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Developing Master-Planned Communities: Selling Density June 7-8, 2004 La Jolla, California. Presented by: Timothy A. Tosta Steefel, Levitt & Weiss (415) 788-0900 [email protected] Re-framing the NIMBY Paradigm. prejudicial judgmental dualistic (them v. us)

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Developing Master-Planned Communities:Selling Density

June 7-8, 2004La Jolla, California

Presented by: Timothy A. Tosta

Steefel, Levitt & Weiss

(415) 788-0900

[email protected]

Re-framing the NIMBY Paradigm

  • prejudicial

  • judgmental

  • dualistic (them v. us)

  • limits perspective

  • forecloses effective listening

  • hinders empathy

  • stifles creativity

  • evokes hostility

Development as Change – People generally fear change

  • External referencing v. Self referencing

  • External referencing

    • Who I am is: Where I live How I live

  • What I do Who my friends are

  • Who my neighbors are

  • The “world view” of my neighborhood/community

  • The “world view” of my place in the world

  • Self referencing

    • Who I am is: Internal

  • Self evaluative

  • Always changing

  • Seeking to Create Resonance

    A resonant project moves beyond external referencing toward self referencing

    • evokes emotion

    • creates a sense of belonging

    • heightens self awareness

    • creates community

    • evokes a sense of “now”

    • is uplifting

    • is healing

    • is binding

    • is transcultural

    • is transformative

    • is connecting

    What is Not Resonant?

    • Anything designed for a freeway frontage or major arterial

    • Any standardized corporate product

    • Anything not respectful of its location (site, neighborhood, community)

    • Anything that turns its back on the public

    • Anything explorative (sex, alcohol gambling)

    • Anything “trendy”

    • Anything “Disneyesque” – creating a cartoon experience

    What Impedes Creating Resonance?

    • Inertia

    • Business culture

      • leadership

      • values

      • formulas

      • single mindedness

    • Ego

      • can’t effectively communicate, i.e. listen

      • can’t evince empathy


    • can be contributed to or detracted from

    • can evolve over time from either a public or private “seed” of insight

    • does not lose its character over time or multiple visits

    • can arise from non-resonance (e.g. adaptive reuse of shopping centers)

    • adaptive reuse of industrial spaces

      • quarries

      • shipyards

      • lumber mills

    • can be a space, a feature, a focal element

    • need not necessarily be of grand scale

    • can be a series of discreet small element of public space

      • park

      • waterfront

      • view shed

      • boulevard

      • public square

    How do you convey resonance before it exists?

    • evidenced by how you act

    • how you communicate

    • your track record

    • your project team

    • your “connectivity” to the community, its values, sensitivities

    • your flexibility, creativity

    Timothy A. Tosta

    Recognized as one of California’s best real estate attorneys, Mr. Tosta has created a unique market niche in land use and environmental law, having successfully procured land use entitlements for some of the State’s most complex and controversial developments in some of its most treacherous political environments.

    From California’s coast to the shores of Lake Tahoe, from the urban centers of San Francisco and Los Angeles to rural Monterey, Napa and Riverside Counties, he has presented innovative strategies and solutions for entitlement of a wide variety of product types ranging from urban infill to new towns, from industrial campuses to vacation resorts.

    Drawing on 30 years of experience, Mr. Tosta helps clients overcome roadblocks in the development process. Irrespective of his prior experience in any particular community, his expertise allows him to define core issues in often cacophonous development disputes; create communities of common interest amongst perceived opponents; and utilize sophisticated communications and persuasion techniques to obtain successful outcomes.

    Mr. Tosta has also established a record of court success in defending the entitlements that he has procured. For example, in Citizens of Goleta Valley v. Board of Supervisors of Santa Barbara County, one of California’s most significant Environmental Quality Act cases, Mr. Tosta obtained for his client a unanimous Supreme Court decision.

    Mr. Tosta has lectured to national meetings, conferences and conventions, including the American Bar Association, the American Institute of Architects, the American Law Institute, the American Planning Association, the National Association of Real Estate Editors, the Practicing Law Institute, and the Urban Land Institute, and has appeared before a variety of business groups, community and civic associations, government agencies, colleges and universities throughout California. Moreover, he has been prominently featured in numerous publications, including a December, 2001 profile in California Law Business identifying Mr. Tosta as one of the State’s "busiest and best" California real estate lawyers.

    Mr. Tosta received his B.A. (With Honors) from Princeton University, the Woodrow Wilson School of Public Administration and International Affairs in 1971 and received his J.D. from the University of California, Boalt Hall School of Law in 1974. Prior to joining Steefel in 2001, Mr. Tosta was Chair of the California Land & Resources Practice Group at Baker & McKenzie. Previously, he managed his own firm, which was recognized by the American Lawyer as one of the nation’s "great specialty firms" in the field of real estate.