L.A. Metro did not violate the California Environmental Quality Act or engage in inverse condemnation by building the “regional connector” light-rail project near the Bonaventure Hotel in Downtown Los Angeles by using cut-and-cover construction rather than boring a tunnel.

The City of Burbank has settled an SB 35 lawsuit with a developer over a controversial housing project near an equestrian area. But another lawsuit from YIMBY California is still outstanding, as is the Department of Housing and Community Development’s Notice of Violation, and it remains to be seen how those situations will play out. The situation could set up a clash between the developer and local neighbors, who have reached an agreement, and HCD and YIMBY activists, who might hold out for SB 35 approval of the original project as a matter of principal.

Aside from the recently signed  Assembly Bill 2097 , which bans mandatory parking requirements near transit stations, nothing coming out the legislature this year has captured the planning public’s imagination like AB 2011 and SB 6 – two new laws that will override local zoning to permit residential development on all commercial properties in California.

San Diego Overhauls Neighborhood Planning Groups The San Diego City Council approved reforms intended to improve diversity and organization within 42 neighborhood planning groups, but the move is facing mixed responses. Moving forward, community groups will no longer be able to appeal development approvals without a cost, and developers will be "encouraged" to meet with groups but not required. The reforms face support from those who say that they will meaningfully increase inclusivity by setting more severe term limits and involving more renters and people of color. While supporters also say that this will make it easier to approve dense housing developments, opponents claim that increasing requirements will become a burden to planning groups, reducing their power. State Releases Updated Housing Dashboard The Department of Housing and Community Development (HCD) released updates to its Statewide Housing Plan Dashboard and Affordability Calculator that will improve the public's ability to navigate housing conditions. The new dashboard includes updated data from Census Bureau surveys. Now, researchers, elected officials, and the general public will more easily be able to analyze data on household demographics, housing needs, median home value and rents, and housing production. The HCD has also released an updated Housing Affordability Calculator for local governments to report on the lowest income category for which a unit would be affordable based on the year built. Study Measures Acceleration of Coastline Erosion Sea level rise and shoreline erosion is accelerating along the coast, with California's northernmost counties experiencing the fastest crumbling, according to a new study from UC San Diego's Scripps Institution of Oceanography. According to the researchers, Humboldt Bay and Del Norte County include the most affected locations. Cliffs accompanied by sandy beaches have tended to erode the fastest due to coarse materiality of sand. The authors suspect that more rainfall and larger waves may be responsible for causing more erosion in the north compared to Southern California. However, the entire coast saw an average loss of 2 inches annually between 2009-2011 and 2016, a figure that includes major outliers such as a 16-foot loss in Martin's Beach and Big Sur. (See related CP&DR coverage .) Los Angeles County Settles Homelessness Suit; Commits $236 Million Los Angeles County officials have committed to spending hundreds of millions of dollars on the housing and homelessness crisis in a settlement agreement to put legal challenges from the LA Alliance for Human Rights to rest. The original lawsuit argues that city and county officials have failed to care for unhoused residents and have consequently put them at constant risk. Through 2027, officials intend to spend $236 million on outreach, permanent and temporary housing, and more services such as case management, physical and mental health support, and childcare. This funding supplements the $530 million for homelessness spending approved by voters in 2017 raised using a sales tax. California Cities Lead Nation in Cost Burden for Residents In SmartAsset's sixth study on nationwide housing inaccessibility, Glendale, Los Angeles, and Anaheim were all included among the top ten most severely cost-burdened cities. Glendale ranked first for the highest percentage of households who spend at least 50% on housing, with 31.08% of its households severely cost-burdened. Nationwide, renters tended to be more burdened than homeowners are, and 37.77% of Glendale renters were reported to face this challenge. Renters in San Bernardino, Santa Clarita, and Moreno Valley were also some of the most cost-burdened. Los Angeles came in fifth for all households, though homeowners were more burdened than renters. In addition to New York and Florida, California had some of the highest percentages of cost-burdened residents. CP&DR Coverage: California APA Conference CP&DR writers attended the conference of the California Chapter of the American Planning Association October 1 through today in Anaheim. Bill Fulton analyzed the expected impacts of the two major new laws to facilitate conversion of commercial properties into residential, AB 2011 and SB 6 . Josh Stephens mused on the significance of holding an urban planning conference across the (very wide) street from an institution famously dedicated to fictional built environments -- and to making piles of money along the way. Earlier this week, CP&DR ran an interview previewing one of the conference's spotlight panels, a discussion of the legacy of "sundown towns" in California. Thanks to everyone who chatted with us, shared story ideas , and stopped by our exhibit table. Quick Hits & Updates Oakland officials intend to return five acres of land currently owned by the city to Indigenous peoples who have long lived around the East Bay. The city will continue conversations with the East Bay Ohlone Tribe, Confederated Villages of Lisjan Nation, and Sogorea Te' Land Trust in the transfer process. A revised redevelopment plan for the Oceanside Transit Center includes a hotel, hundreds of housing units, retail spaces, offices, and nearly 1,800 parking spaces. The center would serve Amtrak, commuter, light-rail, and Metrolink trains as well as buses. U.S. Rep. Judy Chu from Pasadena presented a nearly $1 million check to the nonprofit group Nature For All to enable people to visit Angeles National Forest using public transit. While the only way to reach the green space right now is by car, this plan would allow visitors to use a van or bus service that starts from the Metro L (Gold) Line in Pasadena. Mountain View officials have committed to ensuring that rent-controlled apartments set to be demolished for new rental units are replaced with housing that remains "naturally affordable." While this policy already applied to renters making less than 80% of the area's median income, apartments will now be deed restricted across the board to ensure affordability instead of increasing rental rates. IDS Real Estate purchased the 63 acres of land that encompasses Irwindale Speedway. The new developer has plans to redevelop the speedway into an industrial park due to its location near transportation arterials and the regional transportation network. Metro will open Los Angeles's Crenshaw/LAX rail (K) line on October 7, three years behind schedule and with free rides for that entire weekend. The line runs eight and a half miles and will eventually reach LAX and the South Bay, though construction delays have set back that route until 2026.

CP&DR Vol. 37 No. 9 September 2022

With the possible exception of the ill-fated SB 50 , no land use bill in memory has gotten as much attention as AB 2097, Assemblymember Laura Friedman’s bill to remove parking requirements near transit stations. The Los Angeles Time s editorialized about it. The national magazine Governing wrote about it . Pro-housing twitter went nuts. On Facebook, the bill was celebrated as the crowning achievement in the distinguished career of parking guru Don Shoup.

Supreme Court Won’t Hear RHNA Case

Governor Signs Bill Striking Down Many Parking Minimums In a move eagerly anticipated by advocates of both housing and active transportation, Gov. Gavin Newsom signed AB 2097, legislation authored by Assemblymember Laura Friedman and co-sponsored by California YIMBY, which significantly restricts cities' ability to impose parking minimums on new developments statewide. Parking minimums will no longer be allowed for housing, retail and other commercial developments within a half-mile of major public transit stops. Developers may still provide parking voluntarily. The law is intended, in part, to reduce the costs of development and to encourage residents and commercial patrons to travel without cars. “California has a severe housing shortage, not a parking shortage,” said Brian Hanlon, CEO of California YIMBY, in a statement. “AB 2097 is landmark legislation – it prioritizes affordable housing for people while eliminating costly parking mandates that are a significant cause of climate pollution in our state.” (See related CP&DR coverage .) Attorney General Supports Ventura County's Efforts to Protect Residents from Oil Wells Attorney General Rob Bonta filed an amicus brief in defense of Ventura County's 2040 General Plan, which includes a number of policies to protect the health and safety of communities who live, work, or go to school near oil and gas sites. Ventura is one of California's top oil and gas producing counties, and the majority of its wells are located in or near low-income communities and communities of color. While several fossil fuel companies, industry lobbying groups, and labor associations have filed lawsuits against the county's General Plan, Bonta's brief argues that the plan is essential for providing protections against toxic oil and gas drilling pollution. Susanville Loses CEQA Challenge to Impending Prison Closure A judge dismissed a CEQA-based legal challenge filed by the Lassen County town of Susanville keep its Correctional Center open, allowing the state Department of Corrections and Rehabilitation to move forward with closing the Northern California prison. Originally, state officials hoped to shut down the prison by June 30, 2023, but local lawmakers stalled the process out of economic concern that the town would lose over 1,000 prison jobs, which makes up about 45% of Susanville's employment. The town argued that the state violated CEQA by failing to consider the prison closure's potential environmental impacts. Roughly 45% of the town's population is employed by the prison. Ultimately, the court's decision did not hinge on CEQA; the court cited a recently passed law that exempts the closure of prisons from CEQA review. CP&DR Coverage: The (Positive) Legacy of the Internal Combustion Engine Gov. Gavin Newsom's recent order, devised in collaboration with the Air Resources Board, to ban the sale of gas-powered cars by 2035 promises to do wonders for the state's air quality and its contribution to the world's carbon emissions. While environmentalists may bid gas motors good riddance, urbanists should take a moment to appreciate their impact on major statewide policies that promote urban density and alternative transportation. Bills such as SB 375 and SB 743 were devised in order to reduce measurable GHG emissions -- with the collateral benefit of making cities more pleasant and liveable. California's planners must continue their work in that spirit, writes CP&DR's Josh Stephens, even when tailpipe emissions are a thing of the past.  Quick Hits & Updates Four "New Community Study Areas" included in San Benito County's 2035 General Plan as sites for commercial and residential developments will now be eliminated following a unanimous vote from the county's Board of Supervisors. They also intend to approve an urgency ordinance that would prohibit housing construction in these areas until the amendment is added. A revised redevelopment plan for the Oceanside Transit Center includes a hotel, hundreds of housing units, retail spaces, offices, and nearly 1,800 parking spaces. The center would serve Amtrak, commuter, light-rail, and Metrolink trains as well as buses. An independent report commissioned by the Menlo Park City Council has clarified that, if passed, a 2022 ballot measure would result in obstacles to affordable and teacher and staff housing. The report also found that Measure V would further racial and economic segregation and put the city at legal risk by limiting affordable housing construction. Berkeley residents will vote on three measures aimed at tackling the housing crisis and inadequate infrastructure. The most expensive initiative is a $650 million bond measure that would raise money for housing, infrastructure, and climate projects while also minimally increasing property taxes. Environmental activist and Coastal Commissioner Sara Wan  passed away earlier this month. Wan was a passionate and dedicated advocate for the protection of the coast, its habitats, and its accessibility to the larger public. Redlands' nine-mile Arrow line will soon be open for ridership. If train testing and training goes well, residents may begin to ride the new line between the University of Redlands and San Bernardino Transit Center this fall. (See related CP&DR coverage.) Some major U.S. cities, including Los Angeles and San Francisco, are seeing out-migration slow down following dramatic trends of people leaving for other locations. Researchers suggest in-person work and increased unaffordability in previously cheaper cities may be responsible. The Palmdale Planning Commission approved updates to the city's General Plan, which stresses the creation of "20-minute neighborhoods," where residents have quick access to jobs, transit, goods, services, and green spaces. The updates are awaiting approval from the city council. The Air Resources Board has released a recirculated environmental analysis for the Draft 2022 Scoping Plan Update, which focuses on essential steps for achieving carbon neutrality. The draft environmental analysis studies the impacts of implementing the Scoping Plan and is available for public commentary until October 24, 2022.

CP&DR is pleased to be a media sponsor of and participate in this year's  conference of the California Chapter of the American Planning Association, held October 1-4 at the Anaheim Marriott and online. It will be the first major gathering of California planners since the ebbing of the pandemic, and APA is excited to celebrate with the theme of "Celebrating CommUNITY."

Pismo Beach violated the Mitigation Fee Act by charging a self-storage facility more than $1 million in water fees, an appellate court has ruled.

In the latest twist in one of California’s longest-running development battles, the Santee city council has used an urgency ordinance to – once again – approve the Fanita Ranch project and keep it off the ballot this fall.

San Diego Chooses Developer for 4,000-Unit Redevelopment of Sports Arena After San Diego Mayor Todd Gloria chose which developer he wanted to handle the city's Sports Arena 48-acre site redevelopment, the city council approved his selection, allowing the project to move forward. The winning team is Midway Rising, led by San Diego-based Zephyr Partners. The plan includes bringing over 4,000 housing units, 20 acres of open space, and a new arena to the Midway district. The decision remains riddled with controversy since the development team, which outcompeted two other groups, submitted a donation to a committee in support of Gloria's mayoral election two years ago. There are also multiple lawsuits and allegations about wage theft surrounding the developer. In its confirmation, the city council included a requirement that an independent budget analysis be a part of negotiations between city staff and the developer. A previous development deal was scuttled a year ago over concerns that it violated the Surplus Lands Act. (See related CP&DR coverage .) Santa Barbara County to Sue University over Shortage of Housing Santa Barbara supervisors will sue UC Santa Barbara over its housing shortages that have impacted students, faculty, and staff. County officials maintain that, as the university continues to increase its class sizes, it has failed to address its existing housing limitations and violated the 2010 UCSB Long Range Development Plan Mitigation Implementation and Settlement Agreement. While the university has proposed new housing, a lack of timeline and action provoked legal action. This lawsuit follows one filed eight months ago by city officials in Goleta against the university for the same reasoning. Housing shortages have forced UCSB to place students in Goleta hotels, and some students have slept in their cars when they couldn't find housing. The move is yet another example of recent tensions between University of California campuses and their surrounding communities over development of housing. (See related CP&DR coverage .) Two Housing-Related Measures to Appear on San Francisco Ballot San Francisco voters will consider two competing housing measures on the November ballot after a judge ruled against a nonprofit's attempt to keep one initiative off the ballot. The Housing Action Coalition, which, alongside Mayor London Breed, supports Proposition D, submitted a lawsuit to prevent voters from considering Proposition E, submitted by the city's Board of Supervisors. While both options encourage affordable housing development, Prop. D fast-tracks the approval process for developers and does not require Board of Supervisor approval for 100% affordable housing projects on public land. Prop. D supporters say that Prop. E will just complicate the process, leading to less housing, while opponents say that Prop. D serves developer interests and may not ensure true affordability. Developer Leads Ballot Initiative for San Bernardino County to Secede from California Following a suggestion from San Bernardino County developer Jeff Burum that the county should secede from California due an unfair allocation of resources and mandates, local voters will voice their opinion on the matter. The Board of Supervisors unanimously approved an initiative that places the option to request that officials study funding and the potential of secession on the ballot. While more vocal advocates of secession have floated around "Empire" as the name for the new state, some board members have clarified that they do not support secession but rather want to understand whether or not San Bernardino receives a just amount of funding considering a portion of inland residents believe that coastal cities collect more than their fair share. Several Counties Announce Transportation-Related Ballot Initiatives Voters throughout the state will have an opportunity to give their opinion on tax initiatives on the November ballot that would raise funding for many road- and highway-centric projects. In Fresno County, voters may again face Measure C as they choose whether or not to renew a half-cent transportation tax. Estimated to raise $6.8 billion, the tax would not fund public transit or bike route improvements as much as it would promote road and highway construction. Madera County voters could face a similar decision as they determine the fate of Measure T, another half-cent transportation tax that would be renewed to largely fund road construction. Lastly, Tuolumne County residents will choose if they want to incur a 1% sales tax increase that would fund fire, police, and road services. CP&DR Coverage: Legislature Embraces New Approaches to Housing Production After several years of feverish work to promote housing, the legislature was expected to make relatively modest moves this year. Instead, several major bills now sit on the governor's desk. They include major reductions in parking requirements statewide and regulations to ease conversion of commercial properties to residential and mixed use. Why? First, housing advocates (primarily Democrats) advanced several major bills, including some strategies untried in previous years. Second, those bills essentially sailed through the legislature, with few no votes and little discernible rancor -- at least between the usual pro- and anti-development factions. Quick Hits & Updates Caltrans released its first quarterly update on the implementation of its Complete Streets Action Plan. According to the tracker, 23.5% of initiatives are complete, 64.7% are in progress, and 11.8% have not yet been started. Caltrans shared updates to its separated bikeways design guidance and the implementation of complete streets in maintenance projects as some of its successes. A recent study from UC Berkeley reveals that the Bay Area's largest cities and downtown areas continue to face economic and social hardships brought on by the pandemic. The researchers suggest that cities may need to reimagine their plans for downtown to accommodate new norms. A new study from the Gender Equity Policy Institute reports that women, especially Black, Latina, and Indigenous women, are more often rent burdened than men. The institute's policy recommendations include targeted assistance for single parent, low-income, and elderly households; increased affordable housing construction, and incorporating a gender lens in policymaking. The Department of Housing and Community Development has issued its approval of Redondo Beach's 2021-2029 General Plan Housing Element. In its third try, city officials have chosen to concentrate most of the required 2,490 housing units in North Redondo. The Biden administration announced the winners of a $1 billion Build Back Better Regional Challenge, including the Central Valley Community Foundation. The organization's Fresno-Merced Future of Food project will receive $65.1 million to improve agricultural technology and skills. The American River watershed is likely to see extreme annual depletion due to climate change unless officials improve conservation and water-storage projects, according to a report from the U.S. Bureau of Reclamation. The basin, which supplies much of Sacramento's water, could see annual shortfalls of 78,000 acre-feet, which would require an increase in groundwater pumping by 155,000 acre-feet. An undisclosed buyer has purchased the Westfield Santa Anita shopping mall for $537.5 million, the most expensive mall sale in the United States since 2018. The owner of Westfield malls plans to sell all United States malls by 2023. Following a 3-2 vote by the Board of Supervisors, Los Angeles County plans to lift the eviction moratorium instated to lessen the destructive economic impacts of the pandemic. Officials claim they will ensure that tenants and landlords have access to resources as they phase out renter protections.