The Superior Court rejected San Diego County’s most recent climate action plan to control greenhouse gas emissions. The court ruled that the climate action plan did not fulfill the county’s pledge to meet the greenhouse gas emissions reduction goals laid out by the Air Resources Board. The court tentatively ruled that San Diego County’s Climate Action Plan (“CAP”) was invalid and ordered the county to stop using Mitigation Measure M-GHG-1, which required the county to effectively reduce emissions to achieve a target of either “no net increase” or “net zero.” The superior court CAP invalid because the plan partially relied on offsetting greenhouse gas emissions from developments by relying on offset carbon credits bought outside the County and the State of California. The judge ruled that the county’s out-of-county carbon offset provision conflicted with the County’s General Plan and that the plan allowed out-of-county offsets without adequate analysis, violating the California Environmental Quality Act. This judge also issued a permanent injunction that prohibits development projects relying on the program set forth in the M-GHG-1 mitigation measure. The ruling stalls nearly 10,000 units of county-approved projects that rely on carbon credits to reach emission targets, including the Newland Sierra, Warner Hills Ranch, and Lilac Hills Ranch developments. “It’s going to be massively curtailed because those projects that have already been approved now have a permanent injunction,” Sierra Club president Peter Andersen told KPBS. “The Board of Supervisors have to get serious about a real climate action plan that conforms with California law.” The ruling marks the third time that San Diego’s climate action plan has been rejected by courts. The county can appeal the ruling. Bay Area Leaders Recommend Housing Fixes and New Agency San Francisco Bay Area leaders, including mayors, developers, and transit officials, have drafted an aggressive plan to address the Bay Area’s housing crisis with a series of tax and legal initiatives.  The group, the Committee to House the Bay Area (CASA) has proposed combining a regional rent cap, new property taxes, laws against arbitrary evictions, and loose zoning near transit centers. CASA also recommends creating a new agency with taxing authority to implement their recommendations. CASA is promoting the development of 35,000 homes a year, mostly intended for low- to moderate-income families. It also supports the preservation of 30,000 existing affordable housing units and 300,000 low-income households currently a risk of displacement. Public sentiment regarding CASA’s recommendations was more divisive: while some speakers at the Dec. 11 meeting entirely supported the plan, others criticized the committee for favoring big cities, developers, and tech companies. Some policymakers have expressed confidence that the CASA plan will inspire legislation in Sacramento this year. Water Boards Release Plan to Counter Possible Weakening of Clean Water Act  The State Water Resources Control Board  released  a final draft of the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State intended to address environmentally sensitive undeveloped areas such as wetlands, streams and rivers, as well as bays and estuaries. The draft procedures contain important enhancements designed to protect and enhance ecologically sensitive areas where water exists and bring consistency to regulatory efforts by the State Water Board and nine Regional Water Quality Control Boards, while providing a common framework for monitoring and reporting water quality of remaining wetlands in California. As drafted, these Procedures clarify what is considered a wetland – and what is not. Because of past land development, the state has lost nearly 90 percent of state wetlands, with as much as 95 percent of historic coastal wetlands now gone. These draft Procedures provide much needed protection for California’s remaining wetlands. The draft Procedures are based in large part on the scientific documentation and conclusions supporting the existing US Army Corp of Engineers’ definition of a wetland. In arid portions of the state, the State Water Board’s proposed definition would protect non-vegetated wetlands (mudflats, playas, etc.) that otherwise would not be covered under federal jurisdiction. The State Water Board’s proposed definition clarifies that vegetated and unvegetated wetlands be regulated in the same manner. Waters of the state, are by definition, broader than water of the U.S. These draft procedures do not change that. The procedures are designed to ensure that the water of the state will continue to be protected if the federal waters of the U.S. protections are limited. Los Angeles Metro to Recommend Congestion Pricing Los Angeles Metro CEO Phil Washington announced plans to recommend “some form” of congestion pricing to the agency’s board of directors. This announcement to the agency’s congestion, highways, and roads committee followed his mid-December endorsement of congestion pricing. Washington argued that charging drivers during peak periods would both ease traffic and reduce the city’s carbon emissions. Washington also recommended reallocating toll funds to accelerate public transportation projects and subsidize free fare on Metro public transit. Committee chair John Pasana highlighted the popularity risks of charging commuters new fees. UCLA urban planning professor Michael Manville endorsed the plan, citing the historical success of congestion pricing in cities like London, Stockholm, and Singapore. Addressing criticisms that the policy unfairly benefits wealthy drivers, Manville suggested setting aside revenue to assist poorer commuters. No United States urban area has yet attempted congestion pricing, though New York Governor Andrew Cuomo suggested that a similar plan may be approved for New York City this year. Quick Hits & Updates  Los Angeles Metro announced it has a signed letter of intent with Aerial Rapid Transit Technologies to build an aerial tram running between Union Station and the Dodger stadium. The letter will now allow the agency and company to negotiate in order to allow the proposal to move forward. ARTT estimated it would cost approximately $125 million to build and would have the capacity to move thousands of people every hour. The project is on track to open by 2022. The Sacramento City Council approved a procedural vote that would allow the Kings to pay off the remainder of a 20-year-old loan for the development of its their former venue, Sleep Train Arena, in the coming weeks. The final $30 million payment will give the Kings formal title to the Sleep Train Arena site and allow the team to move forward with their plans to subdivide the 185-acre site for redevelopment. San Francisco has created the world’s first transgender cultural district, Compton’s Transgender Cultural District. Originally a 12-story project was proposed in the area which activists pushed to stop. After reaching an agreement, the developer agreed to pay $300,000 to establish the district which includes a community center. In November, the city passed a proposition for a percentage of existing hotel tax to go to arts, with $3 million specifically designated for cultural districts.   The Department of Transportation announced a $15 million grant to the City of San Francisco for its Better Market Street , a $604 million project that will bring pedestrian, bicycle, and public transportation improvements to 2.2 miles of Market Street. Phase 1 of the project will cost $71.5 million and focus on the stretch between Sixth and Eighth streets. Improvements will include roadway resurfacing, streetcar track replacement, new and upgraded traffic signals, and a new F-line streetcar turnaround loop at McAllister and Seventh streets. The City of San Jose City Council passed an ordinance that requires electric scooter providers to implement geofencing, or a similar traffic safety technology, by July 1 in order to continue operating in the City. Geofencing would create a virtual boundary that either slows e-scooters down to 5 mph or halts them on certain pedestrian-dense sidewalks downtown and near transit stops. San Francisco Supervisors delayed voting on whether to charge tolls up to $3.50 to enter and exit Treasure Island. The plan was opposed by residents and merchants, although transit officials say it is necessary to prevent gridlock on the Bay Bridge. A development project broke ground two years ago is expected to bring 8,000 new homes to the island, along with shops, sports complexes, and a ferry terminal. The project would raise the population from 1,800 residents to 24,000 by 2035. California Coastal Commission approved , 6-3, a controversial land swap that would eventually restore 150-acre Long Beach oil fields to its natural state as part of the Los Cerritos Wetlands. Synergy Oil would eventually stop operations and hand over the land, but won permission with Beach Oil Minerals to replace 74 old wells on the land with 120 new wells at two nearby plots totaling 12 acres. Despite a smaller location, oil production could increase 80-fold. Three more state and federal permits are needed for the project to proceed, but Coastal Commission approval has been considered the highest hurdle. El Dorado County Judge Thomas A. Smith issued a temporary block on a South Lake Tahoe ballot measure that would put restrictions on the number of people who could stay in vacation rentals. The Measure T passed narrowly in November and would limit vacation rentals to two people for every room with a cap of 12 people total. The block prevents the city from enforcing the measure for the next 30 days. BART estimates an approximate $4 million loss in fares and a 10 percent drop in rides to and from SFO in the past year. BART attributes some of the decline to the use of transportation network companies like Uber and Lyft. In response, BART has launched the yearlong trial of an app that includes a 25 percent discount for groups of at least two. The  San Jose City Council approved a proposal to construct 80 tiny homes at two locations to serve as temporary shelters for homeless people. The pilot program would run through at least January 2022. The tiny homes would have 80 square-feet of interior space (although some have 120 square-feet for those with disabilities) with a twin bed, storage, light, power outlet, and a lockable door. The nonprofit organization HomeFirst will operate the communities with a variety of services such as budgeting tips and career advice. The cost of renting the two sites is expected to be $30,000 through 2022 and development and construction for the sites is expected to run about $4.3 million.

The California Department of Housing and Community Development released finalized SB 2 Planning Grants Program Guidelines .The Guidelines incorporate feedback from participants during the Open House Forums, public comment letters, and additional conversations and research during the public outreach period. The SB 2 Planning Grants Program is part of the 2017’s 15-bill housing package aimed at addressing the state's housing shortage and high housing costs. SB 2 establishes a permanent source of funding intended to increase the affordable housing stock in California. The legislation sets-a-side 50 percent of the revenue in the first year to make grants available to local governments. The grants will be available to update a variety of planning documents and processes to streamline housing approvals and accelerate housing production. In addition to the planning grants, HCD will be providing technical assistance in coordination with Governor's Office of Planning and Research in order to help jurisdictions prepare and implement planning activities that will accelerate housing production. For more information, visit the SB 2 Planning Grant webpage . OPR Sets Standards for Vehicle Miles Traveled Metrics The Office of Planning & Research released an update to the Technical Advisory on Evaluating Transportation Impacts in CEQA, which contains OPR’s technical recommendations regarding assessment of vehicle miles traveled, thresholds of significance, and mitigation measures. The updated technical advisory is available in  Transportation Impacts (SB 743) . This update incorporates the regulatory changes made to the CEQA Guidelines by the Agency and addresses feedback received since the technical advisory was released in April 2018. OPR may continue to update or supplement this technical advisory in response to new information and advancements in modeling and methods. (See prior CP&DR coverage .)  Santa Clara Valley Agricultural Plan Receives Governor’s Environmental and Economic Leadership Award Among a half-dozen awards given out for the 2018 Governor’s Environmental and Economic Leadership program, the Santa Clara Valley Agricultural Plan received the award for Ecosystem & Land Use Stewardship. Led by Santa Clara County and the Santa Clara Valley Open Space Authority, the Santa Clara Valley Agriculture Plan (Ag Plan) is a regional effort to conserve Santa Clara Valley’s farmland and ranchland as an innovative climate change mitigation and economic development strategy. The Ag Plan will help cut greenhouse gas emissions by reducing conversion of working lands and focusing development in existing urban areas. The Ag Plan also acknowledges working lands as public natural assets, contributing economic and ecological value to the resilience of the region. Central to the Ag Plan is and effort to identify and map existing agricultural resources in the Santa Clara Valley. It delineates a farm and ranch land base where innovative tools and strategies will prove most effective in stemming urban sprawl and loss of working lands. It is a multipronged effort to protect the environment and economic health of the region as a whole. Inland Empire Cities Contemplate Changes to Gold Line Light Rail  City of San Dimas officials want Metro to study the implications of making the city the temporary penultimate stop on the Gold Line. Assistant City Manager Larry Stevens is preparing a letter to submit to the Foothill Gold Line Construction Authority that would ask the agency to look at various issues such as updating its ridership models and whether parking allotment should be reconsidered. The construction authority is in the process of analyzing the environmental impacts if either La Verne or Pomona were the temporary endpoints. Additionally, a group of elected officials throughout San Bernardino County wants the construction authority to consider possible alternatives, saying the 12.3-mile extension from Glendora to Montclair could hurt public transit in other areas. The letter sent to Gold Line officials cites a 25 percent decline in Metrolink ridership at the Covina station since the 2016 opening of the Gold Line station, four miles north in Azusa. Gold Line is able to offer cheaper fares than Metrolink due to increased funds from taxpayers. In November, the authority voted to build the Gold Line in two phases after costs rose 38 percent from $1.5 billion to $2.1 billion. The decision pushed the opening of new stations in Pomona, Claremont, and Montclair from 2026 to 2028. Gordon Appointed Head of OPR Gov. Gavin Newsom appointed  Kate Gordon to be Director of the Office of Planning and Research (OPR). Gordon is an recognized expert on clean energy and economic development. Before joining the Paulson Institute, she was the Founding Director of the “Risky Business Project,” co-chaired by Michael Bloomberg, Henry Paulson, and Tom Steyer, and focused on the economic risks of unmitigated climate change, while serving as Senior Vice President for Climate and Energy at Next Generation, a non-partisan think tank based in San Francisco. Gordon previously served as Vice President of Energy and Environment at the Washington D.C.-based Center for American Progress. She succeeds Ken Alex, who was appointed by Gov. Jerry Brown in 2011.  Quick Hits & Updates  The California Department of Housing and Community Development released the Permanent Local Housing Allocation (PLHA) program framing paper . The PLHA program is funded through revenues collected in the Building Homes and Jobs Trust Fund starting Jan. 1 and will fund eligible housing-related projects and programs to assist in addressing the  unmet housing needs of local communities. HCD is seeking input on the development of the PLHA program (Senate Bill 2, Chapter 364 of 2017). The framing paper is intended to inform the development of the PLHA program guidelines which includes information of basic program requirements, method of distribution, and eligible uses. Public comment period ends Jan. 22.  The California Natural Resources Agency will be accepting concept proposals for the Urban Greening Program fromJanuary 8, 2019 through February 28, 2019. Approximately $19.0 million in awards will be funded by this program. Applicants submitting the most competitive proposals will be invited to participate in the next level of the competitive process, anticipated spring 2019.   CBS Corp. has sold its iconic Television City  in Los Angeles headquarters to real estate developer Hackman Capital Partners for $750 million. CBS said certain shows that are produced on the property would continue and CBS would retain office space for the studio’s international operation headquarters. Hackman also developed the landmark Culver Studios. City of Oakland Councilmember Dan Kalb and Mayor Libby Schaaf are proposing an ordinance that would require approximately 24,000 old apartment units to be seismically retrofitted in an effort to prevent the collapse of buildings in the next big earthquake. The retrofit rules would apply to soft-story residential buildings, which are multi-unit, wood-frame structures with weak first stories build before 1991. The City estimates between 1,400 and 2,800 soft-story buildings exist. Owners would have between four and six year to complete the retrofit work. LA Metro directors voted, 7-4, to support a plan that would allow South Bay commuters to travel most of the Green Line without changing trains when the new Crenshaw Line opens next year. The directors also decided the Crenshaw Line would be restricted to two-car trains to limit issues. Metro staff had proposed to address the capacity issues on the Green Line by breaking the line into two pieces and restricting a portion to three-car trains but that would mean riders at certain South Bay stations would be forced to transfer. The Crenshaw Line is expected to open in mid-2020. The California Coastal Commission released a free app, YourCoast , that would allow the public to explore free guides to 1,563 beaches, trails, parks, and visitor-serving destinations throughout the state. The app helps visitors find out which beaches have disabled access, are dog-friendly, have restrooms, parking, and more. The app is a result of a settlement of a June 2013 Coastal Act violation at a hotel campground open to the public in Big Sur. Backing down from a proposal to ban cafeterias in tech company offices for the purpose of spurring demand for local eateries, San Francisco Supervisor Ahsha Safai amended the proposal to instead require a special permit for them to open in new office spaces. Factors taken into account when determining whether to grant the permit would include the accessibility to the general public, impact it would have on existing eating and drinking establishments in the neighborhood, and whether employers would subsidize or pay for employee meals outside the proposed employee cafeteria. The proposal goes back to the Planning Commission for review before making a recommendation on the amended version. Earlier this month, the California Supreme Court denied a petition for review submitted by Citizens Coalition Los Angeles and the La Mirada Neighborhood Association for the contentious development known as "Target Husk.” The partially built structure was designed for a Target store but has sat idle since 2014 while awaiting its fate in court. The Los Angeles City Council reapproved the empty Sunset Gordon tower earlier this month. The two groups aim to prevent the completion of the 200,000 square-foot store at Sunset Boulevard and Western Avenue. San Diego City Council member and opponent of Prop. 6 Carl DeMaio has proposed a new initiative to cancel the high-speed rail project and revamp state transportation funding. The group was given state approval to begin collecting signatures. The initiative would shift about $10 billion in state revenues from state and local non-transportation programs to local transportation funds. The title and summary for the initiatives were issued by the state attorney general’s office: “Removes responsibility and funding for state highway construction and maintenance from state. Transfers such responsibility and funding to individual, local governments. Ends state high speed rail project.” However, DeMaio complained that the title was misleading. An anonymous donor has purchased nearly 600 acres of key habitat for the teddy bear cholla cacti in Southern California and deeded it to the Mojave Desert Land Trust. Due to prolonged drought and rising temperatures, more than half of one huge population between 2004 and 2005 was killed off. The gift of land, about 100 miles south of Las Vegas, will provide a buffer between Interstate 40 and the Bigelow Cholla Wilderness Garden, which is part of the BLM’s Mojave Trails National Monument. The area contains the state’s densest concentrations of cholla. Wells Fargo, Citi, and Chase have suspended lending for would-be buyers at the Hunters Point development in San Francisco. The city hopes to build over 10,000 new homes in the former Navy yard but some of the nation’s largest banks will not longer back potential condo purchases. The California Department of Finance released new state population estimates between July 2017 and July 2018 and found the state added over 200,000 new residents. San Francisco County added 6,885 new residents which is a drop from the nearly 8,000 gain that was seen the previous two years. However, last week the San Francisco Business Times reported that in 2018 the city added only 2,263 new units of housing. California Senate President Pro Tem Toni Atkins named San Francisco-based State Senator Scott Wiener the head of the senate’s committee on housing. Senator Wiener said, “I look forward to advancing a progressive housing agenda that ensures we are building enough housing at all income levels.” The Senate Housing Committee was previously headed by San Jose-based Senator Jim Beall whose legislative history mostly focused on promoting affordable housing. Gov. Jerry Brown reappointed Dan Richard and Tom Richards four-year terms on the board of directors that oversees the California High-Speed Rail Authority before leaving office. Richard and Richards were selected by their fellow board members as chairman and vice chairman, respectively.

The First District Court of Appeal has shot down an attempt by citizens in Venice to force the City of Los Angeles to abandon the so-called “Venice Sign-Off” process, which allows small projects in Venice to be approved with planning director approval. Whereas the citizens argued that the process was impermissibly ministerial, the Court of Appeal ruled that the opposite – that the Venice citizens were essentially trying to undermine the Venice Specific Plan by attacking a ministerial process that implements the plan. Venice Coalition to Preserve Unique Community Character v. City of Los Angeles , No. B285295 (January 9, 2019).

Cities are using infill exemptions from CEQA more often, and citizen groups are fighting the exemptions around the state. But as a new appellate ruling from St. Helena reinforces, when the citizens group challenge the infill exemptions in court, they usually lose. The St. Helena case revolved around the use of a Class 32 infill exemption under the California Environmental Quality Act guidelines, which exempts infill projects from CEQA assuming they generate no traffic, noise, air quality, or water quality impacts. This is the exemption that was used, for example, by the City of Berkeley in the Berkeley Hillside case . In the case from St. Helena, the city had amended its housing element and zoning ordinance to require only review of design aspects only for projects included in a “high-density residential” area. Landowner Joe McGrath proposed an eight-unit project that meet the city’s requirements in the zone. The city conducted design review on the project but otherwise invoked the infill exemption. Nearby residents called for an environmental impact report during the approval process, and then organized as McCorkle Eastside Neighborhood Group in order to sue. The case generated considerable local controversy , with the developer accusing the lawyer for the neighbors of a cozy relationship with one of the city council members and also offering to donate funds to a nonprofit housing group if the lawsuit were dropped. But the city prevailed in both the trial court and the appellate court. On appeal, the neighbors made several arguments, including (1) that the city council had impermissibly delegated CEQA actions to the planning commission; and (2) that the fact that the city conducted a discretionary design review process meant the entire project approval process was discretionary, opening up CEQA. The appellate court dispatched both these arguments quickly. On the first argument, the court wrote: “ he unelected Planning Commission found the project exempt and appellants took an appeal to the full elected City Council. The City Council held a full hearing and issued findings on this appeal. There was no improper delegation of the City’s authority under CEQA.” The court added: “ he City Council in this case did act—just not in the way that appellants had hoped.” On the second argument, the court ruled that previous case law does, in fact, require that any discretionary action opens up the whole project to CEQA – in some circumstances. Specifically, “only when the discretionary component of the project gives the agency the authority to mitigate environmental impacts,” which was not the case here. The Case: McCorkle Eastside Neighborhood Group v. City of St. Helena , A153238 (January 10, 2019). The Lawyers: For McCorkle Eastside Neighborhood Group: Mathew D. Hinks, Jeffer Mangels Butler & Mitchell, MHinks@jmbm.com For City of St. Helena: Thomas B. Brown, Burke, Williams & Sorensen, tbrown@bwslaw.com

In the latest wrinkle in a long-running CEQA battle, the Third District Court of Appeal – in an unpublished ruling – has concluded that the City of Sacramento’s amended environmental impact report for the McKinley Village adequately deals with the project’s traffic impacts. Meanwhile – two years after the initial published appellate court ruling and more than a year after the Supreme Court declined to depublish the case – the project is complete and model units are open for viewing .

Rarely are retiring politicians rewarded with anything resembling the plaudits that rained down on Jerry Brown at the conclusion of his second stint as governor of California. Oft cited are his intelligence, his deep understanding of the labyrinths of state government, a strong personality that tends not to wobble after settling on a decision and a love of roll-up-the-shirtsleeves law-making. Brown should also be remembered as a land-use governor par excellence who was willing to take political heat for projects that may not pay off for the public for years or even decades.

In his first budget proposal Thursday, Gov. Gavin Newsom proposed an unprecedented series of carrots and sticks that would attempt to both induce and force local governments to plan for – and produce – more housing. The proposals could potentially have a wide-ranging impact on the state’s system of planning and development, but the budget contained little detail on how these ideas would be implemented. The biggest carrot is $750 million to local governments -- $250 million to up their game on housing elements and $500 million as a reward for building more housing. In the budget summary, Newsom said the state would revamp the Regional Housing Needs Allocation process and give the Department of Housing & Community Development a more significant role in enforcing regional housing goals. The biggest stick – but one that will be difficult to achieve – is his proposal to withhold transportation funds from local governments that don’t achieve housing production goals. In his freewheeling budget press conference Thursday, Newsom said : “If you’re not hitting your goals, I don’t know why you get the money.” (Although Liam Dillon’s Los Angeles Times article on Friday is good source for the overall picture, his live Twitter feed from Thursday gives a vivid real-time account of how Newsom talked about housing at the press conference. Though the budget summary does not include details on how Newsom will implement his proposed new carrots and sticks, it does lay out a sweeping set of changes in general terms. These include: The $750 million for local governments on housing, including $250 million for planning. A complete revamping of the state’s RHNA and Housing Element process under the direction of HCD. Maybe the most important words in the budget summary on this topic are these: “HCD will be taking a more active role in housing element reviews. Moving from an advisory role, HCD will now oversee and enforce regional housing goals and production. HCD will determine a methodology for allocating housing needs to regions and local jurisdictions, with local input.” $500 million for the development of moderate-income housing. A vastly expanded state low-income housing tax credit program. An ambitious proposal to use the state’s own surplus property for affordable housing especially since development on such land does not require local approval. Modest changes to the Enhanced Infrastructure Finance District program, including eliminating the voter requirement and pairing EIFDs with federal Opportunity Zone investment opportunities. Newsom stopped short, however, of a proposing a new or expanded tax-increment program to benefit housing.

Partially overturning an appellate court ruling, the California Supreme Court has struck down part of the environmental impact report for the Friant Ranch project in Fresno county, saying the EIR didn’t tightly link the project’s air quality effects to actual human health consequences. The county will have to re-do part of the EIR.

The Oakland City Council approved a Public Land Policy that would require the city to deposit 100 percent of proceeds from future sales of unused city-owned land into an affordable housing trust fund and any city-owned land it chooses to lease would first be offered to developers that agree to sell at least half of their homes at below-market rates. The goal of the two steps are to boost the city’s low-cost housing supply. City staff must now return with a proposed ordinance that would codify the policy. The policy also requires all construction projects on city parcels to give priority to local workers and that labor agreements for projects are signed with local trade unions for developments with more than 80 units or that cost more than $40 million. The city owns 20 sites, totaling 24 acres, that are available for development. Agencies Consider Lawsuit over Bay Delta Plan The State Water Resources Control Board approved the Bay Delta Plan in mid-December to improve the health of rivers and fish in the Sacramento-San Joaquin River Delta by limiting the amount of water that dozens of communities could take from four major waterways. While the plan leaves rooms for negotiating the extent of the cutbacks, agencies that draw from the San Joaquin River and its tributaries say legal action may be necessary in the event they are forced to cut back more than they can afford. Under the plan, according to San Francisco Public Utilities Commission, city residents and businesses could face reductions of 40 percent or more during prolonged dry periods. The goal of the plan is to prevent the collapse of the Sacramento-San Joaquin River Delta which serves as a hub for the state’s water supplies and is a vital habitat for threatened salmon. The Bay Delta Plan calls for maintaining an average of 40 percent of the natural flow of the San Joaquin River and its tributaries during peak spring runoff. Currently, the flow averages 20 percent or less because of diversions. OPR Seeks Comments on Guidelines for Greenhouse Gas Analysis The Governor’s Office of Planning and Research (OPR) has released a discussion draft update to its 2008 advisory on how to analyze greenhouse gas impacts under the California Environmental Quality Act (CEQA). The discussion draft is available online at " OPR’s Technical Advisories .” Since 2008, there have been developments in statutes, regulations, and science, as well as a growing body of case law focused on addressing climate change and greenhouse gas emissions. This discussion draft incorporates developments since June 2008, including regulatory changes made to the CEQA Guidelines in late 2018 by the California Natural Resources Agency.  OPR seeks input on this document, in particular: 1. Are there any important points that we missed that we should address? 2. Do you have any suggestions on how to clarify the topics that we did address? Input may be submitted electronically to comments@opr.ca.gov  by March 15. SACOG Issues Grants to Support Sustainability, Active Transportation The Sacramento Area Council of Governments  awarded $132.4 million to 54 projects throughout the Greater Sacramento area. A few of the projects include City of Sacramento’s Del Rio Trail project which was awarded $6 million to build 4.8 miles of multiuse trail. Yuba County’s busiest road, North Beale Road, was awarded $2.3 million to help the county rehabilitate the corridor, fund sidewalks, bike lanes, crossings, and landscaping to make it safer for pedestrians and cyclists. The City of Rancho Cordova won $2.5 million for improvements to Sunrise Boulevard around the Sunrise lightrail station. SACOG awarded $4.2 million to Yolo County to help rehabilitate County Road 98. SACOG’s Green Region program awarded $11.7 million to four projects, one of which will buy and install Yolo County’s first DC fast chargers for electric vehicles. Quick Hits & Updates  LA Metro directors voted , 7-4, to support a plan that would allow South Bay commuters to travel most of the Green Line without changing trains once the new Crenshaw Line opens next year. The directors also decided the Crenshaw Line would be restricted to two-car trains to limit issues. Metro staff had proposed to address the capacity issues on the Green Line by breaking the line into two pieces and restricting a portion to three-car trains but that would mean riders at certain South Bay stations would be forced to transfer. The Crenshaw Line is expected to open in mid-2020. The California Coastal Commission released a free app, YourCoast , that would allow the public to explore free guides to 1,563 beaches, trails, parks, and visitor-serving destinations throughout the state. The app helps visitors find out which beaches have disabled access, are dog-friendly, have restrooms, parking, and more. The app is a result of a settlement of a June 2013 Coastal Act violation at a hotel campground open to the public in Big Sur. CBS Corp. has sold its iconic Television City headquarters to real estate developer Hackman Capital Partners for $750 million. CBS said certain shows that are produced on the property would continue and CBS would retain office space for the studio’s international operation headquarters. Hackman also developed the landmark Culver Studios. CaRLA has filed a lawsuit against the City of San Francisco to correct two regulations of its ADU ordinance that allegedly fail to comply with state requirements. According to the lawsuit, the ordinance subjects ADUs to a discretionary review process which allows for the potential of indefinite delays and only existing single-family homes are allowed ADUs. New single-family homes are not included in the ordinance. The Los Angeles City Council unanimously passed an ordinance that legalizes and regulates vending on city streets. Under the new rules, vendors must pick up trash; ensure that people can pass on the sidewalks; and do business at a minimum distance from fire hydrants, driveways, building entrances, curbs, and at least three feet from another vendor. All vendors must all have any business and health permits required by the city, county or state. The rules will go into effect by January. Los Angeles Metro’s board of directors directed its CEO to devise options for initial funding to extend the first phase of the Gold Line beyond La Verne to Pomona, with the second phase consisting of Claremont and Montclair stops. Gold Line officials are hoping to identify $200 million in the next couple months for the extension. Santa Clara County supervisors unanimously approved spending $123.1 million to construct six affordable rental housing projects and rehabilitate three buildings throughout the county. The funds would come from the $950 million Measure A housing bond that voters passed in 2016. For every dollar the county spends, the projects will be supplemented by $2.78 in state and federal grants or private investment. The county’s goal is to build 4,800 affordable homes by 2026. The approved funds would go towards building 620 apartments, including homeless housing with support services and units reserved for low- to extremely low-income residents. The funds would also go to rehabilitating 484 affordable apartments. San Francisco Board of Supervisors will be voting on a comprehensive ordinance updating the city’s framework for cannabis regulation. One of the amendments included would allow cannabis retailers to initially apply only for four retail permits each. Supervisor Aaron Peskin said his proposal would prevent “monopolistic owners from strangling innovation”. However, others say the amendment would unfairly limit the number of storefronts new applicants can apply for while existing retailers do not have such caps. (See prior CP&DR coverage .)

CP&DR Vol. 33 No. 12 December 2018

The Sacramento City Council passed an ordinance, 8-0, that would ban new gas stations, drive-through restaurants and warehouses within a quarter-mile of the city’s 23 light-rail stations. The new ordinance would also eliminate parking requirements for new housing developments within a quarter-mile of a station. The ordinance would require cannabis cultivation and manufacturing businesses and certain types of other operations opening within a half-mile of a light-rail station to apply for conditional use permits with the city. The goal of the ordinance is to decrease greenhouse gas emissions, increase transit ridership and encourage more high-density housing near light rail stations. Southern California Cities Battle over 2,400-Acre Parcel The City of Commerce is launching a $42 million effort to win jurisdiction over a 2,500-acre parcel called Tres Hermanos Ranch covering parts of Diamond Bar and Chino Hills, straddling the junction of Los Angeles, Orange, and Riverside counties  The cities of Industry and Chino Hills have threatened to sue if Commerce moves forward with its plan. Industry owns the property through its former redevelopment agency and was approved to buy back the land by a county oversight board last year, but has not closed the deal because of ongoing lawsuits. Commerce is arguing that Industry has waived its first right to buy the property by not finishing the sale, and has asked the county oversight board to sell it the land instead. Though it in the middle of the Los Angeles region, Tres Hermanos Ranch still has cattle; it has been proposed as the site of a solar power farm.  Analysis Shows 1.1 Million Structures at Risk of Wildfires Statewide The Los Angeles Times analyzed wildfire hazard across the state and found that hundreds of communities from Redding to San Diego are at high risk of deadly fires. According to maps drawn by the Department of Forestry and Fire Protection, more than 1.1 million structures, or roughly 1 in 10 buildings in California, lie within the highest-risk fire zones. Los Angeles has the most structures in the highest hazard zone, at least 114,000, and San Diego came second with more than 88,0000 structures. Nearly 60 percent of the at-risk structures in the state are within the jurisdiction of incorporated cities or counties meaning the burden of preparing is on local fire departments. Study Analyzes Parking Habits of Riders of Electric Scooters  San Jose State University released a white paper, “Where do Riders Park Dockless, Shared Electric Scooters? Findings from San Jose, California”. The group observed and photographed 530 parked scooters over two months in the summer and evaluated the “well-parked” scooters. “Well-parked” meant standing upright, placed on the periphery of pedestrian paths or in areas that are already obstructed such as street furniture, and not blocking pedestrian access. The research found the majority, 72 percent, were parked on sidewalks while 23 percent were parked off the streetscape in adjacent properties. Five percent of observed scooters were on a pedestrian street running through part of downtown. The research found 90 percent of parked scooters did not overtly disrupt pedestrian traffic. Other observations include virtually al, 97 percent, were parked uprights as required by California state law. Fewer than two percent of scooters were parked in automobile parking spaces and only three percent were parked on unpaved surfaces. (See prior CP&DR  coverage .) Controversy Swirls around USCF Building on National Register of Historic Places Opponents of a proposed redevelopment of the University of California, San Francisco's 10-acre Laurel Heights campus have succeeded in their campaign to place a modernist building at the center of the campus on the National Register. The bid was supported by both San Francisco’s Historic Preservation Commission and the State’s Historical Resources Commission. The building located at 3333 California Street is determined by the Keeper of the National Register of Historic Places to be eligible to be added to the National Register. While the property cannot be added to the National Register without the property owner’s consent, which the new ownership team opposes, the Keeper’s determination automatically adds the building to the California’s Register of Historic Places. Being listed in the Register does not preclude the redevelopment of the campus, but does provide additional protections such as legal challenges and potential delays. The development team has a plan to have the governor deem the proposed redevelopment of the campus as an Environmental Leadership Project. While this would not approve the project, it would require all legal challenges to be resolved within a year. The proposed redevelopment of the campus would include 558 residential units, 49,999 square feet of office space, 54,000 square feet of retail space, a new 15,000 square foot childcare center, 896 parking spaces, and 236,000 square feet of open space. PPIC Report Calls of $50 Billion to Redevelop California Higher Ed Campuses The Public Policy Institute of California (PPIC) released a report on financing higher education and found the state is facing increasing demands for affordable higher education and a need for adequate facilities suited to a rapidly evolving economy. The report estimated by 2030 the supply of college graduates would fall 1.1 million short of workforce demand. The three major challenges include a growing need for more capacity in current facilities, historical underinvestment, and decentralized decision making. Estimates reported by UC, CSU, and community colleges reflect that facility modernization and maintenance could cost more than $50 billion through 2022-23. According to a recent PPIC survey, two-thirds of adults in the state favor a potential state bond measure for higher education construction projects.

It’s not quite Marbury v. Madison , but the City of Encinitas got a pretty stern lesson in the principle of judicial review in December. For the second time in two years, the Superior Court overruled the will of Encinitas voters and has ordered the city to adopt a housing element that conforms to state housing laws and Regional Housing Needs Assessment numbers – and this time the city’s residents might not get to vote on it, as their own ordinances require.