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- CP&DR News Briefs, March 2, 2015: Google Presents Plan for New HQ; SF May Outsource Affordable Housing; Fresno Approves Water Plan; and More
Google unveiled a "whimsical" proposal for a massive new headquarters in Mountain View designed by architect Frank Ghery. The plan, which would include new office space and public trails, has been met with skepticism by the Mountain View populace, wary of the increased traffic in the city of 75,000. The city has already approved 3.4 million square feet of expansion for Google, but now it is requesting 2.5 million more of "bonus floor area ratio," potentially allowed by the city in exchange for community enhancements. Now, it's in competition with social media site LinkedIn, which may set up an expensive and politically-charged fight in Mountain View's North Bayshore. Oakland Welcomes S.F. to Export Affordable Housing With San Francisco's housing pressures getting worse by the day, the City of Oakland may encourage its Bay Area neighbor to consider outsourcing its rental housing. Oakland Mayor Libby Schaaf wants to allow San Francisco developers to fulfill their requirements by building some affordable housing in Oakland. Such an arrangement could take the form of a regional housing partnership, though details now are slim. A spokeswoman for San Francisco's Mayor Ed Lee said that they are committed to making one-third of a planned 30,000 new housing units affordable in the next five years. The definition of "affordable" varies by city, with an affordable housing unit in San Francisco translating into about $500,000 for a two or three bedroom house in Hunters Point. Oakland has, historically, been considerably less expensive. Miriam Chion, ABAG's director of planning and research, told the San Francisco Chronicle, "I think Oakland and San Francisco have taken the current economic growth and development pressure as an opportunity to collaborate and address some of the pressing housing needs and needs for planning for regional job growth." Fresno Approves New Water Source Project Fresno's city council approved a visionary new plan to secure a steady supply of clean water for the city after several years of groundwater depletion due to the drought. The $429 million project initiated by Mayor Ashley Swearnegin would replace miles of old pipes and build a new surface water treatment plant. To fund the project, officials would have to raise water costs - possibly doubling the costs for a single-family residence from around $25 to $49 in 2019. Today, about five out of every six gallons used by Fresnans come from groundwater sources, which has helped to contribute to a sinking of land in the Central Valley. New Transit Center to Sell Naming Rights for Construction Costs San Francisco's Transbay Transit Center is taking a page from Chicago's book and trying to sell naming rights to some of its public spaces. In an attempt to raise some of the $300 million in construction of the center slated to open in 2017, the Transbay Joint Powers Authority is seeking to sell naming rights to private companies for various parts of the center. Sponsors can opt for a five-year deal to name certain areas of the center - including an amphitheater, the main plaza, and at least 13 gardens - or a 10-year deal to name the whole park. Peninsula Watershed Could Open Its Trails to the Public The San Francisco Public Utilities Commission unveiled a new proposa l to expand public access to the Peninsula Watershed, hoping to allow more hikers and bikers to use the Fifield-Cahill Ridge Trail. The proposal shows a split within nature enthusiasts, some of whom have been clamoring for a loosening on the strict management of the watershed, and others who fear for the conservation of local wildlife and water quality. The new proposal comes as one piece of a larger system of improvements to the trail system in San Francisco in an attempt to plug a major gap in the 550-mile Bay Area Ridge Trail going around San Francisco Bay. VA to Develop Permanent Housing for Homeless Vets Following a lawsuit, the US Department of Veterans Affairs has pledged to open its West Los Angeles campus to permanent and temporary housing for the area's homeless veterans. It will also place returning service members in subsidized apartments in the city. "The challenge for L.A. even if we end veteran homelessness is we're going to have to maintain sufficient resources so we're not just creating housing but maintaining housing," said the executive director of the National Coalition for Homeless Veterans. The secretary of the VA said that he will be sending $50 million and 400 workers to the region to improve veterans' conditions. The plan also calls for the VA to hire an urban planning firm to draw up a new master plan for the West Los Angeles property. San Diego Reacts to Charger Stadium Deal in L.A. San Diego officials are scrambling to find a way to raise funds to build a new stadium to keep the Chargers in town following a surprise announcement that the team was looking into a deal to build a joint stadium with the Oakland Raiders in Carson. The latest proposal for the $1 billion project: a county "bridge loan" proposed by Supervisor Ron Roberts, in which the county would front the money for the part of the project requiring public funds. The money would not need to be paid back until surrounding developments begin to generate a cash flow. Roberts said that the proposal would likely work better at the existing Qualcomm Stadium than at a new stadium downtown. San Diego taxpayers have, thus far, been reluctant to support funding for the stadium with public dollars. Officials Want a Plan for Redevelopment of Kings Stadium Officials in the North Natomas area of Sacramento are becoming anxious as the owners of the Sacramento Kings still have not announced plans for how to redevelop its current home when the team moves downtown. City Council Member Angelique Ashby recently requested that the team announce a timeline for redevelopment. A team representative told the City Council that the team planned to step up its efforts to find a use for the 200 acres surrounding the Sleep Train Amphitheater. "I don't want to wait until 2016 and the team is gone and that engine is gone for Natomas before we have a plan for how we're moving forward," Ashby told the Sacramento Bee. The Kings will move into their new $477 million arena downtown next fall. Many locals have advocated for a new hospital on the premises.
- CP&DR News Briefs, March 10, 2015: L.A. Football Stadium Seeks Public Approval; Claremont Seeks Taking of Water Agency; Redlands Rail EIR Approved; and More
Proponents of a stadium that would jointly host the relocated Oakland Raiders and San Diego Chargers in Carson put together a ballot initiative to seek local approval for the project. The measure would approve the creation of a public authority in Carson, akin to the arrangement the 49ers used to build their new stadium, that would own the stadium and lease it back to the teams. Public approval would nullify many potential objections that might otherwise arise during environmental review and delay the project. This tactic was cleared with last year's Tuolumne court decision. The stadium has the backing of an investment group led by Goldman Sachs that lent $850 million to the public authority to finance construction, to be paid back by stadium revenue. In a major divergence in this plan from a concurrent plan for a stadium in Inglewood, presumably for the relocated St. Louis Rams, proponents say that the stadium will be publicly owned, but that no tax money would be spent on its construction. "Period. End of discussion. Not one penny will go into the project," said an attorney representing the project. Claremont Seeks Eminent Domain Taking of Water Agency Seeing spiking water rates compared with those of neighboring communities, the City of Claremont initiated eminent domain proceedings to take over a private water agency that has served the community for 80 years. The suit, authorized by a unanimous city council vote, targets Golden State Water Co., an investor-owned purveyor whose rates are set regionally by the Public Utilities Commission. The city contends that the company has been overcharging residents; rates have doubled since 2008 and are now higher than they are in 10 cities immediately neighboring Claremont. Claremont voters, by more than two to three margin also approved up to $135 million in bonds - paid for by increases in the water bills of taxpayers - to buy the system. The city has offered $55 million for the agency; attorneys for Golden State told Capitol Weekly that it is worth more than $100 million. Final EIR Approved in Redlands Rail Project The Redlands Passenger Rail Project received final approval of its EIR, clearing the way for final design and construction later this year. The $242-million, nine-mile project will connect the cities of Redlands and San Bernardino via an existing right of way. Projecting population growth and increased congestion, and factoring in the physical barriers of the Santa Ana River and Interstate 10, in 2004 the San Bernardino County Association of Governments to look at cost-effective travel options for communities along the Redlands Corridor. SANBAG is expecting to have the service in operation in 2018. Delta Property Owners Scramble to Prove Water Rights Over 1,000 property owners across the Sacramento-San Joaquin Delta and the Central Valley are scrambling to prove they have a right to divert water from the system's streams. They are required to do so because of a state order from the State Water Resources Control Board, which may order owners who can't submit proof - sometimes buried in county parcel maps dating back to the 1850s - to stop diverting water entirely as California enters its fourth year of drought. State agencies suspect that water released from their reservoirs is being inappropriately diverted by property owners in the Delta as it flows past their land. "We had rights and used that water before the state even had any departments," said one property owner told the Sacramento Bee . "It's very difficult to prove it." The order went to 1,061 "senior rights" holders, meaning that they were given rights to the water before 1914. Study: L.A.'s Heat Island Reduces Fog A new report by Columbia University suggests that growth of the Los Angeles region's urban footprint is causing the city's fog to dissipate. The study shows that the frequency of fog over the city, including the famous "June gloom," has decreased by 63 percent since 1948 because of the "heat island effect," in which urban areas become hotter during the day as heat is trapped in concrete surfaces. Besides the environmental consequences, the report warns that the disappearance of fog could have economic impacts as temperatures rise and use of air conditioning increases. Redondo Beach Voters Let Power Plant Stand Despite the pleasant seaside location of Redondo Beach, the city's landscape is dominated by the industrial hulk of a now shuttered power plant. This month city voters rejected a redevelopment for the plant, with only 48 percent of voters voting yes on Measure B. The measure, which roused passions on both sides, was sponsored by AES, which owns the site. It would have allowed for the site, blocks from the beach, to be redeveloped into a hotel, retail space, and 600 residential units. Despite widespread distaste for the plant, opponents of the measure argued that it would have led to overdevelopment and intolerable traffic. They have called on AES and the city to consider a more modest development plan. Kids' Health Benefits from L.A.'s Decrease in Smog Generations after the Los Angeles area first declared a war on smog, health indicators among the region's children are vastly improved. A study by the University of Southern California, published last week, found that the percentage of children with impaired lung function has dropped by half since 1994. The study followed children in high-pollution communities, including Long Beach, Riverside, and San Dimas, comparing lung health of children in those areas today compared to that of 20 years ago. USC says that it is the first such study to track changes over time. The Los Angeles area has combated pollution in a number of fronts in recent years, requiring truck and ship engines and stricter pollution controls on industrial facilities. Fine particle pollution has declined by up to 50 percent over the past 20 years. The region remains one of the nation's most polluted.
- CP&DR News Briefs, March 30, 2015: San Jose General Plan Lawsuit; L.A. 'McMansion' Moratorium; Sacramento Backyard Farming; Shoup to Retire; and More
The City of San Jose's 2011 general plan, known as Envision 2040 and designed to focus growth in urban nodes and balance the city's job and housing mix, is now facing a lawsuit from a Davis-based environmental group for allegedly causing sprawl. The nonprofit California Clean Energy Committee claims that the plan improperly prioritizes economic development over housing and is short by 109,000 housing units, and that the shortage will push development to other cities and cause more traffic as workers drive to their jobs. Officials dispute that, saying that the plan prioritizes jobs following decades of city approval of residential projects without thought. Officials will head to court next month to argue against a broad decision that would force the city to do a time-consuming and costly do-over of the entire plan. "If we're more economically vibrant, yes, people will potentially drive from elsewhere," San Jose Councilmember Pierluigi Oliverio told the San Jose Business Journal . "But what's the alternative? You want to turn us into the only housing suburb for San Francisco? LA. Passes Temporary 'McMansion' Ban The Los Angeles City Council issued a two year ban on "McMansions" in 20 areas of the city. The ban will put restrictions on the size of new, single-family dwellings to stanch the "proliferation of out-of-scale developments that threaten the cohesion and character of neighborhoods," according to a city report. Stakeholders in the affected communities have long raised concerns about the practice of building homes that occupy substantial portions of their lots. These homes are often built up to the property line and can loom over neighboring homes. The City Council passed a similar ordinance in 2008 to control the size of homes in Los Angeles, but loopholes allowed larger homes to rise and prompted the new ordinance. Developers and building industry representatives decry the moratorium for preventing property owners from maximizing the value of their properties. Urban Farm Ordinance Approved in Sacramento A new ordinance passed by the Sacramento City Council will allow residents to build minature farms on private properties and sell produce out of urban farm stands. Prior to the ordinance, growing produce for sell was only allowed in specially zoned lots. But now, urban farmers will be able to open urban farm stands with a business operations tax certificate. One goal of the ordinance is to reduce urban blight and bring fruits and vegetables to "food insecure" populations whose access to fresh produce is limited in low-income neighborhoods. By building farms up to 3 acres, residents would be able to grow and sell food directly from their properties and get tax incentives for turning lots into minifarms. Study Promotes Use of Rooftop Solar Power in L.A. The Los Angeles Department of Water and Power has the opportunity to expand the amount of local solar use to 150,000 megawatts, enough to power 355,000 homes, by installing solar systems on up to 10,000 acres of rooftops, according to a study sponsored by the L.A. Business Council conducted by UCLA's Luskin Center for Innovation and USC's Program for Environmental and Regional Equity. The study focused on opportunities located in what the study identifies as "solar equity hotspots" - neighborhoods with abundant rooftops and great need for economic investment and jobs. The hotspot areas exist in the San Fernando Valley, East Los Angeles, and areas west of Downtown, including Hollywood. In many cases, solar training programs that target less advantaged workers. "Los Angeles has a unique confluence of characteristics providing a firm foundation for a successful solar FiT (feed-in tariff) program: abundant sunshine, a trained workforce and tremendous economic need," said Dr. Manuel Pastor, Director of the USC Program for Environmental and Regional Equity, in a statement. "Growing the FiT will bring economic opportunity to some of our city's most underserved and environmentally-challenged neighborhoods." The city is offering financing programs to help homeowners and businesses install solar systems. Producing 1,500 megawatts of clean solar power over the next decade would cut greenhouse gas emissions by more than 20 million metric tons and create more than 36,000 new job years, according to the study. Groups Call for More Funding for Active Transportation Program Over 120 organizations statewide signed a petition urging the state to increase its investment in the Active Transportation Program (ATP), which seeks to improve bike and pedestrian infrastructure statewide. In the last round of ATP funding, more projects applied for the program than could be filled with the $300 million biannual funds allocated to the program, leaving over $800 million worth of ready-to-go projects unfulfilled. The petition -- signed by community and advocacy organizations that focus on health, walking biking, the environment, and economic policy -- calls for a $100 million increase in ATP funding and clearer rules to make sure that low-income communities are benefiting from the ATP. "We know that 20 percent of trips by Californians are on foot or by bicycle, but despite the overwhelming demand for projects that create safer streets, sidewalks, bike lanes, and pathways, the state Active Transportation Program still only receives around one percent of Caltrans' annual budget," Jeanie Ward-Waller, Senior Policy Manager for the Safe Routes to School National Partnership, told Streetsblog . Planning Scholar Donald Shoup to Retire in June Renowned urban planning professor Donald Shoup announced that he will be retiring from UCLA in June. Widely known as the "parking guru," with enthusiastic followers know as "Soupistas," Shoup is credited with revolutionizing the ways that cities view the relationship between parking and land use. His 2005 book The High Cost of Free Parking, which criticizes standard methods of deterring parking requirements, and his ideas on parking policies have led cities across the world to adapt new policies for parking requirements and to charge fair market prices for curb parking. "I can't think of anyone who has made more scholarly contributions to the field of parking and transportation than Donald Shoup," said Dean Frank Gilliam in a statement . River Restoration May Cost City of L.A. $1.2 Billion New estimates show that the City of Los Angeles could bear the brunt of the costs of restoring the Los Angeles River to a more natural state, possibly shouldering as much as $1.2 billion for the project. City leaders were originally hoping to split the expense evenly with the federal government, whose Army Corps of Engineers originally built the concrete channel that now defines the river, by contributing about $500 million to the project, but now it appears that the city could bear over 70 percent of the costs. The restoration could take 30 to 40 years, and it is expected to introduce the most dramatic changes to the river since it was lined with concrete in the middle of the 20th century. "Real estate in L.A. is extremely expensive, and a project done in a highly urbanized area makes this more expensive than any other restoration project in the country," Jay Field, a spokesman for the Army Corps, told the L.A. Times . Tenants Ordered to Vacate Hollywood Building Five months after a judge ruled that a 22-story apartment building in Hollywood was improperly approved, officials ordered the project's developer, CIM Group, to evict the tenants living there. The suit was brought by attorney Robert Silverstein, who has repeatedly invoked CEQA to fight development in Hollywood. Opponents of the project, called Sunset and Gordon, claim that it violated terms of the project approval by demolishing a 1924 that was supposed to be preserved. Officials estimated that the 299-unit complex had about 40 tenants living there when the eviction order came. "In 24 years at the city, I personally have not seen this before," Luke Zamperini, a Building and Safety spokesman, told the L.A. Times . Hollywood has seen other legal setbacks recently as it tries to implement Mayor Garcetti's vision of larger, denser developments in the neighborhood. Target had to stop work on a shopping center after a judge said that officials improperly allowed the project to exceed the 35-foot height limit. Another judge invalidated the Hollywood Community Plan Update, which called for taller and denser construction near transit, for using outdated demographic data. Great Park Audit: Irvine May Recover Some RDA Funds An audit of the Orange County Great Park project commissioned by the Irvine City Council to see if money was wasted in designing the project shows that the city may be able to recover some lost money. The audit blamed a lack of realistic financial planning, as cost estimates shot up to $1.24 billion from the original estimate of $401 million. Projections in 2009 showed that the Great Park could only afford to build and maintain about $61.2 million of facilities, according to the attorney's findings. The city has since 2005 spent more than $250 million building 88 acres of the 1,3000 acre former marine base.
- CP&DR News Briefs, March 16, 2015: AHSC Grant Process Progresses; Calif. Transportation Plan Released; and More
Strategic Growth Council staff are currently finalizing the review of submitted concept proposals for Affordable Housing and Sustainable Communities grand program. All AHSC applicants will be notified of the results of the concept proposal reviews by no later than Monday, March 16th. The full application will be posted on or before Wednesday, March 18th. The due date for the full applications will be extended to April 20, 2015. Applicants will be notified when the full application is available via email. For more details, see CP&DR's coverage of the AHSC workshops. Draft of California Transportation Plan Released Caltrans released its long-range draft plan for the next 25 years of transportation projects in California. The plan, called the California Transportation Plan 2040 , presents a wide range of strategies to reduce the transportation sector's greenhouse gas emissions, as required by the A.B. 32 Global Warming Solutions Act. The plan says that the state will not meet its reduction goals unless it implements every one of the plans most aggressive recommendations -- including road pricing, increasing carpool trips, building bike lanes, and changing most of the cars and trucks on the road to zero-emission vehicles. However, there's some concern that the plan won't come with any "teeth," and that Caltrans won't be able to enforce its directives. Odds of Earthquake Danger Revised Upwards Based on newly analyzed data, geologists have raised the chances of California being struck by a magnitude 8.0 earthquake in the next three decades to 7 percent from 4.7 percent. Part of the reason for the increased risk is a growing knowledge base of California's faults. "It has become increasingly apparent that we are not dealing with a few well-separate faults, but with a vast interconnected fault system," seismologist Ned Field told the Los Angeles Times . Scientists now expect a magnitude 8.0 or greater quake - which would be devastating to a populated area - to come once every 500 years, as opposed to previous estimates of once every 600 years. Cities across the state, most notably Los Angeles, are embarking on programs to encourage seismic retrofitting of older buildings. In other earthquake news , a USGS analysis of the damage wrought by last year's earthquake in Napa reveals that the vast majority of damaged buildings were built before 1950. Desert Solar Lands Cut In response to over 12,000 mostly critical comments on the draft plan to create renewable energy facilities in deserts across the state, the Desert Renewable Energy Conservation Plan will for now only apply to public lands, reports the L.A Times . The plan originally would have managed renewable energy projects on 22 millions acres of public and private lands, but many counties objected to having the state and federally funded programs on their land. Now, officials say that they will first focus on 10 million acres of public lands, and roll out the rest later once local issues are resolved. The lands under the permitting authority of critical counties - including Los Angeles, San Diego,and San Bernardino among others - would be suitable for about 80 percent of the projects expected to be built under the plan. However, counties claim to have many different issues with the plan, including concerns that the development will displace agriculture, and that the designation of certain land as conservation zones would restrict moneymaking land uses like mining. Nevertheless, officials hope to build enough to help meet the Obama administration's goal of generating 20,000 megawatts of power from federal land by 2020. Laguna Resident Sues City, Coastal Commission, over Hotel Expansion A local resident is suing the city of Laguna Beach and the California Coastal Commission over the approval without an Environmental Impact Review of a hotel renovation project in Aliso Canyon - some areas of which are described as a "rare habitat." The resident, Mark Fudge, said that the renovation of the 84-acre property known as the Ranch requires an EIR, and that the California Coastal Commission and the city inappropriately approved it without one. The renovations would increase the number of hotel rooms by splitting 32 existing one-bedroom suites in half and removing the kitchen to make 64 standard-sized rooms. The developer insists that the work on the rooms is being done within the existing framework for the project. Denver Official to Head L.A. Metro Los Angeles County transportation officials chose the former leader of the Denver Regional Transportation District to lead the Metropolitan Transportation Authority. Anticipating a new phase of multibillion-dollar expansion of its rail system amid coming years of projected budget shortfalls, officials chose Phillip Washington to replace outgoing CEO Art Leahy. Metro is simultaneously building five rail lines and is in the early stages of drafting another tax that could fund a dozen more projects. However, the agency faces a projected deficit of $83 million in 2018 and $248 million in 2013 due to rising pension costs and operations of new rail lines. Washington managed Denver's transportation authority during a similar time, securing more that $1 billion for the city in the midst of a multibillion-dollar expansion. Leahy will become CEO of southern California commuter rail network Metrolink. Study: Short-Term Rentals Exacerbate Housing Shortage in L.A. A new report shows that Airbnb is an important contributor to the housing shortage in Los Angeles, as more than 7,000 housing units have been taken off the market for short-term rentals through the online platform. The report estimates that in tourist-friendly neighborhoods like Venice and Hollywood, the listings can account for 4% of all housing units in the region, decreasing the supply available and increasing prices. While many participants are just homeowners renting out a spare room to tourists, there are signs of growing professionalization of the service, with some property-manager middlemen listing dozens of properties on the site. "In places where vacancy is already limited and rents are already squeezing people out, this is exacerbating the problem," Roy Samaan, who wrote the report, told the L.A. Times . Tulare County General Plan Litigation Settled The final lawsuit challenging the County of Tulare's general plan has been settled, paving the way for implementation of the plan. The Tulare County General Plan 2030 Update was approved in 2012 by the Board of Supervisors, but was challenged separately by the City of Porterville and the Sierra Club. The settlement calls for the revised plan to include incentives for solar power, protection of prime farmland, and reduction of diesel emissions from trucks. "The reason we filed suit was the plan didn't commit the county to anything about many of the major issues as far as we saw - air pollution, farmland loss, water issues, climate change," said Gordon Nipp, vice chairman of the Sierra Club chapter that covers Tulare, Kings and Kern counties, told the Visalia Times-Delta . The revisions will be subject to public comment and a vote of the Board of Supervisors. Santa Monica Considers Moving Interstate Offramp in Downtown Plan With a colossal traffic problem at the exit on the farthest East part of Interstate 10 in Santa Monica, city officials there are expediting a realignment of the interstate that would change the way vehicles exit onto Fourth Street. The plan, known as the Olympic crossover or the freeway flyover, would completely remove the current off-ramp to Fourth street and instead bring traffic over the freeway to tie in with the recently-built Olympic Drive. The off-ramp would be one piece of the new Downtown Specific Plan, which is still in the draft stages but could provide the framework for land-use in downtown Santa Monica.
- CP&DR News Briefs, April 20, 2015: Marin Farmers Negotiate with Coastal Commission; Santa Monica Down-Zones General Plan; Guadelupe Considers Disincorporation, and More
Marin County officials and state Coastal Commissioners agreed to take more time to hash out the nuances of new regulatory proposals that county officials think could impose too many constraints on local farmers even as the Commission seeks to limit the impacts of agricultural activities in the coastal zone. Locals were worried that new regulations - detailed in hundreds of pages of complicated state analysis - would require farmers to get permits to switch agricultural uses, from ranching to grape-growing, for instance, and would tighten rules on building under the Coastal Act. At issue as well are requirements such as setbacks and the allowed ratio of buildings to acres of farmland that a farmer owns. Farmers expressed concerns that overly tight regulations could put them out of business. "Too many rules and regulations leads to outlaw behavior, so getting it right" is essential, Steve Kinsey, chairman of the Commission, told the Marin Independent Journal . The delay in implementing regulations comes as the county withdrew its coastal development plan, giving the sides more time to reach an agreement. The county is expected to resubmit the plan in the fall. Santa Monica Amends General Plan to Curtail Development In a 4-3 vote, the Santa Monica City Council voted to amend its Land Use and Circulation Element (LUCE) to scrap the possibility of 4- and 5-story mixed use buildings on boulevards, except for those including 100 percent affordable housing units and for redevelopment of historic buildings. The vote, advisory in nature until an official vote on May 5, will make it more difficult for four to five story mixed-use residential buildings to be constructed on major boulevards, unless the housing is affordable. The move, promoted by homeowners groups, is seen as a step backwards in a city known for tremendous housing pressures. Critics of the downzoning contend that the city needs more housing of all types and that affordable housing will be difficult to produce in the absence of redevelopment, which was shut down in 2012. Santa Monica's LUCE was adopted to wide acclaim, including an award from the California Chapter of the American Planning Association, in 2010. Santa Monica has the goal of adding 4,955 homes by 2030. The council is expected to confirm its vote in May. Grand Jury Urges Dissolution of Financially Strapped City of Guadalupe A Santa Barbara County grand jury recommended that the 7,080-population city of Guadalupe dissolve, which would make it the first city in the state to disincorporate since 1973. The report said that more than a decade of financial mismanagement, a declining tax base and increasing debt have doomed the town. City Administrator Andrew Carter said that the vote undersells attempts in the city for reform, wherein city employees have taken a 5 percent pay cut, ground has been broken on a commercial development to add 800 homes, and voters overwhelmingly approved three tax initiatives to bring in over $300,000 to the city budget. Carter added that the report's recommendation conveyed undertones of a chasm between the working-class town - which is about 87 percent Latino - and the county. "The demographics of Guadalupe are the exact opposite of the demographics of Santa Barbara's," Carter told the Los Angeles Times. S.F. Proposes Tighter Policies on Home-Sharing New amendments to the city's so-called Airbnb law proposed by San Francisco Mayor Ed Lee and Supervisor Mark Farrell would beef up restrictions on short-term rentals and apartment-sharing in the city. The amendments would cap all short-term rentals at 120 days a year and would create a new city office to monitor short-term rentals. The proposal comes in response to complaints that the newly enacted "Airbnb law" capping temporary rentals of entire homes at 90 days a year, but residents who are present in their homes could rent out rooms to travelers 365 days a year. Lee said that this provision was unenforceable and is therefore promoting a hard cap on all rentals. An investigation by the San Francisco Chronicle showed that Airbnb had about 5,000 rentals in the city, around two-thirds of which were entire homes. "We are trying to strike a balance between people who do occasional home-sharing to get by, while still preserving neighborhood character and our stock of affordable housing," Tony Winnicker, a senior adviser to the mayor, told the Chronicle. Illegal Pot Farms Taking Water from Streams A new study concludes that Northern California marijuana farmers are using up all of the water that normally supports key populations of the federally endangered Coho salmon in rivers and streams. The study from biologist Scott Bauer measured three watersheds with intense pot cultivation, saying that each pot plant used about six gallons of water per day, consuming about 673,000 gallons of water every day. "Given the specter of climate change...the current scale of marijuana cultivation in Northern California could be catastrophic for aquatic species," Bauer wrote in the study. L.A. Metro Studies Conversion of Orange Line to Rail A new report says that the conversion of a dedicated busway in the San Fernando Valley to a light rail between Chatsworth and North Hollywood would would cost over $1 billion to complete.The route today handles about 30,000 boardings per weekday and will soon be at capacity during peak periods if demand and population increase there, the report from the Los Angeles County Metropolitan Transportation Authority states. Officials have lamented that Los Angeles' County's rail-building boom has skipped the valley, which hosts nearly 20 percent of county residents but has just two of Metro's 80 rail stations. But with a light-rail projected to cost between $1.2 billion to $1.7 billion to complete, the report also proposes that metro could buy more buses and build grade separations at the busiest intersections, which would cost between $230 million and $350 million. State Issues New Policy on Sex Offender Residence Restrictions A new policy issued by the Department of Corrections and Rehabilitation states that California parole agents will have to find a specific link to child victims is they decide to bar sex offender parolees from living near schools and parks. The policy is a response to a state Supreme Court ruling that blanket residency limits under Jessica's Law - which required that any registered sex offender live at least 2,000 feet from schools or parks - go too far in restricting where sex offenders can live. Now the department has a 60-day clock to review the files of around 6,000 sex offender parolees, about half of which are considered child molesters. Federal Court Rejects Dispute over San Onofre Power Plant A federal judge ruled against power customers in San Diego in their suit against the former San Onofre nuclear power plant, telling them to wage their battle in state courts instead of federal courts. The complaint, coming from San Diego advocacy group Citizens Oversight, alleged that the California Public Utilities Commission and majority plant owner Southern California Edison illegally conspired to assign 70 percent of the $4.7 billion in closing costs for the plant to utility customers rather than stockholders. Attorney Michael Aguirre alleged that the commission and plant owner violated the 5th amendment of the U.S. Constitution in passing on the costs. "In making customers pay for the failed steam generators and permanently shut plant, the CPUC and SCE are taking customers' private property without just compensation," the complaint alleges. San Jose takes fight against MLB to U.S. Supreme Court San Jose is taking a lawsuit against Major League Baseball to the U.S. Supreme Court, saying that MLB violated federal antitrust laws in blocking the Oakland A's from moving to downtown San Jose. The 9th Circuit Court of Appeals concluded unanimously in January that a nearly century-old exemption for the MLB from federal antitrust laws forecloses the city's legal arguments, and that only the Supreme Court or U.S. Congress could change that rule. Though A's owner Lew Wolff has pushed for a deal in San Jose, the San Francisco Giants blocked the move, asserting territorial rights to the South Bay and a vote of league owners balked at upending those rights. "We believe the justices will find MLB's unique ancient antitrust exemption does not apply to the relocation of the A's to San Jose or is in any way essential to our national pastime," Joseph Cotchett, San Jose's lawyer, told the San Jose Mercury News. Garcetti Announces Land-Use Initiatives Los Angeles Mayor Eric Garcetti delivered his " State of the City " address last week. He announced that he would pursue several policies related to land use and transportation, including: allowing ride-hailing companies to pick up travelers at LAX airport; applying hotel taxes to Airbnb and other home-sharing services; enacting data-sharing between the city and navigation app Waze to better see traffic patterns; meeting the statewide goal for drought-resistant plants; and installing new trash cans to public spaces.
- CP&DR News Summary, August 5, 2014: Sacramento arena ruling appealed; Legislature is back; SF looks at Prop M office construction cap
Petitioners in the Saltonstall CEQA challenge to the Sacramento Kings arena project filed a notice of appeal July 31, but the Sacramento Bee reports the Kings began demolition at the downtown site anyway. The Saltonstall petitioners lost an injunction petition last week in superior court. The Bee reports the Kings' counsel argued that the NBA could purchase and move the team if the arena failed to open on time in October 2016. See http://bit.ly/1s7rraV and http://bit.ly/1saO6AV. With Sacramento's new court document fee rules in place, it will cost you to read the Saltonstall Notice of Appeal and the prior decision, but the names on the appeal are just discernible through the gray slashes digitally imposed on the "preview" display. See the online case index, which itself is free to view, at http://bit.ly/1nnr0Sd. Meanwhile, Bee columnist Marcos Breton reports the basketball team's management are in talks to buy the city's Republic FC soccer team. See http://bit.ly/1ookAa5. Legislature back in session, still trying for a water bond bill The Legislature returned to Sacramento August 4, still not done with the task of replacing the dated water bond proposal that, as of now, is still parked on the statewide November ballot. They also faced results of a major recent public relations campaign to stop or delay fuel tax provisions of the AB 32 greenhouse gas reduction bill before it takes effect. See the Sacramento Bee for a link-rich summary at http://bit.ly/1pVuugs and a larger-scope roundup from KQED's John Myers at http://bit.ly/1uf68lM. The Sacramento Bee reported separately that plastic bag companies were running television ads in a continuing effort to stop SB 270, the statewide plastic bag restriction bill. See http://www.sacbee.com/2014/08/04/6604874/plastic-industry-hitting-tv-again.html. Local governments were still moving to pass their own bans in anticipation of a grandfathering provision in SB 270. Monterey County granted initial approval for a plastic bag ban in its unincorporated areas, with the final approval vote set for August 26, per the Monterey County Weekly at http://bit.ly/1qLbHus. See http://www.cp-dr.com/articles/node-3481 for details on the grandfathering provision and prior legal and legislative history. In two pieces of completed legislation: Governor Jerry Brown has signed AB 1963, a bill by Assembly Speaker Toni Atkins to ease post-redevelopment logistics. The League of California Cities at http://bit.ly/1kCizIo summarizes the new law at http://bit.ly/1kCizIo, with a link to the text. Its major provision is to give the Department of Finance an extra year, until January 1, 2016, to approve Long Range Property Management Plans for real estate caught up in the redevelopment dissolution process. It was also the League that picked up this Monterey County Weekly item on the signing of SB 2119: http://bit.ly/1owAgYO. Per bill analyses on the SB 2119 official site at http://bit.ly/1y0NRJk, the law adds the possibility of a transactions and use tax to the types of taxes that a board of supervisors can invite residents of a county's unincorporated areas to vote into effect for themselves. Delta tunnel plan's comment period has closed The comment deadline closed July 29 for the Bay Delta Conservation Plan (BDCP) -- the twin-tunnels plan to carry water southbound under the delta rather than into it. The comprehensive California water blog Maven's Notebook posted an "Internet Guide to the Bay Delta Conservation Plan" several weeks ago that walks through the available plan documents (See http://bit.ly/1rRmD9w). Maven will be a good source for further developments as smart water writers start to read and post about the comments. Already she has noted a Capital Public Radio item at http://www.capradio.org/29065 on an anti-tunnel protest rally held in Sacramento to mark the close of the comment period. The BDCP project's own Web site is at http://baydeltaconservationplan.com/Home.aspx. California Economic Summit wants 'peer review' of CEQA guidelines The California Economic Summit civic organization has asked Governor Jerry Brown to conduct a "peer review" by experts and officials of draft revisions to the CEQA Guidelines before they are circulated to the general public. Revisions to the guidelines are in the works at the Office of Planning and Research. See http://www.caeconomy.org/reporting/entry/summit-calls-for-review-of-ceqa-guidelines. San Francisco could soon run out of Prop M office space allowance JK Dineen of the San Francisco Chronicle posted an in-depth news analysis July 29 on downtown planning effects of San Francisco's 1986 Proposition M, which limits new office space construction to 875,000 square feet per year. See http://bit.ly/1kkLKiZ. The SF Business Journal more recently posted a followup story with added details. Both articles report the Planning Commission will start public discussion August 7 on how to proceed if San Francisco construction plans use up the currently available Prop M allowance of office space, which is about 2 million square feet. Dineen puts the amount of proposed office construction at 9.2 million square feet but the Business Journal puts it at more than 11 million. See http://bit.ly/1y0wUyO. Coastal Commission to take up the Sand City matter again, briefly There's one more approval stage ahead for the slightly queasy deal signed at the April Coastal Commission meeting to allow the 368-unit Sand City resort project to go forward in Monterey County. The Commission's August agenda will include a proposed approval for revised detailed findings based on its prior actions in April. Approval of the "eco-resort" for an ecologically fragile dune area upset some environmental advocates in April, especially regarding potential harm to snowy plover on the site. (See http://www.cp-dr.com/articles/node-3474.) The Monterey Herald has a summary of issues at http://bit.ly/1uIR1oL. Sand City has the very last item on the Commission's four-day San Diego agenda. For the proposed revised findings see the large (512 pp.) agenda item file at http://documents.coastal.ca.gov/reports/2014/8/F16a-8-2014.pdf. The Sand City project was a subject of conflict and litigation for years. For some of the prior history see CP&DR's prior coverage from 2008 at see http://www.cp-dr.com/articles/node-1963. Tule Lake preservation group sues over airport fence on camp site The Tule Lake Committee has filed a CEQA court petition to block construction of a fence at Tulelake Airport in Modoc County. The airport, which is used mainly by a crop-dusting company, Macy's Flying Service, occupies part of the footprint of the wartime Tule Lake Relocation Center, later designated the Segregation Center, where more than 18,000 Japanese Americans were incarcerated from 1942 to 1946. The fence has been endorsed by the FAA as needed to secure the runway. Lee Juillerat of the Klamath Falls Herald and News , who has written on camp site preservation issues for years, has a detailed perspective on the matter at http://bit.ly/1poV83T. In a Change.org petition and a public campaign, the petitioners have argued that the fence would interfere with visitors' ability to view the historic site as a whole and would especially block access to families looking for the locations of relatives' barracks. The Tule Lake camp site, now the town of Newell, CA, is near the Modoc-Siskiyou county line about 30 miles south of Klamath Falls, Oregon. For the petition and related campaign materials see https://www.facebook.com/StopTheFence. The suit names Modoc County, where the airport is located, and officials of the nearby Siskiyou County town of Tulelake, with Macy's Flying Service as real party in interest. Khosla posts his side of the Martins Beach story Vinod Khosla, owner of the disputed Martins Beach on the San Mateo County coastside, used op-ed space in the SF Chronicle on August 4 at http://bit.ly/1kC5bUH to post comments arguing the beach "has never been open to public access" in the sense that "prior owners ran a commercial operation" that charged for access. The op-ed repeated Khosla's prior objections to requirements imposed by county and Coastal Commission officials, and it claimed "Coastal Commission staff indicated 'they will need a permit for something sometime, and then we will have them' and 'we will tie you up in red tape.'" It said the prior owners of the property had tried to interest nonprofit and public agencies in purchasing the land for a park but did not find takers. As of July 24, the Commission raised the stakes in the beach battle by posting an invitation on its official http://www.coastal.ca.gov/ site for members of the public to document their past use of Martins Beach in a "prescriptive rights survey". See http://bit.ly/1lBnMe6 for more comment and details. In other news: The Department of Finance has approved release of an additional $4.9 million to continue with San Diego's Horton Plaza project to turn a former department store building into an open downtown public space. The U-T has details at http://bit.ly/1lZ4X4D. KPBS has more background at http://bit.ly/1rRuRys. The approval letter is posted at http://bit.ly/1lZ528x. Nate Donato-Weinstein of SFBJ reports Google has bought more of Mountain View: $98.1 for nine buildings from Boston Properties: http://bit.ly/1xBXxtB. A burst pipe at UCLA led to a flood that wasted 20 million gallons of drinking water. The LA Times at http://lat.ms/1kkaJCD responded with a report on concerns about the age and condition of the city's infrastructure. The SF Chron 's Will Kane writes that Oakland will have to raise "at least $1.75 billion" to keep both the A's and the Raiders in town: http://bit.ly/1owlOAg Both San Francisco and Los Angeles sent representatives to Colorado Springs in July to discuss possibly hosting the 2024 Olympics. The Chron wrote up SF's delegation at http://bit.ly/1spsD7j and the LA Times reported on Mayor Eric Garcetti's trip at http://lat.ms/1oa5Egi. The LA Times says the U.S. Olympic Committee will pick a U.S. host city in 2017. It remains to be seen if San Francisco is sore enough from its losses hosting the America's Cup to hesitate about investing in another one-time international sports event.
- CP&DR News Briefs, January 19, 2015: Monterey County Settles Suit; NorCal Light Rail; Irvine (Non-)General Plan
Monterey County has settled a lawsuit over its General Plan filed by the LandWatch advocacy group. The settlement includes a commitment to addressing water supply problems and paying more than $400,000 in LandWatch's legal bills. The settlement commits the county to addressing Salinas Valley basin overdraft, seawater intrusion and falling groundwater levels if those remain issues by 2030. The county also agreed to place restrictions on wineries, including limitations on agriculture on steep slopes and stiffening permitting requirements for stand-alone inns and restaurants. San Francisco, Sacramento Pursue Light-Rail Improvements Both San Francisco and Sacramento announced last week that they are taking major steps to improve their light-rail systems. In San Francisco, Mayor Ed Lee announced a plan to spend more than $600 million to replace every single car in the Muni system. The contract, with Seimens Rail Systems, calls for the city to purchase 175 cars, with an option for 85 more. In Sacramento, city officials announced a partnership with downtown business owners to improve the light-rail system there in anticipation of the opening of a downtown sports arena and entertainment center. The effort will focus on operational improvements as well as improving trash pickup and other basic items at the stations. No General Plan Update for Irvine The Irvine City Council voted not to pursue a general plan update in the near future, meaning the city will continue to operate under the plan adopted in 1999. The state recommends that cities update their general plans every five years, but transportation and housing are the only elements those updates are mandatory. In voting against pursuing a plan update, a split city council cited several concerns, including Orange County's control of 100 acres inside the city and the ongoing problems with development of the Great Park. These unresolved issues would make the drafting of a new general plan premature, according to council members who voted against the motion. Some 27 development projects are currently under way in Irvine. Walnut Creek Specific Plan Unveiled Walnut Creek residents got their first glimpse of the West Downtown specific plan, which includes proposed higher-density development in the corridor from Downtown to the Walnut Creek BART station. The plan , produced by PlaceWorks, calls for 2,400 new housing units in addition to 1,700 already in place. The plan not meet with universal support at the rollout meeting. Said one resident of the plan's increased densities: "I don't see character; I see Emeryville, I see San Ramon, and I don't want to live in those towns." State of Jefferson Movement Now Includes Five Counties In far northern California - where compliance with CEQA and other land-use regulations is often viewed as optional already - five counties have joined the long-simmering movement to secede from California and form the new State of Jefferson. Representatives from Tehama, Glenn, and Yuba counties presented the State Legislature with "declarations of separation." They join Siskiyou and Modoc counties in petitioning the legislature to move forward with such a succession.
- CP&DR News Summary, August 12, 2014: Legislators, Brown, give themselves more time to finish $7.2 billion water bond; the whittling-down of Ponte Vista; 'boomerang funds', and more
August 11 would have been the deadline for California's statewide ballots to go to press, but state legislators pushed that date back as they continued to work on a water bond deal with Governor Jerry Brown. According to Ben Adler of Capitol Public Radio, details emerged late in the day of a plan calling for almost $7.2 billion in spending -- most of it in new bond funds -- of which $2.5 billion would support surface water storage projects. He reported the Legislature passed, and Governor Brown signed, bills to delay the voter guide deadline, change the number on the November "rainy day fund" measure to Proposition 2, and label whatever water bond proposal is on the ballot as "Proposition 1". See http://bit.ly/1yoDYFC. The Sacramento Bee has more at http://bit.ly/1kXLI0B. In a more detailed report at http://bit.ly/1oECjLc, Adler reviewed disputed issues, including the goal of making the bond measure "tunnel neutral" with respect to the Governor's Delta tunnel project, and pending proposals for water storage projects, including the Temperance Flat dam proposal. (For a detailed read on Temperance Flat, see blogger Patricia McBroom's article last February at http://bit.ly/1B9TQzP.) If placed on the ballot, the new bond measure would replace the dated $11.1 billion proposal currently on the ballot. The LA Times said a Republican $8.7 billion counterproposal was also pending as of last Friday. See http://lat.ms/1oxAevz. The LA Times ' Jim Newton has a bigger-picture news analysis on the politics and context of the bond negotiation -- and the fragility of LA's own water infrastructure -- at http://lat.ms/1opsBx7. Other bills before the Legislature this month include major legislation that would make California the last Western state to regulate groundwater use statewide. Dave Puglia of the Western Growers Association told the LA Times , "California hasn't attempted to change water law this dramatically in 100 years." See http://lat.ms/1yjQUML. Ponte Vista project breaks ground with a diminished plan for 676 units A popular article last week by the LA Times ' Andrew Khouri presented the Ponte Vista project in San Pedro as a case study of a large-project proposal whittled down by community opposition to a smaller design with lower density and higher costs per unit than first proposed. He writes that the original 2005 design called for 2,300 condo and town house units plus 10,000 square feet of retail -- but as of the groundbreaking last week, the design called for 676 units including 208 single-family homes. See http://lat.ms/1mpl23M/. A series of stories over the years by Curbed LA , collected at http://la.curbed.com/tags/ponte-vista, recount more of the project's reshaping over time from a large "mixed-use urban village" to a smaller "suburban-ish" gated complex. It says the project changed owners along the way, lost all its proposed rentals, and picked up agreements for an access road, union labor, local hires, and public access to recreation spaces. 'Boomerang campaign' secures Alameda Co. post-redevelopment funds for housing Housing advocates persuaded the Alameda County Supervisors on July 29 to commit a dollop of former Redevelopment funds to affordable housing and homelessness prevention. The Supervisors committed $13.7 million in one-time funds to the programs plus a promise to reserve more for the programs starting in 2016-17: 20% of tax funds that would formerly have gone to Redevelopment, or at least $2 million a year. The one-time commitment consisted of $9.8 million in funds "swept" from ex-Redevelopment accounts reserved for housing, plus $3.9 million of additional ex-Redevelopment funds. The campaign that won the distribution was led by the East Bay Housing Organizations coalition (see http://ebho.org/news) and was associated with the "Boomerang Campaign" of the Non-Profit Housing Association of Northern California. (See http://nonprofithousing.org/policy-advocacy/the-boomerang-campaign/.) Although the dissolution of the redevelopment agencies ended Redevelopment's 20% housing set-aside for tax-increment funds, the campaign has urged local governments to honor its intent. The campaign frames returned ex-redevelopment amounts as "boomerang funds" and argues that equivalents to the old 20% set-aside � or more � should be used for housing, not simply poured into the general fund. The campaign claims successes in multiple Bay Area towns and counties over the past two years. For details on the Alameda County decision see the Supervisors' July 29 "Attachment 99.3" agenda item. The staff-prepared agenda packet materials are at http://bit.ly/1yoROrs and video is at http://alamedacounty.granicus.com/MediaPlayer.php?view_id=2&clip_id=2314. (The vote is reported in the Pleasanton Weekly at http://bit.ly/VdGG3Z. Noted via the League of California Cities.) After court ruling, San Diego considers new approaches to convention center, stadium San Diego officials were regrouping after an appellate court overturned the city's special hotel tax, leaving no agreed way to pay for a convention center expansion. California's Fourth Appellate District had ruled in City of San Diego v. Shapiro that the tax was invalid as approved by hotel landowners/lessees, and instead required approval by two-thirds of the city's voters. (See http://www.cp-dr.com/articles/node-3545.) As the plans headed back to the drawing board, JMI Realty, builders of the existing Petco Park ballpark, were proposing a new San Diego Chargers stadium design that could be combined with a convention center expansion plan. See http://bit.ly/1kXMNpo. In an op-ed at http://bit.ly/1lQ4mCp, City Council member David Alvarez argued that the process by which hotel landowners agreed to tax themselves for the convention center expansion had been short on public participation and would need to broaden into "a citywide civic dialogue". In a Twitter thread beginning at https://twitter.com/sdutOsborne/status/498487348531712001, Alvarez debated with Mark Cafferty of the San Diego Regional Economic Development Corporation over the quality of the public process last time around. Cafferty argued that the last approach came out of an inclusive process at the start and had a wide coalition "to push this plan across the finish line"; Alvarez wrote in part, "hoteliers dominated previous process. No real input from public was sought or accepted... Real question is: are hoteliers and the mayor willing to engage the public on options going forward?" Chiu short-term home rental legislation passes SF Planning Commission San Francisco's Planning Commission gave initial approval August 7 to legislation by Board of Supervisors President David Chiu to legalize, regulate and tax short-term rentals through online services such as Airbnb. The Bay Guardian covered the long, contentious hearing at http://bit.ly/1sx5XEQ, reporting the legislation would require hosts to "register with the city, pay all associated taxes and sign up for liability insurance." Previously, the San Francisco Business Journal reported a new group of short-term rental hosts, the Home Sharers of San Francisco, kicked off a public campaign July 31 in favor of the Chiu legislation. See http://bit.ly/1m5GURx. The Guardian 's former editor, Tim Redmond, gave his own opinionated account of the hearing on his own 48 Hills site at http://bit.ly/1oFHWDM. He and the Guardian described arguments from opponents of the legislation who ranged from former planning officials, to apartment landlords concerned about insurance, to a hotel workers' union representative. Redmond reported that although many short-term rental hosts spoke on their own behalf, no direct representatives of Airbnb or VRBO spoke for the companies at the hearing. The legislation next goes to the Board of Supervisors in September. WeHo developer gives up 'poor door' pool policy but still loses Planning vote Under criticism from the West Hollywood Community Development Department, developers of the 8899 Beverly office building conversion gave up a proposal to bar residential tenants of affordable units from using the property's pool � but they still lost a Planning Commission vote, possibly also due to the size of the project. Southern California Public Radio reported project proponents backed down and agreed to share the pool shortly before the planning commission vote. See http://bit.ly/1ulWBfF (via CACities). The proposal was locally condemned as a "poor door" � a term derived from New York City projects that have fully separate entrances to their affordable sections. Per the LA Times at http://lat.ms/1mEA3Pe, the project calls for renovating a 10-story office building into a mixed-use complex including 64 market-rate and 17 affordable residential units. The Times reports the commission's August 7 vote against the proposal becomes a recommendation to the city council, which will decide the project's future. In other news � The Coastal Commission begins a special four-day session August 12 with a full agenda that includes the expansion of I-5 along the 27-mile North Coast Corridor north of San Diego. See http://coastal.ca.gov/mtgcurr.html. The agenda item, No. 17 on August 13, is at http://documents.coastal.ca.gov/reports/2014/8/W17a-s-8-2014.pdf. In an interview on her plans as Speaker of the Assembly, Rep. Toni Atkins, D-San Diego, told the Voice of San Diego she would support a "down and dirty discussion" of possible legislative changes to CEQA. The paper reported she "questions the need for an environmental impact report when a property owner wants to upgrade or replace an existing building." See http://bit.ly/1BaBj6H. The Sacramento Bee reported on a statewide increase in available charging stations for electric vehicles at http://bit.ly/1orbVoM. The SF Chron 's JK Dineen reported on a proposal by Build, Inc. to build 900 residential units on the 14-acre property at 700 Innes Ave. near the India Basin Open Space in the Bayview District of San Francisco. The paper reports it's "the largest remaining privately owned development site in the city". And it says Build, Inc. is "talking to" the John Stewart Co., a major developer and manager of subsidized housing, about including "for-sale housing targeted at middle-income families" on the site. See http://bit.ly/V88kyS. The water issues weblog Maven's Notebook has posted an August 1 decision by the Mammoth Community Water District to sue the Great Basin Unified Air Pollution Control District over the Casa Diablo IV geothermal project. The water district contends the project's FEIS/EIR failed adequately to consider effects on groundwater that it says could harm the city water supply. See http://bit.ly/1sLLWad. The Mercury News reported Los Gatos was near approval of a specific plan for a mixed-use development on the "North 40," described as the city's last large vacant parcel. See http://bit.ly/1oFQBGg. The Riverside County town of Hemet approved a specific plan in June for the Ramona Creek mixed-use development at the west end of town. The Press-Enterprise reported recently the project would turn "200 acres of dirt" into "more than 500,000 square feet of retail, entertainment, restaurant, office and mixed-use development along with approximately 1000 houses." Local officials welcomed the plan as the first local major development since the mid-2000s. The developer is Regent Properties of Los Angeles. See http://www.pe.com/articles/hemet-698633-city-development.html. City documents for the specific plan are at http://www.cityofhemet.org/index.aspx?NID=627.
- CP&DR News Briefs, December 9, 2014: San Jose 'Jungle' Camp Evicted; Supreme Court Case Could Limit Rules On Public Signage; Kinkisharyo Deal Salvaged, But At What Cost?
Restrained congratulations were circulating in late November over a deal brokered by Los Angeles Mayor Eric Garcetti that persuaded the Kinkisharyo company to expand its rail car assembly operation in Palmdale after all. The Japanese rail car manufacturing company had threatened to move the planned expansion of its U.S. branch elsewhere after activists supportive of International Brotherhood of Electrical Workers (IBEW) Local 11 filed a CEQA appeal with the Palmdale City Council against the expansion. (See prior coverage at http://www.cp-dr.com/articles/node-3601.) The L.A. Times reported the deal allows Kinkisharyo to expand without facing environmental review challenges, while the IBEW will be able to conduct a "card-check" union organizing campaign as it had sought to do. But the paper wasn't happy about the outcome necessarily: that report appeared in an editorial that suggested: " Kinkisharyo and IBEW win; CEQA loses? " The paper suggested that the Legislature in its new session would have reason "to make it harder for groups with ulterior motives -- be they labor unions or business rivals -- to stymie projects," and that in turn would make environmental challenges more difficult for concerned citizens. The Rafu Shimpo has more details of the agreement. Because IBEW Local 11 got the card-check organizing agreement out of the deal, the conservative Breitbart site described the agreement as an abuse of process to gain a labor negotiating advantage. And although the deal preserved the promised production jobs in Palmdale, the Chamber of Commerce wrote that construction jobs were lost because Kinkisharyo went back on its original plan to build a large new assembly building. Protest takes to freeways as well as streets The nationwide demonstrations over accountability for police killings continued to suburbanize, with freeway ramps as well as streets frequently occupied by demonstrators. Sites of freeway occupations in California included Oakland and Berkeley (the Bay Bridge was blocked late on December 8), Sacramento , and Los Angeles -- places where downtown neighborhoods were disrupted by freeway projects in the 20th century. Among commentaries posted, one choice by Planetizen is " On the Symbolism of Highway Protests " featuring Alex Ihnen's NextSTL essay about freeways' ambiguous images as symbols of freedom for some but segregation for others. As of November 25 Ihnen wrote, "At last glance, protesters had closed portions of highways in Detroit, Atlanta, New York City, Cincinnati, Oakland, Nashville, Baltimore, Los Angeles, Washington D.C., and elsewhere." Notorious 'Jungle' encampment evicted in San Jose In early December, after a heavy rain, local authorities staged a full-scale eviction of the famous "Jungle" encampment along Coyote Creek in San Jose. The action followed a city services campaign that has gone on since spring to whittle down the camp's population by moving residents to subsidized housing. The L.A. Times reported "Nearly 150 had found housing, but over 50 had yet to find a place to live." Other news reports said 60 people had been offered city vouchers but couldn't find landlords who would take them. The camp had been a substantial village of some 200 to 300 people, said to be one of the largest unofficial encampments in the United States. Homes at the site reportedly included elaborate underground dwellings, as well as more ordinary tents and lean-tos. Residents had been accepting city help in clearing out trash but the site suffered from lack of sanitation and running water, and had a reputation for violence. Even so, the Mercury News reported some residents were in tears at having to leave without other housing prospects. Some told the paper they had to leave property behind. City policy calls for staff, when they remove campers' property, to preserve and store items of value to be claimed -- but there have been past disputes about how carefully the policy is followed. As CP&DR reported in May , the site was only one of many creekside encampments that provide low-quality housing in an area characterized by high rents, suburban environments, an economy divided between high and low wages, and scarce supplies of SRO-type housing. The practice of camping in creekbeds has intertwined the problems of housing shortage and waterway contamination. In response, some neighbors and officials have called for wholesale evictions of campers. Others have called for initial provision of sanitation facilities as a starting point, and, as a next goal, for plentiful housing away from the creekbed, even if at first such "housing" might take the form of organized camping. News reports on particulars of the eviction have appeared widely, in publications including the San Francisco Chronicle , Los Angeles Times , New York Times , Sacramento Bee , and even the UK's Daily Mail . The KQED public radio station's Michael Krasny hosted a "Forum" debate on the eviction that included an activist organizer and a "Jungle" resident as well as a news reporter, a service provider, and city homeless response team manager Ray Bramson. Listeners' comments responding to the KQED debate and to a news report of the conversation included an essay by Chris Herring, a UC-Berkeley grad student who has become a recognized authority on U.S. encampments. (He's the author of the paper, " The New Logics of Homeless Seclusion: A Comparative Study of Large-Scale Homeless Encampments in the Western U.S. ") Herring wrote that he expected the evicted people would only move to more obscure camp sites elsewhere along Coyote Creek, likely with worse consequences for the creek and for themselves. APA joins amicus for regulating signage by type Do free speech rights trump a city's ability to regulate signs placed in public? The American Planning Association has gotten nervous enough about the answer to join the National League of Cities, U.S. Conference of Mayors and other groups in filing a Supreme Court amicus brief in the case of Reed v. Town of Gilbert . The petitioners in Reed seek to overturn rules in the city of Gilbert, Arizona that regulate publicly placed signs according to their general purpose. In the underlying dispute, a pastor of a Christian church rented space at an elementary school and placed signs announcing services there. He was cited for violating a local sign code regarding the size, placement, and other physical characteristics of "temporary directional signs". The pastor and his church sued on free speech and equal protection grounds, arguing that signs inviting the public to his services were more heavily regulated than other types of signs, such as yard signs for political campaigns. The petitioners argue that the regulations are content-based and hence should be reviewed under a strict scrutiny standard. The city contends it acted properly to apply regulations to the signs based only on their generic purpose, and did not make a content-based decision, so that its actions may be reviewed as regulating only the "time, place and manner" of sign displays. The city has contended that "Petitioners wanted free, permanent, off-site billboards in Gilbert -- and were trying to misuse Gilbert's temporary directional sign regulation to fit that inapposite goal." Courts thus far have upheld the city's action. The APA writes that its brief supports the city, arguing that strict scrutiny of sign codes "has the potential to invalidate nearly all sign codes in the country." Review denied in Pasadena cases The State Supreme Court declined to review City of Pasadena v. Cohen , an August ruling by the Third Appellate district in one of California's many disputes over asset claims of former redevelopment agencies. Pasadena had challenged an effort by the Department of Finance to redistribute property tax funds that the city's post-redevelopment "successor agency" claimed it needed to pay down pension bonds and subsidized housing bonds. At the city's request, the trial court had granted an injunction sequestering the funds until a trial on the merits could be held. The appellate opinion , by Justices M. Kathleen Butz, George Nicholson and Harry E. Hull, Jr., rejected the city's procedural choices. The appellate panel found the city mistakenly sought declaratory relief when it should have filed for a writ of mandate. They accordingly sent the matter back to the trial judge with instructions to either dismiss the proceeding or "construe it as one for traditional mandate and proceed accordingly." The state Supreme Court also denied review in City of Pasadena v. Superior Court (Mercury Casualty Co.) , the August ruling that paradoxically found a city-owned tree falling on a private home is "serving a public purpose" in doing so for the purpose of allowing the homeowner's insurance claim to go forward. The Second District's opinion was tartly written up in the National Law Review at the time. Ninth Circuit: no new ozone rules The Ninth Circuit turned down a petition in WildEarth Guardians v. McCarthy that sought to require the EPA to create new "Prevention of Significant Deterioration" rules for ozone pollution under the Clean Air Act. It based the rejection on ambiguity in the relevant statute, � 166(a) of the Clean Air Act (42 U.S.C. � 7476(a)), saying the law did not establish clearly enough that the duty to establish the standards was mandatory. San Francisco to combine city offices in new tower on SoMa site The San Francisco Board of Supervisors agreed to spend almost $327 million to purchase part of the former Goodwill charity's property at 11th and Market Streets and replace it with a 17-story city office building. The San Francisco Business Times , partly drawing on the Socketsite real estate blog , reported the cost was earlier quoted at $253 million. The reports said developer Related California originally bought the property from Goodwill for $65 million and also planned to develop up to 550 units of housing next to the office building. The site is currently a single-story warehouse-type complex used partly as a thrift store but largely to receive and sort donations. A downtown best-kept secret for years has been the "as-is" shop on 11th Street, where bargain-hunters dig through bins of newly donated items. The news reports say the city will sell its existing five-story office building at 30 Van Ness ( likely for housing ) to help finance the purchase, and will combine offices in the new building for Public Works, Building Inspection, Planning and Retirement and Health Services. Studies look toward more rail in northwestern San Francisco A study commissioned by San Francisco transportation officials predicts a rail extension would be popular if it ran from the end of the currently in-progress Central Subway project westward to Fisherman's Wharf. Michael Cabanatuan of the San Francisco Chronicle reports the study found an extension of the T-Third line to Fisherman's Wharf might increase ridership about 55 percent. Separately, the BART system's planning office announced it would begin a long-range study on a possible new train route that might travel through an additional tube under San Francisco Bay and into San Francisco's currently low-rise western neighborhoods. A drawing released with Streetsblog SF 's report shows the route crossing the Bay south of the current Transbay Tube, running from Alameda to Mission Bay. It's shown crossing Market Street northbound, heading west, then dividing, with one line going west to the cliffs of the Western Richmond District near the Fort Miley VA hospital, and the other heading southwest through the Sunset District outside the city's central ridge to rejoin the existing commuter line in Daly City. Streetsblog SF suggests the design may owe something to former BART board member James Fang's dream of "BART to the beach," an idea often dismissed in the past as not serving a dense enough population.
- Legal news briefs, November 11, 2014: Cell phone towers, Bowman redux, and the La Mirada Ave. Neighborhood Association strikes again
Attorney Robert May of the LA-based Telecom Law Firm writes in the San Francisco Daily Journal that a new order from the Federal Communications Commission (FCC) could limit local power to regulate cell phone towers. The October 17 FCC approval interprets Sec. 6409 (a) of the Middle Class Tax Relief and Job Creation Act of 2012 to allow the addition of new equipment within the areas of currently used wireless sites. He writes that new rules will "require local governments to do more, with less information, in a shorter time, or face harsher consequences." Among other rules, the order allows applicants to start construction if they receive no response to a qualifying permit application after 60 days, and allows them to file suit under "Shot Clock" rules when local governments delay responding to an application by "90 to 150 days depending on the application type." Telecom Law Firm has posted detailed analysis and commentary on the ruling at https://telecomlawfirm.com/sec6409/ . The FCC announcement is at http://www.fcc.gov/document/fcc-boosts-wireless-broadband-easing-infrastructure-burdens . A statement attributed to FCC Chairman Tom Wheeler says the order responds to the reduced size of recent cell phone technology "by crafting a more efficient process for small deployments and other installations that do no trigger concerns about environmental protection for historic preservation." The Ninth Circuit upheld a grant of summary judgment against the National Resources Defense Council and local environmental groups in late October, allowing a project to go continue linking the Ports of Los Angeles and Long Beach to the I-405 freeway. The case is NRDC v. USDOT , No. 12-56467 . The Coastal Commission has requested rehearing in the Bowman sisters' case, now formally known as SDS Famly Trust v. CA Coastal Commission . This is the October 2014 Pacific Legal Foundation (PLF) victory, reported at http://www.cp-dr.com/articles/node-3607 , in which the Second Appellate District reversed itself on rehearing. It allowed daughters who inherited a coastal property from their father to file a fresh application for a coastal development permit, removing the burden of a coastal access easement that had been imposed as a condition for granting a previously sought permit to their father. (The sisters' family trust is known as "SDS", hence the case name.) The PLF noted the review request indignantly on its blog and posted a copy of the request . The request challenges the court's decision to adopt a different version of the facts in October than it had related as part of its first decision in March. The request also challenges the court's October finding that the coastal easement was unfair because it had little to do with the work for which the coastal development permit was sought: renovations and rebuilding to a dilapidated farmstead a mile inland. The review request alleges the court made its more recent decision "based on facts that were different than those before the Commission and a legal theory undeveloped in the record below." It alleges the facts stated by the court "are not only directly contradicted by the record, but are also contrary to SDS's representations" to the Commission and the courts. It asks the court essentially to return to the March fact pattern (see http://www.cp-dr.com/articles/node-3452 ). That version says the current landowners' father did do some work on the property in anticipation of the first permit, thereby becoming bound by its terms. Further, the review request argues the Court had no right to exercise independent judgment about the fairness of the easement requirement. The Cambrian has local coverage . The U.S. District Court for the District of Columbia threw out HUD's disparate-impact rule under the Fair Housing Act as of November 3 in American Insurance Association v. HUD . (Opinion may be downloadable here .) As of October 3 the U.S. Supreme Court granted certiorari in the case of Texas Dept. of Housing v. Inclusive Communities , a Fifth Circuit appellate ruling on the distribution of affordable housing subsidies in Dallas. Forbes has a writeup of the Texas case . (Links to both via HAC News .) The State Supreme Court has denied review of an appellate ruling against Target Corporation in the recent case of Target Corp v. La Mirada Ave. Neighborhood Association . The LA Weekly reports the request for review concerned Target's request to resume construction of a store on Sunset Boulevard. As described by Curbed LA , the litigation had previously won an October order stopping construction of the store at Sunset and Western Avenue. It's another success for the La Mirada Avenue Neighborhood Association and its counsel, Robert Silverstein. They are profiled in the Weekly article , which includes a catalogue of their recent victories. The San Diego U-T reported that Superior Court Judge John Meyer upheld a $120 million infrastructure bond issue over a challenge brought by activist litigator Cory Briggs on behalf of San Diegans for Open Government. The paper said Meyer "essentially agreed" with Briggs that the bond issue was structured to avoid a public vote via "subterfuge", but that he ruled, "like it or not, it's legal." The League of California Cities noted a chance to comment to a State Supreme Court commission on the way California courts are run. The State Supreme court denied review of several appellate court orders in litigation between the Taxicab Paratransit Association of California and Internet-dispatched transit companies Uber, Lyft and Sidecar. Per the San Francisco Business Times , the taxi association has been suing since last year over the Public Utilities Commission's decision to legalize the "ride sharing" companies. See Supreme Court case numbers S218427, S220982, S218564 and Third Appellate District Case No. C076432, all at http://appellatecases.courtinfo.ca.gov/search.cfm?dist=0 . A writeup by the Nossaman firm discusses U.S.A. v. 1.41 Acres of Land (N.D. Cal. Nov. 10, 2014). This ruling by California's Northern District federal court held the General Services Administration (GSA) could use an eminent domain action to increase the profitability of a sale of federal land, but only under specific disposal statutes, not the general authority of the GSA. The court refused to strike a defense noting that the property already had an access easement, hence didn't need the added land. The GSA had attempted to take a part of McKay Avenue in the town of Alameda, which belonged to the East Bay Regional Park District and adjoined the Crown Beach public park. The parcel to be augmented was vacant waterfront land next to the Alameda Federal Center, being sold to a private developer for $3.075 million. The decision text, placed online by the Nossaman firm, said that after the developer outbid the park district for the property, the city of Alameda zoned the property open-space only. The case goes to trial next October. The Supreme Court refused a depublication request made by Caltrans, the High-Speed Rail Authority, and other parties in Town of Atherton v. High-Speed Rail Authority, which upheld the programmatic EIR's analysis of a route through Pacheco Pass en route to the Peninsula. The underlying decision , issued in July by the Third Appellate District, is discussed in detail at http://www.cp-dr.com/articles/node-3540 . In Squires v. City of Eureka , landlords filed suit accusing Eureka city officials of singling them out for harassing code enforcement efforts; the city and individual defendants responded successfully with SLAPP suit motions for dismissal. The First District Court of Appeal upheld the trial court's dismissal in October and published its own decision November 14. The decision is at http://www.courts.ca.gov/opinions/documents/A138768.PDF . The California Supreme Court denied review November 12 for an unpublished August decision in Harper v. Canyon Hills Community Association , by the Fourth District Court of Appeal. The ruling held that an aggrieved homeowner in a subdivision had no right to sue her neighbors for an encroaching contruction project based on their alleged violation of conditions, covenants and restrictions of the subdivision homeowners' association. However, the appellate court upheld her claim against the homeowners' association for approving her neighbors' project, overturning a trial-level ruling that she bore the burden of showing the association's board did not act in good faith. The Fourth District ruling is at http://www.courts.ca.gov/opinions/nonpub/G048445.PDF . The State Supreme Court refused a depublication request in Olive Lane Industrial Park, LLC v. County of San Diego . For prior brief coverage on this Fourth District case upholding a belated transfer of a Proposition 13 reassessment exclusion, see http://www.cp-dr.com/articles/node-3534 . In the case of Union Pacific Railroad v. Santa Fe Pacific Pipelines , the Second Appellate District ordered recalculation of rent rates in litigation pending since 1994 over the rent due from Santa Fe Pacific Pipelines and Kinder Morgan to the Union Pacific Railroad for use of easements allowing a pipeline along a railroad right of way established in the 19th century. The lengthy opinion includes extensive long-range historical discussion of Western railroads and pipelines and of the pipeline agreement in question. The Porterville Recorder reports former councilman Greg Shelton is claiming vindication from a recent opinion by state Attorney General Kamala Harris on purchases of former redevelopment property. The paper said Shelton purchased property in the local redevelopment zone in 2012, and that Shelton was saying the AG's opinion supported his purchase as legitimate because it was for a residence and not for speculative purposes. It reported the opinion followed from a query raised in 2012 by Assemblymember Connie Conway, R-Tulare. The opinion, at http://oag.ca.gov/system/files/opinions/pdfs/12-1204.pdf , provides that conflict-of-interest laws written for redevelopment agencies are still in effect with respect to members of the governing bodies of successor agencies. It says such provisions in general prohibit acquisition of real property by a member of such a governing body, and resignation from the body would not cure a violation of law committed through an improper acquisition. However, it includes among exemptions a mention of Health and Safety Code Sec. 33130.5 allowing purchase or lease of a project area property for "personal residential use" but "only after any needed property improvements have been completed, or when no improvements are needed." A Superior Court judge in San Jose allowed a contractor to go forward with construction on an aviation terminal primarily serving planes of Google executives. (CP&DR reported on a prior phase of San Jose airport litigation at http://www.cp-dr.com/articles/node-3526 .) Meanwhile Google signed a contract to lease Moffett Field, including the historic Hangar One, from NASA. See http://www.cnbc.com/id/102172594 . Developer-side law blogger Art Coon noted the case of Paulek v. CA Dept of Water Resources , a Fourth District Court of Appeal ruling issued October 31 . The case upheld a local activist's standing to bring a CEQA challenge the Perris Dam Remediation Project in Riverside County but rejected the challenge itself. The Department of Water Resources had argued that when appellant Albert Paulek spoke at a public hearing on the project, asking whether the project would achieve what it set out to do, he was raising questions but not making objections, and hence lacked standing to pursue them later. The court said Paulek raised objections sufficiently to qualify to bring a petition. However, the court rejected the challenge itself, which alleged that DWR, by removing plans to include an emergency outlet extension in the dam repair project would leave a flooding hazard unmitigated. It held the decision not to include the extension in the project was not improper segmentation. Further, the court held DWR's responses to comments were adequate, including on a question Paulek raised about cumulative impacts to habitat for the Stephens' kangaroo rat.
- CP&DR News Briefs, August 24, 2015: Tahoe Conservation Purchase; Huge Warehouse Approved in I.E.; Sacramento Considers Transit to Area
An environmental group has purchased $10.1 million worth of Lake Tahoe land including scenic meadows, forests, and trout streams in order to preserve wildlife there and increase California's water supply. The purchase amounts to over 10,000 acres. Planning to remove old logging roads and restore the landscape, Palo Alto-based Northern Sierra Partnership also hopes to prove that thinning out some of the trees in densely populated forest areas there would increase California's water supply, of which the Sierra Nevada provides 40 percent. Theorizing that California's firefighting efforts after 1850 prevent naturally occurring fires that thin out dead trees and brush, UC Merced and UC Berkeley scientists have done research indicating that if these forests are thinned it could increase the amount of water flowing from the Sierra Nevada into streams, rivers, the Sacramento-San Joaquin River Delta and San Francisco Bay. By thinning about 25 to 50 percent of the trees in many of these areas, UC Merced Professor Roger Bales said, the amount of water flowing into streams could increase from 9 to 16 percent. Sierra-wide, that could increase the water running off by 500,000 to 1 million acre feet a year, enough for up to 5 million people for a year. Massive Warehouse Complex Approved in Inland Empire In a split vote, the Moreno Valley City Council approved a 40 million-square-foot warehouse project to be built on the eastern edge of the city. Councilors in favor of the World Logistics Center -by far the largest of countless large warehouses and distribution centers being built in the Inland Empire - mostly touted the estimated 20,000 jobs that the project would bring to the city, a number that also prompted the Planning Commission to approve the project 6-1 in June. However, detractors including the California Air Resources Board have called the project's Environmental Impact Report inadequate to fend off lawsuits, and the 14,000 trucks a day that the project will likely draw into the city will worsen air pollution in a region plagued with some of the worst air pollution in the nation. "We've already been told if this is approved, lawsuits are going to be filed," Councilman George Price said during the council meeting, according to the Los Angeles Times . PPIC Contemplates Future Drought The Public Policy Institute of California has released a new report titled "What If California's Drought Continues?" chronicling the state's unpreparedness for a long-term drought worsened by climate change. Specifically, the report says that sustained investments in diversified water portfolios and conservation have put urban areas in the best position to sustain a long drought, but that the greatest vulnerabilities lie in low-income rural communities and in the biodiversity of wetlands rivers, and forests, with 18 native fish appearing to be at high risk of extinction. The report suggests building drought resilience through diversified water portfolios, coordinated emergency response, and better regional infrastructure across multiple agencies. Sacramento Arena Secures Financing; Soccer Stadium Proposed Sacramento's basketball and soccer stadium proposals are making waves as they seek expansions in the city. The Kings and the Republic Football Club have joined forces for a social media campaign dubbed "Fix My Ride 916" to encourage the Sacramento Regional Transit District to implement a stronger transit system by October 2016, when a new downtown arena is scheduled to open. The campaign comes in the wake of another big gain for the Kings as the city of Sacramento officially became a partner in the construction of a new arena, closing on a short-term $300 million bond sale and eventually contributing $255 million to the arena. Additionally, as a part of Mayor Kevin Johnson's effort to show Major League Soccer that Sacramento is ready to join its ranks, Sacramento Republic Football Club is seeking fan input on design and entertainment ideas for a proposed stadium in the downtown railyard. The railyard was once considered as a site for the basketball arena. "This vital feedback from the community will not only assist us in the design of the stadium but also garner ideas on how it will serve as a catalyst towards our goal of making Sacramento a better place to work, live and play," Republic FC team president Warren Smith said in a statement. More Funding Committed to O.C. Streetcar The Orange County Transportation Authority agreed to commit $56 million to a new streetcar line between Santa Ana and Garden Grove in a bid to get a matching federal grant of $144 million for the project. The $289 million project, called OC Streetcar, is expected to be running in 2017 for commutes along a four-mile route through densely populated neighborhoods and the Santa Ana train station, holding an estimated 6,000 riders per day. Critics, however, have said that those estimates are overly optimistic, and fares from the project are only expected to cover 30 percent of the estimated $5 million annual operating cost, with Santa Ana paying 10 percent of the balance, while OCTA will cover 60 percent. OCTA CEO Darrell Johnson pronounced the authority's prospects of receiving the grant "very good," but money could still come from Measure M to build the rail even if they do not receive the federal grant. Coastal Commission Holds Firm on Affordable Housing in S.D. The Coastal Commission rejected plans to build three hotels on Harbor Island in San Diego because the project won't meet its demands for affordable lodging along the water. The projects, which would be located on public tidelands overseen by the Port of San Diego would build a 175-room hotel on the eastern end of the peninsula and 325 additional rooms on Harbor Island. "It is a form of segregation when we take the public land and develop it for people who can afford $250-and-above hotel rooms and we develop land (further) away for cheaper (hotels) for the public who can't afford it," Commissioner Mary Shallenberger said at the hearing. "This isn't all about money. It's about making our coast accessible to all people." Since the California Coastal Act came into being 40 years ago mandating that facilities along the coast be provided with lower cost facilities, the commission has had mixed success implementing the mandate. Some $19 million in affordable lodging fees have been collected over the years, but close to $10 million remains unspent. Escondido May Expand The Escondido City Council will likely begin updating and expanding the city's sphere of influence, which identifies land outside the city limits the it might eventually want to annex, in hopes of absorbing a piece of property where a developer hopes to build 550 luxury homes. The developer of the 350-acre Safari Highlands Ranch development in the rugged hills of the San Pasqual Valley hopes that the city will absorb the property in order to extend vital municipal services there. Annexation would also allow the developer to skirt county zoning restrictions, which would allow only 27 homes on the land. A year ago the City Council - indicating the city needs more upscale housing - told the would-be developers they could move forward planning the project, although no guarantees were offered that it would be approved. Critics have said that the resulting traffic and noise from the project would ruin the quiet character of the surrounding communities. National League of Cities to Hold Resilience Workshop The National League of Cities will host a Resilience Leadership Workshop to promote environmental, economic, and social vitality within Southern California municipalities. Hosted in Redlands on Sept. 21-22, the workshop will be attended by -City Teams,' composed of at least two attendees who are either elected officials or full-time city staff from each participating municipality. The primary goal is to help bring the innovative near tools and planning practices into the mainstream to the benefit of communities of any size through expert speakers. Bay Area Commuters Embrace Alternative Transportation Commuters in the Bay Area made the nation's most dramatic shift away from using private automobiles in a seven year period, dropping from 73.6 percent of workers in 2006 to 69.8 percent in 2013, according to a new Census Bureau report. In absolute terms, it also boasted the third lowest rate of use of private cars in commutes in 2013, only falling behind New York City and Ithaca, NY. Overall, 76.4 percent of the nation's workers drove alone to get to work in 2013, the Census Bureau's survey found, followed by those who carpooled, 9.4 percent; used public transit, 5.2 percent; worked at home, 4.4 percent; walked, 2.8 percent; or used "other means of travel," 1.3 percent. Bicycling was the least popular method of commuting, used by just six-tenths of one percent of workers. Plan for Office Park Unveiled at Controversial Site in Santa Monica Plans that once involved building a mixed-use neighborhood in Santa Monica across from the Expo Line 26th Street Station are now moving forward as a 204,000 square foot suburban-style office park after opposition to the original project launched a successful referendum. The original plan from developer Hines would have created more than 400 apartments and about 400,000 square feet of office space and included the city's most aggressive traffic demand management program. Director of MoveLA Denny Zane, a former Santa Monica mayor and current co-chair of Santa Monicans for Renters' Rights (SMRR), joined forces with local no-growth groups like Residocracy and Santa Monica Coalition for a Livable City, to kill the project. The new, scaled-down project will remain within the envelope of the defunct PaperMate pen factory that has long occupied the site. It will now go to the Architectural Review Board for design approval. The project's announcement follows the recent down-zoning of the city's general plan. State of Jefferson Movement Eyes El Dorado County Over 400 citizens of El Dorado County gathered at a Board of Supervisors meeting there to voice their support for a plan to secede from California and join the proposed state of Jefferson. Supporters in 16 counties -- mostly across rural Northern California -- are trying to get supervisors to approve a "declaration of withdrawal" from the state, with El Dorado being the group's first attempt to garner an endorsement in the Sacramento region. The group hopes to convince a state legislator to introduce a sure-to-fail bill in January calling for the formation of the state, after which Jefferson advocates will take their movement for statehood to the courts, Mark Baird, a spokesman for the movement, told the Sacramento Bee. Supporters of secession have claimed that a new government would prevent the imbalance of power produced by heavily-populated, largely Democrat-leaning cities over rural areas like those in far-northern California.
- CP&DR News Briefs, December 16, 2014: Fresno General Plan Nears Approval; Homeless Vets Win Order In L.A. VA Campus Case; CA S.Ct. To Review Seawall And Railroad Preemption Cases
Fresno's 2035 General Plan proposal has been moving through packed public meetings toward final approval this month. The city's Planning Commission approved the proposal December 8 . The City Council took it up in a packed public discussion hearing November 11. Mayor Ashley Swearengin has personally identified herself with the plan, which includes proposals from canal-side trails to increased infill development . The plan returns to the City Council December 18 for an approval vote. Ninth Circuit Enjoins Amphitheater Project In Homeless Vets' VA Suit The Ninth Circuit on December 15 issued a short-term order barring the Veterans' Administration from allowing continued construction of the "Hollywood Canteen Amphitheater" on its West Los Angeles veterans' hospital campus. The amphitheater's builder, the nonprofit Veterans Parks Conservancy (VPC), is one of several groups whose agreements to use parts of the park-like campus were invalidated by Judge James Otero last August in Valentini v. Shinseki . The December 15 order consolidated four separate appeals of the August decision and sent the matter temporarily back to Otero so he can decide whether to issue an order preserving the status quo on the campus pending the rest of the appeal. In the Valentini case, homeless veterans represented by a strong team of Los Angeles poverty lawyers and pro bono counsel argued that the VA was improperly allowing use of the campus by third parties for purposes including athletic facilities, gardens, and an industrial laundry for hotels. The plaintiffs argued these uses were providing only indirect or attenuated services to veterans, while the VA's priority should be housing for homeless veterans with disabilities. Otero's August order invalidated VPC's agreement for use of the property, but while the case was under appeal the VA authorized VPC, in a new agreement, to continue work on its already-begun construction project. For CP&DR's fuller coverage as of December 1 see http://www.cp-dr.com/articles/node-3634 . Lynch Seawall Case Accepted By State Supreme Court The state Supreme Court has granted review for the Pacific Legal Foundation's seawall case, Lynch v. Coastal Commission . The property-rights organization has championed two property owners who have sought a permanent rather than temporary permit for a seawall to prevent bluff erosion. See http://www.cp-dr.com/articles/node-3572 for CP&DR's prior coverage of the Fourth District appellate opinion, which backed the Coastal Commission's decision requiring a permit to rebuild the seawall after storm damage, and its refusal to issue seawall permits for any more than 20 years at a time. The Pacific Legal Foundation's celebratory announcement of the review opportunity was picked up by the San Diego U-T and the local Fox News station . L.A. Issues Earthquake Resilience Plan Mayor Eric Garcetti of Los Angeles released a plan December 8 to strengthen the city's resistance to future earthquakes by strengthening water pipes and other infrastructure, and retrofitting buildings, especially those with soft first stories or non-ductile reinforced concrete. The New York Times ' Adam Nagourney wrote an impressed account of the "Resilience By Design" report setting out the plan, which has been directed by celebrity seismologist Dr. Lucy Jones. National Housing Trust Fund To Be Funded At Last Six years after its formal creation, the federal National Housing Trust Fund will finally be receiving contributions from Fannie Mae and Freddie Mac, per an order last week from the Federal Housing Finance Agency. Affordable housing groups including the National Community Reinvestment Coalition were cheering the news. Reuters has details . O'Connor Out As L.A. Metro Board Member The Los Angeles Metro system's board of directors was rebalanced last week when officials from cities on the Southwest Corridor replaced former board chair Pam O'Connor, of the Santa Monica City Council, with Mayor James Butts of Inglewood. StreetsblogLA has details . The comments section to the article included an argument between John Mirisch, a former Beverly Hills City Council member who the article mentions as a rumored also-ran candidate, and commenters (including one signing as "Fakey McFakename") on issues including whether the article fairly described him as opposing the Westside subway extension. Mirisch insisted he in fact supported the extension but opposed "the routing of a portion of the Purple Line". Federal Budget Talks Kill California Foothills Easement Proposal Congressional Republicans have reportedly killed a proposal out of the U.S. Fish and Wildlife Service to create the California Foothills Legacy Area . The project would have bought conservation easements on 200,000 acres of ranchlands in the Sierra Nevada foothills. The Fresno Bee has details . As of December 12 the paper also quoted Rep. David Valadao, R-Hanford, as saying the federal omnibus appropriations package "ensures no additional federal dollars for California High Speed Rail" and said the package did not include legislative language tentatively negotiated between House Republicans and Sen. Dianne Feinstein. The "Cromnibus", so named because it included a continuing resolution (CR) for Department of Homeland Security programs, passed the House Thursday night and the Senate on Saturday, in negotiations that Roll Call viewed as suggesting the formation of a "new governing coalition" in Congress. Khosla May Be Defying Order To Open Martins Beach During the week after a court order to open public access to Martins Beach, the gate remained closed at Vinod Khosla's disputed access road from Highway 1 on the San Mateo County coastside. The San Mateo Daily Journal and San Jose Mercury News reported the Coastal Commission was threatening Khosla with fines of $11,250 per day. The Mercury News noted the Thursday after the ruling was stormy, creating a legitimate reason to close the gate, "but the weather over the previous five days was mild and dry." CEQA Preemption Case Accepted For Review A state ruling on federal CEQA preemption has been accepted for review by the state Supreme Court. In the case of Friends of the Eel River v. North Coast Railroad Authority , the First District Court of Appeal upheld a contract for use of railroad tracks against a CEQA challenge to its EIR on the grounds that a federally regulated railroad deal was outside the purview of CEQA. If upheld, the ruling could allow lumber shipping by rail to resume in Willits . Attorneys Nicole Martin and Donald Sobelman of Barg Coffin Lewis & Trapp, LLP posted a detailed commentary last month on reasons why the appellate court's decision, if affirmed, could help advance freight rail expansions throughout the state. USSTB Says CEQA Review Is Preempted On High-Speed Rail In another railroad preemption move, the Fresno Bee reports the U.S. Surface Transportation Board ruled 2-1 on December 12 that CEQA review of the High-Speed Rail project's Fresno-Bakersfield route "is categorically pre-empted". The paper counts seven lawsuits that could potentially be blocked by the order -- which will presumably be litigated. Riverside County Settlement Allows Use Of Post-Redevelopment Funds Riverside County has reached a settlement with state officials allowing it to use up to $10 million in former redevelopment money on a shopping center rehab project in Jurupa Valley. The Press-Enterprise has details . Warriors' New Design Less Lavatorial The Golden State Warriors have released a redesign of their San Francisco arena plan, this time in more symmetrical form to answer critics' comments that the roof resembled a toilet lid. The smart San Francisco real estate blog Socketsite has details and renderings . The design is for a site near the corner of Third and 16th Streets in San Francisco's otherwise too-quiet Mission Bay tech neighborhood, south along the Bay waterfront from the Giants' AT&T Park. Procedural Tangle On EIR Resolved In Aggregate Mine's Favor In Friends of the Kings River v. County of Fresno , the Fifth District upheld dismissal of a CEQA petition that had challenged the EIR on the reclamation plan for a proposed new aggregate mine in Fresno County near Sanger and Reedly. The plan discussed how the property would be divided into 40-acre mining cells, each cell dug down 50 feet and the remaining ground restored. Petitioners had argued that the trial court dismissed their case when it was not ripe for review because by the time the court's decision emerged, the plan they were contesting was no longer in effect. Petitioners had filed their court petition against the Board of Supervisors' approval of the EIR while they also had an appeal pending with the State Mining and Geology Board. While the court appeal was still pending, the mining board granted petitioners' administrative appeal; the county Supervisors responded by approving a revised EIR, and when petitioners took the revised EIR back to the mining board, it approved the revised EIR. The mining board conducted its hearing on the revised EIR November 14, 2013, and on that same date the trial court denied the writ petition on the original EIR. The appellate court found the dispute was "neither unripe nor moot" and rejected several challenges to the substantive adequacy of the EIR. De Le�n As Pro Tem Ends Government Oversight Research Office The Sacramento Bee reports that new state Senate president pro tem Kevin de Le�n has eliminated the State Senate's Office of Oversight and Outcomes, a research unit whose reports included two 2010 reports that criticized redevelopment agencies during their last year of existence. Homeowners' Association Fees Case Goes To Oral Argument In January The case of Tract 19051 Homeowners Association v. Kemp goes to oral argument in San Francisco before the California Supreme Court on January 7, 2015. The case concerns whether Cal. Civil Code Sec. 1354 entitles prevailing parties to attorney's fees in a dispute with a homeowners' association where the win followed from a showing that the association had not been adequately maintained as a legal entity. The CalAttorneysFees Web site wrote up the case after it was granted review in August 2013. The original Second District opinion, which was unpublished, is at http://www.courts.ca.gov/opinions/revnppub/B235015.PDF .
