A Warning to Local Planners in California

If Proposition 45 is passed, you may get blindsided by projects you cannot stop. You may want to prepare yourself.

A lot of the debates over BACA, the Cal Chamber supported initiative to fundamentally change CEQA (Proposition 45 on the ballot) focus on the initiative’s impacts on CEQA.  But from a local government and planning perspective, I would argue that far more important are the sweeping vested rights provisions in the initiative.  As I noted in prior analyses, the vested rights provisions in the initiative apply to all state and local laws in California, not just CEQA.  Once a proponent submits an application pursuant to the provisions in the initiative, the ability of a local government to changes its zoning rules or other regulations for that project are sharply limited.

My advice to local governments is this.  Proposition 45 is likely to pass.  You should start now looking at your ordinances and zoning rules to examine where there may be possible loopholes or possibilities for projects you do not want (or at least you want to give the community the ability to say no).  Amend your ordinances now, as soon as possible, to close those gaps.  You may not have a second chance after Proposition 45 passes.

BACA, CEQA, local government, Proposition 45, vested rights