Plan-it sustainably - Northern California Section

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Governor vetoesredevelopmentsurrogatesBy Naphtali H. Knox, FAICPBelow are Governor Brown’s veto messages onredevelopment and related bills.“I am returning Senate Bill 1156 without mysignature. This bill would allow local governmentsto establish a Sustainable CommunitiesInvestment Authority to finance activities withina specified area. …“I prefer to take a constructive look atimplementing this type of program once thewinding down of redevelopment is complete andGeneral Fund savings are achieved. At that time,we will be in a much better position to considernew investment authority. I am committed toworking with the Legislature and interestedparties on the important task of revitalizingour communities.”“I am returning Assembly Bill 345 withoutmy signature. This bill makes changes to theCommunity Redevelopment Law regardingredevelopment agencies’ use of the Low andModerate Income Housing Fund. The intent ofthis bill is to govern use of the 20 percent setaside for low and moderate income housingestablished in SB 1156. Given my veto of SB1156, this bill is premature.”“Sincerely, Edmund G. Brown, Jr.”In addition, the governor vetoed three bills modifyingrules for the establishment of InfrastructureFinancing Districts (IFDs) by local governments —AB 2144, SB 214, and AB 2551 — saying thenew measures “would likely cause cities to focustheir efforts on using the new tools … instead ofwinding down redevelopment. This would preventthe state from achieving the General Fund savingsassumed in this year’s budget.” n2012 Legislative Year in Review forLand Use PlannersBy Alexandra Barnhill, Legislative Director, APA California–NorthernSeptember 30th marked the end of another busy California legislativesession. While it is not possible to summarize all the actions takenon bills that are relevant to land use planners, some of the mostsignificant developments are described below.Redevelopment-related bills vetoed as “premature.” The lossof redevelopment as a tool for economic development has deeplyimpacted local governments. Numerous bills were drafted this sessionto create a replacement tool for redevelopment; however, none ofthem secured the Governor’s approval. (See sidebar for Governor’sveto messages. –Ed.)• SB 214 (Wolk), AB 2144 (Perez), and AB 2551 (Hueso)would have modified the cumbersome rules for the establishmentof Infrastructure Financing Districts (IFDs) by local governments.• AB 345 (Torres) would have made changes to the CommunityRedevelopment Law regarding redevelopment agencies’ use ofthe Low and Moderate Income Housing Fund.• SB 1156 (Steinberg) would have allowed local governmentsto establish a Sustainable Communities Investment Authorityto finance activities within a specified area.Though these bills were not signed into law, the Governorindicated via his veto messages that he is committed to working onrevitalization efforts in upcoming sessions. For now, Brown wants localagencies to focus their efforts on the winding down of redevelopment.Although the Governor does not yet broadly support the use ofIFDs for redevelopment, one exception was made. Brown signedAB 2259 (Ammiano), which creates an IFD for San Francisco’supcoming America’s Cup yacht race. This, along with the vetomessages, signals that IFDs or other redevelopment replacementtools may be approved in the future.Parking Reform measure fails. AB 904 (Skinner) would haveimposed a single statewide parking standard for both nonresidentialand residential infill and close-to-transit projects across California.Facing strong opposition, the author dropped the bill. Similarproposals also failed to gain support in prior sessions. APA Californiaconceptually supports reduced or “smart” parking requirements neartransit-rich areas and has agreed to work with the bill’s sponsors todevelop a new parking proposal for 2013. Northern California APAwill be hosting a forum representing all stakeholders’ views on thistopic on November 9, 2012. More information on the workshop isavailable on the following page.(continued on next page)Northern News 13 November 2012
WORKSHOP:Smart Parking for SmartGrowth: Reformingparking policies for TODThe California state legislature recently proposed“smart” parking policies for transit-rich areas (AB904,Skinner). Join this workshop and discussion withlocal planners and policy makers to share your views.Workshop comments and recommendations will beforwarded to state legislators and to APA California’spolicy and legislation committee.When: Friday, Nov. 9, 2012, 2–4:30 PMWhere: MetroCenter Auditorium,101 Eighth Street, OaklandDirections:www.mtc.ca.gov/about_mtc/directions.htmCost:$5 APA members, $10 Non-APA,Free for planning studentsLight refreshments, space limitedCM | 2.0 pendingRegister and pay:http://www.eventbrite.com/event/4280810018PANELISTS:David Snow, AICP, APA Californiavice-president of policy & legislationEric Figueroa, League of California Cities,public affairs managerJustin Meek, AICP, adjunct faculty, San JoséState University, Urban and Regional PlanningMott Smith, Civic Enterprise Associates, principalTom Pace, City of Sacramento, principal plannerValerie Knepper, MTC, transportation plannerMODERATOR:Prof. Elizabeth Deakin, DCRP, UC BerkeleyQuestions? Contact Hanson Hom at (408) 730-7450or hansonapa@gmail.com, or Emy Mendoza at(510) 326-1919 or mendoza.emy@gmail.com n2012 Legislative Year in Review for Land Use Planners(continued from previous page)Wildfire Prevention Planning bill approved. After manyunsuccessful attempts, Senator Kehoe finally secured adoption of a billthat requires local governments to plan for wildfire hazards. SenateBill 1241 amends the Planning and Zoning Law, requiring cities andcounties to review and update their safety element. The Office ofPlanning and Research will draft guidelines for how plans shouldidentify and address fire danger. Then, local agencies must amend theirsafety element by 2014 to include detailed surveys and maps identifyingareas of high fire severity zones and addressing the risk of fire in StateResponsibility areas.Housing Element Law clarified. Last year, SB 244 (Wolk) amendedthe Planning and Zoning law to require cities to update their land useelement to plan for disadvantaged unincorporated communities withinthe city’s sphere of influence. It was unclear under the law whetherlocal governments were required to undertake new studies or analysisto satisfy this obligation. SB 1090 (Committee on Governance andFinance), the Local Government Omnibus bill, contains a provisionthat clarifies that the responsibilities of each city to update theirGeneral Plan is based upon available information, such as the dataand analysis provided by a LAFCo.Solar Energy Permit bills signed. Under current law, local agenciesmust administratively approve applications to install solar energysystems and only charge a building permit fee that reflects theestimated reasonable cost of providing the service. The Governorsigned into law two new bills relating to solar residential buildingpermit fees:• AB 1801 (Campos) clarifies that a local agency’s solar residentialbuilding permit fees are an issue of statewide concern and must bebased on the costs to issue the permit, not the value of the solarsystem or other factors.• SB 1222 (Leno) places a cap on building permit fees on what localagencies can charge applicants to install solar residential systemsunless the agency can justify their “reasonable costs” with detailedfindings. This bill was controversial because it may establish aprecedence of legislation placing arbitrary caps on permit fees forspecific types of projects.Together with the Office of Planning and Research’s CaliforniaSolar Permitting Guidebook and the County Planning Directors’California Solar Planning Guide, these legislative developmentsprovide a base of information for local agencies to appropriatelypermit residential solar systems.(continued on next page)Northern News 14 November 2012
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