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- CP&DR News Briefs August 11, 2020: Caltrain Rescue; L.A. Council Intrigue; Freight Mobility Plan; and More
Caltrain Seeks to Stay Solvent via Ballot Measure Officials have reached a deal to throw Caltrain a lifeline amid plunging ridership. The deal allows a ballot measure on a 1/8-cent sales tax increase to held fund Caltrain to be placed on the November ballot in three counties--San Mateo, San Francisco, and Santa Clara. If approved by a two-thirds majority of voters in all three counties, the tax measure would generate an estimated $108 million per year for Caltrain. Without the funding, officials predict that the railroad might have to cut its service, or even temporarily shut down. Still, multiple governing groups balked at a new tax, and only agreed to approve the measure after Caltrain pledged to distance itself from San Mateo County's transportation agency, SamTrans, by acting more like an independent entity than it has in the past. Anti-Development Group Sues Los Angeles over Dubious Approvals AIDS Healthcare Foundation is suing the city of Los Angeles to stop real estate developments vetted under Councilman Huizar, who was recently indicted by federal prosecutors for pay-to-play schemes involving real estate developers. In its lawsuit, AHF argues that the city should pause projects reviewed by Huizar or Englander, another former councilman who accepted bribes from developers. Although AHF mentioned four projects tied to the federal case, the lawsuit leaves the door open to blocking other projects, saying that "it is highly likely that the approvals of other real estate projects are similarly tainted," and calling for a "top-to-bottom review" of whether committee decisions were corrupted. Whether the city can legally stop these projects could depend on a long list of factors, including how far developers are in the building process and what kind of approvals they have obtained. Freight Mobility Plan Seeks to Upgrade Statewide Transportation Network California Department of Transportation has released its California Freight Mobility Plan 2020. The plan's scope addresses immediate and long-term policies, strategies, and investments necessary to support the good transporting network via truck, train, ship, airplane, automobile, bicycle, foot, or robot. Officials said the effort incorporates emerging technologies, such as e-commerce, 3-D printing and autonomous vehicles that could change how industries interact with freight networks. Caltrans said the plan's seven overarching goals are economic prosperity through increased system efficiency, productivity, and workforce production; environmental stewardship; healthier communities by mitigating the negative impacts of the freight system; increased safety among workers and infrastructure resiliency; asset management; connectivity and accessibility; and multimodal mobility through improved network efficiency and travel time reliability. San Diego Missed Housing Targets by 50% San Diego fell far short of its housing production targets, according to the city's newly released 2020 Housing Inventory Report . The city missed building targets by nearly 50 percent. Despite the housing shortfall, the report isn't all bad news. Data trends in the report show that new housing initiatives might be working. New construction starts, which are measured by the number of building permits issued, saw the second-highest number between 2010 and 2019, with permits for 5,221 units. Affordable housing production doubled from 2018 numbers to a total of 940 affordable housing units. Other highlights from the report include the San Diego Housing Commission preserving or rehabilitating 707 at-risk affordable housing units; updating community plans to increase capacity for 74,000 additional units; permitting 627 "companion" units; and 273 affordable units are being produced as part of the city's affordable housing density bonuses. . CP&DR Podcast: Race & Planning in California CP&DR welcomed a panel of Black planners to share their personal perspectives on the current historical moment and on the future of planning in the era of Black Lives Matter for the CP&DR podcast . Issues including segregation, economic disparities, environmental justice, housing justice, and a great many others fall within the purview of urban planning. Planners face, more so now than ever before, the opportunity not only to promote equity but also to correct historic injustices--especially those that marginalize and disadvantage Black Americans. . Quick Hits & Updates The Department of Housing Community Development sent a letter to Simi Valley warning that the city must resume public hearings on land use items or risk a revocation of the city's housing element compliance. The letter marks the third time that the state has sent a notice of potential Housing Accountability Act violations to Simi Valley. At the center of the violation is the continued delay in approval for a proposed 278-unit apartment complex with affordable housing. Inglewood's City Council voted unanimously to approve the environmental impact report for the future Clippers ' arena. The approval comes seven after the release of the report, which found that the Inglewood Basketball and Entertainment Complex would bring traffic and jobs to the area while ruling it would not contribute to gentrification of its surrounding neighborhood. Federal prosecutors have brought new bribery and money laundering charges against Los Angeles City Councilman Jose Huizar, who was arrested and charged with racketeering in June. The new changes expand on earlier allegations that Huizar aided real estate developers in exchange for bribes to include political donations as part of a bribery scheme to win approval for an Arts District project, and a proposed arrangement with a development company to hire the councilman after he left office. Two separate plans for 1,000-plus new single family homes in Antioch and Pittsburg received key approvals to move forward. With 1,777 homes, the Atherton subdivision is the biggest single residential development the city has approved (and did so unanimously) in 10 years. In a more contentious proceeding the Pittsburg Planning Commission approved a 1,500 home project that had been in the planning stages for over 10 years by a one-vote margin. The city of Arcata and the Yurok Indian Housing Authority announced an affordable housing project is now fully funded after securing an Affordable Housing and Sustainable Communities award grant--the first of its kind to be awarded to a Native American Tribe. The grant will fund the construction of 36 units of affordable housing in additional to several bicycle lanes, accessible walkways, a one-mile multi-use trail, and a pedestrian bridge that will connect tribal residents to surrounding neighborhoods. In a deal rich with historic significance, the Esselen Tribe of Monterey County closed escrow to purchase 1,199 acres in Big Sur as part of a $4.5 million acquisition of tribal lands. It represents the first time that the Esselen Tribe has regained any of its former territory more than 200 years after being stripped of their land in the late 1700s. Tribal leaders say they plan to build permanent homes or businesses on the property. Dublin , California's fastest growing city, rejected a mixed-use project that would have added 566 homes. After years of the developer working with the city, holding meetings to hear from the community and modifying plans, the council rejected the proposal outright, saying the project wasn't a good fit for Dublin. The Torres Martinez Desert Cahuilla Indians want to build an 8,400-bed prison on its remote reservation next to the Salton Sea and lease it to the state. The $2 billion project would be the largest prison in California, and one of the largest in the country. Under the proposal, the state and then staff would run the facility and pay the tribe an annual rent of nearly $175 million. The project would bring at least 2,000 jobs and more financial security to the tribe. San Francisco supervisors delayed approving 15 parcels in a major rezoning plan known as 'The Hub' that is expected to bring thousands of new housing units. The plan will be on pause for six months while City Hall conducts a racial and social equity analysis that looks at the potential for increased pressure on the roughly 21,000 existing rent-controlled units in the area. Three major Hub projects will move forward, including a 31-story residential building, a 45-story mixed-use building, and a 55-story project. Los Angeles County is considering using parks and libraries as alternative learning for students while school campuses are closed amid the COVID-19 pandemic. The proposal asks the Department of Parks and Recreation to report back to the Board of Supervisors to provide staffing, supervision, and programming to children in unincorporated areas of the county. A federal judge rejected an environmental group's lawsuit challenging the amount of toxic chemicals found in groundwater around Vacaville. The district court judge ruled that the group attempted "to stretch the statute well beyond its application." The city had been preparing to pay for additional treatment of groundwater, but shelved those plans after a 2014 state court decision.
- Podcast: What's It Like To Be A Black Planner In California?
The death of George Floyd and the strengthened, nationwide interest in the Black Lives Matter movement has naturally and crucially highlighted urban inequities. Issues including segregation, economic disparities, environmental justice, housing justice, and a great many others fall within the purview of urban planning. Planners face, more so now than ever before, the opportunity not only to promote equity but also to correct historic injustices--especially those that marginalize and disadvantage Black Americans. The fulfillment of these goals of course involves Black planners. And it calls upon planners of all backgrounds to support the Black community. CP&DR welcomes a panel of Black planners to share their personal perspectives on the current historical moment and on the future of planning in the era of Black Lives Matter. For access on other platforms, including Spotify, please visit https://anchor.fm/calplan Panelists Courtney Brown , Planning Associate, Michael Baker International Warren Logan , Policy Director of Mobility and Inter Agency Relations, City of Oakland Eric Shaw , Director of the Office of Housing and Community Development, City & County of San Francisco Hosts Bill Fulton , Publisher & Editor, CP&DR Josh Stephens , Contributing Editor, CP&DR Related CP&DR Coverage & Commentary Podcast: SCAG President Rex Richardson on Regional Planning and Social Equity We Must Do Better Do Black Lives Matter to Homeowners? Editor's note: Linda Tatum, asst. city manager with the City of Long Beach, was scheduled to participate but had an unexpected conflict.
- CP&DR News Briefs August 4, 2020: Flood Risk; Housing Crisis & Planning; San Diego Housing Bond; and More
State Flood Maps May Have Blind Spots; 1.1 Million Properties at Risk Northern California--where most of the state's water supply originates--has been exceptionally dry this year, part of an unfolding decades-long "megadrought" affecting much of the West. While the focus of attention is naturally on managing drought, two new studies suggest that flood maps vastly underestimate the state's flood risk. Most major floods in California are associated with atmospheric rivers, or narrow concentrated bands of atmospheric moisture, that produce prodigious amounts of rain. A new study suggests warming atmospheric rivers--a result of climate change-- will dramatically increase both intensity and volume of precipitation. Warmer storms produce less snow and more rain, adding to potential runoff. The combined effect could overwhelm levees on rivers and storm water management in cities. A second study by the First Street Foundation presents new estimates of current and future flood vulnerability across the US with updated models and a better accounting for climate change and sea level rise. The takeway from this work is that the state and its federal partners may have underestimated the number of properties at substantial risk of flooding by half. The study estimates 1.1 million properties are at risk, and another 150,000 properties will join them in the next 30 years. Calif. Planning Roundtable Envisions Solutions to Housing Crisis The California Planning Roundtable (CPR) released a roadmap Planning to House California: Beyond 2020 exploring ways cities and counties can create favorable conditions for increased housing production. The first principle--start with a plan--recommends allowing for flexibility within an objective framework. I.e., cities should (and must under SB 35) require objective design guidance for building form and site design, but allow for variation of density and scale in different contexts. The report recommends cities to embrace and zone for housing in all forms: rather than focus on housing type when crafting zoning laws, metrics like floor-area ratios or units per acre opens up a wider range of possibilities. With those standards in place, cities can then facilitate by-right housing and use CEQA for streamlining housing projects. The adoption of by-right zoning means that housing projects are ministerial in nature and not subject to CEQA review. Finally, the authors address how to pay for the infrastructure and amenities that complete communities. Impact fees, a common mechanism, are often high at the margin, do not raise sufficient revenue, and exacerbate the housing affordability challenge. CPR sees a need for more funding tools from the State and fiscal incentives for cities that meet RHNA housing goals. San Diego Places $900 Million Housing Bond on Ballot The San Diego City Council voted to place an affordable housing bond on the November ballot, but rejected measures for publicly financed elections and for pro-union construction deals. The $900 million housing bond measure would pay for the construction of roughly 7,500 new affordable housing. 2,800 of those units will be for the formerly homeless, while the rest would be for veterans and senior citizens. In addition to the local money it would raise, the measure would help San Diego secure matching state and federal funds devoted to homelessness and affordable housing. If passed, the measure would cost homeowners approximately $115 more per year. Supporters of the publicly financed elections measure said the goal was reducing the influence of developers and labor unions on city elections. Supporters withdrew, without comment, the proposed ballot measure that would have reversed a partial city ban on "project labor agreements," or pro-union construction deals. CP&DR Coverage: SB 35 Draft Implementation Guidelines Among both litigation and confusion, the Department of Housing and Community Development has issued updated draft guidelines for cities and counties to implement SB 35, as well as an updated list of jurisdictions that are required to adopt what HCD is calling the “Streamlined Ministerial Approval Process”. About 95% of the state’s jurisdictions must accept SB 35 applications for at least some projects. Quick Hits & Updates A California Court of Appeal issued an opinion finding no merit to a lawsuit alleging that the City of Santa Monica's at-large elections system violated the California Voting Rights Act by diluting the Latino vote. The ruling reverses a lower court opinion that favored the plaintiffs and ordered the city to switch from at-large to by-district elections. The Court of Appeal noted that even if the city switched elections, the 30 percent Latino population would fail to win a majority. Preserve Our Rural Communities, a grassroots organization in San Benito , has ended a ballot measure campaign for an initiative that would have overturned the city's decision to rezone 16 rural/agricultural zones to commercial zones. One of the bill co-sponsors cited the pandemic and "uncertainty about our economic future" as reasons to table the initiative. Building on the success of Project Roomkey , HCD has announced a NOFA for $600 million in Homekey Funds. Homekey is the next phase in the state's response to protecting Californians experiencing homelessness who are at high risk for serious illness and are impacted by COVID-19. The funds will go toward purchasing and rehabilitating housing that can be converted into interim or long-term housing. Three Palo Alto City Council members are requesting that the state reconsider its requirement that the Bay Area roughly double the number of housing units in the next RHNA cycle. The letter, which argues the process is moving too fast and that the numbers are too aggressive, responds to a June 9 determination by HCD that the Bay Area has to plan for 441,176 units between 2023 and 2031. Coronado's bid to lower its RHNA allocation failed after five San Diego County jurisdictions voted down the city's appeal, with 55 percent voting against Coronado. The city was assigned 1,001 new housing units, up 2,000 percent from the previous cycles. Sacramento County l eaders dropped their plans to put a half-cent transportation sales tax on the November ballot after a poll showed the measure was unlikely to pass. Measure A was projected to raise $8 billion over 40 years for road and transit improvements. Officials cited the economic effects of the coronavirus pandemic and social unrest following police protests. A controversial inspection plan for San Onofre's nuclear waste was given the green light by the California Coastal Commission. The approved inspection plan, which calls for 16 percent of the 73 storage containers to be inspected for cracks, means more than 1,700 tons of nuclear fuel will remain housed behind a seawall just off the coast. Sacramento's housing authority has agreed to pay $7,500 for violating the Fair Housing Act under a settlement agreement with the U.S. Department of Housing and Urban Development. The agreement resolves allegations that staff acted unlawfully when they delayed installing grab bars in a unit in response to the tenant's request. Agency employees will undergo mandatory training on fair housing as part of the agreement. In a blow to the Trump administration, a federal district court judge ruled that California's cap-and-trade agreement with Canada's Quebec province is constitutional. The decision said the Trump administration had "failed to identify a clear and express foreign policy that directly conflicts with California's cap-and-trade program." The agreement between California and Quebec to link markets that aim to cut greenhouse gas emissions dates back to 2013.
- Revised SB 35 Guidelines Near Completion
Among both litigation and confusion, the Department of Housing and Community Development is almost done updating its SB 35 guidelines, as well as an updated list of jurisdictions that are required to adopt what HCD is calling the “Streamlined Ministerial Approval Process”. The deadline for comments on the draft guideline is tomorrow (Wednesday, August 5). About 95% of the state’s jurisdictions must accept SB 35 applications for at least some projects.
- L.A. Must Surrender Proposed "Highland Park City Hall"
The City of Los Angeles must offer to sell an historic bank building in the Highland Park neighborhood to its previous owner because the city did nothing with the property for 10 years after taking it in an eminent domain process, an appellate court has ruled.
- CP&DR Vol. 35 No. 7 July 2020
CP&DR Vol. 35 No. 7 July 2020
- CP&DR Vol. 30 No. 7 - July 2015
CP&DR Vol. 30 No. 7 - July 2015
- CP&DR News Briefs July 28, 2020: Plan Bay Area; Caltrain in Peril; Clean Water Act; and More
The Metropolitan Transportation Commission and the Association of Bay Area Governments released the Plan Bay Area 2050 Draft Blueprint , a "package of 25 transformational strategies that aim to make the Bay Area more affordable, connected, diverse, healthy, and vibrant for all." Strategies are either public policies or packages of investments that could be advanced on the local, regional or state levels in four "topic areas": Transportation, Housing, Economy, and Environment, with expected revenues of $783 billion from 2021 to 2050. Under the plan, over 75 percent of transportation spending would go toward maintaining the existing system; 97 percent, or $166 billion of the housing budget, would fund affordable housing production, envisioning up to 400,000 “permanently affordable” units; $33 billion for expanded childcare support, and a $53 billion environment budget distributed approximately evenly for adaptations to Sea Level Rise, retrofitting existing buildings, and protecting conservation lands. The Blueprint projects the continuation of a downward trend in housing and transportation cost burden, anticipates preserving 100 percent of the area's affordable housing, and increased investments in high-resource areas that will benefit low-income households. . Ballot Measure Controversy Imperils Caltrain A ballot measure that would keep Caltrain afloat amid plunging ridership may not make it on the November ballot, spurring fears that the system may be forced to shut down for lack of funding. The San Francisco Board of Supervisors declined to introduce a 1/8-cent sales tax measure that would have raised $100 million a year. Caltrain's board says it will have to consider "serious cuts in service" unless it receives a major cash infusion or can restore roughly 30 percent of riders by the end of year. The measure is in a political tug-of-war: San Francisco Supervisors want more control of Caltrain's leadership and operations, with one supervisor calling additional funding "taxation without representation." But the board's decision not to introduce the tax measure doesn't necessarily kill it. Supervisor Matt Haney is attempting to revive the tax proposal. Alternatively, the Board of Supervisors could take it up as an emergency measure that would require a two-thirds majority to move forward. Under board rules, that action would have to be taken by July 31. California Pushes Back on Weakening of Federal Water Regulations California joined 19 other states and the District of Columbia in a suit against the Environmental Protection Agency, alleging that the agency's new rules violate the federal Clean Water Act and decades of precedent. President Trump in 2019 issued an executive order directing the change, which reduces the scope and time for review than typically occurs before infrastructure projects like natural gas and oil pipelines, hydroelectric projects, housing and commercial land development, and wastewater treatment plants. The rule applies to all projects requiring federal approval that may result in the polluting of waterways. States were required to certify that the projects satisfied state law and water-quality standards. An attorney at the Natural Resources Defense Council said the rule "eviscerates" states' ability to influence hundreds of projects each year. The EPA said in a statement, "the agency's final rule increases the transparency and efficiency of the certification process." The changes are among several steps the Trump administration has taken to roll back the Clean Water Act, including ending federal protection in January for millions of miles of waterways. (See related CP&DR coverage .) Federal Regulators Complicate Dam Removal Plan on Klamath River Plans to demolish four massive hydroelectric dams on the Klamath River are in jeopardy after federal regulators declined to approve a license transfer that was a precondition of a deal struck between the PacifiCorp power company and Klamath River Renewal Corporation. PacifiCorp wants to sever itself from the any costs associated with the dam, but regulators are making it a condition that PacifiCorp stays on as a co-licensee. That could jeopardize the entire deal because PacifiCorp's removal was an element necessary to gain the support from public utility commissions in both Oregon and California. The project, estimated at nearly $450 million, would reshape California's second-largest river and empty giant reservoirs. It could also revive dwindling salmon populations the Northern California Indians depend on by reopening hundreds of miles of potential habitat. The transfer of PacifiCorp's hydroelectric license was seen as the first major hurdle to getting the dams removed. Federal regulators must also approve a request to decommission the dams before work can begin, possibly as early as 2022. CP&DR Coverage: Regional Planning & Social Justice Immediately upon his election to the presidency of the Regional Council of the Southern California Association of Governments in June, Long Beach City Council Member Rex Richardson proposed a resolution to declare racism a public health crisis and, therefore, a top priority for SCAG. The resolution was adopted nearly unanimously, setting the tone for an agenda focused on equity and social justice. CP&DR's Josh Stephens spoke with Richardson about his agenda and the role that a regional planning organization like SCAG can play in reducing racism and lifting up disadvantaged communities on the CP&DR podcast. Quick Hits & Updates Construction can begin on a 20-story apartment building in San Diego's Bankers Hill now that a Superior Court Judge tossed out a lawsuit that claimed the project harms community character and blocks views. The judge's ruling on the 204-unit building could discourage similar lawsuits by groups of residents who oppose tall buildings and dense housing in their neighborhoods. The Department of Housing and Community Development awarded more than $279 million from the Infill Infrastructure Grant program for infrastructure to support the development of affordable and mixed-income housing. The awards will fund projects like new water and sewer lines, new curbs and gutters, soil stabilization, and grading improvements. Apple will release $400 million this year toward affordable housing projects and homeowners assistance programs in California as part of the company's multiyear $2.5 billion commitment to easing the state's housing crisis. Projects launching this year include four projects throughout the Bay Area that will create more than 250 new units of affordable housing. Lake Tahoe's Squaw Valley ski resort is considering changing its name to remove the word "squaw," a derogatory term referring to Native American women. Regional California tribes have asked for the name of Squaw Valley Ski Resort to be changed numerous times over the years, but the idea is now gaining momentum amid a national reckoning over racial injustice and inequality. Grants and loan opportunities offered on a competitive or first-come basis by California state agencies and departments can now be accessed at the California Grants Porta l, a tool created by the California State Library. Grants are searchable by category and keywords as well as by eligible applicant types. Subscriptions and new grant announcements are also available. HCD has released its Notice of Funding Availability calendar for the 2020-2021 fiscal year. Nearly $2 billion in state and federal funding will become available in the next 12 months to address housing, homelessness, COVID-19 response, and community development. Two federal CARES Act NOFAs, totaling $60.7 million will be available for the Emergency Shelter Grant and Community Development Block Grants programs. The Public Policy Institute of California issued a recommendation that forest management should be part of any economic recovery bill that aims to invest in workforce development and infrastructure. The recommendation follows a recent MTI report that outlines a host of environmental benefits from improved air and water quality to the potential to employ thousands of workers in region in low opportunity regions. A ballot measure that would block hotel development on a vacant parcel in St. Helena may be tossed out by City Council despite garnering enough signatures to make the ballot. A city attorney report says the measure is too vague, and falls short of the legal standard required under California Law. Developers have offered as much as $20 million to buy the property from the city. Caltrans has agreed to lease state-owned land adjacent to Interstate 15 to Xpress West, a significant milestone toward plans to build 170 miles of electric rail that would connect Las Vegas and Apple Valley in San Bernardino County. Prior to the coronavirus pandemic, construction was expected to begin on the rail line later this year. Completion is expected in 2023. South El Monte and Montebello both had their housing plans approved by the Department of Housing and Community Development. Montebello, which hasn't had a state-approved housing plan since 1997, identified a number of vacant commercial and industrial sites to be used for housing. South El Monte's housing plan imposes minimum density standards of 20 units per acre for all commercial-residential zoned properties. A state audit of HCD's mobile home oversight found the department failed to conduct full inspections at more than half of California's mobile home parks over the last decade. In addition to finding inadequate inspection rates, the auditors said inspectors were unresponsive to complaints, often did not share important information, and failed to tell residents about their rights and resources available to them that may have prevented evictions.
- San Francisco Sets Aside Rancor to Support Housing at Potrero Power Station
San Francisco is known for agonizing battles over infill development despite the obvious demand for new housing. But, with a rare brownfield site, stakeholders seem to have buried the hatchet to support housing in a place that everyone agrees makes sense.
- Podcast: SCAG President Rex Richardson on Regional Planning and Social Equity
Immediately upon his election to the presidency of the Regional Council of the Southern California Association of Governments in June, Long Beach City Council Member Rex Richardson proposed a resolution to declare racism a public health crisis and, therefore, a top priority for SCAG. The resolution was adopted nearly unanimously, setting the tone for an agenda focused on equity and social justice. CP&DR's Josh Stephens spoke with Richardson about his agenda and the role that a regional planning organization like SCAG can play in reducing racism and lifting up disadvantaged communities. Click here to listen on Spotify, Google Podcasts, and other platforms. Related CP&DR Coverage SCAG Shifts Housing Burden to Coastal Cities
- NEPA Changes Will Put More Pressure On CEQA
The Trump Administration is moving forward with a major narrowing of the National Environmental Policy Act, a move that will cause NEPA to diverge sharply from its sister law, the California Environmental Quality Act – and potentially put more pressure on CEQA for large infrastructure projects.
- CP&DR News Briefs July 21, 2020: Los Altos Fights SB 35; S.F. Housing Ballot Measure; High Speed Rail to S.F.; and More
Los Altos Fights Against Housing Obligations under SB 35 The Los Altos City Council voted unanimously to appeal an April court ruling that the city unlawfully rejecting a project that sought approval under SB 35. If upheld, Los Altos would be forced to approve a building with 15 residential units--including two low-income units--and ground floor office space. (See CP&DR 's coverage of the Los Altos case and SB 35 battles in Silicon Valley here .) "While the City Council recognized and is supportive of state-wide efforts to increase the supply of housing, this oversized, 5-story mixed-use project... does not comply with downtown zoning requirements," Los Altos officials wrote in a news release. The judge who ruled on the case found Los Altos acted in bad faith. In its news release, the city proposed working with the developer to come up with an alternative project better suited to the site. A representative from California Renters Legal Advocacy Fund expressed surprise at the city's decision to appeal. "I thought the trial court ruling here was very clear, and that the requirements of state law were very clear." The case could have broad implications for other cities, developers, and courts grappling with how to apply SB35, projects like the redevelopment of Vallco Shopping Mall in Cupertino. The city's appeal will freeze enforcement of the judge's order, which means for now the project remains on hold. San Francisco Considering Ballot Measure to Create 10,000 Affordable Housing Units A proposed ballot measure that would create 10,000 permanent units of affordable housing in San Francisco is gathering support among the Board of Supervisors. Because of Article 34, a 1950 California law that states no "low rent" housing development without a voter majority, voters will need to approve the units to move forward. (A repeal effort has been launched by State Senators Ben Allen and Scott Weiner and will be on the November ballot this year). If approved, Preston plans to finance the affordable housing project through the revenue generated by a proposed increased real estate. The tax is also on the November ballot. This measure would increase the tax on real estate sales greater than or equal to $10 million from 3 percent to 5.5 percent. For sales equal to or above $25 million, the tax would increase from 3 percent to 6 percent. State Releases Vision for Bay Area Segment of High Speed Rail The California High Speed Rail Authority rolled out further details for its vision for high-speed trains between San Jose and San Francisco, though funding remains largely an open question. CAHSR is calling for 220-mph trains from the Central Valley to the Peninsula. Service between the Bay Area's largest cities, scheduled to begin in 2031, is expected to take less than 45 minutes, including the stop in Millbrae near San Francisco International Airport. The details are part of an environmental review for the Bay Area segment of the Los Angles-to-San Francisco project. The new document identifies a range of impacts the line could have on the area. Rail officials ultimately decided to share existing tracks with Caltrain through the densely populated Peninsula area. Even so, as many as 62 homes and 202 business may have to be displaced to upgrade the tracks and build new infrastructure, according to the report. The high-speed train, which will run in close coordination with Caltrans, will run twice an hour during peak times, and eventually four times an hour, officials say, at a cost slightly than Caltrain's at $10.50 a ride. Caltrans Plan Promotes Active Transportation Statewide Caltrans released Toward an Active California , its first-ever statewide bike and pedestrian plan . The plan's stated vision is that "by 2040, people in California in California of all people in California of all ages, abilities, and income can safely, conveniently, and comfortably walk and bicycle for their transportation needs. That would be a dramatic change for California communities. The plan acknowledges that Caltrans can't reach its goals alone and and lacks the jurisdiction to implement local policies; it can, however, influence infrastructure decisions made at the local level and provide expertise when local departments are understaffed or need assistance. The plan's four overarching objectives are safety, increasing walking and bicycling mode shares, maintaining high quality infrastructure, and investing in communities that are most dependent on active transportation and transit. Caltrans hopes to double the number of trips made by walking, triple those made by bike, and double transit use by the end of this year. All of this should be helped by the recent passage of S.B. 1, which will bring an influx of cash for repairing and maintaining roads. National Update: Feds May Weaken National Environmental Regulations President Trump announced that he will attempt to roll back National Environmental Policy Act rules, which give the public the right to review and comment on a project's environmental impact before it can move forward. Among the major proposed changes: the rule will allow agencies to exempt categories of activities that do not require environmental assessment, and caps environmental impact reviews to one or two years. It also eliminates the need for agencies to analyze a project's indirect or "cumulative" effects on the environment and specifying that they are required to only analyze "reasonably foreseeable" impacts. The s revisions, if they hold up in court, are expected to lead to more permitting for pipelines and other projects that worsen greenhouse gas emissions. The final rule is not likely to be safe from the Congressional Review Act, which Congress can overturn a federal agency's rule-making, and under federal regulatory law, a Democratic president and Congress could eradicate the NEPA rollback with simple majority votes on Capitol Hill and the president's signature. (See CP&DR commentary .) CP&DR Coverage: Equity & Regional Planning Immediately upon his election to the presidency of the Regional Council of the Southern California Association of Governments in June, Long Beach City Council Member Rex Richardson introduced a resolution to declare racism a public health crisis and, therefore, a top priority for SCAG. The resolution was adopted nearly unanimously, setting the tone for an agenda focused on equity and social justice. Quick Hits & Updates California's last redevelopment agency, the Ford Ord Reuse Authority was officially disbanded, leaving thousands of acres of undeveloped land to individual jurisdictions. Several abandoned Army buildings remain, but funding has dried up due to the coronavirus pandemic. Originally, the agency had planned to build housing on a large scale, but plans were scaled back. Nevertheless, the director pointed to several successes: the Fort Ord State Park, the cleanup of thousands of acres of land, and the establishment of a Veterans health care facility. (See prior CP&DR coverage .) Appealing a June court ruling that struck down San Diego County's Climate Action Plan would be "throwing good money after bad," said one of several Board of Supervisors who have spoken out against defending the plan again in court. The Board voted unanimously in a closed session to decline to appeal the case, ending a nearly decade-long court battle that has cost the county nearly $1 million. In a bid to make rail transit systems car-free, as opposed to a car-less leg of a commute, the Foothill Gold Line Construction Authority announced plans to cut the total number of parking spaces at its five stations by just over 1,600 spaces. LA Metro, which will operate the line, directed the authority to reduce parking to make the land available for housing construction down the road. The authority will collect feedback before finalizing plans, which will then undergo environmental review. To combat housing discrimination and affirmatively further fair housing, the Department of Housing and Community Development has identified a multi-pronged approach that includes recommendations and action steps to address the 10 impediments to fair housing choice identified through the 2020 AI process. The recommendations and action steps outlined in the Final 2020 AI will inform HCD's efforts to affirmatively further fair housing, following guidance from state fair housing law, including Assembly Bill 686. A judge ruled that the City of Salinas acted legally when it refused a church's request to move across the street to a larger building that would accommodate a growing congregation. Salinas had zoned the street in question as retail-only to revitalize downtown. The case is a test of the relatively new Religious Land Use and Institutionalized Persons Act passed in 2020, prohibits local governments from implementing zoning and other land use regulations that place a "substantial burden" on a religious organization. The Costa Mesa City Council backed away from approving a ballot proposal that would loosen Measure Y, a 2016 initiative requiring voter approval of development projects that meet at least one of a host of requirements, to exempt affordable housing projects or create geographic areas of exemption. Instead, the city will form a citizens advisory group tasked with creating a consensus about how to accommodate growth in the face of steep housing goals. A new $2-billion plan for property near the intersection of Wilshire and Santa Monica boulevards, next to the Beverly Hilton, would transform a key stretch of Beverly Hills . The complex, called One Beverly Hills would feature 8 acres of gardens and water features, the bulk of which would be open to the public. There would also be a 10-story ultra-luxury hotel building, and 340 residences in two towers as high as 32 stories. A Supreme Court decision has solidified Native American tries' right to first priority of Klamath River water. Tribal officials say dams in the river. Farmers who divert water from the Klamath sued the federal government in 2001; an appeals court decision to reject the farmers' claim guarantees that the Hoopa, Yurok and Klamath tribes have enough water to ensure that fish populations remain alive. Los Angeles City Council passed a $100-million rental assistance package that would provide up to $2,000 in rental assistance for low-income households that can prove they've been affected financially or had health problems due to COVID0-19. While the relief effort is the largest passed in the country to date, experts say it falls short. According to an estimate by UCLA's Luskin Institute on Inequality and Democracy, about 365,000 households countrywide have lost their jobs, do not qualify for unemployment, and are at risk of losing their homes once anti-eviction moratoriums expire. A High-Speed Rail Authority director is pushing back on an L.A. Times story that framed a $1.6 billion contract delay as a regional food fight. Boris Lipkin, Northern California Regional Director says the decision to delay is actually twofold: the pandemic spooked bidders, who asked for more time to evaluate the market. Secondly, if Democrats sweep in the 2020 election, the project could see an influx of cash like the $3.5 billion the Obama Administration provided in 2008. Mayors in Los Angeles, Oakland, Stockton, Compton, and five other U.S. cities said they will work to launch a universal basic income pilot program. The coalition, named Mayors For A Guaranteed Income, was founded by Michael Tubbs, the 29-year-old mayor of Stockton who launched a UBI pilot last year that gives $500 monthly to 125 residents. Tubbs said the pandemic and the unrest caused by the death of George Floyd pushed him to announce the coalition now. A toll increase for seven Bay Area bridges did not require the two-thirds majority needed for a tax increase, a state appeals court ruled. The increase was approved by 55 percent of the voters on the local ballot in 2018. An anti-tax group sued, arguing that the toll was a local tax because it funds programs that would benefit the general public. California allows the state to charge fees to users of state property. Bridge tolls are a fee for "entrance to or use of state property," and therefore are not a tax, the presiding judge said in the 3-0 ruling. Under a $14 million deal secured by the Northern Sierra Partnership, nearly 3,000 acres of rugged forest land north of Lake Tahoe will be preserved . The land was owned by a patchwork of timber companies and other private owners that were willing to sell. California's state parks department has all but stopped acquiring new land in the last decade, leaving the land open to potential development by private buyers. The purchase is part of a multi-year effort funded by Silicon Valley tech leaders to acquire 100,000 acres between Lake Tahoe and Mount Lassen for wildlife, public use, and water conservation. Two powerful environmental activist groups have filed a joint petition to protect Quino checkerspot butterflies under the California Endangered Species Act. With urban sprawl, the butterfly has lost more than 75 percent of its historic habitat, and is now found only in southern San Diego County and southwestern Riverside County in the United States. Several major developments totaling more than 6,500 acres and several miles of President Donald Trump's border wall are planned on the butterfly's dwindling habitat.


