HomeMy WebLinkAbout05/17/1994, 2 - EXTENSION OF THE ENVIRONMENTAL QUALITY TASK FORCE .. M � /
i� city Of San _.its OBISPO N B�
COUNCIL AGENDA REPORT
FROM: Arnold Jonas, Community Development Director a
SUBJECT: Extension of the Environmental Quality Task Force
RECOMMENDATION: Consider whether to approve an extension of the Environmental
Quality Task Force until November 29, 1994 as requested.
DISCUSSION:
On April 5, Council directed the Environmental Quality Task Force (EQTF) to complete
their deliberations and return to Council by May 27, 1994.
The EQTF is requesting a six month extension in order to present their recommendations
to the Council.
ATTACHMENTS:
Memorandum from the EQTF
I
May 6, 1994 ,;U AY u 1994
TO: John Dunn, CAO
FROM: Kurt Kupper, Cha' —--
Environmental Quality TasOorce (EQTF)
SUBJECT: Extending the sunset Lte for the EQTF
In establishing the EQTF last fall, the City Council directed that its work be completed
within six months. The Council recently affirmed that the EQTF's final report should be
completed by the end of May.
As you know,the EQTF has transmitted recommendations concerning transportation impact
fees, water policies, and the Housing Element and the Land Use Element of the General
Plan. The EQTF is now working on recommendations for the Circulation Element. The
EQTF thought it was essential for the Council to have recommendations based on
environmental expertise for these important planning measures.
From the beginning, the EQTF has wanted to produce a long-range, widely based proposal
in the form of a statement of environmental ethics or a "sustainability plan" which would
address.many of the topics listed by citizens and Council members at the initial brain-
storming session. Much of the biological background for this effort has been done.
However, it is not realistic to expect a product of the quality which San Luis Obispo
deserves to be completed by the end of the month. The EQTF therefore respectfully
requests an extension of six months to complete this effort.
a-a
METING AGENDA
DE.: .:. ITEM #=
WALTER & BORNHOLDT
KENNETH C.BORNHOLDT A Partnership Including a Professional Corporation Telefax
WILLIAM S. WALTER* 679 MONTEREY STREET (805) 541-6640
POST OFFICE BOX 960
SAN LUIS OBISPO,CALIFORNIA 93406
•A Professional Corporation Telephone (805)541-6601
May 18, 1994
Diane Gladwell, City Clerk
City of San Luis Obispo
Post Office Box 8100
San Luis Obispo, CA 93403-8100
Re: SLO Growth Caps
Dear Ms. Gladwell:
Enclosed is a-orrected,copy of my correspondence which I delivered to
the Council prior to the meeting on May 17, 1994.
Very t ly yours
Willi . Walter
WS W/ld
Enclosure
POU CDD DIR
rPAO ❑ FIN DIA
CAO ❑ FIRE CHIEF
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ATTORNEY ❑ PW DIA
❑ CLERKORIG ❑ POLICE CHF
❑ MGMT TEAM ❑ REC DIR
❑ P READ FILE ❑ UTIL DIR
❑ PERS DIA
_ :.� . . ® .
i AY 2 1994
WILLIAM S. WALTER
679 MONTEREY STREET
SAN LUIS OBISPO, CALIFORNIA 93401
TELEPHONE (805) 541-6601
TELEFAX (805) 541-6640
May 17 , 1994
City Council
City of San Luis Obispo
City Hall
San Luis Obispo, CA 93401
Dear Mayor and Council Members:
As an owner of office zoned property in the City, I join in
the many objections to proposed growth caps on
commercial/office/industrial development in San Luis Obispo. The
proposals would create over-all inconsistency within the General
Plan, are arbitrary, capricious, not supported by substantial
evidence, advance no legitimate public purpose, are discriminatory
in intent and application, would produce significant adverse
environmental impacts not adequately addressed in the environmental
analysis, and any legitimate concerns can be addresssed through
alternatives not adequately evaluated to date, including project-
by-project review.
While on sabbatical leave from my land use and environmental
law practice during 1992-93 in the Department of Land Economy,
University of Cambridge, England, I critically reviewed the
academic literature on the effects of growth controls (Bibliography
included) , and based upon that economic and methodological
analysis, concluded:
(1) Growth management/control instruments often have been
found to induce economic and development patterns which were not
intended by the proponents of growth control.
(2) Growth management/control instruments usually conflict
with other planning goals and policies, creating market reactions
which defeat the purposes of growth management.
(3) Growth management instruments benefit suburban interests
in controlled ares whose developed land becomes more valuable.
(4) Growth management instruments usually depress the value
of undeveloped, "controlled" land and inequitably and arbitrarily
redistribute wealth.
(5) Growth management has been found to compromise
uncongested urban development forms.
f '
City Council/May 17, 1994
page 2
(6) Growth management is discriminatory against low and
moderate income persons whose employment opportunities are
discouraged by the restrictions.
(7) Growth management instruments have failed to positively '
direct growth by being exclusionary and locally protectionist.
The City's review should be based upon, not in the disregard
of, the extensive literature documenting the failure and
shortcomings of growth management instruments.
The proposed growth caps should, therefore, be rejected by the
Council since its inter-dependent adverse economic and
environmental impacts have not been carefully considered.
Very truly yours,
WIYIIA S. WALTER, M.PHIL. , J. D.
A:SLOCAPs
BIBLIOGRAPHY
_1 Y
Audirac, I . , A. H. Sherm en M.T. Smith (1990) 1 "Ideal Urban Form
1 and Visions of the Good Life: Florida ' s Growth Management
Dilemma, " Journal of the American Planning Association 56 (4) , 470-
81 .
_1 Ashcroft, B . , P.G. McGregor ( 1990) , "The Demand for Industrial
f Development Certificates and the Effect of Regional Policy
Analysis, " Regional Studies 23 (4) , 301- 14 .
_l Beatley, T. ( 1984) 1 "Applying Moral Principles to Growth
Management, " Journal of the American Planning Association 50 (4) ,
=� 459 -69 .
Beaton, W. P . ( 1991) , The Impact of Regional Land-Use Controls on
Property Values : The Case of the New Jersey Pinelands, " Land
+l Economics 67 (2 ) , 172-94 .
Beaton, W. P. , M. Pollock ( 1992) , "Economic Impact of Growth
-� Management Policies Surrounding the Chesapeake Bay, " Land Economics
68 (4) , 434-53 .
r
_ Bollens, S .A. ( 1992) , "State Growth Management: Intergovernmental
1 Frameworks and Policy Objectives, " Journal of the American Planning
Asscoation 58 (4) , 454-66 .
Bollens , S .A. ( 1990) , "Constituencies for Limitation and
Regionalism: Approaches to Growth Management, " Urban Affairs
Quarterly 26 ( 1) , 46 -67 .
_1 Bollens, S .A. , D. R. Godschalk ( 1987) , "Tracking Land supply for
Growth Management, " Journal of the American Planning Association 50
l (4) , 315-27 .
.J Brueckner, J.K. ( 1990) , "Growth Controls and Land Values in an Open
City, " Land Economics 66 (3) , 237-48 .
Butler, K. S . , D. Myers ( 1984 ) , "Boomtime in Austin, Texas :
negotiated Growth Management, " Journal of the American Planning
Association 50 (4) , 447-58 .
•� Chinitz, B. ( 1990) , "Growth Management: Good for the Town, Bad for
_ the Nation? " , Journal of the American Planning Association 56 (5) ,
1 3-8 .
• Chinitz, B . ( 1989) , "Growth Management from an Economist ' s
Perspective, " Journal of the American Planning Association 55 (3) ,
338-39 .
Curtin, Jr. , D. J. , M.T. Jacobson, "Growth Control by the Ballot
• Box: California ' s Experience, " Loyola of Los Angeles Law Review
24, 1073 - 1107 .
J
12
_I
Downs, A. ( 1992) , "Regulatory Barriers to Affordable Housing, "
.� Journal of the American Planning Association 58 (4) , 419-22 .
J Dubbink, D. ( 1984) , "I ' ll Have My Town Medium-Rural, Please, "
Journal of the American Planning Association 50 (4) , 406- 18 .
Ellickson, R.C. ( 1977) , "Suburban Growth Controls : An Economic and
_1 Legal Analysis, " Yale Law Journal 86 (3) , 385-511 .
Faldi, A. ( 1992 ) "Dutch Growth Management: The Two Faces of
Success, " Lar_dscape and Urban Planning 22 ( 1992) , 93 - 106 .
Fischel, W.A. ( 1986) , The Economics of Zoning Laws : A Property
Rights Approach to American Land Use Controls, Johns Hopkins
.� University Press, Baltimore .
Fishel, W.A. ( 1991 ) , "Good for the Town, Bad for the Nation? A
Comment, " Journal of the American Planning Association 51 (3 ) 1
.1 341 -47 .
J Freilich, R. H. , S .M. White ( 1991) "Transportation Congestion and
Growth Management: Comprehensive Approaches to Resolving America ' s
Major Quality of Life Crisis, " Loyola of Los Angeles Law Review 24,
915-77 .
.1 Gale, D.E . ( 1992 ) , "Eight State-Sponsored Growth Management
Programs : A Comparative Analysis, " Journal of the American
Planning Association 58 (4) , 425-39 .
,) Godschalk, D. R. ( 1992) , "In Defense of Growth Management, " Journal
of the American Planning Association 58 (4 ) , 422-24 .
Harris, G. R. , L.A. King, M. B . Clary ( 1988) , "Growth Management for
Environmental Protection in the U. S .A. , " Journal of Environmental
i Management 27, 53 -68 .
.J Henderson, J.V. ( 1980) , "Community Development: The Effects of
Growth and Uncertainty, " American Economic Review 70 (5) .
Holcombe, R. G . ( 1990) , "Growth Management in Florida : Lessons for
the National Economy, " Cato Journal 10 ( 1 ) , 109- 125 .
. Innes, J.E . ( 1992) "Group Processes and the Social Construction of
.� Growth Management: Florida, Vermont, and New Jersey, " Journal of
the American Planning Association 58 (4) , 440-53 .
l Johnston, R.A. ( 1980) , "The Politics of Local Growth Control, "
Policy Studies Journal 9 (3) , 427-39 .
Johnston, R.A. , S . I . Schwartz, S . Tracy ( 1984) , "Growth Phasing and
Resistance to Infill Development in Sacramento County, " Journal of
1 the American Planning Association 50 (4) , 434-46 .
{ Katz, L. , K.T. Rosen ( 1987) , "The Interjurisdictional Effects of
Growth Controls on Housing Prices, " Journal of Law and Economics,
.1
30, 149-60 .
Landis, J. D. ( 1992) , "Do Growth Controls Work? A New Assessment, "
Journal of the American Planning Association 58 (4) 489-508 .
LeGates, R.T. ( 1991) , "The Emergence of Flexible Growth Management
Systems in the San Francisco Bay Area, " Loyola of Los Angeles Law
Review 24, 1035-71 .
McMillen, D. P. , J.F . McDonald ( 1990) , "A Two-Limit Model of
Suburban Land-Use Zoning, Land Economics 66 (3) , 272-81 .
Mills, D.E . ( 1990) , "Zoning Rights and Land Development-Timing,
Land Economics 66 (3) , 283-93 .
Ndubisi, F . ( 1991) , "Understanding and Dealing with Growth
Management, " Journal of the American Planning Association 57 ( 1) ,
97-103 .
Niebanck, P. L. ( 1984) , "Dilemmas in Growth Management, " Journal of
the American Planning Association 50 (4) , 403 -05 .
Nelson, A. C . ( 1992) , "Preserving Prime Farmland in the Face of
Urbanization: Lessons from Oregon, " Journal of the American
Planning Association 58 (4) , 467-88 .
Odland, R. ( 1991 ) , Growth Management: What California Can Learn
from the Sunshine State, " Loyola of Los Angeles Law Review, 24,
1109- 1130 .
Pallakowski, H .O. , S .M. Wachter ( 1990) , "The Effects of Land-Use
Constraints on Housing Prices, " Land Economics 66 (3) , 315-24 .
Peiser, R.B. ( 1984) , "Does it Pay to Plan Suburban Growth?" ,
Journal of the American Planning Association 50 (4) , 419 -33 .
Pogodzinski, J.M. , T. R. Sass ( 1990) , "The Economic Theory of
Zoning: A Critical Review, " Land Economics 66 (3) , 294-314 .
J Rondinelli, D.A. ( 1991) , "Asian Urban Development Policies in the
1990s : From Growth Control to Urban Diffusion, " World Development
l 19 (7) , 791-803 .
Porter, D. R. ( 1991) , Do State Growth Management Acts Make a
Difference? Local Growth Management Measures Under Different State
Growth Policies, " Loyola of Los Angeles Law Review 24 , 1015- 1033 .
l
Rosen, S . ( 1974) , Hedonic Prices and Implicit Markets : Product
Differentiation in Pure Competition, " Journal of Political Economy
82, 34-55 .
Schwartz, S . I . , D.E. Hansen, R. Green ( 1981) , "Suburban Growth
J Controls and the Priceof New Housing, " Journal of Environmental
Economics and Management 8, 303 -320 .
1 Schwartz, S . I . , P, M. Zorn ( 1988) , "A Critique of Quasiexperimental
and Statistical Controls for Measuring Program Effects :
Application to Urban Growth Control, " Journal of Policy Analysis
j and Management 7 (3) , 491-505 .
J 14
Schwartz, S . I. , P .M. Zorn, D.E. Hansen ( 1986 ) , Research Design
Issues and Pitfalls in Growth Control Studies, " Land Economics 62
(3) , 223 -33 .
Selmi, D.P . ( 1991 ) "Foreward: Growth Management Symposium, " Loyola
of Los Angeles Law Review 24, 905- 14 .
Zorn, P.M. , D.E. Hansen, S . I . Schwartz ( 1986) , "Mitigating the
Price Effects of Growth Control : A Case Study of Davis,
California, " Land Economics 62 ( 1) , 46-57 .
15
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
No. dv1-294737
City of STA
STATE OF CALIFORNIA,
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above-entitled mattercity of
San tuts ostspo
I am GENEERRAL PLAN UPPDATE.DATE.now, and at all times embraced CIN SAN LUIS .
As part of the continuing
effort to revise the Land Use
in the publication herein mention was, the principal clerk Element of the City's General
Plan, the City Council has
scheduled a hearing for Tues-
of the printers and publishers of the SAN LUIS OBISPO day, May 17, 1994, at 7:00
P.m.,in the Council Chamber
at city Hall,990 Palm Street.It
COUNTY TELEGRAM-TRIBUNE, a newspaper of general is anticipated that the Council
will continue to review the
Growth Management section
circulation, printed and published daily, Sundays ex- and the Commercial and In.
dustrial Development section.
consideration will include
cepted, at the City of San Luis Obispo in the above nonresidential growth man.
agement, farmland protec.
tion, and potential sites for
retail development.
named County and state; that notAt the completion of this
meeting, further considera-
tion of the Land use Element
will be continued to a meet.
ing scheduled for the first
week of June.
For more information, visit
the Community Development
at which the annexed clipping is a true printed co was
Department l or
the lower lev-
PP g P PY- el of City Hall or cell 781.7170.
published in the above-named newspaper and not in any May 111994 dv29473
supplement thereof — on the following dates, to-wit:
May 13
that said newspaper was duly and regularly ascertained
and established a newspaper of general circulation by
Decree entered in the Superior Court of San Luis Obispo
County, State of California, on June 9, 1952, Case #19139
under the provisions of Chapter 1, Division 7, Title of the
Government Code of the State of California.
I certify (or declare)- under penalty of perjury that the
foregoing is true and correct.
(Signature of Principal Clerk)
Date May 13 1 19 94