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Listen to the reports each weekday at 6:49 am & 8:49 am To
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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 10, 2009 – The Dalidio Project Lawsuit An important court decision was handed down by the Second District Court of Appeal last week. At issue was an initiative measure passed in San Luis Obispo County, amending the County General Plan. This initiative measure was not the work of some activist citizens’ group. To the contrary, the initiative was written and promoted by the owner of land that the County considered to be largely agricultural in character. The landowner/developer wanted to be able to convert his agricultural land to a major new shopping center, and initially tried to have the land developed within the City of San Luis Obispo. When that effort failed, the developer then sponsored a countywide initiative, which changed the County General Plan to permit the shopping center. Although County voters did enact the initiative, a court challenge by a group called “Citizens Planning Responsibly” resulted in a decision that overturned the initiative measure. That local Superior Court decision was then appealed by the developer, and the Appellate Court has just sided with the developer, and has declared that the initiative measure is actually valid after all. I’ve placed a link to the Appellate Court decision in the transcript of today’s Land Use Report, and it’s worth reading, if you’re interested in some of the fine points of land use law. The key question for the Appellate Court was whether the initiative was “legislative” or “adjudicative.” I’ll talk more about that tomorrow. For KUSP, this is Gary Patton. More Information Tuesday, August 11, 2009 – Legislative and Adjudicative Decisions I talked yesterday about an important Appellate Court decision that validated an initiative measure sponsored by a landowner/developer in San Luis Obispo County. The landowner/developer promoted the initiative measure as a way to amend the County General Plan so as to get approval for his shopping center, located on agricultural land near a County airport. Voters do retain the “legislative” power to make laws directly by initiative, and the voters can use that legislative power in favor of development proposals, as well as in favor of protecting agricultural land or environmental resources. Since a majority of the voters did pass the initiative, why was it initially disqualified by the Superior Court? The Superior Court found that the initiative was not really “legislative” in nature. In other words, it wasn’t really an exercise of the people’s power to make “legislative” or “policy” decisions for themselves. Instead, the Superior Court found that the initiative measure attempted to “adjudicate” a question of how state airport safety requirements applied to this specific development proposal. This is not something that the voters can do by initiative. “Adjudicatory” matters are reserved for the elected representatives of the people. The distinction between “legislative” and “adjudicatory” decisions is a very important one in land use law. Because it is, this case may soon be going to the California Supreme Court. For KUSP, this is Gary Patton. More Information: Wednesday, August 12, 2009 – The Coastal Commission Today The California Coastal Commission is meeting today, and tomorrow, and Friday in San Francisco. Watching the Coastal Commission in action is a great way to get an education on how land use policy decisions are handled by governmental decision makers. The Commission’s policies and procedures set a high standard that other governmental bodies would do well to emulate. The Commission’s staff reports are almost always thorough and informative. Luckily, you can actually watch the Commission in action without having to go to San Francisco to do that, since the Commission’s meetings are webcast, and you can follow along, in real time, on your home or office computer. In order to tempt you to get a little bit better acquainted with the Commission, and to see how it works, let me tell you some of the items that the Commission will be addressing during its meeting today:
This is only a partial list! You can get links to more information on the KUSP website. For KUSP, this is Gary Patton. More Information: Thursday, August 13, 2009 – Economics and Land Use The City of Santa Cruz Planning Commission met one week ago, and one of the items on their agenda last Thursday shows how our land use policy decisions can affect our local economy. Land use and planning issues aren’t only environmental issues. In fact, land use decisions impact the environment, the local economy, and our ability (or not) to reach our social equity goals. “Environment,” “economy,” and “equity” are often called the “3 E’s” of land use policy. The agenda item last Thursday related to a proposal to change zoning regulations governing what kind of uses will be permitted in downtown Santa Cruz. After the earthquake, the so-called “Downtown Recovery Plan” specified that the ground floor of buildings located on North Pacific Avenue should be restricted to “retail” uses. The idea was to make certain that lots of shoppers and walkers were attracted to this area, to help provide for a vibrant and commercially successful downtown. I think it’s fair to say that this goal has been accomplished, and that the Downtown Recovery Plan has been a real success. In current circumstances, City planners believe that it would be appropriate to allow ground floor office uses, not just retail uses. The idea is clearly not to let vacant spaces undermine the success of this vibrant and interesting shopping district. For KUSP, this is Gary Patton. More Information You can get information on the Planning Commission, including a copy of its agenda, by clicking on the “Advisory Bodies” link on the left hand side of the City’s Webpage. Friday, August 14, 2009 – More On Economics and Land Use As I mentioned yesterday, land use policy has a big impact on our local economy. On Thursday, August 6th, the City of Santa Cruz Planning Commission discussed proposed changes to the ordinances governing what sort of uses should be permitted in ground floor locations on North Pacific Avenue. Allowing office uses on the ground floor could have a major impact on the character of the street, and on the commercial success of nearby shops. If you have a particular interest in this specific issue (which I cited mainly as an example of the general principle that land use is related to economics), then you should get in touch with the City Planning Department. No changes have yet been made. If you happen to live in the City of Marina, you should think about following the work of the City’s Economic Development Commission. That group also met last Thursday. Its agenda demonstrates that Marina has a lot going on at the intersection between land use policy and economic development. You can subscribe to notices about upcoming meetings, and if you do, you’ll hear about all of the following:
Wherever you live, I encourage you to get involved. For KUSP, this is Gary Patton. More Information Hit the “Notify Me” Button if you want emailed notices about the Marina City Council, or any of the City’s Advisory Bodies. |