The Hypocrisy of California’s Government

For 50 years California has enjoyed/suffered the benefits of CEQA – the California Environmental Quality Act. The intent of the law was to assess the environmental impacts of various projects proposed by private developers and even the government itself – be it dams, roads, civic projects, etc. Some projects, mostly the big ones, required EIRs – Environmental Impact Reports, that cited impacts and measures of mitigation.

Now, I don’t pretend to be an expert on CEQA, but I’ve been told that all too often it is just a bungling paper chase that enriches “consultants,” and instead of addressing impacts, coughs up lots of gobbledygook and ginned up “studies” to talk around the problem. And this is just as true for governments’ reports as for those of developers.

Last night I listened to Fullerton’s beloved City Council vote for a new zoning law – the Housing Incentive Overlay Zone (HIOZ), including an explanation of why it was exempt from CEQA even though over 13,000 new units were being incentivized. The excuse was that no specific building was being proposed. You might think that is reasonable enough given that specific location has a lot to do with environmental impacts on thing like roads and street lights and traffic, etc.

And yet the new mandates from Sacramento dictate that because there is some sort of housing “crisis” new developments may be built “by-right” that is to say, without local controls over specific aspects of projects that would normally be comprehensively addressed in Conditions of Approval. Which means that those 13,000 units may not be attached to amelioration of the impacts they create.

And of course 20% of the new units must be reserved for low income tenants, another philanthropic mandate with unknown repercussions on the community.

Here’s the summation: the single-party legislature has serially made such a mess of California over the past 30 years that the fixes for the problems require that they jettison other mandates previously deemed critical, such as CEQA.

Locally, cities have been threatened with legal action by the State’s Governor and Attorney General if they don’t comply; and they are threatened by deprivation of State funding and grants by the Housing and Community Development Department, run by faceless bureaucrats. If cities try to fight back, like Huntington Beach has, the legal results are costly and a foregone conclusion.

And so Fullerton’s City Council went along with the inevitable, acquiescing to the demands of Sacramento in a sad 4-1 vote. Only Bruce Whitaker voted no in what is his last official vote.

I’ve heard it said that government spends half its time trying to fix problems it created during the other half. Sounds about right.