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Land Use Controls Local Government Management of LUCs

Land Use Controls Local Government Management of LUCs. Presented by J. Michael Sowinski, JD, EIT DPRA Incorporated February 02, 2005. Presentation Overview. The LUC Creation Process From LUC Recording to Actual Protection The Local Government Permit Application` Review Process

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Land Use Controls Local Government Management of LUCs

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  1. Land Use ControlsLocal Government Management of LUCs Presented by J. Michael Sowinski, JD, EIT DPRA Incorporated February 02, 2005

  2. Presentation Overview • The LUC Creation Process • From LUC Recording to Actual Protection • The Local Government Permit Application` Review Process • Local Government LUC Management Systems • Local Government LUC Issues and Anecdotes • State-Local LUC Management Role

  3. The LUC Creation Process Identify Residual Risk Design Means to Reduce Risk Select Type of LUC Craft Terms of LUC Approve LUC Use State/Federal Environmental Agency Environmental Covenant Draft and Sign LUC Local Property Record Office Deed Notice State Database NFA w/Conditions Consent Order/Agreement Federal Database LUC Selection and Design Local Ordinance

  4. Direct LUC Inspection LUC Stewardship Making a LUC Into a Cleanup Remedy -Due Diligence(AAI) Property Transaction -Title Insurance -LUC Alert Services Indirect LUC Monitoring Land Use -Development Permits -Building Permits -One Call -LUC Alert Services • State “Cap Cop” -PRP -Trust Inspections -EPA 5 Yr. Review -Local Government? LUC

  5. Development (Use) Permit (discretionary) Review & analysis ? LUC Conditions of Approval Construction Construction LUCs & the Development Process Remediate Site and Choose IC Building Permit (ministerial) Source: Ignacio Dayrit, City of Emeryville, Ca

  6. Red Flag Systems • Cities Update Existing Property Record Software • Rochester, NY – GIS Based • Phoenix, AZ – GIS Based • Oakland, Ca – DOS Based • During Permit Application, Flag Triggers Paper Review of Environmental Files

  7. Rochester, NY Phoenix, AZ Oakland, Ca State DEURs Sites No Legal Obligation Upon City 30 DEUR Sites Flagged - Planners - Building Permit Public Access Only At City Office Flag Triggers Environmental Office Review City Review State Files for Threshold Determination (2 Cases) City RP Sites 11 Sites (100 Parcels) Flagged - Planners - Building Permit No Public Access Flag Triggers Environmental Review Detailed “Developer Guidance Documents” Permit Denials (about 5application per year require EMP/EHS efforts) State NFA w/Conditions Sites Internal System Flags Sites - Building Permit No Public Access Flag Triggers CUPA Review CUPA Reviews Permit Application

  8. Emeryville, CA • OSIRIS – A Contaminated Property Redevelopment Service • Developed by the Redevelopment Department • GIS and Web Based & Accessible to Public • Initial Funding Through Brownfield Grant to provide a Internal “Desktop GIS” for the Planners

  9. osiris features Choose among environmental, planning, real estate, public art. Choose from several search and site selection functions. The user can choose among several background options. Ownership and planning information. Source: Ignacio Dayrit, City of Emeryville, Ca

  10. Borings and wells on the parcel are highlighted. osiris features The user can search parcels based on address, parcel number or owner name. OSIRIS displays key property information, including ICs, Risk Management Plan summaries and links to other sites, like GeoTracker. Source: Ignacio Dayrit, City of Emeryville, Ca

  11. osiris features The OSS displays sample data from soil borings and groundwater wells. Source: Ignacio Dayrit, City of Emeryville, Ca

  12. osiris features OSIRIS highlights parcels within a certain distance with institutional controls. Links to PDFs, Geotracker and/or DTSC websites. Source: Ignacio Dayrit, City of Emeryville, Ca

  13. osiris features Sample PDF of an IC Source: Ignacio Dayrit, City of Emeryville, Ca

  14. osiris features OSIRIS prints out a report of parcels with ICs The report includes links to PDFs of ICs and links to DTSC and Geotracker websites Source: Ignacio Dayrit, City of Emeryville, Ca

  15. 108 Parcels Brownfield Grant Area ASTM Phase I Search Radii Parcel Boundaries, APN, and Real Estate Information Recognized Environmental Conditions Brownfield Grants Spur Area-Wide GIS Systems National City, California

  16. City LUC Management Anecdotes & Issues • Palo Alto • Red flag System is OK • Don’t ask the City to do Affirmative Monitoring • Los Angeles • Does IC Knowledge Carry with it an Obligation • Legal • Political • California Redevelopment Association • Keep the Environmental Regulators Out of Subsequent Transactions (Compare to Colorado vs. Arizona).

  17. City LUC Management Anecdotes & Issues • Emeryville • Development Permitting Tool, Not a “Red Flag” • State Agency Relies on OSIRIS as an IC Monitoring Tool • DTSC Has Required RPs to Upload Their Information into OSIRIS • Emeryville Charges for That - $500. • OSIRIS has Cost about 200K • National City • Motivated to Spur Redevelopment • Brownfield GIS as a Tool for Developers, for Public Participation, and for IC Approval.

  18. State-City Role Identification • The Colorado LUCIP • Statute Imposes Clear State and Local Government Duties. • LUCIP Provides Implementing Details • LUC Tracking – State • Permitting Must Check LUC Database • New York Environmental Easement Statute (ECL 71-3601) • ECL Section 71-3607 entitled “Coordination with Local Governments” • State Must Notify Local Government of Environmental Easements • Local Government Must Compare Permit Applications Against List • Cities Beginning to Negotiate Details with State • Arizona DEUR (SB 1243) • No Rights or Obligations Upon the Local Government • ADEQ/Cities Left to Work Out DEUR Stewardship • Michigan • Covenant vs. Local Ordinance • Pre-Approval of Local Ordinance Required • California AB 389 • Local Government Must Review Response Actions

  19. Purpose: Protect Public From Earthquake-Related Hazards. Discourage/Regulate Development in Seismic Zones. Definition: Seismic Mapping Guidelines Enforceable Rules: Mapping Required by the Seismic Hazards Mapping Act. Duty to Disclose Seismic Zone to Buyers. Inter-Government Cooperation: Cities and Counties Must Consult the Map Prior to Project Approval. Other “Institutions”Seismic Zone Protection

  20. FEMA Administers the Flood Insurance Program FEMA Provides Flood Plain Maps to Local Jurisdictions Only Properties Within “Floodplain Management Ordinance”Areas Are Eligible for Insurance FEMA Sets Minimum Flood Protection Requirements for Local Ordinances FEMA Audits Local Government Ordiances Other “Institutions”Flood Plain Building Restrictions

  21. Environmental Covenant Stewardship – Model Statute? • State Environmental Agency Must Identify all Environmental Covenants on Web-Based System • Owners of Existing Environmental Covenant Sites Have a Duty to Disclose the Covenant to any Buyer • City May Not Approve Any Permit Affecting Land w/o a Signed Statement from Applicant Attesting that the Applicant Reviewed the State Covenant List. • If the Development Impacts An Environmental Covenant Property, Applicant to Provide Sufficient Information Showing: • Project Compliance with LUCs • Measures to Assurance Future Compliance

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