of the workshop is to increase public understanding of the value of oak woodlands, and to identify ways to protect them, including voluntary conservation easements. Sponsored by the University of California Cooperative Extension, the workshop will be of interest to the general public, ranchers, farmers, private land managers, conservation organizations, and public agencies. On January 8, 2008, the Monterey County Board of Supervisors directed its Planning staff to pursue options for protecting oak woodland resources. Staff is preparing an Oak Woodlands Management Plan for approval by the State Wildlife Conservation Board; once approved, this plan will make local governments, landowners, and non-profit land trusts eligible for State Oak Woodlands Conservation Program funds. The workshop will cover oak woodland ecology, challenges and threats to oak woodlands, how to manage oaks and oak woodlands, and fire impacts on oak woodlands. I hope many KUSP listeners will be able to attend. For KUSP, this is Gary Patton. More Information Jim Zingo – Telephone: 805-781-5938; Email: jzingo@co.slo.ca.us Bill Tietje – Telephone: 805-781-5938; Email: wdtietje@nature.berkeley.edu Questions about registration - Registration questions, contact Sherry Cooper Telephone: 530-224-4902; Email: slcooper@nature.berkeley.edu
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