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SB 9 and SB 10 got all the big publicity out of this year’s legislative session – but Gov. Gavin Newsom signed almost 30 other bills about housing this year. And most of them have one thing in common: They further constrain the ability of local governments in California to restrict new housing development. And they continue the accelerating patterns of housing reform we have seren in the last few years.

Fresno Mayor Vetoes Plan to Loosen Construction Labor Rules Fresno Mayor Jerry Dyer vetoed an agreement passed by city council that would allow union workers and apprentices to build more construction projects in the city because he believes it excludes local workers. City council approved the agreement 6-1, and overriding the Dyer's veto will require five affirmative votes, which are likely to materialize. The original agreement formed between Fresno, Madera, Kings, and Tulare Building and Construction Trades Council regarding projects costing over $1 million. It gives priority to workers who are women, veterans, and from underserved communities and is intended to restore the city's middle class by encouraging apprentice programs and good-paying jobs with good benefits. The mayor said he would support the agreement if it concentrated on local businesses and hiring practices. S.F. Supervisors Nix Micro-Unit Apartment Proposal In a decision symbolic of longstanding debates over market-rate versus affordable housing in San Francisco, a 316 micro-unit group home development in Tenderloin will not move forward after the San Francisco Board of Supervisors rejected the plan. They argued that the micro-units would not help house families with children but cater to workers as a temporary residence. The project, led by Fifth Church of Christ, Scientist with builder Forge Development Partners, would have destroyed an existing building to give rise to the 13-story development that, in its proposal, included a church with a Christian Science reading room on the second floor. Some pro-housing advocates were in support of the proposal, but other local groups believe that the Tenderloin neighborhood does not have enough larger units with full kitchens and private bedrooms to house families, for which the project was previously intended until Forge took over. Merced Adopts Housing Plan Amid Rising Prices in Central Valley After a long discussion between city council members, staff, and local residents, Merced City Council established a broad plan to tackle the area's affordable housing crisis, though the final plans did not include more specific policies like inclusionary zoning and ways to enforce affordable housing construction advocated for by the public. Over recent years, Merced officials have argued for building more low-income and multi-family units, but only 21% of all city permits over the past decade have been for multi-family developments, and no affordable housing projects have been built since 2014. Their new proposal includes updates to the city's general plan and zoning code, becoming a "pro-housing" community, encouraging affordable-by-design standards, achieving quotas set in the RHNA, and streamlining building permit processes. (See related CP&DR coverage .) Backlash Against Accessory Units Arises in San Diego Some San Diego officials are considering rolling back recent policy changes that have made it much easier for property owners to construct additional dwelling units on their single-family lots due to increasing opposition from residents who believe it will destroy neighborhood character. Councilman Sean Elo-Rivera has suggested policies that will make ADUs more accessible to low-income tenants, prevent investors from capitalizing off of ADUs, amend parking restrictions, and ensure trees removed to build ADUs are replaced. Opponents, however, are still concerned that his proposals do not include removing density bonuses, which allow property owners to build more ADUs if they implement rent restrictions on one of them. Proponents of ADUs, meanwhile, believe that simplifying the construction process will help confront the housing crisis, and Elo-Rivera's approach is an overreaction. CP&DR Legal Coverage: Reversal Confirms Huntington Beach's Violation of Housing Accountability Act In a significant win for housing advocates, an Orange County judge has reversed her previous ruling, saying that Huntington Beach actually did violate the Housing Accountability Act in rejecting a 48-unit condominium building just off Beach Boulevard. The judge reversed herself after an appellate court ruling from the City of San Mateo – in a lawsuit brought by the same plaintiffs, the California Rental Legal Advocacy and Education Fund, or CaRLA – clarified what local governments must do to comply with the “objective standards” requirement in the law. (See related CP&DR coverage .) Quick Hits & Updates While San Jose's " urban village " strategy for redeveloping the city into many villages with tall buildings that incorporate housing, retail stores, and offices was intended to promote job and housing growth, only 13 out of 60 blueprints have been approved over the past decade, and residents frequently commute to other cities for work. Many suggest that the rules of creating urban villages, including pairing housing production with office spaces, is driving development to other parts of the city. Enrollment at UC San Diego could increase by 10,000 over the next decade, through nearly 1,175 students are currently on a waiting list for on-campus housing, partly due to social-distancing guidelines. Over the past decade, enrollment increases to 40,000 have already caused crowding issues, and pushing enrollment to 50,000 could cause more housing problems outside of pandemic-era requirements. San Diego City Council voted 8-1 to approve the 1,200-unit Trains at Carmel Mountain Ranch project designed by developer New Urban West to occupy the Carmel Mountain Ranch Country Club's closed golf course. The developer held 30 community meetings and discussed the plan with over 500 nearby residents and will include 110 acres of open space and 15% low-income housing, though residents say New Urban West did not fairly adopt their requests. Lake Tahoe's Squaw Valley ski resort will change its derogatory name to Palisades Tahoe starting immediately, though full adoption of the new name will likely be a years-long process. For a year, owners collaborated with the Washoe Tribe of Nevada and California to replace the name it's used since 1949 with Palisades Tahoe. US District Judge David O. Carter will, for now, not challenge a Los Angeles city law that bans people from parking recreational vehicles overnight in designated areas because city officials said they have not been enforcing it. Stephen Yagman, the attorney representing a woman who lives in an RV in Venice, is arguing that the city law violates the rights of unhoused people under the 8th and 14th amendments, and though the case is still open if the city decides to enforce its law, the city should remove its parking restriction signs if it isn't acting on them. Rep. Salud Carbajal, Senator Dianne Feinstein, and Senator Alex Padilla are asking the US Commerce Secretary and the National Oceanic and Atmospheric Administration Administrator to move the Chumash Heritage National Marine Sanctuary from nomination to designation. Designating this central coast area, which contributes to the state's $1.9 trillion coastal economy, would protect its resources as a marine sanctuary. A Sacramento property owner is suing the city for allowing unhoused people to set up camps and live in RVs near their business after the owner asked the city to force the unhoused population to relocate and tow vehicles. In the lawsuit, the property owner asks that the judge order the city to provide relief in a manner "to be determined by law," though a previous federal court ruling established that governments cannot penalize people for camping on public property unless they can offer shelter, all of which is usually full in Sacramento. Dismantling of the San Onofre Nuclear Generating Station will continue after Los Angeles County Superior Court Judge Mitchell Beckloff ruled against a lawsuit filed by the Samuel Lawrence Foundation aimed at stopping work. Beckloff ruled that the California Coastal Commission was correct in granting a permit to Southern California Edison to start deconstruction work. Two environmental groups, Orange County Coastkeeper and the California Coastkeeper Alliance, have sued the Regional Water Quality Control Board after it approved a permit for Poseidon Water's Huntington Beach desalination plant because the board did not fully consider more habitat-friendly options. The company only needs one more permit from the Coastal Commission to move forward with its $1.4 billion, 22-year-long project unless the regional board's permit no longer stands. In an effort to make affordable housing more accessible, Los Angeles City Council voted to require that all covenanted affordable units in the city be publicly listed on the website lahousing.lacity.org in addition to the leasing website specific to the project and is also calling for an open application process for new units. Their vote aligns with the city's Transit Oriented Communities guidelines and the statewide density bonus designed to confront the state's housing crisis. Whatever their use, ADUs are an increasingly popular and affordable housing option for many residents in Los Angeles. According to the Department of City Planning, the city permitted 2,401 ADUs from January to June of 2021 (or 24% of all housing units permitted in the first half of this year). The South Valley had the highest share of ADUs permitted (30%), followed by the North Valley (25%), South Los Angeles (15%), West Los Angeles (10%), Central (9%), East Los Angeles (9%), and the Harbor (2%).

In a significant win for housing advocates, an Orange County judge has reversed her previous ruling, saying that Huntington Beach actually did violate the Housing Accountability Act in rejecting a 48-unit condominium building just off Beach Boulevard.

San Diego County Sued over Approval of Exurban Solar Project A group of Jacumba residents filed a lawsuit against the San Diego County Board of Supervisors after they unanimously approved a 600-acre solar and battery storage project in their East County desert town. They also filed against BayWa r.e., the project developer, and have hired the same law firm who fought the Keystone XL pipeline. The residents claim that the Board of Supervisors violated the California Environmental Quality Act and regional planning and zoning requirements and believe that the project is far too large, will harm nearby wildlife, and damage the town's landscape. One plaintiff noted that the project is inequitable because it would never be proposed in a wealthy community. Proponents of the project believe it will make huge strides in achieving renewable energy and carbon reduction targets and will create 350 union jobs in the construction process. San Jose Mayor Envisions Significant Development for Homeless Housing San Jose Mayor Sam Liccardo is proposing to construct 2,300 new housing units for unhoused people by the end of 2022 and is calling on support from city councilmembers to accomplish his goal. His plan includes opening 683 new transitional beds, which would triple the current amount, and asking councilmembers to suggest sites in their districts for building modular apartments throughout San Jose. He is also considering placing the beds in converted motels. For permanent housing, Liccardo plans to increase the housing stock by 1,384 units funded by the city and county and 239 units funded by California's Homekey program. San Jose has an estimated unhoused population of 7,000, and Liccardo is hoping to put a pandemic-induced increase in federal and state funding for confronting homelessness to good use. Governor Expands Funding for Statewide Homeless Housing Plan Gov. Gavin Newsom is adding $2.75 billion in funding to the state's Homekey initiative, forming the largest investment in homeless housing in California's history. The $2.75 billion is part of $5.8 billion allocated toward creating 42,000 housing units and treatment beds under the California Comeback Plan. Newsom's plan is to purchase and renovate buildings, including hotels, motels, and empty apartment buildings, and transform them into roughly 14,000 long-term housing units. His administration has noted that Homekey has resulted in the fastest, cheapest, and most expansive permanent housing construction in state history, and its first $846 million investment created 94 different projects. Within its first year, the program been crucial in creating safe and clean living environments for thousands of residents during the pandemic and produced 6,000 affordable units. Study Links California Poverty Rate to Housing Costs California's high housing costs are largely responsible for increasing poverty in the state, according to a new study from the Public Policy Institute of California. The PPIC, using data from the 2019 California Poverty Measure and housing costs if they reflected 2013 cost levels, determined that 800,000 fewer Californians, or 2.2% of the population, would have lived in poverty in 2019. Residents living in the Bay Area would be the most impacted; limiting housing costs to 2013 levels would lower the poverty line by 12.3%. Poverty rates for Latinx and Black residents as well as renters would fall the most. The report determined that, while state and federal programs have temporarily helped residents, more effective solutions that lower housing costs are essential to permanently confronting poverty. Auditor Faults State for Ineffective Use of Federal Homelessness Funds In its high-risk audit of the California HCD's management of federal funds classified under COVID-19 assistance, State Auditor Elaine M. Howle determined that the Emergency Solutions Grant program failed to effectively use federal funding to address the disproportionate impact of the pandemic on the state's unhoused population. The ESG program received $316 million from the federal government to help those who were at risk of or currently experiencing homelessness, but the audit found that the HCD was too slow to provide access to the funding to Continuum of Care entities, which aid in homeless services. According to the audit, the HCD also failed by not hiring a contractor who would manage and monitor ESG-funded activities, so direction and organization were lacking, leaving the unhoused population and those at risk to homelessness even more vulnerable. CP&DR Legal Coverage: Court Strikes Down Use of Financial Pro Formas Cities and counties can no longer require developers to produce pro-formas in order to justify concessions related to density bonuses, according to a recent appellate court ruling. The case dealt with changes to stater law in 2008. Prior to 2008, the City of Los Angeles had adopted an ordinance requiring developers to provide pro-formas explaining how concessions would make their projects “pencil”. But the court concluded that this requirement was deleted from state law in 2008. Neighbors opposed to the project subsequently sued, saying the pro-forma analysis provided by the developer under the city’s ordinance was inadequate. But the Second District Court of Appeal disagreed, concluding the burden of proof for financial feasibility is on the city and not the developer. Quick Hits & Updates The House of Representatives passed Representative Salud Carbajal's Protecting America's Wilderness and Public Lands Act designed to make public lands, including the Los Padres National Forest and the Carrizo Plain National Monument, more accessible to local communities. Carbajal noted that this policy, which is part of the "must-pass" National Defense Authorization Act, would be very impactful in terms of climate change, access to the outdoors, the economy, and plant and wildlife protection and could permanently ban development on 288,000 acres of land on the Central Coast. The Los Angeles City Planning Commission has amended and approved its draft DTLA 2040 plan to house over 175,000 new residents and generate 100,000 new jobs in just 1 percent of Los Angeles' total land area. The plan to rezone the city's Downtown center, eliminate parking requirements, and streamline design standards will now head to City Council for review. The Trust for Public Land, a San Francisco environmental group, purchased the 540-acre Nyland Property ranch for $4.4 million to prevent the area from becoming a luxury development and protect San Juan Bautista's rustic scenery. The ranch is composed of oak-studded grasslands, wetlands, and seasonal streams and is situated along 1.5 miles of Highway 156 in San Benito County. A federal appeals court reversed a decision made by Judge David O. Carter's that ordered Los Angeles to offer housing to Skid Row's entire unhoused population by October. The three judges ruled that Carter did not follow basic legal requirements when making his decision because he based it on racial discrimination, but the claims made by the LA Alliance for Human Rights were not race-based. Thousands of UC students are struggling to find housing due to rising off-campus costs and limited availability for on-campus housing, according to a Mercury News analysis . The difficulties are due to limited density in off-campus housing for social distancing, and there are few additional on-campus rooms available for students who cannot afford off-campus housing. Amazon is planning to open several 30,000 square-foot retail stores throughout California and Ohio, putting more traditional department stores on edge. Their stores would be smaller than most department stores, which Amazon believes will attract more customers While Simi Valley City Council in 2019 rejected a proposal for a 108-unit assisted-living facility and suggested that it would harm single- and multi-family neighborhood character, the council approved the proposal, declaring that it had no option based on a judge's ruling. The site would include 68 assisted-living units and 40 memory-care units in addition to a gym, a communal dining room and kitchen, a lounge area, and a hair salon. While heatwaves and drought have drained water levels in Lake Tahoe over the past few years, water levels are expected to rise exponentially, according to a study from environmental scientists at the UC Davis Tahoe Environmental Research Center. The influx of water could put several towns in the Lake Tahoe area at risk of severe flooding. Zoning and investment in Santa Monica's Third Street Promenade may undergo a significant transformation to allow for housing and hotel development along the stretch. Part of the Third Street Promenade Stabilization and Economic Vitality Plan also includes expanding outdoor dining on sidewalks and rooftops as well as a "town square" for large gatherings in order to bring more sales tax revenue to the city lost during the pandemic. Fix the City, Inc. filed an unsuccessful lawsuit that maintained that two Los Angeles housing projects fail to meet requirements under Measure JJJ, which includes Transit Oriented Community Guidelines. The court rejected all of the group's claims, stating that the proposals meet all four requirements for TOC incentive eligibility. Emile Haddad, CEO of developer Five Point, developer of several large-scale developments statewide, will step down from his position at the end of the month and take a senior adviser role while remaining on the board as chairman emeritus. Stuart Miller and Lynn Jochim will take over on the management team, while Haddad hopes to focus on growing public interest projects and confronting the housing crisis. Mountain View City council unanimously approved a plan to transform a parking lot near the City Hall building into 120 affordable apartments as well as a ground-floor retail and community space intended to promote pedestrian attraction. Alta Housing plans to set 20 units aside for residents facing homelessness, another 20 for those making up to 30% of the area's median income, and 40 for those making between 30% and 50%. San Bernardino is moving forward with the redevelopment of its boarded-up and closed Carousel Mall after entering an Exclusive Negotiation Agreement with the developer, Renaissance Downtowns USA and ICO Real Estate Group. Moving forward, the city and developer will begin negotiating and determining their terms and conditions for the 43-acre site's sale and development.

Cities and counties can no longer require developers to produce pro-formas in order to justify concessions related to density bonuses, according to a recent appellate court ruling.

This year, Gov. Gavin Newsom apparently has not met a housing bill he didn't like. Following up on his high-profile signing of Senate Bills 9 and 10, along with several others, last week, Newsom signed 27 bills related to housing earlier this week.

CP&DR Vol. 36 No. 9 September 2021

Group Pursues Ballot Measure to Overturn SB 9 "Duplex Law" Californians for Community Planning is organizing to launch a ballot measure against SB 9, which Gov. Gavin Newsom just signed into law and is set to take effect January 1, 2022. The organization argues that SB 9, SB 10, and AB 1401 could have damaging impacts by eliminating minimum parking standards near transit stops and will accelerate gentrification because there are no affordable housing requirements. The measure's proponents include Mayor Bill Brand of Redondo Beach, Mayor Peggy Huang of Yorba Linda, City Council member Jovita Mendoza of Brentwood, attorney John Heath, and Dennis Richards, a former San Francisco planning commissioner. The group's overall agenda is to put an end to existing centralized zoning policies and advocate for local zoning control. They have completed step one — submitting the CCPI to Attorney General Rob Bonta — to allow residents to vote on their ballot measure on the November 7, 2022 ballot. (See related CP&DR coverage .)  SB 10 Housing Streamlining Law Immediately Draws Lawsuit Now that Gov. Gavin Newsom signed SB 10 into law, the bill is catching some heat from the Los Angeles-based AIDS Healthcare Foundation, who is suing the state of California to stop its implementation. SB 10 is intended to allow cities and counties to simplify the rezoning process for urban areas with extensive transit and job opportunities to build small apartment buildings. The nonprofit believes that SB 10 is unconstitutional because it allows local governments to override land use decisions determined by voters. In the past, the foundation has lobbied against the bill for failing to make an impact in providing affordable housing. The law is planned to go into effect January 1, 2022. Study Finds Mismatch Between Zoning & Building in Bay Area The median Bay Area city will likely approve housing projects on less than 10% of the sites listed and approved in its housing plan, according to a study published by the UCLA Lewis Center for Regional Policy Studies published a study titled "What Gets Built on Sites That Cities 'Make Available' for Housing?" Meanwhile, many cities are hoping to meet their housing targets by building on sites that have been unapproved; during the study period, almost 70% of the housing built was on sites not classified in plans to meet housing quotas. The study recommends that, in order to more accurately and effectively confront the housing crisis, cities consider and perhaps underestimate the true potential of building on approved sites and more honestly include sites that may not be technically approved in their housing plans. California Cities Fare Poorly on Quality of Life "Ranking" The US News and World Report released its 2021-2022 "Best Places to Live in the US" rankings, and no California cities made the top of the list. Criteria for the rankings included affordability, job market, desirability, net migration, and quality of life. While San Francisco reached 15th on the list, and San Jose made 36th, the remaining 12 of the 14 California metros included ranked below 96th place, and in total, the metros received an average 115th ranking. Throughout the US, many metros experienced instability, high unemployment, and high housing costs during the pandemic, but California's disappointing performance was largely due to its high housing costs. CP&DR Coverage: Ruling Strengthens Housing Accountability Act In an important new ruling , the Second District Court of Appeal has concluded that the City of San Mateo’s design guidelines are not “objective” under the Housing Accountability Act and has ordered San Mateo to reconsider its denial of a four-story 10-unit apartment buildings. The appellate court also upheld the constitutionality of the Housing Accountability Act, saying it does not impermissibly intrude upon local government powers. The case is one of the first to deal with the strengthened Housing Accountability Act at the appellate level. While it overturned a San Mateo County Superior Court judge’s ruling, it mirrored a recent ruling in a case from Huntington Beach, where an Orange County Superior Court judge similarly found that the city’s design standards aren’t objective and the Housing Accountability Act is not unconstitutional. Quick Hits & Updates Despite public protest, and ridicule, the San Francisco Planning Department has advised that El Farolito , a popular taqueria based in San Francisco's Mission District, may not open its 12th location in North Beach because that would classify the business as "formula retail," which is banned in North Beach, Chinatown, and Hayes Valley. City officials told the owners that the new location could be permitted if they made "sufficient changes" to their North Beach proposal or to another location so that the taqueria would no longer be classified as a chain. Oakland Mayor Libby Schaaf has committed to housing 1,500 unhoused residents and constructing 132 affordable housing units in the next 16 months. Schaaf's housing commitment is part of House America, a federal initiative aimed at tackling the housing crisis, under which Oakland will receive $11.3 million in funding. The Los Angeles County Board of Supervisors became the largest urban area to approve a motion to phase out miles of oil fields on unincorporated land, citing its impacts on the health of nearby residents and on the climate. The board also passed a motion to implement a just transition in order to protect the county's roughly 30,000 oil and gas workers. San Diego is proposing to designate 300 acres of public land for fast and cheap construction of 10,000 housing units. To expedite financing and avoid opposition from nearby residents, city officials plan to pre-zone the land and will create pre-approved architectural prototypes for quick construction. Councilmember Joe LaCava is also proposing two funds: a public land trust for affordable housing and an infrastructure fund to address any obstacles. In the latest sign of San Jose's aggressive push to grow denser, the San Jose City Council approved construction for two 16-story towers along the Guadalupe River that will serve as a 2.05 million square-foot office campus for nearly 10,000 people. Environmental activists have voiced concerns that the Almaden Office Project could harm trees, soil, and wildlife habitat that exists along the river bank and are pushing for the developer to build farther away from the river. San Francisco is transforming two parking lots used as a "safe sleeping village" with 44 tents for unhoused people into a space for 70 tiny homes. Each cabin is 64 square-feet and includes heating, a desk, a bed, and a window, and the entire village will include renovated bathrooms, storage spaces, and a dining area. Two nonprofits, DignityMoves and Tipping Point Community, are covering the $1.7 million cost. Santa Monica is introducing a program that will prioritize affordable housing for up to 100 households and their descendants that were displaced due to urban renewal policies of the '50s and '60s that benefited wealthier and white residents and destroyed the homes of many people of color, particularly Black residents. The city also reduced the number of work hours required to be placed on the waitlist in order to include a greater number of people who work part-time The San Joaquin Regional Rail Commission wants to add a stop in Elk Grove at a Laguna Boulevard station as part of its Valley Rail Sacramento Extension Project from Stockton to Sacramento. The entire project, including the Elk Grove station, has a 2023 target date, and Elk Grove residents can learn more about the proposal and provide commentary at a virtual open house on August 26. Data from RentCafe, a national real estate listing service, suggests that people are very interested in calling San Francisco home. According to the data, the pandemic trend of mass departures from the city may have reversed, as rental applications for San Francisco residences increased by 105% in the first half of 2021 compared to the same period in 2020. Environmentalists plan to file a lawsuit against Menlo Park developer Laguna Sequoia Land Company's proposal to dredge a part of a 21.9-acre San Francisco Bay tidal lagoon in Redwood City and use the fill as a base for a 350-unit apartment complex. Though the developer still has to obtain building permits, advocacy groups are prepared to fight against the plan that could destroy an ecosystem and put apartment residents at risk to sea level rise. A group of self-identified "green activists" is opposing the 350-acre Aramis Renewable Energy Project, the largest proposed solar plant in the Bay Area that would supply carbon-free electricity to 25,000 homes annually. The project, designed by ranchers, farmers, and environmentalists, will likely still move forward, but the group still plans to sue on the grounds that the project would destroy open space and ecosystems. The California Rental Housing Association, a group representing over 9,000 members who own nearly 537,000 rental units, is suing the State of California in federal court over its enforcement of the state's third eviction moratorium extension. The group claims that AB832 is unconstitutional and has hurt small and medium property owners, while the state voted to extend the moratorium to October 1 due to the COVID-19 delta variant. State Oil and Gas Supervisor Uduak-Joe Ntuk rejected a proposal by Aera Energy LLC to carry out fracking in western Kern County in order to protect public and environmental health and safety. This is Ntuk's second rejection of applications for fracking permits in the state, which suggests that the Newsom administration may be trying to prohibit fracking before an official ban is implemented in 2024.

Post-Recall, Newsom Signs Package of Housing Bills After surviving the recall effort, Gov. Gavin Newsom signed the California Comeback Plan and several housing bills intended to tackle both the housing and climate crisis. Part of the $22 billion California Comeback Plan includes funds to build over 44,000 housing units and treatment beds for the unhoused. Some of the other bills signed include SB 8, which extends the Housing Crisis Act of 2019; SB 9, intended to spur housing production by making it easier for single-family home owners to build duplexes or split their lots; and SB 10, which makes it easier for cities to zone for multi-unit housing. In addition to confronting the housing-affordability crisis and climate change by promoting denser housing near employment centers, Newsom outlined a plan to hold local governments accountable for housing. State Establishes $1.75 Billion Housing Fund To help address the state’s long-term affordable housing shortfall, California the state is implementing a $1.75 billion plan – dubbed the California Housing Accelerator – which will provide funding to shovel ready projects in lieu of tax credit equity. Funding will support 90 projects, producing between 6,300 and 7,200 units of affordable low-income housing statewide. Of this amount, approximately 1,200 units will be targeted to individuals and families experiencing homelessness. While the Department of Housing and /community Development has funded eligible multifamily housing projects, inadequate tax credits and bonded hindered progress. HCD has issued a guide to implement the California Housing Accelerator that includes a dedicated strike team that focuses on outreach and application reviews so that decisions are made within 60 days. Under this plan, construction would have to begin within 180 days after a project receives funding. Kern County Sues over Fracking Restrictions Kern County is suing Gov. Gavin Newsom to fight his ban on oil well stimulation treatments, namely fracking, a process completed in Kern more than anywhere else in California. In the 33-page lawsuit, Kern contends that Newsom's challenging of the oil industry will put good-paying jobs and property tax revenue at risk, while Newsom is hoping to minimize air and water pollution threats. The Newsom administration recently denied fracking permits to Aera Energy LLC as part of his plan to stop issuing fracking permits throughout the state by Jan. 1, 2024. These points of contention between Kern County and the governor indicate that his administration has not introduced a just transition that stabilizes jobs and property tax revenue in the county when denying fracking permits. San Francisco Reassesses Greenhouse Gas, Climate Change Goals Extreme wildfires, heat, drought, and other climate disasters are forcing San Francisco to consider more ambitious climate change goals, including achieving net zero emissions produced locally by 2040. Part of this plan includes cutting emissions to at least 61% below 1990 levels by 2030 and investing in carbon sinks, such as trees. The Board of Supervisors also approved an update to its environmental code that would demand emissions reductions for products consumed within the city by minimizing carbon footprints for travel. While the city's climate goals are now more ambitious, many are concerned that the timeline is too lenient to address the climate emergencies that residents are currently facing, while others find that any speed-up will face feasibility issues. CP&DR Commentary: Fulton Breaks Down SB 9 SB 9 , the bill outlawing single-family zoning in California, is now law. On the surface, it’s a transformational piece of legislation, unwinding a century of California land-use regulation. But what’s really in it? And will it really result in either far more housing, as its proponents hope, or dramatically changed neighborhoods, as its opponents fear? Neither question is easy to answer at this point. So let’s take a look at SB 9 – first, by examining what it does; and second, by speculating on what it’s impact will be. Quick Hits & Updates San Diego City Council voted 8-1 to approve the 1,200-unit Trains at Carmel Mountain Ranch project designed by developer New Urban West to occupy the Carmel Mountain Ranch Country Club's closed golf course. The developer held 30 community meetings and discussed the plan with over 500 nearby residents and will include 110 acres of open space and 15% low-income housing, though residents say New Urban West did not fairly adopt their requests. US District Judge David O. Carter will, for now, not challenge a Los Angeles city law that bans people from parking recreational vehicles overnight in designated areas because city officials said they have not been enforcing it. Stephen Yagman, the attorney representing a woman who lives in an RV in Venice, is arguing that the city law violates the rights of unhoused people under the 8th and 14th amendments, and though the case is still open if the city decides to enforce its law, the city should remove its parking restriction signs if it isn't acting on them. Lake Tahoe's Squaw Valley ski resort will change its derogatory name to Palisades Tahoe starting immediately, though full adoption of the new name will likely be a years-long process. For a year, owners collaborated with the Washoe Tribe of Nevada and California to replace the name it's used since 1949 with Palisades Tahoe (See related CP&DR coverage .) Bell city manager Paul Phillips, former state senator Frank Hill, attorney Anthony Bouza, and San Diego developer William Barkett have all been charged in a corruption case for the alleged theft of up to $20 million in public funds provided by the City of Industry to build a 450-megawatt solar project. Construction on the project never began, the money was never paid back, and Barkett has been accused of spending about $8.3 million of the funds on personal items. Voter-approved funding through Measure M could turn LA Metro’s $8 billion proposal to build the 63-mile High Desert Multi-Purpose Corridor from Palmdale/Lancaster to Victorville/Apple Valley/Adelanto into a widening of LA County's SR-138 and SR-18 in San Bernardino County. Previously, Metro planned to use the money to fund an 8-10 lane freeway, a bike path, solar panels, high-speed rail. In its "Changing Lanes: A Gender Equity Transportation Study," the Los Angeles Department of Transportation examined the mobility challenges faced by women, who are less likely to have a driver's license, are more like to make multiple stops on their trips, and carry more people and cargo on their trips. The department hopes that the study will contribute to transit improvements for women and also plans to implement a more effective DASH program to make rides safer and more convenient. Newport Beach city officials and activists are debating the future of Banning Ranch , which recently has received $8 million in state grants to establish a protected public park. Representatives now state that a portion of Banning Ranch must be transformed into housing to meet the state's demands for 4,800 units by 2029. A group of 19 attorneys general is demanding that the EPA repeal a Trump-era policy, Clean Water Act Section 401 Certification Rule, that has made it harder for them to reject projects that damage their waterways. The attorneys general, led by California, New York, and Washington, hope that dismissing the rule will allow them to reject pipeline, coal export, and other green-house gas emitting projects.

SB 9, the bill outlawing single-family zoning in California, is now law. On the surface, it’s a transformational piece of legislation, unwinding a century of California land-use regulation. But what’s really in it? And will it really result in either far more housing, as its proponents hope, or dramatically changed neighborhoods, as its opponents fear?

At the start of this year's legislative session, housing advocates in the California Senate put forth a collection of housing bills and went so far as to brand them the Senate Housing Package -- with a website and everything. The package included six bills to start and grew to eleven. Nearly nine months later, it should come as little surprise that every bill but one now awaits Gov. Gavin Newsom's signature. Sponsors weren't likely to publicize them without reasonable assure that they'd make it to the final round.

In an important new ruling, the Second District Court of Appeal has concluded that the City of San Mateo’s design guidelines are not “objective” under the Housing Accountability Act and has ordered San Mateo to reconsider its denial of a four-story 10-unit apartment buildings. The appellate court also upheld the constitutionality of the Housing Accountability Act, saying it does not impermissibly intrude upon local government powers. The case is one of the first to deal with the strengthened Housing Accountability Act at the appellate level. While it overturned a San Mateo County Superior Court judge’s ruling, it mirrored a recent ruling in a case from Huntington Beach , where an Orange County Superior Court judge similarly found that the city’s design standards aren’t objective and the Housing Accountability Act is not unconstitutional. The case involves a proposed apartment building on the corner of El Camino Real and West Inez Avenue in San Mateo. In 2017, a local developer proposed the project and the city staff recommended to the planning commission that the project be approved. Planning commissioners expressed concern that the project was inappropriate in scale compared to the adjacent single-family neighborhood. The staff then returned with a revised recommendation to deny the project based on a finding under the Housing Accountability Act that the project did not meet a standard in the city’s design guidelines calling for taller projects to be stepped back from adjacent single-family homes. The developer appealed the decision to the San Mateo City Council, which affirmed the planning commission decision in early 2018. (This account is derived from the appellate court decision and could not be independently verified by CP&DR because all staff reports regarding the project, unlike other past staff reports, appear to have been removed from the city’s web site.) California Renters Legal Advocacy And Education Fund then sued – the same organization that sued in Huntington Beach. The case revolved largely around the question of whether the stepback requirement in the design guidelines is an “objective” design standard as required the Housing Accountability Act in order to deny a project that otherwise meets a city’s planning requirements. Superior Court Judge George Miram ruled that the stepback requirement is an objective standard but he was overruled by the appellate court. The specific standard the city relied on in denying the project, contained in San Mateo’s multifamily design standards, states: “If height varies by more than 1 story between buildings, a transition or step in height is necessary . Any portion of a building constructed taller than surrounding structures should have the taller section built to a width that acknowledges the traditional building width pattern of the City—generally 30 to 50 feet in width.”