Although Measure S, the hotly contested ballot effort that sought to reform how the city of Los Angeles approves large development projects, failed to pass in the March 7 election, both supporters and opponents say change is now underway to a system they agree has gone awry. Sponsored by L.A.’s Aids Healthcare Foundation in the fall, Measure S mandated a hardline approach to fix a dysfunctional approval system – particularly the way new buildings get approved despite needing zone changes or exemptions to height, density and size limits. The measure’s approach was to mandate a two-year halt on those types of projects, saying that would give pause to the pay-to-play system between developers and politicians that facilitates spot zoning. Other reforms the measure sought to put into place was for the city to take over authoring a proposed project’s environmental impact report, now written by developers’ consultants. And finally, it required the city accelerate the updating of decades-old community plans so they consider current conditions. Despite Measure S’s failure, it put a flawed planning process in the public eye. Richard Close, president of Sherman Oaks Homeowners Association, supported the measure personally and on behalf of the association’s nearly 2,000 members. The association opposes the current redevelopment concept for the former Sunkist building in Sherman Oaks, owned and occupied now by IMT Capital. The unentitled project is said to need spot zoning. “Although the Measure S solution didn’t pass, I think this is going to create a lot of discussion at City Hall and in the communities,” Close told the Business Journal. “And unless there are solutions in near future, it will be back to the ballot box again for Measure S 2.” Yes or no It was the possibility of a two-year halt on building larger, non-conforming projects that seemed to raise the most ire from the measure’s opposition. Given that the city is in a building boom and a declared housing crisis, the hardline building moratorium brought out developers, politicians including Mayor Eric Garcetti, labor and trade unions, major environmental groups, homeless advocates, neighborhood councils, the Southland Association of Realtors Inc. and even Gov. Jerry Brown. Joseph Bernstein, director of development for Studio City’s Sapphire Construction and Development, said the uncertainty about what the future would be for projects that required zoning changes caused the company to turn down the chance to redevelop a building in the San Fernando Valley that needed a change to the footprint zoning to switch the parking area to the back of the building from the front. The company felt that if Measure S passed, it wouldn’t have been able to get the zone change, Bernstein said. “It’s so clear that someone should not have to go through a full zone change process to bring a property with footprint zoning up-to-date,” he said. “Sapphire had to table that (project) until we understood what was going to happen with Measure S.” Other developers held off buying unentitled land in case they couldn’t get approvals under Measure S. Local lenders also said the measure discouraged them from making some construction loans. Ellen Golla, land acquisition manager for Daniel Bernstein & Associates Inc. in Chatsworth, said as a developer of infill properties – or land interspersed between older existing properties in established neighborhoods – it would have been impacted by the measure, given that other development-restricting measures have also passed recently. “We were economically required to stop looking for infill opportunities within the city of Los Angeles and focus our efforts outside of the city,” Golla said. But with the defeat of the measure, the company “will refocus efforts immediately” within the city, she added. The Southland Regional Association of Realtors in Van Nuys contributed to opposition groups, particularly the Coalition to Protect L.A. Neighborhoods and Jobs — No on S. “Workers need our help,” said Nancy Starczyk, president of the association, in a statement. “We must increase the housing supply and make housing available and affordable for everyone again.” Many who fought against it said the measure went too far; meanwhile some supporters felt it didn’t go far enough. Gerald A. Silver, president of Homeowners of Encino, said the measure wouldn’t have helped curb development along a particularly busy section of Ventura Boulevard that runs through his community. Several new apartment projects have been built there in recent years, he said, replacing retail stores and businesses and creating much more traffic. Out-of-towners who used to shop there now go elsewhere. But the projects were compliant with the building codes in the boulevard’s specific plan. “I officially support Measure S – but it doesn’t go far enough,” Silver said. “I’m concerned that the (community plan) updates would make them more liberal and allow more development. But, I believe it (the measure) is headed in the right direction.” Next steps With the looming building ban put to rest, some of Measure S’s more palatable mandates are moving forward on their own. Top of the list is updating the city’s 35 neighborhood growth plans, 29 of which are more than 15 years old. Last fall, L.A.’s City Council committed $2 million that year and $4.2 million each subsequent year to make sure plan updates happen within 10 years. The Van Nuys office is adding staff, as updates will begin in the Valley because it has 12 – the largest number of old plans compared to other L.A. areas. Garcetti, who was re-elected in the election and opposed Measure S, signed an Executive Order two days after the election with new rules to make the planning process “more efficient, effective, fair and transparent.” Changes include shortening the General Plan and Community Plan update process to six years with renewals at five-year intervals, creating a formal schedule for the updates and a task force to make it happen. Additionally, Garcetti prohibited city planning commissioners from private meetings that relate to upcoming planning commission hearings. “Angelenos have sent us a clear message,” Garcetti wrote in the order. Bernstein said Measure S polarized people but it did start a conversation. “It got many people focused on planning issues who may not have even been aware of them before,” he said. Jill Stewart, a former L.A. Times reporter, and director of the Measure S campaign with the Coalition to Preserve LA, claimed Garcetti’s efforts as Measure S victories. “We lost election but won the argument,” she said. “We completely changed the discussion, and we’re very happy.”
