Peter MacDonald - Land Use Law
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Articles/ Press

May 17, 2021 Letter to Governor Newsom - Possible Improvements to 2022-2030 RHNA Cycle
0.7_email_to_governor_newsom_re_possible_improvements_to_2022-2030_rhna_cycle_w_exhibits.pdf
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May 17, 2021 Letter to Pleasanton City Council

21.__210517_letter_to_city_council_re_housing_element.pdf
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January 29, 2021 Real Cost of a 15% Inclusionary Requirement

200129_real_cost_of_a_15__inclusionary_requirement.pdf
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July 25, 2021 Reject Main Street Retail Mandate

210725_reject_main_street_retail_mandate.pdf
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 Millbrae Parking Study intro paragraph
millbrae_parking_study.pdf
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An Economic Analysis of an Inclusionary Zoning Ordinance
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A simple classical economic analysis, systematically tracing how mandatory set aside of rent controlled units drives up the price of all housing.  This Analysis calculated $13 of increased private housing costs for every $1 of rent subsidy achieved.  The funding source for rent controlled inclusionary housing is artificial inflation in market rate housing costs.  2001.

Business Connection Article re Making Historic Regulations Effective
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An article in Pleasanton Chamber of Commerce Business Connection suggesting historic preservation is most effective when it provides for adaptive re-use and reconstruction of older buildings.  2013. 

Kolln Hardware Historical Restoration
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A Pleasanton citizen’s alarm to the City and public that unless the City allows reconstruction of the iconic Kolln Hardware Building, the City could lose that building permanently.  The article explains how over restrictive historic regulation can have a “brownfield effect” by discouraging rehabilitation and preservation of a community’s historic resources.  2006. 

Transition Zone Dooms Revitalization
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An argument showing how restrictive regulation of hospitality businesses was preventing revitalization of Downtown Pleasanton.  These arguments and other strong voices from the downtown business community led Pleasanton to adopt a state of the art hospitality ordinance.  2012. 

Shanklin v. Haggerty ECBZA Letter
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A pro bono letter in support of a small landowner who was targeted by Alameda County Supervisor Scott Haggerty for oppressive zoning enforcement.  The supporting documents set forth more than ten serious violations of Due Process, fundamental fairness, common decency, and their own ordinances by Alameda County officials.  2013. 

Principles for a Workable Tri-Valley Housing Policy
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Drafted during the housing bubble of the early 2000’s, this article articulates timeless principles for good planning to achieve lower housing prices.  This article shows how new urbanist development can be combined with compact suburban development to provide for the growth of California’s population.  The article shows using actual densities how compact suburban development, including substantial single family home construction, can accommodate urban growth with very minor absorption of rural greenfields in California (less than 400 square miles per decade).  2001.     

Vineyard Village Plan
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From 1989, an innovative early proposal in the sequence of discussions between landowners, environmentalists, and City and County officials that ultimately led to adoption the renowned South Livermore Valley Specific Plan in 1997, using key concepts from the Vineyard Village Plan.  1989. 

Inclusionary Zoning vs. Mandatory Set Asides
File Size: 447 kb
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How to get Along with City Hall
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Some common sense suggestions on how school districts should approach cities when proposing new schools, or other facility expansions.  1997.    

The Planned Unit Development Process
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A skeptical review of the Planned Unit Development process, which has been abused by planners and politicians to maximize uncertainty and exactions for landowners, while stifling the design flexibility it was intended to provide.  2001.

Guest Opinion in Pleasanton Weekly: Sept. 5, 2008
An argument opposed to Measure PP, which robbed hillside landowners of the right to use their properties, and which, upon adoption, left ambiguities that the City of Pleasanton is still trying to sort out.  2008.   

Our Core Argument (Regarding RLUIPA)
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The Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits discrimination against religious uses.  But, when Faith Fellowship Congregation wanted to relocate to a large industrial building, the City of San Leandro rewrote its zoning ordinance to prohibit that relocation.  This submittal to the Planning Commission gave the City advance warning of the legal problems it would face under RLUIPA.  But, the City had to learn the hard way when a Ninth Circuit Court of Appeals decision later reversed the City’s discrimination at a cost to the City of millions of dollars.  2007. 

120911_2nd_submittal_valpico_apartments.pdf
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Edit text here for intro paragraph
120911_2nd_submittal_macdonald_apartments.pdf
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Edit text here for intro paragraph
120911_color_site_plan_image_only_9-11-12_v2.pdf
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A systematic comparison of 12 Northern California cities’ parking standards, as applied to the same 100 unit apartment complex.  The Study also includes actual parking counts at five Tracy apartment complexes in late evening.  The parking counts suggest that apartment parking standards in Tracy (and most of the cities surveyed) massively exceed parking demand from apartments.  The Institute of Traffic Engineers Parking Generation Handbook (4th ed.) confirms these findings.  2012. 

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