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PUC and Angwin development
Tuesday, January 13, 2009
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In what could appear as yet another typical if passionate land use battle in Napa over the rights of development in a county that is largely controlled by an extensive agricultural preserve, the Pacific Union College (PUC) story stands out as a unique case.

PUC became a college in Angwin in 1909, and this year marks its century point. As such it is one of the oldest land owners in the county. Their plans for economic survival have always included using some of their land as a salable asset, and indeed beginning in 1911 PUC created its first small subdivision of homes.
Since that time about every decade or so they have either built a subdivision of homes themselves or sold a block of land to a developer to do the same. They have depended on this money to help fund the college. Ironically, many of the very residents who are protesting further development in Angwin live in the very houses created by these small subdivisions.

They stopped that process since the last development in 1975, and since then the population of Angwin has shrunk by 800 residents. However, recently due to a deteriorating balance sheet and increased costs for students and faculty they need to sell some more property for development to ensure their future.
Angwin has always been a college town based on PUC’s presence, and pre 1980 it was one of two areas of Napa County identified as places to build housing within the ag preserve, along with American Canyon.

From the beginning of the General Plan process, Save Rural Angwin (SRA), the neighborhood group opposing development in Angwin, has attempted to hijack the general plan process to stop PUC’s plans. SRA went so far as to create a new zoning plan for Angwin on their own, creating an "institutional" type of zone that they planned to insert in the area where PUC wants to sell some property, thus foiling attempts to build housing, or anything at all as PUC does not need new land to build school buildings which is what this zoning would allow.
The General Plan Steering Committee dismissed that plan as beyond the purview of the committee, and frankly some of them felt it was so off the wall that it was a non starter and would never get taken seriously.

Lo and behold, out of the blue at a Supervisors meeting on December 9 that proposal resurfaced and is supported by Diane Dillon, Brad Wagenknecht, and Mark Luce. What they are proposing at SRA’s behest is to create a new general plan overlay over the existing planned development zoning of PUC property that would limit any development to "college serving" uses. This would effectively deny PUC the right to develop their property as it has always been zoned.

This would be an unprecedented down zoning of property caused by a newly created type of zoning advocated by a neighborhood group trying to shut down the property rights of a neighbor.

This is outrageously unfair.

It would be the first time that zoning of property for planned development in the ag preserve bubbles is being taken away from a property owner under protest. Could that attitude extend to other property owners? Can neighbors invent a new zoning code? Are we going to mob rule with this?

Dillon and Luce are both claiming that no promise was made that PUC could develop the property for anything but "college serving" purposes, but that flies in the face of a long history of other use and of county documents from previous planning meetings that indicate that the county clearly intended for this land to be used for housing.

From a meeting minutes document of the Planning Commission in 1975 during an update of the General Plan, then Planning Director Jim Hickey stated that "Angwin was urban in the same sense that American Canyon is urban in terms of development, etc. Angwin had all the complete services that made it urban, including a school, a store, and a gas station." He was explaining to the commission why Angwin was designated for urban planned development in the General Plan at that time.

Technically, legally, the Supervisors could rezone it to a big dog park if they wanted to, but would it be right? They are changing the rules in the middle of the game. This "college serving" proposal is a misuse of the general plan process and a denial of the routine process of planning that everyone else in the county goes through. This is a really dangerous precedent.

Here is a property owner that has a 100 year history of using their property the way that the government allowed, which has been affirmed and reaffirmed over and over by that same government, that now suddenly wants to single them out and change the rules on them.

Being for fairness on this issue does not necessarily mean you support the entire eco-village concept, just that PUC not be singled out for discrimination which is now clearly what is happening.

A public comment meeting is being held on January 27 at 1 p.m. concerning this issue at the Lincoln Theater. From the sounds of the December 9 meeting this hijacking of PUC’s rights to a planning commission review of their proposal is already a done deal. I suggest you be at the meeting to protest and e-mail the Supervisors before then to tell them to stop this outrage.

Michael Haley is President of the Napa Valley Taxpayers Alliance. He writes a weekly blog and a daliy blog at NapaValleyRegister.com on local, state and national issues. He can be reached at napaeagle@hughes.net
37 comment(s)

Cadence wrote on Jan 14, 2009 7:20 AM:

" I think I have this straight.
If SRA, albeit for NIMBY reasons attempts to change zoning or coerce the BOS into changing zoning, it's "outrageously unfair."
However, when that very same BOS behind the scenes lets Napa Pipe developers know that housing is needed and zoning will be changed for them - it's a "done deal," as I recall - that's perfectly A-OK.
Hey, zoning changes are what the wise BOS does, right? It's all good! "

Jasper wrote on Jan 14, 2009 8:49 AM:

" Mike -

PUC has been buying and selling land for decades. But when they exercise their so-called "property rights" to reduce the value of my property, my "property rights" kick in.

As for County action, the supervisors should be governed by policies which reflect what the citizenry wants today, not something that governed in another era 30 years ago.

The College may be your sacred cow but it is not mine. And I am a taxpayer and property owner also. "

Ruff Limblog wrote on Jan 14, 2009 9:08 AM:

" Angwin's population is shrinking?

And developers want to put a huge development in?

Sounds like more bankruptcies to me.

~Ruff "

napablogger wrote on Jan 14, 2009 10:11 AM:

" Cadence, there are two differences. One is that the property owner is in agreement. The other is that the zoning change is not only being done under protest, it is being done after the fact.

The Supervisors announced the changes on the general plan designation on Napa Pipe before it was bid on by potential new owners. They knew what they were getting.

PUC bought Angwin and the county has affirmed and reaffirmed over and over the urban residential zoning that is in the town area. The county even settled a law suit in the last few years that depended on that zoning being there for housing development in order to settle the law suit.

If that zoning changes we the people are effectively stealing PUC's property. We ought to at least pay them for it. "

napablogger wrote on Jan 14, 2009 10:15 AM:

" Ruff-That is the developers risk, but places to live upvalley are so desireable, especially for non millionaires which this would be, that housing would sell out before it was built. Even in this environment.

My concern is to be fair to PUC, and also what this implies for the rest of the land use in Napa County. If they can do something like this they can do anything to anyone anytime. There are no rules or anything we can depend on with our property any more.

That lack of certainty is going to hurt the economy a lot more than a few unsold houses. "

Sickothis wrote on Jan 14, 2009 12:39 PM:

" Whadda ya know. I actually agree with napablogger.

Frightening.

It's a law issue. "

Jasper wrote on Jan 14, 2009 1:12 PM:

" Sickothis -

It is indeed a law issue and the law is clear that one large property owner cannot do whatever he wants with his property regardless of the property rights of other property owners and the community at large.

That is what zoning is all about. It is to protect the rights of people like you and me.

Zoning is the best tool which a jurisdiction has to direct the future of a community. And to protect values already enjoyed. If you look up the definition, you will be reassured. "

Cadence wrote on Jan 14, 2009 1:13 PM:

" "If they can do something like this they can do anything to anyone anytime. There are no rules or anything we can depend on with our property any more."
Why, you are absolutely right, NB! Tough breaks all around, eh? But like I said, it's all good. "

Sickothis wrote on Jan 14, 2009 1:28 PM:

" That's correct Jasper, and PUC is zoned to be developed. You knew that when you bought.

Man up already. "

bhenery wrote on Jan 14, 2009 2:27 PM:

" Well let's not monkey around. Bring in the wrecking crew tear it all down. Bulid the mini mall and psuedo-city, sprawl, sprawl, sprawl.

Really all that is important here is that PUC get top dollar befor it rolls up the carpet and leaves what is left of Angwin in ruin. "

emu wrote on Jan 14, 2009 2:27 PM:

" Does Mr.Haley think it is okay for Triad and PUC to "hijack" the general plan process by inserting their project into the middle of it? Does he believe that the general plan should wait to be completed for many more months while Triad finishes making its still incomplete project application? SRA's plan was submitted in response to an INVITATION by the planning department to citizens to create plans for Angwin. Who is hijacking whom? "

Jasper wrote on Jan 14, 2009 2:30 PM:

" Sickothis -

The General Plan carries the statement that the Planned Development zoning was applied to PUC to permit the college to grow. Nothing in that zoning indicates that the County intended that the zoning be stretched to include the right for the college to move beyond development for its educational needs to large-scale real estate development having nothing to do with the college's educational needs.

The College's new ambitions must be subjected to the will of the community and their consistency with the General Plan. "

Ruff Limblog wrote on Jan 14, 2009 3:54 PM:

" NB, thanks for the exposition on the manuvering going on with regard to the Angwin development.

I'm afraid that the Real Estate market is in for a much bigger fall, but...

I agree! If a developer wants to risk it, it's his money.

~Ruff "

vocal-de-local wrote on Jan 14, 2009 4:12 PM:

" I doubt anyone in Angwin would object if PUC used its land to build more housing for staff or students (as long as it remained in a pool available to those groups which equates to rentals) or if the land was used to build a chemistry lab or used for other college RELATED purposes.

No doubt, Triad is the one doing the hijacking. The zoning was intended for college institutional expansion. I don't understand why some of you cannot understand that.

Also, PUC is planning to relocate. We all know it. Why can't they at least be truthful about the move? Shouldn't they be preparing their staff for any future changes or do they just want to dump their staff at the last minute? Not nice, not at all. "

Econut wrote on Jan 14, 2009 4:57 PM:

" PUC should build a small, modern, state-of-the-art nuclear power plant and modern laboratory facilities for nuclear physicists to conduct their research in collaboration with partners in the nuclear energy industry. The power plant would fulfill PUC's energy needs and provide a venue for educating future generations about the efficacy and safety of nuclear energy. The new facilities would be consistent with SRA's insistence that the county's original zoning was intended only for institutional purposes, so not one SRA sympathizer can justifiably complain. "

napablogger wrote on Jan 14, 2009 6:19 PM:

" vocal, you are exactly wrong. The county, not the college, has always intended for the urban development to be used for housing. They even settled the affordable housing lawsuit by saying that this land would be used for affordable housing. The County went and asked PUC if they would be willing to build affordable housing there to get the law suit off their backs! Not PUC!

So much dishonesty has been spread by SRA I am not sure we could ever get back to the truth at this point. It is truly amazing how effective constant lying is. "

napablogger wrote on Jan 14, 2009 6:36 PM:

" Jasper, when you say this is what zoning is about---that is the whole point. It is and always has been zoned for urban development. By the county.

What if the county suddenly decided to zone your house as open space, and told you to tear it down and move.

Would that be fair? Especially if your family had owned it for 100 years and told you repeatedly that your property was zoned for housing, and then suddenly your neighbor decided your kids were making too much noise and they wanted to get rid of you, and they commanded a lot of votes with the county supervisors?

That is what we are talking about here.

The place to cut down the size of this project is in the planning process, not by rezoning. "

napablogger wrote on Jan 14, 2009 7:06 PM:

" Ruff, thank you.

Jasper, exactly wrong, the county has always zoned this for housing. There has never been any statement that the zoning was for "college serving" purposes only. In fact, the exact opposite has been the case for years. see my quote in the article from the former planning director.

"institutional" or "college serving" was recently invented by SRA and picked up by Dillon and Luce to please their constituents. Not because it is right. "

napablogger wrote on Jan 14, 2009 7:10 PM:

" emu, all citizens were invited to comment on the General Plan process. SRA took it upon itself to develop a business plan for PUC, and to tell PUC how much money they had and what they could do with their property. That has nothing to do with the general plan.

The development by Triad has nothing to do with the general plan. The land they are developing is already zoned for development. The legal and proper place to protest that is in the planning process, not the general plan. "

reader wrote on Jan 14, 2009 7:11 PM:

" Napablogger, PUC and SRA have never disagreed on building affordable housing and those 191 homes have already been approved. But instead of building them, PUC bellied up to TRIAD to build a subdivision, which is not a part of the agreed upon affordable housing. This subdivision will sell at market value and, as you stated, up valley property is premium. So where do you get the notion that this will NOT be a wealthy subdivision for outsiders? To further evidence this, there are many affordable homes for sale in Angwin right now and before the economic down-turn and no one seems to want them PUC salaries don't afford even a low income home). Ah! But the wealthy outsiders will chop-at-the-bit to get their little piece of heaven, because they will afford it. When done ... bye, bye PUC and what is Angwin left with? A big, expensive mess.

I'm not opposed to reasonable development but you don't over develop in one place to profit a single organization.

I trust the BOS will decide wisely. "

HMcritic wrote on Jan 14, 2009 10:21 PM:

" NB: Your historical inaccuracy and lack of grasp of zoning is too comprehensive to be remedied in a blog. Most is relatively harmless, but please note that what is being discussed is a PD overlay, and PUC thrived for 7 decades before it was given to them. They did not buy the property in 1909 with PD zoning as part of the bargain and they paid nothing for it when it was given. PUC did not envision construction of a subdivision in the mid ‘70s. Please correct this disinformation in your further discourse. "

napablogger wrote on Jan 14, 2009 10:35 PM:

" reader--The amount of affordable units required in the 191 already approved means that PUC/Triad would lose money on it. Otherwise they would build them. Who is responsible for that? The county.

The houses are town homes, ie not even single family homes. I might add though that the final plans haven't even been done, but they do include a lot of affordable units--they will have to.

Saying that Angwin is going to be left with a big expensive mess is speculation that is not supported by any rational facts. If it is not likely to be profitable PUC could not sell the land and Triad would not build it--they are not that dumb, which is exactly why the 191 units is a non starter.

If they were just looking to waste money on houses that can't be sold and dump it on Angwin, as you speculate, they would already be building the 191 units. "

napablogger wrote on Jan 14, 2009 10:38 PM:

" reader, let me just add that all you said and my response are all completely beside the point of my article.

My point here is that they are thinking of creating a new general plan designation, which I am sometimes referring to as a zone although technically it is not, just to stop the project.

That is what I think is outrageous and flies in the face of all our land use law and how everyone has always been treated.

It creates totally uncertainty in land use planning, and it also singles out a single land owner for loss of property rights based on nothing but vote counting by the Supervisors. We ought to follow the law. "

PUC Prof wrote on Jan 15, 2009 9:00 AM:

" In a previous thread Napablogger accused SRA of frequent lying and Reader asked for an example of a lie that has been told by SRA. I think Vocal-de-local's often repeated comment that "PUC is planning to relocate" is a pretty good candidate. Vocal-de-local further claims "We all know it" and then asks "Why can't they at least be truthful about the move?" Well, I think PUC has been truthful about it, but has Vocal-de-local? It has never been discussed at any faculty or board meetings that I have attended. Teaching responsibilities preclude my attendance at many meetings, but I read the minutes of those meetings. I do recall a fellow professor once saying that if our property is going to be down-zoned by the county we will have to consider the possibility of moving (and I concur), but that hardly qualifies as "planning to move." Vocal-de-local, if you know something that I don't know, please share it with us all; if not, please refrain from making untrue statements. "

napablogger wrote on Jan 15, 2009 10:29 AM:

" HMcritic, some of PUC's land has a PD zoning. The comment from 1975 alone refutes your statement, that is why I included it in my article.

Before they had a PD zoning, they had a PC zoning from the time when governments started doing such things as zoning, which wasn't even done in 1909.

PC is planned community, which means housing and stores. Urban.

All the zoning issues start here in Napa with the ag preserve in 1968, that is why the Planning Director's statement in 1975 is so relevant, it clearly shows what the counties intentions were with Angwin.

HMcritic, I don't know where you get your information but rereading your post now I see that everything in it is wrong.

PUC has always called their housing developments subdivisons, I added the word "small" myself because it can make it sound very large when the word is by itself.

The PD designation is not an overlay. The General Plan designation, and the infamous "bubble" are overlays on top of the PD designation. All three can apply in determining the use of the property. "

vocal-de-local wrote on Jan 15, 2009 4:15 PM:

" Teacher, Ok, I will admit that the rumor is floating around the community, a rumor which supposedly leaked out from someone who works at the college, that the campus is a dinosaur which PUC plans to unload. Our community is fairly convinced that this is going to happen, and that they just want to maximize their profits before making the big exit. So are you saying, for sure, that this is not PUC's plan?

I'm curious NB, what you think about Berryessa Estates and all of their sewer/water issues and the huge burden being placed upon unsuspecting homeowners who had no idea what was coming when they purchased their homes.

That's what worries me, probably more than anything else. If the population increases dramatically, Angwin will expand the sewer/water needs to accommodate growth. But then regulations change and the pressure is put on the community to fix it. In other words, I already pay taxes. I don't want the burden to be transferred to me so that PUC and Triad can make a quick buck. That's the way it works so much of the time. Developers build and quickly leave once they've reached a saturation point. Initially it appears like a good thing, but costs such as road repair, sewage and water line maintenance are passed onto taxpayers as they begin to break down. Sometimes the burden of costs are passed solely onto the community (check out Berryessa Estates). What looks like a great deal on the surface ends out being a huge burden for these rural communities. Larger populations can absorb such costs much easier than small rural communities can. It's just not wise, turning a rural community into an urban landscape. Urban should be built near other urban. "

angwindeac wrote on Jan 15, 2009 7:25 PM:

" PUC PROF & NB,
How about this? Since, everyone should roll over and allow and unwieldy and unwise project be started in the worst economy of the last 50 years, just guarantee all of Angwin sewer and water by PUC/Triad and go for it....Not going to happen is it. Everyone who is currently here and owns homes will be on our own while the college steals $$$ and puts systems into place for there use but the community gets 0!

Oh yea, a useless retirement home and scaled back ability to fight disasters because of the narrowing of the only road.. Oh yes we also get delays on the only road so trucks can bring supplies to project. Also we get to lose the pristine environment we moved here for. All for the sake of greed that in the end may or may not salvage the colleges ability to survive...

No thanks! "

NoWayJose wrote on Jan 16, 2009 6:37 AM:

" NB: I trust you agree that the Board of Supervisors has the authority to regulate land use under Cal. Constitution art I sec. 7 and their acts in doing so are generally valid unless they are capricious and have no rational relationship to a conceivable legitimate government purpose. “Candid Enters., Inc. v. Grossmont Union High Sch. Dist.” (1985) 39 C3d 878, 890. I am sure you will also agree that the Supervisors are responsible to advance the interests of the community, not an individual landowner, whether they are the newest or the oldest.

Our Supervisors have been elected, not you. Why don’t you simply let them do their job? They are capable. Your hysterical rants smack of the religious liberty stunt PUC employed to bluff the Supervisors last time which cost us tens of thousands of dollars. We do not want that again.

I am sure you will also agree that the so-called subdivisions you concoct (which were really housing exclusively for the College’s married students and faculty) would be permitted under the proposed zoning as would virtually every other structure that PUC has built. The purpose of the proposal is not to discourage PUC, but to discourage developers who prey on it and to let them know that Angwin, because of its character and limited infrastructure, is not the place to ply their trade. The people in Angwin, and developers who might otherwise think Angwin easy pickings, desperately need this. Why not let them have it?

There are better issues for your activist aspirations. "

NoWayJose wrote on Jan 16, 2009 6:39 AM:

" By the way, PD is generally described as an overlay zone. “Orinda Homeowners Comm. V. Board of Supervisors (1970) 11 CA3d 768, 772. Generally, although PD envisions a plan, the Supervisors still have the responsibility to review and approve a plan and until there is an approved plan, the PD designation does not add anything to the prior approved use. City of Sausalito v. County of Marin (1970) 12 CA3d 550.

I am not a land use attorney and do not plan on becoming one. Neither are you. The County, Triad and SRA all have land use attorney’s at their disposal and can handle these issues just fine.

We should move on. "

Jasper wrote on Jan 16, 2009 9:27 AM:

" Mike -

The idea that Angwin had "all the complete services that made it urban, including a school, a store, and a gas station" was an absurd statement in l975 and it is an absurd statement today.

A school, a store, and a gas station make it urban?

Angwin is no longer a place for growth, unless Napa County taxpayers are willing to help pay the cost of a central waste treatment system, meaning a modern plant and miles of sewer lines. Widening the road. Paying the cost of gasoline for all the people commuting to where the jobs are. Enlarging the school. Hiring firemen. Building a city hall.

Because if the Triad/PUC project goes through, Angwin will indeed be more than a school, store, and a gas station. It may, indeed, be an "urban" area. We do not want that. And we do not have to have that shoved down our throat. Not in America!

This is the essence of the argument. You are determined that PUC has a right to develop its land. Period. And you refuse to concede that several hundred other property owners have rights, also, which would be destroyed by the greed of a Seattle developer and the ambitions of an inept PUC administration.

Get back on track, man. This is not the kind of case which merits your passion. "

vocal-de-local wrote on Jan 16, 2009 11:14 AM:

" Bodega Bay in Sonoma County has a school (UC Davis Marine Lab) a gas station and a store. Are they considered "urban"?

Idyllwild in Riverside County also has a school, a gas station and a store. It certainly is not defined as "urban".

I sincerely doubt Ellen White had a vision of "urbanizing" all of the areas surrounding Adventist colleges. I do not believe it is a trend she would have condoned. I also do not think she would have approved of using the "religious card" either.

Is anyone interested in taking a look at the history of "rural to urban" development in areas where Adventist colleges are located? I wonder how consistent a "trend" this really is and whether this trend has been explosive under the guise of certain individuals. "

HMcritic wrote on Jan 16, 2009 2:36 PM:

" Prof: Frankly, I find this puzzling. Why do you and your colleague believe you will move if PUC’s property is zoned institutional? Is this your personal move or do you understand the school is threatening to move? Why? How will an institutional zoning inhibit the operation of your educational institution?

If your answer to the above that such a zoning might bother Triad in their pursuit of a subdivision on top of Howell Mountain, are we going to hear PUC's threat when every issue which might bother Triad arises?

Is your school, after 100 years of operation, so fragile that its existence hangs on the thread of a Seattle developer? Is Triad now driving the bus at PUC? "

napablogger wrote on Jan 16, 2009 3:36 PM:

" Vocal, I think Berryessa Estates was a mistake and should never have been approved without a better sewage system.

All the things you mentioned in the rest of that post are part of the planning process and I agree that the water, etc should be evaluated to make sure they have their ducks all lined up in a row.

But that is the planning process, which is what I am defending. Don't change the Gen Plan designation to stop the development, that is what is unusual and unfair.

I think the fear by SRA is that if it does go through a normal planning process that the plan will be seen to be very sound, in fact it is very good planning with state of the art water and sewer systems.

That is the whole problem for SRA, they just don't want the growth but there is really no basis to stop it legally or fairly. So they are trying to do an end run around planning and change the floor out from under them.

Its like keeping people from getting married by changing the Constitution. Can't stop it legally, so change the basic framework we operate under. "

bhenery wrote on Jan 16, 2009 8:32 PM:

" Blogger,

As I recall, you sat on the General Plan Update Steering Committee. Was that not the purpose of the update? The General plan had not been updated since 1983.

Would this not BE the appropriate time to address out of date and obsolete planning designations? The General Plan Update process is exactly the vehicle and the Board of Supervisors is using to correct petrified land use designations such as the 'urban bubble'.

At the invitation of the County of Napa, Angwin residents have proposed a plan for their community for the next 20 years, the life of the General Plan.

The General Plan is not being hijacked by anyone but TRIAD and they are holding Pacific Union Hostage in the process. "

bhenery wrote on Jan 16, 2009 8:38 PM:

" Blogger,

This from the County of Napa on Angwin:

"The draft General Plan Update was initiated by the Board of Supervisors as a countywide planning effort in early 2005. The planning process is expected to result in an updated policy framework that will guide future land use decisions throughout the county for years to come. The General Plan Update is also viewed as an opportunity to improve the way the current General Plan characterizes the community of Angwin, in both its text and its map.'

Does this help you recall the purpose of the General Plan update as it relates to Angwin? "

napablogger wrote on Jan 17, 2009 10:15 AM:

" bhenery, I recall it very well. And what we did is laugh the "institutional zoning" plan out of the room.

What you have quoted is a very generic statement, and the GP process could just as easily resulted in the county deciding to make Angwin even bigger with even more housing if we had wanted to.

What we did actually decide as a group, including those who did not want the PUC development, was that the college should have its day before the planning commission like everyone else. "

Jasper wrote on Jan 18, 2009 7:28 PM:

" There is no question but that Triad should have its day in court, but the amendment to the General Plan dealing with future growth should not be held hostage to that event.

The general policies should always precede consideration of the specific. The tail should not wag the dog. "

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