GET STARTED WE ARE.
HERE THE COMMITTEE ON THE
JUDICIARY AND THE COMMITTEE ON
ENVIRONMENTAL QUALITY TO HOLD AN
INFORMATIONAL HEARING.
ON SEQUEL ENTITLED JUST THE
FACTS.
AND EVIDENCE BASED LOOK AT SICK
WAS STREAMLINING AND SEQUELS
ROLE IN DEVELOPMENT.
IT IS OUR HOPE AND EXPECTATION
THAT -- WE
WILL PROVIDE GREATER PRECISION
AND CLARITY ON WHAT SHE QUIT IS
AND WHAT IT ISN'T.
I'M TOLD THAT WERE COMPETING
WITH THE DMV HEARING --
SO -- YOU
KNOW I DON'T KNOW WHICH IS MORE
FASCINATING.
BUT CLEARLY --
ALL THOSE ISSUES ALL THESE
ISSUES ARE IMPORTANT AND
CERTAINLY IMPORTANT TO THOSE OF
US --
DEALING WAS SYKORA ENVIRONMENTAL
QUALITY COMMITTEE IS TASKED WITH
SEQUEL FROM THE ENVIRONMENTAL
PERSPECTIVE.
AND THE COMMITTEE ON THE
JUDICIARY IS TASKS WAS TO GO
FROM THE LIABILITY AND LEGAL --
PROCEDURAL ISSUE SO WE'RE HERE
TO HAVE THIS CONVERSATION AND I
WANT TO WELCOME EVERYONE EXTEND
MY GRATITUDE TO MY COLLEAGUES
HERE.
MY BOY CHECK HERE AND ONE IN
THIS EVENT PARTNERING WITH US TO
PUT THIS.
VERY SO I THINK IT'S A VERY
IMPORTANT HEARING ON A FAIRLY
COMPLEX ISSUE --
LOTS OF INFORMATION AND
MISINFORMATION --
HAS GONE ON FOR YEARS ABOUT SEE
WHAT IT'S BEEN THE TOPIC OF SO
MANY CONVERSATIONS HERE IN THE
CAPITAL WE'VE ALL HEARD STORIES
ABOUT SEEK WERE.
THAT IT'S BEEN USED BY SOME
GROUPS MAY BE NIMBIS OR BUSINESS
COMPETITORS. TO DERAIL SOME
MERITORIOUS OF PROJECTS.
WE DO KNOW THERE ARE ABUSES THAT
HAVE OCCURRED AND WE'VE
CERTAINLY HEARD ABOUT THEM --
BUT THE THE OLD SAYING THAT MY
STAFF INSISTS THAT I SAY THAT I
DON'T TOTALLY UNDERSTAND.
THE POOR THE PLURAL OF ANECDOTES
DOES NOT EVIDENCE MAKE.
APPARENTLY LIKE SAID SAYING.
BY DIAL WHAT I LIKE ABOUT IT IS
THE FACT THAT THERE'S ALWAYS AN
EXCEPTION TO EVERY RULE THERE'S
ALWAYS A HORROR STORY. TO EVERY
CIRCUMSTANCE AND WHAT'S
IMPORTANT IS THAT WE GET TO THE
TO THE OR TO THE TRUTH ABOUT
WHAT IS REAL WHAT IS SIGNIFICANT.
AND WHAT IS NOT SO.
WHAT WE HAVEN'T HEARD ABOUT A AS
MUCH OF THE OVERALL TRENDS OR
EMPIRICAL STUDIES BY NEUTRAL
PARTIES VERY IMPORTANT AND
CRITICAL STUDIES BY NEUTRAL
PARTIES?
WHO HAVE NO FINANCIAL INTEREST
OR BIAS AND ON THE ISSUE A
SEQUEL FRANKLY WE'RE TALKING
ABOUT DEVELOPMENT WE'RE TALKING
ABOUT THE POTENTIAL FOR
SUBSTANTIAL RETURN ON INVESTMENT?
THERE'S A LOT OF MONEY AT STAKE
A LOT OF ECONOMIC WELL BEING.
SO ARE WE REALLY HAVE RECENT
CHANGES AND SEE HOW THEY'VE BEEN
WORKING.
EVERY SESSION THERE'S A RUSH. TO
REFORM SEEK WORK AND A LOT OF US
FRANKLY DON'T FULLY UNDERSTAND.
WHAT THIS COMPLEX AND EVOLVING
PROCEDURAL STATUTE ARE DOING
TODAY DIFFERENTLY THAN WHAT THEY
DID A FEW YEARS AGO --
ADAM PARDON --
WHICH SOME OF THE INFORMATION
AND MISINFORMATION IS SPACE SO --
THE GOAL IS TO FIND OUT.
OF WHETHER SHE COULD TRULY IS A
SOURCE OF PROBLEMS AS SOME
ALLEGE -- IT
PARTICULARLY IN OUR AREA OF HIGH
HOUSING WHERE WE ARE AS WE KNOW
ABOUT THREE MILLION UNITS SHORT.
HERE IN CALIFORNIA BUT THIS IS
WHY SENATOR ALLEN AND I DECIDED
TO PUT ON THIS HEARING TOGETHER
TO GET SOME OF THE BASIC FACTS
ABOUT SEE WHAT.
WHAT IT IS AGAIN THE STREAMLINED
CHANGES SOME OF WHICH HAVE
OCCURRED OVER THE LAST FEW YEARS?
AND WHAT ROLE IT PLAYS FAX THE
IDEA IS TO MAKE SURE WE
UNDERSTAND WHAT SHE QUIT IS.
HOW IT HAS BEEN STREAMLINED AND
WHETHER THAT'S WORKING SO WHAT
WE ARE NOT FOCUSED HERE ON TODAY
AND I WANT TO EMPHASIZE THAT IS
WE'RE NOT FOCUSED ON HOW TO FIX
SEEK WHAT?
WE JUST WANT TO IDENTIFY WHAT IT
IS WHAT IT'S DOING --
WILL HAVE PLENTY OF OPPORTUNITY
TO DEAL WITH THOSE OTHER ISSUES
THEN PERHAPS ANOTHER HEARING.
AT SOME OTHER POINT IN TIME BUT
WE WANTED TO MAINTAIN CLARITY --
AND SO THAT IS THE REASON FOR
THIS HEARING WE'RE GOING TO HAVE
TWO PANELS OF NEUTRAL EXPERTS
WILL THEN OPEN IT UP FOR PUBLIC.
DISCUSSION TO HEAR FROM THE
VARIOUS PERSPECTIVES OUT THERE.
AND WE WILL ASK YOU IS MEMBERS
OF THE PUBLIC IF YOU WOULD
PLEASE.
A STEP FORWARD TO THE MIGHT GIVE
YOUR NAME YOUR AFFILIATION AND
TWO MINUTES --
SO THAT WE CAN ALLOW EVERYBODY
TO SPEAK WE CERTAINLY WILL --
WELCOME WRITTEN COMMENTS AND IT
IS MY EXPECTATION THAT THIS IS
FRANKLY JUST THE BEGINNING OF A
VERY IMPORTANT CONVERSATION THIS
YEAR SO --
WITH THAT --
I WOULD LIKE.
TO HAND THE GAVEL OF OVER TO MY
ESTEEMED CO CHAIR SENATOR BEEN
ALLEN.
WHO IS THE CHAIR THE
ENVIRONMENTAL QUALITY COMMITTEE
FOR SOME OPENING REMARKS?
THANK YOU MADAM CHAIR AND I I DO
I DO WANT.
TO EXTEND MY MY GREAT THANKS TO
YOU FOR AND YOUR COMMITTEE
STAFFER.
YOUR LEADERSHIP IN PUTTING THIS
HEARING TOGETHER INTERESTING AND
AND I'M ALSO VERY FIRST OF MY
STAFFER BRIEFING ME GETTING YOU
PREPARED.
FOR THIS --
HEARING IT'S A IT'S A DIFFICULT
AND COMPLEX ISSUE AS WE KNOW --
IS A PROCEDURAL STATUTE THERE
WAS ESTABLISHED FIFTY YEARS AGO
AND AND IS REALLY BEEN --
BACKBONE.
PIECE OF OF LEGISLATION AND LAW --
FOR STATES --
BE LEGISLATION RELATED TO THE
ENVIRONMENT.
OF COURSE THERE'S BEEN A LOT OF
DEBATE ABOUT SEA QUEST IN THE
LAST FEW YEARS SOME OF CALLS FOR
REFORM SOME SAY THAT.
AYE AYES HAD NEGATIVE COST AND
TIMING IMPACTS ON HOUSING
PRODUCTION IN PARTICULAR THAT'S
BEEN AT THE HEART.
OF THE MOST RECENT CONTROVERSY
HERE ABOUT SEQUINED THERE OTHERS
OF COURSE YOU TALK ABOUT HOW THE
AND SO IMPORTANT.
TO KNOW THAT WE HAVE PROCEDURES
IN PLACE TO CRITICALLY ANALYZE
AND MITIGATE ENVIRONMENTAL
IMPACTS ASSOCIATED WITH
DEVELOPMENT AND AND THAT THINGS
WOULD HAVE BEEN A LOT WORSE.
USE THIS AS AN OPPORTUNITY TO
JUST GROW OUR OUR BASE OF
KNOWLEDGE AS EQUAL LEGISLATION
COMES BEFORE BOTH OF OUR
COMMITTEES.
I OUR FIRST PANEL WE'RE GONNA BE
HEARING ABOUT SOME OF THE
STREAMLINING PROVISIONS THAT ARE
CURRENTLY AVAILABLE UNDER SEEK
WHAT.
SPECIFICALLY ONES THAT ARE
RELATED TO INFILL HOUSING.
AND ALSO JUDICIAL STREAMLINING
PROVISIONS.
I MEN WILL HAVE A SECOND PANEL
THAT WILL COVER TWO INTERESTING
STUDIES THAT.
HAVE COME OUT RECENTLY THAT THE
PANELISTS --
CONDUCTED ON THE ENTITLEMENT
PROCESS SEES IN --
BOTH THE BAY AREA AND THEN DIED
DOWN IN LOS ANGELES.
SO THIS WILL CONTINUE TO BE IN
THE NEWS AS AN ISSUE AS AS
MEMBER STRUCTURE CONTINUES TO TO
GROW IN THE STATE AND BUT IT BUT
IT ALSO QUESTION RELATED TO THAT
CONVERSATION HAPPENING ABOUT
AFFORDABLE.
HOUSING AND WE'RE VERY INTRIGUED
ABOUT HOW --
OUR PANELISTS COME FORWARD WITH
WHAT'S TODAY SO I'M I'M LOOKING
FORWARD TO THE DISCUSSION AND
THANK YOU VERY MUCH MANAGER.
VERY GOOD AND BEFORE WE START
ANY COMMENTS OR THOUGHTS FROM
THE OTHER MEMBERS OF THE
COMMITTEE NO ALL RIGHT WITH THAT --
AS SO SENATOR ALLEN INDICATED
THE FOCUS OF OUR FIRST PANEL IS
ON SEQUELS STREAMLINING
PROVISIONS.
BROADLY THIS RIVER REFERS TO
THINGS SUCH AS SPEEDING UPS THE
SEQUEL PROCESS.
INCLUDING PROVISIONS OF MAKE
ENVIRONMENTAL REVIEW MORE
EFFICIENT.
EXEMPTIONS AN EXPEDITED JUDICIAL
REVIEW WITH US TODAY ARE TERRY
RIVERS PLAZA.
OUR FIRST PANELIST FROM THE
ASSOCIATION OF ENVIRONMENTAL
PROFESSIONALS MYSTERY THIS PLOT
A IS A SENIOR ENVIRONMENTAL
PLANNER WITH ICF INTERNATIONAL
HE ALSO TEACHES CLASSES.
ON C. CORE AND RELATED TOPICS
FOR CLIENTS IN THE UNIVERSITY OF
CALIFORNIA EXTENSION.
IT WAS WITH THE GOVERNOR'S
OFFICE OF PLANNING AND RESEARCH
FROM NINETEEN EIGHTY FIVE TO
NINETEEN NINETY EIGHT SO.
HE CERTAINLY HAS A SIGNIFICANT
EXPERIENCE ON THIS AND INCLUDING
AND THERE WAS A STINT AS THE
CHIEF OF BOTH THE STATE CLEARING
HOUSE AND THE PLANNING UNIT.
DISSIPATED IN THE DRAFTING OF
THE NINETEEN NINETY EIGHT NINETY
SEVEN AND NINETY FOUR AMENDMENTS
TO THE SEQUEL GUIDELINES.
AND HE IS EDITOR OF THE
ENVIRONMENTAL ASSESSOR FOR THE
ASSOCIATION.
OF ENVIRONMENTAL PROFESSIONALS
WAS CO AUTHOR OF THE NINETEEN
NINETY EIGHT NINETEEN NINETY THE
SEVEN ADDITIONS.
OF A GENERAL PLAN GUIDELINES SO.
HE WILL BE FIRST UP TO GIVE US
AN OVERVIEW SEQUENCE DESCRIPTION
OF ITS MOST COMMON EXEMPTIONS.
AND KEY STREAMLINING PROVISIONS
THAT HAVE OCCURRED OVER THE LAST
DECADES.
AS WELL AS A DESCRIPTION OF THE
SURVEY A E. P. RECENTLY
CONDUCTED ABOUT HOW CITIES ARE
USING THESE PROVISIONS MISTER
RIVERS PLOT OF THE FLOOR IS
YOURS.
THANK YOU MISSUS MIST CHAIR --
SO I'M GONNA GO THROUGH SEQUENCE
OF TITLE THE SEQUENCE TEN
MINUTES.
TRYING TO GO THROUGH IT AS
QUICKLY AS I CAN.
CALIFORNIA VERY MORE QUALITY
EXES AN ACT IN NINETEEN SEVENTY
FOLLOWED ON THE NATIONAL
ENVIRONMENTAL POLICY ACT
ACTUALLY SIGNED BY RICHARD NIXON
IN.
NINETEEN SIXTY NINE THE ARE TWO
DISTINCT LAWS SO WE HAVE
CALIFORNIAN BERMAN QUALITY ACT
APPLYING TO CALIFORNIA
ACTIVITIES --
BOTH OF THEM HOWEVER CAME OF THE
ECOLOGY MOVEMENT IN LATE
NINETEEN SIXTIES WHERE WE FOR
THE FIRST TIME SAW THE BIG BLUE
MARBLE CALIFORNIA AT EARTH FROM
SPACE.
PEOPLE REALIZE THAT WE NEEDED TO
PROTECT OUR ENVIRONMENT --
SECRET PREDATES MOST OF
CALIFORNIA'S ENVIRONMENT
PROTECTION REGULATIONS SUCH AS
THE ENDANGERED SPECIES ACT CLEAN
WATER ACT IN THOSE SORTS OF
THINGS --
AND THIS RESULTED HAS A BROADER
SCOPE IT IS A PROCESS GO THROUGH
TO POTENTIAL AND BEING A PERMIT
OR ANYTHING LIKE THAT.
A PROJECT TO CREATE THAT CAN BE
CONSISTENT WITH ALL REGULATIONS
MAY STILL HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT THE
PROJECT RESULT IN A SUBSTANTIAL
ADVERSE CHANGE FROM EXISTING.
CONDITIONS.
SOME BASIC PROVISIONS OF SYKORA --
NUMBER ONE DISCLOSED THE
POTENTIAL ADVERSE IMPACTS FOR
PROJECT TO THE PUBLIC AND
DECISION MAKERS.
THE NUMBER TO MITIGATE
SIGNIFICANT EFFECT IMPACTS WHEN
FEASIBLE.
OFFER OPPORTUNITIES FOR THE
PUBLIC AND OTHER AGENCIES TO
BECOME INVOLVED IN VINYL REVIEW --
REQUIRED DECISION MAKERS TO
BALANCE BETWEEN DEVELOPMENT AND
THE ENVIRONMENT --
BEFORE TAKING ACTIONS ON
PROJECTS. TO AVOID CREATING AN
OVERSIGHT AGENCY LEGISLATURE
BACK IN NINETEEN SEVENTY CHOSE
TO IN FOR SECRET TO LITIGATION.
AND WE SEE APPROXIMATELY TWENTY
FIVE OR SO REPORTED SECRET
DECISIONS EACH YEAR.
THING TO KEEP IN MIND THOUGH IS
THAT THE VAST MAJORITY OF
PROJECTS ARE NOT LITIGATED.
A SEQUEL APPLIES TO WE DON'T
KNOW HOW MANY PROJECTS EACH YEAR
BUT IT'S SOMEWHERE NORTH OF I
WOULD SAY PROBABLY --
TWENTY THOUSAND PROJECTS.
WHICH I'LL TALK ABOUT A LITTLE
BIT LATER.
THIS APPLICATION A CHARACTER
SEQUEL PLACE TO DISCRETIONARY
ACTIONS BY PUBLIC AGENCIES.
WITH THE POTENTIAL TO ADVISE THE
RESULT IN ADVERSE CHANGES IN THE
PHYSICAL ENVIRONMENT IT DOESN'T
APPLY TO WHAT ARE CALLED
MINISTERIAL ACTIONS WITH THE
AGENCIES SIMPLY APPLY STANDARD
REQUIREMENTS.
AND HAVE NO DISCRETION TO DENY A
PROJECT --
WAR TO PLEASE MITIGATION ON IT.
THERE IS A SAID LITERALLY
THOUSANDS OF PROJECTS EVERY YEAR
SUBJECT TO SEE WHAT --
IT'S APPLICABLE WOODY TO LOCAL
PROJECTS DEPENDS HEAVILY ON THE
PARTICULAR LOCAL JURISDICTIONS --
REGULATIONS ARE TYPICALLY
THERE'S A SPECIFIC PLANS OF
THOSE SORTS OF THINGS --
THOSE PROJECTS TO THE DISCRETION
UNDER LOCAL CODER SUBJECT TO SEE
WHAT THOSE AT A MINISTERIAL NOT --
AS POINTED OUT BY THIS STUDIES
DID YOU HEAR ABOUT A LEADER --
THERE IT VARIES GREATLY BETWEEN
JURISDICTIONS AS TO WHAT SORTS
OF THINGS ARE DISCRETIONARY AND
WHICH ARE NOT.
THERE'S A LOT OF VERY ABILITY
SICK WAS A PROCESS FOR
DISCLOSING POTENTIAL IMPACTS FOR
PROJECT BEFORE THE AGENCY TAKES
ACTION TO APPROVE THAT PROJECT
AS I MENTIONED IT'S NOT A PERMIT
DOESN'T SUPPLANT.
EXISTING REGULATIONS IT'S
ESSENTIALLY.
AN INFORMATION GATHERING --
PROVISION DOESN'T GRANT AGENCIES
ANY ADDITIONAL POWERS THAN WHAT
THEY ALREADY HAVE SOME MINUTES --
ANY SORT OF MITIGATION UNDER
SEQUEL FALLS UNDER THE POWERS
AGENCY ALREADY HAS IT DESN'T
ALLOW HIM TO DO ANYTHING THEY
COULDN'T ALREADY DO.
SO SINCE COMMON SECRET TERMS
SIGNIFICANT IMPACT IS
ESSENTIALLY A SUBSTANTIAL CHANGE
IN THE PHYSICAL ENVIRONMENT
RESULTING EITHER DIRECTLY OR
INDIRECTLY FROM A PARTICULAR
PROJECT --
MITIGATION IS A MEASURE THAT
WILL BE IMPLEMENTED IN
CONJUNCTION WITH THE PROJECT TO
REDUCE MINIMIZER OTHERWISE AVOID
IT SIGNIFICANT IMPACTS --
MITIGATION IS ONLY REQUIRED TO
MITIGATE LOW A LEVEL OF
SIGNIFICANCE THERE'S THIS SORT
OF CAM HERE I GUESS OF A
THRESHOLD OF SIGNIFICANCE SO
YOU'RE NOT REQUIRED TO TOTALLY
ELIMINATE THE IMPACTS OF A
PROJECT.
BUT INSTEAD TO BRING ITS IMPACTS
TO A LESS THE TWO TYPES OF
EXEMPTION A STATUTORY EXEMPTION
CATEGORICAL EXEMPTION --
THOSE TWO TYPES OF EXEMPTIONS
GIVE YOU --
AND IS AN AGENCY THAT BILLY TO
AVOID HAVING TO DO SEQUEL FOR
CERTAIN PROJECTS.
HI INITIAL STUDY AN INITIAL
STUDY IS A STUDY THAT'S DONE FOR
PROJECT THE DON'T QUALIFY FOR AN
EXEMPTION.
AND FOR WHICH A MITIGATED
NEGATIVE DECLARATION NEGATIVE
DECORATION ENVIRONMENTAL IMPACT
REPORT WILL BE PREPARED AND THE
INITIAL STUDY ESSENTIALLY TAKES
THE PUBLIC AGENCY STEP BY STEP.
THROUGH ALL THE VARIOUS
RESOURCES THAT MIGHT BE AFFECTED
BY THE PROJECT --
AND GUIDES THEM TO DETERMINE
WHETHER OR NOT THIS PROJECT MAY
HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT --
INITIAL STUDIES ARE USUALLY --
SUPPORTED BY A VARIETY OF OTHER
STUDIES --
US THINGS LIKE ARCHEOLOGICAL
SURVEYS --
TRAFFIC ANALYSIS ALL THAT.
NEGATIVE DECORATION MITIGATED
NEGATIVE DECLARATIONS THESE OUR
FINDINGS THAT ARE ADOPTED BY AN
AGENCY ESSENTIALLY FINDING THAT
THIS PARTICULAR PROJECT BASED ON
AN INITIAL STUDY IN OTHER
DOCUMENTATION.
HAS NO PROB POTENTIAL FOR A
SIGNIFICANT ENVIRONMENTAL EFFECT
TO OCCUR.
ENVIRONMENTAL IMPACT REPORT IS A
COMPREHENSIVE REPORT ON THE
PROJECT IT EXAMINES AND
DISCLOSES ITS SIGNIFICANT
IMPACTS ANALYZES ALTERNATIVES TO
THE PROJECT IT COULD REDUCE
THOSE IMPACTS.
AND THAT IDENTIFIES MITIGATION
MEASURES THAT WOULD REDUCE THE
IMPACTS --
NEGATIVE DECORATIONS AND HE AYE
OURS ALTHOUGH THEY HAVE THE SAME
GENERAL PURPOSE TO DISCLOSE --
CANBE QUITE DIFFERENT IN TERMS
OF COST AND TIME INVOLVED.
MITIGATED NEGATIVE DECORATIONS
ON A COMMON FOR THEM TO BE
COMPLETED IN SAY SIX TO EIGHT
MONTHS AN ENVIRONMENTAL IMPACT
REPORT DEPENDING ON THE TYPE OF
PROJECT.
I USUALLY TAKES AT LEAST A YEAR --
AND ON SOME PROJECTS MAYBE TO
YEARS AGAIN DEPENDING ON THE
COMPLEXITY THE PROJECT.
THE NUMBER LOOK INTO THE THREE
WAYS THAT SEEK TO APPLY AS IT
APPLIES EITHER THROUGH
EXEMPTIONS TO MITIGATED NEGATIVE
DECORATIONS OR NEGATIVE
DECLARATIONS AND THEN THE THIRD
WAY WOULD BE --
ENVIRONMENTAL IMPACT REPORTS OF
STATUTORY EXEMPTION A ONE OF THE
TWO TYPES OF EXEMPTION THEIR
CREATED BY LAW.
THE EXEMPT QUALIFYING PROJECTS
SOME SECRET REQUIREMENTS TO THE
EXTENT SET OUT IN THE PARTICULAR
STATUTE THEY CAN BE VERY BROAD.
OTHERS AN EXEMPTION FOR REAL
ROAD GRADE --
CROSSINGS IF YOU WANT TO INSTALL
A GRADE SEPARATION YOU CAN DO
THAT WITHOUT ANY SORT OF SEQUEL
ANALYSIS AT ALL --
YOU COULD PUT IN TWENTY OF THEM
IN YOUR COMMUNITY IF YOU WANTED
AND TO BE NO SEQUIN ELSE'S.
OR THEY CAN BE NARAL --
THE AFFORDABLE HOUSING INFILL
EXEMPTIONS THAT WERE CREATED A
NUMBER OF YEARS BACK ARE VERY --
AND A LOT OF QUALIFIERS TO THEM
AND BECAUSE OF THAT ARE
PARTICULARLY USED VERY OFTEN THE
MORE COMPLEX THE STATUTORY
EXEMPTION IS KIND OF A GENERAL
RULE OF THE LESS OFTEN THEY TEND
TO BE USED.
CATEGORICAL EXEMPTIONS ARE
CREATED BY REGULATION AS PART OF
THE STATE'S SEQUEL GUIDELINES
THEIR ADOPTED BY THE NATURAL
RESOURCES AGENCY THEIR LIMITED
TO CLASSES OF PROJECTS THAT
USUALLY DO NOT HAVE AN IMPACT --
POTENTIAL SO NO POTENTIAL FOR
SIGNIFICANT EFFECTS --
REPAIRS TO EXISTING STRUCTURES --
CONSTRUCTION OF SMALL STRUCTURES --
INFILL DEVELOPMENT ON A LIMITED
BASIS TYPES OF PROJECTS THAT ARE
SUBJECT TO CATEGORICALLY
EXEMPTION --
IN TWENTY SEVENTEEN CHECKING THE
RIG RECORDS FOR THE STATE
CLEARING HOUSE.
THERE WERE ABOUT SEVEN THOUSAND
ONE HUNDRED SIXTY STATUTORY OR
CATEGORICAL EXEMPTIONS THAT WERE
THAT THE STATE CLEARING HOUSE
WAS NOTIFIED ABOUT.
THOSE WOULD PRIMARILY BE
EXEMPTIONS BY STATE AGENCIES.
SO WE EXTRAPOLATE THAT STATE
WIDE TO THE FOUR HUNDRED PLUS
LOCAL AGENCIES ARE YOU GET SOME
IDEA OF HOW MANY OF THESE
EXEMPTIONS ARE GRANTED EACH YEAR
IT'S GOT TO BE IN THE TENS OF
THOUSANDS.
THERE'S NO TALLY FOR A REGIONAL
LOCAL AGENCIES SO. 700-700-0100
SIXTY IS PRIMARILY JUST STATE
AGENCIES USING EXEMPTIONS.
A NATIVE DECORATIONS AND
MITIGATED NEGATIVE DECORATIONS
THESE ARE DOCUMENTS THAT
ESSENTIALLY ARE SAYING THIS
PARTICULAR PROJECT BASED ON OUR
INITIAL STUDY AND OTHER
ACTIVITIES THAT WE'VE STUDIED --
WILL NOT HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT
MITIGATED NEGATIVE DECORATION
VARIES FROM A NEGATIVE
DECLARATION IN THAT IT HAS
SPECIFIC MEASURES INTENDED TO
BRING THE IMPACTS BELOW A LEVEL
OF SIGNIFICANCE.
BOTH OF THEM HAVE TO BE
CIRCULATED FOR PUBLIC REVIEW AND
COMMENT BEFORE THE AGENCY CAN
ACT ON THE PROJECT.
THE AGENCY HAS TO CONSIDER ALL
THE COMMENTS DURING ITS
DELIBERATIONS THE STATE CLEARING
HOUSE CIRCULATED SOMEWHERE IN
THE NEIGHBORHOOD OF FIFTEEN
HUNDRED SIXTY SIX NEGATIVE
DACHSHUND MITIGATED NECK DECKS
IN THE TWENTY SEVENTEEN THERE
ARE A NUMBER THAT APPLY ONLY TO
LOCAL PROJECTS WE DON'T KNOW HOW
MANY -- SO
WE WOULD HAVE TO SAY THAT IF
THERE'S ALMOST.
SIXTEEN HUNDRED BEING SENT TO
THE STATE CLEARING HOUSE SIMPLY
BY STATE AGENCIES AND AGENCIES
ARE INVOLVING STATE AGENCIES IN
THEIR PROJECTS.
THEY'RE PROBABLY A SUBSTANTIAL
ADDITIONAL NUMBER OUT THERE.
INFORMAL IMPACT REPORT AND THE
I. R. IS PREPARED IN TIME THE
SUBSTANTIAL EVIDENCE OF PROJECT
MAY RESULT IN A SIGNIFICANT
IMPACT --
THE AGENCY IT TYPICALLY RELEASES
PREPARATION TO PUT POPLE ON
NOTICE THAT AND THE I. R. IS
BEING PREPARED THAT'S OF
AVAILABLE FOR REVIEW.
THE AGENCY WILL THEN PUT
TOGETHER A DRAFTEE I ARE THE
DRAFTY OUR COVERAGE POTENTIAL
IMPACTS --
AND ALL THE IMPACT CATEGORIES
TALKS ABOUT ALTERNATIVES
MITIGATION MEASURES.
BEFORE TAKING ACTION ONTHE
PROJECT THE AGENCY WILL PREPARE
WHAT'S CALLED A FINALLY HE I ARE
IN WHICH IT RESPONDS IN WRITING
TO ALL THE COMMENTS THAT WERE
RECEIVED ON THE DRAFT THE I. R.
DURING THE REVIEW PERIOD.
AN AGENCY CAN APPROVE A PROJECT
TO SIGNIFICANT AN UNAVOIDABLE
IMPACTS.
IF IT ADOPTING THE I. R. AND IF
IT ADOPTS FINDINGS EXPLAINING
WHY IT'S GOING ABOUT ADOPTING OR
APPROVING THIS PROJECT WITH.
BAD -- BAD
THINGS GOING ON OTHER A NUMBER
OF STREAMLINING PROVISIONS NOW
IN SEQUENCE.
THERE'S A COMMON MISCONCEPTION I
GUESS THAT --
STREAMLINING IS ONLY SOMETHING
RELATIVELY NEW THERE'S BEEN
STREAMLINING IN SECRET FOR FOR
DECADES.
WELL ONE WAY OF BIG OF
STREAMLINING IS THROUGH
EXEMPTIONS YOU CAN BYPASS THE
NEED FOR NEGATIVE DECLARATION OF
ME TO GET ME TO GET NAY DECKER
E. I. R. --
THERE'S NO REVIEW PERIOD --
THE AGENCY SIMPLY HAS TO ENSURE
THAT --
THERE ARE NO POTENTIAL FOR
IMPACTS IF IT'S A CATEGORICAL
EXEMPTION --
AND THAT THE PARTICULAR PROJECT
FITS WITHIN THE THE SCORE FOR
SQUARE CORNERS OF THE
DESCRIPTION OF THAT EXEMPTION.
OF CATEGORICAL EXEMPTIONS FOR
INFILL DEVELOPMENT ARE VERY
COMMONLY USED THROUGHOUT THE
STATE LESS COMMONLY USED OR
STATUTORY EXEMPTIONS. FOR INFILL
BECAUSE AS I MENTIONED BEFORE
THERE CHECKS ARE NOT SUBJECT TO
SEAQUEST SO.
IF YOU ARE AN AGENCY THAT HAS
DETERMINED THAT PARTICULAR
ACTIVITIES ARE MINISTERIAL
RATHER THAN DISCRETIONARY --
THAN SEQUIN NEVER --
NEVER COMES UP.
I CREATING MINISTERIAL PERMITS
THAT HAVE STRICT STANDARDS FOR
DEVELOPMENT OF OR FOLLOWED BY
EACH PROJECT THAT COMES ALONG IS
AN EFFECTIVE WAY TO REDUCE THE
NEED FOR SECRECY OF INDIVIDUAL
PROJECTS SOME AGENCIES HAVE DONE
THAT --
OTHER AGENCIES NOT SO MUCH.
ABOUT ONE PROJECT ONE DOCUMENT
IS A PRINCIPLE OF SEQUEL --
AND NEGATIVE DECORATION
MITIGATED NEGATIVE DECORATION
ENVIRONMENTAL IMPACT REPORT
PREPARED FOR PROJECT CARRIES
FORTH THROUGHOUT THE PERMITTING
PROCESS SO THE ORIGINAL AGENCY
THAT WROTE THE DOCUMENT.
PERMITS THE PROJECT --
OTHER AGENCIES COMING DOWN THE
LINE FISH AND WILDLIFE --
CALTRANS WHOEVER THEY MIGHT BE
USE THAT SAME DOCUMENT SO THAT
HELP STREAMLINE THE PROCESS.
UP PROGRAM YOURS IN TEARING OF
THIS IS USUALLY A TYPE OF THE I.
ARE PREPARED FOR PLAN A
REGULATION OR MULTI PHASE
PROJECT AND IT'S DESIGNED TO BE
USED.
IN THE FUTURE --
TO APPLIED IT LATER ACTIVITIES
THAT ARE WITHIN THAT SAME SORT
OF PROGRAM THAT THEY PREVIOUSLY
BEEN APPROVED --
AS THOSE LATER ACTIVITIES OCCUR --
SOME CONSIDERATION IS GIVEN TO
WHETHER OR NOT THEY'RE NEW
IMPACTS IF THEY'RE NEW IMPACTS A
SUBSEQUENT.
IN VINYL IMPACT REPORT IS
REQUIRED IF NOT YOU GET TO USE
THE PROGRAM HE I ARE --
THE ORIGINAL PROGRAMMING I WAS
NEVER REOPENED IT'S JUST A
QUESTION OF WHETHER OR NOT THIS
LATER ACTIVITY WILL HAVE A NEW
IMPACT THAT HADN'T BEEN COVERED.
UP PROJECT E. I. OURS CAN ALSO
BE TIERED IN A SIMILAR FASHION.
LEADER ACTIVITIES THAT ARE PART
OF THAT SAME PROJECT.
ARE EXAMINED TO SEE WHETHER OR
NOT THEY WOULD RESULT IN A NEW
IMPACT OR SUBSTANTIALLY MORE
SEVERE IMPACT IF NOT YOU USE THE
SAME E. I. R. WAS A VIRGIN
ORIGINALLY DONE FOR THE PROJECT.
IF THEY WOULD THEN YOU WOULD
POTENTIALLY PREPARE A SUBSEQUENT
E. I. R. OR SUBSEQUENT SECRET
DOCUMENT.
A SPECIFIC PLANS ARE ANOTHER
METHOD OF USING TEARING IN THE
EGGS ALMOST EXACTLY THE SAME
MANNER -- IF
A SPECIFIC PLAN HAS BEEN ADOPTED
AN E. I. ARE CERTIFIED FOR THAT
SPECIFIC PLAN IN A RESIDENTIAL
PROJECT PROPOSED THAT'S
CONSISTENT WITH A SPECIFIC PLAN
FOLLOWS THE SAME PATTERN.
UNLESS THERE'S A NEW IMPACT OR
SUBSTANTIALLY MORE SEVERE IMPACT
NOT COVERED IN THE ORIGINAL
SPECIFIC PLAN E. I. ARE --
THAT AGENCY CAN TO CONTINUE TO
USE THE SPECIFIC PLAN THE I. R.
FOR THE LATER PROJECT IF THERE
IS ANY IMPACT ON THE PREPARE A
SUBSEQUENT DOCUMENT. FOR THE
PAST FEW YEARS LEGISLATURE'S
CREATE A NUMBER OF SECRET
STREAMLINING TEARING MECHANISMS
INCLUDING NEW EXEMPTIONS WITH
ENTRANCE A PRIORITY AREAS.
JUSTIN BUT COMMUNITY
ENVIRONMENTAL ASSESSMENTS AND
OTHER APPROACHES APPLICABLE TO
DEVELOPING A TRANSIT PRIORITY
AREAS --
HOWEVER THESE TEND TO BE MORE
COMPLEX THAN THE STANDARD
EXEMPTIONS TO PROGRAM THE I. R.
THE PROJECT THE I. ARE --
ALSO THEY'VE NOT REALLY BEEN
TESTED AND AND SO THEY REALLY
HAVEN'T COME INTO WIDESPREAD USE.
I OFFICE OF PLANNING AND
RESEARCH HAS WRITTEN A TECHNICAL
ADVISORY COMPARING THESE VARIOUS
APPROACHES WHICH I'VE ATTACHED
TO MY MATERIALS I'M NOT GOING TO
GO INTO THEM IN ANY DETAIL
BECAUSE EACH ONE OF THEM IS
UNIQUE.
AND EACH ONE OF THEM IS
RELATIVELY COMPLEX UNTO ITSELF
IT WOULD TAKE US. TEN HOURS
RATHER THAN TEN MINUTES TO GO
THROUGH ALL OF THEM.
YOU'RE SAYING TESTED INCREASING.
WHAT EXACTLY CLOUT CLERK IN
QUALIFIES AS TRANSIT ORIENTED
SOMETHING LIKE THAT GETTING
THOSE DEFINITIONS ARE RIGHT THE
DEFINITION IS SIMPLE THE TRANSIT
PRIORITY AREAS ARE RELATIVELY
SIMPLE TO IDENTIFY THEY'VE BEEN
IDENTIFIED ON THE --
SUSTAINABLE COMMUNITY STRATEGIES
THAT HAVE BEEN PREPARED BY THE
METROPOLITAN PLANNING
ORGANIZATIONS OTHER ALSO
ESSENTIALLY JUST --
EVERYTHING WITHIN A HALF MILE
RADIUS OF THE HIGH QUALITY
TRANSIT STOP OUR HIGH QUALITY
TRANSIT LINES SO THAT IS NOT
NECESSARILY A PROBLEM WHAT THE
PROBLEM WITH THE PROBLEM ARISES
IS THAT --
THERE ARE NUMBER OF QUALIFIERS
APPLY WITHIN EACH ONE OF THOSE
AREAS ARE ALSO A VARIETY OF
DIFFERENT PROCEDURES THAT APPLY.
SO ONE PROJECT THAT MIGHT WORK
VERY NICELY TO BE TIERED ON A
SPECIFIC PLAN HE I ARE FOR
EXAMPLE MAY NOT QUALIFY. FOR ONE
OF THE STREAMLINING METHODS --
WITHIN TRANSIT PRIORITY AREAS
AND FOR WHATEVER REASON
LEGISLATURE'S CHOSEN TO CREATE
PERHAPS FIVE OR SIX DIFFERENT
WAYS OF TEARING RELATIVELY NEW
WAYS OF TEARING AND ALL OF THEM
ARE DIFFERENT.
AND SO.
IT'S A QUESTION OF IF YOU'RE A
DEVELOPER IT'S PROBABLY MORE A
QUESTION OF HOW DO I DESIGN MY
PROJECT.
THE FALL WITHIN ONE OF THESE
TEARING METHODS THEN IT IS --
OF HERE'S MY PROJECT I'M GOING
TO APPLY ONE OF THE TEARING
METHODS TO IT.
SO IT IT YOU KIND OF HAVE TO
DESIGN THINGS TO FOR UGH JUST TO
ADD TO THAT AND THEN WHAT I'D
LIKE TO DO IS LET YOU FINISH AND
WE'LL HEAR FROM JUST DISROBING
THEN HAVE QUESTIONS.
BUT CHOSE TO FOLLOW UP ON THAT.
THIS ACT AND DOES IT MAKE IT
EASIER BECAUSE THE PARAMETERS
ARE SET OUT. FOR DEVELOPERS THIS
IS WHAT THE IF THAT DOESN'T GIVE
THEM DIRECTIONS SO THAT IT
CREATES GREATER CLARITY AND WHAT
THEY'RE GOING TO HAVE TO DO TO
GET THEIR PROJECT APPROVED.
GOOD QUESTION.
YES TO A CERTAIN EXTENT GIVES
THEM SOME CLARITY AS TO WHAT
THEY NEED --
PARTICULARLY THE WHAT'S CALLED
THE SENATE BILL --
TWO TWENTY SIX THAT HAS
PROVISIONS FOR STATE WIDE --
DEVELOPMENT STANDARDS AND THEN
ALSO LOCAL DEVELOPMENT STANDARDS
PLAY A PART IN DETERMINING
WHETHER OR NOT YOUR PROJECT CAN
CAN TEAR TEAR OFF OF A PRIOR E.
I. ARE --
AND SO THAT DOES GIVE YOU A
CERTAIN LEVEL OF CONSISTENCY A
CERTAIN LEVEL OF CLARITY AS TO
WHAT SORTS OF THINGS WE REQUIRED --
BUT AGAIN IT DEPENDS ON THE
PARTICULAR LOCATION DEPENDS ON
THE JURISDICTION AND HOW THEY
APPLY [inaudible]
THANK YOU.
DID YOU HAVE ANY YES I WAS GOING
TO TALK BRIEFLY ABOUT HOUSING IN
SEQUENCE PLEASE DO.
THE ASSOCIATION ENVIRONMENT
PROFESSIONALS WHO I'M
REPRESENTING HERE TODAY E. P. A
PUBLISHED LAST YEAR WHAT IS
CALLED SEEK WAS IMPACT ON
HOUSING PRODUCTION WE SURVEYED
CALIFORNIA CITIES AN COUNTIES.
WE SENT --
LETTERS TO ALL OF THEM AND
RECEIVED ABOUT FORTY SIX
RESPONSES ABOUT 9% OR SO OF THE
CITIES AND COUNTIES RESPONDED A
SOME OF THEM OVERLAP WITH THE
JURISDICTIONS THAT WERE TALKED
ABOUT OR WILL BE TALKED ABOUT.
A IN THE STUDIES COMING UP AFTER
THIS PANEL.
THEY COMPRISE ABOUT US SEVEN OUT
OF TEN OF THE STATE'S LARGEST
CITIES ARE RESPONDING.
AND ABOUT 30% OF CALIFORNIA'S
SINCE WE HAVE LOS ANGELES AN
JOSE LONG BEACH SACRAMENTO SAN
FRANCISCO.
WE COMPILED THIS COMPREHENSIVE
DATA ON RESIDENTIAL PROJECTS OF
FIVE UNITS OR MORE --
AND WHAT SORT OF THING HAPPENED
UNDER SEEK REVIEW WITHIN THESE
JURISDICTIONS BETWEEN TWENTY
FIFTEEN AND TWENTY SEVENTEEN
OTHER ABOUT A FOURTEEN HUNDRED
HOUSING UNITS THAT WE LOOKED AT
OR THAT POPPED UP IN THE SURVEY --
AND ABOUT I SHOULD SY HOUSING
PROJECTS FOURTEEN HUNDRED
HOUSING PROJECTS ABOUT A HUNDRED
AND FORTY FOUR THOUSAND HOUSING
UNITS.
OUT OF THESE ABOUT FIFTEEN
THOUSAND OR ABOUT 10% OF ALL OF
THOSE ARE ACTUALLY AFFORDABLE
HOUSING UNITS OF THOSE WOULD
FALL UNDER THE WE ARE THE RENO
NUMBERS REGIONAL HOUSING --
NEEDS ASSESSMENT NUMBERS OF
BEING -- FOR
MODERATE --
LOW INCOME VERY LOW INCOME
HOUSING TO OUR GENERAL FINDINGS
WERE THAT --
STREAMLINING AN EXEMPTION FOR
THE PART PREDOMINANT TYPE OF
ENVIRONMENTAL REVIEW FOR THESE
PROJECTS ABOUT 42%OF THEM
EITHER USED A MITIGATED NECK
DECK -- OR
SOME SORT OF CATEGORICAL INFILL
EXEMPTION.
THE AVERAGE SIZE OF THE PROJECTS
REQUIRING III OURS WAS ABOUT
FOUR HUNDRED AND TWENTY SIX
UNITS SO IT WAS FOR A RELATIVELY
LARGE PROJECTS --
COMPARED TO THE AVERAGE PROJECTS
AT ABOUT NINETY IT NAY DECKS
ABOUT A HUNDRED AND TWENTY FOR
THOSE THAT ARE TEARING OFF OF A
PREVIOUSLY PREPARED SPECIFIC
PLAN -- AND
THEN ODDLY ENOUGH THIRTY SEVEN
UNITS FOR THE INFILL EXEMPTION
ONE THING ABOUT THE CATEGORICAL
EXEMPTION FOR INFILL IS THAT.
LIMITS THE SIZE OF THE PROPERTY
THAT CAN BE AFFECTED BUT IT
DOESN'T LIMIT THE NUMBER OF
UNITS INVOLVED SO YOU CAN END UP
WITH A LARGER DEVELOPMENTS.
AFFORDABLE UNITS BENEFITTED FROM
THE STREAMLINING EXEMPTIONS TO A
GREATER EXTENT TO MARKET EIGHT
UNITS IN MOST RIVER REVIEWED BY
TEARING FROM SPECIFIC PLAN HE
AYE OURS ARE USING THE
CATEGORICAL INFILL EXEMPTION --
ONLY ABOUT THREE HUNDRED EIGHTY
SEVEN OUT OF THE FIFTEEN
THOUSAND AFFORDABLE UNITS IN THE
SAMPLE REVIEWED USING THAT
STATUTORY AFFORDABLE HOUSING
EXEMPTION.
SO IT INDICATES AGAIN THAT IT'S
NOT VERY WIDELY USED --
SEEK REVIEW UTILIZING FULLY AYE
OURS WAS PROPORTIONING MORE
COMMON AN ABOVE AVERAGE HOUSING
PRODUCTION COMMUNITIES AS PART
OF OUR STUDY WHAT WE DID WAS A
DETERMINE WHETHER OR NOT --
AGENCIES WERE --
PRODUCING HOUSING LAID OUT IN
THEIR GENERAL PLAN HOUSING
ELEMENTS AND OF THE ONES THAT
WERE DOING BETTER --
UTILIZED FULL E. I. OURS --
ACTUALLY MORE COMMONLY THAN
OTHER AGENCIES --
FINDINGS ON SICK WAS A
CONSTRAINT WE FOUND THAT THE
PERCEIVED CAUSAL RENT
RELATIONSHIP BETWEEN SEEK REVIEW
AND FREQUENT PROJECT WITH
WITHDRAWALS MAYBE SEQUEL.
SIGNIFICANTLY OVERSTATED --
SOME PEOPLE OF SIDE WITHDRAWAL
OF PROJECT DURING SEEK REVIEWS A
SIGNALED SECRET DISCOURAGES
PROJECT APPLICANTS TO THE POINT
OF SEIZING THE PROCESS OF
HOUSING DEVELOPMENT --
BUT WHEN WE ASKED OUR SURVEY
RESPONDENTS ABOUT THIS --
IN TOTAL THERE WERE FIFTY ONE
PROJECT WITHDRAWALS COVERING
ABOUT THIRTY SEVEN HUNDRED UNITS --
EQUIVALENT TO A WITHDRAWAL RATE
OF ABOUT TWO POINT 8% OF THE
TOTAL UNITS IN THE SURVEY.
WE ALSO DON'T KNOW NECESSARILY
WHETHER IT'S SEEK TOP THREE
FACTORS THAT WE FOUND IN OUR
SURVEY AFFECTING MARKET RATE
HOUSING PRODUCTION CITED BY
RESPONDENTS WERE HIGH
DEVELOPMENT COSTS SUCH AS IMPACT
FEES COST OF LAND.
ON NON SEQUEL RELATED
NEIGHBORHOOD OPPOSITION --
AND THEN SIMPLE LACK OF
AVAILABLE SITES A SEQUEL REVIEW
WAS SELECTED FOUR TIMES AS BEING
A CONSTRAINT OUT OF THE HUNDRED
AND TWELVE RESPONSES THAT WE
RECEIVED.
A RECALL OF COURSE OF THESE
RESPONSES FROM LOCAL AGENCY
CITIES AND COUNTIES.
THE MOST FREQUENTLY CITED
FACTORS AFFECTING AFFORDABLE
HOUSING PRODUCTION LACK OF
FINANCING HIGH DEVELOPMENT COSTS
LOSS OF REDEVELOPMENT AGENCIES --
AND THEN FOR AFFORDABLE HOUSING
SEEK REVIEW IS ATTRIBUTED TO
TIMES. FOR THIS AS A FACTOR OUT
OF A HUNDRED AND TWENTY FOUR OF
RESPONDENTS.
IN AN COMMENTS FROM SEVENTEEN OF
THE THIRTY RESPONDED SPONDON SAW
SUGGESTED THAT SECRETIVE NOT
CONSTRAIN HOUSING THEIR
JURISDICTION FOR OTHER
RESPONDENTS HAD MIXED OPINIONS.
CITING MIXED SEQUEL MIXED WITH
OTHER DEVELOPMENT CHANT
CHALLENGES AND THE NINE FELT
THAT IT INDEED DID CONSTRAIN
HOUSING DEVELOPMENT.
WITHIN GENERALLY STAY IN THE
SEQUEL ADDED TIME AND OUR COST
OF THE APPROVAL PROCESS.
M. LET'S SEE YEAH AND THEN THE
OPINIONS ABOUT SEQUIN HOUSING
PRODUCTION AND I SEEM TO VERY BY
THE JURISDICTIONS HOUSING
PRODUCTION INDEX RATING. ELEVEN
OF THOSE SEVENTEEN RESPONDENTS
FELT IT SEE COULD NOT CONSTRAIN
HOUSING PRODUCTION --
WERE IN ACTUALLY BELOW AVERAGE
PRODUCTION JURISDICTION
SUGGESTING OTHER FACTORS WERE
IMPACTING THEIR ABILITY TO
PRODUCE HOUSING AND WITH THAT --
THAT'S THE END OF MY REMARKS.
IS THAT REPORT AVAILABLE TO US
YES YEAH IT DID --
SHOULD BE PRINTED UP AND I THINK
IT'S AVAILABLE OVER HERE ON THE
TABLE ALRIGHT SO PEOPLE HERE
WOULD LIKE IT AND THEN OTHERS
HOW IF THERE ARE OTHERS WHO ARE
LISTENING IN AND ARE NOT GOING
TO BE ABLE TO PICK UP A A
PHYSICAL COPY.
IS THERE A WEBSITE OR IS THERE
SOME AN ENVIRONMENTAL
PROFESSIONALS WEBSITE.
HAD PRINTED OUT A COPY LET'S SEE
IF WE HAVE.
IF IT SAYS IN HERE WHERE THAT
WOULD BEING.
I'M TOLD WE ALSO HAVE IT ON OUR
JUDICIARY COMMITTEE WEBSITE YEAH
FIND A UNFORTUNATELY IT WOULD
HAVE BEEN TOO SIMPLE FOR US TO
SIMPLY PUT THAT WEBSITE NAME
DOWN ON OUR ON OUR DOCUMENTED SO.
I DON'T HAVE IT AT HAND.
WE DON'T WANT TO OF BLESSED
ANYONE THINK THAT THIS IS A VERY
SIMPLE PROCESS --
RIGHT LIKE TO MAKE IT
COMPLICATED ALTHOUGH IT ISN'T
AND I THINK THAT THE DATA FROM
THIS REPORT I THINK IS.
IS VERY ENLIGHTENING SO OF THANK
YOU FOR PUTTING THAT TOGETHER
THANK YOU FOR YOUR TESTIMONY.
OUR NEXT PANELIST IS THE VERY
HONORABLE.
JUSTICE ROBY WHO HAS BEEN. ONE
OF THE EXPERTS ARE IN THIS WHOLE
AND WE ARE.
DELIGHTED THAT HE IS WITH US
TODAY HE IS SO.
HE'S REALLY --
HARD TO TALK ABOUT SOMEONE IN
THE PRESENCE AND JUST REALLY BE
ABLE TO PROPERLY ACKNOWLEDGE THE
THE IMPACT HE'S HAD --
HE IS A HEAVILY DECORATED AND
CELEBRATED JUSTICE FROM THE
THIRD DISTRICT OF CALIFORNIA
COURT OF APPEALS --
HE'S AUTHORED NUMEROUS KEY
OPINIONS ON C. CORE.
AND ACTUALLY HELPS TO TRAIN
JUDGES ON A SECRET ISSUES.
AND HE'S BEEN A MEMBER OF THE
COURT OF APPEALS SINCE TWO
THOUSAND AND TWO PREVIOUSLY
SERVED AS A JUDGE OF THE
MUNICIPAL AND SPUR COURTS OF
SACRAMENTO COUNTY.
FROM NINETEEN EIGHTY THREE ON SO
HE'S BEEN WITH US FOR QUITE SOME
TIME SERVING --
IT WAS EXTRAORDINARY --
CAPACITY AND EXPERTISE --
BEFORE THAT HAD A CAREER IN
WATER RE FOR THE STATE ASSEMBLY
WATER COMMITTEE THAT I DO KNOW
WE ARE DIGGING WAY BACK HERE.
JUSTICE GOING WAY BACK --
AND AS A MEMBER AND VICE CHAIR
OF THE STATE WATER RESOURCES
CONTROL BOARD ALSO WAS A
DIRECTOR OF THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES.
JUSTICE ROBY CURRENTLY SERVES AS
THE CHAIR OF THE SUPREME COURT
COMMITTEE ON JUDICIAL ETHICS
OPINIONS IT HAS ALSO TAUGHT
WATER LAW AND ENVIRONMENTAL LAW
TO MCGEORGE SCHOOL OF LAW.
PREMIER FORTY THREE YEARS.
JUSTICE ROBBIE WILL TALK TO US
ABOUT PROVISIONS THAT PROVIDE
FOR XCELERATED.
JUDICIAL REVIEW OF SEE QUITE CAM
WITH THAT JUSTICE ROLE WE THANK
YOU SO MUCH FOR JOINING US THANK
YOU SENATE JACKSON THAT WAS MORE
ELABORATE AND MUCH MORE
ELABORATE THAN NECESSARY BUT
THANK YOU SO MUCH --
AS YOU MENTIONED I DID SERVE
BOTH ON THE TRIAL COURT AND THE
COURT OF APPEAL.
AND I'VE HANDLED SEQUEL CASES IN
BOTH CIRCUMSTANCES SO I HAVE HAD
SOME EXPERIENCE WITH THAT --
IN ADDITION --
I WANT YOU TO KNOW THAT WE DO.
TEACH OUR SECRET JUDGES THAT ARE
DESIGNATED AND COUNTIES OF MORE
THAN TWO HUNDRED THOUSAND PEOPLE.
AND WE HAVE AN ANNUAL COURSE FOR
NOT ONLY THE AND THEIR STAFFS SO
WE DO OUR BEST TO KEEP THEM UP
TO DATE AND TIMELY AND AT
HEARING THESE CASES --
IN THE LEAST THOSE COUNTIES IN
WHICH SECRET JUDGES ARE REQUIRED
BY STATUTE.
A COUPLE WORDS ABOUT OF WHAT WE
SEE IN THAT OCCASION --
FREQUENTLY THERE IS LITIGATION
OVER WHETHER AN EXEMPTION IS
PROPER --
BECAUSE THAT ELIMINATES ALL
SUPER REVIEWS SO OCCASIONALLY
THEY'LL BE A LAWSUIT OVER
WHETHER THE EXEMPTION APPLIES IN.
AND IF IT IF THE SUIT NORMALLY
AT THE TRIAL COURT DETERMINES
THAT IT.
IT DOESN'T APPLY THEM THEY WOULD
NORMALLY GO BACK AND DO THE
REGULAR PROCESS WITHOUT A
SIGNIFICANT DELAY IN THE PROCESS.
ANOTHER AREA WHICH IS REALLY A
FREQUENTLY.
LITIGATED IS WHEN AN AGENCY USES
AND THEY GET A DECLARATION
RATHER THAN.
AND THEN I RAIL ENVIRONMENTAL
IMPACT REPORT FOR A NEGATIVE
DECLARATION THIS IS A VERY LOW
STANDARD AND THEN --
IS SOMETIMES IF YOU TAKE THREE
YEARS LITIGATING WHETHER IN
NEGATIVE DECORATIONS PROPER AND
FIND OUT THAT IT ISN'T THEN YOU
SPEND ANOTHER THREE YEARS DOING
THE I. R..
SO MY ADVICE TO PEOPLE WHO HAVE
A PROJECT THAT MIGHT HAVE
CONTROVERSY.
AND AND MAYBE A LARGER PROJECT
AND AND GENERATE MORE.
OPPOSITION IS BUILT DIRECTLY TO
THE I. R. AND SAVE TIME THE THE
OTHER THING I WANTED TO MENTION
IS THAT WE DON'T TALK ABOUT TOO
OFTEN BUT A IF THERE'S AN
ASSUMPTION THAT ONCE THE CASE
GOES TO THE COURT OF APPEAL IT'S
ALL OVER SOMETIMES --
WHEN THE?
WHEN THE DECISION OF THE COURT
OF APPEAL --
GOES BACK TO THE TRIAL COURT
THEN THERE'S FURTHER LITIGATION
OVER WHAT THE TRIAL COURT DOES
THE SECOND TIME.
EXCEPT THAT THE SOME SOMETIMES
YOU GET MULTIPLE LAWSUITS BUT IN
MOST CASES YOU DO NOT IN MOST
CASES THE THE TRIAL COURT'S
DECISION WHETHER IT'S UP HELD A
REVERSE.
NEVER NECESSARILY RESULTS IN THE
OF THE MATTER BEING RESOLVED
WITHOUT FURTHER LITIGATION --
BUT THERE HAVE SOME THINGS THAT
WE HAVE DONE THROUGH.
A JUDICIAL OPINIONS AND I WANTED
TO TALK ABOUT.
A STREAMLINING ISSUES THAT
SYSTEM FIRST OF ALL.
A AS THOSE OF YOU OR YOU'RE ALL
LAWYERS YOU KNOW THAT IF YOU
OBJECT.
TO THE RECORD FOR EXAMPLE ON THE
BASIS OF PRIVILEGE LIKE ATTORNEY
CLIENT OR EXECUTIVE PRIVILEGE --
YOU CANNOT WAIT UNDER THE CASE
LAW TILL YOU GET TO THE COURT OF
APPEAL AND THEN SAY NOW.
IF THE PRIVILEGE WAS IMPROPERLY
INSERTED THEN WE HAVE TO START
OVER AGAIN.
YOU HAVE TO DO THAT BY WRIT AND
SO YOU CAN'T DELAY THE PROCESS
BY THAT.
THE OTHER THING IS THAT IF IF A
TRIAL COURT OR COURT OF APPEAL
AFTER REVIEWING THE TRIAL COURT
DECISION.
FINDS THAT ONLY A SMALL PART OF
THE I. R. IS INADEQUATE OF FOR
EXAMPLE THE ANALYSIS OF RIPARIAN
VEGETATION WHICH WAS IN THE AD
IN THE CASE OF MINE.
THE ONLY PART OF THE I. R. THAT
HAS TO BE FIXED IS THE PART THAT
WAS EFFECTIVE.
YOU DON'T HAVE TO RE WRITE THE
WHOLE THING YOU KNOW YOU CAN
ONLY AND YOU CAN FOCUS THEN.
ON REPAIRING THAT DOING THAT
MORE -- IT
FAIRLY AND IN RESPONDING TO THE
RED WHICH THE COURT HAS ISSUED
AND THEN MOVING RIGHT ON
SIMILARLY --
INJUNCTIONS IF ONE ARE IS IS
ISSUED.
A TO THAT PART OF THE PROJECT
WHICH IS SEVERABLE.
IF YOU'RE TALKING ABOUT A
PARKING LOT HAVING AN
ENVIRONMENTAL PROBLEM THAT
THERE'S A MAJOR CONSTRUCTION
PROJECT IN ADDITION TO THE
PARKING LOT.
YOU CAN'T AND THE COURTS
FREQUENTLY PERMIT THE PROJECT TO
GO AHEAD.
WITHOUT --
AS TO EVERYTHING OTHER THAN THE
PART THAT WAS THE SUBJECT TO
LITIGATION.
AND IN THIS BY THE SAME TOKEN
MANY CASES.
GO RIGHT AHEAD EVEN THOUGH THE
LITIGATION GOES ON IT IN OTHER
WORDS THEY'RE NOT ENJOYING.
AND THE BEST EAMPLE LOCALLY
THAT I CAN THINK OF IS IS
MCANALLY VILLAGE OUT HERE RIGHT
OFF OF BUSINESS.
EIGHTY WHICH I HAD A LAWSUIT THE
CAME TO OUR COURT AND THE I. R.
WAS FOUND INADEQUATE --
THEY WENT BACK AND WAS FIXED AND
THEN THE NEXT DECISION SAID IT
WAS OKAY BUT MEANWHILE DURING
THE ENTIRE TIME OF THIS
EDUCATION THE PROJECT'S.
BEEN BUILT THAT'S ALMOST
COMPLETELY CONSTRUCTED YOU CAN
SEE THAT.
THE PROCESS IS FREQUENTLY --
NOT A PROBLEM THE OTHER THING
ABOUT -- WE
SHOULD WE SHOULD NOTE THAT A LOT
OF CASES SIMPLY DON'T RESULT IN
LAWSUIT --
AND MY FRIENDS WHO TEACH WITH ME.
IN THE END WHO PRACTICE.
FIND THAT OF FREQUENTLY --
CASES CAN BE RESOLVED.
EITHER AFTER THE CASE HAS BEEN
FILED IN COURT OR BEFORE IT'S
FILED.
AND I WAS TOLD BY THE LAWYER FOR
THE THE WARRIORS ARENA IN SAN
FRANCISCO THAT.
IT WAS ORIGINALLY LOCATED IN A
IN A ZONE WHICH WAS SUBJECT TO
JURISDICTION OF THE STATE LANDS
COMMISSION.
AND EVERYBODY WAS QUITE
CONCERNED ABOUT THE POTENTIAL
PROBLEMS WITH THE PERMITTING
FROM THE LAST COMMISSION SO THY
JUST MOVE THE PROJECT SO IT NO
LONGER WAS IN THE AREA THE STATE
LANDS COMMISSION JURISDICTION.
SO THERE ARE A LOT OF WAYS THAT
PROJECTS CAN BE MODIFIED BY THE
PROPONENTS. TO LIMIT --
ON A SIMILAR SITUATION THOUGH
FREQUENTLY SIGLER LAWSUITS ARE
ACCOMPANIED BY LAWSUITS ON ANY
OTHER SUBJECTS.
OF VIOLATIONS OF THE GENERAL
PLAN AND ZONING ISSUES AND AND
VARIOUS OTHER THINGS SO.
IT CAN'T BE ASSUME THAT BECAUSE
YOU MAY HAVE A LAWSUIT THAT IF
YOU RESOLVE THE SEQUEL PART YOU
RESOLVED ALL THE REST OF IT.
AND THE THEY EXAMPLE RIGHT NOW
IS THE EIGHT EIGHTY ONE FIFTY
SENSIBLE OF OUR CASE IN LOS
ANGELES WHICH IS ONE OF THE AB
NINE HUNDRED CASES WHICH THE
SICK APART RESOLVED AT THE
HISTORIC BUILDING PART IS NOT
YET RESOLVED.
SO SOMETIMES WHEN SICK WERE.
IT WAS ALL OVER AND THEN THERE'S
SOMETHING ELSE THAT'S CAUSING
PROBLEMS.
I I WOULD I WOULD LIKE TO TALK
TO YOU A BIT ABOUT THE AB NINE
HUNDRED PROVISIONS WHICH WERE.
ENACTED A FEW YEARS AGO AND IN
THEIR PRESENT FORM --
THEY PROVIDE FOR RESERVE
RESOLUTION OF THE LITIGATION
THROUGH BOTH THE TRIAL COURT AND
THE COURT OF APPEAL.
IN TWO HUNDRED AND SEVENTY DAYS
AND WE AT THE COURT SYSTEM
CONSISTENTLY ADVISE YOU AND WE
WILL CONTINUE TO DO SO THAT
THAT'S TOO SHORT.
AND IT WASN'T BASED UPON --
ANY CASES BUT RATHER WAS JUST AN
ARBITRARY NUMBER.
WHICH CAME AND FROM HISTORICAL
STANDPOINT THE LEGISLATURE IS
YOU KNOW ORIGINALLY AN S. A. B. --
NINE HUNDRED PROVIDED THAT THESE
CASES BE BROUGHT ORIGINALLY IN
THE COURT OF APPEAL WITH
ORIGINAL JURISDICTION --
AND SKIPPING THE TRIAL COURT
ENTIRELY.
THAT WAS CHALLENGED IN THE
ALAMEDA SUPERIOR COURT AND AS A
JUDGE OF THE ALAMEDA SUPERIOR
COURT RULED THAT IT WAS
UNCONSTITUTIONAL AND TO MUCH TO
MY SURPRISE THAT EVERYBODY SAID
OKAY WELL WE'LL JUST CHANGE IT
AND SO.
THEY ADDED BOTH THE TRIAL COURT
AND THE COURT OF APPEAL PROCESS
BACK TO WHERE IT WAS BEFORE.
AND BUT THE NUMBERS DIDN'T GET
ADJUSTED IN AN APPROPRIATE
MANNER SO.
WE TRY VERY HARD AND WE WILL
ALWAYS TRY TO COMPLY WITH
WHATEVER THE LEGISLATURE'S THAT
WISHES.
AS OUR GOALS OR REQUIREMENTS BUT
I CAN JUST TELL YOU THAT THE
IT'S IT'S VERY VERY DIFFICULT
FOR A COURT. TO MEET THOSE
REQUIREMENTS AND WITH ALTHOUGH
THEY ALMOST DID.
AND THEY DID OKAY IN SACRAMENTO
THERE ARE ACTUALLY FEWER ISSUES
IN THOSE LITIGATION THEN.
AND THERE MIGHT APPEAR BUT THERE
IS AND SOME OF THESE AB NINE
HUNDRED CASES OF ACTUALLY
RESOLVE WITHOUT LITIGATION.
I WAS REMINDED THAT THE APPLE
CAMPUS IN CUPERTINO WAS IS ONE
OF THESE AB NINE HUNDRED CASES
THERE WASN'T ANY LAWSUIT I GUESS
PEOPLE WERE DISAPPOINTED ABOUT
THAT.
ONE BUT SO PEOPLE ACTUALLY
RESOLVE THINGS AND I AND I AND
ONE THING THAT MAYBE IT CAN BE
DONE WE'VE TALKED ABOUT I'VE
TALKED ABOUT.
BOTH THE CENTER ALLEN AND CENTER
JACKSON IS THAT YOU MIGHT WANT
TO BEEF UP A LITTLE BIT THE AND
MEDIATION SETTLEMENT PROVISIONS
OF THE LAW.
BECAUSE WE WHEN YOU SHOULD TRY
TO THE OUTSIDE THE PARAMETERS OF
SYKORA AND GET PEOPLE TO RESOLVE
THINGS BY DOING SOMETHING
DIFFERENT THAN.
JUST ALLOWING THE JUDGE DO IT.
WHENEVER YOU YOU HAVE THE COURT
MAKE THE DECISION THE PARAMETERS
AVAILABLE TO THE COURT TO MAKE
THAT DECISION A MUCH MORE NARROW
THAN IF YOU.
IF YOU ARE FREE TO RESOLVE THE
MATTER.
BY ME AS A RESULT OF MEDIATION
OR SETTLEMENT CONFERENCES --
BUT THERE HAVE BEEN --
I THINK.
A LOT OF PROGRESS IN THE WAY THE
COURTS OF HANDLE THESE THINGS
BECAUSE WE TAKE THEM SERIOUSLY.
AND WE I THINK --
ALTHOUGH WE HAVE A LOT FEWER
THAN YOU MIGHT EXPECT I MEAN I
MAY HAVE.
A SECRET CASE ONCE EVERY COUPLE
YEARS.
THEY'RE NOT AS FREQUENT AS YOU
MIGHT EXPECT.
AND WE DO OUR BEST TO GET THEM
THROUGH THE TIME FRAMES WHICH IS
IN THE PRESENT TIME WITH THE
NINE HUNDRED PROGRAMS ARE REALLY
A VERY DIFFERENT DIFFICULT TO US.
TO DO.
I I WILL BE HAPPY TO ANSWER ANY
QUESTIONS.
YOU MAY HAVE RIGHT WELL THANK
YOU SO MUCH BOTH OF YOU AND AND
WHAT I'D LIKE TO DO NOW IS OPEN
THE QUESTIONS FOR MEMBERS ON THE
DíAS -- TO
EITHER --
JUSTICE ROBY OR MISTER RIVER
SPLATTER --
AND IF WE COULD FOCUS.
AGAIN ON OF THE BASIS OF THEIR
TESTIMONY WOULD BE VERY HELPFUL
TO KEEP IT IN THAT CONTEXT SO --
IF MISTER I SURE IF YOU'D LIKE
TO GO AHEAD.
THIS MERGER WOULD YOU LIKE.
TO MADAM CHAIR WHEN YOU SEE VICE
CHAIRMAN NOT ACCUSTOMED.
TO IN THIS JOINT SETTING BUT
THANK YOU FOR THE OPPORTUNITY I
LIKE TO THINK --
THE TO INDIVIDUALS WHO OF
PRESENT DAY THANK YOU --
FOR BEING ABLE TO MAKE OURSELVES
AVAILABLE TO THE QUESTIONS.
SO.
I THINK ALL THIS CAN I JUST JUMP
IN -- MY
PREVIOUS CAPACITY I WAS A MEMBER
OF THE A CITY COUNCIL AND THEN
BORDERS WE HAD A LOT OF LAND USE.
RELATED DECISIONS.
HI THE AT THAT AT THAT LOCAL
LEVEL.
AND I THINK WHAT HAS HAPPENED
OVER TIME --
IS THAT SEE WHAT HAS --
FRANKENSTEIN.
IN ITS APPLICATION EN OUR
UNDERSTANDING OF IT IT'S
FRANKENSTEIN BECAUSE INSTEAD OF
IT BEING AN ENVIRONMENTAL SHIELD
PROTECTING THE ENVIRONMENT IT
HAS BECOME.
A BIT OF A SORT.
ROLES HAVE REVERSED OVER PERIODS
OF TIME AT LEAST FROM THE
INITIAL --
DESIGN ON HOW IT WAS TO BE
CREATED IMPLEMENTED.
AND THEN YOU HAVE.
I THINK FOR RIGHT OR WRONG.
A DANGEROUS MYTHOLOGY.
THAT DEVELOPS.
AMONGST FOLKS IN CERTAIN CAN
BUILDING COMMUNITY DEVELOPMENT --
ENVIRONMENTAL.
ON EXACTLY HOW IT IS.
SO IT THREATENS.
IN DISCOURAGES CERTAIN PROJECTS
ROM MOVING FORWARD.
WHAT I'VE SEEN AT THE LOCAL
LEVEL WHICH IS BEEN A LITTLE?
UNNERVING.
IS THAT --
FOLKS WHO ARE CHALLENGING A
PROJECT.
WELL AS ARE STEAMED --
JUSTICE HAD MENTIONED.
FIND A WAY.
TO FILE THE SUIT OR THREATEN TO
FILE A SUIT AND BEHIND CLOSED
DOORS CONCESSIONS ARE MADE.
AND LO AND BEHOLD GROUPS GO AWAY
THAT OTHERWISE HAD.
SOME SOME SOME CHALLENGES AND
SOME.
PRESUMABLY MERITORIOUS CONCERNS.
BUT I GUESS.
WHEN I'M LOOKING AT THE REPORT
HERE?
AND IT'S I'M LOOKING AT OUR
BRIEFING.
OUR LEGISLATIVE REPORT.
IT TALKED ABOUT THE TWENTY
SIXTEEN BE A URBAN ECONOMICS.
DID A QUALITATIVE QUANTITATIVE
AND THE FLASH YOUR QUESTION ON
ON THIS.
I DON'T THINK SO NO.
WHAT WHAT IS IT IN GENERAL I MAY
HAVE SOME GENERAL I THINK
THERE'S A STATEMENT HERE THAT I
THINK SUMS UP IS THAT THE REPORT
FOUND QUOTE NO EVIDENCE TO
SUPPORT THE ARGUMENT THAT SEEK
REPRESENTS A MAJOR BARRIER TO
DEVELOPMENT?
AND SO MY QUESTION TO YOU TO
BOTH OF YOU.
IS WE HAD A STATUS STATE.
AND THE GOVERNOR.
TALKED ABOUT THE NEED FOR A
SEQUEL REFORMIST SPECIFICALLY IN
TERMS OF HOUSING.
AND WHAT I'VE HEARD FROM YOUR
TESTIMONY TODAY.
IS THAT SEQUEL IS NOT A MAJOR
IMPEDIMENT TOWARD DEVELOPMENT
AND THE HOUSING STOCK.
DOES THE GOVERNOR HAVE IT WRONG
IN YOUR OPINION.
I WOULDN'T WANT TO SECOND GUESS
THE GOVERNOR BUT THERE.
I WOULD SAY THAT SECRET AFFAIR
ADVERSELY AFFECTS VERY LARGE
PROJECTS CONTROVERSIAL PROJECTS --
HIGH PROFILE PROJECTS BUT IT
DOESN'T NECESSARILY AFFECT THE
GREAT GREAT MAJORITY OF PROJECTS
KNOW WHAT I'D ARGUE THAT IT
AFFECTS --
THERE WOULD HAVE A SAID A MAJOR
EFFECT ON HOUSING PRODUCTION
STATEWIDE.
IT CAN BE A CERTAINLY SOMETHING
IT DISCOURAGES PEOPLE FROM
FINDING AN APPLICATION BUT IN
SOME CASES IT'S BECAUSE THEY'RE
PROJECT WASN'T VERY GOOD PROJECT
TO BEGIN WITH IT MAY BE THAT IT
HAD CONSTRAINTS ON THE THAT THEY
HADN'T THOUGHT ABOUT.
EVEN FIFTY YEARS IN IN MY
PRACTICE WE HAVE.
PEOPLE WHO APPROACH US WITH THE
PROJECT AND WHEN WE LOOK AT IT
WE REALIZE WHAT GOSH YOU KNOW
YOU'RE ON TOP OF WETLANDS AND
NOW YOU'RE GONNA NEED PERMITS
FROM CALTRANS FOR A A
INTERCHANGE.
THE PROJECT SOMETIMES OF ALL
KINDS OF CONSTRAINTS.
THAT SUDDENLY POP UP DURING THE
SUPER PROCESS.
THOSE SORTS OF CONSTRAINTS CAN
BE DETRIMENTAL TO A PROJECT AS
WELL SO IT'S NOT NECESSARILY
JUST SECRET.
IT'S SOME CERTAINLY NOT OBJECT
THERE FOUNDED IN THANK YOU SO IF
I UNDERSTOOD YOU CORRECTLY.
THAT THERE'S OTHER EXTERNALITIES
THAT BEAR AS MAJOR IMPEDIMENTS
TO DEVELOPMENT.
SO THE GOVERNOR'S FOCUS ON
HOUSING.
I UNDER THE RUBRIC OF SEQUEL
REFORM IS MISPLACED.
THAT IS ME I WHEN I CAN ARGUE
ABOUT WHAT THE GOVERNOR SAID
WE'RE HERE TODAY TO TALK ABOUT.
SEE QUIRK AND A AS YOU INDICATED
MISTER BORCHERS THERE IS A
MYTHOLOGY AND WE'RE HERE TODAY
TO TALK ABOUT THAT MISSED
METHODOLOGY AND TO DISPEL IT TO
THE EXTENT THAT.
IT IS TO SPELL BOLTED TO TO LOOK
AT THE FOR A NUMBER OF YEARS
THERE'S BEEN AN EFFORT TO
UNDERMINE.
THE SEQUEL GOOD BECAUSE THERE'S
THERE'S A YOU WILL IN A MOMENT
BECAUSE ON THE CHAIR --
IN THAT THERE HAS BEEN AN EFFORT
TO UNDERMINE SEQUEL BECAUSE HE
DOES IT CAN BE AN IMPEDIMENT TO
A LOT OF MONEY TO BE MADE AND
DEVELOPMENT SO --
THIS ISN'T ABOUT THE GOVERNOR'S.
OF POSITION THIS IS AN EFFORT TO
TRY TO GET TO THE FACTS
ASSOCIATED WITH WHAT IS AND IS
NOT.
TRUE OR REAL ABOUT SEQUENCE SO
WITH THAT IN MIND PLEASE FEEL
FREE TO PROCEED I WILL THANK YOU
MADAM CHAIR APPRECIATE THAT. ONE
OF THE WAYS OF STREAMLINING.
I'LL I'LL TAKE A DIFFERENT
APPROACH. ONE OF THE WAYS OF
STREAMLINING --
SOME OF THE CHALLENGES WITH SEEK
WHILE I NOTICE REALLY SPEAKS
VOLUMES.
AND THAT IS.
AN EXEMPTION.
SO INSTEAD OF JUST WORKING
THROUGH THE SYSTEM THERE ARE
WAYS TO APPLY IT SO THAT IT DOES
NOT EVEN PERTAIN TO A GIVEN
PROJECT --
AND I THINK THE THE GOVERNOR AND
ALL THIS IS JUST BY REFERENCE WE
TALK ABOUT THE WITH THE STADIUM
DOWN DOWN THE WAY --
HOW DID THAT COME ABOUT SO
QUICKLY DO YOU DO YOU KNOW?
THERE HAVEN'T REALLY THAT THAT'S
IS ONE MYTH OF SEQUEL IS THAT
THERE BEEN A NUMBER OF
EXEMPTIONS FOR STADIUMS THERE
HAVE NOT BEEN ANY EXEMPTIONS PER
SE FOR STADIUMS ALTHOUGH THERE
WAS A A LIMITED EXEMPTION FOR
THE OLYMPICS BACK IN.
NINETEEN EIGHTY FOUR WHAT HAS
HAPPENED IS THAT THEY HAVE --
ALLOWED UDER CERTAIN
CIRCUMSTANCES IN A PARTICULAR
STATUTES HAVE BEEN PASSED ALLOW
DEVELOPERS OF STADIUMS TO FRONT
LOAD THE SEQUEL PROCESS THE SICK
AS I MENTIONED THERE'S A REVIEW
PROCESS FOR DRAFT ENVIRONMENTAL
IMPACT REPORTS.
THEY'RE ALLOWED TO FRONT LOAD
THAT PROCESS BY THE KNOWLEDGE OF
WHAT COMMENTS HAVE BEEN RECEIVED --
THINGS LIKE THAT AND THEY'RE
OFFERED A STREAMLINED LITIGATION
PROCESS AT THE END OF IT TO THE
HAVE ACTUALLY BEEN ANY
EXEMPTIONS ABOUT EXEMPTIONS HAVE
BEEN WIDELY USED BY --
AGENCIES ALL OVER THE STATE --
TO HELP.
APPROVED INFILL DEVELOPMENT THE
AS I MENTIONED THE CLASS THIRTY
TWO EXEMPTION WHICH IS A
CATEGORICAL EXEMPTION NOT A
STATUTORY ONE BUT ONE CREATED BY
THE NATURAL RESOURCES AGENCY.
HAS BEEN BROADLY USED.
IT IS ALSO BEEN UP HELD A NUMBER
OF K A NUMBER OF TIMES AND
AT THE COURT OF APPEAL.
SO IT'S WELL ESTABLISHED.
THE DOWNSIDE OF THAT EXEMPTION
IS THAT IT IS NOT AN ABSOLUTE
EXEMPTION.
IF THERE IS EVIDENCE THAT THERE
MAY BE UNUSUAL CIRCUMSTANCES
SURROUNDING THE PARTICULARS OF
OF THE PROJECT SITE OF THE
PROJECT ITSELF THAT SET IT APART
FROM ITS SURROUNDINGS --
AND THAT THERE IS THE POTENTIAL
FOR SIGNIFICANT IN FACT YOU
CAN'T USE THAT EXEMPTION.
THOUGH IT DOES HAVE SOME
LIMITATIONS ON AS I MENTIONED
STATUTORY EXEMPTIONS FEWER
LIMITATIONS BUT THESE
CATEGORICAL EXEMPTIONS TO HAVE
LIMITATIONS ALL FINISHED WITH MY
LAST TWO QUESTIONS ON ME WILL
POSE IT TO YOUR HONOR --
YOU MENTIONED THERE'S NOT A LOT
OF LAWSUIT --
AND I'M WONDERING IN YOUR
EXPERIENCE.
DO YOU THINK THAT --
PARTIES HAVE BEEN DISCOURAGED
FROM THE PROCESS --
AND THAT IS YOU WANT THAT'S
REFLECTED IN AND HOW.
THERE IS A RELATIVE LOWER NUMBER
SIX LAWSUITS I WOULD HAVE NO
IDEA I I CAN JUST TELL YOU THAT
COMPARED TO THE NUMBER PROJECTS
OUT THERE.
THERE IS RELATIVELY SMALL
LITIGATION I DO TEACH WITH SOME
LAWYERS WHO DEAL WITH SICK WAY
EVERY DAY.
AND THEY TELL ME ANECDOTALLY OF
ALL THE MATTERS THAT HAVE BEEN
RESOLVED BECAUSE NEIGHBORHOOD
GROUPS HAVE COME TO AN AGREEMENT
WITH THE DEVELOPER FOR EXAMPLE
AND AVOIDING LITIGATION --
NO AND NOBODY REALLY WANTS THAT
NOBODY WANTS TO COME TO THE
COURTS IF THEY DON'T HAVE --
TO AND I I UNDERSTAND THAT IN A
CAN BE EXPENSIVE AND IT'S TIME
CONSUMING SO I THINK THERE'S A
LOT OF OF OF PEOPLE WHO RESULT
THINGS OUT OF COURT --
OTHERWISE IF IF EVERYTHING THAT
ALL THESE LARGE NUMBERS OF OF
PROJECTS THAT ARE ACTUALLY SENT
ME TO SEE WHAT.
WE COULDN'T EVEN OPERATE WE CAN
DO ANYTHING ELSE BUT SICK WITH
SO I THINK I THINK THAT IT'S
TRUE THAT THERE IS A RELATIVELY.
I MEAN YOU SEE.
LARGE ARTICLES ABOUT IMPORTANT
ONCE THEY GET CAUGHT BUT THE
VAST MAJORITY IN MARIN I'M NOT
IN COURT.
I CAN JUST TELL YOU BECAUSE WE
JUST DON'T HAVE THAT MANY CASES
IT [inaudible]
THAT THE THAT THE THE CASE IS
THAT THE THAT THAT THAT YOU'VE
STUDIED WERE THAT HAVE BEEN A
PART OF THE STUDY.
THAT ENDED THE ENTITLEMENT STAGE.
FIVE RIGHT YEAH SO DO NOT WILL
NOT NECESSARILY IT ENDED IN THE
ENTITLEMENT STAGE IN THAT WE ASK
THEM WHAT SORT OF ENTITLEMENTS
THE THE ISSUED FOR THESE. FIVE
PLUS UNIT PROJECT BUT WE DID
ALSO ASK THEM --
DID THESE RESULT IN LITIGATION
WHAT SORT OF LITIGATION DID YOU
HAVE AN EYE SO WINNING THE
RESPONSE WAS SOMEWHERE Là
AROUND 1%.
THAT THAT WAS RIPPED PRETTY RARE
THAT THEY ACTUALLY ENDED UP IN
COURT OVER OVER A PROJECT SO
THAT LITIGATION OR THE THREAT OF
LITIGATION.
IN THE X. THE MASSIVE EXTENSIONS
THAT WOULD NORMALLY.
GO ALONG WITH A POST ENTITLEMENT --
JUDICIAL REVIEW WERE NOT
CALCULATED THE TIME LINE --
FOR THE NUMBERS THAT YOU HAVE A
RIGHT IN GENERAL NO NO WANTING
TO TO THINK ABOUT IS THAT WE
DON'T KNOW.
HOW THE THREAT OF A BIG OF A
LAWSUIT --
LITIGATION AFFECTS THINGS
BECAUSE ONE THING TO KEEP IN
MIND THOUGH IS THAT ONCE A
PROJECT IS.
APPROVED --
AND IN WHAT'S CALLED A NOTICE OF
THE TERMINATION IS BEEN FILE
THERE'S ONLY A THIRTY FIVE DAY
STATUTES OF LIMITATIONS FOR
SOMEONE TO BRING A LAWSUIT.
SO SECRET DOES HAVE A RELATIVELY
SHORT STATURE LIMITATIONS PERIOD --
THAT MAY IN SOME WAYS DISCOURAGE
PEOPLE WHO WORK SORT OF LATE
ARRIVALS --
WHO MAY HAVE SOME MISCHIEF IN
MIND FROM FILING LAWSUITS
BECAUSE IF THEY HAVEN'T FOLLOWED
THE PROJECT ALL ALL ALONG
THROUGH THE PROCESS? THIRTY DAYS
MAY NOT BE ENOUGH TIME FOR THEM
TO PREPARE FOR THIS BUT THE
STATEMENT OF SEE WHAT NOT BEING
A MAJOR BARRIER TO DEVELOPMENT.
EXCLUDES THE TIME PERIOD THAT
COULD BE ASSOCIATED WITH THE
POST ENTITLEMENT LITIGATION
BECAUSE IN THAT'S NOT REFLECTED
IN THOSE NUMBERS THOSE WOULD BE
REFLECTED THE NUMBERS YEAH.
YEAH BECAUSE WE DID ASSN ABOUT
LITIGATION AND WHETHER OR NOT
THERE HAD BEEN LITIGATION NOT
THAT THAT'S NOT MY QUESTIONS THE
TIMELINE EXTENSION BECAUSE OF
LITIGATION.
IS THAT PRESUPPOSED IN THE
STATEMENT THAT IT'S NOT A MAJOR
IMPEDIMENT RIGHT I DON'T KNOW WE
DIDN'T ASK THAT QUESTION.
I THINK THAT'S AN IMPORTANT ONE
BUT ALL IN MY THANK YOU SIR
THANK YOU VERY MUCH SENATOR HILL.
THANK YOU HAVE A CHAIR AND
MISTER CHAIR --
THE AND I APOLOGIZE FOR MISSING
A LOT OF THAT THE PRESENTATION I
WAS IN ANOTHER HEARING AND I
APPRECIATE THE THE TITLE OF OUR
JOINT HEARING TODAY YOU KNOW
JUST THE FACTS AND EVIDENCE
BASED LOOK AT SEQUENT THEN THE
MYTHOLOGY.
PART OF THIS OF THE I'M.
WHICH STRONG.
STRONG SHE WAS SUPPORTER --
IN IN LOOKING AT THE ANALYSIS IN
THE INFORMATION WHICH WAS
EXCELLENT AND BASED ON THE FACT
AND I THINK THE GENERAL JUST
MENTION THAT TO AND YOU'VE
INDICATED THERE ARE VERY FEW
LAWSUITS THAT COME ABOUT --
THROUGH SHE QUOTE.
OF AND I'D LOOK AT ALL OF THE
REVIEWS THAT SHE COULD DOES
INVITE STATICS AGRICULTURE
EVERYTHING THAT IS DISCUSSED AND
LOOKED AT BUT WHAT.
I'VE BEEN DOING THIS IN IN
GOVERNMENT FOR ABOUT THIRTY
YEARS AT THE LOCAL LEVEL.
CITY COUNTY STATE AND IN THE
AREA THAT I'VE WITNESSED I'VE
SEEN VERY FEW ACTUAL LAWSUIT.
GOING FORWARD --
BUT WHAT I HAVE WITNESSED THAT I
THINK IT SHOULD FOR THE FACTS.
IN THE FAX TO ME ARE THAT.
YOU FIND IN A DEVELOPMENT
PROJECT.
THAT IS IT COMES BEFORE THE
LOCAL JURISDICTION.
IT WILL HAVE.
A SEQUEL REVIEW OF SOME KIND OF
VISION NEGATIVE DECK OR OR ANY
AYE ARE IN GENERALLY ARE.
IN ALL OF A SUDDEN YOU'LL HAVE
THIS THESE CONVERSATIONS THAT
WILL GO ON AND I SUPPORT PROJECT
LABOR AGREEMENTS WITH LABOR BUT
THAT SEEMS TO BE A MAJOR.
TOOL WHICH USED TO GAIN.
SOME CONCESSIONS FROM THE
DEVELOPER.
IN LIEU OF THE TWO YEARS HOLDING
COSTS FOR LAND EVERYTHING ELSE
IT WOULD GO THROUGH THE COST IN
THE TIME THAT WOULD GO. FOR THAT --
IS AVOID IN AND THEY SETTLED IN
SOME FORM SAME WITH SOME OF THE
IT ANTI COMPETITIVE ISSUES WHERE
YOU HAVE A BUSINESS YEAR IN A
BUSINESS THERE.
WILL THREATEN TO DO SOMETHING
AND YOU'LL HAVE A CONSIDERATION
THERE OR ENVIRONMENTAL COMMUNITY
I LOVE.
LOVE THE ENVIRONMENTAL GROUPS
SOME CASES BECAUSE THEY DIDN'T
QUITE GET WHAT THEY WANTED OUT
OF THAT HE AYE ARE.
THAT THEY WILL THREATEN A
LAWSUIT.
AND TWENTY MILLION DOLLARS LATER
OR WHATEVER IT IS THEY WOULD BE
A SETTLEMENT AND EVERYONE WALKS
AWAY. TO SEE COULD DOES WORK
THERE ONLY VERY THERE ARE VERY
FEW LAWSUITS THAT COME ABOUT AND
VERY CHALLENGES.
BUT IT'S THAT SIDE OF FACT.
IT SEEMS TO BE THE THE THE THE
REALITY FOR MANY BUSINESSES I
DON'T THINK IT'S A MYTH --
AND AND I DON'T KNOW HOW TO GET
AROUND THAT AND WHAT CAN BE DONE
TO IT I JUST THOUGHT PERHAPS
BECAUSE OF YOUR BROAD
EXPERIENCES YOU MAY HAVE A WAIT.
TO TO IT TO GET THIS PROCESS TO
MOVE IN A MORE EFFICIENT WAY
EVEN THOUGH IT DOESN'T AND ISN'T
INVOLVED IN THE PERHAPS THE THE
LEGAL SIDE OF IT [inaudible]
AT FIRST.
YOU WANT TO HANDLE THAT ONE OF
THE THINGS THAT COMES UP I GUESS
AND I'M NOT AN ATTORNEY BUT THE
WHOLE IDEA OF STANDING WHO HAS
STANDING. TO BRING A SEQUEL
LAWSUIT CAN CAN MAKE A
DIFFERENCE IF YOU LOOK AT NEED
FOR THE NATIONAL ENVIRONMENTAL
POLICY ACT VERSUS SEQUEL --
AND HOW LITIGATION GOES ON SEE
WHAT.
THAT'S ONE OF THE FIRST DEFENSES
OF THE FEDERAL AGENCY WILL RAISE
IS THAT.
THE POTENTIAL LITIGANT DOESN'T
HAVE STANDING.
AND SO THERE AREN'T AS MANY NEED
THE CASES AND CERTAINLY NOT AS
MANY SUCCESSFUL NEED THE CASES
AS THERE ARE SECRET CASE
EQUALIZATION AGAINST AGENCIES --
SO.
HAS VERY BROAD STANDING A FEW AT
A TAKE --
YOU NEED.
YOUR PART OF THE PROCESS.
YOU'RE TAKING ACTIONS ON THE
BASIS OF ATTEMPTING TO PROTECT
THE ENVIRONMENT AND ESSENTIALLY
YOU HAVE STANDING.
SO THAT MIGHT BE. ONE OF THE
REASONS THAT WE THAT WE HAVE
THIS IT'S VERY DIFFICULT HOWEVER
TO DO BOTH TO PROTECT THE
ENVIRONMENT AT THE SAME TIME
LIMIT STANDING IF WE WANT
CALIFORNIA'S VINYL QUALITY BACK.
TO BE AS EFFECTIVE AS IT HAS
BEEN IN THE PAST.
CALIFORNIA'S LAWS ON STANDING
ORDER IN ALL AREAS NOT JUST SEE
BECAUSE I'M MUCH BROADER THAN
THE FEDERAL GOVERNMENT THE
FEDERAL LITIGATION.
AND THAT INCLUDES ANY KIND OF
LITIGATION ISSUE THE TO SEQUOIA.
THE ONE THING THAT IS IMPORTANT --
AND THE COURTS VERY STRICTLY --
REQUIRE YOU TO EXHAUST YOUR
MYSTERY REMEDIES UNDER SYKORA.
SO YOU HAVE TO GO BEFORE THE
GOVERNMENT AGENCY IN THE VERY
BEGINNING YOU HAVE TO RAISE YOUR
POINTS WELL YOU CAN'T RAISE THEM
ON APPEAL.
YOU CAN'T REASON AT THE TRIAL
COURT AND FOR THAT MATTER --
AND SO -- IT
WE DO THAT LEAVES THROUGHOUT THE
CASES ON REGULARLY ON ON FAILING
TO EXHAUST --
AND THAT THAT THAT CAN BE AND
YOU HAVE TO EXHAUST BY RAISING
AN ISSUE.
YOU CAN'T JUST SAY I'M GONNA
MAKE MENTION ONE ISSUE NOW WHEN
I GET.
ON APPEAL I CAN RAISE NINE MORE
YOU AT YOUR LIMITED TO THE
ACTUAL ISSUES YOU RAISED BEFORE
THE AGENCY BECAUSE I DON'T KNOW
IF EVERYBODY UNDERSTANDS BUT
WHEN THE COURT THE BOTH THE
TRIAL COURT AND THE APPELLATE
COURT.
WE REVIEW THE AGENCY'S DECISION
AND FOR EXAMPLE WHEN THE COURT
OF APPEAL REVIEWS A CASE WE SKIP
OVER THE TRIAL COURT AND WE GO
DIRECTLY TO THE AGENCY AND SAY.
DID THE AGENCY DO IT RIGHT I
MEAN IT'S ALWAYS USEFUL TO HAVE
A TRIAL COURT'S RULING TO HELP
US BECAUSE WE KNOW WHAT THEY DID
BUT SO.
YOU HAVE TO RESOLVE HAPPENS IN
COURT.
SENATOR Y. KOWSKI.
JUST FOR CLARIFICATION BECAUSE
THERE ARE SOME NON LAWYERS HERE
WE'RE TALKING ABOUT STANDING TO
RING THE LAWSUIT NOT THE WHOLE
LARGER ENVIRONMENTAL REFER THE
VIEW PROCESS I THINK THERE AT
THAT.
A MISC AND DISCONNECT BETWEEN
THE SEEK WHAT PROCESS WHICH IS
THE GOLDEN WORDS AND THE CLEAN
AIR ACT THE CLEAN WATER ACT THE
ENDANGERED SPECIES ACT AND THE
UNDERLYING LAW THAT PEOPLE USE
WHEN WE HAVE THIS. ONE TENT
EXPOSURE TO WHAT THE PROJECT IS
I MEAN THEY THEY HAVE STANDING
IN FROM THE CITY COUNCIL FROM
THE COUNTY FOR THE
ADMINISTRATIVE IS JUST IF THEY
WANT TO FILE A SUIT.
THAT'S A VERY NARROW.
TIME IN THE DEBATE TO GET.
ANY IS HAS A IT HAS A LEGAL.
LEGAL DEFINITION RIGHT AND IT'S
BUT CALIFORNIA STANDING IS
BROUGHT IF YOU WANT TO BRING A
CHALLENGE TO A WATER BOARD
DECISION OR YOUR BOARD DECISION
STANDING IS WATER IN CALIFORNIA
THAT WOULD BE UNDER FEDERAL LAW.
I GUESS.
MR VILLA SPATA --
WE WERE TALKING ABOUT.
WHAT WE DO LEGISLATURE'S WE HAVE
A HODGE PODGE OF LEGISLATION YOU
MENTIONED CAUGHT MY ATTENTION DO
WE DON'T HAVE HARMONIZATION?
OF THE LEGISLATION BECAUSE I
THINK THAT.
THIS OUTCRY OR SOMEBODY GETS
ELECTED TO THE CENTER OF THE
ASSEMBLY AND THEY WANT TO REFORM
SAKE.
AND THEY DON'T KNOW WHAT IT DOES
BUT THEY JUST WANT TO REFORM
BECAUSE THAT'S WHAT WE NEED TO
GET DONE AND CAN YOU TALK ABOUT
SOME EXAMPLES MAYBE YOUR HONOR.
THAT SO IT HELPS US BECAUSE
WE'RE IN THE PROCESS OF OF
DEALING WITH THIS THE ILLUSION
OF BILLS ARE GONNA BE INTRODUCE.
HAD TO DO AND GIVE US SOME IDEAS
OF WHERE YOU'RE TALKING ABOUT
THIS LACK OF HARMONY --
FROM THE LEGISLATURE.
TELL TALK ABOUT IN TERMS OF
TEARING TEARING IS THIS AT THE
IDEA THAT ONCE YOU'VE DONE AN
ENVIRONMENTAL ANALYSIS FOR A
PROJECT THEN LATER ACTIVITIES
UNDER THAT SAME PROJECT CAN USE
THAT ENVIRONMENTAL ANALYSIS AS
THEIR SEEK ONE ELSE.
UNLESS THERE'S SOMETHING NEW
RELATED TO THAT LATER ACTIVITY --
ORDERS --
SUBSTANTIALLY MORE SEVERE IMPACT
RELATING TO THAT NEW ACTIVITY SO
RATHER THAN REINVENTING THE
WHEEL DO YOU USE THE SAME
ENVIRONMENTAL DOCKED AND JUST
FOCUS IN ON ON WHAT'S NEW.
THE LATEST SET OF SECRET
STREAMLINING HIS LOOK AT THAT IN
TOTALLY DIFFERENT WAYS.
IN SOME CASES --
YOU LOOK AT NOT WHAT'S NEW BUT
WHAT IS QUOTE UNQUOTE PECULIAR
TO THE PROJECT.
SO RATHER THAN JUST LOOKING AT
NEW AND MORE SEVERE IMPACTS OF
WILL IS THE IMPACT PECULIAR TO
THE PROJECT --
AND ARE THERE ENVIRONMENTAL
STANDARDS THAT WOULD HELP AVOID
THAT IMPACT --
THERE BY BRINGING IT DOWN TO A
LEVEL I GUESS OF LESS THAN
PECULIAR WHATEVER THAT WOULD BE --
SO THERE'S DIFFERENCES IN NORMAN
FRANCES IN WHERE THEY APPLY.
OTHERS ALSO DIFFERENCES IN THE
TYPES OF STANDARDS THAT MAY BE
APPLICABLE TO A PROJECT AS I
MENTIONED THAT SB.
TWO TWENTY SIX LEGISLATION HAS A
NUMBER OF STATE STANDARDS IN
YOUR PROJECT WOULD HAVE TO MEET
I WE'RE AS NO OTHER FORM OF
TEARING HAS ANY ANY STATE
STANDARDS AT ALL.
SO IT VARIES A LOT AND IF IT
WERE IF WE HAD SOMETHING THAT
WOULD APPLY --
IN A MORE GENERALIZED MANNERS
SOMETHING THAT'S RELATIVELY
SIMPLE.
MAYBE SOMETHING BUILDING ON WHAT
WE ALREADY HAVE.
MY GUESS IS THAT THAT WOULD COME
INTO GREATER USE AN EXAMPLE OF
THAT IS THE CHANGE MADE BY SB
SEVEN FORTY THREE TO THE USE OF
SPECIFIC PLANNING AYE OURS.
UNDER UP PRIOR LAW AND EXISTING
LAW I ONCE YOU'VE DONE ANY AYE
ARE FOR SPECIFIC PLAN AND
RESIDENTIAL PROJECTS BETTER
CONSIST OF THE SPECIFIC PLAN
DON'T NEED ADDITIONALLY I ARE
UNLESS THERE'S A NEW IMPACT A
MORE SEVERE IMPACT.
SB SEVEN FORTY THREE EXPANDED
THAT.
ALL TO ALSO INCLUDE --
CERTAIN SORTS OF MIXED USE
PROJECTS AND WHAT WOULD YOU CALL
OF JOB PRODUCING PROJECTS --
AS WELL AS RESIDENTIAL PROJECTS
AS LONG AS THEY WERE LOCATED
WITHIN A TRANSIT PRIORITY AREAS
SO WITHIN THAT PARTICULAR PART
OF THE STATE IT EXPANDED THAT.
THE BEAUTY OF IT IS IS THAT
THERE IS CASE LAW ON HOW
SPECIFIC PLAN HE I ARE TO USE
THERE'S A LOT OF EXPERIENCE AT
THE LOCAL LEVEL ONE HOUSE
SPECIFIC PLAN HE I ARE AS YOU
USE.
AND SO BY SIMPLY ADDING THIS
WHICH IS EASILY DEFINED.
YOU'VE NOW EXPANDED THE USE OF
IT TO ALSO COVER A MIXED USE
DEVELOPMENT AS AN INFILL PROJECT --
YOU KNOW JOB PRODUCERS AS AN
INFILL PROJECT.
RELATIVELY SIMPLY.
WE HAVEN'T SEEN THAT USE I I
HAVEN'T PERSONALLY SEEN THAT USE
BUT I I'M EXPECTING THAT TO BE
USED.
PRETTY SIMPLE THE COURTS OF
APPEAL TEND TO PUBLISH OPINIONS
ON SEAQUEST.
THE WITH GREATER FREQUENCY THAN
PERHAPS OTHER SUBJECTS FOR THE
SOLE REASON IT IS IMPORTANT THAT
EVERYBODY UNDERSTANDS THE LAW
AND THE COURTS GIVE GUIDANCE.
RIGHT AWAY ON ANY NEW PROVISIONS
SO -- LEASE
MY EXPERIENCE HAS BEEN --
THAT WE PUBLISH A LOT MORE
BECAUSE ALMOST EVERYONE WE DO IS
A NEW ISSUE IT'S SOMETHING THAT
ASSN THIS.
HASN'T BEEN BROUGHT UP BEFORE
ONE OF THINGS I FAILED TO
MENTION AND I WAS WHEN WE TALKED
ABOUT STREAMLINING IS THAT.
SENATE JACKSON DID HAVE A A BILL
THAT REQUIRED THE REQUIRES THE
PREPARATION OF THE RECORD
SIMULTANEOUS WITH THE WITH THE
PROJECT BEING.
RUN THROUGH THE SYSTEM THAT
DOESN'T APPLY TO EVERYBODY AND
AND IT COULD BE EXPANDED TO TWO
OTHER PRO PROJECTS BEYOND THE
ONES AT THE PLACE TO NOW.
AND I AND I SHOULD HAVE SAID
THAT THE PREPARATION OF THE
RECORD IS ONE OF THE BIG
BOTTLENECKS IN.
IN THE TIMING OF SEQUEL
LITIGATION --
AND UNDER THE LAW THE AGENCY OR
THE PETITIONER CAN PREPARE THE
RECORD - I
THINK YOU COULD --
YOU COULD CHANGE THOSE
PROVISIONS TO MAKE RECORDS GET
DONE MORE QUICKLY --
IT WHEN PETITIONERS DO THE
RECORD FREQUENTLY --
YOU WE GET PUBLIC RECORDS ACT
REQUEST AT THE TRIAL COURTS IN
ORDER TO HELP THE PETITIONER
DEVELOP THE RECORD.
AND IT IT SEEMS TO ME THAT IS A
JUDGE THAT WHY SHOULD WE BE
DEALING WITH.
SEQUEL LAWSUITS AND ALSO PUBLIC
RECORDS ACT REQUEST I MEAN I
THINK THERE ARE EASIER WAYS OF
DOING IT.
SO THOSE THERE ARE SOME THINGS
THAT CAN BE DONE I THINK I AM.
THIS SENATE JACKSON DIDN'T WANT
US TO SAY HOW TO FIX THINGS BUT
AND A COUPLE THINGS THAT FROM A
JUDICIAL STANDPOINT.
THAT COULD BE FIXED AND AND THE
ONE THAT HAS THE SIMULTANEOUS
RECORD DEVELOPMENT IS REALLY
IMPORTANT BECAUSE NOW.
SB NINE HUNDRED APPLIES WHEN THE
RECORDS AVAILABLE.
AND SOMETIMES THERE ARE ACTUAL
LAWSUITS OVER AND SO --
UNFORTUNATELY YOU GET SOME
ANCILLARY ISSUES THAT DON'T
ACTUALLY DEAL WITH WHETHER
SEQUEL IS BEING VIOLATED OR NOT.
WELL JUST A STROKE I'M NOT GONNA
COR WITH YOUR CORRECTING THE
MISTAKES OR PERHAPS THE
LIMITATIONS OF MY LEGISLATION.
FOR DO YOU BUT YOU'RE RIGHT IT
BILL BUT I MEAN AND I THINK THAT
THE TIME THERE WAS A FEELING
THAT SOME AGENCIES DIDN'T HAVE
THE CAPABILITY RIGHT --
YOU KNOW THE TO ELECTRONICALLY
DO ALL THIS BUT I THINK THAT THE
GOVERNMENT AGENCIES ARE GETTING
MORE AND MORE SOPHISTICATED AS
TIME GOES BY I MEAN.
WE EVEN AT OUR COURTLY FILE
ELECTRONICALLY NOW.
IF IT IS DOES ACTUALLY REDUCE
THE TIME FRAME IF IT'S
CONTEMPORANEOUSLY PREPARED UP TO
A YEAR OR SO IT REDUCES SAVE A
LOT OF TIME YEAH.
WHICH WAS HAVE LAST QUESTION I
GUESS THE THE OTHER SIDE OF IT
BECAUSE OF EVERYBODY WANTS TO
FOCUS ON STREAMLINING.
SEQUEL BUT WE HAVE THE BASE THE
THE UNDERLYING A LOT THE
CALIFORNIA RESOURCESACT A. B. --
THE AIR CLEAN AIR ACT HAS THERE
BEEN ANYTHING THAT'S COME TO
YOUR ATTENTION THAT SAYS THERE'S
SOME CONFUSION.
AT THE APPLICATION OF THE
UNDERLYING LAW WHEN YOU HAVE
THIS PUBLIC HEARING PROCESS THAT
WE MAY NOT.
WE HAVE THIS.
THANKS THAT IS.
SENATOR THAT THEY'RE THEY'RE
FREQUENTLY ARM ARE MULTIPLE
LAWSUITS FILED ON A SINGLE
PROJECT. ONE GROUP MAY FILE
SEQUEL LOSSES ON A ALSO FOLLOW
SOMEONE ELSE LAWSUIT.
AND WHAT THEY'RE WE ALWAYS
CONSOLIDATE THEM AT THE COURTS
OF APPEAL AND ACTUALLY AT THE
TRIAL COURT'S THE CHIEF JUSTICE.
OF CAN PUT THEM ALL TOGETHER AND
PUT A BEFORE ONE JUDGE AND
THAT'S A STANDARD PROCEDURE.
BUT IT DOES HAPPEN.
JUST LIKE THAT EIGHTY ONE FIFTY
CASE DOWN IN LOS ANGELES WHERE
THE SECRET CASES ALL OVER AND
THE OTHER ONE STILL THERE.
BUT AT LEAST YOU HAVE ONE JUDGE.
HANDLING IT AS OR ONE COURT OF
APPEAL HANDLING IT --
AND THAT THAT'S A TOOL THAT THE
BRANCH USES JUST TO KEEP US.
SANE ABOUT HOW TO HANDLE THESE
THINGS.
I JUST HAVE ONE QUESTION --
CENTER CUBBY ERA PLEASE.
THANK YOU VERY MUCH CAN I
APPRECIATE THE SAID THE
TESTIMONY IN THE INFORMATION
YOU'VE GIVEN AND I I AM.
I WANNA ALSO SAY THAT I'M A VERY
STRONG SECRET SUPPORTER I'VE I
HAVE FOR YEARS --
BUT I'VE ALSO SPENT THIRTY YEARS --
MEANT AND FIFTEEN YEARS AT A
LOOK AT LOCAL GOVERNMENT LOOKING
AT GENERAL PLANS AND AND LOOKING
AT PROJECTS SO.
I UNDERSTAND THAT THAT.
THINGS MAY HAVE SHIFTED.
OVER THOSE THIRTY YEARS --
BUT THE VIGNETTES ARE STILL
THERE WITH ME AS I DO MY WORK
BECAUSE I WANT IT AND AND I'M
AND I'M GOING TO SAY THAT --
MISTER AT RIVETS PLOT THAT.
YOUR FIRST FINDING ON I AM IN
YOUR SECRET DOCUMENT IS THAT THE
THAT THE THAT YOU'RE LED TO
BELIEVE THAT THERE IS NOT A
DISCERNIBLE PATTERN.
IN TERMS OF SYKORA THE WAY SICK
WHAT IS --
THE ANECDOTES ABOUT SEQUOIA
CAUSING PROJECT WITHDRAWALS ARE
POTENTIALLY ACCURATE FOR
SINGULAR HIGH PART HIGH PROFILE
PROJECT DO NOT REPRESENT AN
OVERALL DISCERNIBLE PENNER.
AND I'M I'M WONDERING --
WITH THAT KIND OF A STATEMENT --
ONE OF THE THINGS I LEARNED IN
STATISTICS IS THAT IT DEPENDS ON
WHAT YOU STUDY AND IN ORDER TO
MAKE IT MAKE YOUR STATEMENTS --
IN THIS.
THE CITY OF SALINAS IS TWENTY
MILES FROM MONTEREY PENINSULA SO
WERE CONSIDERED A COASTAL
COMMUNITY DESPITE THAT THE FACT
THAT OUR ECONOMICS.
ARE RURAL AGRICULTURAL COMMUNITY.
AND I I IN IN THE YEAR.
WE APPROVED CLOSE TO TWO
THOUSAND FOUR DOUBLE HOUSING
UNITS AND THEY WERE.
HIGHLY CONTROVERSIAL --
AND THEY WERE THE NASTIEST
MEETINGS THAT WE EVER HELD WAS
AROUND.
THE FEAR THAT PEOPLE HAVE THAT
THEIR OWN VALUES ARE GOING TO BE --
AFFECTED BY THEY WERE LOW INCOME
AND POOR FARM WORKER HOUSING
PROJECTS.
AND BOND THAT THE SEQUEL A
THREATS.
SOME OF WHICH RESULTED IN
LITIGATION AND SOME WHICH JUST
RESULTED IN THREATS THAT --
FORCED.
DEVELOPERS TO DECIDE WHERE
THEY'RE GOING TO GO FORWARD OR
NOT -- WERE
REAL IN MY COMMUNITY AND SO THAT
THEY THINK THAT THE CHALLENGE
FOR ME AND BELIEVING THAT
THERE'S IT HAS SUCH A LOW IMPACT
IS IT WHEN I LOOK AT THE CITIES
THAT HAVE BEEN STUDIED IN SOME
OF THE OTHER REPORTS.
THEY'RE THE BIG CITIES THEY'RE
NOT RURAL AGRICULTURAL
COMMUNITIES NUMBER ONE NUMBER
TWO OUR PROXIMITY. TO A VERY
HIGH COST.
VERY ALIKE WHERE THERE'S A LACK
OF DIVERSITY AND WHERE THE
AFFORDABLE HOUSING GETS DUMPED
ON POOR --
LATINO MAJORITY COMMUNITIES THAT
SETS UP.
A SITUATION WHERE.
PEOPLE CAN COME AND TRY TO TELL
US WHAT TO DO IN OUR OWN
COMMUNITY AND USED THE
ENVIRONMENTAL IMPACT --
OF OF OF WHAT WE'RE TRYING TO DO
WHICH IS TO HOUSE THE WORK FORCE.
AGAINST US AND SO LIKE I SAID I
WE WE MITIGATED ALL THE SECRET
ISSUES BUT OVER AND OVER AND
OVER AGAIN HAD TO FACE AND AND
MORE RECENTLY.
THERE WAS A PROJECT THAT WAS
DEVELOPED ON A FORMALLY
INDUSTRIAL --
UNTOUCHED REAL SIDE WAS THE
SPRECKELS --
SUGAR FACTORY AND THE PROJECT BY --
AN AG COMPANY AND THEY TOOK NOTE
THE USE NO.
PUBLIC FUNDS ALL THEIR OWN MONEY
AND THEY WERE SUED UNDER SYKORA.
YEAH IN MONTEREY COUNTY SUPERIOR
COURT AND ULTIMATELY THEY BUILT
THE PROJECT BECAUSE THEY THEY
DIDN'T HAVE TO TO WAIT.
AND THIS THE SUIT WAS --
WEST WEST WAS SETTLED FINALLY
FOR PENNIES ON THE DOLLAR
BECAUSE THEY HAD MOVED FORWARD
AND THEY BUILT IT AND IT HAD A
NEW FRANKLY HAD NO IMPACT IF YOU
CAN'T EVEN SEE IT FROM ANY ROADS
BECAUSE OF WHERE IT'S LOCATED SO.
MY CONCERN IS THAT IN MY REGION
IN IN IN THAT IN THAT SALINAS
VALLEY --
SEQUOIA HAS BEEN USED REPEATEDLY
AS A WAY FOR OTHER COMMUNITIES
TO COME IN AND TO SO SO ONE IS.
IT HAS HAD AN IMPACT IN MINUTES
COUGH IT'S COST US A LOT IN
TERMS OF FORD WILL HOUSING
PROJECTS IN TO THE FACT THAT THE
THE PEOPLE WHO CAN SUE THAT HAVE
STANDING.
IS SO BROAD THAT THEY DON'T EVEN
HAVE TO BE FROM OUR COMMUNITY.
IN ORDER TO BE ABLE TO AND I'M
I'M WONDERING --
ESTES ROBBIE IF IF IF IF THAT'S
ONE OF THE ISSUES THAT YOU'VE
SEEN IN TERMS OF EITHER
COMPETITORS OR PEOPLE FROM OTHER
COMMUNITIES OR OR WHO JUST HAVE
A POLICY WHO HAVE A THE ATTITUDE
THAT THEY'D CALIFORNIA SHOULDN'T
REALLY GROW ANYMORE.
WELL I YOU KNOW CENTER I DIE
THERE ARE LIMITS TO STANDING I
DON'T THINK YOU CAN YOU HAVE TO
BE A A YOU HAVE TO SHOW THAT YOU
HAVE AN INTEREST ADVERSELY
AFFECTED BY IT.
ANOTHER WHICH NEIGHBORHOOD
GROUPS FOR EXAMPLE I DON'T THINK --
I I THINK THAT WE WOULD REJECT
STANDING ON SOMEBODY FROM
ANOTHER TOWN ALTHOUGH I MIGHT
ADD THAT UNDER THE LAW NOW A
TOWN CHANCE TO A NEIGHBORING
TOWN SO --
WE DO SOMETIMES GET LITIGATION
BETWEEN COMPETING COMMUNITIES
BUT I WOULD THINK THAT THE THE
MOST RULINGS ON STANDING WOOD.
WELL IT'S BEEN MORE BROAD THAN
THE FEDERAL --
IT'S NOT THAT BROAD I MEAN I YOU
WOULD HAVE TO HAVE A LOCAL
PERSON WHO LIVE NEARBY.
OR REGULARLY USE THE ROADS OR
ARE SOMEHOW CONNECTED THEMSELVES
TO THE PROJECT SO THEY CAN
ASSERT AN ENVIRONMENTAL IMPACT
ADVERSE TO THEMSELVES.
YOU HAVE TO MAKE THAT CLEAR IF
YOU AND I THINK THE STANDING
QUESTIONS ONE THAT WE'VE GOT TO
CLARIFY.
I ONE QUESTION JUST BY WAY OF
CLARIFICATION THEN WE'RE GONNA
MOVE ON TO OUR NEXT PANEL.
YOU WOULD EARLIER TALKED I THINK --
MYSTERY THE SPLATTER ABOUT --
OTHER THERE ARE OTHER REASONS
THAT PEOPLE WALK AWAY FROM OR
DEVELOPERS WALK AWAY FROM
PROJECTS AND THAT TOO BECAUSE A
SMALL.
FRAGMENT OF THAT --
I BELIEVE YOU MENTIONED A
DEVELOPER RELATED REASONS AND
NON SEQUEL OPPOSITION I THINK
YOU HAD TALKED ABOUT FUNDING
ISSUES -- I
THINK YOU ALSO MENTION HIGH
DEVELOPER FEES.
AND THE LACK OF AVAILABLE SITES
WOULD YOU ARE JUST CLARIFY --
ARTICULATE FOR US THESE PROBLEMS
AS GREATER PROBLEMS IN THE
CURRENT DEVELOPMENT --
WORLD THEN THE SORT OF THE
STANDARD SEQUEL WHIPPING BOY.
APPROACH OR WOULD YOU SAY THAT
THEY'RE THEY'RE ALL OF EQUAL
CONCERN.
YEAH IT REALLY VARIES BY
JURISDICTION AND I DON'T HAVE
THE BREADTH OF EXPERIENCE OF
ELEMENT DOING THIS FORTY YEARS
OR SO -- SO
I DON'T REALLY HAVE THE BREADTH
OF EXPERIENCE TO KNOW BUT IT IT
VARIES A LOT BY JURISDICTION AND
AND PART OF IT IS --
AS YOU AS YOU MENTIONED CENTER
COMING OUT OF THAT --
YOU KNOW THEY MAY BE THE
IMPRESSION OR THERE MAY BE A
PAST HISTORY IN THAT COMMUNITY
OF LAWSUITS WHICH TEND TO DISK.
PEOPLE --
BUT THERE MAY ALSO BE HIGH
IMPACT FEES --
HIGHLAND COSTS TO BEGIN WITH --
COST OF CONNECTING IN A YOUR
PARTICULAR PROJECT WHATEVER
UTILITIES ARE ECESSARY YOUR
PROJECT MAYBE SOME DISTANCE FROM
EXISTING UTILITIES AT A HIGH
EOUGH DENSITY THAT REQUIRES
SEWER LINES OR SOMETHING LIKE
THAT. TO THE FULL VARIETY OF
OTHER COSTS THE ONE WHO WANTED
TO BUILD ON A GREEN FIELD SITE
THAT'S CURRENTLY NOT WITHIN THE
CITY AND NOW YOU HAVE TO ANNEX
IT TO THE CITY.
YOU KNOW THERE'S A WHOLE VARIETY
OF THINGS THAT POP UP --
AS WELL AS SEEK WITH A CAN.
NOT NECESSARILY SAND AWAY BUT
THE PART OF THE PROCESS OF GOING
TO AS WELL AS THE NUMBER OF
PERMITS THAT YOU NEED FROM THE
YOU KNOW THE NUMBER OF AGENCIES
AND HOW LONG IT TAKES TO GET
PERMITS AND ALL THAT SORT OF
THING.
IN THOSE VERY BY VARIOUS
COMMUNITY HISTORY BY CREATE
THEIR OWN JURISDICTION.
THANK YOU THANK YOU BOTH VERY
VERY MUCH APPRECIATE YOUR
TESTIMONY BEING WITH US
HOPEFULLY IT'S GIVEN US MORE.
FOOD FOR THOUGHT AND ALWAYS
APPRECIATE YOUR WISDOM AND
EXPERTISE IN THOSE AREAS
[inaudible]
SENATOR ALLEN.
YEAH SO THE NEXT PANEL ACTUALLY
WILL TOUCH UPON SOME OF THE
ISSUES THAT WERE WITH THE REST
ABOUT THE WE'RE GONNA BE LOOKING
AT SEA WAS WRONG DEVELOPMENT.
AND WE'VE GOT THREE FANTASTIC.
MEMBERS OF THE FACULTY AT UC
BERKELEY SCHOOL OF LAW WHICH IS
MY ALMA MATER.
ASSEMBLY YEAH THEY MUST BE VERY.
PARTICULARLY WELL QUALIFIED --
I WANT TO START OF COURSE THERE
BY.
I'VE EVER VESTED BY RIGHT HAD A
BIG GUY WAS A BIG.
FAN OF HIS BECAUSE HE WROTE A
BLOG POST THAT --
SUPPORTED.
OUR RATHER CREATIVE --
PUBLIC LANDS BILL THAT WE PASSED.
A YEAR TO GO.
ON ANY TALK ABOUT HOW IT AND
COULD FIND ITS WAY.
TOWARD SUCCESS AND AND IN OUR
STEAM FEDERAL JUDICIARY.
UNFORTUNATELY.
WE WE YOU KNOW WE WE TOOK A WE
TOOK A RISK AND AND AND AND THAT
THE COURTS WERE NOT QUITE AS
SAYING WHAT ABOUT OUR BILL.
BUT Là PEEL SENATOR STILL A
CHANCE FOR AN APPEAL THAT'S
CORRECT SO SO HOPE SPRINGS
ETERNAL SO APPRECIATE YOU BEING
HERE.
DO ALSO APPRECIATE.
I ARGUED THAT VIBER IS PROFESSOR
OF LAW AT A DID YOU SEE BERKELEY
WE ALSO GOT MORE O'NEILL.
WHO IS A SENIOR RESEARCH FELLOW
FROM THE CENTER FOR LAW ENERGY
IN THE ENVIRONMENT?
ADD TO ADD AT THE LAW SCHOOL AND
THEN ALSO I JULIA GLUSHKO NELSON.
WHO'S AN ASSOCIATE FROM THE
CENTER FOR LINER TO INVITE YOU
BEING HERE AND I AGREE SIR THE
PROFESSOR BY HER.
RIGHT AND ACTUALLY THINK MORE --
OKAY YOU'LL TAKE THE LEAD AND
THEN --
TULIP WALKING ALSO PRESENT ACTON
WHERE I AND THEN BACK TO ME OKAY
GREAT WELL WE'LL START WITH YOU
AB [inaudible]
YEAH.
THANK YOU OFFER THE OPPORTUNITY
TO SHARE RESEARCH WITH YOU MY
NAME IS MORE O'NEILL AND AS YOU
NOTED MY TITLE I MET BERKELEY
LAW CENTER FOR LAW AND RG
ENVIRONMENT AT AND AT THE
INSTITUTE. FOR URBAN AND
REGIONAL DEVELOPMENT.
AND ONE OF THE THINGS I'M GONNA
DO IS DISCUSS FIRST THE AIM OF
OUR STUDY SO RECOGNIZING THE
PERSISTENCE AND THE SIGNIFICANCE
OF THE STATE'S HOUSING CRISIS.
COMBINED WITH THE CHALLENGES
THAT WE FACE RELATED TO CLIMATE
CHANGE THE GOAL OF OUR WORK HAS
BEEN TO STUDY WHETHER STATE OR
LOCAL LAW MY CONSTRAINED DENTS
IN FILL RESIDENTIAL DEVELOPMENT.
AND IF SO WHICH LAWS AND
REGULATIONS MIGHT BE AT ISSUE.
SO WE ENTERED INTO THIS WORK
RECOGNIZING THAT OTHERS HAD
FOUND INDIRECT EVIDENCE THAT
LAND USE LAW GENERALLY.
MIGHT BE IN CONTRIBUTING TO OUR
HOUSING CRISIS THROUGH THE
IMPOSITION OF DELAYS INTELLECT
DEVELOPMENT BUT WE ALSO SAW THAT
THERE WAS VERY LITTLE EMPIRICAL
RESEARCH.
THAT COULD IDENTIFY WHICH LAWS
SPECIFICALLY WERE IT ISSUE SO
JULIA WILL BEGIN WITH DISCUSSING
OUR METHODS I WILL THEN TURN TO
SOME KEY FINDINGS AND AIRPORT
DISCUSS IMPLICATIONS.
GREAT I'M SO I WANT TO START BY
EXPLAINING HOW WE GATHERED OUR
DATA AND OUR RESEARCH METHODS
BECAUSE WE BELIEVE THAT.
THESE METHODS REALLY ILLUSTRATE
THE FULL COMPLEXITY OF THIS
ISSUE AT THE LOCAL LEVEL.
SO FIRST I'M GOING TO DESCRIBE
OUR OVERALL RESEARCH CLUED BY
SHARING SOME OF THE EXISTING
DATA LIMITATIONS.
SO AS A STARTING POINT THIS WORK
INVOLVED COLLECTING DIFFERENT
KINDS OF DATA AND FOUR FOUR
PHASES.
OUR FIRST PHASE INVOLVES
SELECTING OUR CITIES FOR STUDY
AND THEN SUMMARIZING ALL OF THE
LAW APPLICABLE TO RESIDENTIAL
DEVELOPMENT.
AND THAT'S BOTH LOCAL AND STATE
LAW.
THIS INCLUDED LAWS APPLICABLE TO
LAND USE ZONING AND LAND
DEVELOPMENT MORE GENERALLY.
UNDERSTANDING THE LOCAL LAND USE
PROCESS AND HOW AND WHEN SEEK
WELL PLIES IS AN ESSENTIAL FIRST
STEP. TO BEGIN LOCAL GOVERNMENTS
CAN APPROVE RESIDENTIAL
DEVELOPMENT AND ONE OF TWO WAYS
THEY CAN ALLOW SOME TYPES OF
DEVELOPMENT TO PROCEED AS OF
RIGHT.
OR APPLY A DISCRETIONARY REVIEW
PROCESS TO OTHER TYPES OF
DEVELOPMENT.
IN THE AS OF RIGHT CONTEXT IF
THE PROPOSED PROJECT MEETS ALL
THE SPECIFIC REQUIREMENTS OF THE
LOCAL ZONING CODE AND THESE ARE
REQUIREMENTS LIKE HEIGHT PARKING
AND DENSITY.
THE DEVELOPER IT DIRECTLY
APPLIES TO GET A BUILDING PERMIT.
A SIMPLE EXAMPLE OF THIS FOR
INSTANCE IS ITS OWN THAT ALLOWS
A SINGLE FAMILY HOME WITH THE
ONE STORY MAXIMUM.
AND A TWO THOUSAND SQUARE FOOT
LOT MINIMUM AS LONG AS THE HOUSE
FALLS WITHIN THIS BUILDING
ENVELOPE IT'S AS OF RIGHT AND
CAN PROCEED DIRECTLY TO A
BUILDING PERMIT.
ON THE OTHER HAND CITIES CAN
REQUIRE THAT PROPOSED
DEVELOPMENT BE SUBJECT
DISCRETIONARY REVIEW.
THEIR IMAGINATIVE OLIVER OWNS
LAND THAT IS OWNED FOR SINGLE
FAMILY HOMES BUT WANTS TO BUILD
AN APARTMENT COMPLEX.
THE DEVELOPER NEEDS TO GET THE
LOCAL GOVERNMENT TO REZONE THE
PROPERTY AND THAT REQUIRES A
FULL DEBATE --
AND DECISION MAKING PROCESS BY
THE CITY COUNCIL.
BUT THIS IS NOT ALWAYS THE CASE
A CITIES BASED ON IN THE AREA
BUT THE CODE MAY STILL REQUIRE
THE LOCAL GOVERNMENT TO MAKE
FINDINGS OF THE PROJECT --
MEETS CERTAIN PRESCRIBED
STANDARDS THIS IS OFTEN CALLED A
CONDITIONAL USE PERMIT OR C. U.
P..
FINALLY AND THIS IS THE MOST
IMPORTANT DISTINCTION FOR STUDY
EVEN WHERE PROJECTS MIGHT
OTHERWISE FIT THE BASE ZONING
SAY THE SINGLE FAMILY HOME IN
THE SINGLE FAMILIES OWN EXAMPLE.
THE LOCAL GOVERNMENT MIGHT STILL
REQUIRE DISCRETIONARY REVIEW.
THE MOST COMMON FORMS OF THIS
OUR DESIGNER ARCHITECTURAL
REVIEW WHERE THE PROJECT MUST
MEET CERTAIN AESTHETIC STANDARDS
EVEN THOUGH IT COMPLIES WITH THE
UNDERLYING ZONING CODE.
UNDERSTANDING HOW SEQUEL
OPERATES AT THE LOCAL LEVEL IS
ANOTHER ELEMENT OF THIS PHASE OF
RESEARCH AND WE JUST GOT A
REALLY EXCELLENT --
INTRODUCTION TO SEAQUEST SO I
WILL MOVE THROUGH THIS VERY
QUICKLY BUT JUST TO REITERATE A
FEW KEY POINTS --
YOU KNOW WHEN PEOPLE THINK OF
SEE WHERE THEY USUALLY
ENVISIONED LARGE DETAILED
REPORTS ABOUT ALL SORTS OF
ENVIRONMENTAL IMPACTS.
ACCOMPANIED BY PUBLIC HEARINGS
AND THIS IS WHAT WE KNOW IS AN
NINE BUYER MENTAL IMPACT REPORT
OR ANY AYE ARE.
BUT SEE WHAT PERMITS OTHER FORMS
OF COMPLIANCE INCLUDING
STREAMLINING --
WHICH ALLOWS THE DEVELOPER TO
PROPOSE A PROJECT THAT TEARS OFF
AN ENVIRONMENTAL IMPACT REPORT
THAT'S ALREADY BEEN COMPLETED.
SOMETIMES A DEVELOPER MAY ALSO --
PROPOSING AGREED TO MITIGATE YOU
KNOW POTENTIALLY SIGNIFICANT
IMPACTS THROUGH WHAT'S CALLED
MITIGATING NEGATIVE DECLARATION
OR IN MND.
AND SOME PROJECTS MAY BE EXEMPT
FROM ANY ENVIRONMENTAL REVIEW.
THESE CATEGORICALLY EXAM
PROJECTS UNDERSTANDING HOW BOTH
LOCAL LAW AND SEQUEL INTERACT
MATTERS BECAUSE OF OPPOSED
pNOT APPLY.
HOWEVER IT IS LOCAL LAW THAT
DETERMINES WHICH PROJECTS ARE AS
OF RIGHT AND WHICH ONES ARE
DISCRETIONARY AND THESE LOCAL
LAWS VERY SIGNIFICANTLY.
ARE PLANNING COULD HAVE
SUMMARIES HELP US UNDERSTAND
THESE DISTINCTIONS SO THAT WE
CAN CONSTRUCT OUR PROJECT
DATABASE.
OUR PROJECT DATABASE CONTAINS.
ALL PROPOSED RESIDENTIAL
DEVELOPMENTS OF FIVE OR MORE
UNITS THAT RECEIVED A FINAL
ENTITLEMENT --
BUILDING PERMIT IN TWENTY
FOURTEEN TWENTY FIFTEEN OR
TWENTY SIXTEEN TO CONSTRUCT THE
DATABASES WE COLLECTED ABOUT
TWENTY FIVE PROJECT
CHARACTERISTICS.
INCLUDING LOCATION --
INFORMATION ABOUT THE PRIOR USE
OF THE PARCEL THE PROPOSED
PROJECT DETAILS ENTITLEMENT SEE
CA ANDY'S OF APPROVALS. FOR A
THIRD PHASE WE CONDUCTED
RESEARCH INTERVIEWS WITH
MULTIPLE STAKEHOLDERS IN THE
DEVELOPMENT PROCESS.
CITY STAFF LIKE PLANNERS AN
ATTORNEY'S MARKET RATE AND
NONPROFIT DEVELOPERS ADVOCATES
AND CONSULTANTS TYPICALLY
OUTSIDE COUNSEL ARCHITECTS ARE
ENTITLEMENT EXPERTS.
AND THEN FR A FINAL PHASE WE
EXAMINE WHETHER THE PROJECTS WE
STUDIED WENT THROUGH LOCAL LEVEL
ADMINISTRATIVE APPEALS AND
LITIGATION AND PARTICULARLY
SEQUEL RELATED LITIGATION.
TURNING OUT BRIEFLY I'M TO SOME
IMPORTANT NOTES ABOUT DATA
ACCESS AT THE LOCAL LEVEL.
UNSURPRISINGLY OUR ABILITY TO
ACCESS DATA TO CONSTRUCT THE
DATABASE VARIED SIGNIFICANTLY
FROM JURISDICTION TO
JURISDICTION.
IN ORDER TO CREATE A PROJECT
DATABASE WE FIRST OBTAIN A LIST
OF ENTITLED DEVELOPMENTS THAT
MEET OUR CRITERIA.
AND VERY FEW CITIES HAD A LIST
OF ENTITLEMENT ABOUT ENTITLED
DEVELOPMENTS READILY AVAILABLE
ON THE PLANNING WEBSITES.
SO THAT MEANS THAT IN MOST
JURISDICTIONS WE HAD TO CALL THE
PLANNING DEPARTMENT TO REQUEST
THIS LAST OR SUBMIT A PUBLIC
RECORDS ACT REQUEST.
AND I ALSO WANT TO HIGHLIGHT
THAT DURING THESE YEARS STATE
MANDATED REPORTING THROUGH THE
HOUSING ELEMENT DID NOT REALLY
HELP US TO UNDERSTAND
ENTITLEMENT PROCESSES AT THE
LOCAL LEVEL.
DURING OUR STUDY YEARS THE
HOUSING ELEMENT ANNUAL PROGRESS
REPORTS TRACK PERMITTED PROJECTS
ON A YEARLY BASIS BUT THEY DO
NOT CONTAIN DATA ON THE
ENTITLEMENT PROCESS SEES THAT
PRECEDE THESE BUILDING PERMITS.
AND THEN AFTER OBTAINING THE
PROJECT LIST WE GATHER DATA ON
THE MOVE ON THE PROJECT
CHARACTERISTICS.
AND THIS IS REALLY WHERE THE
PROJECT LAW THAT'S THE LOCAL
CITY LEVEL VERY MOST
SIGNIFICANTLY.
A MINORITY OF LARGE CITIES HAVE
LINKS THEY'RE ENTITLEMENT DATA
TO ZONING AND OTHER GEOGRAPHIC
INFORMATION SYSTEMS.
THIS LINKAGE MAKES IT POSSIBLE
TO COLLECT ALL PROJECT
CHARACTERISTICS AT ONE TIME.
MOST JURISDICTIONS HAVE SOME
SORT OF PERMITTING INTERFACE
AVAILABLE WHICH AT THE MINIMUM
MAKES IT POSSIBLE TO SEARCH BY
APPLICATION NUMBER TO DETERMINE
ENTITLEMENT OUTCOMES.
BUT EVEN THE CITY IS THAT HAVE
YOU KNOW PERMITTING INTERFACES
LIKE EXCEL --
OR OTHER CLOUD BASED SOFTWARE
MISSING OR INCOMPLETE
INFORMATION IS COMMON.
SOME JURISDICTIONS AND THIS IS
PARTICULARLY RELEVANT FOR
SMALLER CITIES HAVE NO ONLINE
ENTITLEMENT ARE PERMITTING
INTERFACE WHICH THEN REQUIRES
OUR TEAM TO SEARCH THROUGH EVERY
SINGLE ZONING ADMINISTRATOR
PLANNING COMMISSION AND CITY
COUNCIL AGENDA TO DETERMINE WHAT
WAS ENTITLED IN THAT CITY.
AND THE QUALITY OF THESE AGENDAS
AND MINUTES VERY CONSIDERABLY.
NOT ALL CITIES MAKE STAFF
REPORTS AVAILABLE WITH THEIR
AGENDAS ON THEIR PUBLIC WEBSITES
WHICH THEN REQUIRES US TO
CONDUCT ANOTHER LAYER OF
REQUESTS FOR DATA.
AND DURING THIS PROCESS WE ALSO
OBSERVE MAJOR INCONSISTENCIES
BETWEEN AGENDAS AND STAFF
REPORTS AND IT'S CRITICAL
pDATA DIRECTLY IMPACTS THE
RELIABILITY OF SELF REPORTED
DATA FROM THE CITIES.
AND HAS IMPORTANT IMPACTS ON THE
APPROVAL PROCESS MORE GENERALLY.
WE ALSO WANT TO HIGHLIGHT THE
DESPITE THEIR HEAVY WORKLOADS.
ALL OF THE PLANNING DEPARTMENTS
WE ENGAGE WITH WERE VERY
RESPONSIVE AND VERY
ACCOMMODATING OF OUR REQUESTS.
FROM OUR WORK IN INTERVIEWS IT
REALLY APPEARS THAT
TECHNOLOGICAL LIMITATIONS
INFLUENCE HOW QUICKLY STAFF AND
OUTSIDE RESEARCHERS CAN ANALYZE
THESE LOCAL PROCESS SEES.
AND THEN FINALLY TOUCHING
BRIEFLY ON OUR LITIGATED RICARDO
LITIGATION RELATED RESEARCH --
WE ALSO PROVIDED A COMPREHENSIVE
ASSESSMENT OF ALL LITIGATION
AGAINST ENTITLED DEVELOPMENT
PROJECTS OF FIVE OR MORE UNITS.
TO DO THIS RESEARCH STATE
RECORDS TO IDENTIFY ALL SEEK OF
PETITIONS AND OUR BAY AREA IN
SOUTHERN CALIFORNIA CITIES.
WE ALSO SEARCHED COUNTY COURT
RECORDS WHICH ENABLED US TO
IDENTIFY ALL WRITS FILED AGAINST
EACH OVER SELECTED CITIES
BETWEEN TWENTY FOURTEEN AND
TWENTY SEVENTEEN TO PROVIDE
COMPARATIVE ANALYSIS ABOUT RATES
OF LITIGATION FOR C. CA AND
NON SEQUEL CLAIMS.
WE ISOLATED RECORDS ASSOCIATED
WITH LITIGATED PROJECTS OF FIVE
OR MORE RESIDENTIAL UNITS.
WE COMPLETED THIS COMPARISON FOR
THE BAY AREA AND WE'RE IN THE
PROCESS OF COMPLETING THE
COLLECTION IN SOUTHERN
CALIFORNIA.
AND THEN FINALLY TO OBTAIN
APPEAL RATES WE SEARCHED ALL
ZONING BOARD OF APPEALS PLANNING
COMMISSION AND CITY COUNCIL
AGENDA AND MINUTES FROM.
TWENTY FOURTEEN TO TWENTY
SEVENTEEN AND NOW WE'LL TURN TO
OUR FINDINGS TO RESEARCH HAS
UNCOVERED.
SO I'M GOING TO BEGIN WITH
FINDINGS ABOUT THE ENTITLEMENT
PROCESS IS GENERALLY AND THEN I
WILL PROVIDE SPECIFIC FINDINGS
RELATED TO THE APPLICATION OF
SYKORA WITHIN OUR STUDY CITIES.
OUR FIRST NOTABLE FINDING WAS
THAT OUR NINE STUDY CITIES
REQUIRED DISCRETIONARY REVIEW
FOR NEARLY ALL OF THE ONE
THOUSAND AND EIGHTY SEVEN
PROPOSED RESIDENTIAL
DEVELOPMENTS WITHIN OUR DATA SET.
SO AFTER EXAMINING EACH CITIES
LAND YOU SYSTEM THAT WE FOUND
THAT ONLY LOS ANGELES.
HAD AN AS OF RIGHT PROCESS THAT
WOULD BE APPLICABLES TO PROPOSE
RESIDENTIAL DEVELOPMENT OF FIVE
OR MORE UNITS.
SPECIFICALLY LOS ANGELES HASN'T
AS OF RIGHT PROCESS FOR
RESIDENTIAL DEVELOPMENT OF UP TO
FORTY NINE UNITS.
IF THE UNDERLYING ZONING PERMITS
THE DENSITY ONCE WE COLLECTED
AND ANALYZED DATA AT THE PROJECT
LEVEL HOWEVER WE FOUND THAT ONLY
ONE HUNDRED AND NINETY PROJECTS
OR ABOUT 25%.
OF THE PROJECTS WE ANALYZE
WITHIN LOS ANGELES WHERE AS OF
RIGHT.
WE ALSO FOUND THAT EIGHT OF THE
OTHER NINE CITIES THAT WE
STUDIED DO NOT PROVIDE FOR AS OF
RIGHT TO PROCESSES FOR PROJECTS
OF FIVE OR MORE UNITS.
AND IN FACT WITHIN TWO OF OUR
STUDY CITIES THERE IS NO AS OF
RIGHT PROCESS FOR ANY
RESIDENTIAL DEVELOPMENT THAT
INCLUDES SINGLE FAMILY DWELLINGS.
WE USE FIGURE THREE IN OUR HAND
OUT TO YOU TO ILLUSTRATE THIS.
THIS FINDING IS OF PARTICULAR
IMPORTANCE FOR OUR WORK BECAUSE
AS PREVIOUSLY EXPLAINED.
THE WHAT DOES NOT APPLY TO AS OF
RIGHT PROJECTS BUT IT DOES APPLY
TO PROJECTS THAT ARE SUBJECT TO
DISCRETIONARY REVIEW.
SO WHEN CITIES CHOOSE TO
REQUIRED FIGURE SEEK WHAT.
AND ESSENTIALLY WHAT THIS
FINDING MEANS IS THAT NINE OF
OUR NINE CITIES ARE CHOOSING TO
REQUIRE DISCRETIONARY REVIEW
PROCESS TO APPLY TO DO PRETTY
MUCH ALL RESIDENTIAL DEVELOPMENT.
AND THEREFORE THE CITIES ARE.
REQUIRING THAT THESE PROJECTS
UNDERGO ENVIRONMENTS REVIEW
UNDERSUPPLY.
AND THIS INCLUDES PROJECTS THAT
COMPLETELY COMPLY WITH THE LOCAL
ZONING CODE.
ANOTHER IMPORTANT FINDING IS
THAT THE LOCAL PROCESSES FOR
DISCRETIONARY REVIEW VERY
TREMENDOUSLY ACROSS HOW THEY
WERE APPLIED IN OUR NINE CITIES.
EVEN WHEN THE CITIES WERE USING
THE SAME MECHANISM FOR
DISCRETIONARY REVIEW --
TABLE ONE IN OUR HAND OUT
ILLUSTRATES THE DIFFERENCE IS IN
THE ENTITLEMENT TIME FRAMES
ACROSS OUR NINE CITIES.
THOSE TIME FRAMES RANGE FROM
SEVEN TO THIRTY NINE MONTHS IN
THE AMOUNT OF TIME IT TAKES TO
MOVE THROUGH THE REQUIRED
ENTITLEMENT PROCESS.
WE WANT TO HIGHLIGHT THAT AFTER
THE CLOSE ANALYSIS OF THESE TIME
FRAMES AND THE APPROVAL PROCESS
IS THAT THESE PROPOSED
RESIDENTIAL DEVELOPMENTS MOVED
THROUGH.
WE FEAR FOUNDED THERE DOES NOT
APPEAR TO BE ANY OBVIOUS
RELATIONSHIP BETWEEN THE NUMBER
OF APPROVALS THE CITY IMPOSES.
AND THE AMOUNT OF TIME IT TAKES
FOR A PROPOSED DEVELOPMENT TO
MOVE THROUGH THE ENTITLEMENT
PROCESS.
OAKLAND IN REDWOOD CITY FOR
EXAMPLE ARE TO THE CITIES THAT
IMPOSE THE LARGEST NUMBER OF
APPROVAL STEPS ON AVERAGE.
BUT THEMEDIAN TIME LINES IN
THOSE CITIES WERE SEVEN MONTHS
IN CONTRAST SANTA MONICA IMPOSES
LESS STEPS TO APPROVAL BUT THE
MEDIAN TIMELINE TO ENTITLEMENT
IS THIRTY NINE MONTHS.
THEY'RE ALSO DOES NOT APPEAR TO
BE A REALLY IT IMPOSES TO SECURE
ENTITLEMENT AND RATES OF
ENTITLEMENT TABLE ONE ALSO
ILLUSTRATES THIS.
WHEN ALSO IDENTIFIES THE PRIMARY
MECHANISM THAT DISCRETIONARY
REVIEW TAKES IN EACH CITY?
SO YOU'LL KNOW IN THAT TABLE
THAT FIVE OF THE CITIES THAT ARE
LISTED ARE USING DESIGNER
ARCHITECTURAL REVIEW IS OUR
PRIMARY MECHANISM.
FOR DISCRETIONARY REVIEW.
AND YET [inaudible]
DOT.
EVEN THOUGH THEY ARE USING THE
SAME PROCESS. TO EACH OF THESE
POINTS ARE HIGHLIGHTING HOW
LOCAL CONTEXT ARE SHAPING THE
APPLICATION OF LAW.
OUR INTERVIEW DATA SUGGESTS THAT
OF OUR VARIETY OF NON LAW
FACTORS.
SUCH AS CITY STAFFING OR
POLITICS ARE INFLUENCING HOW
SIMILAR LAWS ARE APPLIED WITHIN
VARIOUS LOCAL CONTACTS.
ANOTHER NOTABLE OBSERVATION IS
THAT ENTITLEMENT TIME LINES DO
NOTALWAYS APPEAR TO BE RELATED
TO THE CHARACTERISTICS OF THE
PROJECT SPECIFICALLY PROJECTS
SIZE.
THE FOR EXAMPLE SMALLER PROJECTS
DEFINED AS FIVE OR TWO TWENTY
FIVE UNITS IN THIS CONTEXT.
MOVE FASTER THROUGH ENTITLEMENT
PROCESSES IN ONLY TWO OF OUR
NINE STUDY CITIES.
SO IN SIX CITIES WE ALSO SAW
THAT SMALLER PROJECTS TO NOTABLY
LONGER THAN LARGER PROJECTS.
MULTIPLE INTERVIEWEES OFFERED
ONE EXPLANATION FOR THIS
SUGGESTING THAT LARGER PROJECTS
ARE SOMETIMES RESOURCE IN A WAY
THAT SOME SMALLER PROJECTS OR
NOT.
AND THAT THIS ALLOWS LARGER
PROJECTS TO BENEFIT FROM
CONSULTANT SECOND HELP.
DEVELOPERS NAVIGATE THE
COMPLEXITY OTHER EXPLANATION MAY
BE RELATED TO WHERE THE PROJECTS
ARE CITED.
AS WE OBSERVE THAT SOME PROJECTS
INCLUDING LARGER PROJECTS.
THAT ARE PROPOSED WITHIN
SPECIFIC PLAN AREAS IN THE
CITY'S APPEAR TO MOVE FASTER
THAN THOSE PROJECTS THAT ARE
PROPOSED OUTSIDE OF THE SPECIFIC
PLAN AREAS.
OUR FINDINGS ARE ALSO SHOWING
WHERE HOW WHERE AND HOW PROJECTS
ARE COMPLYING SEEK REQUIREMENTS
AND THESE ARE IMPORTANT.
WHEN WE ANALYZED HOW MANY
PROJECTS MOVE THROUGH DIFFERENT
DISCRETE PROCESSES TO COMPLY
WITH SEEK WHAT?
WE FOUND THAT A LOW PERCENTAGE
OF THE PROJECTS WE STUDIED
REQUIRED FULL THE I. OURS THIS
IS NOTABLE TO US BECAUSE IN
INTERVIEWS WE FREQUENTLY
ENCOUNTERED PERCEPTIONS THAT HE
AYE OURS WERE COMMON.
AND CERTAINLY PERCEPTIONS THAT
THEY WERE MORE COMMON THAN WHAT
WE OBSERVE IN THE PROJECT LEVEL
DATA.
THE TYPES OF PROJECTS THAT
REQUIRE ER'S SUPPLIED ALSO
SURPRISED US.
SO ALTHOUGH GENERALLY ER'S WERE
REQUIRED FOR THE LARGEST
PROJECTS IN MOST OF OUR CITIES
WE ALSO FOUND THAT RELATIVELY
LARGE PROJECTS AND NOW WE'RE
DEFINING THAT AS A HUNDRED UNITS
ARE MORE.
COULD GO THROUGH STREAMLINED
SECRET PROCESSES.
SO WE OBSERVE THAT IN SOME
CITIES A LARGE PROJECT OF OVER A
HUNDRED UNITS COULD BENEFIT FROM
TEARING.
WHILE A SMALLER PROJECT OF LESS
THAN TWENTY FIVE UNITS MIGHT
HAVE ANY AYE ARE.
AND WHEN WE REFER TO STREAMLINE
HERE OF COURSE REFERRING TO
TEARING OFF OF AN E. I. ARE
ASSOCIATED WITH A SPECIFIC PLAN
OR GENERAL PLAN.
AN ANALYSIS OF THE PROJECT
CHARACTERISTICS INDICATED THAT.
WHETHER A PROPOSED PROJECT WAS
PROPOSED WITHIN A SPECIFIC PLAN
AREA RATHER THAN THE PROJECT
CHARACTERISTICS.
ACTUALLY DETERMINE THIS OUTCOME.
SO WE CAN SEE IN THIS KIND OF
CONTEXT HOW IMPORTANT.
IT IS.
THAT PLANNING ACTIVITIES HELP
FACILITATE STREAMLINING.
WE ALSO FOUND THAT IN GENERAL
THE USE OF STREAMLINING APPEARS
ASSOCIATED WITH QUICKER TIME
LINES OVERALL AND LOWER RATES OF
LITIGATION.
SO CROSS ALL NINE CITIES ON
AVERAGE TEARING TAKES SIXTEEN
MONTHS THE IRS TAKE FORTY FOUR
MONTHS.
BUT OCCASION RATES ARE PROJECTS
THAT USED HEARING WERE AS LOW AS
2%.
EDUCATION RATES OF PROJECTS THAT
USE ER'S WERE 19%.
THE COLLECTIVELY AGAIN THIS
SHOWS SELECT IT STREAMLINING FOR
MORE DENSE INFILL DEVELOPMENT.
WITH RESPECT TO SEE WILL
LITIGATION OVERALL WHEN WE
ANALYSE OUR SET OF PROJECTS TO
SEE HOW MANY FACE SEQUEL
LITIGATION WE FOUND THAT
APPROXIMATELY 3% OF ALL OF THE
PROJECTS THAT WE STUDIED.
FACE LITIGATION THAT INCLUDED
STEEPER RELATED CLAIMS THE TABLE
THREE IN THE HANDOUT PROVIDES
DETAILS ABOUT LITIGATION RATES
WITHIN EACH OF OUR SPECIFIC
CITIES.
AND INTERESTINGLY ALTHOUGH SOME
CITIES AT VERY LOW SEQUEL
LITIGATION RATES WE OFTEN HEARD
STATEMENTS IN INTERVIEWS WITH IN
ALL CITIES THAT REVEAL
PERCEPTIONS THAT SEQUEL
LITIGATION WAS MUCH HIGHER AND
THAT LITIGATION SHAPE LOCAL
PRACTICES. TO BETTER UNDERSTAND
HOW MUCH OPPOSITION PROPOSED.
RESIDENTIAL DEVELOPMENT FACE WE
ALSO EXPLORED RATES OF
ADMINISTRATIVE APPEALS AND WHICH
OPPONENTS CAN CHALLENGE LOCAL
DECISIONS MADE USING
DISCRETIONARY REVIEW PROCESS WE
PRESENT THE RATES OF
ADMINISTRATIVE APPEALS ALSO IN
TABLE.
THREE THE MOST SIGNIFICANT
FINDING IS THAT ACROSS ALL
CITIES RATES IN THE MINISTRY OF
APPEALS AND LITIGATION DO NOT
NECESSARILY SEEM TO HAVE AN
OBVIOUS RELATIONSHIP TO
ENTITLEMENT HIGHLIGHTS GENERALLY.
AFTER ANALYZING THE LAWSUITS
THAT DID ARISE IN OUR DATA WE
WERE ABLE TO OBSERVE WHAT IS
OCCURRING ACROSS ALL SEQUEL
COMPLIANCE PATHWAYS.
SO TABLE FOR PROVIDE YOU SOME
INFORMATION ABOUT THE TOTAL OF
THE THIRTY LAWSUITS THAT WE
LOOKED AT IN THE ALL NINE CITIES.
IT PROVIDES YOU THE DISTRIBUTION
OF LITIGATION ACROSTIC BUT
PATHWAYS FOR THESE LAWSUITS.
THIS TELLS US HOW MANY OF THE
LAWSUIT'S FELL WITHIN SPECIFIC
CATEGORIES OF SEQUEL COMPLIANCE
PATHWAYS.
THIS TABLE DOES NOT PROVIDE THE
FREQUENCY OF LITIGATION BY
SECRET COMPLIANCE PATHWAYS OR IN
OTHER WORDS THIS TABLE DOES NOT
TELL YOU HOW LIKELY A PROJECT IS
TO FACE LITIGATION BASED ON THE
SEQUEL COMPLIANCE PATHWAY USE.
BUT WE DID DO THAT CALCULATION
AND FOUND THAT ACROSS ALL CITIES
CATEGORICALLY EXEMPT PROJECTS
AND DOES IT USED HEARING ARE THE
LEAST LIKELY TO BE LITIGATED.
AND HE AYE OURS ARE THE MOST
LITIGATED WITHIN LOS ANGELES
PROJECTS WITH MITIGATED NEGATIVE
DECLARATIONS APPEAR TO BE THE
LEAST LIKELY TO BE NOTED
LITIGATED ANY AYE OURS ARE THE
MOST LIKELY TO BE LITIGATED.
AND SOME OUR FINDINGS HIGHLIGHT
THE RELEVANT SOMETIMES THE
DISCONNECT BETWEEN PERCEPTIONS
ABOUT WHAT IS OCCURRING AT THE
LOCAL LEVEL AND WHAT MIGHT
ACTUALLY BE OCCURRING.
AND SO NOW WILL MOVE TO SOME OF
THE IMPLICATIONS OF THESE
FINDINGS THANK YOU MARA SO WHEN
KEY TAKEAWAYS THE NEED FOR MORE
AND BETTER DATA.
THE INFORMATION WE COLLECT IT IS
REALLY IMPORTANT FOR
UNDERSTANDING HOW TO FIX OUR
LAND USE REGULATION PROCESS.
BUT IS NOT READILY AVAILABLE I
TOOK AS A LOT OF TIME AND EFFORT
TO COLLECT FOR THE CITIES.
INDEED WE FOUND SUBSTANTIAL
DISCREPANCIES BUT THE TAKE
BETWEEN THE DATA WE COLLECTED.
THE DATA THAT THE CITIES
THEMSELVES PROVIDED TO US WE ASK
FOR THEIR REPORTS TO COMPARE
WITH OUR INFORMATION OR THE DATA
THAT CITIES OF SELF REPORTED TO
OTHER ACADEMIC SURVEYS.
OR INFORMATION REQUESTS FROM THE
STATE.
THIS WE'VE SEEN THERE'S AT LEAST
A COUPLE POSSIBLE EXPLANATIONS
FOR THESE DISCREPANCIES IN PART
THE COMPLEXITY OF THE LOCAL LAND
USE REGULATORY SYSTEMS IN THEIR
VARIATION FROM JURISDICTION TO
JURISDICTION.
AND ALSO THE RESOURCE
LIMITATIONS OF MANY LOCAL
GOVERNMENTS AND THE FACT THAT
THEY MAY NOT BE PRIORITIZING
DATA COLLECTION AVAILABILITY AND
ANALYSIS.
THE CHALLENGES WITH DATA
AVAILABILITY IN ACCESSIBILITY
HAVE BROUGHT IMPORTANCE AND NOT
JUST FOR ACADEMIC RESEARCH
PROJECTS LIKE OURS. FOR INSTANCE
LACK OF ACCESSIBLE OR AVAILABLE
DATA MADE DIRECTLY IMPACT THE
ABILITY OF CITY PLANNERS TO
UNDERSTAND HOW THEIR PROCESS
EASIER FUNCTION OVERALL AND HOW
THIS PROCESS EASIER SHAPING
PROJECT PROPOSALS AND APPROVALS.
WHEN WE FOLLOWED UP ON MISSING
DATA MANY JURISDICTIONS NOTED
THEY WERE UNABLE TO EXTRACT THAT
DATA DUE TO LIMITATIONS IN THEIR
UNDERLYING DATA SYSTEMS?
OTHER CITIES REMARKED THAT THE
LIMITED CAPACITY OF THEIR ONLINE
PERMITTING SYSTEMS MAY PROJECT
MANAGEMENT MORE DIFFICULT AND
CREATED PROCESS INEFFICIENCIES.
BUT THESE DATA PROBLEMS ALSO
LIKELY AFFECT THE ABILITY OF
LOCAL GOVERNMENTS TO ACTUALLY
MEET THEIR OBJECT ACCURATELY
MEET THEIR OBLIGATIONS UNDER
STATE HOUSING ELEMENT LAW. TO
REPORT ON THE APPROVAL OF
HOUSING PROJECTS STATE.
EFFECTIVELY THE STATE HOUSING
COMMITTEE DEVELOPMENT DEPARTMENT
IN THE STATE LEGISLATURE TO
ACCURATELY ASSESS HOW THE LAND
USE REGULATORY AN ENVIRONMENTAL
REVIEW PROCESS IS OPERATING
CALIFORNIA.
EFFECTIVELY OF MEMBERS OF THE
PUBLIC TO HOLD LOCAL GOVERNMENTS
ACCOUNTABLE FOR THE REGULATORY
PROGRAMS.
AND THEY MAY MAKE IT HARDER FOR
PROJECT PROPONENTS AND
DEVELOPERS TACKLING THOSE WHO
ARE NOT FAMILIAR WITH A
PARTICULAR JURISDICTIONS PROCESS.
I UNDERSTAND HOW IT FUNCTIONS
AND WHAT THE AND ALSO GOING TO
THE QUESTION OF RECORD
DEVELOPMENT THAT YOU EXPORT IN
THE PRIOR PANEL IT MAY ALSO
INTERFERE WITH THE ABILITY OF
LOCAL GOVERNMENTS. TO RAPIDLY
AND EFFICIENTLY PRODUCE RECORDS --
UNDERLYING THE CASES THAT THEN
GO TO LITIGATION.
AS WHERE INDICATED OUR DATA DO
NOT AT PRESENT SHOW A CLEAR
RELATIONSHIP BETWEEN SEQUEL
EDUCATION RATES AND TIME FRAMES
WERE APPROVALS OR THE RATE AT
WHICH LOCAL GOVERNMENTS ENTITLED
UNITS.
NOR DO THEY SHOW A CLEAR
RELATIONSHIP BETWEEN
ADMINISTRATIVE APPEAL RATES AND
TIME FRAMES ON ASSIGNMENT. FOR
INSTANCE IN LONG BEACH LOS
ANGELES IN REDWOOD CITY HI OR
MODERATELY HIGH LITIGATION RATES
ARE NOT ASSOCIATED WITH A LONGER
APPROVAL TIME FRAMES.
COUNTRY TO THE EXPECTATION THAT
CIVIL LITIGATION MY TRUCK DRAWN
OUT DEFENSIVE ENVIRONMENTAL
REVIEW LAND USE APPROVAL PROCESS
SEES.
HOWEVER WE WANT TO EMPHASIZE
THAT WE ARE STILL COLLECTING
DATA ON THESE QUESTIONS WERE
COLLECTING MORE DATA ON
ADMINISTRATIVE APPEALS
LITIGATION.
MORE DATA ON ADDITIONAL CITIES
AROUND THE STATE AND WE EXPECT
TO CONDUCT MORE SOPHISTICATED
ANALYSES OF THE RELATIONSHIPS
BETWEEN LITIGATION THE AMOUNT OF
DISCRETION APPROVALS
ADMINISTRATIVE APPEALS.
TIME FRAMES AND ENTITLEMENT
RATES IT'S POSSIBLE THAT THAT
ADDITIONAL DATA ANALYSIS WILL
FIND RELATIONSHIPS THAT WE
CANNOT CURRENTLY TO TAX.
ALONG THOSE LINES I WOULD ALSO
FLAG THAT ONE SHOULD NOT READ
TOO MUCH INTO LOW LITIGATION
APPEAL RATES IN CITIES THAT
THEMSELVES APPROVED VERY FEW
PROJECTS TO BEGIN WITH.
SUCH AS POLITICS IN THE CITY'S
THE LOW LITIGATION RATES MASK
UNDERLYING POLITICAL AND LEGAL
DYNAMICS THAT DETER ANY
SIGNIFICANT NUMBER PROJECT
APPROVED.
COMBINING A QUANTITATIVE DATA
WITH AND INTERVIEW RESULTS OUR
CURRENT UNDERSTANDING IS THAT
THE FOCUS OF REFORM EFFORTS.
SHOULD BE ON THE LOCAL LAND USE
REGULATORY SYSTEM AND THE
UNDERLYING POLITICAL IN FISCAL
DRIVERS OF THAT SYSTEM.
BUT ANY REFORM EFFORTS MUST ALSO
BE CAREFUL DOUBLE COMMUNITIES
AND ONLY RECENTLY HAVE BECOME
EMPOWERED ENOUGH TO HAVE A VOICE
IN THAT DEVELOPMENT PROCESS.
ANOTHER THING THAT A RESULT
SHOWS THAT STREAMLINING
VERTICALLY THROUGH THE USE OF
TEARING OFF A PRIOR GENERAL AND
IS AN IMPORTANT WAY FOR LOCAL
GOVERNMENTS TO FACILITATE
DEVELOPMENT PROJECTS.
WHILE ALSO MAINTAINING IMPORTANT
PUBLIC PARTICIPATION IN
ENVIRONMENTAL REVIEW ELEMENTS.
IN FACT AS WHERE INDICATED WITH
ON THE PROJECTS THAT WENT
THROUGH TEARING RELATED
EXCEPTIONS IT'S GLOBAL AND WERE
LITIGATED A LOWER RATES.
SO THAT'S OUR BASIC SUMMARY AND
WE LOOK FOR TO QUESTIONS WERE
HAPPY TO EXPLORE ANY ASPECTS.
OF THE PROJECT THAT PEOPLE WANT
A I'VE BEEN IN MORE DEEPLY ON
THANK YOU THANK YOU OFFER YOUR
RESEARCH AND VERY INTERESTING --
LET ME JUST ASK YOU ONE ISSUE
REALLY AND ALL THIS --
YOU KNOW WHEN YOU TALK ABOUT.
THE FACT THAT IT'S MORE OF THE
PLANNING PROCESS AT THE LOCAL
LEVEL.
HE WAS STILL VERY MUCH PART OF
THAT.
ENVIRONMENT RIGHT IN AND AND I
GUESS IS IT IS REALLY HARD TO
GET IT'S BEEN ASKED A COUPLE
TIMES BUT IT'S BEEN REALLY HARD
TO GET ANY KIND OF DATA ABOUT.
WHAT SORT OF --
IMPACT THE THREAT OF A POTENTIAL
LAWSUIT OR OR JUST THE THE USE
OF EQUAL AS A TOOL.
MIGHT HAVE ON THE PROCESS AND
AND DID YOU GET ANY AT LEAST
ANECDOTAL EVIDENCE ABOUT THAT OR
WAS IT JUST IT'S IT'S JUST SO
DIFFICULT IF YOU ASK ABOUT THE
PLANNING PROCESS FOR THE PROJECT
PROCESS BOTH ACTUALLY.
SO I THINK ON THE PROJECT
PROCESS RIGHT THE WHAT WE CAN
PROVIDE AT THIS POINT IN TIME.
IS LOOKING AT LITIGATION AN
APPEAL RATES ACROSS
JURISDICTIONS AND SING OF THAT
RELATES AT ALL.
THE TIME FRAMES FOR APPROVAL OR
ENTITLEMENT RATES IN THOSE
JURISDICTIONS AND WE DON'T SEE A
CLEAR RELATIONSHIP AT THIS POINT
IN TIME.
IT DOESN'T MEAN IT ISN'T
RELEVENT BUT IT IS NOT A VERY
STE IT'S NOT A STRONG A FACTOR
THAT IS IMMEDIATELY OBVIOUS IN
TERMS OF THE DATA THAT WE HAVE
AT THIS POINT IN TIME.
AT THE PLANNING STAGE THAT IS A
DIFFICULT DIFFERENT AN IMPORTANT
QUESTION.
AND WE HAVE BEEN COLLECTED THE
DATA AT THE PLANNING STAGE TO
UNDERSTAND.
WHAT KIND OF PROCESS THESE LOCAL
GOVERNMENTS ARE USING EDUCATION
RATES AROUND THAT THAT WOULD BE
AN IMPORTANT INTERESTING
RESEARCH QUESTION?
AND YOU KNOW THE LIMITATIONS WE
HAVE IN TERMS OF RESEARCHERS IN
TERMS OF GETTING FUNDING AND
CAPACITY TO RESEARCH SORT OF
HAVE CONSTRAIN THE SCOPE OF WHAT
WE'RE ABLE TO COLLECT.
OKAYI MEANT YOU HEARD THE
DISCUSSION EARLIER ABOUT
STANDING AND WHO DO YOU HAVE ANY.
YOU'RE ALL SMART LAWYERS DO YOU
HAVE ANY.
THOUGHTS ABOUT.
THE ABUSE OR AN ASSET THE
APPROPRIATENESS OF THE USE OF OF
OF STANDING IN THIS SPACE --
MANY ANY ANY COMMENTS ON THAT I
HAVE A BLOG POST ON THAT THAT
I'D BE HAPPY TO PASS ON IF YOU'D
LIKE WHERE I WROTE A COMPARISON
OF NEED BUT FEDERAL STANDING
LEAD --
JURISPRUDENCE IN SEQUENCE
STANDING JURISPRUDENCE.
I AND HOW IT THE DIFFERENCES
BETWEEN THE TWO STANDARDS AND
WHAT DIFFERENCES THAT MIGHT LEAD
INTO OUTCOMES THAT.
THAT'S A FEW YEARS OLD AT THIS
POINT SO YOU KNOW. ONE AND
THAT'S RELYING SOLELY ON
PUBLISHED OPINIONS WERE DOING AN
ANALYSIS OF HOW COURTS ARE
APPLYING THE STANDARDS.
THAT IS THE QUESTION.
AS WE DO OUR LITIGATION ANALYSIS
THAT WE MIGHT BE ABLE TO GET A
LITTLE MORE INSIGHT TO LOOK AT
FOR INSTANCE.
THE EXTENT TO WHICH ANY OF THE
LAWSUITS WE LOOKED AT WERE
DISMISSED ON STANDING GROUNDS --
DAD'S DATA WERE STILL TRYING TO
COLLECT.
AT THE LITIGATION LEVEL ONE OF
THE OBSTACLES.
DIFFICULT AND TO BE FRANK
EXPENSIVE TO ACCESS TO THE
ONLINE CORD PORTALS.
WHAT WAS I SEE SAID TO THE
ONLINE COURT SYSTEMS HA HA OR
SOME OF THE DATA IS NOT EVEN ON
THE ONLINE SYSTEMS RIGHT?
OKAY QUESTION SEVEN YES --
YES I I KNOW THAT WE ARE ALL
LAWYERS WE LIKE TO GET.
CAUGHT UP IN THE THE ALSO
ULTIMATE --
LAWSUIT I'D LIKE TO GO BACK TO
THE FINDINGS THAT YOU MADE ON
THIS SORT OF BYZANTINE.
LOCAL ORDINANCE.
ZONING LAW --
SITUATION THAT SITS UP THERE IN
ALL FOUR HUNDRED EIGHTY TWO
CITIES --
BECAUSE I THINK SOMETIMES YOU
KNOW AGAIN THE RAP IS THAT SEEKS
WAS WHAT TRIPS SET UP.
RIGHT EVERYBODY LIKES TO SAY
THAT AND YOU HAVE A STREAMLINED --
SEEK WHAT I'M IN I DON'T KILL
THE PROJECT FOR WHATEVER REASON.
RIGHT IN SICK WITH GETS THE HOOK
BECAUSE WE HAD TO GO THE SEQUEL
AND THAT AND THAT REQUIRED THIS
LENGTHY DISCUSSION.
ON ON THINGS.
SO I I WANT TO SAY THAT BECAUSE
I DON'T THINK WE WE'VE FOCUSED
ON THAT CAN YOU GIVE ME SOME.
OF THOSE NINE CITIES THERE SOME
OF THESE --
CONFUSING SYSTEMS THAT THEY HAVE
AND I LIVE IN FREMONT SO I'M
SORT OF FAMILIAR WITH SOME OF
THESE.
SOME OF THE CITIES AROUND ME
THAT MAKE THE PROCESS.
NOT THE IT'S NOT THAT THE THE
DISCUSSION WE HAVE BUT JUST JUST
TRYING.
TO LOCAL REGULATIONS THAT THEY
DO THAT MAKES IT. NOW FOR
IMPOSSIBLE FOR EVEN AN ENTITLED.
PIECE OF LAND TO GET SOMETHING
THE BALLOT --
DEFERRED AT JULIE I THINK CAN
REALLY GIVE GOOD EXAMPLES ON
YEAH -- I
MEAN THERE'S A LOT OF I I THINK
WHAT'S YOU KNOW WE WE TALK ABOUT
THE BENEFITS OF PLANNING AND
SPECIFIC PLANNING PARTICULARLY
IN TERMS OF YOU KNOW TEARING AND
AND THE TIME SAVING YOU KNOW
BENEFIT OF THAT --
WHAT'S HAPPENED IS A LOT OF
CITIES HAVE INTRODUCED --
KIND OF NEW LAYERS OF APPROVAL
THREE SPECIFIC PLANNING SO.
THEY'VE INTRODUCED APPROVALS
RELATED TO SPUR --
REDWOOD CITY IS AN EXAMPLE SAN
FRANCISCO LA --
WHERE IF YOU'RE DEVELOPING
WITHIN THE SPECIFIC PLAN AREAS
YOU CAN BENEFI FROM
STREAMLINING BUT THERE'S
ACTUALLY AN ADDITIONAL LAYER OF
APPROVAL THAT YOU MIGHT NEED TO
GET THAT YOU WOULDN'T NEED TO
GET IF YOU'RE OUTSIDE A SPECIFIC
PLAN AREA?
THAT'S ONE IMPORTANT ASPECT --
LIKE AN ARCHITECTURAL REVIEW
BOARD OR HISTORICAL SO.
IT REALLY VARIES --
SO YOU KNOW TYPICALLY THAT KIND
OF APPROVAL IS --
IN LA IT'S MORE ASCETIC ORIENTED
IN SAN FRANCISCO IT'S OR SIMILAR
FINDINGS THAT YOU NEED TO MAKE
FOR C. U. P..
SO EVEN THAT KIND OF THE
DIFFERENT THINGS THAT LOCAL
GOVERNMENTS ARE LOOKING AT YOU
KNOW VERY SUBSTANTIALLY --
ANOTHER COMMON THING WE'RE
SEEING THAT'S REALLY INTERESTING
IS.
DEVELOP BAD LOCAL GOVERNMENTS
TRYING TO BAKE IN LIKE CERTAIN
POLICY OBJECTIVES INTO THEIR
ZONING CODE --
SO YOU KNOW OAKLAND FOR EXAMPLE --
INSTEAD OF JUST REDUCING MINIMUM
REQUIREMENTS.
CREATED THE C. U. P. PROCESS
WHERE YOU CAN GET LOWERED
PARKING BUT YOU HAVE TO GO
THROUGH THIS UP PROCESS YOU KNOW
TO MAKE SURE YOUR MEETING
CERTAIN CONDITIONS RIGHT.
THAT JUST KIND OF ADDS ANOTHER
LAYER I'M SANTA MONICA IS
ANOTHER REALLY GOOD EXAMPLE.
NOT ANYMORE BUT YOU KNOW DURING
OUR STUDY YEARS THEY HAD THIS
VERY COMPLICATED.
DEVELOPMENT AGREEMENT PROCESS TO
ENSURE THAT PROJECTS ARE
DELIVERING CERTAIN TYPES OF
COMMUNITY BENEFITS.
THAT REALLY YOU KNOW YOU KNOW
PRO LONG TO DEVELOPMENT PROCESS
SEES AND REQUIRED A LOT MORE
INPUT FROM CITY COUNCIL THAN
WOULD OTHERWISE BE REQUIRED GIVE
ME SOME IDEA BECAUSE IT SEEMS
LIKE THE COMMUNITY BENEFIT PLANS
ARE JUST THE BUZZ WORD IN THE IN
THE PLANNING --
ARENA AND NOW WHERE PEOPLE GO
I'VE AT LEAST I'VE HEARD.
YEARS TRYING TO FIGURE OUT THE
THE THE INPUT FROM THE COMMUNITY
BUT ALSO YOU GOT FIVE THOUSAND
DIFFERENT GROUPS AT ONE FIVE
THOUSAND DIFFERENT THINGS AND
TRYING TO FIGURE OUT HOW YOU.
A PIECE MAJORITY THE CITY
COUNCIL.
YEAH IT'S A REALLY INTERESTING
QUESTION I THINK CITIES ARE KIND
OF ATTACKING IT FROM TWO
DIFFERENT PERSPECTIVES YOU CAN
HAVE A CITY LIKE SAN FRANCISCO --
THAT CEATES BRIGHT LINE RULES
LIKE YOUR PROJECT WILL PAY THIS
IMPACT FEE IT WILL HAVE THIS
PERCENTAGE AFFORDABLE.
YOU KNOW IT WILL PROVIDE THIS
AMOUNT OF OPEN SPACE SANTA
MONICA DID A REALLY INTERESTING
THING WHERE YOU KNOW THEY KIND
OF RECOGNIZED.
WE MIGHT WANT TO BE ABLE TO
NEGOTIATE THESE BENEFITS FROM
THE DEVELOPER ON A ONE OFF BASIS
RIGHT ON A CASE BY CASE BASIS --
WITH THE IDEA THAT IT ACTUALLY
MIGHT BE MORE BENEFICIAL FOR
DEVELOPERS SINCE THERE'S SOME
FLEXIBILITY --
AND YOU KNOW THAT PROCESS REALLY
CREATED TIME INEFFICIENCIES --
AND A LOT OF WORK.
BUT IT KIND OF SHOWS THAT YOU
KNOW CITIES ARE TRYING TO SORT
OF TAKE THESE TWO APPROACHES AND
THERE'S PROS AND CONS TO EACH --
IN TERMS OF PROCESS. ONE THE
FINDINGS THAT YOU MAKE IS THAT
EVEN IF WE STREAMLINED THE
SEQUEL PROCESS WITH THE TWELVE
MILLION BEER BILLS WE'RE GOING
TO GET FROM TE ASSEMBLY.
IN LESS THE LOCALS INVEST IN
PLANNING PROCESS IT'S ALL FOR
NOT CAN YOU FLESH THAT OUT A
LITTLE BIT YEAH AND ACTUALLY I
THINK THIS GOES TO I THINK ONE
OF THE SUB TEXAS CENTER ALAN'S
QUESTION EARLIER.
THE PROBLEM FOR LOCAL
GOVERNMENTS IS THEY PAY FOR THE
SPECIFIC PLANNING ENVIRONMENTAL
REVIEW PROCESS.
BUDGET PROPONENTS PAY FOR
PROJECT LEVEL ENVIRONMENTAL
REVIEW NOW SAYS.
STILL THE LOCAL GOVERNMENT IS
EITHER FINANCIALLY CONSTRAINED
OR DOESN'T HAVE THE POLITICAL
AND SEND IT TO DO T.
OR SIMPLY JUST HAS CAPACITY
ISSUES.
THEY ARE NOT GOING TO DO THAT UP
FRONT INVESTMENT.
AND THEY'LL PUSH IT ON TO THE
INDIVIDUAL PROJECT PROPONENTS.
THAT IN TURN WILL NOT ONLY MEAN
IT THE PROPONENTS PAYING THE
COST FOR THE PRIME OF YOU BUT
ALSO EXTEND THE TIME LINES.
AND CREATE HIGHER LEVELS OF
UNCERTAINTY PROJECT APPROVAL.
IF CITIES ARE WILLING AND ABLE
TO DO THAT UP CONS IN TERMS OF
PROJECT.
ACTIVITY SO WHAT YOU HAVE IS
OUTDATED GENERAL PLANS ARE
HOUSING PLANS --
WE HAVE SOME.
COASTAL AREAS WE REPRESENT WE
NEED TO HAVE AN UPDATE ON ON ON
THOSE THINGS WE'RE HAVING THE
PROJECT PROPONENT HAVING TO TRY
TO STICK.
THEIR RIGHT. TWENTY NINETEEN
PROJECT INTO A TWENTY YEAR OLD A
GENERAL PLAN.
AND IT'S WITH THE PROBLEM.
YEAH I MEAN THAT IS.
YEAH THAT IS PART OF THE DYNAMIC
THAT YOU'RE TALKING ABOUT.
UPDATED GENERAL PLANS UPDATED
CPAS SPECIFIC PLANS ALL CAN
PROVIDE OPPORTUNITIES TO DO
TEARING --
AND EVEN IF SOME OF THE
EXEMPTIONS AND JULIA CAN TALK
ABOUT THIS IN MORE DETAIL EVEN
SOME OF THE STATUTORY AND
CATEGORICAL EXEMPTIONS REQUIRED
HEARING TO BE FUNCTIONAL.
SO THERE IS AN OVERLAP BETWEEN
THOSE AS WELL.
IN CHAIR SOMEONE.
WE'VE IT SEEMS SEND BUT I'M
PROBABLY WRONG ON THIS THAT THAT
WE DO VARIOUS CATEGORY COLLECTS
EMPTIONS SINCE SPECIFIC
EXEMPTIONS AND IN CITIES SOMEHOW
DON'T TAKE ADVANTAGE OF IT THEY
DON'T THEY DON'T.
THEY DON'T WE WOULD LIKE TO
THINK THAT YOU KNOW WE DO THIS
BECAUSE THIS CRISIS COMING OUT.
TO UP THE PROCESS I DON'T
SOMETIMES A READING YOUR REPORTS
SOMETIMES I THINK MAYBE THEY
DON'T WANT TO HAVE TO PROCESS
SPEED UP.
OR IS THERE SOME
MISUNDERSTANDING WHAT'S
AVAILABLE OUT THERE.
FOR WHAT'S THE RUB I'M AYE.
DO YOU WANT TO BUT I WAS JUST
GOING TO NOTE THAT IT MAY NOT BE
THAT THAT'S TRUE FOR CATEGORICAL
EXEMPTIONS GENERALLY BUT THAT
THERE IS MORE USE OF CERTAIN
KINDS OF CATEGORICAL EXEMPTIONS
AS COMPARED TO OTHERS.
THEY THINK THIS HIGHLIGHTS WHAT
WAS DISCUSSED IN THE PREVIOUS
PANEL AS WELL BUT FOR EXAMPLE.
BREAKING OUT WHAT WE HAVE I MEAN
YOU HAVE. FOR URBAN INFILL
PROJECTS S. HUNDRED AND SEVENTY
TWO OF THE PROJECTS WE LOOKED A
FIT INTO THAT CATEGORY OF
CHEMICAL EXTENSIONS AND THEN IN
THE OTHERS IT WAS.
ONE TO THREE YOU CAN SEE A BIG
DIFFERENCE AND WHICH ONES ARE
BEING USED. TO THAT MAY SPEAK
MORE TO THE COMPLEXITY OF THE
CATALOG EXEMPTION RATHER THAN
WHETHER OR NOT THEY'RE WILLING
TO USE THEM.
AND I THINK ANOTHER FACTOR IS
THE UNDERLYING POLITICS OF THE
LOCAL GOVERNMENT I MEAN THE
IMPLICATION OF DISCRETIONARY
REVIEW.
IS THAT OF A LOCAL GOVERNMENT
DOES WANT APPROVE OF DOES NOT
WANT TO APPROVE A PROJECT IT
DOESN'T HAVE.
TO AND DISCRETIONARY REVIEW GETS
A LOCAL GOVERNMENT VETO POWER
OVER WHETHER PROJECTS PROCEED.
AND THAT IS WELL YOU CAN OBSERVE
IT IN OUR DATA AND I WOULD BE
SHOCKED.
IF THIS WAS SIGNIFICANTLY
DIFFERENT IN MOST CITIES AROUND
THE STATE SO I'D LIKE TO ASK ONE
QUESTION THAT WE'RE GONNA OPEN
IT FOR PUBLIC COMMENT.
YOU'D MENTIONED EARLIER THE NEED
TO COLLECT MORE DATA --
I THINK WE'RE ALL SORT OF
OPERATING A LITTLE BIT IN THE
BLIND I THINK WERE OPERATING
FROM OLD INFORMATION POTENTIALLY
FROM THE MYTHOLOGY AND THE
ILLUSION OF WHO THE BAD GUY IS
IF THERE IS A BAD CAR CERTAINLY
WHO THE IT WHAT THE IMPEDIMENTS
ARE.
IF YOU WERE TO CRAFT SOME
LEGISLATION IF WE WERE TO CRAFT
SOME LEGISLATION TO ASSIST IN.
OBTAINING THAT ADDITIONAL DATA
THAT AS FIGURE OUT JUST WHERE
THE PROBLEMS ARE WHAT THEY ARE
AND THEN HOW TO FIX THEM.
WHAT ADDITIONAL INFORMATION
WOULD YOU WANT TO BE INCLUDED IN
THAT LEGISLATION?
I'M GOING TO DEFER TO JULIA
BECAUSE SHE WAS THE LEAD ON DATA
COLLECTION SHERRY [inaudible]
WELL.
I'M SO.
THERE IS NO THERE IS RECENT
LEGISLATION AROUND --
INCREASED REPORTING REQUIREMENTS
UNDER THE HOUSING ELEMENT WHICH
I THINK IS A REALLY GOOD FIRST
STEP.
I THINK THE ISSUE IS AND WHEN
YOU TALK TO PLANNERS --
IS THAT THEIR ABILITY TO TRACK
DATA INTERNALLY IS VERY LIMITED
IN ITS VERY CONSTRAINED BY THE
EXISTING SYSTEMS THAT THEY HAVE
IN PLACE --
AND YOU KNOW AS WE MENTIONED IN
OUR TAKE AWAYS.
IT ALSO REALLY IMPACTS HOW THEY
MANAGE PROJECTS --
SO I THINK ASSISTANCE TO LOCAL
GOVERNMENTS IN A PARTICULARLY
SMALLER JURISDICTIONS THAT DON'T.
HAVE THE CAPACITY TO KIND OF
MANAGE THESE LARGER SOFTWARE
PLATFORMS AND WHEN I'M TALKING
ABOUT THESE PLATFORMS IT'S
THINGS LIKE A REALLY COMMON --
USES EXCEL OF IT'S NOT LIKE
UNIFORMLY ADOPTED BUT THE
UTILITY OF EXCEL --
LIKE A LOCAL GOVERNMENT CAN ADD
DIFFERENT MODULES BUT THAT
DEPENDS ON YOUR ABILITY TO
MANAGE THOSE MODELS TO PAY FOR
THOSE MODELS --
SO A LOT OF SMALLER CITIES YOU
KNOW JUST HAVE VERY BASIC.
KIND OF ACCESS --
YEAH PERHAPS WHAT WE CAN DO
AFTER THIS IS GET INFORMATION
BECAUSE I WOULD BE VERY
INTERESTED AGAIN WE WANT TO FIX
THE RIGHT PROBLEM.
AND IN ORDER TO DO THAT IT
SOUNDS LIKE WE NEED MORE DATA.
AND WE JUST DON'T HAVE IT SO
THAT MIGHT BE HELPFUL AS WELL
AND I VERY MUCH APPRECIATE YOUR
YOUR WORK.
BE VERY HAPPY TO ASSIST WITH
THAT [inaudible]
SO.
WE DON'T THIS.
THANK YOU FOLKS VERY MUCH WE'RE
NOW GOING TO GO TO PUBLIC
COMMENT.
OF WE'VE GOT ABOUT HALF AN HOUR
IN IF YOU WOULD STEP FORWARD
GIVE US YOUR NAME.
YOUR AFFILIATION AND TWO MINUTES
PLEASE.
GOOD AFTERNOON GOOD AFTERNOON
THANK YOU CHAIRS FOR THIS
OPPORTUNITY TO SPEAK BEFORE YOU
TODAY.
MY NAME IS CHELSEA TO I'M A
SENIOR ATTORNEY WITH THE CENTER
ON RACE POVERTY AND THE
ENVIRONMENT SYRUPY.
WERE IN ENVIRONMENTAL JUSTICE
ORGANIZATION AND WHERE PRIMARILY
BASED ON WORK WITH COMMUNITIES
AND TULARE INCURRING COUNTIES.
LOW INCOME COMMUNITIES.
OF COLOR THAT WE WORK WITH LIVE
IN EXTREMELY POLLUTED
NEIGHBORHOODS.
THAT ARE FACING MULTIPLE SOURCES
OF POLLUTION INCLUDING FROM OIL
AND GAS WELLS LARGE AGRICULTURAL
OPERATIONS AND WAREHOUSES.
SO I'M HERE TODAY TO HIGHLIGHT
THE GENERAL AND FUNDAMENTAL THE
CALIFORNIA BAR ENVIRONMENTAL
QUALITY ACT TO PROTECTING THE
ENVIRONMENT OF ALREADY BURDENED
COMMUNITIES.
LIKE THOSE IN KERN AND TULARE.
TO EACH A COMMUNITIES SEQUENCE
PUBLIC PARTICIPATION
REQUIREMENTS ARE.
THE ONLY MEANS OFTENTIMES TO
FIND OUT ABOUT LARGE DEVELOPMENT
PROJECTS ARE COMING TO THEIR
NEIGHBOR.
DILUTES THE MICHAEL KNIGHT IN.
OR ANY DEVELOPMENT FOR THAT
MATTER.
SEEK WAS IN BERMAN ANNOUNCES AN
INFORMATIONAL REQUIREMENTS ARE
OFTEN THE ONLY WAY THAT
COMMUNITIES CAN LEARN WHAT
ADDITIONAL AND CUMULATIVE
IMPACTS A PROJECT MAY BRING.
AND HOW THESE ADDITIONAL BURDENS
MEAN FOR THEM AND THEIR CHILDREN.
ULTIMATELY SEEK WHAT IS OFTEN
THE ONLY RECORDS THAN BERMAN
JUSTICE COMMUNITIES HAVE TO
CHANGE THE PROJECT.
SO THAT THEIR CHILDREN CAN BE
FREE FROM ASTHMA AND CANCER AND
HAVE A BETTER FIGHTING CHANCE IN
LIFE [inaudible]
IN CONCLUSION.
IT'S NOT JUST WORDS ON PAPER OR
A CUMBERSOME STATUTE.
IT IS AN EFFECTIVE.
CIVIL RIGHTS SOLUTION BY AJ
COMMUNITIES NEED AND USE IN
ORDER TO SPEAK FOR THEMSELVES
AND PROTECT THEIR RIGHT TO CLEAN
AIR WATER AND SOIL.
URGE YOU TO UPHOLD THE INTEGRITY
OF SEEK WERE AND THE ABILITY FOR
ENVIRONMENTAL JUSTICE
COMMUNITIES THROUGHOUT THE STATE
TO CONTINUE FIGHTING FOR THESE
BRIGHT AS YOU CONTINUE THIS
CONVERSATION THANK THANK YOU
VERY MUCH.
MUCH APPRECIATED GOOD AFTERNOON
IN LIBERTY MIGHT LIFT MY COUPLE
A BIT.
HOW CAN EXACT DIRECTOR OF
PLANNING CONSERVATION LEAGUE --
THANKING BENCHER FOR HOLDING
THIS YEAR AND IT'S BEEN GREAT.
I DEFINITELY THINK THIS WAS MORE
EXCITING THAN THE DMV HEARING --
WHO KNOWS?
THE AS WE HEARD FROM JUSTICE
WILL BE YOU KNOW SEEK WAS THERE
A PROCEDURE AND THAT PROCESS IS --
IS CHALLENGED --
AND BECAUSE PCL WAS ONE OF THE
ORIGINAL INITIATORS OF PEACE
OFFICE AND BY THE WAY IT WAS
APPROXIMATELY FOUR PAGES.
OF WHEN IT WAS FIRST DONE SO A
MUCH DIFFERENT TODAY.
AND SO THE PAST SEVERAL YEARS
YOU SEEN AS HERE ALL THE TIME
YOUR COMMITTEES DEFENDING SEEK
WORK.
ABOUT A YEAR AND A HALF AGO WE
DECIDED IT WAS TIME FOR US TO
STEP UP ALONG WITH MANY OF OUR
PARTNERS ACROSS THE STATE.
AND TAKE A LOOK AT SEEK WITH TWO
POINT.
OH SO I'M GONNA TRUNCATE MIGHT
TESTIMONY HERE BECAUSE I WANT TO
LET SOME OF THE PEOPLE SPEAK BUT
THE PC ALONG WITH MANY PARTNERS
AND AND YOU SHOULD PROJECT LAST
YEAR TO BEGIN SECRET TWO POINT
OH UPDATE TO IDENTIFY THE
PROBLEMS.
THAT HAVE ARISEN WITH
IMPLEMENTATION IS THE COURT FROM
THE BUSINESS ENVIRONMENTAL
ADVOCATE AND GOVERNMENTAL AGENCY
PERSPECTIVES.
AND THE PROPOSED AMENDMENTS TO
SEE QUIRK THAT COULD RESOLVE
THOSE PROBLEMS WITHOUT REDUCING
THE INFORMATIONAL AND
ENVIRONMENTAL PROTECTION
BENEFITS.
WITH A TEAM OF SECRET PETITIONER
PRACTITIONERS AND ATTORNEYS FROM
ACROSS THE STATE REPRESENTING
LEAD AGENCIES DEVELOPERS AND
PETITIONERS WE'VE BEEN WORKING
THE LAST SIX MONTHS AND WILL
CONTINUE TO WORK THROUGH TUNE
TWENTY NINETEEN TO UPDATE SEEK
WORK.
WITH THE OBJECTIVE TO MAKE IT
MORE EFFICIENT EFFECTIVE AND
PREDICTABLE.
WE ARE USING THIS YEAR TO BRING
STAKEHOLDERS TOGETHER AND CRAFT
THE PROPOSED LEGISLATION FOR
TWENTY TWENTY THE FIFTIETH
ANNIVERSARY OF SEQUEL.
WE ARE DRESSING DOZENS OF
TECHNICAL ADMINISTRATIVE
PRIORITY AREAS SUCH AS THE
ADMINISTRATIVE RECORD.
MANDATORY SETTLEMENT CONFERENCES
EXPOSURE TO FUTURE HAZARDS.
COMMENT DEADLINES APPROPRIATE
BASS LINES GIGI MITIGATION.
ANNA RONI'S LAWSUITS WITH ONLY
FINANCIAL SETTLEMENTS AND NO
ENVIRONMENTAL MITIGATION.
BY THE WAY THAT HURTS ALL OF US
AND WHAT SEEK WAS MEANT TO DO.
WE ARE FORMING A BROAD AND
BALANCE STAKEHOLDER GROUP TO
ADDRESS THESE PRIORITIES AND
PROPOSED FIXES AND WITH YOUR
HELP AND STRATEGIC FOCUS WE CAN
ADDRESS A LARGE NUMBER OF
CHALLENGES SECRET FACES THEY IN
THIS UPDATE.
THANK OUT WE'RE HOPING TO DO
THIS FOR TWENTY TWENTY WE WOULD
LOVE YOUR HELP ASSISTANCE.
WE'RE WORKING WITH STAKEHOLDERS
ACROSS THE STATE TO DO THIS AND
WE HAVE A PRIORITY LIST OF ABOUT
THIRTY THREE THINGS TO FIX AND
SEE WHAT WONDERFUL WITH CLOTHING
FOR TO IT THANK YOU SO MUCH.
GOOD AFTERNOON TORY BALLOTS
GIBBONS FROM SHOE MODELING
WEINBERGER.
SINCE NINETEEN EIGHTY ATTORNEYS
THAT SHE MAHALI HAVE REPRESENTED
PUBLIC AGENCIES ENVIRONMENTAL
ORGANIZATIONS.
AND COMMUNITY GROUPS AND CIVIL
LITIGATION.
THE LAST FORTY YEARS WE'VE
WATCHED THE GROUP PLAY A VITAL
ROLE THESEENVIRONMENT AND WE
ARE DEEPLY CONCERNED WITH
EFFORTS TO BLAME SEEKER FOR
CALIFORNIA'S HOUSING CRISIS. TOO
OFTEN REFERRED MISINFORMATION
ABOUT SEQUEL LITIGATION IN THE
HOUSING CONTEXT.
WHETHER BY UTILIZING NON
STANDARD DEFINITIONS OF INFILL
TO PRODUCE MISLEADING NUMBERS OR
BY FOCUSING SOLELY ON ON
ANECDOTAL EVIDENCE.
OPPONENTS OF CIGARETTE MADE
EVERY EFFORT TO MANIPULATE THE
FAX MAKES DEEP SEA QUEST KEEP GO.
TO AID THE COMMITTEE'S EFFORTS
TODAY I'D IKE TO DRAW YOUR
ATTENTION TO A FEW FACTS.
FIRST FEW HOUSING PROJECTS
UNDERGO FULL ER REVIEW.
AS WE'VE HEARD TODAY.
THE TWO TWO THOUSAND EIGHTEEN
ASSOCIATED ENVIRONMENTAL
PROFESSIONALS SURVEY.
OF COUNTIES REVEAL BIT BETWEEN
TWENTY FIFTEEN AND TWENTY
SEVENTEEN ONLY 6% OF HOUSING
PROJECTS WERE REVIEWED BY ER'S.
SECOND HOUSING PROJECTS FACE
OTHER NON SECRET BARRIERS AS HAS
BEEN DISCUSSED EXTENSIVELY TODAY.
THOSE THOSE BARRIERS DESERVE
FURTHER TENSION WE ENCOURAGE
EVERYONE TO FOLLOW UP THERE.
AND FINALLY THE ALREADY LOW
FREQUENCY OF SECRET LITIGATION
HAS NOT INCREASED IN THE LAST
SEVENTEEN YEARS.
DESPITE THE STATE'S TREMENDOUS
GROWTH IN THAT PERIOD.
AS WE ALL MAY BE FAMILIAR.
FEWER THAN 1% OF ALL SECRET
PROJECTS UNDERGOING
ENVIRONMENTAL REVIEW ARE
INVOLVED IN LITIGATION.
BETWEEN TWO THOUSAND TWO AND TWO
THOUSAND EIGHTEEN ON AVERAGE
FEWER THAN TWO HUNDRED SEAT NEW
SECRET CASES HAVE BEEN FILED A
YEAR.
AS THE BE EIGHTY URBAN ECONOMICS
POINTED OUT IN ITS RECENT STUDY.
THOUGH THE NUMBER OF LAWSUITS
HAS FLUCTUATED SLIGHTLY OVER THE
YEARS THERE HAS BEEN NO TREND OF
DRAMATIC INCREASES DESPITE
POPULATION GROWTH.
OF OVER TWELVE POINT 5% IN THAT
PERIOD. FOR SOME PERSPECTIVE.
ONE HUNDRED AND EIGHTY THREE NEW
SECRET PETITIONS WERE FILED IN.
TWO THOUSAND TWO ONE HUNDRED AND
SEVENTY THREE NEW SECRET
PETITIONS WERE FILED IN.
TWO THOUSAND EIGHTEEN IN SOME
THE FAX SIMPLY DON'T SUPPORT
THIS MYTH OF SECRET LITIGATION.
WE MAKE.
THANK YOU FOR YOUR TESTIMONY.
HI GOOD AFTERNOON MY NAME IS
ASHLEY WARNER I'M A SENIOR
ATTORNEY WITH LEADERSHIP COUNCIL
FOR JUSTICE AND ACCOUNTABILITY
BASED IN FRESNO AND THANK YOU SO
MUCH FOR LETTING US SPEAK TODAY
AND AND DISCUSSING THIS
IMPORTANT ISSUE.
I'M TO DIVIDE A LITTLE CONTEXT
LEADERSHIP COUNCIL WORKS
DIRECTLY WITH RESIDENTS FOR MORE
THAN THIRTY COMMUNITIES
THROUGHOUT THE SAN JOAQUIN
VALLEY IN THE EAST COACHELLA
VALLEY.
AND DISADVANTAGED COMMUNITIES
THAT ARE AMONG THE MOST FOR IT
AND IN THE STATE BY MULTIPLE
SOURCES OF POLLUTION --
LIKE CHELSEA MISSED TWO I ALSO
TRAVEL HERE.
TO AND TO THE COMMUNITIES THAT
WE WORK WITH AS A AS A BASIC
CIVIL RIGHTS TOOL TO ENSURE THAT
THESE COMMUNITIES HAVE A VOICE
IN CRITICAL LAND USE DECISIONS
THAT IMPACT RESIDENTS.
ABILITY TO REMAIN IN THEIR HOMES
AND ENJOY AT A SAFE AIR AND
DRINKING WATER QUALITY AND AND
AND MANY OTHER AMENITIES AND
BASICS AND ENVIRONMENTAL QUALITY
THAT WE TAKE FOR GRANTED.
AND AND THEN CONSIDERING SEEK
WHY IN THE CONTEXT ARE EVAN ARM
HOUSING CRISIS I'M I THINK IT'S
REALLY IMPORTANT TO EMPHASIZE
AND NOTE THAT SEQUENCE CRITICAL
TO PROTECTING HOUSING STABILITY
IN QUALITY.
AND IN EXIST AT EXISTING HOUSING
AND DISADVANTAGED COMMUNITIES
WHERE NOXIOUS INCLUDING LAND
USES ARE OFTEN LOCATED I AM VERY
BRIEFLY I'D LIKE TO SHARE ONE
EXAMPLE BASED IN FRESNO OF WHY I
THINK SEEK WAYS SUCH AN
ESSENTIAL TOOL.
AND LAST YEAR AT THE CITY OF
FRESNO APPROVED A TWO POINT ONE
MILLION SQUARE FOOT SERIES OF
WAREHOUSES WITH A VERY VERY
MINIMAL LEVEL OF REVIEW WITHOUT
STUDYING THE WATER SUPPLY
IMPACTS ON RESIDENTS AND YOU
WERE RIGHT ACROSS THE STREET
FIND WELLS THAT WERE DRYING.
AND WITHOUT LOOKING AT THE
IMPACTS OF THE THOUSANDS OF
DIESEL EMISSION TRACKS EVERY DAY
ON THE KIDS WITH THAT WOULD GO
TO SCHOOL I'M JUST A HALF MILE
AWAY IN THE RESIDENTS ACROSS THE
STREET I'M I'M IN MANY OTHER
IMPACTS WE CAN TALK ABOUT
SPECIFICALLY.
AND AND REALLY FUNDAMENTALLY
WITHOUT GIVING RESIDENTS ANY
NOTICE AN OPPORTUNITY TO PROVIDE
INPUT BEFORE MAKING THAT
DECISION AND BECAUSE OF SEEK
WHAT RESIDENTS WERE ABLE TO
ENGAGE.
AND AND REQUIRE THE CITY TO LOOK
MORE IN DEPTH THOSE ISSUES
BEFORE THE PROJECT MOVED FORWARD
AND ENSURE THAT REALLY THEY'RE
ABLE TO REMAIN IN THEIR HOMES AS
A SAFE PLACE FOR THE LONG TERM
AND SO THAT'S ALL STOP FOR NOW
BUT AND THANK YOU SO MUCH.
THANK YOU FOR BEING HERE THANK
YOU SIR SIX WITH THIS GOOD
AFTERNOON SENATORS BRENNAN
DAWSON POLICY COUNCIL FOR SIERRA
CLUB.
GOOD OF THE COUNTRY WHAT MANY
WOULD HAVE YOU BELIEVE SECRETS
PURPOSES NOT O STOP OR HALL
PROJECTS OR DEVELOPMENT.
THE REQUIREMENT OF DISCLOSURE
MITIGATION SIGNIFICANT
ENVIRONMENTAL IMPACTS IS A
PROCESS THAT INFORMS COMMUNITIES
OF POTENTIAL ENVIRONMENTAL HARMS.
SUCH AS AIR AND WATER POLLUTION
WHAT FAR RISK AND SAFETY
MEASURES AND CLIMATE CHANGE
IMPACTS AND ALSO ALLOWS FOR
GREATER PROTECTION CALIFORNIA'S
NOW TO RESOURCES.
MOREOVER THE REQUIREMENT PUBLIC
PARTICIPATION BEFORE A PROJECT
IS APPROVED.
ENSURES THAT RESIDENTS IN
COMMUNITIES HAVE A CHANCE TO
WEIGH IN ON MAJOR IMPACTS IN
MAJOR PROJECTS IN THEIR BACKYARD
[inaudible]
THANK YOU.
THANK YOU NEXT WITNESS.
GOOD AFTERNOON CHAIR AND MEMBERS --
MELISSA ROMERO WITH THE
CALIFORNIA LEAVE CONSERVATION
VOTERS I WANT TO ECHO THE
COMMENTS MADE BY MY COLLEAGUE
FROM THE ENVIRONMENTAL
ENVIRONMENT JUSTICE COMMUNITY
THAT CAME BEFORE ME.
WE SHARE THE CONCERNS THAT OF
THE CONTINUED NOTION THAT SEEK
WHAT IS AN IMPEDIMENT TO
DEVELOPMENT.
AND WE ARE ACUTELY AWARE AND
SENSITIVE TO THE HOUSING NEEDS
IN THE STATE.
CLEAN AIR CLEAN WATER AND
AFFORDABLE HOUSING SHOULD BE A
RIGHT AFFORDED TO ALL
CALIFORNIANS BUT EACH YEAR WE'RE
TOLD THE SEQUEL IS THE PROBLEM
AND EACH YEAR BILLS ARE
INTRODUCED TO STREAMLINE THE
PROCESS AND EACH YEAR WE'RE TOLD
THAT IT'S NOT ENOUGH.
ANY EFFORT TO WE CAN SEE C
WON'T CHANGE THE OTHER
IMPEDIMENTS IDENTIFIED BY
DEVELOPERS NOR WILL THEY CHANGE
THE OTHER IMPEDIMENTS THAT WERE
HIGHLIGHTED IN TODAY'S PANELS
ALL IT WILL DO WILL --
WILL HURT THE COMMUNITIES THAT
SEE WHAT PROTECTS AND PROVIDES A
VOICE.
TO WE REALIZE THAT THOSE OTHER
IMPEDIMENTS MAYBE HARDER MORE
DIFFICULT TO LEGISLATE BUT WE'RE
COMMITTED TO WORKING WITH THE
LEGISLATURE ON ADVANCING POLICY
THAT INCREASES HOUSING SUPPLY
THANK YOU.
THANK YOU VERY MUCH NEXT WITNESS.
GOOD AFTERNOON MADAM CHAIR
MISTER CHAIR AND MEMBER I'M I
REALLY APPRECIATE YOU HAVING
THIS HEARING AND APPRECIATE THAT
ALL THREE OF YOU EXPECT
CONSIDERABLE TIME OVER THE YEARS --
AND YOUR STAFF'S WORKING ON SEA
QUEST AND I THINK PART OF THE
PROBLEM IS THAT --
YOU KNOW PEOPLE ESPECIALLY IN
THIS BUILDING GET IN THEIR
TRENCHES AND THE DEBATE IS
FRAMED AS SEEK WHAT IS THE CAUSE
OF THE HOUSING CRISIS OR THERE'S
NO PROBLEM WITH SEQUEL AT ALL.
AND THE ANSWER IS IT'S NEITHER
OF THE ABOVE YOU KNOW WHEN I WAS
LOOKING AT THE EIGHTY P. STUDY
AND THEY SAY YOU KNOW SOME
DEVELOPERS SAY.
SEQUENCES HUGE PROBLEM THEY SAID
HOWEVER SEEK WITH SUPPORTERS
MAINTAIN THAT IS CRITICAL TO
ANALYZE AND MITIGATE
ENVIRONMENTAL IMPACTS ASSOCIATED
WITH HOUSING DEVELOPMENT ON
BEHALF OF CD I LET ME SAY
ABSOLUTELY THAT IS TRUE AND
SEQUEL PLAYS.
A CRITICAL ROLE THAT BEING SAID
SINGLE LIKE THE TAX CODE RIGHT
WE SAT WE WE'VE PUT IT DOWN IF
YOU LOOK AT SEE QUITE AS THE LAW
IT COMES WITH A TREMENDOUS
AMOUNT OF STREAMLINING.
FROM ITS INITIAL INCENTIVE IN
SENT --
INCEPTION TO THE BILLS THAT
WE'VE PASSED OVER THE YEAR BY
INGENIOUS ATTORNEYS FIGURE OUT
WAYS TO FILE LITIGATIONS FOR
REASONS THAT OFTENTIMES HAVE
NOTHING TO TO DO WITH THE
ENVIRONMENT.
AND SO WHEN YOU LOOK AT WHAT THE
ISSUE IS IN THIS BUILDING IT'S
NOT ABOUT ENVIRONMENTAL
PROTECTION I CAN'T RECALL THE
LAST TIME I GOT UP BEFORE YOU
AND SAID.
YOU KNOW WHAT THIS ENVIRONMENTAL
BAR IS TOO HIGH BUT WHAT I DO
REGULARLY GET UP AND SAY IS WE
HAVE A SEAT WHAT LITIGATION
ABUSE PROBLEM AND THIS IS BORNE
OUT BY THE SEA.
QUOTA QUOTE EXEMPTIONSTHAT HAVE
COME WHEN PEOPLE POINT TO THE
BIGGER MEANNESS AND I CAN'T
REMEMBER IF IT WAS JUSTICE ROBY
ARE OR THE EIGHTY P.
REPRESENTATIVE THEY SAID THOSE.
ACTUALLY WERE NOT EXEMPTIONS
THOSE THOSE PROJECTS HAD TO MEET
A HIGHER ENVIRONMENTAL BAR AND
WE ARE THOSE WHERE THE BILL'S
WENT TO WAS GETTING SOME
LITIGATION STREAMLINING SO I
THINK.
PUTTING OUR HEADS TOGETHER AND
WORKING ON THIS ON THE
STREAMLINING IS WELL WORTH IT
AND JUST TO TO CLOSE A COMMENT
ON THE STUDIES THAT HAVE BEEN
PRESENTED --
YOU KNOW WE HAVE LOTS OF DUELING
STUDIES SO I'LL SHARE WITH YOU
THAT -- A
STUDY IN ENTITLED IN THE NAME OF
THE ENVIRONMENT BY THE LAW FIRM
HOLLAND AT NIGHT FOUND IN A
THREE YEAR --
BETWEEN TWENTY TWELVE AND TWENTY
FIFTEEN IN THE SIX COUNTY
HUNDRED NINETY ONE CITIES GAG
REGION FOURTEEN THOUSAND HOUSING
UNITS AND A TWO HUNDRED AT
HOMELESS SHELTERS WERE
CHALLENGED.
AND 70% OF THOSE CHALLENGE WHEN
TRANSIT ORIENTED DEVELOPMENT
ISSUES THANK YOU SO IT JUST
LEAVES US TIME TO DO SOME GOOD
WORK TO WOULD YOU JUST ALSO FOR
THE RECORD GIVE YOUR NAME AND
YOUR AFFILIATION SORRY CASSIE
GILSON ON BEHALF OF THE
CALIFORNIA BUILDING INDUSTRY IS
AT STAKE YOU.
VERY MUCH IN THE HALL INTO NIGHT
STUDY WAS BASED ON A VERY SMALL
SAMPLE SIZE.
OF PROJECTS THE GET LITIGATED SO
AGAIN WE'VE GOT TO GET BETTER
DATA -- WE
TRY TO PRESENT SOME OF IT HERE
BUT RATHER THAN HAVE DUELING
NUMBERS WE REALLY NEED TO GET TO
THE BOTTOM OF THIS AND I
APPRECIATE YOUR COMMENTS AND AND
CONCERNS.
THANK YOU AND THANK YOU I'M AN
AFFILIATION FIRST --
ADAM WRIGLEY ON BEHALF OF THE
CALIFORNIA CHAMBER OF COMMERCE I
WANTED TO ECHO CBI IS COMING I
THINK.
THE ANSWER FOR US IS SOMEWHERE
IN THE MIDDLE I THINK --
AS CASSIE MENTION WE HAVE BEEN
ENTRENCHED IN OUR OWN CAMPS I'VE
BEEN EDUCATED MEMBERS ON WHERE
THEY NEED TO SORT OF FIND MORE
MIDDLE GROUND IN TERMS OF SEQUEL
ISN'T THE ONLY PROBLEM WITH
DEVELOPMENT OF HOUSING
CALIFORNIA.
BUT I DO THINK --
AND THIS IS COMING FROM SOMEONE
USED TO LITIGATE SEQUEL ON THE
PLAINTIFF'S SIDE AND ALSO
REPRESENT THE AGENCIES IN
ANOTHER CAPACITY.
THE THREAT OF SEQUEL LITIGATION
IS OFTEN JUST AS MUCH AS OF A
PROBLEM AS THE ACTUAL FILING OF
THE LITIGATION I THINK WE WE
ECHO YOUR POINTS THAT MORE DATA
ON A SORT OF THOSE THAT ARE NOT
CAPTURED.
NECESSARILY IN THE DATA WE HEARD
TODAY -- IS
IS IMPORTANT FOR THIS
CONVERSATION BECAUSE I THINK
DOING STATISTICS --
AND AS I THINK CABALLERO MENTION
THIS IS A CAN BE USED --
FOR YOUR NARRATIVE AND SO I
AGREE HAVING THIS TODAY THANK
YOU SITE I'D LIKE TO SUBMIT THAT
THE TEST THAT THE DATA DONE BY A
UNIVERSITY IS IMPARTIAL AND
THERE'S NO FINANCIAL INTEREST.
INVOLVED IN IT BUT AGAIN THERE'S
A LOT MORE INFORMATION THAT I
THINK WOULD BE VERY HELPFUL.
WHETHER IT'S TO DISCUSS SEEK
WHAT WARS.
OTHER IMPEDIMENTS WHICH SEEM
RATHER CLEAR ARE CAUSING SOME OF
THE CHALLENGES WE HAVE OUR LAST
PUBLIC.
WITNESS NAME AND AFFILIATION IN
YOUR TWO MINUTES PLEASE OR LESS
IS FINE.
TOO I'M SORRY EARNED AND I'M
WITH THE WESTERN CENTER ON LAW
AND POVERTY --
AS BOTH A HOUSING ADVOCATE AND
SOMEBODY WHO HAS WORKED WITH LOW
INCOME COMMUNITY GROUPS
NAVIGATING THE SECRET PROCESS
IT'S BEEN --
FAIRLY FRUSTRATING TO WATCH SEEK
WOULD BE BLAMED FOR THE HOUSING
CRISIS AT TIMES.
I THINK IT'S REALLY IMPORTANT
WHILE OFTEN UNDERSTANDABLY THESE
CONVERSATIONS ARE FOCUSED ON
LITIGATION AND WHAT THAT LOOKS
LIKE AND WHAT PROJECTS ARE BEING
CHALLENGED IN COURT.
I THINK WE REALLY NEED TO KEEP
IN MIND THE OTHER 99% OF SECRET
PROJECTS --
AND WHAT HAPPENS THROUGHOUT THE
SEEKER PROCESS I THINK IT'S
REALLY IMPORTANT TO NOTE THAT.
PROJECTS AREN'T THE SAME AT THE
BEGINNING AND THE END OF THE
SECRET PROCESS AND WHAT HAPPENS
IN THE MIDDLE --
IS WHAT'S BEEN CALLED THE HEART
OF SEQUEL WHICH IS PUBLIC
PARTICIPATION IN PUBLIC
INFORMATION.
AND THE ABILITY FOR COMMUNITIES --
TO TO WEIGH IN ON WHAT THE TRUE
IT IS I'VE SEEN COMMUNITY GROUPS
PROTECT THEMSELVES BOTH FROM
AND THE DISPLACEMENT THING CAM
THAT CAN RESULTFROM NOT --
BY WEIGHING IN DURING THE SECRET
PROCESS SPEAKING TO DISPLACEMENT
PRESSURES AFFORDABILITY ISSUES
SPECIFIC PHYSICAL FEATURES ARE
PROJECTS --
AND AS A RESULT THOSE PROJECTS
HAVE BEEN.
IMPROVED THEY'VE HAD MEDICATION
MEASURES REQUIRED TO DEAL WITH
FORMER INDUSTRIAL CONTAMINATION
TO PREVENT --
OIL EXTRACTION AND RESIDENTIAL
USES NEXT DOOR TO EACH OTHER --
AND TO REALLY MAKE SURE THAT
THAT WERE WATCHING OUT FOR THE
HEALTH OF THE CHILDREN THAT WILL
BE LIVING IN THESE PROJECTS THE
ENVIRONMENT AND THE COMMUNITIES
THAT -- THAT
THEIR AIM TO IMPROVE SO THANK
YOU.
VERY MUCH THAT CONCLUDES THE
PUBLIC COMMENT POLL A PORTION OF
A COACH HERE --
ENVIRONMENTAL QUALITY IT CHAIR.
THEN ALLEN WOULD YOU LIKE TO
CLOSE WITH JUST TO THINK THAT
THANKS GUYS.
SENATE JACKSON FOR ORGANIZING
THIS REALLY INTERESTING AND I
LEARNED A LOT AND LOT MORE WORK
TO DO.
THANK YOU.
THANK YOU AND I'D JUST LIKE TO
ADD -- YOU
KNOW VERY INTERESTING HEARING
HOPEFULLY ILLUMINATED.
ALL OF US INSTEAD OF SORT OF A
KNEE JERK REACTION THAT THE
PROBLEM WITH BUILDING IS C.
CA. TEN EASY IN EASY
STATEMENT THAT DOESN'T SEEM TO
HAVE A WHOLE LOT OF ASUS IN
REALITY A LOT OF MYTHOLOGY THERE
ARE ISSUES I LOOK FORWARD TO THE
PLANNING AND CONSERVATION LEAGUE
A PERSPECTIVE COMING.
FORWARD THERE CERTAINLY TWEAKS
THAT WE CAN TO A TO CONTINUE
SOME OF THE WORK WE DID
PREVIOUSLY --
WE KNOW THERE ARE A LOT OF
EXEMPTIONS AND STREAMLINING
PROVISIONS THAT HAVE ALSO BEEN
CREATED THAT.
SEEM TO BE WORKING IN MANY
INSTANCES --
DOESN'T APPEAR THAT SEQUENCE.
A IS NOT THE THE THE PRIMARY
BARRIER TO DEVELOPMENT BUT WE DO
WOULD LIKE TO GET MORE DATA.
ON THAT.
AND CERTAINLY GETTING THAT
INFORMATION PERHAPS MOVING THAT
FORWARD THIS YEAR MIGHT BE
HELPFUL AS WELL --
EXPEDITED JUDICIAL REVIEW WE'VE
HEARD ABOUT THE NUMBER OF
INSTANCES WHERE THAT'S OCCURRED
IN ALL THE EFFORTS THAT ARE MADE.
TO RESOLVE THESE MATTERS THROUGH
MANDATORY SETTLEMENT CONFERENCES
AND THE PRESSURES WERE YOU
FORCED TO PEOPLE OR TWO SIDES.
SEVERAL SIDES INTO ROOM TO
SETTLE THE MATTER USUALLY WORKS --
AND THAT.
TO THAT SHE COULD IS A VERY
IMPORTANT ELEMENT IN OUR
ENVIRONMENTAL.
OF CONSIDERATIONS FOR THE STATE
AND ALSO ENVIRONMENTAL JUSTICE
ISSUES I TELL PEOPLE THAT I
THINK BUT FOR SEQUEL WE COULD
VERY WELL LOOK LIKE MIAMI BEACH.
AND IF YOU'VE BEEN THERE YOU
KNOW WHAT I MEAN --
AND CERTAINLY WE PRIDE OURSELVES
OR TO US I HOPE WE DO
CONSIDERING CHEAP TO LIVE HERE.
BUT WE DO HAVE A QUALITY OF LIFE
I THINK THAT'S IMPORTANT TO ALL
OF US AND I HOPE THAT WE CAN.
BE INSIGHTFUL AND THOUGHTFUL AND
CIRCUMSPECT IN HOW WE GO ABOUT
THE FIXING SOME OF THE PROBLEMS
WE HAVE WITHOUT COMPROMISING.
WHAT MAKES THIS SUCH AN
EXTRAORDINARY PLACE TO LIVE SO
WITH THAT?
THANK YOU ALL FOR BEING HERE.
RICHARD