Land Use Law & Planning Conference: Updates, Trends, and Assessments

languages_hero_int_beachThe Public Policy Program at UCLA Extension is proud to preside over the annual Land Use Law and Planning Conference, largely regarded as a leading source of information on California land use legislation, case law, and the emerging issues that frame land use and development practices in the nation’s most populous state. Its unique cross-disciplinary approach explores the full range of perspectives drawn from the land use planning, legal, development, and environmental communities–and demonstrates how these factors influence the day-to-day work of planners, developers, environmental regulators, and attorneys.

This conference provides a big picture view of land use law and planning practice. Our guest speakers consistently provide succinct and provocative updates on core state and federal case law and legislation, mixed with practice pointers on basic land use law and planning issues. This conference is essential for attorneys, planners, environmentalists, and developers who need to know how land use law and planning is changing and affecting their interests. Join our experts and audience members next year, as they review the important issues of the past year and explore what is on the horizon.

2018 program details coming soon! 

2017 Program Details

PROGRAM
31st Annual Land Use Law & Planning Conference
January 27, 2017
Millennium Biltmore Hotel
Los Angeles, California

7:45 a.m.         REGISTRATION AND CHECK-IN

8:30 a.m.         WELCOME AND PROGRAM OVERVIEW        

Stephanie Hoekstra, Public Policy Program, UCLA Extension

8:45 a.m.         UPDATE #1 – CEQA
 
CEQA 2016: Few Surprises, But Some Welcome Clarity
 
It’s one down and five to go at the Supreme Court for CEQA cases. Common sense prevailed with the Supreme Court’s decision in Friends of the College of San Mateo Gardens where finally the face-off between Mani Brothers and Lishman was resolved with the Court focusing on the informational value of the original document instead of the changes to a project. Our panel will discuss whether addendum preparers can indeed now breathe a sigh of relief. The decades-long battle over the Cadiz project’s groundwater pumping in the Mojave Desert was also decided this year as was the challenge to the “Plan Bay Area” sustainable communities strategy. Other cases providing guidance to CEQA practitioners that will be dissected by our panel include:

  • How should energy impacts under Appendix F be analyzed after the Ukiah Citizens for Safety First decision
  • The latest application of the Berkeley Hillside two-step in Walters v. City of Redondo Beach
  • The standard of review for determining a historical resource as interpreted by the Friends of Willow Glen Trestle court
  • And the surprise?  Negative declaration cases have made their way back to  the courts including a supplemental mitigated negative declaration for a rural printing facility run by monks in Coastal Hills Rural Preservation

Moderator: Susan Hori, Partner, Manatt Phelps & Phillips, LLP

Panelists:

  • Kevin Bundy, Senior Attorney, Center for Biological Diversity
  • Tina Thomas, Founding Partner, Thomas Law Group

10:00 a.m.       MORNING BREAK

10:15 a.m.       ASSESSMENT #1 – PUBLIC POLICY
 
Is Regionalism Inescapable? Did Greenhouse Gases Kill Local Control?
 
Foundational to California’s approach to greenhouse gas reduction has been reform of land use and growth patterns statewide to drive development to infill urban cores over greenfields. This was a pillar of the groundbreaking SB 375 and its requirement of Sustainable Communities Strategies. But as emission reduction mandates increase and an understanding that reduction strategies operate at the regional level, many ask if reduction strategies must come at the expense of a long-sacred California standard: local control over land use decisions. Housing shortages and affordability, transportation infrastructure investment, transit, and even “by-right” development proposals necessarily implicate curtailment of local control in favor of regional objectives. Will greenhouse gas reduction mandates come at the expense of local control? What is the alternative?  Will city councilmembers ever vote in the regional interest over the more parochial demands of constituents? Will Sacramento soon control local land use?
 
Moderator: David Smith, Partner, Stice & Block LLP
 
Panelists:

  • Ken Alex, Director, Governor’s Office of Planning and Research
  • Lucy Dunn, President and CEO, Orange County Business Council
  • Darrell Steinberg, Mayor, City of Sacramento

11:30 a.m.       RECESS TO GOLD ROOM            

11:45 a.m.       LUNCH

FREILICH FOUNDATION AND SCHOLARSHIPS
Steve Preston, City Manager, City of San Gabriel

RECOGNITION OF HAGMAN SCHOLARS AND SPONSORS
Wayne Smutz, Dean, UCLA Extension

12:15 p.m.      KEYNOTE ADDRESS  

Eric Garcetti, Mayor of the City of Los Angeles             

1:00 p.m.       RECESS TO CRYSTAL BALLROOM                              
  
1:15 p.m.        UPDATE #2 – QUICK HITS

  • SB 1190 California Coastal Commission: Ex Parte Communications
  • GHGand Climate Change – State, Federal, and International Updates
  • It’s the Year of Housing…Escape While You Can
  • Storm Water and State Mandate Reimbursements
  • New Section 404 Clean Water Act Nationwide Permits
  • Update on the State Wetland and Riparian Area Protection Policy

Panelists: Susan Hori, Steve Preston, David Smith, Margaret Sohagi

1:45 p.m.        UPDATE #3 – PZDL
 
Planning, Zoning, and Development Law Update

This not-to-be missed PZDL event of the year will bring you case law and legislative updates on all your favorite land use topics. When you return to your office, others will wonder how it is that you are current on the new laws and changes in the laws that tAKE effect on January 1, 2017. After this session, you will be able to share the latest stories about developers, cities and community members generating new cases about telecommunications, housing, zoning and various other topics that intrigue us.
 
Moderator: Margaret Sohagi, President, The Sohagi Law Group, PLC
 
Panelists:

  • David Snow, Shareholder, Richards Watson Gershon
  • Alisha Winterswyk, Partner, Best Best & Krieger LLP

3:00 p.m.        AFTERNOON BREAK
 
3:15 p.m.        ASSESSMENT #2 – GENERAL PLANS
 
The Recalibrated General Plan: If it Were a Car, Would it Be a Tesla…or an Edsel? 

When not characterized by proponents as the answer to your every need (and by opponents as a fossil from an era best forgotten), the general plan continues to be a vessel into which communities pour their hopes and State agencies pour their expectations. Those hopes and expectations are increasingly colliding: communities demand control that local agencies can’t assure; developers are seduced by promises of density, then abandoned when the community objects. The State’s expectations, including GHG initiatives, SB 32, the Scoping Plan, SB 743 methodologies for transportation impact assessment, and the draft general plan guidelines, are all driving the general plan in one direction, while expectations of communities to retain control of their destiny push the plan in the opposite direction. Can these opposing forces be reconciled, and is the general plan even the best place to do it? How these thorny issues get resolved – in new plans that are constructed around visions of public health and quality of life, is the topic which this panel will tackle.
 
Moderator: Matt Burris, AICP, LEED AP, Associate Principal, Raimi + Associates
 
Panelists:

  • Elizabeth Baca, Senior Health Advisor, Governor’s Office of Planning and Research
  • David Early, Principal, Placeworks
  • Miguel Vazquez, Healthy Communities Planner, Riverside University Health System

4:30 p.m.        CLOSING COMMENTS

Stephanie Hoekstra, Public Policy Program, UCLA Extension

Drawing for a FREE 2018 Conference Registration

2016 Program Details

UCLA Extension Public Policy Program

30th Anniversary Land Use Law & Planning Conference

January 22, 2016
Biltmore Hotel
Los Angeles, California

7:45am REGISTRATION AND CHECK-IN
8:30am WELCOME AND PROGRAM OVERVIEW

Evan McGinnis, Public Policy Program, UCLA Extension

8:45am ASSESSMENT #1 – 30-YEAR PROSPECTIVE

Everything Old Is New Again: Or, a 30-Year Prospective Look at Land Use Law in California
You might have come to this 30th Anniversary Land Use Law and Planning Conference expecting a heady retrospective in which the long parade of panelists wax nostalgic about the days when general plans had nine elements and the most overused term of art was “master planned.” If you did, you would be in for a rude awakening. The landscape of land use and planning law has constantly evolved over the life of this conference, but what lies ahead promises to be far more interesting, challenging – even threatening. What does the future look like? Let’s turn to our panel of experts – some asking, some answering — planners and attorneys, public and private alike, and see what they have to say. We may even take some queries from the floor, so get out your pens and pencils and let’s take a trip to the future!

Moderator: Steven A. Preston, FAICP, City Manager, City of San Gabriel
Interlocutors:
Vince Bertoni, Planning and Community Development Director, City of Pasadena
Stephanie DeWolfe, Community Development Director, City of West Hollywood
Whitney McDonald, Deputy County Counsel, San Luis Obispo County

Respondents:
Bill Fulton, Director at Kinder Institute for Urban Research, Rice University
Hassan Haghani, Executive Director, Planning and Building Agency, City of Santa Ana
Woodie Tescher, Principal, Planning and Urban Design, Placeworks

10am MORNING BREAK
10:15am UPDATE #1 – CEQA

CEQA 2015

Hear ye, hear ye! Come one, come all to our annual CEQA Update where our esteemed panelists will discuss the latest and greatest CEQA opinions from the courts. Learn of the decisions from our newly constituted California Supreme Court, including City of San Diego v. Board of Trustees of California State University, and the 2015 Court of Appeal opinions on exemptions, mitigation measures, and baseline. This talk is sure to inspire the CEQA practitioner in us all.

Our panelists will share their perspectives on the current case law and new CEQA legislation. Topics include:

  • The Berkeley Hillside two-step, or how to determine whether the “unusual circumstances” exception precludes the use of a categorical exemption.
  • Whether an environmental document can use conditions after an emergency exemption repair as the baseline of a project. CREED-21 v. City of San Diego.
  • When layperson testimony and other non-technical information can constitute substantial evidence of a fair argument that an environmental impact could occur: The Story of Keep Our Mountains Quiet v. County of Santa Clara.
  • Commitment, or going past the point of no return: Saltonstall v. City of Sacramento.

Moderator: Margaret Sohagi, President, The Sohagi Law Group, PLC
Panelists:
Kevin Bundy, Senior Attorney, Center for Biological Diversity
Tina Thomas, Founding Partner, Thomas Law Group

11:30am RECESS TO GOLD ROOM
11:45am LUNCH 
FREILICH FOUNDATION AND SCHOLARSHIPS

Susan Hori
Partner, Manatt, Phelps and Phillips, LLC

RECOGNITION OF HAGMAN SCHOLARS AND SPONSORS

Wayne Smutz
Dean, UCLA Extension

12:15pm KEYNOTE ADDRESS 

Dr. Lucy Jones
Science Advisor for Risk Reduction, U.S. Geological Survey

1pm RECESS TO CRYSTAL BALLROOM
1:15pm UPDATE #2 – QUICK HITS

Tribal Cultural Resources: Implementing AB 52 and the Tribal Consultation Process

In the Name of the Environment: A Summary of Holland & Knight’s CEQA Litigation Report

Clean Water Act:  Update On The New WOTUS Rule

Your 2016 Federal Planning Law Update

Takings, Exactions and Assessments: Latest Edicts from the Federal and California Courts

How Dry I Am; or, The Late Great Drought and the Bills It Spawned

Panelists: Susan Hori, Steve Preston, Margaret Sohagi

1:45pm UPDATE #3 – PZDL 

Planning, Zoning, and Development Law Update
Travel with our sage panelists as they walk us through the most important planning, zoning and development updates of 2015. Highlights include when is a decision-maker potentially biased, what does ‘general plan consistency’ really mean, and when are inclusionary housing ordinances valid. Learn what is new from Sacramento – from regulating cell towers and medical marijuana to parking minimums. There is something here to thrill every land use planner!

Moderator: Margaret Sohagi, President, The Sohagi Law Group, PLC
Panelists:
Kip Lipper, Chief Policy Advisor, Office of the California State Senate Pro Tempore
Scott Smith, Partner, Best Best & Krieger LLP

3pm AFTERNOON BREAK
3:15pm ASSESSMENT #2 – AFFORDABLE HOUSING

The Affordable Housing Quandary:  We Need It, But How and Where?

The California Supreme Court decision in CBIA v. San Jose shined a spotlight on the State’s struggle to develop affordable housing. For over thirty-five years, California has experimented with how to fund and build affordable housing. The loss of redevelopment and its funding mechanisms left a huge hole in affordable housing development which has not been filled to date. Whether it is the responsibility of new development to shoulder the burden of affordable housing through inclusionary housing requirements may soon be a question for the U.S. Supreme Court. What are cities doing post-San Jose with their Housing Elements and inclusionary ordinances? What are the issues faced by market rate builders in meeting affordability requirements? What is the role of affordable housing developers and where are the new battlegrounds for affordable housing advocates? Join us as our panel debates these questions from the perspectives of local government, market rate and affordable home builders, and housing advocates.

Moderator: Susan Hori, Partner, Manatt, Phelps and Phillips, LLC
Panelists:
Cesar Covarrubias, Executive Director, The Kennedy Commission
Donna Kelly, Vice President of Community Development, Lennar
Jeffrey Lambert, Community Development Director, City of Ventura
Welton Smith, Vice President of Housing Development, Jamboree Housing

4:30pm CLOSING COMMENTS

Evan McGinnis
Drawing for a FREE 2017 Conference Registration

2015 Program Details

UCLA Extension Public Policy Program

29th Annual Land Use Law & Planning Conference

January 30, 2015
Biltmore Hotel
Los Angeles, California

7:45am REGISTRATION AND CHECK-IN
8:30am WELCOME AND PROGRAM OVERVIEW

Evan McGinnis, Public Policy Program, UCLA Extension

8:45am ASSESSMENT #1 – DEVELOPMENT

Monsters Under Your Bed: What Keeps Developers Up at Night?
A new endangered species? CEQA litigation? Undiscovered earthquake faults? Inclusionary housing requirements? City Council elections? Although the end of the rainbow may provide tremendous rewards for developers, the path to a successful entitlement is fraught with peril and risk and the course is by no means smooth or predictable. We turn the tables this year and ask a panel of developers to tell us planners, consultants and attorneys what keeps them up at night. What is good about California’s land use and planning process, what frustrates them, and what can and should be fixed? Our panel includes an infill developer specializing in mixed use, high density development, an attorney/developer whose projects have ranged from master planned communities to the salt flats of the San Francisco Bay, and the developer of Los Angeles’ major mixed-use development, the Grand Avenue Project. Their perspectives on land use, local politics, development financing and entitlement exactions will kick off our morning session with a jolt.

Moderator: Susan Hori
Panelists:
Beatrice Hsu, Senior Vice President, Development & Forward Planning, Related California
Meea Kang, President, Domus Development LLC
David Smith, Partner, Stice Block, formerly Senior Vice President, DMB Pacific Ventures LLC

10am MORNING BREAK
10:15am UPDATE #1 – CEQA

CEQA 2014
Traverse this year’s remarkable number of significant CEQA decisions with our esteemed panelists. Sure to root out your most deeply entrenched CEQA-related emotions; from confused to jubilant, to heartbroken and forlorn. This year brought us only one Supreme Court decision, Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, which examined when voter-sponsored initiatives require CEQA review. Our speakers will also address how to effectively apply mitigation measures after the decision in Trisha Lee Lotus v. Department of Transportation and when federal law preempts CEQA claims. Tune in to hear this and even more, including:

  • Quick tips on recovering labor costs for preparation of the administrative record.
  • It’s what’s on the inside that counts: project-level v. program-level EIRs.
  • Supplemental Review: When amendments to environmental documents constitute a “new project”.
  • When the unusual circumstances exception to the exemptions requires preparation of an EIR.
  • Economic Infeasibility: a “reasonable person” standard.

Moderator: Margaret Sohagi
Panelists:
Amy Bricker, Attorney, Shute, Mihaly & Weinberger LLP
Michelle Ouellette, Partner, Best Best & Krieger LLP

11:30am RECESS TO GOLD ROOM
11:45am LUNCH 
FREILICH FOUNDATION AND SCHOLARSHIPS

Steve Preston
City Manager, City of San Gabriel

RECOGNITION OF HAGMAN SCHOLARS AND SPONSORS

Wayne Smutz
Dean, UCLA Extension

12:15pm KEYNOTE ADDRESS 

John Laird
Secretary, California Natural Resources Agency

1pm RECESS TO CRYSTAL BALLROOM
1:15pm UPDATE #2 – QUICK HITS

Water Update: Bridge Over Troubled (Ground) Waters

AB 52: Consultation and Tribal Cultural Resources

Massage Bill: Cities Get Their Happy Ending

Federal Update 2014

SB 743 and Traffic – Counting Cars per the Revised CEQA Guidelines

Air Quality, GHG, & SB 375 – The Latest and Greatest

Panelists: Susan Hori, Steve Preston, Margaret Sohagi

1:45pm UPDATE #3 – PZDL 

Planning, Zoning, and Development Law Update: Hopers, Smokers and Gropers Edition
Everyone’s favorite panel comes to life once again as our esteemed legal and policy observers offer the cook’s tour of legislation and court cases. In 2014, cities and counties navigated judicial challenges concerning smokers (medical marijuana), hopers (RLUIPA claimants), and gropers (predators) along with a handful of nuts and bolts cases dealing with general plan interpretation, variances, and judicial review – and a federal court case on the application of accessibility standards to on- street parking. Meanwhile, at the Capitol, police and League officials’ pitch for greater marijuana regulation went up in smoke, but set the foundation for more consistent regulation down the line. To grow all these important crops, water became a major topic. And while Redevelopment 2.0 has never fully taken root, the Governor finally signed legislation that could benefit local economic development planners.

Moderator: Steve Preston
Panelists:
William Abbott, Partner, Abbott & Kindermann, LLP
Tony Rice, Managing Partner, Rice/Englander & Associates

3pm AFTERNOON BREAK
3:15pm ASSESSMENT #2 – ADMINISTRATIVE RECORDS

‘Double, Double, Toil and Trouble:’ A Brewing Cauldron of Public Records Act and Administrative Record Issues

You may wish you had never heard of the Public Records Act and Administrative Records, but this toxic stew can hurt you if you don’t master the recipe. Follow our engaging panelists as they explore these ever-present, often litigated minefields. Hear their tricks of the trade for effectively compiling a CEQA-compliant administrative record. Our parade of hits will include “To Send or Not to Send, That is the Question”, “Double, Double Toil and Trouble, Email Churn and Server Bubble” and the ever popular “Every Email’s Sacred, Every Email’s Great, If An Email’s Privileged, Petitioners Get Quite Irate”. Learn the courts’ 2014 edicts concerning cost recovery for administrative record preparation; when the Common Interest Doctrine applies; and how to preserve the attorney-client privilege. Don’t find your email on the front page of the newspaper. Join our spirited oratory as we stir the pot on these topics and more!

Moderator: Margaret Sohagi
Panelists:
Michael Garcia, City Attorney, City of Glendale
Lloyd Zola, Principal, Metis Environmental Group

4:30pm CLOSING COMMENTS

Evan McGinnis
Drawing for a FREE 2016 Conference Registration

2014 Program Details

UCLA Extension Public Policy Program

28th Annual Land Use Law & Planning Conference

Friday, January 31, 2014
Millennium Biltmore Hotel
Los Angeles, California

7:30am WELCOME BREAKFAST FOR SCHOLARS

Helene Smookler,
Of Counsel,
The Sohagi Law Group, PLC

7:45am REGISTRATION AND CHECK-IN
8:30am WELCOME AND PROGRAM OVERVIEW

Evan McGinnis,
UCLA Extension Public Policy Program

8:45am UPDATE #1 – Planning, Zoning and Development Law Update

Our panelists review the highlights and low points of what the courts and the Legislature hath wrought to planning and zoning law in 2013. Cases on inclusionary housing, the Public Records Act and Subdivision Map Act cures will be reviewed as well as the Legislature’s response to limit the prevailing wage exemption the courts granted to charter cities last year. Our panel will also weigh in on how the California Supreme Court may look at a city’s authority to interpret its general plan when the Orange Citizens for Parks and Recreation case comes before it next year.

Moderator: Susan Hori
Panelists:
William Abbott, Partner, Abbott & Kindermann, LLP
Tony Rice, Managing Partner, Rice/Englander & Associates

10-10:15am MORNING BREAK
10:15am ASSESSMENT #1, TAKINGS

A Banner Year for the Fifth Amendment
It has been a number of years since we have seen so much activity at both the U.S. Supreme Court and the California courts involving takings law and the Fifth Amendment. Our distinguished panel of private property and public agency advocates will debate the merits of the twists and turns to takings jurisprudence. In Koontz v. St Johns River Water Management Agency, the U.S. Supreme Court held that Nollan/Dolan applied not only to the denial of a permit, but to monetary exactions as well. Whether fines can be considered an unconstitutional taking was also the Supreme Court’s focus in Horne v. Department of Agriculture. Back in California, temporary takings and Landgate were the court’s focus in Lockaway Storage v. County of Alameda involving a growth control initiative.

Moderator: Margaret Sohagi
Panelists:
Michael Berger, Partner, Manatt, Phelps & Phillips, LLP
Andrew Schwartz, Partner, Shute, Mihaly & Weinberger, LLP

11:30am RECESS TO GOLD ROOM
11:45am LUNCH
FREILICH FOUNDATION AND SCHOLARSHIPS

Steve Preston

RECOGNITION OF HAGMAN SCHOLARS AND SPONSORS

Wayne Smutz
Dean, UCLA Extension

12:15pm KEYNOTE ADDRESS

The Three Tremors: Three San Diego Directors Take on the World
No city better represents the challenges and successes of California planning than San Diego. And probably no city in California has seen planning rise, fall, bob and weave like San Diego. So we have brought three generations of San Diego’s planning directors together for the first time ever to opine, to offer their insights, and to share how the evolution of planning in three regimes has shaped the state’s second largest city. They might even have a few thoughts about how their lessons learned can apply in your own locality! Join us as the three tremors, the legendary Gail Goldberg, Bill Anderson, and Bill Fulton, take on the world.

Moderator: Steve Preston
Keynote Panelists:
William Anderson, FAICP, President, American Planning Association; Principal, Vice President and Director of Economics and Planning for US West, AECOM (San Diego Planning Director, 2006-2011; Chair, San Diego Planning Commission, 2001-2003)
William Fulton, Planning Director, City of San Diego (founder, California Planning and Development Report; author, urban critic, consultant)
Gail Goldberg, Executive Director, Urban Land Institute Los Angeles (San Diego Planning Director 2001-2006; Los Angeles Planning Director 2006-2010)

1pm RECESS TO CRYSTAL BALLROOM
1:15pm UPDATE #2, QUICK HITS
  • SB 375: Putting the Brakes on Regional Transportation Plans…Litigation and Other Updates
  • Native American Sacred Sites
  • Building a Better General Plan: OPR Tackles the Guidelines
  • GHG Scoping Plan
  • Water Supply: Delta, and the Desert
  • MS4s, LIDs, and 404s
  • Federal Update 2013
1:45pm UPDATE #3 – CEQA

CEQA 2013 – Never a Dull Moment
While the legislature was embroiled in CEQA reform, the courts were publishing CEQA cases at a feverish pace. Hear the California Supreme Court’s latest pronouncements on baseline in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority and what the appellate courts are saying about deferred mitigation. Please join our esteemed panelists as they engage in lively repartee about the key decisions from 2013, as well as recent CEQA legislation. Topics guaranteed to include:

  • Parking, Its BACK! What to do in light of Taxpayers for Accountable School Spending v. San Diego Unified School District.
  • Agricultural conservation easements ordained as appropriate mitigation: Masonite Corporation v. County of Mendocino.
  • Pre-project approval, No confidential relationships between lead agency and applicants allowed! Citizens for Ceres v. Superior Court of Stanislaus County.
  • When is a project a “Project”, The never-ending question. Neighbors for Fair Planning v. City and County of SF.

Moderator: Margaret Sohagi
Panelists:
Susan Brandt-Hawley, Attorney, Brandt-Hawley Law Group
James Moose, Senior Partner, Remy Moose Manley, LLP

3pm AFTERNOON BREAK
3:15pm ASSESSMENT #2 – DEMOGRAPHICS

Myth Busters: Everything You Don’t Know (But Should) About Demographic Change and California Planning
Every planner thinks he or she knows something about demographics and California planning, but we’re betting you don’t know what our panelists know. We have invited three panelists with unique perspectives on California’s demographic change to tell a few untold truths, bust a few myths, and offer up a roadmap so that will be of interest to developers, planners, legislators and government officials no matter where in this remarkable state you live.

Moderator: Steve Preston
Panelists:
Jeanette Dinwiddie-Moore, FAICP, Principal, Dinwiddie and Associates
Dowell Myers, Professor of Policy, Planning, and Demography, USC
Victor Rubin, Vice President for Research, PolicyLink

4:30pm CLOSING COMMENTS

Evan McGinnis
Drawing for a FREE 2015 Conference Registratin

2013 Program Details

UCLA Extension Public Policy Program

27th Annual Land Use Law & Planning Conference

Friday, January 18, 2013
Millennium Biltmore Hotel
Los Angeles, California

7:30am WELCOME BREAKFAST FOR HAGMAN SCHOLARS AND PROFESSORS

Helene Smookler,
Of Counsel,
The Sohagi Law Group PLC

7:45am REGISTRATION AND CHECK-IN  
8:30am WELCOME AND PROGRAM OVERVIEW

Evan McGinnis,
UCLA Extension Public Policy Program

8:45am ASSESSMENT #1

CHULA VISTA BAYFRONT MASTER PLAN: A Land Use Practicum for Success
Chula Vista’s bayfront is both a dream and a challenge: 500 acres of underutilized coastal land, spanning both Chula Vista and the Port of San Diego. Add sensitive resources, degraded lands, a power plant slated for decommissioning, environmental justice, and a healthy dose of controversy. How do those challenges resolve to create more than 200 acres of open space, residences, hotel, commercial/retail harbour, and transit linkages, all with the support of both stakeholders and public agencies? Explore the complex legal and policy issues at work that led to unanimous approval by the California Coastal Commission in 2012. This unique case study will include transfer of density, public trust lands, the Coastal Act, and consensus building. What are the land use planning and law lessons that are transferable to other underutilized properties throughout California? What tools are needed to realize the plan? Join our panelists and find out.

Moderator: Margaret Sohagi
Panelists:
Laura Hunter, Environmental Health Coalition
Ann Moore, Commissioner, Port of San Diego
Allison Rolfe, Director of Planning, Pacifica Companies
Jim Sandoval, City Manager, City of Chula Vista

10am MORNING BREAK 
10:15am UPDATE #1

CEQA UPDATE
CEQA continues to be in the spotlights. 2012 was no exception. The California Supreme Court and the Courts of Appeal published significant decisions interpreting CEQA including Rialto Citizens for Responsible Growth v. City of Rialto, Consolidated Irrigation District v. Sup. Ct of Fresno County and City of Maywood v. Los Angeles Unified School District. The courts grappled with the proper geographic scope and methodology of air quality and greenhouse gas analyses, analysis of economic infeasibility, and formulation of baselines. Please join our panelists as they offer insight and predictions about these important decisions and discuss new developments in CEQA legislation and the CEQA Guidelines, including:

  • Selecting the proper baseline–what to do in light of the California Supreme Court’s upcoming review in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority
  • Administrative Records–what is in and what is out in this electronic age.
  • Center for Sierra Nevada Conservation v. County of El Dorado – limitations on when a subsequent negative declaration or mitigated negative declaration can be adopted.

Moderator: Margaret Sohagi
Panelists:
Michelle Ouellette, Partner, Best Best & Krieger LLP
Michael Zischke, Partner, Cox, Castle & Nicholson LLP

11:30am RECESS TO GOLD ROOM  
11:45am LUNCH
FREILICH FOUNDATION AND SCHOLARSHIPS

Steve Preston

RECOGNITION OF HAGMAN SCHOLARS AND SPONSORS

Lynda Wilson
Director, Humanities & Sciences
UCLA Extension

12:15pm KEYNOTE ADDRESS

Connie Rice
Lawyer; Activist; Co-founder and Co-Director of the Advancement Project in Los Angeles
Ms. Rice has received more than 50 major awards for her work in expanding opportunity and advancing multi-racial democracy. As a litigator, Ms. Rice has filed class action civil rights cases redressing unfair public policy in transportation and public housing. We look forward to her perspective on issues facing urban communities.

1pm RECESS TO CRYSTAL BALLROOM
1:15pm UPDATE #2

QUICK HITS

Panelists:
Susan Hori, Steve Preston, Margaret Sohagi

It Ain’t Dead Yet: The Last Gasp of Redevelopment: Steve Preston

Drip, Drip, Drip: State’s Proposed Wetlands Definition Still Alive and Kicking: Susan Hori

Shake, Rattle and Roll: Floods and Seismic Hazards: Steve Preston

Greenhouse Gas Cuts or Just More Hot Air…Will the Real SB 375 Please Stand Up?: Margaret Sohagi

Federal Outlook for 2013: Steve Preston

1:45pm UPDATE #3

PLANNING, ZONING, AND DEVELOPMENT LAW UPDATE: Famous Last Words Edition
When the Going Gets Tough, the Tough Go Legislating. Redevelopment’s gone to Hades in a hand basket, CEQA reform stalled shy of the goalpost, and hundreds of housing elements are coming due. What’s a planning wonk to do? Sadly, your Legislature has an answer for you: legislate even more. Our renowned panelists Bill Abbott and Tony Rice take on all that, plus disaster planning, RLUIPA, disadvantaged communities, parking standards, sidewalk repair, even ZEV (zero emission vehicle) planning, among a host of other topics tackled by our Solons in the capital. Hang onto your seats…it’s gonna be a bumpy ride!

Moderator: Steve Preston
Panelists:
William Abbott, Partner, Abbott & Kindermann LLP
Tony Rice, Managing Partner, Rice/Englander & Associates LLC

3pm AFTERNOON BREAK
3:15pm ASSESSMENT #2 

CAN I INTEREST YOU IN AN AUTO MALL?: Revisiting the Fiscalization of Land Use
Cities and counties have been hit hard by the economy and the State’s budget battles and raiding of the redevelopment coffers. With three cities in bankruptcy and possibly more on the way, how will the fiscal health of local agencies affect land use planning and development in Southern California and the State? Once the poster child for cutting edge land use planning, can agencies afford the luxury of advanced planning in an era of shrinking budgets and smaller staffs? Once-coveted auto malls now sit vacant with cities searching for another source of sales tax revenues. What creative solutions should successor agencies consider to generate revenues from their former redevelopment properties? How does the loss of redevelopment affect affordable housing and will we see a return to inclusionary housing ordinances? Is infill and smart growth really economically superior to sprawl? Our panel of experts will examine the ever-increasing fiscalization of land use and explore land use and development strategies that local governments, developers and planners should pursue to shape our region in an era of economic limits.

Moderator: Susan Hori

Panelists:
Greg Devereaux, Chief Executive Officer, County of San Bernardino
Cecilia Estolano, Estolano LeSar Perez Advisors LLC
Kenneth K. Hira, Senior Vice President, Kosmont Companies

4:30pm CLOSING COMMENTS