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  • CP&DR News Briefs January 23, 2017: San Diego Forest Conservation; Qualcomm Stadium Redevelopment; L.A. Ballot Measure Economic Impacts; and More

    The Sierra Club, Cleveland National Forest Foundation, and Save Our Forest and Ranchlands filed  a lawsuit in the San Diego Superior Court against San Diego County. The lawsuit argues that the county adopted an amendment to the Forest Conservation Initiative based on faulty environmental analysis and that it failed to identify opportunities to minimize the impacts of the new plan. The original Forest Conservation Initiative was approved by more than two-thirds of county voters in 1993 to protect the Cleveland National Forest from piecemeal development. The initiative included a clause requiring voter approval of any zoning changes within the protected area protected until early 2011. The county now seized the opportunity to allow further development in the forest by passing the most recent amendment. Those in favor of the zoning change said it will alleviate the serious housing shortage in the region. The Sierra Club’s ultimate goal is not to approve any large-scale development in open spaces until the county’s climate action plan is in place. Developer Floats Concept for Qualcomm Stadium Redevelopment With the San Diego Chargers moving to Los Angeles, stakeholders in San Diego are considering how Qualcomm Stadium can be redeveloped . Community members in Mission Valley say the stadium could be used for education by a university, or by the city in something that will help residents. Others say it could house a Major League Soccer team. JMI Realty, described as the “frontrunner” by NBC 7 TV is envisioning a mixed use, transit oriented development project that is self-contained and does not create burdens in terms of traffic and environmental impact to the community. JMI’s conceptual rendering for the project includes housing, science, research labs, and a much smaller stadium for San Diego State University. JMI is heavily involved in the redevelopment of the area around San Diego’s downtown baseball stadium. Study Describes Economic Impacts of L.A. Ballot Measure A new study shows  that Los Angeles’s Measure S would put a $2 billion dent in the local economy, put 24,000 people out of work, cut $70 million from city funds, and slow housing construction. On the March ballot, Measure S, knows also as the Neighborhood Integrity Initiative, would place a two-year moratorium on buildings requiring zone changes or general plan amendments. Those in favor of the measure say it would fix the “pay to play” system and only affect 5 percent of new construction. The study, conducted by Beacon Economics, found the moratorium would cost nearly 120,000 jobs in a decade, $19.3 billion in ten years and block 45 new single family homes and 2,800 apartments. (See prior CP&D coverage .) Report Warns of 50 Percent Cost Overrun for First Segment of High Speed Rail The initial 118-mile segment of California High Speed Rail could cost  $3.6 billion more than previously estimated, accoring to a new report. This 50 percent increase. The Federal Railroad Administration’s risk analysis projects that the bridges, viaducts, trenches, and tracks from Merced to Shafter could cost between $9.5-$10 billion, compared to the original $6.4 billion. Additionally, the HSR Authority anticipated completed the Central Valley track by this year, but now isn’t scheduled to complete until 2024. The report is a “confidential-draft deliberative document for internal use only” and was presented by senior FRA executives to CHSRA officials in Washington late last year. FRA Chief Executive Morales said the estimates are based assumptions that the authority wants to verify, and he assured the construction will cost less than the risk analysis indicates. Faulconer Outlines Land Use Goals in ‘State of the City’ Address In this the annual State of the City address, San Diego Mayor Kevin Faulconer proposed  an array of policies related to land use: a hotel tax hike to pay for a convention center expansion, more homeless programs, increased spending on road repairs, expanded density bonus program, a revitalization of Balboa Park, and a boost in the city’s technology industry. The hotel tax would increase from 12.5 percent to 16 percent, with majority of the money going to the convention center and the remainder to homeless programs and road repairs. Faulconer said he is confident a ballot measure with multiple initiatives that poll well with voters will be able to get the two-thirds support required for approval. The mayor mentioned affordable housing as one of the main problems in San Diego. Sacramento Gives Boost to Rail Depot Redevelopment The Sacramento City Council has dipped  into its Innovation and Growth Fund to add $2.4 million the rehabilitation of the historic Sacramento Valley Station. This project will serve as an Amtrak depot, as well as office space for startups and high-tech companies, retail outlets, cafes, rooftop terrace and brew pub. The project was expected to cost $30 million but has already grown to $36.5 million due to unexpected issues in construction phases. The project ran into difficulty while looking for tenants of the 29,000 square feet of available space. All the interested tenants said they wanted the city to pay for additional improvements to make the spaces move-in ready; these costs weren’t in the budget, as tenants often absorb these costs. The Innovation Fund provides financial incentives to help entrepreneurs, startup companies, and tech companies in Sacramento. The depot should be completed next month. California Cities Ranked on Pedestrian Danger Index According to a report from Smart Growth America, between 2005 and 2014 more than 45,000 pedestrians died  in the U.S. because of cars. The group examined 104 metro regions and created a “pedestrian danger index.” This index calculated the total number of pedestrian deaths relative to the number of pedestrian commuters in the region. Houston was the least safe largest metro in the country at 15th, Los Angeles was 51st and New York City 95th. In California, Bakersfield was 12th and Riverside-San Bernardino-Ontario as 18th. The Bay Area did best among California metros, ranking 85 th out of 104. The study also reviewed 51 metro areas that had been studied in 2015 and found 18 grew more dangerous with Riverside having one of the largest increases (21.2 percent). The report also found people of color represent only 35 percent of the population but 46 percent of pedestrian deaths. Infamous Los Angeles Toxic Site Moves Closer to Cleanup The Department of Energy released  a draft environmental impact statement outlining how the agency would move forward with cleaning the soil in Area IV, part of the Santa Susana Field Lab. The approximately 280 acres in the northwestern corner of Los Angeles were once used for testing rocket engines and nuclear power. The agency also presented plans for removing contaminated structures and dealing with groundwater. Options range from doing nothing until the chemical compounds in the soil deteriorate over time, to a strict remediation plan that would clean the soil beyond federal standards. While the latter was agreed upon between the DOE, NASA, and state regulations in 2010, DOE now says those standards may do more damage than good because of the large amount of land that would be disturbed and the large volumes of soil that would be removed. Boeing Co. owns a portion of the site and is committed to cleaning its portion to residential standards and then leaving it as open space. Oakland Curbs Evictions in Improvised Artists’ Residences Oakland Mayor Libby Schaaf issued  an executive order intended to ease the threat of eviction for artists and makers occupying improvised residences and work spaces. The City inspectors are ordered to give landlords with illegal units 60 days to come up with safety plans, and more time to make necessary improvements. Schaaf says the city has money from a housing bond and other sources to help landlords pay for safety improvements, as long as the rents remain affordable. A related issue arising is the question of how to legally throw a party in Oakland. The current permitting procedure is considered arcane , with some provisions coming from the Prohibition era. These moves are, in part, responses to the Ghost Ship fire. Quick Hits & Updates The California Supreme Court declined  to hear a case filed by opponents of the Golden State Warriors’ $1 billion Mission Bay arena. The ruling enables development of the area, which has already broken ground, to proceed unfettered. The alliance of academics, staff and benefactors of UCSF still have a suit pending in Alameda County Superior Court over a memorandum of understanding describing potential traffic problems that could interfere with access to UCSF hospitals. Researchers  at the Chapman Center for Demographics and Policy say Orange County's rising poverty, high housing costs, aging demographics, and falling employment in technology, manufacturing and finance mean the region could be in serious trouble. The report, “OC Model: A Vision for Orange County’s Future,” critique’s the county’s reliance on tourism and real estate, which offer primarily low-paying jobs. LA Metro is looking into extending  the Red and Purple line subway eastward past Union Station to include stations in the Arts District. Metro already owns a large maintenance yard along the LA River, which could be used for one of the new stations. Metro is also planning on building a light-rail line between Union Station and Artesia that could include an Arts District station. Nearly 20,000 acres of land known as Eagle Mountain may be transferred  from Bureau of Land Management to Joshua Tree National Park. This would increase Joshua Tree to 820,000 acres. The mountain provides habitat for bighorn sheep. The proposed acreage is currently part of Riverside County and contains some private property that would either need to be sold or donated to the park. The Federal Transit Administration announced  a $75 million loan to help fund the Van Ness Avenue bus rapid transit project. The Van Ness line is 2 miles down the center median with nine stops from Union to Mission streets. The first phase of construction on the $223 million project began in October and should be complemented in 2020. The Federal Transit Administration issued a letter announcing its support for the Orange County streetcar to officially enter the engineering phase. The FTA’s current review of the OC Streetcar project focused on ridership projections and benefits to the community, as well as OCTA’s financial commitment to the streetcar project and the agency’s ability to build and operate it. The engineering phase is the final stage before OCTA seeks a full funding grant agreement from the FTA, which could fund up to half of the $298-million OC Streetcar that will run through the heart of the county, serving Santa Ana and Garden Grove. The City of Vacaville planning staff will present  an overview of the city’s General Plan, updated in 2015. This year, the city will update the city’s sphere of influence, amending the zoning map, updating the zoning ordinance to implement General Plan policies, and evaluate the residential design standards for single-family development.

  • CP&DR News Briefs January 16, 2016: Developer Donations in L.A.; Revitalizing Soma; Chargers to Leave S.D., and More

    Several Los Angeles City Council members are proposing  legislation to ban donations from real estate developers during and shortly after city reviews of their building projects. Late last year, a Los Angeles Times investigation found donors with direct and indirect ties to a real estate developer gave more than $600,000 to support City Council members as his 352-unit apartment project was being reviewed at City Hall (the project was approved over objections of both city planners and Garcetti’s own appointees). The city already prohibits political contributions from companies that are bidding on city contracts, this proposal would expand the ban to real estate interests. As Council Member Paul Koretz said, the council would not have been able to get enough votes to carry out a developer donation ban six months ago, but with the Measure S campaign and the Times’ article there has been a public perception of a “pay-to-play” culture at City Hall. Report Details Redevelopment of Central Soma Neighborhood of S.F. The City of San Francisco hopes a new neighborhood plan for 17-blocks of Central Soma will increase property values according to a report released by the city’s planning department last month. A portion of the funds generate would pay for affordable housing, parking, open space, and other public benefits. The report looks at a few specific sites and found zoning changes and the subsequent new development would affect their values. In all the cases, more than 50 percent of the added value goes towards public benefits. This plan assumes that land-owners and developers of under-built sites elect to take advantage of the new opportunities. Under the plan, the city hopes to add 25,000 new residents, 40,000 new jobs, and 7,500 new homes to the neighborhood. However, residents are worried about similar gentrification fears that occurred in the Mission neighborhood. Chargers to Relocate to Los Angeles Following Defeat of Stadium Measures The Chargers announced that the team is relocating  to Los Angeles from its longtime home of San Diego and will begin the 2017 NFL season as the Los Angeles Chargers. The Chargers’ temporary home will be StubHub Center, located on the campus of California State University Dominguez Hills in Carson, which is owned and operated by AEG. In 2019 the team will move to a $2.1 billion stadium that the Los Angeles Rams are building in Inglewood. The move to Los Angeles comes after years of often tense negotiations over a new stadium in San Diego. The Chargers have played at Qualcomm Stadium (formerly Jack Murphy) for the majority of their existence; the team claims that the stadium is aged and does not offer sufficient amenities. San Diego city officials have consistently hesitated to commit significant public funding to a new stadium. In November, San Diego voters defeated two ballot measures that would have approved a degree of public funding for two different downtown stadium proposals. The failure of those measures precipitated the Chargers’ move. (See prior CP&DR coverage .) Three of 24 New National Historic Landmarks in California U.S. Secretary of the Interior Sally Jewell announced the designation  of 24 new National Historic Landmarks. Of the 24 new national historic landmarks, three are located in California. Chicano Park in San Diego represents the Chicano Civil Rights Movement where community residents in April 1970 protested the construction of a California Highway Patrol substation on land the City had promised as a community park. Neutra Studio and Residences (VDL Research House) in Los Angeles is one of the few properties where one can see the architect Richard Neutra’s progression of style over the years. In San Jose, Our Lady of Guadalupe Mission Chapel connected Mexican American civil rights movement, Catholic ministry to ethnic Mexicans and provided ongoing efforts to organize ethnic Mexican migrant farmworkers. This chapel was the home of the Community Service Organization whose work helped spur the activism of Cesar Chavez and others. Santa Clara Valley Considers Bus Overhaul Santa Clara Valley Transportation Authority (VTA) unveiled  a proposal for its first major service overhaul in nearly a decade. It calls for scaling back or ending bus services on a few lightly traveled lines, adding to popular routes, and possible restructuring fares to allow free transfers. These proposed changes will be discussed at nine public hearings in San Jose. By April, the VTA board will vote on changes that would impact the 70 bus lines and 42 miles of light-rail. Transit ridership has fallen in Santa Clara County because of ride-sharing programs such as Uber and Lyft. Report Anticipates $11.2 Billion in Economic Activity from L.A. Olympics A report released by Beacon Economics LLC and UC Riverside School of Business Center for Economic Forecasting and Development shows  the LA 2024 Olympic and Paralympic Games could increase economic output in the Los Angeles region by up to $11.2 billion and by $18.3 billion nationwide. The report was commissioned by LA 2024 as a required step from the International Olympic Committee. It will be submitted with the bid book due Feb. 3. Beacon analyzed direct expenditures by visitors to the games, as well as supplier and employee expenditures. L.A. would also benefit from additional tax revenues of around $167 million, 79,000 new full-time jobs, $7 billion in direct additional spending, and $5.1 billion in worker earnings. Statewide Poll Finds Support for Climate Change Action The Public Policy Institute of California (PPIC) released a study  about Californians' views on climate change. It found 59 percent of adults nationwide say the effects of global warming have already begun and 64 percent of Californians said the same. Four out of five (81 percent) Californians say global warming is a serious or very serious threat to the state’s future, and those with lower incomes (below $40,000) are more likely to hold this view: 59 percent versus 49 percent of higher income holders. In general, two in three Californians (67%) favor state efforts, independent of the federal government, to address global warming, while 26% are opposed. Only 20% of Californians believe that state policies to combat global warming would mean fewer jobs. Court Forces Los Angeles Measure S Opponents to ‘Scale Back’ Ballot Language Opponents of Los Angeles’s Measure S, known as the Neighborhood Integrity Initiative, have agreed  to scale back some of the claims submitted in the city voter guide after being sued by the initiative’s supporters. The claims were concluded to be misleading and bought and paid for by the opponents of the measure. According to the agreement, the opponents’ study, conducted by Beacon Economics, can no longer be called “independent” and the disputed wording must be changed. Measure S would place a two-year moratorium on all developments that do not conform with existing zoning and community plans, and it would require the city to update its community plans within that time frame. Measure S will appear on the March ballot. (See prior CP&DR coverage .) Supreme Court to Resolve Property Tax Dispute between San Jose, Santa Clara San Jose and Santa Clara County have been battling  in court for four years over $40 million in property taxes. The money comes from a special property tax voters approved in 1944 to fund Santa Clara County’s retirement obligations. However, it applied differently in redevelopment areas. San Jose’s redevelopment agency, established in 1956, was receiving about $7 million a year from the additional tax levy. In 2012, when redevelopment agencies were abolished Santa Clara County withheld the revenue from San Jose. The tax in recent years has been 33.8 cents for every $1,000 of assessed property value. The California Supreme Court will decide whether to hear the case by mid-February, if they decline the appellate ruling against the county would stand. Quick Hits & Updates Voters in Elk Grove will decide  whether an approved $400 million Native American casino gets built in the city. Casino opponents submitted enough valid signatures to place the anti-casino referendum on the Elk Grove ballot for the March election. The casino was approved by City Council in October. SCAG’s Transportation Committee approved the release  of the Draft 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy Amendment #1 and Draft 2017 Federal Transportation Improvement Program (2017 FTIP) Amendment #17-03 for public review and comment. The 30-day public review and comment period ends Feb. 6.  The new expansion map of Bay Area Bike Share  into the East Bay has been released and shows the additional 66 locations in Berkeley, Oakland, and Emeryville. This brings the total number of bike share stations in East Bay to nearly 130 and 1,500 bikes. This is the last phase of the three phase joint program from Motivate and the Metropolitan Transportation Commission. Oakland Councilmember Rebecca Kaplan has proposed  a measure strengthening tenant protections by nearly doubling the relocation fee property owners must pay upon evictions. Property owners have recently been evicting tenants from non-permitted housing and live-work space after the December 2 Ghost Ship fire. Mayor Libby Schaaf urged the City Council to approve the measure to protect undocumented immigrants, low-income families, and struggling populations. A group of 20 homeowners has  filed a lawsuit both the builder and city officials knew of, but did not disclose to buyers, evidence that the luxury high-rise was sinking at an unexpected rate. The complaint alleges that Millennium Partners knew in 2009, before residents moved in, that the tower has sunk 8.3 inches rather than the 1-2 inches project engineers said it would have settled upon completion. According to a new survey  by RentCafe the cities of Sacramento and Stockton are numbers 1 and 2, respectively, in annual rent increase nationwide. Sacramento had a 12.2 percent spike and Stockton 10.6 percent last year. San Francisco is the second-costliest market for renters, with San Jose sixth and Oakland seventh. However, San Jose’s rental market remained unchanged over the past year while San Francisco’s fell 0.9 percent and Oakland grew 4.7 percent. The Metropolitan Transit System, which operates buses and trolleys in San Diego County, found  4 million fewer passenger trips, or a drop of 4.3 percent, in fiscal year 2016 compared to the previous year. The drop is most likely due to low gas prices and competition from ride-sharing services, as well as high employment and low interest rates that have allowed people to buy cars. SCAG will hold community meetings to discuss the feasibility of connecting  the Green Line to the Metrolink Norwalk station. By 2023 the Green Line will fully connect with LAX terminals and if the Norwalk extension is completed it could provide rail access to the airport from Orange County and Riverside. Republican Congressman David Valadao has introduced HR 23, designed to streamline  the dam approval process. It would put the federal Bureau of Reclamation in charge of coordinating local, state and federal permitting of new dams. The bill would impose deadlines to finish feasibility studies on proposals for Sites Dam along the Sacramento River and the Temperance Flat Dam along the San Joaquin River. San Francisco voters will be asked to approve a $350 million bond to fund the first round of improvements of the city’s 100-year old Embarcadero seawall . The entire project will cost anywhere from $2 to $5 billion. Since a study last year was released on the devastating effects of an earthquake on the seawall the City has budgeted $10 million to begin a detailed study to find the most vulnerable sections. The San Francisco 49ers are suing  the City of Santa Clara over the team’s financial management records at Levi’s Stadium, confirming their claim that they have turned over all the documents they are legally required to disclose. The City has accused the team of withholding documents on their maintenance, operation, and long-term spending plans for the $1.2-billion stadium and Mayor Lisa Gillmor said the City would take over management of the stadium if it did not receive all documents.

  • Brown Act Defect Invalidates Walmart Initiative

    An appellate court has nullified the result of a 2013 initiative that approved a Walmart in the Town of Apple Valley, saying the town violated the Brown Act in accepting a gift from Walmart to pay for the election.

  • CP&DR News Briefs January 9, 2017: Draft of Housing Needs Assessment; E. Palo Alto Sues Menlo Park; Coastal Commission Audit; and More

    The California Department of Housing and Community Development released the 2025 Statewide Housing Assessment  Public Draft, entitled “California’s Housing Future: Challenges and Opportunities,” at the recent California Housing Forum . The report found annual housing production over the last decade has fallen to 100,000 new homes short of demand; homeownership rate are at lowest since the 1940s; one-third of the state’s renters spend more than half their incomes on housing costs; and the state has 12 percent of the nation’s population but 22 percent of the country’s homeless population. The report presents a variety of broad solutions including streamlining local and state land-use and environmental rules and boosting funding for low-income housing. Broad categories of responses include the following: reforming land use policies to advance affordability, sustainability, equity; addressing housing and access needs for vulnerable populations through greater inter-agency coordination, program design, and evaluation; investing in affordable home development and rehabilitation, rental and homeownership assistance, and community development. HCD will hold a webinar Jan. 13, and workshops will be held in San Diego Jan. 23, Fresno Jan. 30; workshop dates in Sacramento, Bay Area, Redding and Los Angeles are to be announced. East Palo Alto Sues Menlo Park over General Plan Update The City of East Palo Alto is suing  Menlo Park over changes to its general plan and zoning code, claiming that they were adopted in violation of CEQA. The changes in Menlo Park’s M-2 industrial zone would allow up to 2.3 million square feet of nonresidential uses, up to 4,500 residential units, and up to 400 hotel rooms. The lawsuit includes concerns about how the general plan update will affect East Palo Alto, including displacement of residents, traffic, and housing. Facebook recently announced it will donate $20 million to East Palo Alto community organizations to help provide affordable housing however $4.5 million is contingent on any challenge to Menlo Park’s general plan update being “resolved in a manner that is reasonably acceptable to Facebook.” Menlo Park City Council voted to adopt the general plan update, 4-1, which would add as many as 11,570 residents and 5,500 workers between now and 2040. Review Calls for Administative Reform at Coastal Commission A recent “ non-audit review ” (PDF) of the California Coastal Commission by the Department of Finance urges the agency to clean up  its books. The audit came in response to the commission’s request for a $1.46 million loan from the state in June to cover operating expenses. The commission claims that the loan was needed simply because, at the time, it did not have the staff to collect grant payments and reimbursements it was owed. The loan in June was the second loan in two years. The audit found the commission has a billing system that results in half of its invoices staying open for more than 121 days. The agency says last year was a particularly difficult year with the dismissal of executive director, staff turnover, and adoption of a new accounting system. The finance department recommends the commission centralizes its billing practices, develops written procedures, adopts an invoice schedule and increases the frequency of its billings to speed up collection. New Border Community Envisioned in San Ysidro Community Plan The City of San Diego recently adopted  a Community Plan  (PDF) for the neighborhood of San Ysidro that rezones hundreds of acres to attract commercial and residential spaces, as well as adds more parks. The plan is meant to revitalize the relatively poor community, which surrounds what is generally considered the world’s busiest border crossing. This new community plan will replace the existing one that dates back to 1990. The plan would allow mixed-use development for the first time in San Ysidro. The “old town” area would create a 124-acre San Ysidro Historic Village and a “Mexican Village” would become a visitor destination with restaurants, performance spaces, and a theater. The plan increases the community’s number of housing units by 31 percent, to nearly 10,000, and seeks to decrease the percentage of residents who commute by car. Banning Ranch Suit Goes Before Supreme Court The California Supreme Court heard arguments last week on a preservation group’s lawsuit challenging the Newport Beach City Council’s approval of the Banning Ranch development. The Banning Ranch Conservancy is accusing the city of violating its own general plan when the council in 2012 approved a large residential and commercial development for the area. The original plan has been significantly downgraded, but the Coastal Commission rejected the most recent plan and the developer sued in Orange County Superior Court challenging the denial and requesting damages of $490 million. The Conservancy’s ultimate plan is to acquire the property and manage it for public use. The Los Angeles Times reports  that justices “appeared skeptical” that the city had in fact reviewed the project adequately. The court has 90 days to decide the case. Santa Rosa City Council May Decide Fate of Rent Control Regulation Upon completion of a signature-verification process, Sonoma County elections officials  concluded  opponents of Santa Rosa’s rent control law have gathered enough valid signatures to force a citywide referendum. City Council must now decide how to proceed: scrap the suspended law or put it in front of voters. The rent control law has been suspended since the petition was filed in late September. The signature-gathering got complicated when 155 signers asked to be removed after claiming they were misled. The petition gatherers were from out of the area and paid $5 per signature may have intentionally misled people into signing. The City Attorney’s Office investigated and hired a retired police lieutenant to look into the allegations. (See prior CP&DR coverage .) Los Angeles Subway Receives Nearly $1.5 Billion in New Federal Funds Los Angeles Metro announced the promise of $1.5 billion in new federal grants and loans for extension of the Metro Purple Line Extension to Beverly Hills and Century City. Metro received a $1.187 billion construction grant agreement through the Federal Transit Administration’s Capital Investment Grant program, as well as approval for a $307 million loan through the Department of Transportation’s innovative TIFIA program — for a total of $1.487 billion. The project also will receive $169 million in federal funding through the Congestion Mitigation and Air Quality program. Coupled with Metro’s $836 million local match made possible by the Measure R and recently-passed Measure M, providing $2.5 billion now designated to continue construction of one of L.A. County’s most critical public transit projects — a subway primarily underneath Wilshire Boulevard that will connect Downtown to West Los Angeles. Quick Hits & Updates The California Clean Energy Committee filed  a lawsuit against Placer County over the Tahoe Basin Area Plan. The three causes of action according to the lawsuit are failure to comply with CEQA, inadequate findings in the EIR, and failure to recirculate the EIR. The CCEC challenged Placer County’s approval of the EIR in the Homewood Mountain Ski Resort Master Plan. (See prior CP&DR coverage .) Commercial property owners in La Jolla have filed a lawsuit against the City of San Diego to undo  a newly approved La Jolla Maintenance Assessment District that taxes homeowners, apartment-owners, and commercial property owners and uses the funds to spruce up local streets, sidewalks and parks. Those opposed to the tax say it violates California law because it is collecting funds for several services taxpayers are already paying the city to deliver. Commercial properties cover 85 percent of the bill, while condos and single-family homes contribute the remaining 15 percent. An analysis by the Union-Tribune indicates  that SANDAG must find new ways to finance new trolley lines and highway improvements as Measure A, a half-cent sales tax, was rejected by voters in November. Additionally, past revenue projects were too optimistic and variables had to be recalculated in the forecasting model. This means the major projects that were planned will proceed on a slower schedule and with different financing. A Santa Clara County Superior Court judge agreed to halt  implementation of Measure V, Mountain View’s new rent control law. Voters approved the rent control law, which includes rent and eviction controls as well as rolling rents back to October 2015 levels. The Arthouse, a 6,500-square foot warehouse  that housed artists in Fresno is closing its doors because of the increased scrutiny after Oakland’s Ghost Ship warehouse fire in early December. The fire led to debates about the safety of these warehouse art spaces, and many across the nation have been forced to close. While the Arthouse was not particularly targeted, the Fresno Fire Department was prompted to inspect the building following a call about possible code violations.

  • Dispute over Gas Station Erupts into Legal Battle in Sacramento

    Paul Petrovich first started working on his Curtis Park Village development in the early 2000s. In a saga whose 15-year duration would surprise no one involved with urban land use in California, Petrovich produced countless iterations of his mixed-use infill project with 267 homes and a retail center on a 79-acre former rail yard in a close-in neighborhood in Sacramento. By his count, Petrovich produced an environmental impact report 2,000 pages long and, after over 200 community meetings, made 43 concessions to a group of neighbors that commented on project.

  • California's Nastiest Urban-Rural Rivalry

    Last month there was a new development in an old story that I thought had been dead and, well, buried a long time ago.  Needless to say, the City of Los Angeles generates its fair share of sewage. I don’t think any of us want to imagine just how much that is. The people who least want to imagine it are the folks of Kern County. That’s where, for many years, the Los Angeles Department of Sanitation has shipped treated “biosolids" from its Hyperion Swage Treatment Plant. The department owns a euphemistically named Green Acres Farms, where it puts 450,000 annual tons of waste to use as fertilizer.  In 2006 some of those Kern folks decided that these shipments were both insulting and unhealthy. They launched a countywide voter initiative to ban the shipments. The campaign used slogans such as “Measure E will stop LA from dumping on Kern,” and “We got the bully next door flinging garbage over his fence into our yard.” Sensationalist headlines have read , “L.A. Dumps 500 Tons of Human Excrement on to Kern County Daily" -- as if every day a monsoon of sewage rains down on the entire county. The ban passed.  Meanwhile, L.A. kept on flushing and kept on trucking. The city filed lawsuits  to oppose the ban and was allowed to maintain its practice. Last month, a Superior Court judge struck down  the ban, possibly for good. We’ll see whether the anti-sludge forces turn up their noses yet again or whether they learn to live with indignity.  (Meanwhile, a similar protest has arisen over the arrival of high speed rail. Whereas Fresno has largely embraced the train, Bakersfield is ground zero for protests over eminent domain takings. Some aren’t even sure that they want a station .) This spat has long fascinated me. It is possible the most petty example of intra-state rivalry in California, and certainly the most pungent. It’s a rivalry that’s become even more poignant in the wake of Donald Trump’s presidential victory, which put the nationwide divide between urban and rural areas on full display.  As the Trump vote suggests, rural areas often revile urban areas just as much as urban areas ignore rural areas. The implication is that cities somehow exploit rural areas and that rural areas are irrelevant to cities. Of course, neither case is true — but rivalries are not always rational. Kern County voters took personal offense. Los Angeles became a menacing invader that literally craps on rural folk. Unfortunately, these stereotypes belie the benefits that both places derive from each other. Whereas the anti-sludge campaign implied that every Kern resident lives within a whiff of L.A.’s shipments, that’s not exactly the case. Kern County is 8,100 square miles. It's one of the biggest counties in the country. Green Acres Farm is 4,600 acres, in a nondescript quadrant between Taft, Buttonwillow, Mettler, and Bakersfield.  It’s the sanitation equivalent of the Princess and the Pea. In reality, there’s no reason to think that Los Angeles’s trash isn’t Kern County’s treasure. All that manure isn’t going to tend to itself.  In fact, nasty as it sounds, Green Acres is an apt symbol of the symbiosis between rural and urban areas. For every bale of cotton, head of lettuce, and handful of almonds that comes out of the Kern soil, there’s someone in Los Angeles ready to buy it at Whole Foods. Solid waste is part of the cycle of life. Farming itself is hardly a pristine industry. And, indeed, the relationship between the counties is much more complex than trees and turds. Los Angeles has, by some measure, sending entire people to Kern County for decades. Places like Bakersfield, which have always been skeptical of dense urbanism (and, incidentally, supportive of property rights), have become bedroom communities for places like Los Angeles, thanks in part to planning regulations that push development out further and further from center cities (that trend is even more acute in communities like Tracy, farther up the Central Valley). Kern farmers probably don’t like competition for their land, but surely everyone else — from the shopkeepers to county supervisors — is glad to have more residents. In other words, the age-old exchange of material goods for cold, hard cash persists. The odd reversal of Green Acres Farm is but an anomaly in an otherwise healthy, vigorous economy. The lawsuit suggests that the only thing unhealthy is the relationship between places and the images that we have of each other.  And, in case sewage sludge still makes you cringe, don’t forget that Kern County exports something far more disgusting than human waste: oil.

  • CP&DR News Briefs January 2, 2017: Bay-Delta Tunnel Environmental Review; S.F. Streetcar Route; LAFCO Awards, and More

    The state released  a 90,000-page environmental review of the $15.7 billion water tunnel project proposed for the Sacramento Bay-Delta. Gov. Jerry Brown’s plan is pushing for final federal and state approval of the 35-mile long tunnels, which would provide more reliable water supply for Central and Southern California. While the report concludes the tunnels would take 5 percent more water from the Sacramento River than current diversions do, it would be the least disruptive of all possible options. Brown said in a statement that the tunnel project is “absolutely essential if California is to maintain a reliable water supply.” Proponents of the plan include the Brown administration and water agencies in Central and Southern California. Those opposed include some Northern California water districts, farmers, and environmental groups. The project still needs an agreement on financing it by the water districts that would benefit, plus federal and state decision on whether the project complies with endangered species laws. Court Ruling Support S.F. Streetcar Route The First District Court of Appeals in San Francisco ruled  the city had adequately analyzed the Muni streetcar loop in the project’s first environmental report in 1998 and did not have to prepare a new one. The route will be in the city’s Dogpatch area and will make more light-rail service available during peak traffic and special events, such as the Warriors’ planned arena nearby. A lawsuit by a group of residents and business owners argued the 1998 study was obsolete because of an increase in apartments, condos and stores in the neighborhood and therefore the project should be rerouted six blocks south. The original study addressed noise and vibration, dust, air quality, parking, and roadway capacity and found no significant impacts. LAFCO Association Announces Annual Awards The California Association of Local Agency Formation Commissions (CALAFCO) announced  its 2016 Achievement Award Winners. Don Tatzin from Contra Costa LAFCo received Outstanding Commissioner, Cheryl Carter-Benjamin from Orange Outstanding LAFCo Clerk, and Steve Lucas from Butte Outstanding LAFCo Professional. Peter Brundage from Sacramento was given an award for Distinguished Service and John Leopold from Santa Cruz Outstanding CALAFCO Member. Countywide Water Study in Marine was the Project of the Year and Southern Region of CALAFCO received an award for Government Leadership. San Luis Obispo LAFCo was Most Effective Commission. Bob Braltman and Ed Robey received Lifetime Achievement awards. San Diego Program to Promote Biotech, Craft Brewing The City of San Diego is launching  a new incentive program to spur expansions in biotech and craft brewing industries. The program is modeled after a similar effort in Sacramento that lowers the steep cost of paying special sewer hook-up fees that often exceed $100,000. These high fees frequently force businesses to pursue smaller expansions, delay expansion plans or abandon them altogether. The program will use $750,000 from a defunct state tax credit program and buy “stranded” sewer capacity controlled by businesses that use little water but occupy buildings that could use more water. The City plans to buy the excess capacity back at roughly half price and sell it to businesses pursuing expansion at roughly 60 percent of what they would normally pay. Quick Hits & Updates California Coastal Commissioner Wendy Mitchell resigned  after six years on the panel. Mitchell was one of seven commissioners who voted to fire Executive Director Charles Lester earlier this year. She was appointed by Arnold Schwarzenegger. The Strategic Growth Council is hosting  the Transformative Climate Communities Stakeholder Summit on February 10, 2017 from 9:30 am – 4:30 pm at the California Health and Human Services Agency East End Complex in Sacramento. This event is free and open to the public, but registration is required by February 3, 2017. The California Supreme Court must sort out opposing appeals court decisions  about Gov. Jerry Brown’s decision to take land into trust for tribes. While the 5th District Court of Appeal in Fresno ruled against Brown when he concurred in 2012 with a federal decision to put 305 acres into a trust for the North Fork Rancheria Band of Mono Indians the 3rd District Court of Appeals in Sacramento ruled for Brown and his decision to take 40 acres into a trust for a Yuba County tribal casino.  The San Diego Association of Governments has admitted  its researchers underestimated the amount of money that would come in from its sales tax. The agency says to finish all the highway expansion, new transit lines, and other transportation projects promised in a 2004 sales tax extension, it would need almost $17.5 billion from additional sources. Uber announced  it would suspend its self-driving car program in California. This was after at least two cars ran red lights and state regulators tried to revoke their registration. The San Diego Chargers have agreed to lease  part of a Costa Mesa office campus, The Hive, and are working with city officials to secure permits for 3.2-acres of practice fields. Team owner Dean Spanos must decide by Jan. 15 whether he wants to remain in San Diego or join the Rams at its new stadium in Inglewood, which is scheduled to open for the 2019 NFL season. The new Anaheim City Council has ended  the city’s luxury hotel subsidy program and the $300 million Anaheim streetcar project. The reason for the official end is the archaic mode of transportation is incapable of adapting to shifts in demand or population. Southern California home prices  reached a median price of $465,000, which is a 5.9 percent increase from November 2015. In the six-county region home prices have risen every month for more than four years and far outpaced income growth. The Obama Administration awarded  San Francisco $75 million for the $223 million Van Ness Bus Rapid Transit Project that will create a dedicated transit lane and station-like stops. When the project is completed, buses will run every four to five minutes and will improve access to jobs, health care, and opportunities throughout the Bay Area. Line in the Sand, the political arm of Still Protecting Our Newport, has gathered  enough signatures calling for a referendum on a planned 25-story luxury condominium tower in Newport Beach. The group needs 5,800 signatures from local voters to potentially bring the 100-unit Museum House project to public vote.  Airbnb reported it generated  $478 million in economic activity in San Francisco and $128 million in Oakland and Berkeley last year. A previous report from the company showed a majority of the spending goes to the restaurant industry or shopping.

  • How CEQA Helped Elect Trump

    I haven’t had the pleasure of interviewing the president-elect, nor do I ever expect to, unless California actually secedes . But I recently spoke with someone who has discussed land use with him.  Paul Petrovich is the developer who, as I wrote about in CP&DR this week , is suing the City of Sacramento over what he claims is an improper denial of a conditional use permit for proposed gas pumps at his entitled Curtis Park Village. National politics didn’t play directly into what is a hyper-local article, filled with some nasty rivalries. But in my interview with him, Petrovich took a moment muse on national affairs.  As a self-described fiscal conservative, Petrovich said that he was on Trump’s dance card when he visited Sacramento in June. Petrovich shared with Trump a story that California’s developers, Democrat and Republican alike, know all too well: it has taken him the better part of 15 years to pour concrete at Curtis Park Village (notwithstanding the lawsuit). In that time, he said he held over 200 neighborhood meetings and adapted his project in countless ways to satisfy neighbors. He did so in part to insulate himself against CEQA lawsuits that they surely would have filed had he failed to cross a “t" or dot an “i."  Granted, it’s a large project: 72 acres, hundreds of residences, a large retail component, and remediation of a toxic brownfield. It demands careful environmental review. But, still, Petrovich’s point was that regulations — CEQA included — and community opposition have been egregious.  Not surprisingly, Trump, himself a developer, sympathized with Petrovich’s plight. In fact, Trump was “blown away,” according to Petrovich. Petrovich said that Trump has cited, with full Trumpian incredulity, a situation like his in interviews, referring to developers who have to wait 10-plus years to win approvals and land clear of the courts.  Petrovich acknowledged that his is hardly the only tale of regulatory woe. And that’s the point: stories like his gave Trump, and other conservatives, plenty of material for anti-regulation tirades. So, like any number of the microscopic regulations and esoteric court decisions that, collectively, make CEQA a regulatory enormity, so did it pile on to all the factors, large and small, that inspired Trump voters.  CEQA was not explicitly designed to be an obstructionist law. It was designed to uphold environmental quality, a worthy goal if ever their was one. But there’s no doubt that it has, collectively, added eons to the pace of development in California, sometimes with dubious, or nonexistent, benefits to the environment. Pouring molasses on the highway are neighborhood groups — such as Petrovich’s nemeses, Councilmember Jay Schenirer and the Sierra Curtis Neighborhood Association — that send plans back to the drawing board, and, indeed, file suit even after entitlements are granted.  Many of these groups and many other fans of CEQA are genuine environmentalists. Often their efforts do lead to greener projects — but, with adversarial attitudes towards (and from) developers — they lead to delayed projects. Collectively, these obstructionist tendencies add a supertanker's worth of fuel to the anti-regulation fire.  This year, while NIMBY's were tittering about LULU’s, the “drill baby drill” crowd was marshaling its forces. The result: President Trump. Secretary of State Tillerson. Energy Secretary Perry.  Now the country’s environmentalist are facing what may be the most anti-environment administration since God created the Earth. Whatever localized gains California’s environmentalist groups and concerned neighborhood groups have made via CEQA are likely to be undone, and then some, by the policies and projects that Trump will promote.  Petrovich may yet get his gas pumps. And, with a pro-petroleum, climate change denier in the White House, America may yet burn.

  • CP&DR Vol. 31 No. 12 December 2016

    CP&DR Vol. 31 No. 12 December 2016

  • CP&DR News Briefs December 26, 2016: L.A. Ballot Measure Update; Offshore Fracking Controversy; 'Best Performing Cities;' and More

    A report  by Beacon Economics estimates that the City of Los Angeles would lose $70 million per year in sales tax, property tax, and other taxes as well as 12,000 jobs if Measure S passes. The measure, known also as the Neighborhood Integrity Initiative, will be on the March ballot. Supporters the measure, which would place restrictions on development and require updating of the city’s community plans, have raised more than $1.4 million and those opposed at least $975,000. L.A. Mayor Eric Garcetti will campaign against the measure because he is concerned it will threaten the city’s economy. Meanwhile, Opponents of Measure S have been sued  for submitting inaccurate statements for a city voter guide. According to the lawsuit the ballot information cited “independent economic studies” showing lost jobs and tax revenue if the measure were to pass. Supporters of the measure say the city needs to crack down on “mega-developments” that have hurt the city’s quality of life and increased traffic. While opponents say the measure would worsen LA’s housing shortage and hurt the economy. (See prior CP&DR coverage .) State Officials Object to Feds’ Endorsement of Offshore Fracking California State Attorney General Kamala Harris and the California Coastal Commission have filed a lawsuit challenging the federal government’s finding of fracking off the coast being environmentally safe. The lawsuit in federal court says the Department of Interior failed to take a “hard look” at the environmental effects of 22 offshore oil platforms that use techniques including acid and hydraulic fracturing, known as fracking. Two environmental groups sued over the processes last year, and the federal government agreed to do a new environmental assessment. The government found no significant environmental impact. The lawsuit challenges the assessment, and demands a more extensive evaluation. The Obama administration announced it will block oil and natural gas drilling in parts of the Artic and Atlantic Oceans. Gov. Jerry Brown, along with Democrats in the U.S. Senate from Oregon and Washington, sent letters to the White House to make similar protections of the California Coast. (See prior CP&DR coverage .) California Scores Well in Report of ‘Best Performing Cities’ Santa Monica-based Milken Institute Center for Jobs and Human Capital issued  a report of Best Performing Cities ( pdf ), highlighting which American cities have created and sustained jobs. Six of the 25 spots were secured by California cities. Included is San Jose-Sunnyvale-Santa Clara as the top-performing large metro in the nation, San Francisco-Redwood City-South San Francisco as fourth, Oakland-Hayward-Berkeley as 18th, Anaheim-Santa Ana-Irvine as 19th, Santa Rosa as 20th, and San Luis Obispo-Paso Robles-Arroyo Grande as 25th. L.A. Adopts Renters ’ Rights Ordinance s LA Mayor Eric Garcetti signed  an ordinance that requires tenants facing eviction from rent-controlled apartments to be fully informed of their rights to relocation compensation. These costs range from $7,900 to $19,700 and provide renters sufficient time to move out. The new law requires landlords to tell tenants, prior to reaching a buyout agreement, that there is a more formal process with the city in which they may be entitle to more relocation money and protections than they initially realized. Los Angeles has roughly 624,000 rent-controlled units house about half of LA families. Garcetti also signed  the Tenant Buyout Ordinance. This key addition to the City’s Rent Stabilization Ordinance is another step toward curbing the housing affordability crisis. The new ordinance required landlords to file buyout agreements with the City, so that staff can better monitor the process and permits renters to withdraw from the agreement within 30 days. Los Angeles County Growth Rate Slows Los Angeles County saw a larger overall increase  to its population than any other California county over the past year. LA County grew by more than 43,000 people, accounting for 15 percent of the state’s overall population increase according to the state Department of Finance. However L.A. County has 10.2 million people, whereas second-place San Diego County only has 3.3 million. LA County had the smallest population increase since the 2010 census, resulting from a negative net migration. This meant about 15,000 more people left the area than moved into it but the natural increase from birthrate was about 59,000. Sustainable Planning Grant Deadline Extended The Strategic Growth Council (SGC) in partnership with the Office of Planning and Research announced that the deadline for applications to the  Sustainable Communities Planning Grant and Incentives Program : Best Practices Pilot, Guidelines and Application has been extended to February 9. The program is an effort to support local land use planning related to climate and the State’s statutory planning priorities. SCPGIP funding in the amount of $250,000 will be available for applicants to apply for up to $50,000. These grants will support the development and/or implementation of a specific portion of a land use plan, land protection or management practice, or development project, that targets sustainable development and the State’s climate policies. This small grant is not intended to fund a long-range plan or project in its entirety. Proposed applications must support local implementation of state policies, with a focus on creating more resilient communities through climate adaptation and mitigation. Quick Hits & Updates Sierra Watch has filed  a lawsuit against Placer County for the Squaw Valley’s expansion plan alleged violation of CEQA. The plan includes 1,500 rooms, 300,000 square-feet of commercial space and a 90,000 square-feet “mountain adventure center.” The supervisors heard from about 100 speakers during an all-day hearing. (See prior CP&DR coverage .) The Bay Area job market  reached its lowest unemployment level in 15 years. In East Bay the unemployment rate is 4 percent, South Bay 3.5 percent, and San Francisco-San Mateo area it is 3 percent. The Orange Country Transportation Authority recently approved  a conservation plan that protects more than 1,300 acres of wilderness from development. This is part of the Measure M Freeway Environmental Mitigation Program. The certification of the final conservation plans, known as the Natural Community Conservation Plan/Habitat Conservation Plan and associated EIR is the culmination of nearly 10-year effort. Caltrans will begin selling  homes, apartments, and lots acquired in the 1950s and 1960s for a proposed extension of the 710 Freeway between Pasadena and Alhambra. The 6.2-mile project has been stalled by decades of litigation and legislation stalled the 6.2-mile project and continues to face fierce opposition. Tenants of the 42 properties that will be sold first, have three months to respond to the agency if they have any interest in buying their homes. (See prior CP&DR coverage.) State investigators cleared  California Coastal Commissioner Erik Howell of allegations that he improperly voted for a housing project in Pismo Beach after receiving a $1,000 campaign donation from someone with an interest in the development. The Fair Political Practices Commission announced it found insufficient evidence that state law was violated. Howell is also a Pismo Beach city councilmember. Huntington Beach Planning Commissioner Michael Hoskinson resigned  after a comment he made online denigrating Islam. As City Mayor Delgleize explained, “If you’re an elected official, or appointed by an elected official, you are held to a higher standard.” The METRANS Transportation Center at USC was recently awarded  a $12.5 million grant from the US Department of Transportation to study and solve a range of transportation concerns, from issues with mobility to challenges that affect public access. Leading the Pacific Southwest Region University Transportation Center, the new center spans four states and seven other research institutions in the Southwest. Kern County Supervisors dissolved  the County Parks and Recreation Department and moved its staff and functions into the General Services Department. Other county departments have been merged into mega-departments in recent years, creating the Public Health Services Department and Public Works.

  • CP&DR News Briefs December 19, 2016: HIgh-Speed Rail Bond Sale Approved

    The California High Speed Rail Authority approved  $3.2 billion in the first major sale of voter-approved construction bonds. Around $2.6 billion will be dedicated to a 119-mile leg connecting Fresno to Madera and $600 million to electrify a 55-mile stretch of existing Caltrain tracks in the San Jose area. The authority hosted a public meeting in Los Angeles to discuss the 12-mile, Burbank-to- downtown portion of the $64 billion project. The train will follow the existing rail corridor used by Amtrak, Metrolink and freight trains in Los Angeles; it will not go underground in downtown, as previous plans had proposed. The latest projection is for the system to be fully operational in 2029 and the draft EIR to be released next summer. Meanwhile, attorney Stuart Flashman has filed a lawsuit claiming that AB 1889, a bill that approves use of high speed rail bonds funds for Caltrain electrification, was improper and illegal under the terms of the system's voter-approved bond measure.  San Francisco Adopts Plan for Natural Areas The San Francisco Planning Commission and Recreation and Parks Commission jointly approved , with only one dissenting vote, a comprehensive new plan for the city’s natural areas. The plan, originally proposed ten years ago, will review the biology and geology of the Recreation and Park Department’s 32 natural areas and trails, and it will outline maintenance and capital improvements within the next 20 years. The changes that would occur are changes in urban forestry management, removal of off-leash dog areas in sensitive environmental areas, and changes of Sharp Park’s golf course. Over 18,000 trees would be removed throughout the park system under the plan, with the majority being eucalyptus trees in Pacifica that will be replaced with native trees. Fresno Approves Plan for City’s Beleaguered Southwest District The Fresno City Council approved , 6-0, the Southwest Fresno Specific Plan, which will guide development of 3,200 acres in the next few decades. The area includes some of the city’s most impoverished neighborhoods. The new plan calls for two “magnet cores” that contain primarily retail, including grocery stores, high-density housing, medical facilities, possible community college, and a park. A major element of the plan includes eliminating industrial zoning for new development and instead replacing it with less-intensive office zoning. Developers say they have steered clear of the area because of its high costs and lack of good land-use planning. City staff and consultants will now begin a draft EIR and the Fresno Planning Commission and City Council will vote next fall. (See prior CP&DR coverage  of planning in Fresno.) Lancaster Eliminates Parking Minimums in Commercial Zones The City of Lancaster, a relatively low-density bedroom community north of Los Angeles, has approved an ordinance eliminating  parking minimums for commercial zones. This decision, according to the staff report, “will help to reverse…sprawling development patterns, and the resulting fiscal liabilities.” Requiring excessive parking increases the cost of doing business by needing more land and costs of maintain them, which is eventually paid by the customer, according to the staff report. The ordinance includes a safeguard clause to prevent extreme abuse by requiring developers to determine the number of parking spaces sufficient for the proposed use and providing justification to the Director of Development Services and/or the Planning Commission. Oakland Approves Last-Ditch Effort to Keep Raiders The Alameda County Board of Supervisors, 3-1, and Oakland City Council, 7-0, approved to negotiate a formal agreement  for a $1.3 billion stadium that would seat 55,000 and include mixed-use retail in order to keep the Raiders in the city. The nonbinding term sheet showed the stadium would be funded with a mixture of private money from Ronnie Lott’s investment group for a total of $400 million, $500 million from the NFL and Raiders, and $350 million in public money to fund infrastructure improvements. The public money would include $200 million from the city of Oakland to fund storm drains and roadway parking and land that is valued at $150 million. The land will either be sold or leased; this is one of the remaining issues that must be resolved. While Raiders owner Mark Davis, has previously said he was committed to move the team to Las Vegas, but NFL owners have the final say. Last week, NFL Commissioner Roger Goodell hinted  that the Raiders are closer than ever to moving to Las Vegas. Eviction Rates High in California According to data released  by Redfin, 2.7 million renters faced eviction last year, and a disproportionately high number came from California. In Southern California, one out of every 33 Inland Empire renter households was evicted  in 2014, the ninth-highest eviction rate among big metro areas. Orange County ranked 17th among 32 large metros and Los Angeles County ranked 20th, with one out of every 80 renters losing their home. To gather the data, Redfin analyzed 6 million eviction records in 19 states. Additionally Southern California has a high number of “cost-burdened” renters, those paying more than 30 percent of their income on rent. Inland Empire has over 137,300, Orange County has 232,500, and Los Angeles County to 990,000. Sacramento Considers Transportation Impact Fee Sacramento is expecting 68,000 houses and apartment units in the next two decades and may ask developers to pay a “ transportation impact ” fee on new construction to fund more and wider streets and improve biking and pedestrian facilities. The amounts from single-family and apartments, ranging from $700 to $2,000 per unit, could generate up to $3 million per year and could provide a critical “local match” funds to allow the city to compete for federal and state transportation grants. Lawmakers Propose Housing Measures in New Session Sen. Toni Atkins (D-San Diego) introduced  SB 2, the Building Homes and Jobs Act, that would establish a permanent source of funding for affordable rental or ownership housing, supportive housing, emergency shelters, transitional housing and other housing needs via a $75 recordation fee on real estate transaction documents. As a companion measure, Sen. Jim Beall (D-San Jose) introduce SB 3, the Affordable Housing Bond Act of 2018, that authorizes a $3 billion general obligation bond to fund existing and highly successful affordable housing programs and infill infrastructure projects. Quick Hits & Updates The Strategic Growth Council and Office of Planning and Research released the “ Sustainable Communities Planning Grant and Incentive Program: Best Practices Pilot, Guidelines and Application .” The pilot supports local land use planning related to climate and the State’s planning priorities. The program has $250,000, with applicants able to apply for maximum $50,000. These grants will support the development or implementation of a specific portion of a land use plan, land protection or management practice, or development project that targets sustainable development and the state’s climate policies. Google’s parent company, Alphabet, has filed  paperwork with the city of Mountain View to build 330 units of housing near its headquarters. Similarly, Facebook has announced plans to build 1,500 units in Menlo Park and donate and additional $20 million to a community partnership that supports affordable housing and tenants’ rights services in the community. Bay Area cities have been favoring new office space rather than residential units because of the higher tax revenue gained through commercial properties. Building housing units requires cities to spend funds on schools, police, fire and libraries. (See prior CP&DR coverage .) The San Francisco Municipal Transportation Agency filed  a complaint with the California Public Utilities Commission to call out the commission for failing to reasonably limit the growth of the ride-hailing industry. Transportation Network Companies have nearly 45,000 drivers circling the streets of San Francisco, which, Muni claims, slows traffic and causes increased carbon emissions and other environmental impacts. The Los Angeles County city of South Gate is not scheduled to receive light-rail service until early 2040s, but the city is already planning  a framework for a future transit-oriented district near the anticipated station. The area could support upwards of 500 residential units, 230,000 square feet of office and light industrial space, and neighborhood shops and restaurants. The area will be connected to Downtown Los Angeles and the Green Line through the second phase of the West Santa Ana Branch. In the ongoing controversy over San Diego’s Affordable/In-Fill Housing and Sustainable Buildings Expedite Program, architect and former Planning Commission member Tom Golba has been singled  out by the Union Tribune for possible improper donations to Mayor Kevin Falcouner’s campaigns. According to the Union-Tribune, Golba has been involved with a relatively high number of projects that take advantage of the program. Mayor Ed Lee of San Francisco vetoed  legislation that would have restricted short-term rentals to 60 days a year. The ruling that was approved by the Board of Supervisors last month would have made enforcement of the current law “more difficult and less effective” according to Lee. The veto means the current law will remain in place and hosts can rent their house or apartment an unlimited number of days, or entire homes up to 90 days a year. The California Coastal Commission is fining  two Malibu property owners $5.1 million combined for denying surfers and other beachgoers access to the beach. In one case, the owners must build two stairways to the sand, install a signalized crosswalk, and pay fines to a local conservation agency. These are the first such penalties the commission has ever imposed on property owners for violating beach access provisions of the California Coastal Act. The US Department of Transportation recently announced  UC Davis Institute of Transportation Studies as the winner of a $14 million grant. The National Center for Sustainable Transportation is one of five national transportation centers awarded under the University Transportation Centers program reauthorized by the federal Fixing America’s Surface Transportation Act. The California Supreme Court decided  that online travel companies such as Expedia, Hotwire, and Priceline.com are exempt from paying hotel occupancy taxes. Local governments have been attempting to get these firms to pay hundreds of millions of dollars in back taxes. A Los Angeles City Council’s committee moved ahead  with a plan to decriminalize illegal street vending and allow sidewalk vendors to operate under strict limits. The new plan would allow street vendors to obtain permits to operate, and limit the vendors to two per side of a city block. Additionally, businesses adjacent to the carts would decide whether to approve their presence. Four San Diego City Council members are preparing to offer  Chargers owner Dean Spano a lease of $1 a year for 99 years for the Qualcomm Stadium site as a starting point for negotiations for a new stadium. The Chargers have until mid January to decide to join the Rams in a stadium in Inglewood scheduled to open in 2019. The Burbank City Council has directed its city manager to negotiate  with Metro and the City of Los Angeles over Metro’s plans to build a Metrolink station on the north side of Hollywood Burbank Airport. The unanimous vote from Council members was to figure out which agency will be in charge of operating and maintain the estimated $15 million station. The Los Angeles City Council approved  the latest joint venture partnership and timeline for the $950 million Frank Gehry-designed development across from Walt Disney Hall. Awaited since the mid-2000s, the project will break ground in 2018 and open in 2022.

  • New General Plan Trumps Old Specific Plan, Cal Supremes Rule

    In an important new decision, the California Supreme Court has ruled that a new general plan trumps an old specific plan in determining a property’s development potential. The Supreme Court’s ruling overturned a Court of Appeal decision and affirmed a successful citizen referendum reversing the Orange City Council’s decision to permit 39 houses on 51 acres on a golf course site in Orange Park Acres.

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