What’s Up at
the Bonny Doon Airport?
Ed Landau, Bonny Doon Heartland
Public Use of Cemex Redwoods
Bryan Largay, Land Trust of Santa Cruz
County Conservation Director
Plans for the Cemex Limestone Quarry
JoeBen Bevirt
Wednesday, May 8, 2013, 7:30 p.m. Bonny Doon School
Multipurpose Room
Ice Cream Grade and Pine Flat Road
Something in the Air at Bonny Doon
Airport
Bonny Doon Airport covers 28 acres adjacent to the
10,000 acres of Fall Creek State Park. It was
acquired by a group called the Bonny Doon Heartland
in early 2012 through a lease with option to buy
agreement. The organization hopes to eventually buy
the property and create a 501(c)3 tax-exempt
non-profit, to be called the Heartland Education
Foundation, to run operations.
Bonny Doon Heartland is a
community-based rural center promoting traditional
community values, wilderness training, life-skills
education, and cultural events. The group’s vision
is to meet the “need for wholeness and community in
a fragmented world” by focusing on educational and
community-building outdoor activities.
Currently scheduled events include open
garden workshops, a monthly men’s club, and an
after-school adventure club and Forest Farm summer
camp for children. Upcoming activities planned
include full-moon gatherings, men’s “peaceful
warrior” circles, fireside talks, barn dances,
beekeeping, women’s circles, weekly pizzas,
potlucks, story-telling, camping, farming, and more.
The airport is still active as a private
airstrip and Life Flight and CalFire continue to
have full access, which is vital in emergency
situations.
Ed Landau of Bonny Doon Heartland (yes, the same Ed
Landau who was one of the founders of the Bonny Doon
Propane Co-op) will be at the May 8 RBDA meeting to
explain his group’s plans and goals and answer any
questions you may have.
Coast Dairies: Public Wins, County
Loses at Court of Appeal
In a ruling issued On March 28, the 6th Circuit
Court of Appeal reversed the judgment of
Superior Court Judge Volkmann, who had denied a
petition made to the court protesting the Santa
Cruz County's handling of the Coast Dairies
property transfer to a new owner, presumptively
the federal Bureau of Land Management (BLM).
The Trust for Public Land (TPL) has
controlled the sprawling Coast Dairies property
since 1998, and spun off the 400 acres on the
ocean side of Highway 1 to State Parks in 2006.
It has long planned to transfer about 6,000
acres on the landward side to BLM. It apparently
hasn’t yet figured out who will take over about
1,000 acres of agricultural parcels, which at
one point appeared to be headed for acquisition
by a non-profit entity controlled by the Santa
Cruz County Farm Bureau.
Though the County and TPL‘s Coast Dairies &
Land corporation, which has title to the land
now, can drag out the proceedings if they wish,
one has to ask why the County would continue to
spend taxpayer's dollars to avoid compliance
with the plain language of State statutes and
Coastal Act requirements, avoiding legally
mandated processes which apply to the redrawing
of parcel lines and the transfer of ownership.
These statutes were meant to ensure that
appropriate uses were chosen, and that
inappropriate uses were prohibited in a way that
is legally binding if and when the property is
transferred to the Bureau of Land Management.
Some of these goals were fulfilled when the
application for the proposed transfer went to
the California Coastal Commission in April 2012,
and the Commission voted to include conditions
on TPL's Coastal Development Permit (CDP).
Thanks to the efforts of the Wittwer and Parkin
law firm it is guaranteed that activities such
as fracking (steam injection to extract oil) and
recreational Off-Road Vehicle riding, that BLM
allows on the land they manage, will be forever
prohibited on Coast Dairies. Terms and
Conditions of the CDP run with the land and
shall be perpetual: it is the intention of the
Commission and TPL to bind all future owners and
possessors of the property to the terms and
conditions.
With the long awaited ruling, the non-profit
group Save Our Agricultural Land (SOAL), the
RBDA, and individuals from the Davenport
community finally succeeded in securing an
opportunity for the public to have input on the
future uses of the property.
For the transfer of ownership to be completed, a
subdivision approval from Santa Cruz County will
be required. This requires a public process,
which will include a hearing before the Planning
Commission. Still to be settled are the
ownership of water rights for Davenport, the
future ownership of agricultural lands along
Highway 1 and encroachments onto Coast Dairies
property at the Cemex plant.
After joining, supporting and winning the legal
battle for our right to be heard, the RBDA board
encourages Dooners and Davenporters to get
involved when the Trust for Public Land begins
the transfer process.
Legal Battle Flows on over EIR
for UCSC North Campus Water
Fighting to the last drop of water, so to
speak, the UC Regents and the City of Santa
Cruz have appealed to the State Supreme
Court the rejection of the EIR for the
application by UCSC and the City to deliver
the vital fluid to the Bonny Doon portion of
the campus.
The Environmental Impact Report has twice
been declared inadequate by the California
6th District Court of Appeal. In order for
LAFCO, the Local Agency Formation
Commission, to return to considering the
application, the City must get a favorable
ruling from the Supremes, or, failing that,
re-do the EIR. It’s unknown how long any of
this might take, or even whether the
Supremes will take up the request.
The appeal court judges deemed that the EIR
didn’t consider enough alternatives, and
their environmental impacts, to extending
the city’s challenged water supply to 240
acres of the North Campus. Without City
water, UCSC’s huge development—over 3
million square feet of dorms, classrooms and
laboratories—will have to depend on water
being found on campus (unlikely), or be
vastly curtailed or abandoned.
The City and Regents are hoping the State’s
top court will respond favorably to their
argument that the EIR didn’t have to discuss
alternatives to the full development
proposal because LAFCO, which submitted
comments during the EIR process, never asked
them to. Nevertheless, the appeal court
judges said those alternatives should have
been discussed so that the LAFCO
commissioners could consider them in
deciding whether to approve the application
in full or with modifications.
Distilling all the legal arguments, what it
comes down to is whether the EIR’s creators
are required by CEQA, the California
Environmental Quality Act, to consider the
environmental impact of alternatives,
however sketchily, even if, for whatever
reason (you can fill in the blanks) an
agency hasn’t requested it to.
The Supreme Court doesn’t automatically
consider every challenge to an Appeal Court
opinion. The suit over the EIR was brought
by Habitat and Water Caretakers (HAWC), a
local citizens’ group headed by Bonny Dooner
Don Stevens. He was one of the co-founders
of CLUE, the Coalition for Limiting
University Expansion, that filed a legal
challenge to the EIR for UCSC’s Long Range
Development Plan 2005-2020. That suit
eventually led to the historic Comprehensive
Settlement Agreement among CLUE, the RBDA,
the City and County of Santa Cruz and UCSC.
It required UCSC to apply to LAFCO for
extension of water service to the North
Campus, which it claimed it wasn’t required
to do.
Sheriff Organizing
Public Forums to Track Problems
Reports of reckless driving, junk
dumping, suspicious activity and other
dangerous or annoying or petty (but
still serious) criminal activities that
the Santa Cruz County Sheriff’s Dept.
can help with will soon be able to made
on free forums that the department is
setting up.
There will be separate forums for Bonny
Doon and each town in the San Lorenzo
Valley, hosted on Proboards.com,
according to Kim Kenney, the Community
Service Officer assigned to the San
Lorenzo Valley sheriff’s office. Kim, a
Bonny Dooner who spoke at the January
RBDA meeting, says that her department
will be monitoring a “sub forum” dealing
with law enforcement issues. That will
allow the sheriff to become aware of and
help address problems in more current
and efficient manner.
Of course, it doesn’t replace 911 calls,
which should be used in emergency
situations.
An announcement about the forums should
be made by the Sheriff’s office shortly
(perhaps even before this issue of The
Highlander reaches you). Watch for it in
local papers or search for it on
proboards.com.
New
Landscape Law for New House
Construction
In March, with little fanfare, the
Board of Supervisors passed the
Water Efficient Landscape Ordinance
to comply with a State law that
requires every city and county to
adopt efficiency standards for
landscaping. It applies to new home
construction that plans to have
2,500 square feet or more of
decorative plantings. It doesn’t
apply to food-producing gardens or
agricultural crops.
The problem the ordinance seeks to
address is overdrawing the
sustainable yield of most
groundwater aquifers in the County.
Data is pretty limited, but that
doesn’t appear to be the case in
most or all of Bonny Doon.
Anecdotally, new wells in Bonny Doon
are being drilled deeper as the
years go by. Whether that means the
aquifers or water tables are being
drawn down, or that people want (and
can afford) to have deeper wells to
ensure greater and more reliable
supplies is unknown.
New home building permit
applications must file a Landscape
Plan or a Water Efficient Landscape
Application Checklist and
Certificate. If the project is
exempt, such as a second unit,
landscape areas installed solely for
stormwater treatment, or where the
irrigation system will be removed a
year or two after construction when
the plants become established, you
will only have to check a box
denoting that fact. Otherwise, you
will have to indicate that you are
meeting the Maximum Water Allowance,
which is calculated by a formula
involving the estimated evaporation
rate for your parcel, according to
the County’s GIS data.
Landscape and irrigation plans that
trigger the ordinance’s requirements
must be inspected after installation
by an independent professional, who
may be a Certified Irrigation
Designer, civil engineer or
landscaped architect, among others.
The Planning Dept. recommends that
you hire that person in advance that
all the irrigation control measures
and devices are installed correctly.
The ordinance recommends finding
alternatives to the classic American
lawn, the use of Mediterranean
plants, which use little water,
graywater systems and other means of
reducing water use.
Since water supplies are so strained
in much of Santa Cruz County, this
ordinance is heartily applauded.
However, the need for it in Bonny
Doon, much of which is water rich,
is less easy to justify.
Fighting
Trespassing on Cemex Redwoods
Trails
Like many
people, we eagerly await the opening of
trails on the 8,000-acre former Cemex
property at the top end of Bonny Doon.
Unfortunately, some people don’t want to
wait.
Cemex Redwoods, as the property has
temporarily been designated since its
acquisition by a consortium of
conservation groups, is a fabulous gift
to the public. The groups that now own
it are studying the resources and
opportunities it holds, seeking to
balance public use with environmental
protection. In August and September they
plan to hold meetings to gather public
input on how and where the property
should be open to public access.
For years
people, especially those living close to
or adjacent to the property, have been
hiking, biking and even motorcycling on
it. Cemex apparently didn’t do a lot to
prevent it. Since the conservation
groups acquired it last year, they have
been working hard to close public access
so they can fix erosion created by the
illegal use, including unauthorized
cutting of trails, and create a
management and use plan that will
protect the property when it is opened
to the public. Hopefully, it won’t be
delayed for over a decade like it has on
Coast Dairies. We are confident that
this won’t be the case, both because the
land use and legal issues are less
complex, and lessons have been learned
from the Trust for Public Land’s
missteps.
In the meantime, the new owners have
hired retired law enforcement personnel
to patrol, installed gates and hidden
cameras, blocked illegal trails with
brush, and established relationships
with neighboring landowners to reduce
trespassing.
Nadia Hamey, a registered professional
forester with Big Creek Lumber, which
has been hired to manage the property
for the present, says that she believes
that there is now more control than when
Cemex owned it, but that there is still
too much unauthorized use.
We look forward to the property opening
up for public use before too much more
time has passed, and trust that a
balance will be found among uses like
biking, hiking and horseback riding,
along, of course, with environmental
protection, so that this vast resource
will be treasured for years to come. In
the meantime, we encourage people to be
patient and respect the land and the new
owners’ efforts.
[Correction: In the
March edition of The Highlander, in
the article regarding JoeBen Bevirt’s
purchase of the Cemex limestone quarry
property, we wrote that Cemex still
owns 170 acres along Laguna Creek.
That is incorrect. Those parcels were
acquired by the conservation agencies
along with the Cemex Redwoods acreage.
- Editor]
Mountain
Lion Project Publishes Results
UCSC Puma Project researchers, who
have been tagging and tracking
mountain lions in the Santa Cruz
Mountains for 3 years, have
published their findings in the
online journal
PLOS | ONE.
The research team, headed by Chris
Wilmers, associate professor of
environmental studies, tracked 20
pumas over 6,600-square miles of
territory, chronicled human
development influences the cats'
physiology, behavior, ecology and
conservation. Wilmers
and his team attached tags and GPS
transmitters with accelerometers,
(which measure movement and body
position or orientation) to 37
lions, and put camera traps in key
locations. Of the 37
lions, 11 died during the study, 8
of them shot while attacking
domestic livestock.
We hope to have Wilmers, who spoke
at the January 2009 RBDA meeting, to
an upcoming meeting to discuss his
team’s findings in detail.
Large
House Law Revised
In April the Board of Supervisors
approved a final revision of the
Large Dwelling Ordinance (SCCC
13.10.325), reducing the square
footage of a proposed house that
triggers a public review from 7,000
to 5,000 square feet. Now, the
public will be able to comment on
the development of houses as large
as 5,000 square feet or greater in
writing and at a public hearing, and
will have the right to appeal any
decision all the way to the Board of
Supervisors.
This and
several other changes were advocated
by your RBDA Board to clean up the
language in what was a confusing
law, and close loopholes that made
it possible for property owners to
skirt the law’s intentions through
minor and inconsequential labeling
of areas of the proposed dwelling.
We greatly appreciate the work of
Rachel Dann of Supervisor Neal
Coonerty’s office, and the support
of Supervisor Coonerty, in pushing
the revised ordinance through the
Planning Dept. and the Board of
Supervisors.
We felt
that the former law did little to
regulate the construction of
boarding house-like homes to take
advantage of the growth of the UCSC
student population. Two such
dwellings, at 7,000 square foot
each, with as many as 15 or more
tenants, have been built in Bonny
Doon, much to the dismay of
neighbors, some of whom have sold
their properties and moved in
consequence.
The RBDA Board has also proposed
other changes, which are being
studied by the Planning Dept., to
give the public more input into
these and other types of very large
house proposals.
The change in the law does not
prohibit very large homes, but it
allows neighbors to have more say
about what gets built nearby that
impacts their own homes and welfare.
Support the RBDA by renewing your membership now: all
1-year memberships expired on January 31st.
Ideas
for RBDA Meeting Topics
We are always open to suggestions for interesting
programs and speakers at our bimonthly (except July)
RBDA public meetings.
What are you interested in? Local flora and fauna,
gardening, environmental and political issues, Bonny
Doon history or geology, public safety?
What were some of your favorite speakers or
presentations at past RBDA meetings?
Were there any that you would like us to repeat?
Please email us with your ideas and comments at board@rbda.us.
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Oaks - photo by Ted Benhari
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The Highlander
The Rural Bonny Doon Association
Newsletter
Box 551
• Felton, CA 95018
Bonny Doon's
voice in preserving our special quality of
life,
The Highlander is mailed free to Bonny Doon
residents prior to the
RBDA General Meetings, which are usually
held on second Wednesdays of
January, March, May, July, September and
November.
We encourage you to participate.
Send
mail correspondence to the Highlander Editor
at the above address,
or by email, below.
If you live in or own
property within this district, roughly from Empire
Grade to the ocean and from San Vicente Creek to the
City of Santa Cruz border, you are eligible to be an
RBDA member.
Please support the RBDA!
Dues payments count for a full year from date
received.
Dues mostly go for printing and mailing The
Highlander,
your voice for keeping Bonny Doon rural and natural.