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rightthinking - > Right Thinking -> City must play by its own rules
City must play by its own rules

Christmas came a week early for some here in Kern County, where justice and private property rights may prevail after all.

Kern County Superior Court Judge Kenneth Twisselman's ruling that the city must do an environmental impact report on the hillside ordinance it approved last year is a sweet victory for the land owners targeted by the ordinance, though with the final ruling still to come they're too circumspect to say so.

Please, allow me.

With his ruling last week, Twisselman basically told city officials they must follow the same rules as developers -- if they're going to pass an ordinance impacting the environment, they must complete an EIR.

What a concept. One that apparently didn't occur to the council last year in its rush to approve the ordinance before its head cheerleader, Mike Maggard, exchanged his council chair for a seat on the Kern County Board of Supervisors.

Twisselman won't make his final ruling until next month, but possible options include suspending the hillside ordinance while the city gets its act together, or voiding it altogether. Should he decide on the latter, the 1999 version of the hillside ordinance -- yes, the city already has one -- would remain in force.

Whatever his final decision, the judge's ruling surely came as a shock to those who have labored mightily to demonize the private land owners who plan to build homes near the bluffs. Land owners who harbor the crazy notion that in the land of the free they should be able to develop their own property in any environmentally sound way they wish. Or be reasonably compensated if the city deems otherwise.

Editorials bemoaning the judge's ruling insist the new hillside ordinance is essential to ensure that newly built homes are "set back from bluff ridges," where no developer ever considered building in the first place.

The new ordinance, its supporters say, will make certain that firefighter access and open space will be protected and preserved -- even though Canyons LLC, the developer at the heart of the controversy, reserved 284 of its 889 acres for open space in the original plan deemed complete by the city in July 2005.

But let's not cover old ground. The question now is whether the city will go the costly EIR route -- some speculate that an EIR could cost WAY more than the $250,000 suggested by City Manager Alan Tandy -- and how that lengthy process might impact the Canyons project.

Tandy declined to speculate, saying he'd prefer to wait for the judge's final ruling. But Canyons project manager Bob Kapral said the city's EIR, which may take a year or even two to complete, will have no impact on the development.

"We are scheduled to present our own draft EIR for public circulation on January 7," Kapral said. "It shows it's going to be a safe project and there's no reason for it not to be approved."

Which means the Canyons project -- with its upscale, gated communities, 17 gross acres of public parks and nearly 10 miles of public trails -- would go forward as the city scrambles to complete an EIR on the ordinance specifically designed to defeat it.

Does that make sense to anybody? Sound like something the city should go for? Hardly. But then, the hillside ordinance was never a sensible or even necessary proposition in the first place.

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posted by rightthinking on Sunday, December 23, 2007 at 02:03 PM
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8 comments from 5 users

1

posted by tkozy on Dec 23, 2007 at 04:27 PM

OH, What the heck.  Merry Christmas to you too MaryBELL.

SAE2711.gif

posted by NumberOfTheFallen on Dec 23, 2007 at 04:48 PM
3897.
posted by rightthinking on Dec 24, 2007 at 11:01 AM

Merry Christmas to you, kozy. :)

posted by tkozy on Dec 24, 2007 at 11:14 AM
 

MaryBELL,

Simple question. Shouldn't we get on with the problems at hand. Nobody is building/selling houses anywhere.

We are also in the middle of a transportation crises.



Don't we need to force a slow down in growth. At a time when we know the only solution for our growing government deficit, will be increased taxes. In the past we were flush with cash. And government projects still lagged miserably.



When Arnold declares the financial emergency. A plan for recovery must be in place within 30 days. Increased Taxes are the dark cloud hanging overhead.



We can not bow to unreasonable growth. New development is like a child to the city. Sometimes it must be told no. 'JUST BECAUSE'

posted by mattloch on Dec 24, 2007 at 11:27 AM
Rightthinking: "With his ruling last week, Twisselman basically told city officials they must follow the same rules as developers -- if they're going to pass an ordinance impacting the environment, they must complete an EIR."

FAIL

Developers need to do a document in order to change the environment (i.e. build something which creates impacts which were not there before). Why would the City need to do a document to preserve the environment as it currently is? The baseline for developers is different after they build; the City's ordinance would not change the baseline (i.e. the undeveloped bluffs) after their rules are passed. You should do some research into CEQA before speaking on the subject. But then again, familiarity with the legal underpinnings of a subject was never your forte, was it?
posted by NumberOfTheFallen on Dec 26, 2007 at 01:57 PM
3899.
posted by NumberOfTheFallen on Dec 29, 2007 at 02:04 PM
3901.
posted by indoorfootballfan on Jan 18, 2008 at 04:54 PM
You bet this was a victory for the rule of law and constitutional rights!  Local governments have been tampling our liberties for years, and it's got to stop!  I wasn't a fan of Ken Twisselman, but I certainly am now.  Go get 'em!
1

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