Paul Wellman
Construction at Cottage Hospital.
B is for Building Height
Anti-“High Rise” Initiative Sparks Lawsuit
Friday, July 31, 2009
A Santa Barbara architect has filed a 95-page lawsuit challenging the use of the term “high-rise” by supporters of Measure B, a proposed Santa Barbara charter amendment that purports to save downtown Santa Barbara from “high-rise” development by reducing maximum allowable building height - downtown - from the current limit of 60-feet to a new limit of 40-feet. In addition, the initiative - which will be decided by city residents this November - would limit the height of new buildings outside of downtown’s El Pueblo Viejo to 45 feet.
Architect Brian Hofer claimed the language deployed by Measure B supporters was seriously misleading and imprecise. Measure B could not protect against further high-rises, according to his lawsuit, because high-rises are already prohibited by existing city laws. Hofer noted that a “high-rise” is defined under the California Building Code as any structure 75-feet high or more. Existing city rules bar the approval or construction of any building over 60-feet high. Because of this, Hofer contended it’s legally improper for Measure B supporters to claim they are protecting the city from further “high-rise” development, a term they use four times throughout their ballot arguments.
Bill Mahan, leading the charge on behalf of Measure B, saw it differently. “We feel the ballot argument is a political statement and that we have the right to use words the way we find them in the dictionary,” Mahan added. He said he had two different dictionaries and that both defined a “high-rise” as a multi-story building. Wikipedia, he noted, states that there’s no commonly agreed upon definition. “It’s a matter of opinion,” he said. “Most people would not automatically think to look it up in the state building codes.”
By Paul Wellman (file)
Bill Mahan
Measure B emerged out of growing community discontent sparked by the construction of three new mixed-use developments on lower Chapala Street. Many slow-growth advocates expressed concern about “the canyonization” of Chapala and the proliferation of sky-scrapers that they claimed threatened to gobble up Santa Barbara’s small town personality and historic ambience. Ironically, Mahan - an architect and former member of the city’s planning commission - had approved the developments he’s now crusading against. In one instance, Mahan and his fellow commissioners affirmatively urged the developer to increase the height of the building then proposed to achieve better set-backs from nearby Mission Creek and to accommodate more units of affordable housing. None of the buildings that have since elicited community uproar were opposed by any of the usual watch-dog groups; the controversy ensued after construction commenced.
Initially, the threat of an initiative was regarded as an attention-getting device to focus members of the city council on the issue of tall buildings. By threatening to go directly to the people, members of Save El Pueblo Viejo had hoped the council would adopt an interim ordinance - or, better yet, a permanent measure - that addressed the issue. But after the group collected 11,500 signatures, many members had little interest in striking a negotiated deal with City Hall. Likewise, council machinations to place a competitive ordinance on the ballot failed to garner the necessary votes.
Paul Wellman
Construction at Cottage Hospital.
Measure B, as it would eventually be designated, attracted a mix of traditional slow-growthers opposed to density, preservationists, and a new infusion of energy by people vehemently opposed to the council’s support for alternative transportation policies, especially the “traffic-calming” mechanisms known as bulb-outs and round-abouts. Opposing Measure B is an equally intriguing mix of developers, architects, and environmentalists concerned about urban sprawl, alternative transportation, and global warming, plus a coalition of social justice advocates worried that the more restrictive height limit would diminish opportunities to build affordable housing. This schism is well represented by the names and organizations signing the ballot arguments for and against Measure B.
Signing ballot statements in favor of Measure B - or arguments rebutting the opposition’s ballot arguments - were three former mayors Sheila Lodge, Hal Conklin and Harriet Miller as well as current mayor Marty Blum and mayoral candidate Dale Francisco. In addition, former county supervisor Jeanne Graffy endorsed the measure, as did Frank Banales (director of Zona Seca), Sue Adams (president of the Pearl Chase Society), Connie Hannah (of the League of Women Voters) and finally, Mahan himself, with the Committee to Save El Pueblo Viejo.
Signing arguments opposing Measure B - or rebutting the rebuttal to it - are former city councilmembers Dan Secord and Gil Garcia, Community Environmental Council director Dave Davis, former City College executive John Romo, Julie McGovern with the Chamber of Commerce, Belen Seara with PUEBLO, Mickey Flacks with SBCAN, Alex Pujo with COAST, and Daraka Larimore-Hall with the Democratic Party.
Measure B’s critics contend, among other things, that should the initiative succeed and an earthquake were to level such landmarks as the Granada, the Lobero, the Arlington Theater or Cottage Hospital, they could not be rebuilt without an affirmative vote of the people. Mahan acknowledged that to be the case, but he said that’s true under the city’s existing rules guiding height limits. The Arlington and the Lobero, he noted, stand 80 feet high, and Granada is 112-feet tall. None of these are allowed under the city’s existing ordinance limiting buildings to 60 feet. If any of these historic structures were to be destroyed in a natural disaster, Mahan said he’d expect the City Council to place the matter before city voters. If not, he said, he’d collect the signatures himself. Mahan added that Cottage Hospital is currently spending $1 billion to seismically retrofit itself as a precaution against any earthquake, so presumably, he said, it would still be standing after the tremors faded.
But according to assistant city attorney Scott Vincent, the legal picture is more complicated than that. Vincent claimed that no election would be required to rebuild any of these structures - technically known as legal non-conforming uses - unless they lost more than 75 percent of their market value in the course of a natural disaster. Anything less, he said, and the owners would be allowed to rebuild without the requirement of a city election.
Comments
At least they didn't say "skyscraper."
jimstoic (anonymous profile)
July 31, 2009 at 8:23 p.m. (Suggest removal)
Way to go Brian!!! That is really wonderful that you are doing this!!! THANK YOU
lovechop (anonymous profile)
July 31, 2009 at 9:25 p.m. (Suggest removal)
I hope this lawsuit goes the same way as Chapala one-bankrupt. Why are local builders so frightened of citizens voting. First they tried to stop the initiative with the Das Williams-backed poison pill. Now this. It's rare to see this blatant of an attempt to quash a grass-roots effort. Shame. Personally I haven't decided yet how I'm going to vote on this. But the more these kinds of shenanigans are pulled out of the hat, the greater my support for Measure B.
2009SBwatch (anonymous profile)
August 1, 2009 at 8:57 a.m. (Suggest removal)
They say it is misleading to use the word "high-rise" in advocating for Measure B because it is misleading. Yet they advocate like mad for "smart growth" city development that builds "UP instead of out".
How the hell are they going to build "up", enough so that it satisfies their dreams of affordable housing, sprawl prevention, and aviodance of cars, without building high-rises?
The campaign for Measure B is not only about the specific limits it would impose, but derailing the efforts to turn Santa Barbara eventually into a dense "vertical" city.
Joer43
joer43 (anonymous profile)
August 1, 2009 at 9:17 a.m. (Suggest removal)
Great work, Brian! It's time for the silent minority in Santa Barbara to step up and defeat Measure B and let our voice of reason be heard.
I'm so sick and tired of a few old farts with too much time on their hands trying to determine the future for the rest of us.
Indyholio (anonymous profile)
August 1, 2009 at 11:25 a.m. (Suggest removal)
"B" is for beautiful - keep Santa Barbara beautiful.
Interesting comment by city attorney Scott Vincent. That takes care of the can't-be-rebuilt red herring that some people have been dragging around! Hard to see when the "market value" of a non-conforming legal building, such as the Lobero, would be reduced to less than 25% of its pre-earthquake value.
And should that happen, then Mahan is right: there could be/would be a city election demanding that it be rebuilt, as was before the natural event.
This lawsuit is offbase. Ballot arguments should be in plain English, not in techno-speak. Who, except for architects and builders, ever reads the Building Code in order to understand building issues and concerns --- not to say one shouldn't read it, just not to expect a rarified meaning to be understood by 99% of voters!
at_large (anonymous profile)
August 1, 2009 at 12:14 p.m. (Suggest removal)
"B" is for bored. I agree, I'm tired of old farts with too much time on their hands deciding the fate of MY city. Where I will be alive far longer than them. Pearl Chase would be laughing them out of her salon. What would Santa Barbara be without the Courthouse, the Lobero, the Granada, the Arlington? Stop hanging smart growth around "heights" as if it's the intent of every builder to smash up urban apartments. All builders/architects REAL PEOPLE want is "room" to design a good building. Get rid of all the crappy city requirements that stifle creativity... the inclusionary housing that forces builders to "maximize" profits by adding high-end luxury units. I never felt I was entitled to be "included" in prime downtown real estate... why do YOU? And yeah, let's ditch some of the old farts too.
maximum (anonymous profile)
August 2, 2009 at 12:36 a.m. (Suggest removal)
I suppose it is fitting that an architect would file a lawsuit to stifle the will of the people. After all that is the crowd that has the most to gain by building tall buildings with more expensive condos that we don't need.
What ever happened to democracy? Many people live in Santa Barbara because they like the small town character and they like the open feeling and the views. They don't want the historic buildings over shadowed by tall or massive modern buildings. That is why 11,000 plus residents signed the petition.
People come to visit Santa Barbara because it is different. Our economic base is dependent on these visitors.
I would point out to this small minority that wants to stifle the will of the people and apparently has no aesthetic appreciation of Santa Barbara's unique character that there are plenty of other communities that have the tall big buildings they crave. Why don't they just move there and leave Santa Barbara to those who love it.
LongTimeResident (anonymous profile)
August 2, 2009 at 3:45 a.m. (Suggest removal)
If someone were misidentifying my work and livelihood by using incorrect terminology in written public forum I am pretty sure I would file a lawsuit as well. The fact that these people use the term "high-rise" to define a 60 foot building should tell you something about the tactics they are using in this campaign.
Num1UofAn (anonymous profile)
August 2, 2009 at 10:44 a.m. (Suggest removal)
High-rise indeed. Click here http://saveelpuebloviejo.org/pipeline...
for an idea of the kind of fear-mongering these folks have engaged in from the start. KNOW the actual number of buildings BUILT is about (and not during recession) 2 a year. REALIZE that any intelligent group of design review boards can analyze that small number of projects... wouldn't you think? NO, instead these folks want draconian measures, because what they really want is for Santa Barbara to never ever ever grow again at all! How enlightened... meanwhile, we'll be stuck with their flat boring vision? Not me. I vote NO.
maximum (anonymous profile)
August 2, 2009 at 11:35 a.m. (Suggest removal)
Interesting how many people proclaim that their view is "the will of the people". Without a vote, just how do you know the "will of the people". But, in any case, the use of the term "high rise" to describe a 60 foot building is clearly intended to mislead....
JohnLocke (anonymous profile)
August 2, 2009 at 12:13 p.m. (Suggest removal)
The developers are likely to find a way to make $$$ even if Measure B passes. They always do in this town. If I were you I wouldn't turn to them for a neutral analysis of the facts either.
local (anonymous profile)
August 2, 2009 at 5:31 p.m. (Suggest removal)
Ever seen a beautiful government-designed building? I offer the local Bankrupty Court building of what government design can bring us. Pure unadulterated ugly.
JohnLocke (anonymous profile)
August 2, 2009 at 6:33 p.m. (Suggest removal)
I support affordable housing and even I can't stand those horrible buildings on Chapala st.! I certainly understand why people got angry.
LC (anonymous profile)
August 2, 2009 at 8:25 p.m. (Suggest removal)
Indyholio wrote, "I'm so sick and tired of a few old farts with too much time on their hands trying to determine the future for the rest of us."
Oh, really? Old farts don't have a say in the future of SB? Because they have time to invest in their vision they should not have a say in our future? How do you know "the rest of us" differ with them?
After you get down off your soapbox, let me know.
SezMe (anonymous profile)
August 3, 2009 at 1:38 a.m. (Suggest removal)
JohnLocke wrote, "Ever seen a beautiful government-designed building? I offer the local Bankrupty Court building of what government design can bring us. Pure unadulterated ugly."
Now that is funny...and pathetic. Would you like to inform us, Mr. Locke, what that building contained before it became the bankrupty [sic] court?
SezMe (anonymous profile)
August 3, 2009 at 1:43 a.m. (Suggest removal)
I was told the gov built it. Given the tenor of your comment, perhaps YOU could inform us, rather than just sniping. Maybe the Bankruptcy Court just has extremely bad taste in architecture?
JohnLocke (anonymous profile)
August 3, 2009 at 11:40 a.m. (Suggest removal)
You guys gotta been kidding; how long you been around?
That "ugly government building" that now houses the bankruptcy court was, for eons, the posh I. Magnins deprtment store.
joer43 (anonymous profile)
August 3, 2009 at 12:05 p.m. (Suggest removal)
high rise is a perfect term for buildings over 60ft in SB compared to what we now have. I am a young fart (35), and the last thing I want to see is SB with more buildings that reach into the sky like the tower of babel. Plus, I don't have any sympathy for the architects and builders who make quite a nice living already when they cry about "misidentifying my work and livelihood by using incorrect terminology". High rise is not incorrect terminology but an opinion that happens to ring true to a great many people who live here. Then they cry about affordable housing as if they want to put the poor up in the sky, off the ground. PLEASE SPARE US! I see no affordable housing in some recently built apartment just off state street. Could somebody please show us the affordable housing? and what of the random comments by those who sound as if they were told to stop by the independent site and comment on this story to show support for the architect, fear monger about earthquakes and how we wouldn't be able to build historic buildings again if they fell (???!!!!) We are limited to space in this city by the mountains and the sea. Go build your castles elsewhere.
spacey (anonymous profile)
August 3, 2009 at 12:09 p.m. (Suggest removal)
LoL, silent minority!!
That's a good one..
I'm pretty sure the reason most people live here is because they hate LA and maybe even Ventura. SO why don't you guys head back there if you like tall buildings so much??
loonpt (anonymous profile)
August 3, 2009 at 2:09 p.m. (Suggest removal)
Commenting on the previous comments and type of language used I offer the following. There was a fellow fishing at the ocean at the serf's edge. A few kids came along and looked in the white bait bucket behind him. "Hey, mister," one kid said. One of the crabs is trying to get out!" "Do not worry about it," said the fisherman. "They are like a lot of politicians. When one tries to crawl out, the rest of them pull him back down."
We grateful geezers regret the disparaging remarks made upon one's person because of age rather than addressing the issues at hand. If you called a black person a "ni**er," or a brown person a "sp*c," you would be condemned. Ditto old farts and other such put down names. How about young dumb? Never trust anyone under 30? Mark Twain said youth is wasted on the young. But, Mark, we respond, upon whom else would you waste it?
What is youth except a man or a woman before it is ready or fit to be seen? Evelyn Waugh
Aging is not 'lost youth' but a new stage of opportunity and strength.
Don't laugh at a youth for his affectations; he is only trying on one face after another to find his own.
Praise youth and it will prosper.
Bird (anonymous profile)
August 3, 2009 at 4:58 p.m. (Suggest removal)
Santa Barbara's a beautiful city and I think it's wonderful that people want to protect that beauty, but let's be a little realistic and recognize that the population of SB will continue to grow. There are two ways that Santa Barbara can grow - either with more density or a larger city footprint. Unless your idea of a beautiful city is one that sprawls and claims as much land as possible, density is key. I would rather choose the 'greener option' (and it is the greener option) to protect nature as much as possible and keep the city perimeter pulled in. I fear seeing this 40' height rule pass when it seems that the future will eventually find it a silly rule necessary to discard in order to take care of its own people, and then where will the 60' buildings find themselves? They will be on the outskirts of the city - unraveling the 'heart of the city.' The downtown heart of the city is where the taller buildings should be, because that helps stamp it as the 'center' of the city. Think more long-term people, and recognize that it is IMPOSSIBLE for Santa Barbara to remain exactly the same size. Also, educate yourself on city growth - maybe try 'The Life and Death of Great American Cities' by Jane Jacobs - that's a good one to start you off.
The use of 'high-rise' is misleading propaganda, but then again suing over word-use is just as ridiculous - this is still America with the freedom of speech still intact.
Gaijin (anonymous profile)
August 3, 2009 at 5:49 p.m. (Suggest removal)
Well said Gaijin.
One of my relatives who was raised in SB but lives in New York City called recently to say the use of the term "high rise" to describe a 60-ft building is ridiculous.
To me, its political rhetoric and I'm sure Bill Mahan and his cohorts know this. And as we know, political rhetoric doesn't have to be remotely near the truth. Remember Condoleeza Rice's use of "mushroom cloud"?
EastBeach (anonymous profile)
August 4, 2009 at 12:54 p.m. (Suggest removal)
JohnLocke: "I was told the gov built it. Given the tenor of your comment, perhaps YOU could inform us, rather than just sniping. Maybe the Bankruptcy Court just has extremely bad taste in architecture?"
As joer43 has correctly informed you, it was a retail store.
Given the tenor of your bombast, perhaps you could use something other than rumor upon which to base your arguments.
SezMe (anonymous profile)
August 4, 2009 at 1:44 p.m. (Suggest removal)
Gaijin, thank you. Finally someone who gets it.
sbdude (anonymous profile)
August 4, 2009 at 4:46 p.m. (Suggest removal)
Having grown up here I am fine with the building heights as they are and think Chapala One is a nicer looking building that what was there. I am also curious as to what views were taken away by that building the mall? the telephone building?
As John Locke showed a lot of those advocating for this in the name of preservation have no idea of what the city was like even a short time ago. The bankruptcy court was never a stellar building back when it was a department store but if I recall right it used to have a pink exterior color. As for the lack of sales at Chapala One that seems to be more the interior layout, price, and ,market than the exterior and footprint of the building.
Applying a one size fits all design for the city is not the right solution.
pointssouth (anonymous profile)
August 8, 2009 at 10:03 a.m. (Suggest removal)
The drama of special-interest theater is not gonna work. In the end Measure B will pass and the visionary architects will have to deal with the fact that people don't like or want their grand visions. Unlike some of the intellectual art we have to endure on State Street now and then, we know it will go away in a few months. But ugly tall buildings are permanent. They don't go away and should not be built. If you want to build high-rises, move to L.A. or San Francisco. In SB, 60ft is a high-rise. You can call it what you want, a sky-scraper, smart-growth worker housing project, ect., it's still out of character and not wanted.
Georgy (anonymous profile)
August 8, 2009 at 1:58 p.m. (Suggest removal)
SB already has a 60' height limit, and it allows for creativity and profitability. SEPV illustrates http://bit.ly/47RFil that 4 story 40' buildings can be built, but to make them profitable for the developer, which is a requirement no matter how much you want people to work for free, they will be designed to fill in every square inch of the height limit, which will cause buildings to have no character. All sides of the building will be a 40' wall from the sidewalk to the roof - which will be flat. BIG SQUARE BOXES are not in character with the beauty of SB. Gregory you lack of taste and willingness for beauty and sustainability to become part of our future will endow you and generations to come with the opposite of the purpose of Measure B.
I also think that a lot of the opposition to whats going on on Chapala was drummed up during the construction of those buildings. Maybe go back and revise your views now that they are done. Are they really that bad? Is it really a canyon of monstrosities? Or were your worried the scaffolding was never coming down. Visionary Architects make places better for everyone. Its the mediocre ones that we can do without. Don't scare away the help.
yakas (anonymous profile)
August 10, 2009 at 4:43 p.m. (Suggest removal)