Land Use Zoning Local Policies to Promote Economic Development

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Land Use Zoning Local Policies to Promote Economic Development

  1. 1. Land Use, Zoning and Other Policies to Promote Economic Development 1
  2. 2. 2 League of California Cities Webinar- New Tools for Economic Development July 30, 2013 PRESENTED BY Seth Merewitz Partner Land Use, Zoning and Other Local Policies to Promote Economic Development ©2013 Best Best & Krieger LLP Land Use, Zoning and Other Policies to Promote Economic Development
  3. 3. Overview • Public Agency Approach • Existing Local Authority • Public Private Partnerships • Redevelopment/Economic Development • Public Infrastructure 3 Land Use, Zoning and Other Policies to Promote Economic Development
  4. 4. Public Agency Approach • Need to be Entrepreneurial:  Assess What You Have (… and don’t have)  Prioritize Development Needs and Opportunities • Think strategically • Focus on Goals- Long Term and Short Term  "Act like a Facilitator, Not a Regulator!” • Assist the Process (avoid adversarial approach) • Work to Solutions 4 Land Use, Zoning and Other Policies to Promote Economic Development
  5. 5. Public Agency Approach • Clearly Stated Vision for Community:  Political and Staff Consistency  Adopted Polices and Goals  Positive Community Engagement  Identification of Local Incentives  Awareness of Regional and State Incentives 5 Land Use, Zoning and Other Policies to Promote Economic Development
  6. 6. Public Agency Approach • Transparent Review and Approval Process:  Clear “beginning, middle and end of process” Understood and Communicated by Staff  Expectation of Time to Process Entitlements  Efficient Process: • “One-Stop” • Dedicated Project Contact • Anticipate Opposition 6 Land Use, Zoning and Other Policies to Promote Economic Development
  7. 7. Existing Authority • State Constitutional Authority:  Local “Police Power” (Art. XI, Section 7) • “Health, Safety and Welfare” • “Economic Welfare”  Authority for Economic Development Programs • Need to Identify Public Benefits • Display Real Consideration • Based on Findings in Record 7 Land Use, Zoning and Other Policies to Promote Economic Development
  8. 8. Existing Authority • State Requirements (Planning and Zoning):  Flexibility in Zoning • Form-Based Codes • Planned Unit Development • Specific Plans • Pre-Zoned/Pre-Entitled Land • Transfer of Development Rights  Public Benefit Incentive Zoning/ Value Capture  Long Range Property Management Plans • Potential Catalyst 8 Land Use, Zoning and Other Policies to Promote Economic Development
  9. 9. Existing Authority • Project Processing (CEQA and Permitting):  Expedited Review  Joint Planning Efforts • “Area of Benefit” Districts • Integrated Finance District (the other IFD!) (Gov’t 53175) • Direct Project Assistance  Assemble Land/ Planning Grants  Environmental Remediation  Eminent Domain (only for public purposes) 9 Land Use, Zoning and Other Policies to Promote Economic Development
  10. 10. Existing Authority • Potential Incentives:  Infrastructure • Public Amenities • Utilities  Vested Rights • Development Agreements and Vesting Maps  Exactions/ Development Impact Fee • Citywide Waiver and Delayed Time for Collection  Joint Use Projects 10 Land Use, Zoning and Other Policies to Promote Economic Development
  11. 11. Public Private Partnerships • Two Types:  Redevelopment/ Economic Development  Infrastructure • Answer the Four P’s Before the P3:  What is the Project?  What is the Problem?  Who are the Parties?  What are the Politics? 11 Land Use, Zoning and Other Policies to Promote Economic Development
  12. 12. Public Private Partnerships • Keys to Success:  Understand the Needs of the Parties  Understand the Negotiation “Life Cycle”  Components of Successful P3’s: • Statutory or Constitutional Authority • Shared Risks and Rewards • Stakeholder Support • Clarity on Local and Other Regulatory Processes • Contract with Escalating Remedies • Business Plan 12 Land Use, Zoning and Other Policies to Promote Economic Development
  13. 13. Summary • Evaluate Local Agency • Mindset and Vision • Resources (Land and Incentives) • Explore Existing Local Authority • Don’t Count on State Law Changes • Use Constitutional Police Power • Consider Public Private Partnerships • Redevelopment/ Economic Development • Infrastructure Investments Land Use, Zoning and Other Policies to Promote Economic Development
  14. 14. Thank you Seth Merewitz, Partner Best Best & Krieger LLP 300 South Grand Avenue, 25th Floor Los Angeles, CA 90071 Direct: 213-787-2567 | Cell: 916-496-0588 seth.merewitz@bbklaw.com www.bbklaw.com Land Use, Zoning and Other Policies to Promote Economic Development

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