Land Use ControlsLocal 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
Local Government LUC Management Systems
Local Government LUC Issues and Anecdotes
State-Local LUC Management Role
LUC Selection and Design
Environmental Covenant
NFA w/Conditions
Consent Order/Agreement
Identify Residual Risk
Design Means to Reduce Risk
Select Type of LUC
Craft Terms of LUC
Deed Notice
Approve LUC Use State/Federal Environmental Agency
Draft and Sign LUC
Federal Database
Local Property Record Office
State Database
Local Ordinance
The LUC Creation Process
-State “Cap Cop”-PRP-Trust Inspections
Direct LUC Inspection
-EPA 5 Yr. Review
-Due Diligence(AAI)-Title Insurance-LUC Alert Services
Indirect LUC Monitoring
Property Transaction
Land Use
LUC Stewardship
Making a LUC Into a Cleanup Remedy
-Development Permits-Building Permits-One Call-LUC Alert Services
-Local Government?LUC
LUCs & the Development Process
Building Permit(ministerial)
RemediateSite and
Choose IC
Development (Use) Permit(discretionary)
Review & analysis
Conditions ofApproval
Construction
Construction
?
Source: Ignacio Dayrit, City of Emeryville, Ca
LUC
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
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)
Rochester, NY Phoenix, AZ
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)
State NFA w/Conditions Sites
Internal System Flags Sites
- Building Permit
No Public Access
Flag Triggers CUPA Review
CUPA Reviews Permit Application
Oakland, Ca
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
osiris features
The user can choose among several background options.
Choose among environmental, planning, real estate, public art.
Ownership and planning information.
Choose from several search and site selection functions.
Source: Ignacio Dayrit, City of Emeryville, Ca
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.
Borings and wells on the parcel are highlighted.
osiris features
Source: Ignacio Dayrit, City of Emeryville, Ca
The OSS displays sample data from soil borings and groundwater wells.
osiris features
Source: Ignacio Dayrit, City of Emeryville, Ca
OSIRIS highlights parcels within a certain distance with institutional controls.
osiris features
Links to PDFs, Geotracker and/or DTSC websites.
Source: Ignacio Dayrit, City of Emeryville, Ca
Sample PDF of an IC
osiris features
Source: Ignacio Dayrit, City of Emeryville, Ca
OSIRIS prints out a report of parcels with ICs
osiris features
The report includes links to PDFs of ICs and links to DTSC and Geotracker websites
Source: Ignacio Dayrit, City of Emeryville, Ca
Brownfield Grants Spur Area-Wide GIS Systems
National City, California
108 Parcels Brownfield Grant Area
ASTM Phase I Search Radii Parcel Boundaries,
APN, and Real Estate Information
Recognized Environmental Conditions
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).
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.
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
State-City Role Identification
Other “Institutions”Seismic Zone Protection
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”Flood Plain Building Restrictions
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
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