Gary Patton's Land Use Reports
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Past Reports

The following Land Use Reports have been presented on KUSP by Gary Patton, who was a member of the Santa Cruz County Board of Supervisors from 1975 to 1995. Mr. Patton now practices environmental law in Santa Cruz with the Wittwer & Parkin law firm. The opinions expressed by Mr. Patton are not necessarily those of KUSP Radio, nor of any of its sponsors.

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Thursday, October 15, 2009 – Get Outdoors At Elkhorn Slough

Elkhorn Slough is the largest tract of tidal salt marsh in California outside of the San Francisco Bay, and it provides habitat for hundreds of species of plants and animals, including more than 340 species of birds. Located right next door to Moss Landing, it’s easily accessible to both Santa Cruz County and Monterey County residents.

Today, I’m encouraging Land Use Report listeners to get “outside” and to experience our natural environment first hand. I never want you to forget how important all those “indoor” meetings are, since the land use policy and project decisions that determine the fate of our natural environment are usually made in such “indoor” environments.

But if you’ve been taking my advice to get involved in the “indoor” decision making process, you should treat yourself to some “outdoor” payoff, and Elkhorn Slough is a great place to see how important it is to protect and preserve our natural environment. Head to the Elkhorn Slough “Visitors’ Center,” located at 1700 Elkhorn Road, or get yourself on the email list of the Elkhorn Slough Foundation (which you can do whether you are an official member or not). If you become a member, you can go on special member only tours and excursions. But the Foundation also hosts tours and events that are open to the public. The next public walk is scheduled for November 7th. Get more information in the transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information
Visitor Center Information - http://www.elkhornslough.org/vc.htm
Elkhorn Slough Foundation Website - http://www.elkhornslough.org/
Event Calendar - http://www.elkhornslough.org/calendar.htm
Friends, Artists and Neighbors of Elkhorn Slough - http://www.saveourslough.org/

Friday, October 16, 2009  – ALBA You-Pick

I think it’s important for the Central Coast Region to preserve and protect agricultural land, and to support agriculture as a business and as a way of life. Agriculture is an “industry,” and while the lands used for agricultural production are not always completely “natural,” they often do provide more natural resource benefits than other industries might. Protecting and preserving both agriculture and agricultural lands is one way to maintain a foundation for a healthy and diversified local economy.

One of the local groups I like the most is called ALBA, the Agriculture and Land-Based Training Association. ALBA operates a small farmer education program, and incubates new organic farms, and provides leadership and development for conservation and organic farming in the Central Coast Region.  If you’d like to find out more about ALBA, please track down the transcript to today’s Land Use Report, and explore the ALBA website.

Even better, you can personally participate in an Organic Harvest “You Pick” Day at the ALBA Training Center, located at 1700 Old Stage Road in Salinas. There will be live music and food, and you can pick your own Fall Crops, including vegetables, strawberries, tomatoes, pumpkins, and more. It’s all organic, and it’s a great family trip. It’s happening tomorrow, Saturday, October 17th. Again, you can get more information on the KUSP website.

For KUSP, this is Gary Patton.

More Information
ALBA Website - http://www.albafarmers.org/


Monday, October 19, 2009 – Carmel Valley Incorporation

Our community decisions about how we “use” the land will not only affect the natural environment, they will affect our local economy, and how successful we will be in achieving our social equity goals. Land use policy is, largely, established through decisions made at the local level of government. Both cities and counties must adopt and implement comprehensive and internally consistent General Plans, and all of the land use project decisions they make are legally required to be “consistent” with the policies of the local General Plan.

If you understand the basics of land use policy, as just outlined, then you understand why one of the most fundamental questions that will determine what kind of land use policies your community has is WHO makes the decisions. We live in a “representative” democracy, and our locally elected representatives make land use policy decisions on our behalf. WHICH local government officials make these critical land use policy determinations is of critical importance.

In November, voters in Carmel Valley will make a fundamental policy choice. They will decide whether land use policy decisions affecting Carmel Valley will be made by the Monterey County Board of Supervisors, none of whom happen to live in Carmel Valley, or by elected officials from a new Town of Carmel Valley, all of whom will have to live in Carmel Valley. More on this tomorrow!

For KUSP, this is Gary Patton.

More Information

Monterey County Weekly Article –

A “Vote Yes” Opinion Piece - http://www.montereyherald.com/opinion/ci_13533058

A “Vote No” Opinion Piece - http://www.montereyherald.com/opinion/ci_13533067?nclick_check=1

   Tuesday, October 20, 2009 – Carmel Valley Incorporation, II   

Changing the local government entity in charge of making land use decisions will have an obvious impact on what sort of future land use decisions will likely be made. In Carmel Valley, the Monterey County Board of Supervisors is currently in charge of land use. A “Yes” vote on the incorporation proposal on the November ballot will mean that a new Town of Carmel Valley will be created, and the elected Town Council will then make future land use decisions.

Most centrally, a “Yes” vote would mean that all future land use decisions affecting Carmel Valley will be made by persons who live in Carmel Valley. A member of the Board of Supervisors must live in the District that he or she represents. This means that four out of the five decision makers on the Board of Supervisors will always live somewhere else. Right now, of course, no member of the Board actually lives in Carmel Valley.
 
  How important is it that land use decision makers actually live in the area affected by their votes? Carmel Valley residents have traveled time and again to the County Courthouse in Salinas, objecting to various development proposals in Carmel Valley, and they almost always lose. They do get the vote of their local Supervisor, Dave Potter, but they seldom get the three votes necessary to make a majority. Those urging a “Yes” vote on the Carmel Valley incorporation think that changing who votes will change what happens. 

For KUSP, this is Gary Patton.

More Information:

Monterey County Weekly Article –

http://www.montereycountyweekly.com/archives/2009/2009-Oct-08/carmel-valley-incorporation-campaign--hits-gas-as-ballots-hit-mailboxes/1/

Carmel Pine Cone Article – http://www.pineconearchive.com/091009PCA.pdf

A “Vote Yes” Opinion Piece - http://www.montereyherald.com/opinion/ci_13533058

A “Vote No” Opinion Piece - http://www.montereyherald.com/opinion/ci_13533067?nclick_check=1

   Wednesday, October 21, 2009 – The Tejon Ranch Agreement

The Tejon Ranch is the largest landholding in the state of California owned by a single, private owner.  It is, in fact, almost exactly the same size as the entirety of Santa Cruz County, and it is truly spectacular land. I’ve put links to a few photos in the transcript of today’s Land Use Report.

The landowner, the Tejon Ranch Company, wants to develop some of its landholdings, and most typically, a landowner with development in mind files one or more development applications, and then goes through an approval process that often results in a development approval, but with a requirement that various “mitigation” measures be taken. Typically, for a property like the Tejon Ranch, such mitigation measures would include setting aside areas for permanent conservation.

The Conservation Agreement negotiated between the Tejon Ranch Company and the Sierra Club, the Natural Resources Defense Council, Audubon California, the Endangered Habitats League and the Planning and Conservation League essentially reversed this process. It set aside about 90% of the Ranch for permanent conservation, with no promise that any future development would be approved. On October 1st, the Conservation Agreement received the Governor’s Environmental and Economic Leadership Award. On the following Tuesday, the Kern County Board of Supervisors approved one of the development projects proposed for the remainder of the Ranch. You can learn more on the KUSP website.

For KUSP, this is Gary Patton.

More Information:

Reuters News Story on the Conservation Agreement –http://www.reuters.com/article/pressRelease/idUS158285+01-Oct-2009+BW20091001
Bakersfield News Story on Mountain Village Development – http://www.bakersfield.com/news/local/x1722027440/Lawsuit-likely-after-supervisors-approve-Tejon-project
Tejon Ranch Company Website - http://www.tejonranch.com/
Tejon Ranch Conservancy Website - http://www.tejonconservancy.org/
Tejon Ranch Photos (iPhone photos, all taken on a single day) - http://gallery.mac.com/gapatton#100057

Thursday, October 22, 2009 – A Planning Commission Hearing Tomorrow

Tomorrow, the San Luis Obispo County Planning Commission will hold a public hearing on proposed General Plan and ordinance revisions relating to grading and stormwater management. Revisions are proposed to the Land Use Ordinance, the Coastal Zone Land Use Ordinance, Coastal Plan Policies, and the North Coast Area Plan to incorporate state-mandated General Construction Permit standards relating to stormwater discharges, and incorporate the Municipal Separate Storm Sewer System post-construction design standards into the County’s local ordinances. In addition, the changes provide for enforcement of the new ordinance requirements, and include other County-initiated ordinance revisions pertaining to grading.

A Final Environmental Impact Report should be available to the Planning Commission as it considers these proposals. The EIR addresses potential impacts on agricultural resources, air quality, biological resources, cultural resources, hydrology and water quality, geologic resources, noise, public services, transportation and circulation, visual resources, and water resources.  Mitigation measures are proposed to address identified impacts.

If you would like to get a real taste for how local regulations can help protect the natural environment from the consequences of human activities, think about attending the Planning Commission meeting tomorrow. You can get more information on the KUSP website.

For KUSP, this is Gary Patton.

More Information

San Luis Obispo County Website - http://www.slocounty.ca.gov/site4.aspx

Staff Report - http://slocounty.granicus.com/MetaViewer.php?view_id=3&event_id=61&meta_id=154917

Friday, October 23, 2009  – When Is It “Too Late” To Object?

According to a story in the Mercury News, certain members of the Menlo Park City Council took exception to a Menlo Park citizens group opposed to the conversion of a former car dealership to a development that includes 51,000 square feet of retail uses and almost 59,000 square feet of non-medical office space.  The group’s attorney, Tom Lippe, submitted a 29-page letter with nearly 60 attachments, objecting to the environmental review carried out on the project, and he made this submission to City staff at 5:00 p.m., when the Council was scheduled to hear the matter at 7:00 p.m. During the meeting, Council Members criticized the group for submitting its letter so late. According to the Mercury News, the Mayor said, “I'm very disturbed by a letter arriving at 5 o'clock before a council meeting at 7 that has this number of pages that is completely outside the deadline.” According to Mr. Lippe, the Council’s remarks were very intimidating to members of the group, who were uneasy about speaking to reporters after the City Council comments.

Just to be clear, while it is always better to get comments in early, neither Mr. Lippe nor the Concerned Citizens of Menlo Park were “outside the deadline.” The deadline for comments, including written comments, is the close of the public hearing. So, if you’re ever in this situation, don’t be intimidated. You have every right to comment right up until the gavel falls on the last public hearing held on any planning item.

For KUSP, this is Gary Patton.

More Information

Mercury News Story on Menlo Park Dispute - http://www.mercurynews.com/breaking-news/ci_13512731