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Real Estate Development Law Update

   Presented by:
   John Condas
   Bill Devine
   Allen Matkins Leck Gamble Mallory & Natsis LLP


   February 27, 2013




02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
            a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Overview
O    i                                                                                                                                                     2




 • Chapter 4 of RDA Dissolution
 • SB 375 Update
 • Climate Change Impacts on Regional and Local
   Regulations
   R    l ti
 • CEQA Update
 • Other Noteworthy Updates
 • R f h on H
   Refresher Housing P d i T l
                 i Production Tools


 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
RIP, RDA
RIP RDAs                                                                                                                                                   3




 • Chapter 1: AB 26, AB 27

 • Ch t 2 M t
   Chapter 2: Matosantos
                     t

 • Chapter 3: “Clean Up” via AB 1484
      p               p

 • Chapter 4: After AB 1484




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
RIP, RDA
RIP RDAs (cont.)                                                                                                                                            4




 Chapter 1
 • AB 1X 26 and 27 were Approved in June 2011
 • AB 26: Winding down and Dissolution of RDAs
                                        f
 • AB 27: RDAs could Continue Operating if they “Paid to Play”
 Chapter 2
 • California Redevelopment Association and others Sued
 • In California Redevelopment Association v. Matosantos, the
   California Supreme Court Upheld AB 26 and Invalidated
   AB 27
 • Due to the Litigation, AB 26 Deadlines were Delayed

  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
RIP, RDA
RIP RDAs (cont.)                                                                                                                                            5




 Chapter 3
 • AB 1484 “Clean Up”
 Chapter 4
 • Real World Applications and Future of Redevelopment




  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 3 - AB 1484 “Clean U ”
                 “Cl    Up”                                                                                                                                 6




 • AB 1484 to “Clean Up” AB 26
 • Successor Agency to Undertake Due Diligence, Forensic
   Accounting of RDA to Determine “Unobligated Balances”
 • Unobligated Balances to be Transferred to the “Taxing Entities”
 • Due Diligence Report must be sent to Oversight Board, County
   Auditor Controller, Controller and Department of Finance by
   December 15 2012 (October 1 2012 for Low and Moderate
              15,                  1,
   Income Housing Fund)
 • Oversight Board to Review and Take Action on Due Diligence
         g                                              g
   Report by January 15, 2013 (October 15, 2012 for Low and
   Moderate Income Housing Fund)

  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 3 - AB 1484 “Clean U ”
                 “Cl    Up”                                                                                                                                 7




 • Dept. of Finance to Approve Due Diligence Report by
   April 1, 2013 (November 9, 2012 for Low and Moderate Income
   Housing Fund)
 • Once Successor Agency Pays the Unobligated Balances, then
   DOF i
       issues a “Fi di of C
                “Finding f Completion”
                               l ti ”
 • After Finding of Completion issued, all Former RDA Property is
   Transferred to the “Community Redevelopment Property Trust
                       Community
   Fund”




  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 3 - AB 1484 “Clean U ”
                 “Cl    Up”                                                                                                                                8




 • Withi 6 M th of R
   Within Months f Receipt of th Fi di of C
                         i t f the Finding f Completion,
                                                 l ti
   Successor Agency Shall Prepare a “Long Range Property
   Management Plan”
        g
 • Management Plan must be Submitted to DOF for Approval no
   later than 6 Months Following Issuance of the Finding of
   Completion
 • Management Plan Shall Include:
   An Inventory of all Properties
   Address the Use or Disposition of all Properties in the Trust
   Proceeds of Disposition Sent to “Taxing Entities”



 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 3 - R
         Results of DOF Review
             lt f       R i                                                                                                                                 9




 • DOF Denied Funding to Numerous Projects, Based Upon
   Appeals of 240 of the 400 Successor Agencies
 • Oxnard Lost $15.3 Million Loan
 • Santa Clara Suing Based Upon 49ers Stadium




  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 3 - AB 1484 “Clean U ”
                 “Cl    Up”                                                                                                                                 10




 • 56 lawsuits filed
 • 18 lawsuits filed in December 2012
 • 5 lawsuits f
              filed in January 2013
 • 3 lawsuits on appeal




  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 4 - R l World Applications
         Real W ld A li ti                                                                                                                                   11




• Developer – RDA in Negotiation but no Agreement by June 28
                     Negotiation,                         28,
 2011
        Unlikely to be considered an “Enforceable Obligation”

• Developer – RDA Entered into an Exclusive Negotiation
 Agreement
        Possibly
         P ibl an “E f
                  “Enforceable Obli ti ” if ENA h d l specificity
                           bl Obligation”       has deal  ifi it

• Existing Agreement between Developer and RDA
        Enforceable obligation, but subject to review by Oversight Board, Auditor
         Controller, State Department of Finance, or State Controller
        Insure Agreement is on ROPS



   02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
               a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Chapter
Ch t 4 - F t
         Future of Redevelopment
                 fR d    l     t                                                                                                                            12




 • U lik l th t G
   Unlikely that Governor B
                          Brown will allow cities and counties t
                                 ill ll     iti     d     ti to
  divert new redevelopment-generated revenues from the taxing
  entities
 • Therefore, no more tax increment funding
 • Possible Use of Eminent Domain?
 • CFDs
 • Infrastructure Financing Districts




  02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
              a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
SB 375 U d t
       Update                                                                                                                                              13




 • GHG Reduction Targets

 • S t i bl C
   Sustainable Communities St t
                     iti Strategy

 • SANDAG Litigation
              g

 • SCAG SCS




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
SCS C t t
    Content                                                                                                                                                14




 • ID locations of uses, densities and intensities within
   region
 • Areas to house population over 20 year period
 • Areas to house 8 year RHNA projections
 • ID transportation networks to serve region
 • Information re resource and agriculture land
 • Forecast of development pattern
 • Quantify GHG reductions

 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
SANDAG Liti ti
       Litigation                                                                                                                                          15




 • Scope and purpose of SB 375

 • AG' effort to include E.O. S-3005
   AG's ff t t i l d E O S 3005

 • Role of CEQA v. Role of MPO's
             Q

 • State v. local control of land use authority




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
SCAG's
SCAG' SCS                                                                                                                                                  16




 • Land Use Growth Patterns

 • T
   Transportation Network
           t ti N t     k

 • Transportation Demand Management
        p                    g

 • Transportation Systems Management




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Regional and Local Climate Change                                                                                                                          17


Regulatory Trends
 • SCAQMD Advocacy
    – Truck Trip Study
        • Background: ITE Land Use Code 152 for “High
          Cube
          Cube” Warehouses and Logistics Facilities
        • Land Use Code 152 results in lower ADTs and
          lower AM and PM peak hour truck trips resulting in
                                           trips,
             o Less transportation impacts
             o Concomitant decrease in air quality and
               greenhouse gas impacts

 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Regional and Local Climate Change                                                                                                                          18


Regulatory Trends
 • AQMD Responses:
    – Preparation of a “White Paper”, to attempt to
                        White Paper ,
      discredit Land Use Code 152
        • White Paper based upon incorrect information and
          insistence that Land Use Code 152 assumptions
          be changed
    – Preparation of a truck trip study, to attempt to
      discredit Land Use Code 152



 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Regional and Local Climate Change                                                                                                                          19


Regulatory Trends

 • PR 2301 Resuscitated
    – Similar to San Joaquin, APCD Program
                     Joaquin
    – Payment of Air Quality Impact Fee; payment
      required or significant unavoidable impact




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Regional and Local Climate Change                                                                                                                          20


Regulatory Trends

    – Local Trends
    – County of San Bernardino Greenhouse Gas
      Reduction Plan
    – City of Chino Climate Action Plan
    – CEQA Litigation




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
CEQA Update
     U d t                                                                                                                                                 21




 • CEQA Reform

 • SB 226 G id li
          Guidelines

 • CEQA and SB 50
     Q

 • Exemptions

 • Baseline




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
CEQA Reform
     R f                                                                                                                                                   22




 • SB 317 (Rubio) – SB 731 (St i b )
          (R bi )          (Steinberg)

 • Use of existing environmental laws
                 g

 • Consistency with Plan and Plan EIR

 • Consistency with SB 375

 • New Significance Thresholds

 • Litigation Reforms


 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
SB 226 G id li
       Guidelines                                                                                                                                          23




 • Located in urban area

 • S ti f performance standards
   Satisfy   f         t d d

 • Consistency with SCS or APS
             y

 • Falls within scope of Plan prepared with EIR

 • Uniformly applicable development standards




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
CEQA Trends
     T   d                                                                                                                                                 24




 • Flood of lawsuits to get settlement payout

 • L b U i l
   Labor Union leverage suits
                          it

 • School District leverage suits – Chewanakee case
                         g

 • Challenge to exemptions – Berkeley Hillside and
   Tomlinson cases

 • Baseline issues re traffic – Neighbor For Smart Rail
                                   g
   Case

 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Other N t
Oth Noteworthy Updates
               th U d t                                                                                                                                    25




Part I - WATER
 • Draft Water Quality Control Policy

 • Consistency between WSA and EIR

 • Discharge Under CWA L A County Flood Control
                   CWA-L.A.
   case




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Other N t
Oth Noteworthy Updates
               th U d t                                                                                                                                    26



Part II - LAND

 • Serial lot line adjustments okay – Napa case

 • Avoiding Prevailing Wage Requirements in Charter
   Cities – City of Vista case

 • New Burrowing Owl Survey and Mitigation
   Guidelines




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Housing Production Tools Refresher
H   i P d ti T l R f h                                                                                                                                     27




 • Government Code § 65589.5(j)
    – Local Government Cannot Reject or Require a
      Reduction in Density of Housing Projects Unless Health
      and Safety Findings Can be Made (see Honchariw
      case)
 • Government Code § 65863
    – Each Jurisdiction Must Ensure that its Housing Element
      Inventory or its Housing Element Program can Satisfy
      its RHNA N mbers
                Numbers


 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Housing Production Tools Refresher (cont.)
H   i P d ti T l R f h                                                                                                                                     28




    – No Jurisdiction shall Reduce Require or Permit the
                            Reduce,
      Reduction of the Residential Density, for any Parcels, or
      Allow Development of any Parcel at a Lower Residential
      Density Without these 2 Findings:
        • Reduction is Consistent with the Adopted General
          Plan d Housing El
          Pl and H      i Element; and
                                   t     d
        • Remaining Sites Identified in the Housing Element are
          Adequate to Meet the RHNA Numbers
 • Government Code § 65915
    – Density Bonus Law – Especially Powerful Without RDA
      Assistance

 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
Contact
C t t                                                                                                                                                      29




 John Condas                                                                                  Bill Devine
 (949) 851.5551                                                                               (949) 851.5412
 jcondas@allenmatkins.com                                                                     wdevine@allenmatkins.com



                            Allen Matkins Leck Gamble Mallory & Natsis LLP
                                       1900 Main Street, 5th Floor
                                           Irvine, CA 92614
                                                                www.allenmatkins.com




 02.2013 |   © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute
             a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.

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2013 Real Estate Law Update

  • 1. Real Estate Development Law Update Presented by: John Condas Bill Devine Allen Matkins Leck Gamble Mallory & Natsis LLP February 27, 2013 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 2. Overview O i 2 • Chapter 4 of RDA Dissolution • SB 375 Update • Climate Change Impacts on Regional and Local Regulations R l ti • CEQA Update • Other Noteworthy Updates • R f h on H Refresher Housing P d i T l i Production Tools 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 3. RIP, RDA RIP RDAs 3 • Chapter 1: AB 26, AB 27 • Ch t 2 M t Chapter 2: Matosantos t • Chapter 3: “Clean Up” via AB 1484 p p • Chapter 4: After AB 1484 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 4. RIP, RDA RIP RDAs (cont.) 4 Chapter 1 • AB 1X 26 and 27 were Approved in June 2011 • AB 26: Winding down and Dissolution of RDAs f • AB 27: RDAs could Continue Operating if they “Paid to Play” Chapter 2 • California Redevelopment Association and others Sued • In California Redevelopment Association v. Matosantos, the California Supreme Court Upheld AB 26 and Invalidated AB 27 • Due to the Litigation, AB 26 Deadlines were Delayed 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 5. RIP, RDA RIP RDAs (cont.) 5 Chapter 3 • AB 1484 “Clean Up” Chapter 4 • Real World Applications and Future of Redevelopment 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 6. Chapter Ch t 3 - AB 1484 “Clean U ” “Cl Up” 6 • AB 1484 to “Clean Up” AB 26 • Successor Agency to Undertake Due Diligence, Forensic Accounting of RDA to Determine “Unobligated Balances” • Unobligated Balances to be Transferred to the “Taxing Entities” • Due Diligence Report must be sent to Oversight Board, County Auditor Controller, Controller and Department of Finance by December 15 2012 (October 1 2012 for Low and Moderate 15, 1, Income Housing Fund) • Oversight Board to Review and Take Action on Due Diligence g g Report by January 15, 2013 (October 15, 2012 for Low and Moderate Income Housing Fund) 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 7. Chapter Ch t 3 - AB 1484 “Clean U ” “Cl Up” 7 • Dept. of Finance to Approve Due Diligence Report by April 1, 2013 (November 9, 2012 for Low and Moderate Income Housing Fund) • Once Successor Agency Pays the Unobligated Balances, then DOF i issues a “Fi di of C “Finding f Completion” l ti ” • After Finding of Completion issued, all Former RDA Property is Transferred to the “Community Redevelopment Property Trust Community Fund” 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 8. Chapter Ch t 3 - AB 1484 “Clean U ” “Cl Up” 8 • Withi 6 M th of R Within Months f Receipt of th Fi di of C i t f the Finding f Completion, l ti Successor Agency Shall Prepare a “Long Range Property Management Plan” g • Management Plan must be Submitted to DOF for Approval no later than 6 Months Following Issuance of the Finding of Completion • Management Plan Shall Include:  An Inventory of all Properties  Address the Use or Disposition of all Properties in the Trust  Proceeds of Disposition Sent to “Taxing Entities” 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 9. Chapter Ch t 3 - R Results of DOF Review lt f R i 9 • DOF Denied Funding to Numerous Projects, Based Upon Appeals of 240 of the 400 Successor Agencies • Oxnard Lost $15.3 Million Loan • Santa Clara Suing Based Upon 49ers Stadium 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 10. Chapter Ch t 3 - AB 1484 “Clean U ” “Cl Up” 10 • 56 lawsuits filed • 18 lawsuits filed in December 2012 • 5 lawsuits f filed in January 2013 • 3 lawsuits on appeal 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 11. Chapter Ch t 4 - R l World Applications Real W ld A li ti 11 • Developer – RDA in Negotiation but no Agreement by June 28 Negotiation, 28, 2011  Unlikely to be considered an “Enforceable Obligation” • Developer – RDA Entered into an Exclusive Negotiation Agreement  Possibly P ibl an “E f “Enforceable Obli ti ” if ENA h d l specificity bl Obligation” has deal ifi it • Existing Agreement between Developer and RDA  Enforceable obligation, but subject to review by Oversight Board, Auditor Controller, State Department of Finance, or State Controller  Insure Agreement is on ROPS 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 12. Chapter Ch t 4 - F t Future of Redevelopment fR d l t 12 • U lik l th t G Unlikely that Governor B Brown will allow cities and counties t ill ll iti d ti to divert new redevelopment-generated revenues from the taxing entities • Therefore, no more tax increment funding • Possible Use of Eminent Domain? • CFDs • Infrastructure Financing Districts 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 13. SB 375 U d t Update 13 • GHG Reduction Targets • S t i bl C Sustainable Communities St t iti Strategy • SANDAG Litigation g • SCAG SCS 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 14. SCS C t t Content 14 • ID locations of uses, densities and intensities within region • Areas to house population over 20 year period • Areas to house 8 year RHNA projections • ID transportation networks to serve region • Information re resource and agriculture land • Forecast of development pattern • Quantify GHG reductions 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 15. SANDAG Liti ti Litigation 15 • Scope and purpose of SB 375 • AG' effort to include E.O. S-3005 AG's ff t t i l d E O S 3005 • Role of CEQA v. Role of MPO's Q • State v. local control of land use authority 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 16. SCAG's SCAG' SCS 16 • Land Use Growth Patterns • T Transportation Network t ti N t k • Transportation Demand Management p g • Transportation Systems Management 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 17. Regional and Local Climate Change 17 Regulatory Trends • SCAQMD Advocacy – Truck Trip Study • Background: ITE Land Use Code 152 for “High Cube Cube” Warehouses and Logistics Facilities • Land Use Code 152 results in lower ADTs and lower AM and PM peak hour truck trips resulting in trips, o Less transportation impacts o Concomitant decrease in air quality and greenhouse gas impacts 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 18. Regional and Local Climate Change 18 Regulatory Trends • AQMD Responses: – Preparation of a “White Paper”, to attempt to White Paper , discredit Land Use Code 152 • White Paper based upon incorrect information and insistence that Land Use Code 152 assumptions be changed – Preparation of a truck trip study, to attempt to discredit Land Use Code 152 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 19. Regional and Local Climate Change 19 Regulatory Trends • PR 2301 Resuscitated – Similar to San Joaquin, APCD Program Joaquin – Payment of Air Quality Impact Fee; payment required or significant unavoidable impact 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 20. Regional and Local Climate Change 20 Regulatory Trends – Local Trends – County of San Bernardino Greenhouse Gas Reduction Plan – City of Chino Climate Action Plan – CEQA Litigation 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 21. CEQA Update U d t 21 • CEQA Reform • SB 226 G id li Guidelines • CEQA and SB 50 Q • Exemptions • Baseline 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 22. CEQA Reform R f 22 • SB 317 (Rubio) – SB 731 (St i b ) (R bi ) (Steinberg) • Use of existing environmental laws g • Consistency with Plan and Plan EIR • Consistency with SB 375 • New Significance Thresholds • Litigation Reforms 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 23. SB 226 G id li Guidelines 23 • Located in urban area • S ti f performance standards Satisfy f t d d • Consistency with SCS or APS y • Falls within scope of Plan prepared with EIR • Uniformly applicable development standards 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 24. CEQA Trends T d 24 • Flood of lawsuits to get settlement payout • L b U i l Labor Union leverage suits it • School District leverage suits – Chewanakee case g • Challenge to exemptions – Berkeley Hillside and Tomlinson cases • Baseline issues re traffic – Neighbor For Smart Rail g Case 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 25. Other N t Oth Noteworthy Updates th U d t 25 Part I - WATER • Draft Water Quality Control Policy • Consistency between WSA and EIR • Discharge Under CWA L A County Flood Control CWA-L.A. case 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 26. Other N t Oth Noteworthy Updates th U d t 26 Part II - LAND • Serial lot line adjustments okay – Napa case • Avoiding Prevailing Wage Requirements in Charter Cities – City of Vista case • New Burrowing Owl Survey and Mitigation Guidelines 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 27. Housing Production Tools Refresher H i P d ti T l R f h 27 • Government Code § 65589.5(j) – Local Government Cannot Reject or Require a Reduction in Density of Housing Projects Unless Health and Safety Findings Can be Made (see Honchariw case) • Government Code § 65863 – Each Jurisdiction Must Ensure that its Housing Element Inventory or its Housing Element Program can Satisfy its RHNA N mbers Numbers 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 28. Housing Production Tools Refresher (cont.) H i P d ti T l R f h 28 – No Jurisdiction shall Reduce Require or Permit the Reduce, Reduction of the Residential Density, for any Parcels, or Allow Development of any Parcel at a Lower Residential Density Without these 2 Findings: • Reduction is Consistent with the Adopted General Plan d Housing El Pl and H i Element; and t d • Remaining Sites Identified in the Housing Element are Adequate to Meet the RHNA Numbers • Government Code § 65915 – Density Bonus Law – Especially Powerful Without RDA Assistance 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.
  • 29. Contact C t t 29 John Condas Bill Devine (949) 851.5551 (949) 851.5412 jcondas@allenmatkins.com wdevine@allenmatkins.com Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614 www.allenmatkins.com 02.2013 | © Copyright, 2013 Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved. The information contained herein does not constitute a legal opinion and should not be relied upon by the reader as legal advice or be regarded as a substitute for legal advice.