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the nc policy wonks very useful & informal

guide toland use & planning

basics, hierarchy, land use, NC PLUM Committees and a little primer on advocacy thrown in as a bonus

Prepared for the Congress of Neighborhoods September 24, 2016

by sharon commins, private citizenviews as expressed herein are solely her own as a private citizen, and do not reflect any official position of the organizations she works with

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basics: why we plan

• Property owners and communities have a right to know what regulations guide what may be done with their property

• Governments must be held accountable for the quality of life in our built environments, to reasonably establish a healthy balance of uses

Best Practice: active citizen engagement. The phrase ‘Good Governance’ refers to the ability of citizens to demand greater accountability, fairness, and responsiveness from public officials and service providers.

This complements and strengthens traditional City deliverables which support communities and enables communities to track government services such as:

– zoning and other ordinances; – code compliance; services; – public financial management

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basics: los angeles’ 2000 charter amendment expanded local democracy

• Established Neighborhood Council System• Established Area Planning Commissions ‘APC’ for local focus and

knowledge• Enabled statement of overriding considerations for EIRs on projects

with non-mitigable impacts

NC Planning Chairs subsequently came together to form Plancheck NC in order to partner with the Los Angeles Department of City Planning in education and outreach.

The Early Notification System--wherein NCs receive bi monthly email notification of LADCP case filings AND filed project hard copy packets specific to their NC area from applicants--is a direct result of this collaboration

Plancheck NC also maintains a matrix tracking local, state and even out of state legislation and/or issues of concern

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basics: why we as community volunteers must stay engaged

• Because there are people in the planning world out there who believe local democracy and planning never work together…and that land use should be decided at the regional or state level [‘nanny planning’]:

“Simply making fewer decisions - making it more difficult for the public to be involved - is better, in zoning”

“Land use should be state [controlled]”

“While democracy does most things well, I think we need to confront the fact that it does not make the best cities”

And, the winner: “Community control is destroying America’s cities” NOTE: yes, this is a real quote. Actually, it is the title of an article on the subject*. You can’t make this stuff up.

*Source: http://newyorkyimby.com/2015/03/community-control-is-destroying-americas-cities.html

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basics: challenges & choices

Source: Build-zoom.com economist Issi Romem:

“Can U.S. Cities Compensate for Curbing Sprawl by Growing Denser?”

https://www.buildzoom.com/blog/can-cities-compensate-for-curbing-sprawl-by-growing-denser

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hierarchy: so, who’s in charge, anyway?

– US Department of Housing and Urban Development: http://portal.hud.gov/hudportal/HUD

– State of California http://www.ca.gov/ – Southern California Association of

Governments ‘SCAG’ http://www.scag.ca.gov/ – Metropolitan Transit Authority

http://www.metro.net/ – City of Los Angeles Planning Department

http://cityplanning.lacity.org/

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hierarchy: the role of HUD

• Fair housing and anti discrimination laws

• Low income housing assistance• Housing development• Aid for distressed neighborhoods• Housing market tracking and stats

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hierarchy: the State’s role: California mandates a general plan

General Plan=Comprehensive framework and long term vision…‘Constitution’ with parameters for developmentIdeally, a general plan is predictable, uniform, consistent, understandable and current.

• Promotes sustainable and consistent development • Establishes capacity of local government to respond to

problems and opportunities• Creates basis for subsequent planning efforts through

Elements: Housing; Noise; Open Spaces; Public Facilities and services; Infrastructures; Land Use; Air; Historical Preservation; Cultural; Safety; Conservation; Health

• California government codes may be found at: http://www.leginfo.ca.gov/calaw.html

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hierarchy: ‘watching the watchmen’: major state planning laws and you

The State has enacted many land use regulations and development policies which Cities must implement through zoning ordinances.

THAT IS, Cities pass enabling legislation and changes to their plans—a shift from local control to state control. It has become common for development interests to propose state legislation as an ‘end run’ around local restrictions or plans…or CEQA.

Some examples include:

AB 283: Zoning conformance with plansAB 1866: Accessory Dwelling UnitsSB 226: Infill Development SB1818: Density BonusSB 375: Sustainable Communities/Climate ChangeSB 743: Vehicle Miles Travelled ‘VMT’ metric implementationSB 744: Required Parking reductions within 1/2 mile of transit

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hierarchy: key state links

• Department of Alcoholic Beverage Control: http://www.abc.ca.gov/

• Office of Planning and Research ‘OPR’ CEQA; [implementation of SB 743 VMT]: http://opr.ca.gov/s_ceqastatutes.php and http://opr.ca.gov/s_sb743.php

• CEQA: http://resources.ca.gov/ceqa/

• Strategic Growth Council: http://sgc.ca.gov/

• Department of Finance: http://www.dof.ca.gov/

• Housing Policy and Practices Advisory Group [implementation of SB 375 & Regional Housing Needs Assessment ‘RHNA’]: http://www.hcd.ca.gov/housing-policy-development/advisory-committee.html

• Air Resources Board [SB 375 Sustainable Communities/Climate Change] http://www.arb.ca.gov/cc/sb375/sb375.htm

• State Building Code may be found at: http://www.bsc.ca.gov/

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hierarchy: SCAG: Southern California Association Of Governments

• the regional resource for land use planning, mapping and data, SCAG has emerged with key role in transportation planning. It is the nation's largest metropolitan planning organization, representing six counties, 191 cities and 18 million residents]

– SCAG’s 2016 Regional Transportation Plan-Sustainable Communities Strategy, or RTP/SCS Policy Growth Forecast, includes estimates/projections of population, households, and employment at the sub jurisdictional level.

– SCAG limits public access -via an application process and a confidentiality agreement that specifies data may not be released or shared below the jurisdictional level- to sub jurisdictional data relative to TAZ or “Transportation Analysis Zones”

• SCAG maintains a current California legislative matrix

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hierarchy: Metropolitan Transit Authority ‘Los Angeles’ Metro’

• Metro: http://www.metro.net/ transit station development as well as some land use planning around stations with an emphasis on affordable housing

• The LA TOD study: an in depth look at development potential around the 71 existing and under construction stations in Los Angeles by the Center for Transit-Oriented Development. Was funded by outside groups: http://latod.reconnectingamerica.org/welcome

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hierarchy: plans can originate from other sources. TOD typology study asset map

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hierarchy: city of los angeles planning department

– LADCP prepares, maintains and implements General Plan Framework State mandated elements [transportation, etc.]

– Land use: prepares and updates 35 community plans

– Implementation of land use: zoning regulations and subdivision of land through the comprehensive zoning code

– Maintains Summary Case Tracking & detailed case information on the DCPLA website: http://cityplanning.lacity.org/

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hierarchy: recode la: 3 codes to 1 web based code

• A comprehensive revision of the zoning code—a 5 year plan: http://recode.la/about

• Goals: • Reorganize existing code into Web-Based Zoning Code

» User will be able to call up complete information on a property with one or two screens

» Combines ZA decisions ‘phantom code’ & LADBS interpretations

» Searchable and illustrated

• - See more at: http://recode.la/about#sthash.lL6skQmw.dpuf

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land use: the general plan framework element of the city’s general plan

• Guides intensity, arrangement and location of private and public land use– Each generalized land use category is associated with a more specific

category; those in turn are associated with specific zones of use

• Implemented through the 35 community plans– Basic elements of a Community Plan

» Residential » Commercial» Industrial» Open space» Public facilities

Adjusting Plans: More restrictive=downzone*; less restrictive= upzone. *Downzoning is significantly and increasingly impeded by state regulations. The Regional Housing Needs Assessment ‘RHNA’ each city is required to update every 8 years quantifies the number and types of housing needed to accommodate projected population and job increases by local councils of governments [SCAG]

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land use: from general to specific

Think of the Plans’ hierarchy this way:

The Framework Element of the General Plan is the ‘regional map’

The Community Plans; Specific Plans; and other types of overlays are the ‘road maps’

The Zoning Code is the ‘turn by turn’ on the ground directions

NOTE: Zoning must be consistent with the Plan designation

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land use: layers and layers of plans

Specific plans and overlays sit on top of, and govern application of community plans’ zoning: setbacks, architecture, landscaping, pedestrian orientation, height [figured from grade level], sight lines, and other additional qualifications for development

• They may limit uses and/or • Establish Floor Area Ratio ‘FAR’: Control the size of the

building in relation to the size of the land parcel Must have vertical compatibility with all plans above –cannot allow more but can restrict to less than the general community plan

Other plan types- More restrictive overlay is the one which legally applies. Examples:

• Community design overlay ‘CDO’• Historic preservation overlay zone ‘HPOZ’• CPIO: The Community Plan Implementation Overlay• ‘TIMP’: Transportation Improvement and Mitigation Plan• ‘Transit Neighborhood Plan’

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land use: the zoning code: legislative control of development activities

May be found online at http://www.amlegal.com/library/ca/losangeles.shtml

Best Practice: Good PDFs to download and have on hand—these are all found on the LADCP website:

• The Zoning Code Summary • The Conditional Use Permit Summary• The Uses Permitted in Various Zones List-

recently updated to reflect by right; public benefit; and those requiring a CUP. Found on the front page of the website under ‘What’s New’

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hierarchy: decisions, decisions: who makes the call on application of the

zoning code?The zoning code provides the legal framework for any changes to land use policies; sets height, location and size of buildings; governs actions allowed; and what the decision process is, as well as who makes the call:

• Zoning Administrators: Variances; CUPs; plan approvals; other quasi-judicial actions

• Area Planning Commissions: some CUPs; zone changes within community plan specifications; specific plan exceptions

• City Planning Commission: amending community plans; large projects; a few CUPs

• Advisory Agency: Land divisions including Tentative tracts; small lot subs; parcel maps; new condos/condo conversions

• Or, occasionally, the City Council may assume jurisdiction on a case [the ‘245’]

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PLUM:YOUR NC’s key to quality planning

A PLUM committee is the hardest working committee in any NC

– An NC PLUM Committee typically reviews all Early Notification System ‘ENS’ applications

– Lots of extra reading, education, and research involved in order to balance community needs and concerns with applicants’ entitlement requests

– The specific number of hours a committee member spends on land use issues will vary greatly between NCs

– A PLUM member may have to review multiple applications and attend more than one PLUM meeting per month depending on the ENS list for that NC

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PLUM: outreach before the crunch

Best Practice: Have strong knowledge of your community’s development hot buttons and preferences before that big project comes along

• For this, consistent outreach to all your stakeholder groups is important.

• Position your PLUM committee as a voice for your stakeholders.

• Communication: Your NC PLUM Committee must make sure your neighborhoods know about development projects even if the applicant refuses to do any extra notification

• Inventory large sites and maintain informal contact with property owners where possible

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PLUM: bi-monthly early notification system ‘ENS’

• NCs receive filed LADCP case information via bi monthly emails • Best Practice: Be sure to have multiple PLUM members register to

receive the ENS emails– Look these over carefully, including neighboring NC & Citywide

cases as well as your own. Project impacts can and do cross boundaries

– Have a system in place for evaluating your NC’s cases. – Some cases are not significant enough for an involved discussion.

This is something which can vary greatly from NC to NC. Sometimes, over in height fences are an issue. In other NCs, it is alcohol permits or parking. Go by your own community’s priorities and needs as determined by your outreach.

Best Practice: Everybody needs friends: Network with neighboring NCs on planning issues as well as your regional alliance if you have one. No need to re-invent the wheel

Go to PLANCHECK, http://plancheckncla.com/ —your colleagues will be happy to help you

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PLUM: dealing with applicants

Best practice: all land use project discussions should always take place in an open, Brown-acted meeting

– protects the NC: eliminates accusations of unfairness– protects stakeholders and neighbors by keeping public trust– establishes a public record of interactions

• Best practice: a member of an NC PLUM who has had outside or individual contact with an applicant on a case should always state this for the record, ‘ex parte disclosure’.

• Best practice: make sure all PLUM members are up to date on the state mandated ethics training

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PLUM: working the hard copy zoning packet

In addition to ENS, Neighborhood Councils receive hard copy discretionary project filing packets via snail mail. Immediately upon receipt of these:

• Research the case: Look up property history on ZIMAS including old cases

• Calendar a Land Use Committee meeting with the applicant• Make sure neighbors are notified: sometimes 500 feet is not enough

for a very large project. E blasts are great for this• Best practice: scan the packet and put it online immediately Check

Google Earth: Then, walk the site and neighborhood. Take pictures. • Time limits: THE CLOCK STARTS TICKING ON THE DATE AN APPLICATION

IS DEEMED ACCEPTED by DCP. Time limits vary depending on the approval being sought. See flowcharts on DCP website. Make sure your stakeholders know that appeals periods are very short—usually no more than 15 days. An applicant must agree to extend time limits

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PLUM: researching a case

Assessment: What is it and how complex is it? Major Development? A precedent in the neighborhood? A community flashpoint? A reboot in different form of a previously rejected proposal? Revival of a dormant project, or ‘zombie’? Floor Area Ratio [aka ‘FAR’] change?

Review the applicable codes and check the environmental clearance. Alcohol permits: check the state permit site: http://www.abc.ca.gov/datport/AHCity.asp

Double Check timelines for the type of case on the DCP website: most cases are required to be decided within 75 days of when the application is deemed complete by DCP

Note: You can visit Piper Tech downtown to view older case files not scanned in to the Planning Dept. tracking system; make an appointment in advance: 555 Ramirez Street, Los Angeles, CA 90012 (213) 473-8440

Public Records: many documents must be made available to the public under California law. Check the California Public Records Act for information on how to file a PRA request and what is excluded from the law: http://www.nfoic.org/california-foia-laws

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Best Practice: have a sample property research & information form on hand to help guide your research• BASIC PROPERTY RESEARCH FORM: ADAPT TO YOUR NC • Project Description:__________________________________________________________________• City Council District:_____________________ Planning Deputy Contact:_______________________• Community Plan Area:_______________________________________________________________

– Other Plans [Research carefully!]• Specific Plan ( ) No ( ) Yes: Type:________________________________________ • Traffic Improvement and Mitigation [‘TIMP’]: ( ) No ( )Yes____________________• CDO, HPOZ, etc.? ( ) No ( )Yes: Type:___________________________________

• Other NC’s—is it across boundaries or on the border between NCs?___________________________• Existing Zone:____________ Height District:___________ Special District:_____________________• Significant “Q” or “T” conditions (what are they?):

– Permanent ( )_______________________________________________________________ – Temporary ( )_______________________________________________________________

• Special Planning Department reviews required? – ( ) No ( )Yes: What types?____________________________________________________

• Permitted “by-right” uses—ALL WHICH APPLY– Commercial ( )_______________________________________________________________– Residential ( )________________________________________________________________– Industrial ( )_________________________________________________________________

• By-right development potential including:– Maximum density: Units:________ Floor Area:___________– Likely parking required: ( ) spaces [Check ratios for various uses]– Density bonus potential, if any:

• None ( ) Explain:______________________________________________________• Yes:_______% Units

– Number and type of units [low, very low, senior, etc.]______________________– sizes of units:_____________________________________________________

– Open space requirements, if any: • Define:________________________________________________________________

– Maximum permitted building height:________________________________________________– Setbacks:

• Front Yard:_____________________________________________________________ • Rear Yard:_____________________________________________________________ • Side Yards:_____________________________________________________________

– Maximum FAR (both commercial and residential where appropriate):• Commercial ( ): Ratio:_______________Area:_______________Sq. Ft.____________• Residential ( ): Ratio:_______________Area:_______________Sq. Ft.____________

• Land use category and Permitted zones within that category:__________________________________• __________________________________________________________________________________• Street classifications: Current ROW:_____________________________________________________

– Likely dedications, if any:________________________________________________________– Location of driveways:__________________________________________________________

• Other land use information: – Building Lines: No ( ) Yes ( ) Ft. – Special use district: No ( ) Yes ( ) Define: – Review the property’s building permit history: list and comment:

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PLUM: research on ZIMAS

first stop, ZIMAS: The LADCP property database and all around encyclopedia

• All key information is found by navigating this site. Reports can be downloaded on any property in the City, including LADBS Property Activity Reports which track building permits and code violations

• Best Practice: Always check Assessor’s map: it will show parcels which are connected by ownership with a small zigzag symbol

• it is a good idea to review ZIMAS data for your community for errors and omissions or incorrect zone designations

NOTE: for multifamily buildings permit activities, search Los Angeles Housing Department Property Activity Reports through the LAHD website search function http://cris.lacity.org/cris/informationcenter/code/index.htm

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PLUM: track code[s] & ordinances

• Find the zoning code which applies--the complete City codes are found at: http://www.amlegal.com/library/ca/losangeles.shtml

*Be sure to look up all referenced ordinances and recent changes

• Check the Community Plan and other applicable plans, and Ordinances, including drafts, on the Planning website

• All Ordinances may be found at the City Clerk Connect Council File management System: http://cityclerk.lacity.org/lacityclerkconnect/

• Are there any brand new Council Motions which might apply?

• Best Practice: Check state statutes such as Density Bonus; Tentative Tract and other State Subdivision Map Act processes; alcohol [permit status and complaints]

*It is important to check the City Clerk records as the American Legal Publishing site may not be up to date

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PLUM: checking infrastructure: Bureau of Engineering

NAVIGATE LA is the key website: http://navigatela.lacity.org/index.cfm

• Infrastructures-sewers and storm drains• Street rights of way/Street widening• Grading permits and haul routes [NOTE: Grading

permits are accessible to the public upon filing per the California Public Records Act.

• Best Practice: check haul routes. Haul routes are tracked through the Board of Building & Safety Commissioners’ webpages: http://ladbs.org/LADBSWeb/board-of-building-safety-commissioners.jsf

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PLUM: California Environmental Quality Act, ‘CEQA’

All development projects must be evaluated: • no impacts =negative declaration

• some impacts =mitigated negative declaration– In some cases, a mitigated negative declaration may have more enforcement

‘teeth’ than an EIR because the mitigations are written into the entitlement grant as conditions of approval. A full EIR is merely an evaluation, and recommended mitigations can be ignored by the decision making body[statement of overriding considerations]

• impacts = environmental impact report– An EIR can be targeted, that is, only address specific impacts under certain

circumstances– ALWAYS attend scoping hearings for project EIRs. If issues are not raised at the

scoping hearing, it becomes impossible to challenge the EIR content on the issue and impossible for neighborhood groups to pursue legal remedies.

– http://ceres.ca.gov/ceqa/

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PLUM: research on major projects

A massive project with an EIR running 1,000s of pages represents a huge challenge for your neighborhood volunteers in terms of analyzing impacts in a constricted period of time

• Decide what your community focus will be: which impacts to address?

• Best Practice: ‘Chunking’: Divide up the target impacts for research assignments

• Beware the boilerplate response; write your comments so the EIR consultant must respond to the point

“This comment repeats information from the Draft EIR about the effectiveness of _______mitigation measures identified for the Development Project, but the comment does not state a specific concern or question regarding the sufficiency of the Draft EIR in identifying and analyzing the environmental impacts of the Development Project and ways to reduce or avoid these impacts. However, the comment is acknowledged for the record and will be forwarded to the decision-making bodies for their review and consideration”

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PLUM: do the math…and the comparisons

Best Practices: Run the ‘by right’ project[s] numbers for the project site to get perspective on the project and its implications for your neighborhood. Sometimes a ‘by right’ is bigger and has more negative impacts than a discretionary project. Most development in the City is by right—some estimates range as high as 85% of all projects.Floor Area Ratio ‘FAR’ is the primary control on building size and bulk. Know the existing FAR for the project area, the maximum build out permitted, and carefully look over proposed FAR changes.And, for citywide code revisions/updates: a matrix can be very helpful in sorting out proposed citywide ordinances, especially by comparing Los Angeles planning proposals to neighboring cities’ efforts.

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PLUM: conditioning a project

• volunteer conditions are worth the paper they are written on…legally unenforceable

• work with the applicant: can the project help solve a local neighborhood problem or provide a desired or much needed use in the community?

• base proposed conditions on impacts-there should be a nexus and the condition should mitigate the problem

• Some NCs maintain their own list of standard conditions. Example: no night deliveries for certain uses

• Best Practice: Use asset mapping if your NC has many cases of a certain type [alcohol; valet parking; or the like] to see what conditions might be imposed in the impacted areas

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PLUM: alcohol, permit timing, & Calif. ABC

• The City Attorney has opined that Los Angeles cannot enforce conditions on alcohol as the state ABC regulations supersede local ones.

• LADCP has established—and funded--a new Code Compliance unit

– The goal is to align state and local permitting processes for alcohol uses in order to enable local jurisdictions to request ABC conditioning where needed

– Present focus on Conditional Use approvals related to alcoholic beverages (CUBs) and entertainment (CUXs)

– Goal to expand unit oversight over all entitlements with conditioning

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PLUM: community benefits

• California state law requires there be a direct nexus between what is being asked for as a community benefit and the project’s impacts

• Asking for money to create a mitigation fund for specific future potential problems [for example, a fund for traffic signs/lights within a certain radius of the project] is sometimes a good solution but be careful.

• Best Practice: make your request for community benefits specific– have a clear chain of authority overseeing any monetary fund– have a time limit and /or checkpoints on expenditures– again, there must be a nexus. Otherwise, this is extortion

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PLUM: what your board needs to know

• The 411 on the application including all key details: impacts; potential mitigations; possible precedents

• Neighborhood opinions and input: surveys; door to door contact; extra hearings or meetings held by the community, or by neighborhood associations, or by PLUM; etc. It is a good idea to hold as many neighborhood meetings as it takes to get input/consensus

• The reasons for the PLUM committee’s decision and recommendation

• What the PLUM vote was. – Best Practice: Always a good idea to include a minority report for completeness and

fairness

• What the alternatives are in the event the NC recommendation is ignored by the City

• Where the council office [or in some cases, offices] stands

• And have the applicant present to answer project questions

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PLUM: components of a strong motion

Best Practice: State case, identify process, recommendations and any conditions desired or agreed upon

• State the project case id and address

• Identify the processes [ZC; CUP; ZV; ZAA; TT; etc.]

• State the PLUM recommendation: to approve; approve with conditions; disapprove; take no position or whatever

• If recommending approval, note the agreed upon conditions and any community benefit. These should be written into the decision by the decision maker in order to have any legal standing

• If recommending disapproval, state the exact reasons: lack of compliance with applicable community and specific plans or overlays; incompatible with neighborhood character; setting an undesirable precedent; inability to make the required findings as required by the zoning code; and the like

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PLUM: speak to the findings

Best Practice: The motion, pro OR con, should always speak directly to the findings needed to make [or break] the case. This is the optimum way to communicate with the Planning Department and decision makers.

• Each type of application may have a slightly different threshold or number of required findings. Variances have 5 findings; CUPs will vary depending on the type of application. Sometimes, you will have to check state law: there are specific state findings for tentative tract maps, for example.

• Be sure to include your observations on the applicable Community Plans and overlays

• Check out similar case write-ups through the Planning Summary Case Tracking System http://planning.lacity.org/cts_internet/ for language

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PLUM: the vital CIS:community impact statements

Best Practice: Always file a CIS. Community Impact Statements [CIS] are the voice of your community, appear in the case files, and are seen by decision makers--so taking the time to draft them for development projects is imperative

• When NCs submit a CIS they then get 5 minutes to present at committee and City Council meetings

• Complete information on drafting and filing CIS may be found here on the EmpowerLA website:

http://empowerla.org/community-impact-statements-what-they-are-how-to-file-them-why-you-should-write-one/

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PLUM: keeping an eye on citywide issues

Best Practice: check Citywide case filings on the bi monthly ENS• CPC-2016-2110-CA | ENV-2016-2111-ND: Neighborhood

Conservation: BMO, BHO and new R1 Variation Zones• 14-0057-S2_mot_08-25-2015 SHARED VEHICLES:

substitute one shared vehicle for every 4 required parking spaces within ¼ mile of transit corridor

• 15-1003_mot_08-25-2015 SITE PLAN REVIEW: raise the threshold from 50 residential units

• 15-1004_mot_08-25-2015 MICRO HOUSING: Greater Downtown Housing Incentive Ordinance as model to encourage production of micro-units

• 14-0057-S5_mot_08-25-2015 FEES: ‘use’ fees deferred and collected later until the issuance of a Certificate of Occupancy for a residential development.

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PLUM: ever elusive enforceability

‘Enforceability’ requires three very important things be written into an ordinance

– Definitions– Process– Consequences

Best Practice: Diagram proposed ordinances to determine clarity and potential enforceability. Review ordinance language carefully. If any of these three aspects are missing and/or weakened in a proposed ordinance, it will be very likely prove unenforceable.

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PLUM: diagramming enforceability

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And, for those of you who are totalgluttons for punishment

newspapers & blogs & books: • LA Times: http://www.latimes.com • Los Angeles Daily News: http:// www.dailynews.com • LA Weekly: http:// www.laweekly.com • LA Observed: http:// www.laobserved.com • California Planning & Development Report: http:// www.cp-dr.com • The Planning Report: http:// www.planningreport.com • Newgeography: http:// www.newgeography.com • High Country News: http:// www.hcn.org • Curbed LA: http:// www.la.curbed.com • Zocalo: http:// www.zocalopublicsquare.org • Planetizen: http://www.planetizen.com • Next City: http:// www.nextcity.org • Citylab [Atlantic Magazine]: http:// www.citylab.com • Washington Post: http:// www.washingtonpost.com • NY Times: http:// www.nytimes.com • Urbanize LA: http://urbanize.la/ • Buildzoom: https://www.buildzoom.com/blog/ • Streetsblog: http://la.streetsblog.org/

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newspapers & blogs & books, continued: 

• GUIDE TO CALIFORNIA PLANNING Second Edition, • By William Fulton; Solano Press Books, ISBN#0-923956-54-9• THE RELUCTANT METROPOLIS, By William Fulton; Johns Hopkins

University Press, ISBN#0-8018-6506-9• FORM BASED CODES, By Parolek, Crawford; John Wiley & Sons Press;

ISBN#978-0-470-04985-3• CURTIN’S CALIFORNIA LAND USE & PLANNING LAW, by Cecily T.

Barclay and Matthew S. Gray; Solano Press, ISBN: 978-1-938166-06-8• KEYS TO THE CITY, by Michael Storper; Princeton University Press, ISBN

978-0-691-14311-8• THE RISE AND FALL OF URBAN ECONOMIES: by Michael Storper,

Thomas Kemeny, Naji P. Makarem & Taner Osman; Stanford University Press, ISBN: 978-0-8047-8940-0

• SPRAWL, by Robert Bruegmann; University of Chicago Press, ISBN 0-226-07690-3

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acknowledgements & credits

Profound thanks and appreciation are due my colleagues and neighbors at Mar Vista Community Council ‘MVCC’

PLANCHECK NCWestside Regional Alliance of Councils ‘WRAC’

for their collective wisdom and community leadership on planning issues.

Thanks is also due EmpowerLA for enabling NCs to find their collective voice.

The views and opinions expressed herein are solely my own as a private citizen.

respectfully submitted, sharon commins

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bonus slides:the art of advocacy, pro or con

aka sharon’s cheat sheet on how to talk to government

Talking To City Hall… because your volunteer PLUM job doesn’t end with the CISFIRST:

1. Recognize that city officials are working folks trying to get the city’s tasks done without bringing down heat on themselves or their department.

2. Recognize that full time lobbyists have a tremendous advantage in gaining access to city elected officials and paid staff, unlike we part timers: residents, neighborhood councils and other associations.

3. Recognize that, in view of the above, local groups have to work harder; provide more accurate information, and track projects of interest to their neighborhoods with greater diligence. This is counterintuitive-most taxpayers feel they are paying city staff to perform a job; extra effort should not therefore be required. The pro lobbyists know better-this is why they are so successful with getting difficult projects through the bureaucracy.

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the list

1.Treat every city official and employee you meet, from the mayor on down to the council office student intern, with extreme courtesy at all times and in all places. How do the paid guys get the ear of city hall staff? Common courtesy and empathy. They engage city staff in a partnership mode. Access to power isn’t solely based on campaign contributions-although that can certainly help. Watch a pro work a public hearing room and you’ll get it. Hard to believe, but simple civility puts you ahead of 99% of others besieging city hall with concerns and complaints. The phrase, “How can I (we) help out here?” is magic.

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and,

2. Know the government jurisdictions, plans, and codes which apply to your project or issue

3. Think regional. Alliances amplify an NC’s voice on behalf of its stakeholders

4. Define arguments in favor of your project or issue to provide a road map for approval. City staff does not have time to micro-analyze every proposal.

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equally counterintuitive

5. Be prepared; be familiar with every detail of the issue you are advocating. Facts carry the day here. If your issue requires knowledge of, say, morning traffic patterns…get out and acquire the necessary information to make your case, and do it BEFORE you talk to any city official. Jpegs, video, physically stand on a corner during rush hour and hand count cars-whatever it takes. It isn’t enough to claim that your issue will benefit all mankind and promote world peace…prove it.

6. Frame your arguments positively. Always. “The community might benefit long term from” or “has the staff considered these aspects,” etc.

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kindness

7. NEVER insult any city official or employee, either verbally or in writing. People who indulge in berating staff frequently live to regret it. In any case, representing YOUR NC precludes behavior and actions which reflect unfavorably upon your Neighborhood Council as a whole.

8. NEVER insult your NC colleagues and stakeholders, either verbally or in writing. Your NC is an all-volunteer organization and you are working an issue [in most cases] with your friends, neighbors and peers. It is OK to agree to disagree civilly.

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negotiate

9. On land use: Remember that discretionary permit requests (requests for certain exemptions from the zoning and planning codes) are just that: optional. And, more importantly, they are negotiable. Don’t fall in love with your exact plan; it will evolve along the way.

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compromise is not a 4 letter word

10. Compromise. Be flexible enough to know when you have achieved your objective.

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last but not least

11. You do NOT lose your right to freedom of speech by being an elected NC Board member or Committee Co-Chair. However, IF your personal point of view differs from a formally adopted NC position on a project or issue, you MUST make it clear you are speaking as a private citizen when addressing or meeting with city departments or electeds on your personal issue.

12. Be careful in negotiation. Members of an NC PLUM committee should never take private meetings with applicants. All requests for meetings should be referred to the NC’s open and public PLUM meeting

13. Make sure the benefits offered by the project are real

14. ‘VOLUNTARY CONDITIONS ARE WORTH THE PAPER THEY ARE WRITTEN ON-City Attorney will not enforce voluntary conditions.