VOL. 26, NO.19 – OCTOBER 1, 2011 PLANNING & DEVELOPMENT REPORT Sacramento County Plan Embraces ‘Paradigm Shift’ in Growth Management BY JOSH STEPHENS SACRAMENTO COUNTY MAY NOT RANK among California’s great wine not sure anyone else has done exactly the same way,” said Mike McK- countries, but it does appreciate the value of aging. Eight years in the eever, executive director of the Sacramento Area Council of Govern- making, the land use element of the county’s new general plan update is ments. County Supervisor Phil Serna called it a “paradigm shift for how on the verge of approval by the county Board of Supervisors. In contrast the county is going to consider growth in the future.” with the contentiousness that has surrounded many other recently updated Critics of the growth management strategy contend that there will be county general plans, this one – save some concerns about the protection political pressure to not follow through with the plan’s density goals, of wild habitats – seems to be pleasing just about everyone. which could then open up greenfields to development more quickly than The plan still holds the theoretical potential to expand the “Urban Pol- planners anticipate. icy Area” by up to 20,000 acres. However, in order to direct development “Our big concern is that despite strong criteria, the actual implementa- towards what county planners explicitly refer to as a “smart growth” pat- tion of projects will involve a never-ending series of concessions and re- tern, the county has established a novel set of benchmarks that proposed laxations and decisions that will end up with the kind of development that development must meet before they can even think about treading beyond we have historically seen at the edge of the urban area, which is primarily the established Urban Policy Area. single-family residential, transportation systems that are inadequate, and “They have fashioned a really innovative kind of approach that I’m – CONTINUED ON PAGE 10 Land Use Legislation Roundup

Governor signs Gov. Jerry Brown considered more than 870 bills Though the governor publicly griped about the that came to his desk this legislative session. Some number of bills that the Legislature presented him – bills regarding of the most contentious involved land use, particu- the chambers considered a total of 2,719 bills this larly bills concerning redevelopment and the Cali- year – it was actually the lowest number in decades. redevelopment, fornia Environmental Quality Act. The City of Los Yet, he still managed to veto 14 percent of them. Angeles got a CEQA exemption for its proposed Herewith is CP&DR’s roundup of bills relating to CEQA, transportation football stadium and infill developments have re- land use that made the cut. ceived special dispensation; speculation is that other such exemptions may be on the horizon. High-profile California environmental Quality aCt failures and vetoes include a bill opposing the expan- aB 320 (Hill) will prevent CEQA lawsuits and lit- CLICK HERE sion of Walmart in and a bill that would igation from being thrown out in the event a “recipient for last year’s have lowered parking requirements in transit-orient- of approval” appears only after the statute of limita- roundup. ed districts. tions time period has passed. The bill will help bring – CONTINUED ON PAGE 8

IN BRIEF LEGAL DIGEST LEGAL DIGEST Napa County Malibu developer How long is a ‘day’ considers light rail...... Page 2 wins right to subdivide...... Page 4 in land of CEQA?...... Page 6 IN BRIEF LEGAL DIGEST FROM THE BLOG Three CAi cities win n APA s iCourt d rules for county e Planners try to resurrect ‘Great Places’ awards...... Page 3 in flood damage suit...... Page 5 Westwood Village...... Page 12 2 10.01.2011

THE U.S. DEPARTMENT of Housing & Urban Devel- yond the 11-mile mark. Three nonprofit corporations Vine Trail would be constructed on the right of way of opment has decided upon five neighborhoods to re- sued, arguing that the use of the auger would violate the Wine Train.The Napa County Transportation and ceive the first awards of a $122 million federal initiative the Wilderness Act, which forbids use of motorized Planning Agency found, in 2003, that the estimated targeting blighted areas. The initiative by the Obama equipment. The plaintiffs – Californians for Alternatives cost of building a passenger rail system in Napa Valley Administration gives out Choice Neighborhood Imple- to Toxics, Wilderness Watch, and Friends of Silver King would be $216 million. That price tag would mean a mentation Grants to cities with poor areas, in order to Creek – also argued that the plan prioritized recreation- connected system between Napa, Fairfield, and Valle- redevelop and revitalize those neighborhoods. Some al fishing over preservation of wilderness character. jo, with service every hour to the Vallejo ferry and the of the goals of the program are to provide better qual- Judge Damrell agreed, saying that the agencies had Capitol Corridor train terminals. ity public housing, improve public education, lower vi- neglected to take into account other native invertebrate olence rates, and present a path for people to begin species which may be negatively impacted, such as THE LEADERS OF PALM DESERT have voted to up- improving their lives. A grant of $30.5 million went to stoneflies, caddisflies, and mayflies. date a study about the costs of annexing Sun City the Alice Griffith Public Housing Development/Eastern Palm Desert. This study was last completed in 2008, Bayview community in San Francisco. RESEARCHERS AT THE WORLD BANK in Washington and annexation was unsuccessful. To do a new study D.C. have analyzed per-capita emissions of major would cost $20,000, and the costs of renewing the JOINING SEVERAL NONPROFIT ORGANIZATIONS, metropolitan areas in the and discov- old study are undetermined as of yet. Some believe California Attorney General Kamala Harris has filed a ered that dense urban areas in warm climates with that acquiring Sun City Palm Desert could be a good lawsuit against Riverside County over an enormous good transportation systems have far lower emis- move, considering that the city already pays for most warehouse project. The project includes plans to con- sions per-capita. In a study published earlier this year, of its own services and generates sales tax from busi- struct 1.4 million square feet of warehouse and in- the researchers identified these trends and compiled nesses along I-10. However, Mayor Jean Benson and dustrial buildings just south of the 60 freeway, about a list of the top ten least-polluting metro areas in the Councilwoman Cindy Finerty shot down the idea, con- three miles away from the small, low-income com- country. San Francisco topped the list, with 10.1 tons cerned about both the cost of the study itself and the munity of Mira Loma. Thousands of trucks from the of carbon emissions per capita. San Diego and, probability of Riverside County Local Area Formation Ports of and Long Beach already pass shockingly, Los Angeles also reached the top ten list allowing annexation of Sun City Palm Desert without through Mira Loma to deposit cargo, contributing to at numbers four and eight, with 11.4 and 13.0 tons also annexing Bermuda Dunes. Bermuda Dunes, a massive truck pollution and lessened lung growth ca- of carbon emissions per capita respectively. Other 200-foot wide strip, runs along the northeastern bor- pacity problems in children, as documented by a USC cities at the top include, in descending order, New der of Palm Desert, and lacks a few of the standard study. The new facilities would mean an estimated ad- York City, Philadelphia, Miami, Chicago, Portland, features of most cities, like full sidewalks. Palm ditional 1,500 diesel truck trips to the area each day. Boston, and Seattle. This research might indicate bet- Desert could be required to add those, as well as All trucks which would enter the facility must have ter development potential in large, dense cities with other amenities, and the cost of doing so might pro- been manufactured after 2007, and will have particu- warmer weather, since those cities have emission lev- hibit the annexation altogether. late traps on them. Riverside County is presumed to els below the U.S. average, and may pave the way to- oppose the intervention by the attorney general, but ward incentives to build denser neighborhoods with LAST MONTH, THE OLDEST SALT FLAT in the Bay has not yet commented publicly. better access to transportation. Area was destroyed in order to return the area to wet- lands, as part of the 15,000-acre South Bay Salt Pond U.S. DISTRICT COURT JUDGE Frank C. Damrell Jr. has INVESTORS HAVE ENTERED discussions with the Restoration Project. Since the Gold Rush, levees have decided that a joint federal-state attempt to restore the Napa Valley Wine Train about bringing a light rail pas- been in place to create ponds from which to harvest Paiute cutthroat trout population in Alpine County can- senger train to wine country. The group of local in- salt, used by Ohlone Indians and then by commercial not include the use of an auger to dispense chemicals. vestors, brought together by Keith Rogal and presided organizations. Now, most of the salt flats are owned The U.S. Forest Service and the California Department over by Chuck McMinn, wants the shuttle service to by the state and federal governments and will also be of Fish and Game want to put rotenone in 11 miles of run on the tracks of the gourmet tourist train. Rogal knocked down for wetlands restoration. Once the lev- Silver King Creek in the Carson-Iceberg Wilderness is a developer, currently working to build a project ees are breached, though, experts believe the natural Area – poisoning all non-native fish species in the creek called the Napa Pipe housing/light industrial project, tides will restore land to the way it was within ten – and then fill the creek with Paiute trout gathered from and McMinn is the executive director of the Napa Val- years. Buying the salt flats cost $100 million, plus the other creeks. Further downstream, the agencies had ley Vine Trail Coalition. Both have particular interest in planning necessary for breaching levees and the cost planned on using the auger, which would be powered a light rail train – Rogal’s project has been criticized of actually doing it means more millions of dollars. by a gasoline generator, to distribute potassium per- for its potential to cause traffic congestion and a light However, the environmental and economic impacts manganate to neutralize rotenone’s toxic effects be- rail could solve that, and the proposed Napa Valley will both be positive, say wetlands advocates. Envi- – CONTINUED ON PAGE 3

William Fulton Morris Newman, Kenneth Jost is published semi-monthly by Subscription Price: $238 per year Editor and Publisher Emeritus Contributing Editors ISSN No. 0891-382X Josh Stephens Abbott & Kinderman, LLP Solimar Research Group Editor Legal Digest Post Office Box 24618 Visit our website: Ventura, California 93002 WWW.CP-DR.COM Paul Shigley Robin Andersen Senior Editor Circulation Manager Telephone: 805/701-CPDR (2737) You may e-mail us at: Facsimile: 805/643-7782 [email protected] David Blum Connie Phu Graphic Design Editorial Intern

Copyright © 2011. All rights reserved. This publication may not be reproduced in any form without the express written consent of Solimar Research Group. 3 10.01.2011

– CONTINUED FROM PAGE 2 ronmentally, the natural landscape will offer protec- the project’s impact on traffic. This rule applies to ples about form and composition, character and per- tion from rising sea levels, better control sediment in housing developments of 50 units or more, office sonality, and environmental and sustainable practices, water, and improve the water quality overall. Econom- space of over 39,000 square feet, and the majority of as well as geography, population, demographics, and ically, the beautiful scenery will attract tourists and industrial and retail buildings. Developers conse- setting. Northbrae, in Berkeley, achieved distinction locals alike to visit the coast. quently sued, complaining that the rule was an illegal for being a Great Neighborhood. In Los Angeles, West state regulation of motor vehicles and violated the Hollywood’s section of Santa Monica was designated THE LEAGUE OF CALIFORNIA CITIES has elected and Clean Air Act, which leaves regulation of motor vehi- as a Great Street, and in Riverside, Fairmount Park sworn in its new leadership. Mountain View Vice cles to the federal government. At both the district was recognized as Great Public Space. Mayor is now the president of the League, replacing and circuit court levels, they lost. When the Supreme Modesto Mayor Jim Ridenour. Bill Bogaard, the Court declined to hear it, the rule stayed in place. De- THOUGH THE GROUND has been broken already, the mayor of Pasadena, is now first vice president of the velopers are now arguing that house prices will rise 1.7-mile subway which would run from Chinatown to League, and Jose Cisneros, the treasurer of San Fran- on average by $500 to cover the new development South of Market in San Francisco is running into more cisco, is second vice president. costs. The fees will go to air district programs that obstacles which might prohibit construction. Three help small businesses and local farmers purchase mayoral candidates – City Attorney Dennis Herrera, U.S. DEPARTMENT OF THE INTERIOR Deputy Sec- newer equipment to emit less smog or soot. Public Defender Jeff Adachi and former City Supervi- retary Kevin Hayes is visiting the Beauty Mountain sor Tony Hall – have come out against the Central Wilderness Area to look into the potential of officially THE BUSINESS PLAN for the California high speed Subway, citing ballooning costs and advocating to designating land as wilderness area. For an area to rail project will be released two weeks after its intend- stop the project altogether. The new line, which is qualify as federal wilderness area, it must be already ed release date. Two new members of the California projected to open in 2019, will cost $1.6 billion, with owned by the federal government and controlled by High Speed Rail Authority are questioning the con- $41 million already awarded from Congress. Over the the Forest Service and other federal agencies. Being struction plans for the bullet train, and asked for its summer, the San Francisco civil grand jury recom- officially designated as wilderness area would then delayed release. With funding for high speed rail mended that the subway be aborted, given the addi- prohibit any development, including resorts, off-road- slashed in Congress, anger from property owners in tional costs could affect the upkeep of other subway ing trails, and logging. Hayes is in California the Central Valley, and congressional deadlines fast lines due to the Central Subway’s impact on the Mu- and New Mexico for land that could be part of a “bi- approaching, the project is once again under fire. In nicipal Transportation Agency’s operating deficit. Pro- partisan wilderness agenda.” The Beauty Mountain order to begin construction as promptly as possible, ponents of the subway say the line will provide better and Agua Tibia Act of 2011, sponsored by Rep. Dar- the plan is to begin construction in the Central Valley, access to public transportation in a low-income area rell Issa (R), expands the public acreage of Beauty which is presumed to be the least politically compli- that relies heavily upon two crowded bus routes. The Mountain Wilderness Area, which includes intriguing cated stretch of tracks. As of now, the bullet train’s 1989 earthquake destroyed the main off-ramp into rock formations and extensive oak woodlands, by planned route runs through a farm owned by Boswell, Chinatown, so access in and out of the district is dif- over 13,000 acres. the cotton giant. The company is pushing for an ex- ficult, and residents have been asking for increased tension of the environmental review comment period, transportation for 20 years. ■ THE U.S. SUPREME COURT has refused to hear a complaining that the train would disable irrigation lawsuit from the National Association of Building De- canals, a cotton gin complex, a seed oil plant, and a velopers against smog fees for pollution from build- private airport. ing subdivisions and other developments. The San Joaquin Valley Air Pollution Control District, in an ef- THE AMERICAN PLANNING ASSOCIATION has an- fort to curb air pollution in one of the most smog- nounced the winners of its “Great Places in America” heavy areas of the country, enacted the indirect program, including a California location in each of its source rule in 2005, which charged developers for the three categories. The APA selects and evaluates air pollution caused by construction equipment and streets, neighborhoods, and cities by a set of princi-

LAND USE ENERGY

OLIS WATER EQUITY Leadership http://olis.uoregon.edu [email protected] in Sustainablity 541.346.8227 University of Oregon Graduate Program APPLY NOW FOR FALL 2011 4 10.01.2011

Malibu Developer Gets Reduced Setback for Beachside Development Appellate court defers to Coastal staff recommended acceptance of a negative sion, the appellate court addressed a number declaration. Due to the presence of an environ- of procedural and substantive issues. Commission in dispute over mentally fragile sand dune area, and based fur- The first substantive issue dealt with the set- Malibu beachside development ther upon a dune study submitted by the appli- back for the dunes, an environmentally sensi- cant’s biologist, mitigation for dune species tive area. The town’s general plan specified a BY WILLIAM W. ABBOTT was required. The City Council eventually ap- 100-foot setback, whereas the local implemen- maliBu Bay Company (MBC) owns the last proved a revised mitigated declaration, and tation plan of the local coastal plan allowed for undeveloped beach front parcel in Malibu, a conditionally granted the approvals, subject to a reduced setback. As there were reports in the 2.08-acre, 200-foot-wide parcel. In order to ac- Coastal Commission approval. Neighbors op- record from the applicant’s and town biologists commodate its proposed division into four par - posed the approval of the entitlements, and on this subject, the court found substantial ev- cels, MDC proposed an amendment to the submitted a biologist study indicating potential idence in the record to support the Commis- Lo cal Implementation Plan of Malibu’s local impacts to sensitive species. sion’s imposition of a 5-foot setback. As to the coastal plan in order to create a new zoning dis- Further review at the Commission resulted application of these two different standards, trict which would allow for lot widths of 45 feet, in conflicting recommendations from applicant, the court held that the Commission’s interpre- a decrease from the, then existing, standard of city and commission staff biologists as to the tation was entitled to deference. 80 feet. Despite opposition from neighbor desired setback from the sensitive area, which The court then addressed the CEQA claims, Deane Ross, MBC’s request to subdivide the is a habitat for the Globose dune beetle, which in the context of a certified equivalent CEQA property was ultimately successful following is considered a “species of concern” by the fed- process as authorized by CEQA and the the ruling of the Second District Court of Ap- eral government. Commission staff eventually Coastal Act. The first matter for consideration peals in Ross v. California Coastal Commission. recommended a less aggressive setback then was whether or not CEQA’s review period for As the application advanced to the City that proposed by its own consultant, based, in EIRs (30 days; Public Resources Code section Council, council staff ultimately recommended part, on a restoration requirement. The Com- 21091) applied, or in the alternative, the 13- that the required width for all parcels in same mission staff also recommended a change to the day review period utilized by the Commission district as MBC’s property was located in, be view corridors as well. Neighbors continued to was sufficient. The appellate court held that the reduced to the 45-foot standard. Altogether, this oppose the project at the Commission level. Im- Commission’s certified regulatory program change would impact 733 parcels, although as mediately prior to the Commission hearing, was exempt on the basis that the Secretary of staff noted, a majority of the existing parcels Commission staff issued an addendum staff re- the Resources Agency had certified the Coastal were already substandard to the 80-foot width port, and recommended a further change to the Commission’s regulations which included the standard. Staff further determined that only five LCP plan amendment. The Commission ap- shorter, seven-day time period. It was too late parcels (including MBC’s) were capable of fur- proved the amendment on a 10-1 vote in June to challenge the validity of the shorter review ther division under the proposed 45-foot stan- of 2008. The matter was remanded to the Town periods under the Coastal Act. dard. Two of the five were subject to additional of Malibu who adopted concurring revisions, The Commission also successfully argued legal limitations precluding further re-division, and Commission staff ultimately certified com- to the appellate court that under CEQA proce- leaving only two parcels in addition to MBC’s. pliance with the Commission’s approvals, and dures, it acted as a responsible agency, and Staff concluded that any further re-division of the approvals took effect. therefore the many requirements and steps those parcels would require a coastal develop- The neighbors filed suit. The trial court necessary for preparation of the appropriate ment permit and CEQA review. granted partial relief. CEQA document did not apply. The appellate Concluding that there would be negligible On appeal, the appellate court reversed, rul- court also upheld the sufficiency to the re- direct and cumulative effects on aesthetics, bi- ing in favor of the town and the Coastal Com- sponses to the general public comments by the ological resources and land use and planning, mission. In the published portion of the deci- – CONTINUED ON PAGE 6 5 legal digest 10.01.2011

County Not Responsible for Flood Damage Due to Poorly Maintained Road

Court applies ‘reasonableness ties from further flooding, the county placed erties. Thus the only remaining issue, the one concrete K-rails along the sides of the paved that took up most of the court’s opinion, is test,’ sides with San Bernardino portion of the street on which plaintiffs’ live. whether strict liability or the “reasonableness County Unfortunately, another large rain storm passed test” applied. As stated in Belair v. Riverside through and the K-rails failed to contain all of County Flood Control District (1988) 47 BY CORI BADGLEY the debris and settlement. Cal.3d 550, 565, “a public agency that under- this Case involved the perfect storm of Plaintiffs brought this action against the takes to construct or operate a flood control events resulting in the flooding of the plain- county on the grounds that the county’s actions project clearly must not be made the absolute tiffs’ properties and an ensuing legal tempest. in maintaining the street in 2003 and 2004 insurer of those lands provided protection.” Plaintiffs sued the county in court claiming caused the flooding, and thereby, constituted a For this reason, courts apply the reasonable- that the flooding was a result of county’s fail- taking. The trial court found in favor of the ness test to flood control improvements, which ure to maintain a county road, from which the county, and plaintiffs appealed. requires the court to evaluate whether “the de- runoff spilled. Plaintiff claimed that the coun- sign, construction or maintenance of the flood ty’s neglect of the road constituted a taking and Appeal control project…posed an unreasonable risk of inverse condemnation. In Gutierrez v. County harm to the plaintiffs.” of San Bernardino, the Fourth District Court On appeal, the appellate court divided the The appellate court found that the K-rails of Appeals grappled with the application of the case into two separate issues: was there a tak- constituted the type of flood control project to “reasonableness” takings test that applies to ing in 2003, and was there a taking in 2004 by which the reasonableness test applied, and flood control projects. The court concluded implementation of the K-rails? The court strict liability was not proper. After reviewing that the county acted reasonably, and therefore, quickly dismissed the issue of the 2003 taking the record of evidence, the court found that there was no taking. because the road that brought the debris and “substantial evidence supports the trial court’s settlement was still in its natural state and conclusion that the county acted reasonably Background never maintained by the county, and therefore relative to its installation of the K-rails,” and it was not a “public improvement” for purpos- the trial court’s decision was upheld in its en- In October 2003, a wildfire eliminated all es of inverse condemnation. As to the part of tirety. ■ of the trees on a section of the mountains north the road that was paved, plaintiffs failed to of the unincorporated community of Devore, present any evidence as to how this road Cori Badgely is an attorney with Abbott & where plaintiff Michael T. Gutierrez and other caused the damage to their properties. Kindermann, LLP, of Sacramento. plaintiffs resided. In December 2003, it rained, The court spent more time discussing the ➤ The Case: causing water to flow down the mountain trap- issue of the 2004 flooding. All parties and the Gutierrez v. County of San Bernardino (2011) 198 ping debris and sediment in its wake. The court agreed that the K-rails installed in 2004 Cal.App.4th 831. Filed August 24, 2011. water flowed across Greenwood Avenue and constituted a public improvement, and the brought the debris and sediment to plaintiffs’ court accepted the trial court’s conclusion that properties. In an attempt to protect the proper- the K-rails caused damage to plaintiffs’ prop- 6 legal digest 10.01.2011

>>> Malibu Developer Wins Right to Subdivide Property

– CONTINUED FROM PAGE 4 Commission. court’s decision requiring that CEQA required The Attorneys: The opponents also challenged the trial a concurrent examination of the two existing Elkins Kalt Weintraud, John M. Bowman and Reuben Gartside for Plaintiffs and Appellants. court’s decision regarding the underlying analy- lots which were capable of further division. Re- sis to the cumulative impact analysis, which versing, the appellate court observed “It is un- Edmund G. Brown Jr. and Kamala D. Harris, Attorneys analysis concluded that only two other lots reasonable to require the commission, city or General, John A. Saurenman, Assistant Attorney General, were capable of additional division. In the face developer to conduct a biological assessment Christina Bull Arndt and Wyatt E. Sloan-Tribe, Deputy Attorneys General, for Defendant and Appellant California of the argument that owners of other lots may on developed property they do not own and for Coastal Commission. in the future combine them and seek re-divi- which there is no reason to expect will be sub- sion, the court, as had the court in Save Round divided. Should these two developed lots be Christi Hogin, City Attorney, Jenkins & Hogin and John Valley Alliance v. County of Inyo (2007) (see subdivided in the future, their owners will need C. Cotti for Defendant and Appellant City of Malibu. CP&DR Legal Digest Vol. 23, No. 2, Jan. 2008 to obtain a coastal development permit…” ■ ), concluded that the agency was not re- quired to speculate as to what might happen in William W. Abbott is a partner in the firm of the future and, in any event, such development Abbott & Kindermann, LLP, of Sacramento. would be subject to regulation under the local ➤ The Case: coastal plan. Ross v. California Coastal Commission B225796, 2011 DJDAR No. B225796. Filed and ordered published, The final CEQA issue pertained to the trial September 9, 2011.

Case Clarifies Definition of ‘Day’ for CEQA Statutes of Limitations

CEQA applies a shortened mination (NOD) according to Public Re- be posted for 30 days, excluding the first day, statute of limitations to project sources Code section 21152. The shortened and must be posted for the entire 30th day. statute of limitations means that a project op- On June 16, 2009, the City of Napa ap- BY LESLIE WALKER ponent has 30 days, rather than 180 days to proved revisions to the housing element of its inafeat of chronological gymnastics re- challenge the project approval. Public Re- general plan, and related general plan and zon- garding a proposed development in the City of sources Code section 21152 requires the local ing amendments (Project), concluding the Proj- Napa, the Court of Appeal for the First Appel- agency to file a notice of determination within ect would have no environmental effects be- late District held that a Notice of Determina- five days of the project approval. The notice yond those identified and mitigated in the 1998 tion posted over the course of 31 calendar days then must be posted within 24 hours of the re- general plan. On June 17, 2009, the city filed was not posted long enough to satisfy the Cal- ceipt and shall remain posted for 30 days. In an NOD with the county clerk. The cash regis- ifornia Environmental Quality Act’s require- Latinos Unidos de Napa v. City of Napa, ter receipt shows the document was received at ment that it be posted for 30 days. supra, (196 Cal.App.4th 1154), the Court of 9:05 on June 17. According to the Clerk, the CEQA provides for shortened statutes of Appeal held that for the shortened 30-day NOD was posted from 10 a.m. on June 17, limitations to challenge project approvals if the statute of limitations to apply the notice must 2009 until at least 10 a.m. on July 17, 2009. local agency files and posts a Notice of Deter- be both filed and posted, and the notice must – CONTINUED ON PAGE 7 7 legal digest 10.01.2011

section 12, the 180-day statute of limitations ➤ The Case: >>> CEQA cntd. applied and the dismissal was reversed. Latinos Unidos de Napa v. City of Napa (2011) 196 Cal. App. 4th 1154, No. A129584. The practical effect of this case is that the – CONTINUED FROM PAGE 6 30-day posting period in 21152(c) is actually The Attorneys: Petitioners Latinos Unidos, a group that ad- 32 days. However, the effect will be limited, For Plaintiff and Appellant: Law Offices of David Grabill vocates for affordable housing in the region, given that a potential project opponent risks and David Grabill. visited the clerk’s office at 11:29 a.m. on July missing his filing deadline if he or she actually For Defendants and Respondents: Jarvis, Fay, Doporto & 17, 2009 and found no NOD posted. On Sep- waits to see if the NOD was posted for the full Gibson, Andrea J. Saltzman, Rick W. Jarvis and Julie M. tember 17, 2009, Petitioner filed a petition for statutory 30 days. ■ Randolph writ of mandate challenging the project ap- proval, claiming the longer 180-day statute of Leslie Walker is an attorney with Abbott & limitations applied, rather than the shorter 30- Kindermann, LLP, Sacramento. day statute of limitations, because the NOD had not been posted for the full 30-days re- quired by Public Resources Code section 21152 subdivision (c). The trial court granted the city’s motion for a judgment on the grounds that the petition was barred by the 30-day statute of limitations. Petitioner’s appealed. Petitioners based their claim that the longer statute of limitations applied on an interpreta- tion of the posting period in CEQA on Code of Civil Procedure section 12 which excludes the first day of posing and includes the last. Pe- titioner further argued that the NOD must be posted for the entire 30th day to satisfy the 30- day requirement. The city argued the notice was posted over the course of 31 days – from 10 a.m. on June 17 to 10 a.m. on July 17. The City further ar- gued that even if the first day is excluded from the calculation, the NOD was posted for part of the 30th day, and thus, was adequate. Peti- tioners argued, that when calculated according to Code of Civil Procedure section 12, which excludes the first day and includes the last, the 30th day of posting was July 17. Further, Pe- titioners argued that the notice should have been posted for the full day on July 17, point- ing to Scoville v. Anderson (1901) 131 Cal. 590 and other case law holding that the effect of fractions of days are disregarded when time is computed. The court agreed with the petitioners. The court rejected the city’s argument that Committee for Green Foothills v. Santa Clara County Board of Supervisors (2010) (see CP&DR Legal Digest Vol. 25, No. 4, Feb. 2010 ) stood for the proposition that the 30-day statute is triggered when the NOD is filed, not when it is posted. The court also re- jected the City’s argument that it had substan- tially complied with the 30-day posting re- quirement, stating that “any assessment of sub- stantial compliance would introduce an ele- ment of subjective line-drawing into an area where clarity and precision are vital.” The court held that because the NOD had not been posted for the full 30 days as calcu- lated according to Code of Civil Procedure 8 10.01.2011

>>> Brown Signs Land Use Legislation

– CONTINUED FROM PAGE 1 clarity to the question of which parties must be Housing) Housing omnibus bill. plore partnerships with non-profit organiza- named in CEQA lawsuits and litigation. tions that can help support state park system. aB 900 (Buchanan) will allow the governor water & waste aB 566 (Galgiani) amends the Surface to choose as many projects as he deems appro- aB 54 (Solorio) establishes new require- Mining Act (1975) to include additional leg- priate for the expedited judicial review pro - ments for organizing and operating mutual islative findings, including, among other cess, primarily by skipping Superior Court re- water companies. things, that the state's mineral resources are view and expediting the timeline for the litiga- aB 359 (Huffman) would encourage the vital, finite, and important natural resources tion process at Appellate Court. sustainable management of groundwater re- and the responsible protection and develop- sB 226 (Simitian) seeks to streamline CEQA sources by requiring, as a condition of receiv- ment of these mineral resources is vital to a processes to facilitate projects (including roof - ing a state grant or loan, local agencies to in- sustainable California.

top solar, renewables on disturbed lands, and L O O P aB 703 (Gordon) – Property taxation: wel- infill) that are generally considered “green.” fare exemption: nature resources and open- sB 292 (Padilla) establishes specified ad- space lands. ministrative and judicial review procedures for aB 1036 by Assemblymember Michael the administrative and judicial review of the Allen (D-Santa Rosa) – Parks: regional park, EIR and approvals granted for a project related park and open-space, and open-space districts: to the development of a football stadium in the employee relations. City of Los Angeles. aB 1077 by Assemblymember Wilmer Ami na Carter (D-Rialto) – State parks: land use Colonel Allensworth State Historic Park. aB 147 (Dickinson) is an amendment of aB 1112 (Huffman) Oil spill prevention the Subdivision Map Act that allows munici- and administration fee: State Lands Commis- palities to include fees to developers for con- sion. structing bicycle, transit, pedestrian or traffic aB 1414 (Committee on Natural Re- calming measures. sources) Forestry: timber harvesting. aB 208 (Fuentes) extends by 24 months the sB 152 (Pavley). Public lands: general leas- expiration date of any approved tentative map ing law: littoral landowners. Requires the State or vesting tentative map that has not expired as Lands Commission to charge rent for a private In total, Governor Jerry Brown received 870 bills of the effective date of this act and will expire this legislative session, the lowest number in recreational pier, as defined, constructed on prior to January 1, 2014. decades. He vetoed 14 percent of them. state lands and would require the rent to be aB 516 (M. Pérez) establishes a specified based on local conditions and local fair annual public participation process for the establish- rental values ment of Safe Routes to Schools programs. cluding a map of prime recharge areas in their sB 328 (Kehoe) revises the Eminent Do- groundwater management plans. It would then main Law to establish requirements for acqui- redevelopment require these maps to be shared with the plan- sition of property subject to a conservation aB 936 (Hueso) requires redevelopment ning agencies, interested parties and organiza- easement. agencies and other public bodies to report debt tions. sB 436 (Kehoe) – Land use: mitigation forgiveness. aB 938 (M. Pérez). Public water systems. lands: nonprofit organizations. Revises these aB 1338 (Hernández) requires redevelop- This bill would add environmental documen- provisions and would additionally authorize a ment agencies to get appraisals before acquir- tation to the costs of a single project that the state or local public agency to authorize a non- ing real property. department is required to determine by an as- profit organization, a special district, a for- sessment of affordability profit entity, a person, or another entity to hold housinG aB 964 (Huffman) authorizes any person title to and manage an interest in property held aB 221 (Carter) – The Housing and Emer- to obtain a right to appropriate water for a for mitigation purposes, subject to certain re- gency Shelter Trust Fund Acts of 2002 and small irrigation use. quirements. 2006: supportive housing. aB 1221 (Alejo) – State Water Quality sB 551 (DeSaulnier) – State property: tide- aB 1103 (Huffman) allows localities to Control Fund: State Water Pollution Cleanup lands transfer: City of Pittsburg. count foreclosed homes and second units con- and Abatement Account. sB 618 (Wolk) allows landowners and local verted into deed-restricted homes toward their sB 267 (Rubio) – Water supply planning: officials to simultaneously rescind Williamson regional housing needs assessment require- renewable energy plants. Act contracts and enter into easements allow- ment. Allows cities and counties to plan to sB 607 (Walters) – State Water Resources ing photovoltaic solar facilities on the same meet up to 25 percent of their Regional Hous- Control Board: water quality: brackish ground- land. ing Needs Allocation targets by converting water treatment. sB 668 (Evans) – Local government: Wil - foreclosed homes into homes affordable to liamson Act. Authorizes a nonprofit land-trust low- and very low-income households. environment, parks & open spaCe organization, a nonprofit entity, or a public sB 562 (Committee on Transportation and aB 42 (Huffman) allows the state to ex- – CONTINUED ON PAGE 9 9 10.01.2011

>>> 2011 Land Use Legislation Roundup, cntd.

– CONTINUED FROM PAGE 8 agency to enter into a contract with a landown- Transportation omnibus bill. vanced Transportation Financing Authority, er who has also entered into a Williamson Act aB 892 (Carter) Department of Transporta- expands the definition of "renewable energy" contract to keep that landowner's land in con- tion: Environmental Review Process. Allows to include energy generation based on thermal tract under the Williamson Act, for a period of CalTrans to continue its participation in the energy systems such as landfill gas turbines, up to 10 years in exchange for the open-space National Environmental Policy Act delegation engines, and microturbines; and digester gas district's, land-trust organization's, or nonprofit pilot program in SAFETEA-Lu or any succes- turbines, engines, and microturbines. entity's payment of all or a portion of the fore- sor federal transportation reauthorization leg- gone property tax revenue. islation. loCal finanCe, GovernanCe sB 792 (Steinberg) – Surface mining: min- aB 1027 (Buchanan) requires local pub- & aGenCy formation eral resource management policies. licly owned utilities to provide space on their aB 307 (Nestande) includes a federally rec- sB 860 by Committee on Natural Re- utility poles for use by communication service ognized Indian tribe as a public agency that sources and Water – Tidelands and submerged providers. may enter into a joint powers agreement. lands: public trust lands: mineral rights. aB 1097 (Skinner) authorizes a state or a aB 506 (Wieckowski) – Local government: local agency, relative to the use of federal bankruptcy: neutral evaluation. A signing mes- infrastruCture & transportation funds for transit purposes, to provide a bidding sage can be found here. aB 529 Gatto (D-Burbank) – Vehicles: preference to a bidder if the bidder exceeds aB 912 (Gordon) expedites the dissolution speed limits: downward speed zoning. Buy America requirements applicable to fed- of special districts. aB 615 (Lowenthal) supplements Budget erally funded transit projects. aB 1344 (Feuer) alters the statutory re- Act appropriations by appropriating $4,000,000 aB 1143 (Dickinson) – Sacramento Re- quirements regarding how cities and counties from the High-Speed Passenger Train Bond gional Transit District: bonds. can put a proposed charter before the voters. Fund to the authority for the Los Angeles to aB 1164 (Gordon) – Federal transportation Increases the noticing period from the regular San Diego segment. funds. 72-hour noticing requirement to a 10-week aB 628 (Conway) – Vehicles: off-highway aB 1298 (Blumenfield) – Vehicles: park- process. vehicle recreation: County of Inyo. ing: mobile billboard advertising displays. aB 1430 (Committee on Local Govern- aB 664 (Ammiano) allows San Francisco sB 310 (Hancock) allows cities and coun- ment) – The Cortese-Knox-Hertzberg Local to form special waterfront Infrastructure Fi- ties to adapt Infrastructure Financing Districts Government Reorganization Act of 2000 om- nancing Districts for the Port America’s Cup and other incentives for transit priority proj- nibus bill. and Treasure Island areas. ects. sB 244 (Wolk) General Plan: Disadvan- aB 706 (Torres) – Metro Gold Line Foot - sB 325 (Rubio) enacts the Central Califor- taged Unincorporated Communities.. Man- hill Extension Construction Authority. nia Railroad Authority Act to create the Central dates General Plans be updated to address dis- aB 716 (Dickinson) – Transit districts: pro- California Railroad Authority as an alternative advantaged unincorporated communities. Cities hibition orders: Sacramento Regional Transit for ensuring short-line railroad service in the required to submit dual annexation requests. District: Fresno Area Express: San Francisco Counties of Kern, Kings, Tulare, Fresno, and sB 555 (Hancock) allows Mello-Roos com- Bay Area Rapid Transit District. Merced. munity facilities districts to finance renewable aB 751 (Cedillo) concerns a freeway seg- sB 468 (Kehoe) Department of Transporta- energy, energy efficiency, and water efficiency ment to be constructed without an agreement tion: north coast corridor project: high-occu- improvements on private property. ■ within the jurisdiction of the Los Angeles pancy toll lanes. County Metropolitan Transportation Authority. sB 771 (Kehoe). In regards to programs of aB 957 (Committee on Transportation) – the California Alternative Energy and Ad- 10 10.01.2011

>>> Sacto County Update Sets ‘Criteria’ for Development

– CONTINUED FROM PAGE 1 more of the same kind of sprawl that we’ve ices and allows growth; it could be expanded ➤ A “Justification Statement” that shall be been getting for the last 15-20 years,” said Ron to accommodate projected growth for a 25- a comprehensive explanation of the proposed Burness, a member of the Executive Board of year period. The Urban Services Boundary, request and the development it would allow. It the Environmental Council of Sacramento. however, is a rigid boundary extending beyond must include background information, reason- Last month the Board of Supervisors tenta- the UPA designed to mark the absolute extent ing, and the goal(s) and benefits of the pro- tively approved, by a unanimous vote, the of all future development in the county. Envi- posed project. plan’s growth management strategy and will ronmentalists and other critics have lamented ➤ “Significant borders” that are adjacent soon consider the land use element. Final votes that in the boom years of the 2000s, the UPA to the existing UPA or a city boundary. As a on both are expected by the end of the year. was expanded almost at whim by the Board of guideline, “significant borders” generally Supervisors say they have supported the plan Supervisors. means that the length of the boundary between because it responds to a host of environmental the existing UPA or city boundary and the pro- and economic concerns. posed UPA expansion/Master Plan should be Though disputes and discussions have Disputes have drawn 25 percent of the length of the boundary of the drawn out the planning process to an absurd UPA expansion area. duration, stakeholders say that its glacial pace out the planning ➤ A vision of how the development will may have averted a planning catastrophe. Had connect to other adjacent existing and potential the plan been based on conditions before the process greatly, but future development areas within the USB, in- real estate market crash, the results could have cluding how roadways, transit, sewer, and been disastrous. stakeholders say the water could occur within all adjacent areas. “When we started out, demand was a lot ➤ A variety of housing types and densities, higher,” said Storelli. “As the market tanked, glacial pace may have including single-family homes, duplexes, we realized that we needed to scale [our pro- triplexes, accessory dwelling units, town- jections] back because demand wasn’t that averted a catastrophe. homes, condominiums, apartments and similar high. Our board of supervisors still wanted an Had the plan been multi-family units, in a variety of settings in- opportunity to consider new growth areas so cluding both residential neighborhoods and we had to come up with some criteria that based on conditions mixed use nodes. weren’t based off supply and demand.” ➤ Design guidelines, development stan- Torrid growth swept over the region in the before the real estate dards and/or similar assurances that will re- beginning and middle of the last decade, push- quire high-quality development consistent with ing development into greenfields and creating market crash, the the vision set forth in the Master Plan. what critics consider to be economically inef- These criteria are meant to guide growth to ficient and environmentally unfriendly low- results could have infill areas, with particular attention to older density communities. Planners say a general been disastrous. commercial strips that, planners say, are ripe plan update based on these premises would for redevelopment. The plan text includes the have been useless for a host of changes that goal of “enhancing quality of life in every com- have taken place since 2008, most notably the munity, as well as utilizing vacant and under- near-death of new development that corre- The new land use element attempts to re- utilized lands to accommodate future economic sponded with the recession and mortgage crisis. move political whims from the shaping of the and population growth.” This will take different Contemplating a relatively slow-growth fu- county’s growth. Yet, many stakeholders, in- forms in maturing suburban places such as ture, county planners turned to a more conser- cluding environmental groups, are unnerved Arden-Arcade, which is nearly fully built-out, vative but flexible scenario that, they say, is de- by the fact that the element still allows for the as opposed to more rural communities that are signed to limit growth at the urban fringes and potential expansion of the UPA by 20,000 expected to experience significant growth. encourage development within existing unin- acres. However, planners caution that what the “It’s a more thoughtful approach than just corporated communities. A significant portion plan allows for and what will actually take looking at projected housing and jobs and of Sacramento County’s population – roughly place on the ground are likely to be two vastly treating it in a sterile, quantitative fashion 550,000 out of 1.4 million county residents – different things. only,” said Serna. “We’re trying to address lives in the county’s 23 unincorporated areas. “It doesn’t actually open up anything,” said growth in the context of what is that future County planners say that SACOG estimates that Storelli. “If you (developers) meet these very growth going to mean not just in terms of its demand could be for anywhere between 50,000 stringent criteria you can initiate an application land uses but what is it going to be in terms of and 100,000 new housing units by 2030. that would expand the USB and only then its connection between land use, transporta- Attempts to control where and how devel- would the land open.” tion, and air quality.” opment occurs have enjoyed mixed success in For the board to consider extending the UPA As long as that list of criteria may be, its the past. The county established a pair of plan- or approving a master plan beyond UPA bound- certainty and flexibility may actually be ap- ning tools in 1993 meant to limit the growth of aries, developments must meet some combina- pealing to developers who are desperate for urbanized areas. The Urban Policy Area de- tion of the following criteria as outlined in the some kind of predictability. fines territory where the county provides serv- draft growth management plan: – CONTINUED ON PAGE 11 11 10.01.2011

>>> Plan ‘Complements’ SB 375 Strategy

– CONTINUED FROM PAGE 10 “Previously they were looking at more of a form infill development will actually take in a supply-and-demand model, and those numbers county that has historically embraced single- can swing from very high to very low, which family, low-density development. is what the county has experienced over the “The difficulty that we’ve seen through the eight-year cycle of developing their general process is that the [target] density levels are plan,” said John Costa, Senior Legislative Ad- higher than we’re used to in this area,” said vocate of the North State Building Industry As- Costa. “Some members have concerns about sociation. “This provides a better framework whether that’s viable to build.” for projects moving forward in the planning Burness pointed to three developments al- process and have a better idea of what they are ready in the planning stages that would extend developing for.” the urban fringe, as well as potential annexa- While developers may need some time to tions by cities including Folsom and Sacra- wrap their minds around this new approach to mento. development, one group that welcomes the “All of these efforts on the part of landown- county’s approach wholeheartedly is the ers by and large (have pushed) at the edges of Sacramento Area Council of Governments. the urban area,” said Burness. SACOG is responsible for preparing the re- Costa rejects the contention that the new gion’s Sustainable Communities Strategy as plan would foreshadow rapid suburban growth. mandated by Senate Bill 375, the 2008 law re- “You may see projects in the planning quiring major metro regions to reduce per capi- stages, but we don’t believe that the county is ta greenhouse gas emissions by better integrat- going to open up this area to growth anytime ing land use and sustainable transportation soon,” said Costa. He added that many BIA policies. Though SACOG’s SCS is only in the members focus on infill and not just on green- early planning stages, SACOG and the county field development. planning department collaborated to ensure As well, county planners contend that the that the general plan update – and the projects growth management strategy has built-in dis- that result – would reflect the same goals and incentives to greenfield development. values as the SCS. “Any new development that would be com- “They may end up entitling some projects ing forward would have to show how it pays that meet their smart growth criteria that have for itself, and hopefully would be a net benefit more market capacity than will fit inside our to the county,” said Defanti. ■ SCS in any given planning cycle, but that’s fine,” said McKeever. “ ➤ Contacts & Resources: This collaboration represents a new ap- Rob Burness, Executive Board, Environmental Council of Sacramento, 916.444.0022 proach to the interplay between local and re- gional planning. Defanti noted that the eco- John Costa, Senior Legislative Advocate, North State nomic climate was not the only thing that Building Industry Association: 916.751.2753 changed in the last eight years. Dave Defanti, Senior Planner; Cindy Storelli, Principal “Throughout this process, the economy has Planner; Planning Division, County of Sacramento, violently fluctuated on us and that the regula- 916.874.6141 tory environment has fluctuated as well,” said Defanti. “Central to that has been SB 375.” Mike McKeever, Executive Director, Sacramento Area Serna echoed that sentiment, saying “it is a Council of Governments, 916.321.9000 new day and we do have a responsibility to re- Phil Serna, Supervisor, County of Sacramento, spond to a different regulatory and different 916.874.5485 legislative environment.” That regulatory change has, according to McKeever, made metropolitan planning organ- izations, such as SACOG, ever more relevant to local planning efforts. “The actions of MPOs are now front-and- center, so even though it’s a little bumpy in some regions, everyone is looking in much more detail at how these regional plans are built,” said McKeever. Area developers remain anxious about what 12 from the blog 10.01.2011 http://www.cp-dr.com/blog UCLA cityLAB Tries to Lift Westwood’s Curse

the first artiCle i ever wrote for CP&DR concerned the gen- rare in Los Angeles. Skinny towers would pop up like giraffes throughout erationally decrepit state of Los Angeles’ Westwood Village (see CP&DR the Village’s irregular streetscape. This vision, which would surely in- Vol. 23, No. 6 June 2008). In the three years that have passed since then crease the Village’s jobs and residential density, acknowledges the Vil- – despite my blistering expose (of one of the city’s most open secrets) – lage’s geographic centrality on the Westside. It is in the middle of every- it’s only gotten worse. Storefronts are vacant. Bars are sad. Only the Trad- thing and, therefore, should serve as many people as possible. er Joe’s seems to be making any money, and that’s because, well, it’s Roger Sherman & Associates focused less on the physical form of Trader Joe’s. I saw Moneyball the other night at the cavernous, turreted the Village than on its potential cultural significance. The paradox of the Village Theater with maybe 20 other people in its 1,000 seats. Village is that, despite its vacancies, it has two of the remaining great For the uninitiated, Westwood is no inner-city slum. It’s next door to single-screen movie theaters, plus a museum, a second-tier live theater, UCLA and, beyond that, Bel Air. Yes, that Bel Air. Of the Fresh Prince, and all the museums and performance spaces of UCLA. But it’s hard to gated estates, and obscene amounts of money fame. take in Shakespeare or contemplate Van Gogh But, for the most part, the city has treated West- when you have to wash them down with Subway wood Village about as well as it has treated its and hookah. homeless population: with more resignation than The city has treated Sherman’s team therefore proposed an ingen- hope. It remains grungy and avoided even though Westwood Village ious stroke of urban acupuncture: demolish the it has, arguably, the best, most pedestrian-friendly public parking structure in the middle of the Vil- streetscape in the entire city. No wonder Ange- about as well as it lage and replace it with a public plaza dedicated lenos think it’s cursed. to the arts. Sherman’s model includes all sorts of This Monday UCLA’s cityLAB, in conjunc- has treated its home- creative flourishes, such as video art projected on tion with the Hammer Museum and Westside exterior walls and enormous public sculptures. Urban Forum (disclosure: I am a former board less population. He proposes that the institutions get involved: member), will try to exorcise a few demons with specifically that UCLA relocate at least one of its “Curse and Vision: the Future of Westwood Vil- ... It remains grungy theaters to the village so that it can do what the- lage,” a charette/competition to imagine what the and avoided even ater does best: enhance public life. Like Denari, Village could be a generation hence. CityLAB en- Sherman envisions the addition of tufa-tower listed two local architecture firms, Neil M. Denari though it has, type residential buildings with lofts, studios, and Architects and Roger Sherman and Associates, to rooftop patios where artists and other creative- imagine what Westwood could be if hair salons, arguably, the best, types can live. CVS pharmacies, and the Aahs! novelty shop were Neither of these visions has anything to do with kicked out and replaced by something that reflects most pedestrian- the way that planning takes place today – they are the district’s geographic and cultural centrality in more like architecture school projects that co-opt West Los Angeles. friendly streetscape a place over which they have no dominion over Dana Cuff, director of cityLAB, instructed the anything except, surely, the passions of neighbors firms to forget about the gang shootings, economic in the entire city. who are going to blanche at the sight of the teams’ stagnation, and UCLA football defeats and focus renderings. And both present such astoundingly on the streets and the area’s inherent virtues. novel interpretations of the Village that it’s impos- Earlier this month I attended a preview event at which the two teams sible to imagine that they would ever amass political support or that they have presented concepts that, on face, seem outrageously bold – and would survive once enshrined in the bureaucracy of a zoning code. Then breathlessly exciting. again, when most of West Los Angeles was occupied by nothing but scrub Neil Denari and his team approach their vision by asking what in the brush, the original Westwood Village was itself a radical notion. Both, blazes an “urban village” even is. I don’t think anyone quite knows, therefore, rely on the audacity of hope: that after 20 years of malaise, though it’s an appealing notion to think that it’s something more self- stakeholders can begin to believe that Westwood is not cursed. contained, defined, and dynamic than a neighborhood, but not merely The larger lesson for all California cities is that we will someday get part of the cityscape. La Jolla and Noe Valley are probably villages; Ko- out of this recession and will someday get back to making, and realizing, reatown and the Tenderloin are not. big plans. By the time that happens, traffic will be thicker and Californi- Denari envisions the Village as a high-density district of mid-rise tow- ans will be more numerous – and they might even want great places in ers that would be almost off-limits to automobiles but served generously which to live, work, and take a stroll. Westwood has always had great by Metro’s planned subway extension, with a station in the heart of the bones, with its nearly Medieval tangle of streets. Maybe some day some- Village. Denari’s plan would partially bury Wilshire Boulevard – an eight- one will exhume them, break the curse, and create life anew. lane torrent that makes approaching the Village on foot an agonizing ex- perience – and deck it over with a pedestrian plaza, the likes of which are – JOSH STEPHENS | OCTOBER 7, 2011 ■