CP&DR Vol 24 No.14 - October 2009

If building houses were as easy as drafting laws, California would have left its housing crisis in the dust long ago. With rents continuing to inch upward, legislators in Sacramento have introduced a myriad of bills intended to streamline, fund, and otherwise promote the production of both market rate and subsidized housing statewide. Even bills whose titles ostensibly speak to issues like zoning, redevelopment dissolution, and infrastructure development are concerned wholly or in part with housing.

The fifteen or so land-use measures on city and county ballots June 6 represent a cross-section of issues that California localities are facing. They include referenda on perennial questions like proposed developments (Pleasanton Measure K),  affordable housing (San Francisco Proposition C) funding for parks and infrastructure (San Francisco Proposition B). and, yet again, State of Jefferson secession (Lassen County).

Just when cities thought it was safe to sign on to notices of completion and put their long redevelopment nightmares behind them, a newly proposed bill yet again has put cities at odds with the state.

A typically diverse array of land use measures appears on the November ballot in a handful of localities around the state. Most questions ask voters to endorse or oppose specific developments, from a golf course redevelopment in El Dorado County to a park in San Carlos. Only the City of Modesto has a sweeping, citywide question, billed as a referendum on urban sprawl.

Another Newhall Ranch case goes to the Supreme Court. The winning environmentalists seek a rehearing in the big Newhall lvictorh -- mostly to clarify the nature of their win. And, on another front, an appellate court reheard a groundwater extraction fee case and didn't budget.

Only a few significant planning and development bills made to Gov. Jerry Brown's desk by the end of the legislative session on Sept. 11 -- most significantly SB 774, which requires local governments to cut parking ratios for transit-oriented development.

ULI Los Angeles, in partnership with VerdeXchange , announces FutureBuild 2016 . This assembly of the land-use thinkers and innovators in business and government, local and worldwide, will be Tuesday, January 26, 2016, 7:30 am to 1:30 pm, at L.A. Downtown Hotel, 333 S. Figueroa Street, Los Angeles, CA 90071.

A proposed development in Newport Beach that has become a crucible for the California Coastal Commission was overwhelmingly rejected, 9-1, by the commission on Wednesday. With the controversial dismissal of former Executive Director Charles Lester in February, many environmentalists had accused the commission of taking a turn in favor of development and in opposition to serious coastal protection but the commission went in the other direction on Banning Ranch.

The demise of redevelopment may leave the city of San Diego with a monstrous bill : $271 million to cover the development of its downtown stadium, Petco Park. When the stadium's financing plan was approved in 1998, general obligation bond funds were to be routed through the Center City Development Corp., one of the city's redevelopment agencies. In anticipation of the 2012 shutdown of redevelopment, CCDC transferred over $200 million to the city. The state then determined that these funds were not authorized for exemption from state "claw-back." In a 9-0 vote earlier this month, the City Council determined that it would pursue legal action against the state. Opponents of Sacramento Arena Raise EIR Concerns in Court Foes of the efforts to build a new stadium for the Sacramento Kings  aired their concerns in court  earlier this month, calling the project's environmental impact report inadequate. Justices in the Court of Appeals asked lawyers for the city whether planners had surveyed other alternative sites and considered the impact of stadium traffic on I-5. Opponents of the project are concerned about a $255 million public subsidy that the city is giving to the arena, and that state lawmakers passed SB 743, written specifically for the project and intended to make it much harder for foes to block construction. The hearing ended without a ruling. Sen. Jackson Seeks to Streamline CEQA Process The  latest attempt to reform CEQA  comes from State Sen. Hannah-Beth Jackson (Dist. 19 � Santa Barbara). Her bill, SB 122, attempts to streamline the CEQA process but does not make substantive changes to the law. SB 122 would make lead agencies keep an administrative record of all actions on a project in real time. Jackson claims that this change would help streamline much of the data-gathering process, which is now typically done only after a lawsuit is filed. The bill would also establish an online clearinghouse through the Office of Planning and Research that would post all documents relating to environmental impact reports across the state. Finally, the bill would reform what Jackson calls "document dumping" at the scheduled close of the public comment period on draft EIRs. City of San Francisco Must Pay for Tree Upkeep The San Francisco Board of Supervisors agreed that the city's Department of Public Works, not local property owners,  should be responsible for upkeep of the city's street trees . The vote is a move away from dumping the cost of tree maintenance to homeowners and is in line with the Planning Department's Urban Forest Master Plan. But, the supervisors did not allocate any money toward the $15 million annual cost of upkeep.  That could be the toughest part, as Supervisor Scott Weiner said, "trees don't do well in the budget process." A parcel tax is being considered for the 2016 ballot. Meanwhile, the city is hoping to add 50,000 street trees to its urban forest by 2035. San Diego Awash in Unused Development Impact Fees An investigation by the San Diego Union-Tribune  found that the city has let pile up millions  of unspent dollars of developer impact fees, designed to offset the local impacts of big projects. These monies may be used for local infrastructure projects such as parks and fire stations. Over $78 million collected has not been spent as of June 2014; $35 million of that has not been designated for any specific purpose. Public officials have expressed frustration in the wake of a staggering backlog of infrastructure improvements in the city that have not been fixed. Ranking Gentrification in California According to a new ranking of incidence of gentrification in America's 50 largest cities, Sacramento and Oakland are the most rapidly gentrifying cities in California. Governing Magazine ranked them Nos. 9 and 11, respectively, in its "Gentrification in America" report. Around 30 percent of both cities' census tracts were determined to have gentrified since 2000. Though California cities have some of the highest rents in the country, cities including San Diego, San Francisco and San Jose ranked lower in part because they have already gentrified dramatically. The report defined a neighborhood as gentrified if growth in its median household income and home value was in the top third percentile as compared with other neighborhoods in its metro area; median incomes and home values had to be in the bottom 40% in 2000 for a neighborhood to be eligible. High Speed Rail Opposition Files Petition Two counties in the Central Valley  have filed a petition with the 9th District Court of Appeals , hoping to overturn a ruling by a federal agency prohibiting state courts from citing CEQA in opposition to the high speed rail coming to California. The Surface Transportation Board ruled in December that the state couldn't use CEQA because doing so could "deny or significantly delay an entity's right to construct a line that the (Surface Transportation) Board has specifically authorized, thus impinging upon the board's exclusive jurisdiction over rail transportation." Kings County and Kern County, in association with several anti-HSR groups in the Central Valley and Bay Area, contend that the previous ruling "violates petitioners' constitutional right to seek redress of grievances" and that it violates California's sovereignty as guaranteed by the 10th Amendment.

In California land use news this week: The Monterey Herald is reporting that Cal American Water has settled with landowner Cemex ahead of its Coastal Commission appearance on Wednesday to seek permission to drill a test well under the City of Marina. The well would go under the sea floor to check if water could be taken from that area for a desalination plant proposed for the Cemex sand mining site in North Marina. Cal Am and Cemex had been on the point of litigation . Marina officials have criticized the plan because they feared that it might worsen saltwater intrusion into groundwater and that, once dug, it might be used permanently for extraction, not just for testing. The Commission's agenda packet as of this writing showed a staff recommendation for conditional approval. For prior coverage see http://www.cp-dr.com/articles/node-3610 . The Santa Clara Valley Transportation Authority (VTA) has proposed to cut two BART stations planned for San Jose and Santa Clara. The station in San Jose, on 28th Street in the Alum Rock area, has been popular with its proposed neighbors, who worked willingly with public officials on a transit-oriented development project. Details via Planetizen at http://www.planetizen.com/articles/node-71983 and in the San Francisco Business Times . The HomeAway vacation rental Web site has sued San Francisco over the city's recently passed law legalizing certain vacation rentals, saying it favors Airbnb over other companies. Carolyn Said reported on the dispute in the San Francisco Chronicle . As she noted, City Attorney Dennis Herrera posted a statement saying he would "vigorously defend" against the suit, and complaining, "HomeAway's challenge pushes a dubious legal theory that the U.S. Constitution's Commerce Clause somehow prohibits local jurisdictions from making local land use decisions." The VTA issued an environmental assessment on its planned Bus Rapid Transit project along El Camino from Palo Alto to San Jose. See http://www.vta.org/el-camino-brt . Reports of the death of "dinosaur planning" may be exaggerated. The LA Times reported last week on the opening of a partly built first "neighborhood" of a 1200-unit "community" to be known as Park Place, in the enormous planned "New Model Colony" town in Ontario, California. The paper describes it as "the first New Model Colony project to debut since the financial crisis." Economist Gerd-Ulf Krueger told the paper, "The dinosaurs... have come alive." Los Angeles Metro held a groundbreaking on the Purple Line . For initial reactions see the #purpleline Twitter hashtag. Ethan Elkind posted a bittersweet note of celebration . The LA Times reports the line that was once dreamed of as the "subway to the sea" will in fact most likely stop at the VA hospital in Westwood. It's a long if pretty walk from there to the ocean. The Sacramento Bee reported the Kings basketball team released plans for mixed-use residential, commercial and office construction ancillary to their new arena in downtown Sacramento. A Modesto group, Stamp Out Sprawl, started a petition drive to place an urban growth boundary limit on the November 2015 ballot to steer big-box retail stores away from the Wood Colony area. The Modesto Bee has details at http://www.modbee.com/news/local/article3545807.html . The LA Times reported the Zillow real estate site found 47.9% of working-age adults in Los Angeles and Orange Counties live with a roommate or adult family member other than a spouse. On the real-estate-oriented HousingWire site, that story led to a somewhat different headline: " Zillow: Millions of potential houses lost to 'doubling up' ". The original Zillow report refers to the doubled-up people as "hidden households." As anyone knows who was at the APA-California convention in September, the Disneyland area of Anaheim could use a smoother transportation setup between the theme parks and convention center, and the many blocks of hotels that serve them. Now Planetizen reports some critics are seeing connections between Disney's political contributions and a proposal for a streetcar in the area. A hearing is set for November 12 on Los Angeles County Board of Supervisors approval of the Antelope Valley Area Plan and its EIR, discussed in our recent news feature at http://www.cp-dr.com/articles/node-3603 . For plan materials see http://planning.lacounty.gov/tnc/ . For the Board of Supervisors agenda see the November 12 entry at http://bos.co.la.ca.us/BoardMeeting/BoardAgendas.aspx . Links to the Board's agenda materials are at http://file.lacounty.gov/bos/supdocs/89590.pdf and include a 118-page draft Statement of Overriding Considerations. An initial hearing was held November 5 on a draft renewable energy ordinance for unincorporated areas of Los Angeles County, including some large high desert tracts where large solar arrays have been controversially proposed. See http://planning.lacounty.gov/energy . The Sacramento Bee reports the solar industry is rebounding after losing ground during the home mortgage crisis. Investigative freelancer Darwin Bond Graham writes on his blog that the exclusive city of Piedmont is willing to allow affordable housing in its Housing Element, but principally by encouraging owners of large houses or lots to add second units -- in some cases by re-converting actual former servants' quarters into -- yep, servants' quarters again. The Los Angeles Times reports the statewide plastic bag ban is actually kind of popular . Last week the LA Times reported in detail on seismic protections in the New Wilshire Grand tower . Los Angeles is in a quandary over increasing costs of privately contracted street tree maintenance. Planetizen has a roundup at http://www.planetizen.com/articles/node-71873 of attempts by the City of Lancaster to close its Metrolink station, which serves 400 commuters, based on claims that it brings homeless people to the city. Planetizen picked up a plan to spend $2.8 million developing a rail trail along Slauson Avenue in Los Angeles. See www.planetizen.com/articles/node-71893 . And The Planning Report has an interview with Esther Feldman of Community Conservation Solutions about Zev Yaroslavsky's work creating a missing link for walkers in the LA River Greenway Trail. Stockton is officially out of bankruptcy .