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Are the days of "levels of service" as a performance measure under the California Environmental Quality Act numbered?

HIGHLY CONFIDENTIAL MEMO TO THE EDITOR OF CALIFORNIA PLANNING & DEVELOPMENT REPORT. WARNING: DON'T NOBODY ELSE READ THIS. STRICTLY "ENTRE NOUS." STAY OUT! 

Dear Colleague:

Something has happened to the American sports venue. Despite their great cost, stadiums and arenas  have become as disposable as the paper wrapper on yesterday's tater tots.

Two years ago, when Redevelopment 1.0 ended, it was widely viewed as the end of an era – but maybe not the end of redevelopment. Maybe it would no longer be possible to use tax-increment financing to solve all urban development and infrastructure problems. But surely a new set of techniques would emerge, either as a result of state law (after all, Gov. Jerry Brown promised a replacement) or because local officials and developers would get creative. Redevelopment 2.0 might not be as powerful, but something good would come along.

We're still waiting.

Fresno, the largest city in the Central Valley, is going to keep growing. The question is, in which direction? 

City leaders who are dealing with issues of leapfrog development, declining neighborhoods and strained city services, would like to keep growth inside city limits as infill projects – as the city's recently adopted general plan suggests.  

This week the Huffington Post ran a concerning piece about the recent shooting at Los Angeles International Airport.

A couple of weeks ago, the Cupertino City Council approved the long-awaited, 3.2-million-square-foot Apple Campus 2. Approval means that the building, notable for its purely circular footprint, is to arise on an open field north of Interstate 280, with completion expected in about two years. Designed by architectural luminary Sir Norman Foster, the main office building is notable for a purely circular footprint. Both Apple and the architect suggest that the horizontally oriented, four-story building will be gentler on Gaia than a tall building.

The California Supreme Court has ruled that an inclusionary housing requirement is an exaction rather than a land use regulation – a distinction that means inclusionary housing could be judged by the same nexus and proportionality requirements as other exactions.

California's Office of Planning & Research appears likely to make a major impact this year by revising the General Plan Guidelines and pushing the envelope on the California Environmental Quality Act in a way that hasn't been seem for a decade or more.

So, what did Sen. Darrell Steinberg's last-minute switcheroo mean for CEQA reform? More than you might think.

Will CEQA ever give infill development a break?

SB 731 – now pending in the Assembly – is intended to do just that. But in the latest twist in an increasingly long-running tale, the bill has now been amended in a way that could push CEQA significantly in the direction of assessing the socioeconomic impact of infill development.

As the California legislative session winds down, both CEQA reform and the revival of redevelopment appear headed to Gov. Jerry Brown's desk.

Both bills are being carried by Senate leader Darrell Steinberg, D-Sacramento. They both passed the Assembly Appropriations Committee last Friday. The redevelopment bill – SB 1, virtually unchanged since last spring -- passed 12-5, presumably on a party-line vote. The CEQA bill – SB 731, the subject of endless wrangling in August – passed 17-0.

Recently, economist and entrepreneurship expert Carl Schramm announced a discovery in the pages of Forbes.com: "the practice of city planning has escaped reality." Planners don't see the big picture. They don't understand economic growth. They've unleashed upon us scourges like live-work lofts, fire stations, and bloated pensions.

The First District Court of Appeal has batted down an attempt by the California Building Industry Association to turn CEQA on its head, saying that the passage of significance thresholds is not a project under the environmental law. In so doing, the court concluded that an environmental analysis is not required to examine the environmental impact of the standards used to conduct environmental analysis and assess environmental impact. 

In other words, the appellate court ruled that CEQA does not apply to CEQA – at least not in this case.

Two weeks after it was left for dead, SB 731 – the bill to reform the California Environmental Quality Act – unanimously passed the Assembly Local Government Committee Wednesday. The bill was amended last week to ease parking requirements on infill development but it was unclear whether that would be enough to satisfy the Assembly.