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  • Prop 13 Imprisons Californians in Their Homes

    By the accounts of pop culture, Los Angeles is a fast-moving city that creates tends just as quickly as it abandons them. It dances to the seasonal rhythms of fashion, cinema, television, and, as of late, the breakneck pace of YouTube and TikTok. And yet, as it turns out, Los Angeles is actually ruled by stasis. A recent report from the real estate listing site Redfin reveals a far slower pace of life, at least for the city’s homeowners. As of 2021, the median Angeleno homeowner has stayed put for 18.1 years. Los Angels ranks dead last among the 74 cities that Redfin analyzed. Every single one of them. Other California cities follow closely: San Jose, Oxnard, and Anaheim all have average tenures of over 16 years. San Diego and San Francisco are over 15 years. Tenures in all California cities in the report are well above the nationwide average of 13.2 years and are, respectively, 3-4 years longer than the study's 2012 benchmarks. The causes and effects are equally dispiriting. By plenty of measures, Los Angeles has been the country’s least-affordable housing market, comparing average rents against average salaries. The for-sale market follows suit. So, homeowners who bought in decades ago have gained wealth through appreciation. But, they’re unlikely to trade up (or down) because the alternatives are just as expensive as their current homes are. They’d have to gain significant wreath through other means and/or dedicate a larger share of their wealth a new home as they do to their current homes. (The same may be true in Cleveland, Dayton, and Detroit, where, despite median home values as low as $180,000, relative poverty makes inhibits would-be movers.) For whatever reason, Grand Rapids, Michigan, has the shortest average tenure, at 5.8 years. Louisville ranks second, at 6.6, and a handful of affordable cities in Florida and elsewhere in the Sunbelt come in comfortably below 10 years. Economics thus imprison Californians in their own homes. Policy throws away the key. The policy, of course, is Prop. 13. Champions and detractors alike can surely agree that it provides a powerful incentive to immobility. In many ways, Redfin's analysis is just another way of illustrating California's housing crisis. But it is revealing and unusually powerful. What the numbers reveal is that, while we might assume that incumbent homeowners are the relative winners in the housing crisis, their victories are limited. They too are constrained. They're possibly stuck in starter homes that weren’t intended to serve them that long. Or, perversely, they might be stuck in dream homes that have outlived their usefulness -- but are still more economical than a more manageable downsized unit might be. The statistics are powerful because they express the human scale of the housing crisis. A shortage of 2 million homes is a statistic. Staring at the same walls for nearly two decades can, in many instances, be a tragedy. The tragedy lies in the erosion of freedom. One of the many benefits of urban life is that of diversity: lively center cities, commodious suburbs, distinctive neighborhoods. We're all familiar with those typologies. And we all know that tastes change. A young couple who buys a fixer-upper in Echo Park might want to raise kids in a downtown high-rise ten years later (and make way for the next young couple). A mid-career professional who buys a condo near her job might want to buy a house near her next job, on the other side of town. An aesthete's tastes might change, and he might want to trade a midcentury Modern ranch house for something from the '80s built entirely of glass blocks and neon tubes. These are the options people deserve. In the aggregate, these are the freedoms that makes a city healthy. Just as we rightfully worry about economically vulnerable people losing homes, we should also worry--at least a bit--about well-off people being stuck in their homes. If all goes well, each of these residents becomes happier and more economically satisfied from one move to the next. But the residents themselves aren’t the only beneficiaries. Their neighborhoods and neighbors do too. Freedom of movement means freedom to discover a fitting place and then to participate in the life of that place, as a customer, diner, neighborhood council member, or gadfly. It also means the freedom to create new relationships. Whatever the welcome wagon might look like in a given neighborhood, every move presents opportunities to make new friends and even new colleagues on the sidewalk, at the local bar, and in the grocery aisles. These relationships are especially crucial in cities like Los Angeles and San Francisco, whose economies thrive on artistic and entrepreneurial creativity. Imagine how much worse off the world would have been if some weird tax policy had kept John Lennon's parents on the opposite side of Liverpool from the McCartneys, or if Flea and Anthony Kedis hadn’t both lived in Fairfax High School’s catchment area. In Los Angeles and other constrained cities, I can't help but think that housing tenure equates with an unspoken but troubling sense of collective anxiety. On balance, churn is good; stasis is not. Anyone who owns a home is fortunate. But fortune might not feel so good when, after a few years, it feels more like an obligation a burden -- and that the only way to release yourself from it is to move to Ohio. But we should not want people to move to Ohio. We should want them to stay in their respective cities and in our state, if they so choose, and contribute as fully as they can. That’s where the public sector comes in. Planners hardly need any more reason to figure out how California cities can accommodate more housing. And the wheels of policy are slowing turning in the direction of more housing. But the Redfin report gives them one more reason to get it right, and—along with developers--to do it quickly. We do not want 18.1 years to turn into a life sentence.

  • CP&DR News Briefs April 26, 2022: Cities Sued Over Housing Elements; Burbank Skirts SB 35; Joshua Tree Remains Unprotected; and More

    Realtor Group Sues Six Cities over Unapproved Housing Elements Californians for Homeownership, a nonprofit organization connected to the California Association of Realtors, sued six cities located in Los Angeles and Orange counties for failing to meet an October 15 deadline to approve updated housing elements that outline how they will accomplish housing requirements over the next decade. The cities include Bradbury, La Habra Heights, Manhattan Beach, Vernon, South Pasadena, and Laguna Hills. The lawsuit is associated with state regulations that increase punishments for local governments that do not adhere to state housing requirements. The nonprofit is aiming for a court order that necessitates quickly-certified and lawful housing elements, which would be certified by the Department of Housing and Community Development. Burbank City Council Thwarts Potential SB 35 Project The City of Burbank may be attempting to intentionally prevent an Orange County-based developer proposing to redevelop a Burbank landmark into a townhouse complex from accessing the streamlined approvals process awarded through SB 35. In its effort to purchase Pickwick Bowl and Gardens and build 98 townhomes, MW Investment Group has suggested that it will designate 10 of the homes as affordable for low-income residents, which would make the project automatically eligible for SB 35's incentives. SB 35, adopted in 2018, restricts cities from rejecting multifamily housing that includes affordable units. Council members argued that the project did not comply with the city's existing land use regulations and was therefore not subject to SB 35 as proposed; the developers could apply for a general plan amendment instead. Attorneys for MW Investment implied that legal action pursuant to the Housing Accountability Act may be forthcoming. State Declines to Consider Protected Status for Joshua Tree In response to a petition filed by the Center for Biological Diversity suggesting climate change's impact on the Joshua tree, the state Fish and Game Commission recommended against identifying the species as threatened. If the Joshua tree avoids this designation by the time the commission reveals its final decision, local jurisdictions will have the power to limit the expansion of commercial, residential, and energy projects on land where Joshua trees sit. Currently, about 40 percent the Joshua tree's range is on private land, and endangered species laws would apply. However, the commission's recommendation suggests that the renewable energy industry may make more use of Joshua tree land, even though it's faced criticism for doing so. LAO Makes Recommendations for New Student Housing Grants Program A new report from the Legislative Analyst's Office analyzes Gov. Gavin Newsom's list of campus projects that may be awarded first-round grant funding under the Higher Education Student Housing Grant Program. In addition to providing key background information on Gov. Newsom's project list, which would total $488 million, the authors provide several recommendations moving forward, such as for the Legislature to contemplate a different approach that considers other measures of affordability or approves more projects in the first round. The authors also recommend that the Legislature implements measures that would reduce risks in the case of cost overruns and discusses other approaches to alleviating the stress of college finances of low-income students and improving existing infrastructure. Warehouse Project in Ontario Meets with Legal Action A recently approved logistics center plan and general plan update that permit over five million square feet of industrial development on south Ontario dairy land are facing pushback from environmental and farming organizations. First, the Center for Community Action Environmental Justice sued the city of Ontario for disregarding public health and agricultural land vitality, hoping that the San Bernardino Superior Court will reject both the project and the general plan updates. A week later, signatures are compiling to repeal the city council's approval of the South Ontario Logistics Center Specific Plan. While those in support of the project cite job opportunities, many community members are concerned that diesel trucks will supplement low-paying jobs to further harm the community. (See related CP&DR coverage.) CP&DR Legal Coverage: Conservation EIR Alternatives; Short-Term Rentals An appellate court has ruled that the environmental impact report for a Livermore development project – a project approved by the city council in that notoriously slow-growth city – was inadequate because it didn’t consider the possibility of purchasing the property for conservation. The First District Court of Appeal found that the RFEIR should have considered the possibility that the land could be purchased for conservation from two possible funding sources – one a mitigation fund created by the giant Dougherty Valley housing project and the other mitigation fund created by the expansion of the Altamont Landfill. A regulation restricting the availability of short-term rentals in Manhattan Beach prompted a suit from an AirBnb host who argued that the restriction required Coastal Commission approval. The court sided with the plaintiff in a case that hinged on whether short-term rentals are considered "hotels or motels" under the city's ordinances. Quick Hits & Updates The town of Los Gatos has sued Santa Clara County for fraud, breach of contract, and negligence over a 1,300-foot section of Shannon Road, which allegedly required millions of dollars in repairs. The road, known for its cracking pavement and originally owned by the county, was handed to Los Gatos following its 2018 annexation, along with maintenance responsibilities. Los Gatos believes that the county failed to make meaningful repairs and intentionally made the road's problems the town's responsibility.The town is seeking $5.5 million in damages. Most U.S. residents, including urban dwellers, believe that high density increases pollution, traffic congestion, and crime, according to a new poll from YouGov. Though city dwellers were more likely to say that high density is more environmentally friendly, most said that it's better for the environment to build houses farther apart. California could shrink its water use by over 30 percent by increasing usage efficiency, according to a new study by the Pacific Institute. Researchers also found that urban areas could reduce the depletion of rivers and aquifers by investing in local projects that would recycle wastewater and capture stormwater. The Berkeley Planning Commission voted , 5-4, to endorse a zoning change that increases the height limit for new BART housing on top of parking lots at two stations from 7 to 12 stories. This would increase the maximum number of housing units from 2,400 to 3,600. A campaign in support of a San Francisco affordable housing measure that could end up on the November ballot has begun, with housing advocates and elected officials responding to the Board of Supervisors' rejection of a measure proposed by Mayor London Breed in January. The Affordable Homes Now measure would accelerate the approval process for new projects. Researchers at UCLA's Lewis Center for Regional Policy Studies have released a report that analyzes the relationship between eligibility for al fresco dining services and street and sidewalk conditions throughout Los Angeles and proposes solutions to make outdoor dining more accessible. Findings demonstrate that neighborhoods of color frequently feature narrower sidewalks, which makes it difficult to expand business participation. Los Angeles is a founding member of a new multi-city partnership launched by the The World Economic Forum to promote urban aerial mobility and tackle congestion, inclusivity, noise, and privacy. About one in five Airbnb listings in Los Angeles over one year violated city policy, according to a report from Better Neighbors LA, a coalition that represents hotel employees and tenants. The report suggests that nearly two-thirds of Airbnb listings may have violated regulations and recommended that the city actively enforces its short-term rental law through targeted fines. The West Oakland Environmental Indicators Project is  suing the Port of Oakland, maintaining that its open-air sand and gravel plant, which is currently under construction, will add air pollutants, harming nearby residents' health. The environmental group hopes that construction will halt, though port officials declined to comment on the lawsuit. In collaboration with Spin, Bakersfield has introduced 125 new e-bikes in order to supplement public transit with sustainable and accessible transportation options. The city implemented the program with a $700,000 state Active Transportation Program grant, which will assist with maintenance and operating costs and allow for subsidized discounts for students and low-income residents.

  • When An AirBNB Is A Residence, Not A Motel

    So, is a house that’s used as an AirBNB a residence or a motel? And whichever it is, does the Coastal Commission have to approve the definition?

  • Is NIMBYism On The Way Out?

    NIMBYism probably had a few births: the founding of Llewellyn Park, the ruling in Euclid vs. Ambler , and the invention of redlining. Or maybe it dates back to the first time homo habilis drew a line in the dirt. Exclusion and opposition to progress do not arise overnight. In California, at least, we can safely peg the origin of modern NIMBYism to the passage of Proposition 13 in 1978. Ever since then, California’s political center of gravity has celebrated suburbs, derided center cities, used and abused the California Environmental Quality Act. Most of all, it has exploited the benefits of Prop. 13's tax freeze and advocated for artificial scarcity that preserves and, in many cases, has wildly increased real and nominal property values. NIMBYism has had a good run: a good, multi-million-dollar fun for many millions of (relatively older, whiter, wealthier) Californians. That run is ending. Let's count the ways: NIMBY-oriented petitions to force recall elections in Los Angeles and San Diego failed to even get on their respective ballots. Statewide ballot measures like 2020's Prop. 21, a rent control measure sponsored by NIMBY group AIDS Healthcare, failed handily. So did, a few more years ago, Measure S in Los Angeles, one of the most massive local slow-growth measures in California history. I personally spent a few days of my life earlier this year researching and writing about the "Our Neighborhood Voices" ballot initiative, advanced by a group of local elected officials who talked big game about recapturing local control from the state. Just two weeks after I wrote my story, they pulled their petitions, with hardly enough signatures to authorize a marriage certificate, much less a statewide proposition. Many planning departments shed veteran staff members following the Great Recession. A new generation of young entry-level planners and progressive mid-career planners are taking over. The same can be said for many city councils too (e.g. Sacramento, Berkeley, Culver City, Emeryville). The YIMBY movement has advanced from the anarchist tendencies of SF-BARF to the remarkably effective lobbying and advocacy efforts of California YIMBY. Richard Close, long hailed as the king of Los Angeles NIMBYs at the improbably powerful Sherman Oaks Homeowners Association, passed away in 2021. His death is both symbolic and substantive. The demise of single-family zoning in cities like Sacramento and Berkeley (pre-SB 9) illustrates a powerful confluence of social justice and housing advocacy. Livable California--an organization that probably seems powerful, forceful, and righteous within the echo chamber of its membership--looks increasingly ineffectual and cartoonish (thanks in part to the insightful and hilarious commentary from their nemesis: microblogger Jordan Grimes ). The State Legislature has passed pr o-housing laws at remarkable rate, with relatively few failures and vetoes (notwithstanding high-profile failures like SB 827 , SB 50, and AB 1401 that, I think, provided cover for more subtle pro-housing laws). The new RHNA process , which, while not perfect , is very real . The attorney general is keeping tabs on cities, calling them out for noncompliance, and threatening to file lawsuits. To widespread dismay, San Francisco Supervisors killed a high-density apartment building that had checked all the planning boxes. That seems like a victory, except for the outcry and derision that it inspired. San Francisco voters may face a ballot initiative in November that would make it harder for the supervisors to deny projects. Most recently, and most dramatically, a homeowner activist in Berkeley won a lawsuit that would have prevented UC Berkeley from building a new mixed-use dorm and, more importantly, forcing it to reduce enrollment. Initially, it seemed like an enormous, potentially devastating win over one of the world's great public institutions. And yet, not two weeks later, the legislation and governor, in an astonishing display of unity and effectiveness, passed a law to negate the lawsuit. Students of Classical history at Berkeley will know this as a "Pyrrhic victory." In short, after NIMBYism went nearly undefeated and scarcely contested for four decades, its losses are piling up. It’s not dead, but it’s sputtering. None of those single events, of course, gives California and its cities free rein to build the 2-3 million units that are needed. But collectively they point to a political shift that, coupled with structural economic and demographic trends, suggest that NIMBYism is not what it used to be—and probably never will be again. Economically, only 54% of housing units in California are owner-occupied, a full ten percentage points lower than the national average. By definition, everyone else rents or borrows (or is unhoused or dependent). Those renters may or may not actively support development. But they are highly unlikely to support the NIMBY agenda. Anyone who aspires to purchase a home is likely to actively oppose it. Demographically, an increasingly small share of California's population benefits from Prop. 13. The primordial Prop. 13 beneficiaries have made out like bandits. And anyone who's purchased a home in the past decade or so is probably sufficiently resentful of the fact that they are paying property taxes that might be, in some cases, many times greater than those of their longer-tenured neighbors. There are two (entirely complementary) ways to cure that: get rid of Prop. 13 or build more housing in order to close the gap between a given property's tax basis and its present-day value. To be candid, the journalist in me is a little upset about the demise of NIMBYism. Conflict makes for good copy. But, while I do not support unbridled development and appreciate many stakeholders' concerns, I think this evolution will, on balance, be good for California and Californians -- at least those who don't own $2 million homes that they purchased for $80,000 and a Bee Gees album. Here's what it means for California planners: they can actually plan.  Even so, planners today are less encumbered than ever before by NIMBY-inspired restrictions. From a political perspective, I think they're going to hear increasingly fewer strident voices of opposition at public meetings in the coming years. Those voices might not be any less loud, but they'll be less numerous. In a democracy, numbers are supposed to matter more than volume. Planners can plan according to best practices rather than political constraints. Granted, some NIMBY-friendly policies and institutions will take a while to catch up with public opinion. CEQA will always complicate planners’ work, and it will always favor the status quo. The state’s funding structure (hello, again, Prop. 13) and the absence of redevelopment authority constrains pro-housing cities. Many new housing laws are byzantine, or will be effective only on the margins. Elected officials will still pursue agendas at odds with those of planning departments.  NIMBYs will still win occasional victories, through clever use of CEQA and political pressure in certain slow-growth redoubts, like the San Francisco Peninsula and Orange County. But they’re also going to lose. Their losses will lead to frustration. But frustration is not policy. And the more time passes, the more evidence will mount that the sky remains intact. SB 9 is not going to destroy neighborhoods. Very few cities will adopt SB 10 ; those that do will not be transformed overnight. NIMBYs will have few arguments and little evidence. As for the NIMBYs themselves, whether they self-identify as such or are de facto fellow travelers, we can only hope that they think carefully about how they want to wield what little power they have left. They can, of course, keep filing lawsuits, badgering planners, and spinning conspiracy theories at Livable California meetings if they want to. (Everyone needs a hobby.) Alternatively, they could accept that the state’s tastes, needs, and demographic composition have changed. they could help ensure that cities change accordingly and for the better, by participating in consensus-building discussions that acknowledge the realities of growth, equity, sustainability, and--yes--livability. California will still need dissenting voices, varying opinions, and civic watchdogs, of course. Many NIMBY advocates could ably and usefully serve those functions without resorting to extremism or antagonism. And they can still enjoy themselves and be thankful for their windfall wealth and tax subsidies. I could be wrong. You never know what the next lawsuit will bring or what odd alliance is going to emerge. But, just as any sensible household needs to plan for retirement, so should the NIMBY movement. It's about time.

  • CP&DR News Briefs April 19, 2022: Federal Zoning Grants; Los Angeles Homelessness; Climate Change; and More

    Biden Proposes Housing Grant Program Discouraging Single-Family Zoning In his budget request for the next fiscal year, President Biden has proposed a $10 billion state and local grant program that would work to roll back single-family zoning laws in order to increase affordable housing accessibility in whiter and wealthier neighborhoods. In place of his previous $1.7 billion plan in the Build Back Better package, Biden's new proposal would boost funding for housing as well as road, water, and sewer updates in communities that change their zoning laws. The program would also provide funding for research and technical assistance to help facilitate zoning changes. First, Biden's proposal must get through Congress, but his attempt to confront racial and economic housing inequities at the federal level is significant. Los Angeles to Spend $3 Billion on Homeless Assistance Los Angeles has committed to spending $3 billion over the next five years to provide housing for up to 16,000 of the city's estimated 41,000 unhoused residents. Beds would be available to those who do not require daily-living assistance. The move comes in response to a 2020 complaint from a coalition of residents that the city consistently fails to care for its unhoused population. While the investment is significant, homelessness experts and advocates are concerned about the tens of thousands of residents who will remain without shelter under this settlement and the reliability of the new shelters. Additionally, many groups hope that Los Angeles will enact policies to alleviate rent burden and reduce homelessness risk. State Assess Impacts of Climate Change The Legislative Analyst's Office released "Climate Change Impacts Across California," one report in a series that considers the existing and impending danger of rising temperatures, severe wildfires, more frequent and intense droughts, precipitation that leads to exaggerated flooding, and coastal flooding and erosion form sea-level rise. The report suggests several risks to California's residents and economy, including short- and long-term impacts and permanent changes that make current activities impractical. Researchers also note that burdens will disproportionately affect low-income communities and communities of color in terms of heightened risks and reduced access to economic resources to respond to climate disasters. The report lastly identifies the need for government coordination, more information to guide actions, prioritization of vulnerable populations, and state-level financial assistance. Long-Awaited Bus Line Opens in San Francisco After decades of planning, six years of construction, and a $346 million price tag, San Francisco has introduced its bus rapid transit along Van Ness Avenue, one of the city's oldest, widest, and most congested corridors. Twenty-seven years after the project was first proposed, the city has its first BRT, which features nine north-south stops along a 2-mile section of Van Ness. The Municipal Transportation Agency has suggested that riders will see a 32% reduction in travel times because transit will be separated from car traffic. More benefits include medians with recently-planted trees and public art. SFMTA expects to see a sharp increase in ridership on the 49 line and hopes that, once Muni operators have adjusted to the BRT, riders can travel between Union and Market Street in 15 minutes. San Diego County Falling Short of Carbon Goals San Diego County is far from meeting its carbon reduction goals, according to a study conducted by the Energy Policy Initiatives Center at the University of San Diego. Last year, officials requested a regional report to analyze if current climate policies would allow San Diego to reach net-zero emissions by 2035. The study determined that much larger action on transportation and building and policies that would meaningfully change the way residents work and live are required. Climate action must also meet more impactful social equity and regional collaboration goals through improved support for policy success, outreach to stakeholders, and data collection and tracking methods. Report Touts Potential of Off-Site Housing Construction A report from UC Berkeley's Terner Center for Housing Innovation, "Scaling Up Off-Site Construction in Southern California," analyzes the existing parameters of regional off-site construction, primarily specific to multifamily, affordable, and supportive housing, and identifies the significant roles of various industry stakeholders in advancing off-site housing production. Graduate student researcher Tyler Puller concludes that, though the last decade has seen an increase in off-site construction in order to meet housing demands, reduce costs and waste, and increase energy efficiency and construction quality, factory production must be more stabilized, and funding must be more achievable for off-site development to make a significant impact. Additionally, off-site producers, housing developers, nonprofits, and local and state governments all have a role in fostering off-site construction for affordable housing development. CP&DR Coverage: Cities Play Long Game on Sea Level Rise Though the most dire effects of sea level rise may still be a long way off, cities are, slowly, beginning to account for the threat in their plans. As of yet, the state does not require coastal cities to account for sea level rise in their general plans, although the “State Agency Action Plan for Sea Level Rise,” released in February, calls for cities to include sea level rise in their Local Coastal Plans and/or general plans starting in 2026. And cities can expect OPR to issue further guidance according to 2018’s SB 1035, which calls for cities to incorporate sea level rise into their safety elements and then to update those plans every eight years. SB 1035 builds on 2015’s SB 379, which requires cities to account for all types of hazards related to climate change in their safety elements or local hazard mitigation plans. Quick Hits & Updates A campaign in support of a San Francisco affordable housing measure that could end up on the November ballot has begun, with housing advocates and elected officials responding to the Board of Supervisors' rejection of a measure proposed by Mayor London Breed in January. The Affordable Homes Now measure would accelerate the approval process for new projects. The Berkeley Planning Commission voted , 5-4, to endorse a zoning change that increases the height limit for new BART housing on top of parking lots at two stations from 7 to 12 stories. This would increase the maximum number of housing units from 2,400 to 3,600. Amazon is shifting plans to build five new warehouses in the Bay Area due to criticism from labor unions and environmental groups that they would bring unjust jobs and pollution from vans and trucks. While unclear what the next steps will be, the company has either withdrawn, delayed, or modified its plans, in tandem with San Francisco's 18-month moratorium on Amazon delivery stations. A judge will not block a San Francisco ordinance that permits some small businesses to not pay rent due to pandemic-induced shutdowns, allowing the ordinance, unanimously approved by supervisors last July, to move forward despite pushback from property owners. The Strategic Growth Council is accepting applications for community-led infrastructure projects interested in receiving a portion of the $106.2 million in funding available as part of Round 4 of the Transformative Climate Communities Program. These developments should center environmental, health, and economic benefits for underserved communities. The Seaport Planning Advisory Committee, which oversees the protection of San Francisco Bay, has recommended that the San Francisco Bay Conservation and Development Commission choose to devote the Howard Terminal waterfront for maritime use, not for the proposed $12 billion mixed-use ballpark development. While not a requirement, the suggestion could severely impact or terminate the project. San Francisco restaurants and bars that introduced parklets during the pandemic will not face enforcement fines established by the city until the spring of 2023 as declared by an ordinance passed by the Board of Supervisors. Exceptions for abandoned parklets and for accessibility requirements are in place. The Great Redwood Trail Agency acquired a 200-mile segment of a rail corridor between Marin and Humboldt counties, helping a proposal to convert the route into a recreational trail for pedestrians, hikers, and bicyclists advance. The trail would eventually reach 320 miles through redwood forests, hills, and rivers. While the City of Los Angeles has responded to a lawsuit from the L.A. Alliance for Human Rights by pledging to spend billions of dollars on new housing, Los Angeles County is pushing back, stating that the lawsuit has "no merit." The Alliance's goal is for the city to construct shelter for 60% of the unhoused population, and the city has committed to providing 14,000 to 16,000 beds. The West Oakland Environmental Indicators Project has sued the Port of Oakland, maintaining that its open-air sand and gravel plant, which is currently under construction, will add air pollutants, harming nearby residents' health. The environmental group hopes that construction will halt, though port officials declined to comment on the lawsuit.

  • Cities, Counties Get Ready To Deal With Sea Level Rise

    The National Oceanic and Atmospheric Administration released a report in February confirming, based on data collected in 2017, that the ocean is likely to rise 9 inches along the California coast by 2050 and up to 6 feet by 2100. As if on cue, a piece of Antarctica’s Conger widely described as “larger than New York City” broke away last month and is now drifting in the Davis Sea. If and when it melts and lends its full mass to the world’s oceans, California will lose just that much more coastline.

  • CP&DR News Briefs April 12, 2022: L.A. County Fire Hazards; Oakland Stadium Lawsuits; SB 9 Implementation; and More

    Los Angeles County to Limit Development in Fire Hazard Areas The Los Angeles County Board of Supervisors adopted a new Safety Element Update to the county’s general plan, which will limit new development in wildfire hazard zones, reducing regional risk as California braces for what could be another intense fire season. The update restricts new subdivisions in very high fire hazard severity zones and prohibits amendments that would increase residential density in fire- and flood-prone areas to reduce risks to people, property, and wildlife. County officials are celebrating the move to reduce sprawl and minimize construction of new power lines and electrical equipment that are frequently responsible for wildfires. The update will complement the Housing Element to provide safe, affordable housing while protecting natural habitats. (See related CP&DR coverage .) Proposed Oakland  Stadium Faces Two Lawsuits Union Pacific and a coalition of Port of Oakland shipping companies, truckers, and other workers have filed two separate lawsuits against the city and the Oakland A's in Alameda County Superior Court over their proposed Howard Terminal ballpark and mixed-use development. While UP's lawsuit maintains that the project's environmental analysis does not adequately address the impact of a rise in vehicles, bicycles, and pedestrians that would cross UP's tracks near the project, the coalition suggests that the report fails to consider how the new site would disturb cargo transportation. According to a law passed several years ago, the lawsuit must be resolved within 270 days of the project's approval. UP is demanding a specific plan to reduce rail, vehicle, and pedestrian conflicts and minimize congestion. State Provides Guidelines for Implementation of "Duplex Law" The Department of Housing and Community Development released a fact sheet on Senate Bill 9--the "duplex law"--intended to clarify expectations for local agencies, homeowners, and other stakeholders who are implementing the new law. The sheet reviews key aspects of SB 9 and answers frequently-asked questions. The release comes in response to complaints that the Housing Accountability Unit has received from 29 jurisdictions about SB 9. The department is investigating violations of SB 9 that may extend to violations of the Housing Element Law, Housing Crisis Act of 2019, ADU Law, and Housing Accountability Act, over which the HCD can enforce, alongside Attorney General Rob Bonta. State Releases Climate Adaptation Strategies California released its Climate Adaptation Strategy in response to the U.N. Intergovernmental Panel on Climate Change and a new snow survey that reported that the statewide snowpack dropped to 38 percent. The strategy is intended to improve resilience efforts by outlining priorities for protecting vulnerable communities, the environment, and the state's economy. Primary concerns include public health initiatives, a climate-resilient community, nature-based solutions, and coalition building. The strategy is innovative in providing success metrics and timeframes for nearly 150 actions. A copy of the document will be available as an interactive webpage to increase access to information that will be updated as progress occurs and new data emerges. CP&DR Coverage: Attorney General Calls Out Housing Elements Attorney General Rob Bonta has become increasingly aggressive on the planning housing front in the two weeks, warning two cities for allegedly violating state housing law and calling one county’s general plan to account on environmental justice issues. Most of the actions are the result of the “housing strike force” that Bonta created last November. At the time, he called housing “a fight I won’t back down from” and announced action to protect tenants’ rights as well as enforce state housing law. Two of Bonta’s warnings have been aimed at cities that have sought to make expansive use of the exemptions contained in SB 9 – the so-called duplex law – to shield themselves from the law’s impact. Quick Hits & Updates  The Sacramento Republic FC released renderings for a proposed 12,000 to 15,000 seat outdoor stadium at the Railyards, which would double the size of downtown Sacramento. The $1 billion venue would host not just soccer events but Division 1 football, lacrosse, rugby, concerts, graduations, and other events and bring more housing. A San Diego Housing Commission report that studies citywide affordable housing and proposes strategies to maintain affordability has won an Award of Excellence from the National Association of Housing and Redevelopment officials, which awarded 18 housing and community development projects nationwide. Oakland's universal basic mobility pilot program , which was introduced in November 2020 and provided 500 residents with prepaid debit cards to use for public transit, scooters, and bikes, has succeeded in making transit more accessible for low-income residents and residents of color, according a recently released evaluation. Additionally, residents stated that they drove alone less often and rode public transit more. Los Angeles city officials have approved entitlements to build a $1.6 billion housing, hotel, and retail development called Angels Landing. The highest tower would reach 63 stories, and the project is headed for completion before 2028, with environmental approvals and affordable housing and labor deals already secured. Three tenants won their lawsuit against Caltrans, who imposed an "inflation-adjusted price" on low-income tenants who wanted to buy their homes. The ruling will impact all 450 homes that Caltrans seized to build a defunct 710 Freeway extension. While the San Francisco Municipal Transportation Agency is sticking to its September 9, 2022 Revenue Service Date for the Central subway to Chinatown, a leaked report suggests that the opening will likely be delayed until December or into the following year. The original opening date was in 2018. A 312-unit Newport Beach development will move forward after a judge upheld the city's environmental review process and rejected claims from developer Olen Properties Corp. that the city failed to consider noise, traffic, and air pollution burdens. The developer owns a 10-story office structure next to the proposed complex. Gen Z renters are highly attracted to the San Francisco and San Jose metros, according to data from real estate consulting firm Yardi Matrix. Interest largely grew in the second half of 2021, as COVID-19 restrictions eased.

  • Can Conserving Land Be An EIR Alternative?

    Here’s a new one on the California Environmental Quality Act front: An appellate court has ruled that the environmental impact report for a Livermore development project – a project approved by the city council in that notoriously slow-growth city – was inadequate because it didn’t consider the possibility of purchasing the property for conservation.

  • AG Targets Cities, Counties Over Housing

    Attorney General Rob Bonta has become increasingly aggressive on the planning housing front in the two weeks, warning two cities for allegedly violating state housing law and calling one county’s general plan to account on environmental justice issues.

  • CP&DR News Briefs April 5, 2022: SB 9 Lawsuit; Noncompliant Housing Elements; Housing Grants; and More

    Cities File Lawsuit to Undo SB 9 'Duplex Law' Four mostly suburban cities in Los Angeles County have filed suit against the state to block provisions of recently adopted Senate Bill 9. The bill legalizes lot splits and the development and redevelopment of duplexes in areas currently zoned for single-family homes. The cities of Carson, Redondo Beach, Torrance, and Whittier have asked a court to find provisions of SB 9 in conflict with the state constitution. As reported in The Real Deal, Carson Mayor Lula Davis-Holmes said SB 9, “takes away the power of cities to respond to the housing crisis in meaningful and practical ways that will best suit the unique circumstances facing each local community.” The petition claims that SB 9 will raise land values, thus increasing housing costs, and faults the law for not requiring affordable units. The suit comes on the heels of the postponement of the "Our Neighborhood Voices" ballot initiative, which would have overturned SB 9, and limited other state land use authority, via voter proposition. Redondo Beach Mayor Bill Brand was one of the sponsors of that initiative. (See related CP&DR coverage .) Attorney General Calls Out Encinitas, Fresno County Housing Elements The City of Encinitas and Fresno County are facing heat from Attorney General Rob Bonta, who has warned both jurisdictions, separately, that their alleged failures to prioritize equitable housing violates state law. In a letter to Encinitas, Bonta wrote in support of a 277-unit complex in a wealthy neighborhood and noted that the state would take legal action if Encinitas did not move faster to approve more housing. Further inland, Bonta notified Fresno County leaders that their General Plan acts against environmental justice and equity and probably violates the Fair Employment and Housing Act. The county has a plan to build new industrial developments in Malaga and Calwa, two neighborhoods that already face high pollution levels. Bonta and his Housing Strike Force have threatened lawsuits if the city and county do not take action. (See related CP&DR coverage .) HCD Releases $220 Million in Grant Funding for Housing A total of 20 affordable multifamily housing developments will have access to $220 million in funding from the Department of Housing and Community Development. The HCD's Multifamily Housing Program will prioritize the preservation and construction of new affordable homes, both transitional and permanent, for low-income households. The move is in response to a particular undersupply of affordable multifamily housing, which, with high rents and home prices, is increasing housing inaccessibility and cost burdens. The HCD has identified 20 projects across 12 counties for funding, including seven in Los Angeles, three in the Bay Area, two in El Dorado, and one each in San Diego and Nevada counties. CP&DR Coverage: Auditor Questions Housing Allocation Methodology The state Auditor’s Office has called on the legislature, the Department of Housing & Community Development, and the Department of Finance to clarify the methodology for establishing housing targets as part of the Regional Housing Needs Assessment process. In particular, the Auditor highlighted the need for methodological clarity for two factors that play an important role in setting the overall target: the overall vacancy rate and the household formation rate. The auditor did not specify what methodology should be used or speculate whether a different methodology would increase or decrease the target but said some legislative changes are needed and both HCD and DOF should engage in more rigorous analysis. Quick Hits & Updates More than half of Californians are worried about paying for housing costs, according to a study from the Public Policy Institute of California. Within the 55% of concerned Californians, 26% are "very concerned" about paying rents and mortgages, and rates increased for low-income residents and renters. Palo Alto is considering a plan to expedite the process of registering about 130 homes as historic, which would disallow homeowners from splitting lots under SB 9. Many have expressed disapproval, noting that this is yet another attempt from a wealthy community to restrict affordable housing. (See related CP&DR coverage .) Next fall semester, UCLA will open two new apartment buildings with 3,446 beds, making the school the only University of California campus to ensure housing for four years to first-year students and two years to transfers. UCLA, unlike other universities, has avoided neighborhood litigations by constructing new housing within its existing campus. The office of Los Angeles City Attorney Mike Feuer is suing online vacation rental company HomeAway for failing to adhere to home-sharing policies. Feuer says that HomeAway did not issue valid registrations for nearly 30% of property transactions between a one-month period and suggests that the company has made thousands of illegal transactions. The California Endowment, a Los Angeles-based charitable foundation, filed a writ of mandate intended to prevent L.A. Metro from fast-tracking a proposed aerial gondola system to transport fans from Union Station to Dodger Stadium. The endowment, whose offices are next door to Union Station, cited concerns about gentrification. Port Hueneme residents will be able to voice their opinion on whether or not the city should change its name during two public meetings before the city council votes on adding a measure to the November ballot. In the meetings, city officials will present on the pros and cons of a name change, and the public can suggest ideas for new names, including the popular "Hueneme Beach." The Richmond City Council has rejected a proposal to build 1,450 homes and 400,000 square feet of commercial space on a 270-acre portion of the city's shoreline. The decision comes after decades of debates and lawsuits over the housing and environmental impacts of developing the Point Molate peninsula. The City of Ontario has approved the conceptual plan for a 370-acre green space that is 10 times bigger than its current largest park. The Great Park will expand horizontally across 3.5 miles on vacant land that used to hold dairy farms and nurseries.

  • CP&DR Vol. 37 No. 3 March 2022

    CP&DR Vol. 37 No. 3 March 2022

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