Southern California Cities Get Relief on Zoning Update Deadline State policymakers are planning to take some of the pressure off of Los Angeles and other large Southern California cities to meet state housing goals under an impending deadline. While the City of Los Angeles currently has an October deadline to rezone and allocate land to construct 250,000 new homes, state officials are now suggesting that completing that goal would be impossible and are proposing that the city have until fall 2024, which should give Los Angeles plenty of time to rezone for more housing. The new timeline would also give Los Angeles and other cities an opportunity to apply for state affordable housing grants, a critical resource that would disappear if the city did not meet the October deadline. (See related CP&DR coverage .) Bonta Cites Undue Pollution in CEQA Suit Against Moreno Valley General Plan Attorney General Rob Bonta is taking the lead on a lawsuit against Moreno Valley's General Plan, arguing that its environmental review violates the CEQA and will heighten pollution in an area already saturated with polluted air from large-scale warehouses. Bonta has stated that Moreno Valley failed to consider a proper environmental baseline, the rise in pollutants that would violate air quality standards, and the impact on nearby schools, hospitals, and communities. Bonta argues that Moreno Valley did not fully account for and mitigate the environmental and public health consequences of its General Plan. Specifically, Moreno Valley fails to compare the General Plan’s air quality impacts against a proper environmental baseline; evaluate whether the General Plan would lead to a significant, cumulative increase in pollutants like ozone and particulate matter, which impacts whether the region can meet state and federal air quality standards; and consider whether the General Plan would increase pollution near schools, hospitals, and other sensitive sites or otherwise negatively impact the surrounding communities. The suit also claims Moreno Valley’s Climate Action Plan also contains unenforceable measures that fall short of what is required to mitigate the General Plan’s anticipated greenhouse gas impacts. “Communities in Moreno Valley experience some of the highest levels of air pollution in the state. We're intervening today so that those communities do not continue to bear the brunt of poor land use decisions that site warehouses outside their doors," said Bonta in a statement. Report Faults Prop. 13 for Exacerbating Inequity A new analysis of Proposition 13 details the extent to which the initiative has exacerbated the wealth gap, housing shortage, and unjust funding for public schools. The report, conducted by the Opportunity Institute and Pivot Learning and titled "Unjust Legacy," is intended to provide elected officials and other researchers with a more comprehensive understanding of the damage caused by the 1978 initiative passed by voters angered by rising property taxes. Researchers concluded that Prop. 13's heightening of generational wealth for wealthy white families--in addition to redlining, exclusionary zoning, and racism--has severely restricted access to wealth, housing, and other resources for low-income families and families of color. Additionally, in the two decades following Prop. 13's approval, California dropped from fifth to 47th place in nationwide per-student funding, propelling California's education gap. Developer Purchases Great America Theme Park for Long-Awaited Redevelopment A San Francisco developer has purchased the land on which Santa Clara's Great America amusement park stands for $310 million. The operator, Cedar Fair, purchased the land that it had been leasing for over 40 years ago from the City of Santa Clara just three years ago. Now, Cedar Fair has commented that it sold the sale under debt pressure to Prologis, who will lease the park back to Cedar Fair for the next six years. Cedar Fair can extend the agreement up to 11 years. Prologis has not yet commented on its development plans once the 11 years is up. (See related CP&DR coverage .) CP&DR Coverage: New Wrinkle in CEQA Exemptions The age-old question under the California Environmental Quality Act: When is a government action exempt under CEQA? The question is still evolving, as a recent unpublished appellate court ruling involving Los Angeles-controlled water in Mono County shows. The Los Angeles Department of Water & Power has controlled water in Mono County for more than a century and during that time has been engaged in more than a few battles with both local officials and environmentalists over how much water to ship to L.A. and what environmental mitigation should be required. The latest involves a set of leases on 6,100 acres of land owned by DWP in Mono County which were approved in 2010. A trial judge sided with the Sierra Club and Mono County, but the First District Court of Appeal overturned the decision. Quick Hits & Updates A judge has blocked Riverside's proposed Magnolia Flats residential and retail center after owners of a nearby supermarket sued, arguing that it would be impossible for delivery trucks and customers to properly access the parking lot. The developer has appealed the injunction and plans to move forward with constructing 450 housing units and a 9,000 square-foot retail center. The Redlands City Council unanimously approved a moratorium on new warehouses, joining the other Inland cities of Chino, Colton, Riverside, and Jurupa Valley. In the meantime, city staff members will review the impacts of existing facilities to plan for future guidelines. The Culver City Council has voted , 3-2, to abolish parking minimums after reviewing a survey on citywide off-street parking. However, minimums will remain until the zoning code is amended later this year. A California federal judge has reversed Trump-era restrictions to the Endangered Species Act, siding with several environmental groups and restoring protections for hundreds of wildlife species facing development and climate danger. California voters will decide the fate of an initiative to raise $100 billion over 20 years to reduce air pollution on the November ballot. The Clean Cars and Clean Air Act, which received over one million signatures, would tax income over $2 million to fund a transition to electric cars and efforts to reduce wildfire risk. Los Angeles Metro is pursuing a plan to reduce gentrification near its new train stations: land-banking. The process involves working with the county to purchase land early in the planning process and then selling it to affordable housing developers in order to increase housing accessibility near transit. The City of Palm Desert has offered city property to the Coachella Valley Housing Coalition at no cost to construct 14 multifamily units as part of the Palm Desert Merle Street Urban Self Help Program. Officials plan for the program to give low-income households an opportunity to become homeowners. Santa Barbara officials are considering an ordinance that would restrict applications to build new hotels until the housing element is updated to ensure affordable housing construction, especially for service workers. As a result, 21 existing hotel proposals would not move forward in order to limit the rise in vacation rentals and value of land zoned for housing. San Francisco residents will be some of the first to see ride-hailing, robot-operated Chevy Bolt EVs after the state Public Utilities Commission approved a permit for driverless vehicle maker Cruise. As more vehicles appear on the streets, Cruise is expected to publish an app for residents to request a robotaxi ride. Los Angeles County will join a new agency established to facilitate the planning, development, and construction of the High Desert Multipurpose Corridor project after the Board of Supervisors approved the motion by Supervisor Kathryn Barger. The 54-mile project is part of a larger initiative to connect Los Angeles to Las Vegas.

The age-old question under the California Environmental Quality Act: When is a government action exempt under CEQA?

HCD Determines Vast Majority of Jurisdictions Subject to SB 35 Streamlining The Department of Housing and Community Development announced updated SB 35 Determinations displaying the California cities and counties that are subject to streamlined housing approvals for specific housing projects under Senate Bill 35. For 2022, a total of 38 jurisdictions are exempt from streamlining, meaning that HCD considers their housing policies in full compliance with SB 35. Two-Hundred-Thirty-Eight jurisdictions are subject to SB 35 streamlining with at least 50% affordability; developments with at least 50% affordability would also be able to access SB 35 streamlining in the 263 jurisdictions noted below, for a total of 501 jurisdictions. Two-hundred-thirty-six jurisdictions are subject to streamlining with at least 10% affordability. For most of the state (501 jurisdictions out of 539 jurisdictions) SB 35 Streamlining is available to developments with at least 50% affordability. Accompanying the updated SB 35 Determination is an online interactive map . (See related CP&DR coverage .) Manhattan Beach to Return Property Unjustly Taken from Black Family Bruce's Beach, an open space that belonged to a Black family before the City of Manhattan Beach seized the property nearly a century ago and displaced the family, will officially be returned to the family of Willa and Charles Bruce. In 1995, the city transferred the beach to Los Angeles County, which unanimously approved the transfer last week. The county will rent the property from the Bruces for the next year. The move appears to be a historic plan that could encourage the return of more land to Black and Indigenous people and people of color, as many local entities are proposing land returns to combat long histories of government-sponsored displacement. Laguna Beach Sues Coastal Commission over Handling of Downtown Plan The Laguna Historic Preservation Coalition and two other groups have sued the Coastal Commission over its alleged negligence of detailing the environmental impacts of the Laguna Beach Downtown Specific Plan Update and voluntary preservation guidelines for property owners. The groups are requesting that officials rescind their authorization of the Specific Plan unanimously approved by the Coastal Commission and the historic preservation ordinance. The preservationists argue that the Commission flouted environmental law by failing to implement restrictions that would preserve "historically significant architecture" during remodeling, which they argue benefits larger property developers while harming "California character." The Historic Preservation Coalition has already failed in its attempt to restrict a remodel last year when a judge ruled that its argument about the threat to historic architecture seemed unfounded. Study Finds Affordable Housing Does Not Affect Nearby Property Values in O.C. A new study led by UC Irvine professor George Tita and the university's Livable Cities Lab confirms that affordable housing developments do not increase crime or hurt property values. The researchers' findings, using affordable complexes in Orange County, aligned with previous studies on affordable housing and found that, conversely, these developments tend to drive home prices higher, possibly because affordable developments tend to have more elaborate design standards or replace underused motels and commercial spaces. The researchers presented their findings to officials in the City of Irvine, hoping that the Orange County-specific data will encourage local policymakers to take a more generous approach to affordable housing projects. CP&DR Analysis: How Abortion Ruling Could Affect Property Rights  An indirect effect of the Supreme Court's abortion ruling in Dobbs could affect the way cities approach zoning and development approvals, writes Bill Fulton. For a century, zoning has been considered a constitutional limitation on private property rights in large part because courts – even very conservative ones -- have consistently found that property owners don’t have a constitutional right to develop their property under the 14th Amendment. It would seem that Dobbs would make it even harder for developers in California and elsewhere to file Section 1983 lawsuits and other claims that land-use decisions deprive them of their rights under the 14th Amendment – unless the land-use decision is so egregious it shocks the conscious. Quick Hits & Updates  A state appeals court has sided with two Berkeley neighborhoods groups hoping to stall UC Berkeley's student housing construction at People's Park. UC Berkeley may not move forward with any construction, demolition, tree clearing, or landscape alteration activities until July 19 when a more formal decision must be delivered. The Los Angeles City Council approved a plan to implement a Mobility Plan that was adopted seven years ago but has barely moved forward. The Mobility Plan includes proposals for a bus lane network, protected bike lanes, and "pedestrian-priority" areas in order to reduce traffic dangers, which have increased since 2015, and promote more auto-independency. The action plan includes increased coordination and prioritized action in low-income communities. A major warehouse project proposed for Beaumont has been put on pause after local residents, union workers, and environmental advocates argued for hours against the plan. Beaumont Planning Commissioners voted, 4-1, against recommending that the City Council approve an environmental impact report. The San Francisco Bay Conservation and Development Commission has voted to remove Howard Terminal's 56 acres from port designation, a key move allowing the project to move forward. Meanwhile, the fate of the project will remain in elected officials' hands after the Oakland City Council voted against a measure that would allow voters to decide if public funding should be spent on the waterfront development. A jury found downtown Los Angeles real estate developer Dae Yong Lee guilty of bribery in the corruption case against former City Councilman José Huizar when Lee paid Huizar $500,000 to push forward his plan for for a 20-story tower. Lee was also found guilty of wire fraud and obstruction of justice. In the midst of the planned closure of San Jose's Reid-Hillview Airport, a new study found that lead levels in the airport's soil did not exceed local, state, or federal standards. However, the debate over the closure remains heated, with many experts advising that particulate matter from airplanes will often land outside the airport, harming nearby residents. Despite last-minute objections from environmental groups over the L.A. River Master Plan, county officials will move forward with their plan to reimagine the river alongside architect Frank Gehry. The groups cited their disapproval of Gehry's "elevated platform parks," which they say have taken precedent over protecting the river itself. With the end of their current lease coming to an end, the Santa Cruz Warriors, winner of the 2015 NBA G League Championship, are searching for their next arena in lower downtown. The city council voted to begin an environmental impact report, and the planning department is working on redevelopment options with at least 1,800 housing units and new public spaces.

Will U.S. Supreme Court’s Dobbs abortion ruling make it easier for local governments in California to deny land use projects proposed by private developers?? The answer lies in the complicated and sometimes obscure area of law known as substantive due process – and the question of whether developing one’s property is, at least under some circumstances, a protected constitutional right, as abortion was under Roe v. Wade.

San Francisco Adopts Controversial Citywide Upzoning Ordinance The San Francisco Board of Supervisors adopted, on a 6-4 vote, an ordinance designed to permit fourplexes throughout the city and six-unit homes on all corner lots. The ordinance allows property owners to construct duplexes throughout the city. Owners may then receive a density exception to build four or six total units, with the additional units subject to rent control. While housing advocates are celebrating the initiative, many are also concerned that it would not significantly increase housing density, particularly because there are several limits to who can build new housing. In particular, the ordinance requires any units beyond a second unit to be subject to rent control; critics say that restriction all but ensures that anything bigger than a duplex is unlikely to get built at all. The ordinance is the city's enabling legislation for SB 9, which requires cities statewide to eliminate most forms of single-family zoning. State Accepts Revised Los Angeles Housing Element The City of Los Angeles's updated housing element, "Plan to House L.A.," has been approved by the Department of Housing and Community Development. Going forward, city planners must approve zoning changes that will plan for 255,000 new homes by 2024. The HCD had previously rejected the draft 2021-2029 housing element, suggesting that the plan's failure to invest in green spaces and economic development in low-income communities hampered equity. In response, the city has proposed centering projects in high-opportunity areas, redeveloping public-facility zoned land, implementing comprehensive community benefits, constructing more ADUs, and assisting low-income homebuyers. Moving forward, the city will be able to pursue state grants to accomplish its goals. Air Board Draft Report Faults Sustainable Communities Strategies The state Air Resources Board released its Draft 2022 Progress Report on the state's Sustainable Communities and Climate Protection Act (Senate Bill 375) for public input. The report includes progress updates on greenhouse gas emissions reduction related to transportation, land use, and housing indicators. Notably, the report stressed that an increase in automobile use, caused in slow implementation of plans to discourage driving, is driving pollution, higher costs, and worsened quality of life, particularly for low-income communities and communities of color. Researchers also emphasized that local entities have largely failed to produce enough affordable housing in high-resource neighborhoods despite the policy's importance. The Board will take public comment through July 14, 2022. Los Angeles Places Affordable Housing & Homelessness Measure on November Ballot The Los Angeles City Council has unanimously agreed to place a measure that would enforce a sales tax on property worth over $5 million on the November ballot, allowing Los Angeles voters to decide whether wealthy landowners should pay higher taxes to fund affordable housing and homelessness prevention programs. If approved, the tax on properties valued between $5 and $10 million would increase by 4%, and properties valued at over $10 million would see a 5.5% tax increase, affecting a total 3% of property sales. Many affordable housing development would be exempt from the tax. The measure, "House L.A.," finds support from Unite to House L.A., a coalition of affordable housing and labor advocates. HCD Taps Melinda Coy to Oversee Housing Accountaiblity Melinda Coy has been named Proactive Accountability Chief of Land Use and Local Government Relations at the California Department of Housing & Community Development. This role oversees the department's work to ensure local governments are implementing thier housing elements once adopted, implementation of the Surplus Lands Act to ensure affordable housing developers have access to available surplus sites, and Housing Preservation Noticing law. Coy was previously a Senior Policy Specialist for the California State Department of Housing and Community Development, responsible for supporting implementation of housing and land use laws and policies including the review of local housing elements of the general plan and the provision of technical assistance to local governments. Coy has a bachelor’s degree in geography and political science from the University of California, Los Angeles and a master’s degree in public administration from the University of Southern California. CP&DR Legal Coverage: Cities Cannot Sue COGs over Housing Targets Cities can’t sue their council of governments over the housing targets they are given under the regional housing needs assessment. That’s the decision of an appellate court in San Diego – echoing a ruling originally issued in 2009 from Orange County. In the SANDAG case, the San Diego division of the Fourth District found the situation identical even though the weighted voting question was not an issue in  Irvine.  Most significantly, the court pointed to a 2004 law that eliminated judicial review of the RHNA process and quoted  Irvine  as saying, “The  City of Irvine  court … noted that its conclusion that the Legislature intended to preclude judicial review of RHNA allocations was also supported by the fact that, in 2004, the Legislature expressly  removed  a prior statutory provision  authorizing judicial review of RHNA allocations. Quick Hits & Updates   Angels owner Arte Moreno is seeking $5 million from the City of Anaheim to cover the costs of arranging the defunct Angel Stadium sale. Though the city has already agreed to return $50 million in escrow fees, Moreno's development business will file a claim for the city to return title, inspection, and legal fees. Meanwhile,Despite its attempts to distance itself from the failed Angel Stadium deal and the mayor of Anaheim's resignation due to a corruption investigation, the Anaheim City Council is facing heat from an Orange County grand jury, which maintains in its report that officials propelled a lack of transparency in the deal by prioritizing corporate interests. (See related CP&DR coverage .) A plan to construct a 320-foot dam near Pacheco Pass is facing pushback with a lawsuit which states that the $2.5 billion reservoir proposal fails to consider the environmental impact of drilling and other geological interventions. The lawsuit comes from Stop the Pacheco Dam Coalition, a group of environmentalists and landowners whose property would be flooded. Governor Gavin Newsom has appointed Tony Tavares as the new Caltrans Director. Tavares is the current Director of Caltrans District 7 and has filled several roles in the department since 1997. A Fresno County Judge issued a tentative ruling that would prevent Adventure Church from stopping the sale of the historic Tower Theater to the city, making the city's ownership virtually certain. The Encinitas City Council has approved an updated plan for a 250-unit, multi-story apartment development located in the southern edge of Olivenhain with 50 units designated as affordable. The move comes in response to pressure from Attorney General Rob Bonta and state housing officials. The San Diego Housing Commission's study of citywide affordable housing has received an Award of Excellence from the National Association of Housing and Redevelopment Officials. The report also recommends several approaches to ensuring sustained affordability that are based off data from an inventory of existing deed-restricted affordable housing units. A proposed Empty Homes Tax that would tax homeowners with vacant lots in an effort to reduce underused space and raise money to spend on affordable housing projects will likely appear on the November ballot in Santa Cruz. Officials are considering studying water bills to identify vacant homes. The Culver City Council approved , 3-2, a plan to draft an ordinance that would eliminate parking minimums throughout the entire city and provide recommendations for parking maximums.

CP&DR Vol. 37 No. 6 June 2022

Burbank Faces SB 35 Lawsuit over Denial of Residential Development YIMBY Law filed a lawsuit against the City of Burbank for illegally blocking a project seemingly compliant with SB 35. The lawsuit states that the rejection of the 96-unit condominium project violates the state law, which streamlines approvals for new housing when a city is not on track to meet RHNA goals. Burbank's City Planning Department and the Department of Housing and Community Development had previously reviewed the project and found that it met all of SB 35's requirements. However, Burbank rejected the project, aligning with residents concerned about traffic and equestrian activity. The state HCD has also sent Burbank a Notice of Violation in response to their rejection. (See related CP&DR commentary .) San Diego Reconsiders Parking Exemptions for ADUs The City of San Diego is going backwards on its parking exemption policy for property owners planning to build new accessory dwelling units along the coast. Moving forward, beachside ADUs must have parking spots unless they are located near a trolley stop or bus line. The move comes in response to a push from the state Coastal Commission, which hopes that ADU residents using parking spaces will reduce tourists' use of beachside parking spots. The Coastal Commission also submitted several others requests, including that the city reviews ADU construction in coastal areas and that property owners alert tenants that they are at risk to sea-level rise. Los Angeles Bans Political Contributions from Developers In an effort to reduce corruption, many Los Angeles developers and property owners will be banned from making local political contributions after a new law enforces restrictions if the entity is associated with a "significant planning entitlement" filing in the city and qualifies as a "restricted developer." Once the city has reviewed an application and for the following 12 months, the applicant and associated principals will be prohibited from donating to elected officials, candidates, and committees. If a person or entity is out of compliance, they may not be listed on an application for another 12 months and may face additional penalties. CP&DR Coverage: New Urbanism Takes Hold in Redlands The majority of development in the Inland Empire has followed a pattern of low-density sprawl. The City of Redlands, though, is taking aggressive steps to embrace urbanism. A major project designed by a New Urbanist architecture firm is set to remake downtown, replacing a dormant 1970s mall. And, after over ten years of discussion, the city is on the verge of adopting a specific plan to create villages around three rail stops along the forthcoming Arrow line. Quick Hits & Updates The San Francisco to San Jose segment of California's high-speed rail project is projected to cost three times the previous cost estimate, rising to $5.3 billion, with the whole project costing a possible $120 billion, according to a new report. The rising costs are largely due to inflation, real estate prices, and supply chain issues. The potential designation of the western Joshua tree as a threatened species remains unclear after the state Fish and Game Commission left the debate undecided in a 2 to 2 vote. Staff biologists previously recommended against doing so, noting that the impact of climate change on the species was uncertain. The staff of the San Francisco Bay Conservation and Development Commission has recommended approval of the Oakland A's request to redevelop Howard Terminal into a $12 billion waterfront ballpark complex. The first step would involve removing Howard Terminal's 56 acres from port designation. The Encinitas City Council has approved an updated plan for a 250-unit, multi-story apartment development located in the southern edge of Olivenhain with 50 units designated as affordable. The move comes in response to pressure from Attorney General Rob Bonta and state housing officials. The pending $400 sale of Point Molate shoreline to the Guidiville Tribe of Pomo Indians and developer Upstream Point Molate LLC is facing turbulence after court officials granted Winehaven Legacy LLC, the previous chosen developer who planned to build thousands of homes on the property, its requested temporary restraining order to prevent the sale. The Department of Housing and Community Development has released new features in its housing element Annual Progress Report Dashboard, including daily refreshes as local governments submit data, a Timeline Page, Key Figures to aid in progress comprehension, and an option to track headway toward meeting housing requirements. The cost of sheltering 1,000 unhoused residents at a former Oakland Army Base is not only $22.5 million per year but extreme health risks to future residents, according to a city staff report. The report identified that the cost would approach that of the city's entire homelessness operations and that the site is polluted with lead, arsenic, and kerosene. A federal judge has approved a settlement between the City of Los Angeles and the LA Alliance for Human Rights that requires the city to commit to spending $3 billion on providing 16,000 beds or housing units to unhoused people within five years. The county's part of the lawsuit has not yet been settled.

Cities can’t sue their council of governments over the housing targets they are given under the regional housing needs assessment.

State Pre-empts Coastal Height Restriction in San Diego The Department of Housing and Community Development  approved a San Diego affordable housing developer's plan to construct a structure that would extend far beyond the city's 30-foot coastal height limit. San Diego Community Housing Corporation is proposing to construct 60 deed-restricted units within a 60-foot, four to five story building called Rose Creek Apartments. The ground floor would include meeting spaces for support services and social gatherings. The state's permission is expected to set a precedent for residential projects in other neighborhoods, including University City, Pacific Beach, Midway District, and South Bay, which currently feature a low profile due to a 1972 voter initiative that prohibits buildings over 30 feet within the coastal zone. The decision also demonstrates that the State Density Bonus Law supersedes that local initiative. S.F. Supervisors Seek Ballot Measure to Undo Car-Free Roadway While the San Francisco Board of Supervisors voted to to make Golden Gate Park's John F. Kennedy Drive permanently car-free in the spring, a proposed ballot measure would restore car access to JFK and other streets throughout the city. The measure, "Access for All," was filed by disability advocate Howard Chabner and has found support from the Fine Arts Museums of San Francisco as an effort to increase equitable street access. It would restore car presence not only on JFK but various citywide stretches with exceptions on Sundays, holidays, and Saturdays for half of the year, a pre-pandemic policy. The measure still needs certification to collect signatures and will require 9,000 signatures to appear on the November ballot but would likely face significant opposition from officials and the majority of residents who support a car-free JFK. Major Upgrades to L.A. Union Station Approved The Los Angeles Metro Board of Directors and California High-Speed Rail Authority approved an agreement for funding the initial phase of upgrades to Union Station, paving the way for two run-through tracks and a viaduct over the US-101 freeway. The funding includes $423.3 million for the project's first phase and a $297.8 million preconstruction budget, totaling only a fraction of the Link Union Station project's $2.3 billion cost. Plans for the following phases include raising the main platform, more run-through tracks, and a new passenger concourse. Officials hope that the new station will provide transit for over 200,000 passengers daily and encourage access to more nearby bus operations. Report Catalogs Impediments to SB 9 Projects New analysis from researchers at UC Berkeley's Terner Center for Housing Innovation considers 10 cities' individualized approaches to introducing SB 9, examining affordability and land use requirements, design standards, and other policies that tend to restrict new home construction. Policy Associate Muhammad Alameldin and Policy Director David Garcia conclude that strict local interpretations make ADU construction less feasible. They outline several policy recommendations for increasing the housing stock under SB 9: providing accessible information about ADU construction, tracking SB 9 project progress under a state system, incentivizing construction with pre-approved design standards and same-day permitting approvals, and subsidizing projects to increase affordability. CP&DR Coverage: Guiding the Next Era of California Planning Bill Fulton's Guide to California Planning was originally written at the beginning of the 1990s, when the era of infill development was just beginning, and it is hard to know the best way even to revise this book to address the issues of a more urban California. The state legislature passes laws that encourage the development of compact communities in existing urban areas with jobs and transit – and, increasingly, laws that encourage or mandate more housing production – while at the same time the state kills redevelopment, suspends funding for transit operations, and imposes environmental regulations that favor low-density development. It’s as if California wants to embrace its urban future, but is scared to leave behind the familiar suburban past. Quick Hits & Updates  The San Benito elections office unofficially approved the petition for the Let Voters Decide How San Benito County Grows initiative, sending the proposal to the county Board of Supervisors who will either adopt the initiative or put it on the November ballot. The initiative would let voters decide the fate of projects that require rezoning. Despite last-minute objections from environmental groups over the L.A. River Master Plan, county officials will move forward with their plan to reimagine the river alongside architect Frank Gehry. The groups cited their disapproval of Gehry's "elevated platform parks," which they say have taken precedent over protecting the river itself. The Department of Housing and Community Development has released new features in its housing element Annual Progress Report Dashboard, including daily refreshes as local governments submit data, a Timeline Page, Key Figures to aid in progress comprehension, and an option to track headway toward meeting housing requirements. The pending $400 sale of Point Molate shoreline to the Guidiville Tribe of Pomo Indians and developer Upstream Point Molate LLC is facing turbulence after court officials granted Winehaven Legacy LLC, the previous chosen developer who planned to build thousands of homes on the property, its requested temporary restraining order to prevent the sale. A federal judge has approved a settlement between the City of Los Angeles and the LA Alliance for Human Rights that requires the city to commit to spending $3 billion on providing 16,000 beds or housing units to unhoused people within five years. The county's part of the lawsuit has not yet been settled. San Diego officials have officially approved new short-term rental regulations that will cap vacation rentals at one percent of the city's total housing stock, incorporate 16 new enforcement positions, and introduce a lottery system for permits.

Baseball usually supplies good metaphors for just about any occasion. But, what's gone down in Anaheim over the past few weeks exceeds anything that the diamond might offer up. It's more like Wrestlemania than the National Pastime. The short version is this: Los Angeles Angels (of Anaheim) owner Arte Moreno has been wanting to redevelop the roughly 140 acres currently occupied by Angel Stadium (formerly Anaheim Stadium and a few other things) and its vast expanse of parking lots that is bigger than Disneyland. Even if you don't like baseball, or team owners, this is probably a bona fide Good Thing. We'll get to the reasons in a moment. The team and the city worked out a complex deal in which the city would sell the stadium and parking lots to a Moreno-owned subsidiary for $320 million. The development proposal called for over 5,000 units of housing, 2.7 million square feet of office space, and 1.1 million square feet of retail, restaurant, and hotel space – plus some public amenities such as a park. Meanwhile, the city was going to credit Moreno with $124 million to build 466 units of affordable housing onsite. The city referred to the plan as " The Big A: 2050 ." The deal got momentarily hung up by the Surplus Land Act, which requires public agencies to prioritize the development of affordable housing on publicly owned parcels. As CP&DR reported a few months ago, the act, while well intentioned, has flummoxed many a public agency and frustrated many a developer. Whatever the state might assume about the need for affordable housing, those assumptions don't necessarily match up with what a city wants or what can pencil out for a developer.

Berkeley Approves Thousands of Units Near BART Stations The Berkeley City Council voted to approve the construction of several seven-story buildings with a total of 2,400 units at North Berkeley and Ashby BART stations. The residential buildings could reach 12 stories with a combined 3,600 units using a state density bonus once the developer is established and the design process begins within the next year. With the environmental review already approved, construction at both stations is expected to begin as soon as 2025 and end in 2030. The developments must include a minimum of 35% affordable units. However, many residents who attended the city council meeting urged for 100% affordable housing and discussed the government's displacement of Black residents when it took the land using eminent domain to construct the Ashby station. S.F. Affordable Housing Plan Would Cost $1.3 Billion San Francisco would require an additional $1.3 billion to meet housing requirements that are set to begin next year, according to the Mayor's Office of Housing and Community Development. Over the next eight years, officials must build 82,000 new homes, including 32,000 affordable units. While 11,000 units of affordable housing are underway in the city, San Francisco's market-rate housing construction continues to outpace its affordable housing production; the city produced 48 percent of its affordable goal and 151 percent for market-rate. Primarily to blame are extreme construction costs and San Francisco's affordable housing funding gap, a pertinent topic for the Board of Supervisors' Government Audit and Oversight Committee that will continue to evolve as Mayor London Breed releases her proposed budget. Court Ruling Curtails Fracking in Coastal Zone New permits that authorize fracking off the California coast will come to a halt after the U.S. 9th Circuit Court of Appeals ruled that offshore drilling permits cannot be approved without a complete federal environmental review. The decision comes from a 2016 lawsuit filed by the state, the Coastal Commission, and environmental groups who argued that the federal government violated environmental law when it approved oil drilling using inadequate environmental assessments instead of a full review. California Attorney General Rob Bonta celebrated the decision and emphasized that fracking augments pollution and climate change, citing last year's Huntington Beach oil spill, and many are hopeful that the move will incite plans to end fracking for good. CP&DR Legal Coverage: CEQA Delays, Project Descriptions Unless local open space advocates appeal the ruling to the California Supreme Court, a ruling in Marin County would appear to be the end of the line for the property on the southern tip of the Tiburon Peninsula, which the advocates have dubbed “Easton’s Point”. The Martha Company put the property on the market in 2018 for over $100 million but has since dropped its price to around $60 million. Martha and the Trust for Public Land are now engaged in a joint appraisal of the property. If the case does go to the Supreme Court, the judge is essentially daring the justices to draw a bright line on CEQA delays. An appellate court ruled that Siskiyou County described a proposed water bottling plant project adjacent to Mount Shasta too narrowly. The court also found fault with the way the county analyzed climate change impacts. CEQA experts know that creating the right project description is critical to the environmental review process. Describe the project too broadly and you’ll be required to examine a slew of alternatives that the permit applicant might not be able to pull off. Describe it too narrowly and you face criticism from project opponents that you’ve rigged the process so that only the project being proposed can move forward. That was the argument made by opponents of the Crystal Geyser project – and, while disagreeing with the opponents on several aspects of the project description, the appellate court agreed that the the description was ultimately too narrow. Quick Hits & Updates The Huntington Beach City Council has approved a conditional use permit and tentative tract map for a 48-unit condominium project with commercial and parking space that has previously faced multiple rejections. Officials noted that updates to the Housing Accountability Act have reduced opportunities for cities to deny housing projects. (See related CP&DR coverage .) Fair Housing Advocates of Northern California  reached a settlement with the owners of a Marin County apartment development who refused to make any of their 646 units available to low-income residents receiving financial aid under the Section 8 program. The owners have agreed to follow state law which prohibits housing discrimination based on income. The U.S. Supreme Court has sided with an Oakland ordinance that requires property owners to pay the relocation expenses of tenants they evict after rejecting a challenge by a couple who claims that it has was punished for exercising the right to regain their property when they paid relocation costs in 2018. A federal judge reversed the Trump-era Fish and Wildlife Service conclusion that the sage grouse, a species found along the Nevada-California border, does not need federal protection. Judge Jacqueline Scott Corley ruled that the decision failed to use proper science and that the species should be identified as "threatened." In a new report, UCLA's Lewis Center for Regional Policy Studies analyzes the state's "builder's remedy" for noncompliance with with Housing Accountability Act, finding that the remedy, which allows affordable housing developers to move past cities' zoning and general plan, is so unclear that developers rarely submit a builder's remedy project. Construction on Amazon's largest logistics network warehouse worldwide is nearly completed , spanning 4.1 million square feet and five stories in southwestern Ontario. At the same time, e-commerce declines and warehouse moratoriums are pressuring the company to reduce its warehouse network. California has been ranked as the fourth most bicycle-friendly state in 2022, according to a report from the League of American Bicyclists. While the league celebrates the state's recent bicycle policy, it writes that officials must fill the $2 billion gap in funding in biking and walking investments. Pursuant to SB 1000, a law that requires cities and counties to prioritize environmental justice and reduce harm to impacted communities, Santa Ana officials unanimously approved an update to the city's General Plan that incorporates environmental justice efforts intended to confront public health dangers, notably lead-contaminated soil. Marin County supervisors have adopted interim ordinances that restrict local control over new residential housing construction. While their approval generally adheres to recommendations from the county's Planning Commission, the supervisors did extend the maximum house size allowed for SB 9 construction to 1,200 square feet instead of 1,000. (See related CP&DR coverage .) Fontana officials have adopted new regulations intended to force logistic centers to reduce their pollution after Attorney General Rob Bonta sued the city nine months ago for violating the CEQA with its approval of a trucking warehouse adjacent to a high school. The regulations include a buffer zone of 10 feet around all warehouse projects sized over 50,000 feet and the planting of drought-tolerant trees within the buffer zone. The developer of Los Angeles's Temescal Canyon trailhead facility is facing a $6 million fine from the Coastal Commission for violating the access rights of visitors. The enforcement analyst noted that the several failed attempts to transfer the privatized property to city control have specifically burdened low-income and disabled communities and communities of color. Environmental group Sempervirens Fund will pay the YMCA $9.6 million to preserve Camp Jones Gulch, a 928-acre property the camp owns in the Santa Cruz Mountains that is home to redwood trees. The group will own the timber and other development rights to prevent the YMCA from attempting to deforest the redwoods to fund facility upgrades.

California in the 2020s is a mature urban beast: expensive, crowded, running out of land, and -- at least for the moment ; losing population. But the California planning system is ; to some extent still stuck in the growing suburban state of the 1980s. Its focused on growth management, impact fees, subdivision approvals, and ; thanks to the California Environmental Quality Act ; making sure that bad things dont happen. In the past, I have always assumed that at some point this system would be comprehensively overhauled to reflect Californias new urban reality. But over the past year, as I have revised Guide to California Planning for the sixth time in the last 30 years, I have come to realize that this is never going to happen. Yes, the Legislature wants to make significant changes on certain issues ; housing in particular, but also, for example, CEQA as a result of the Berkeley enrollment case. But no one in Sacramento sees any percentage in a comprehensive overhaul. The Sixth Edition of Guide to California Planning is now available as an e-book. You can buy it here. (The printed edition will be available later this year.) And, like most previous editions, it reflects the tension that exists between the urban state we have today and the suburban-era planning system that emerged in the 1970s and ‘80s. Greenfield development still occurs on the urban fringe, especially in the Central Valley and the Inland Empire—two regions that could be considered the new suburban frontier. But in most parts of the state, the nature of urban growth has changed dramatically since this book was first published in 1991. The old suburban frontiers like Orange County and Silicon Valley have matured into urban areas—diverse, thriving, and running out of land. Redevelopment, infill, high-density, mixed use, transit-oriented, sustainable—these are the phrases that dominate California planning today, and they reflect the states changing circumstances. California today is a mature, expensive, diverse, crowded urban place. Yet the fundamental structure of the planning system described in this book remains largely unchanged from the 1960s and 70s, when it was created and put into place. The system still assumes, by and large, that California is suburban, and that growth is achieved by converting raw land into the first generation of suburban housing tracts, shopping centers and business parks. In the past 20 years, the system has inched toward todays urban reality, but only with great difficulty. As we move deeper into the 21st century, we are faced with the task of adapting a cumbersome structure oriented toward suburbia so that we may cope with a very different society. Regulating the subdivision of land will, no doubt, remain an important activity. But over time, the buildout scenario will become relatively less important compared with the question of what happens when a supposedly built-out neighborhood grows and changes in ways the original planners never anticipated. In recent times, we have started to glimpse Californias volatile, urban-oriented future. We see it in places like downtown Los Angeles and downtown San Diego, both of which have started to become truly bustling, big-city downtowns full of jobs, culture, public transit and, most crucially, residents. We see it in inner-ring suburbs such as Pasadena and Redwood City, which are increasingly self-contained cities where virtually all new housing is in the form of condominiums, townhouses and apartments. We see it in cities like Sacramento, Berkeley, and Oakland, which are in the process of abolishing single-family zoning altogether. We see it in the long-range regional plans that no longer expect the metropolitan bubble to grow outward in a substantial way. Although planners are participants in this evolution, the technical tools available to them remain oriented toward measuring and regulating the first generation of a communitys growth. This book was originally written at the beginning of the 1990s, when the era of infill development was just beginning, and it is hard to know the best way even to revise this book to address the issues of a more urban California. The state legislature passes laws that encourage the development of compact communities in existing urban areas with jobs and transit ; and, increasingly, laws that encourage or mandate more housing production ; while at the same time the state kills redevelopment, suspends funding for transit operations, and imposes environmental regulations that favor low-density development. Its as if California wants to embrace its urban future, but is scared to leave behind the familiar suburban past. Operating within this tension is not easy for Californias planners. And, unfortunately, they get limited guidance from the state. The Governors Office of Planning ; Research is supposed to provide strong guidance on how to navigate the system, but OPR has always been subject to the political whims of the whoever the current governor is and cant always be counted on to do the job. (Although the Planning ; Community Development unit, under the able leadership of Deputy Director Erik de Kok, is increasingly providing detailed guidance on climate change, wildfires, and other relevant topics. Erik was invaluable to me in preparing the new edition.) But I am hopeful that the new edition of Guide to California Planning will continue to help planners in California navigate the increasingly urban thicket. Again, you can buy the e-edition here and the print edition will be available later this year ; stay tuned to CP&DR about when!