January 1999

By James Lawlor

California: Democrats in control. With both the governor's seat and the legislature firmly in the Democrats' control for the first time in 16 years, thanks to Gov.-elect Gray Davis's lopsided victory, it is unlikely that any extreme takings measures or other bills that would seriously affect local land-use laws will be enacted in the next two years, observes legislative rep Sande George.

To the delight of the chapter, the legislature failed to pass A.B. 2065, which would have barred local licensing fees on certain classes of home occupations. The measure was a response to a Los Angeles law imposing licensing fees and business taxes on certain arts-oriented home businesses. Although the L.A. city council voted last summer to repeal some of the law's provisions, the Writers Guild of America has sued the city, charging that the law violates the U.S. Constitution.

The senate leadership called for an interim study after hearing objections from several California cities and from the APA chapter, which charged that the bill was unfair to creative artists who do not work from their homes, and opened the door to requests for exemptions for other types of small businesses. The Writers Guild of America, which is leading the effort to overturn local licensing laws, expects the state bill to be reintroduced this year.

In other action, Gov. Pete Wilson and the legislature agreed on a phased reduction of the state's vehicle license fee, a portion of which helps fund local government. The initial cut is 25 percent, effective immediately. It could reach 67.5 percent by 2003, although state revenue projections make that unlikely, George says. The chapter opposed any reduction because there was no provision for local governments to make up for the lost income from the license fee.

The governor also signed A.B. 726, which allows local governments to regulate "juice bars" that provide adult entertainment. The law, supported by the chapter, allows cities and counties to control live entertainment in theaters, concert halls, and other establishments that do not serve alcohol.

In November, the state's voters approved a $9.2 billion bond issue for school modernization and new facilities. The chapter supported parts of S.B. 50, the bill proposing the bond issue, especially the modernization provisions. However, George says chapter members predict that it will be difficult to determine which projects fall under the bill's funding provisions and which must comply with existing school funding provisions.

Iowa: Reform in the air. Last September, the chapter presented a detailed report to a legislative commission studying land-use and development issues. In the report, the chapter urged the Commission on Urban Planning, Growth Management of Cities, and Protection of Farmland to consider the state's current planning laws in light of the findings of APA's Growing Smart initiative. Chapter president Susan Cosner, APA's representative on the commission, says that at its final meeting, the commission agreed that a policy framework for planning law reform was needed.

The chapter recommended that the commission convene a drafting committee representing a variety of interests, including local and state officials and groups such as the league of cities and the association of counties to review trends and issues and craft legislation reflecting current thinking on growth management. The commission would then submit a draft bill for consideration in the upcoming legislative session.

Such legislation, the report suggested, would consolidate existing laws dealing with city planning, zoning, annexation, and urban renewal into a single chapter in the Iowa code. It would require all cities to adopt a comprehensive plan and a consistent zoning ordinance. Cities that refuse to do so would be forbidden to annex land.

Colorado: Growth bill fine-tuned. The committee working on a redraft of the Responsible Growth Act (described here in November) has come up with a version that incorporates many of the suggestions offered by interested reviewers.

The new draft makes preparation of a comprehensive plan by cities and counties a voluntary activity. It does, however, require cities and counties over a certain size to identify urban service areas—with the potential of a transition zone between urban and undeveloped areas. The draft also clarifies the provisions for transferable development credit, leaving it up to local governments to customize the program to meet their own needs.