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  • Governor Takes Action on Important Housing Bills

    Gov. Schwarzenegger waited until the last minute to take action on the most important housing bills of the 2004 legislative year, signing some and vetoing others. The most controversial housing bill that the governor signed is SB 1818 (Hollingsworth), which increases the maximum density bonus for certain affordable housing projects from 25% to 35%. One way developers can qualify for the larger density bonus is by donating land for future affordable housing projects. The bill also requires cities to provide affordable housing developers with three incentives of the developer's choice. That final provision is a major concern, said Sande George, lobbyist for the California Chapter of the American Planning Association. It appears a developer could use the provision to avoid paying mitigation fees, utility connection charges, and planning fees, she said. But bill supporters say they envision the incentives being things like smaller setbacks or relaxed parking requirements. Under the legislation, a city may refuse to grant a concession if the city makes findings. Also receiving the governor's endorsement were AB 2348 (Mullin) and AB 2158 (Lowenthal), both of which make changes to the housing element process (see , June 2004). The governor vetoed two other high-profile housing bills, both by Assemblyman Darrell Steinberg (D-Sacramento). One of the failed bills was AB 2702, which would have reduced local government discretion over second units. “As a strong proponent of local control,” the governor said in his veto statement, “I believe that government is most responsive and accountable to people when it is close to the people. This bill removes that control away from local officials, where homeowners and residents can voice their concerns about their neighborhoods and moves it to a state bureaucracy in Sacramento.” The second bill Schwarzenegger rejected was AB 1426, which would have provided $1 million from the Proposition 46 housing bond to fund incentives for affordable housing production in the Sacramento region. The governor said it was inappropriate for the state to set aside the bond funds for one region's programs. Interestingly, both vetoes came despite Business, Housing and Transportation Secretary Sunne Wright McPeak's support for the Steinberg bills. Housing advocates were disappointed. “This governor may be more receptive than any of his predecessors over the last 25 years to local government arguments for local control,” the California Housing Law Project said in an October memorandum. BESIDES THE HOUSING BILLS, the governor also took action on two other bills that could have indirect land use implications. Schwarzenegger signed AB 2572, which requires cities, special districts and other water providers with at least 3,000 connections to install water meters by 2025 (not by 2013, as reported by in September). The largest cities affected are Sacramento and Modesto. Meanwhile, the governor vetoed a bill that would have capped air pollution limits at the ports of Long Beach and Los Angeles at current levels. Schwarzenegger said AB 2042 (Lowenthal) “would not reduce air pollution in any way.” Instead, he called for a new state and federal program of financial and regulatory incentives to reduce port air pollution. AS EXPECTED, CALTRANS DID NOT AWARD A BID a bid to build the “signature” portion of a new, seismically safe San Francisco-Oakland Bay Bridge. However, instead of asking for a bid extension, the state simply let the $1.4 billion bid expire on September 30. The bid from a consortium of bridge builders for the self-anchored cable suspension span was about double what Caltrans had estimated, and the bid helped make clear just how expensive the proposed eastern Bay Bridge replacement may be ( , October 2004). The estimated cost of the project has jumped from $1.3 billion to $5.1 billion since 1997. The state has convened a panel of experts to reconsider the Bay Bridge design. A report to the Legislature is due in December. More than half of the state's cities and counties have not completed a comprehensive general plan update in at least 10 years. According to a letter from the Governor's Office of Planning and Research (OPR) to the attorney's general's office, 288 cities (out of 477) have not completed an update in at least a decade, nor have 37 of the state's 58 counties. However, OPR did report that 75 cities and 19 counties are currently working on comprehensive plan updates. OPR defines a “comprehensive” update as a revision of at least five of the seven required general plan elements. AT A HEARING ATTENDED BY MORE THAN 1,000 people, the Los Angeles City Council approved phase two of the Playa Vista project on the city's west side. Phase two will slide between housing that is already under development on the project's west end, and a 3 million-square-foot office and industrial park on the project's east end (see , October 2003). With 2,600 housing units, 175,000 square feet of office space and 150,000 square feet of retail space, phase two is proposed to contain the mixed-use aspects that Playa Vista backers have touted. In all, Playa Vista will have about 5,800 housing units. Even though about 600 of Playa Vista's 1,087 acres are being set aside for open space, wetlands habitat or parks, development opponents persist. During the City Council hearing, they complained bitterly, especially about traffic congestion. Litigation over phase two approvals is next. A RAND CORPORATION STUDY is the latest to link low-density, suburban-style development with public health problems. The Santa Monica-based think tank found that adults who live in the most sprawling cities have a health profile similar to someone who is four years older and living in a more compact city. The RAND study identified the Riverside-San Bernardino region as the nation's most sprawling. Among the health conditions more prevalent among residents of sprawling areas are high blood pressure, arthritis, headaches and breathing difficulties - even after accounting for factors such as age, race, income and local environmental conditions. “To improve our health the study suggests that we should build cities where people feel comfortable walking and are not so dependent on cars,” said Dr. Deborah Cohen, a RAND researcher and study co-author. The study is available on the RAND website at: www.rand.org/research_areas/health/index.html . A STATE APPELLATE COURT has for the first time invalidated an urban water management plan. In an unpublished decision, the Fifth District Court of Appeal rejected the Castaic Lake Water Agency's plan. Castaic's urban water management plan - which is supposed to address 20-year supplies and needs - has received criticism since the agency adopted the document in 2000. The agency sells water at both wholesale and retail in the Santa Clarita Valley. The Sierra Club and Friends of the Santa Clara River sued over the plan in 2001, as did Ventura County, which eventually dropped out of the litigation. Earlier this year, directors of the Newhall County Water District, which purchases water wholesale from the Castaic agency, cast a no-confidence vote regarding the plan (see , March 2004). The environmentalists contend that the plan improperly relies on “paper water” from the oversubscribed State Water Project and questionable groundwater supplies. The Fifth District rejected the plan because it did not properly account for perchlorate contamination from a closed munitions factory in Saugus. “If the perchlorate contamination impairs the supply of water taken from the Saugus formation in dry years, the districts plan to restore full production capacity by treating the contaminated water,” Justice Dennis Cornell wrote for the court. “While the treatment facilities are being built, the districts have no plan to cover the reduction in water available from the Saugus formation. “Thus, the plan's description of the perchlorate contamination and the method for addressing that contamination is flawed because it fails to (1) address the time needed to implement the available method for treating the contaminated water and (2) describe the reliability of the groundwater supply during that implementation period,” Cornell continued. The implications of the court ruling are unclear, although the decision places planners in a tenuous situation. In the meantime, the Castaic agency is preparing the mandated five-year update to the water plan. THE CONFLICT BETWEEN A CONDOMINIUM tower and a multi-modal transportation depot in downtown San Francisco has concluded with the San Francisco Board of Supervisors voting to purchase the condo site via eminent domain. Developer Jack Myers had actually begun preliminary construction on a 423-unit, 51-story condominium project across the street from the site of the planned transbay terminal (see , August 2004). Construction of the condominiums apparently would have prevented construction of an underground rail line to the terminal. The Transbay Joint Powers Authority suggested both projects could go forward if a huge concrete foundation were built under the residential tower. Supervisors, however, rejected the idea as risky and costly, and instead voted to acquire Myers' site on Natoma Street for $32 million. The city would pay half and the Metropolitan Transportation Commission the other half. Myers, who vowed to continue with a lawsuit over the terminal's environmental impact report, will likely press for a higher price. SAN FRANCISCO SUPERVISORS in October approved a 45-day moratorium on the demolition of one- and two-screen movie theaters. A proposal to raze the Richmond District's 4 Star theater to make room for a church spurred the moratorium, which supervisors are likely to extend this month. In the meantime, the city is considering a process in which developers would have to prove that a proposed theater demolition would not harm a neighborhood. PACIFIC LUMBER COMPANY (PALCO) and state agencies have been ordered to pay $6 million in attorneys' fees after losing a lawsuit over a “sustained yield plan” for 200,000 acres of forest owned by PALCO on California's north coast. The award of attorneys' fees is one of the largest ever in an environmental case, and an appeal is certain. The logging plan was drawn up as part of the $480 million deal in which the state purchased a portion of the Headwaters Forest in Humboldt County from PALCO. The Environmental Protection Information Center and the United Steelworkers Union challenged the plan on a variety of grounds, winning the case in 2003. More recently, Lake County Superior Court Judge John Golden awarded EPIC $4.3 million in fees and the union $1.8 million. The administrative record in the case contains more than 75,000 pages. AFTER MORE THAN A DECADE of planning, discussion and controversy, the City of Los Angeles broke ground in October on a new pedestrian path around Silver Lake Reservoir. The 2.2-mile long pathway will encircle the 126-acre property and have varying amounts of separation from the street. The project also includes the planting of street trees and a new chain-link fence along the west side of Silver Lake. The $4.2 million project, funded by the state and city, is the highest priority of the Silver Lake and Ivanhoe Reservoirs master plan. The bodies of water have been off limits to the public since the 1940s, and the city during the 1980s proposed covering them because they provide drinking water. Area residents fought that plan and have worked ever since to get some limited use of the public property.

  • Bill That Would Protect Military From Urban Development Raises Ire

    A bill concerning development under military airspace continues to evolve in the state Legislature. Senate Bill 1462 originally proposed creation of the Military Greenway Commission, to which cities and counties in Southern California would have to report proposed developments that could impact the military. But the bill’s author, Sen. Sheila Kuehl (D-Santa Monica), expanded the measure into a California Environmental Quality Act amendment that would force local governments to consider a project’s potential impact on military operations. In mid-May, Kuehl again amended the bill, dropping the CEQA provisions. Instead, the bill would require local governments to notify the military of proposed development projects, general plan amendments or plan updates when the property in question lies beneath a low-level flight path or adjacent to a military base. The military branch involved could then request a consultation with the public agency or project applicant. The bill also requires the governor to create a conflict-resolution process. The CEQA version of the bill generated a firestorm of opposition from developers, business groups, and some cities and counties with military bases. It appears unlikely that the latest bill amendments will satisfy opponents. The bill was written at least partially in response to Tejon Ranch’s plans for a new town of 60,000 people at Interstate 5 and Highway 138. Portions of the 11,700-acre project site underlie a low-level flight path used for training military pilots (see , April 2003). Kuehl and the bill’s backers — which are mostly environmental groups — say the measure is necessary to prevent conflicts between urban development and military activities, and they point to the round of base closings that is scheduled to commence in 2005. Opponents say the measure is unnecessary and only an attempt to block development. At the committee level, the bill has received mostly partisan supports. But the measure puts some conservative lawmakers in a difficult position because a vote for property rights could also be portrayed as a vote against military readiness. A former development company executive is the new director of the state Department of Housing and Community Development. Gov. Arnold Schwarzenegger appointed Lucy Dunn to the post effective June 1. Dunn spent 12 years with the Koll Company and its affiliates. Most recently, she was executive vice president of development for Hearthside Homes, where she negotiated deals concerning Bolsa Chica entitlements and wetlands restoration (see , January 2002). An attorney, Dunn is vice president of the California Building Industry Association and a director of the National Association of Home Builders. Dunn succeeds Matthew Franklin, who served as HCD director for a year before taking a position as head of San Francisco’s housing programs. Gov. Schwarzenegger has signed a bill that makes it easier for local governments to adopt transit village plans. Under the original Transit Village Development Planning Act, a transit village could be created only around a rail station, and only if the local government could prove the project would 13 specific public benefits, such as redevelopment of depressed neighborhoods, promotion of job opportunities, and increased stock of affordable housing. Assembly Bill 1320 (Dutra) permits creation of a transit village around any sort of rail station, a bus hub, a bus transfer station or a ferry terminal. The bill also reduces the public benefit requirement from 13 to five. The controversy over a proposed quarry and concrete batch plant just outside Santa Clarita continues. In May, U.S. District Court Judge Dickran Tevrizian approved a consent decree between Cemex and Los Angeles County that allows the mine to go forward. However, the Santa Clarita City Council has voted to appeal the consent decree to the Ninth U.S. Circuit Court of Appeals. The Ninth Circuit in February directed the lower court to let the city intervene in the lawsuit. Cemex sued the county more than two years ago, after the county rejected the Mexican mining company’s proposed quarry in Soledad Canyon, off Highway 14. Under the settlement, the company must pay about $1.5 million over several years into a fund to address air quality, traffic and open space impacts. The company also must widen Soledad Canyon Road between the quarry and the freeway. The Board of Supervisors voted 3-2 for the settlement, with Supervisor Michael Antonovich, who represents the area, firmly opposed. The city contends the mine will harm already poor air quality, increase traffic congestion, threaten groundwater and scar a prominent hillside. The city also insists that environmental studies should be updated. In an interesting twist, the city earlier this year purchased for $1 million the 493 acres where the mine is proposed. But the Bureau of Land Management owns the property’s mineral rights and has issued mining permits to Cemex. Both U.S. Rep. Buck McKeon (R-Santa Clarita) and Sen. Barbara Boxer have introduced bills that would block the mine. One development company that has vigorously fought another company’s project in El Segundo lost yet another round in May. In an unpublished decision, the Second District Court of Appeal ruled against Kilroy Realty. Kilroy had alleged that the City of El Segundo had manipulated the CEQA process to aid Thomas Properties Group, which plans to develop 2.2 million square feet of office and retail space near the Los Angeles International Airport (see , May 2002). Kilroy lost an earlier round of the lawsuit at the trial court level. Two years ago this month, Kilroy lost at the ballot box when two-thirds of El Segundo voters rejected a Kilroy-funded referendum of the project. The 46-acre site of “Campus El Segundo” has been vacant since the early 1990s, when Rockwell International closed and then demolished an aerospace industry factory. Voters in Azusa approved a specific plan for 500 acres owned by Monrovia Nursery during a special election in May. The plan calls for 1,250 housing units, including single-family houses, condominiums and apartments, a retail “promenade,” an elementary school, a transit plaza around a Metrolink rail line, and 200 acres of parks and open space. A group called Azusans for Responsible Growth opposed the project, contending it contained too many housing units. After the city approved the project last year, the group gathered signatures on a referendum. The city found the referendum flawed, so the group sued. The city then put the plan on the ballot anyway, and the plan won favor with 75% of voters. In 1999, city voters overturned approval of a 1,600-unit development on the nursery site, which Monrovia is vacating. The city then undertook a lengthy planning process with heavy public involvement (see , February 2002). The resulting plan is the one voters endorsed in May. A five-member commission charged with examining the proposal to divide Santa Barbara County in two has been appointed by the governor. The commission has up to one year to report on the proposal to carve Mission County out of the northern and western portions of Santa Barbara County (see , July 2003). The commissioners are Jack Boysen, a retired developer and member of the county Planning Commission from Santa Maria; former Solvang Mayor June Christensen; retired San Luis Obispo County Assessor Dick Frank; former Santa Barbara Mayor Harriet Miller; and former San Jose City Manager and retired airlines executive Ted Tedesco. Private water companies should be eligible for Proposition 50 bond funds , according to a recommendation from the Legislative Analyst’s Office. In a May 14 report, the LAO found that legal and tax issues could be resolved, so the issue is one of policy for the Legislature. Proposition 50 — a $3.4 billion resources bond approved in November 2002, — does not address public versus private eligibility, and the LAO has urged lawmakers to set a clear policy. Senate Bill 909 (Machado) could provide the policy. The LAO reported that 23% of Californians get their water from private companies, the majority of which are quite small. Those companies appear to be eligible for portions of $1.4 billion in six different Proposition 50 categories. Making those monies available to private water companies would further the public purpose of Proposition 50, the LAO concluded. The LAO’s report is available at www.lao.ca.gov .

  • Redding and Colton Lauch The "Fourth Chapter" in American Conservation

    The Bush administration brought its efforts to change environmental regulations to California in September, when high-ranking appointees conducted “listening sessions” in Redding and Colton — two of 24 informal hearings across the country intended to carry out a 2004 executive order calling for “cooperative conservation.” Department of Agriculture Undersecretary Mark Rey called cooperative conservation the “fourth chapter” in American conservation, following on the initiatives of Theodore Roosevelt, the New Deal, and the environmental movement of the 1960s and ’70s. At the Redding hearing, attended by about 140 people, environmentalists expressed skepticism that landowners, developers and resources industries would be willing to cooperate for the sake of the environment unless strong laws require such action. “Voluntary compliance is a beautiful idea, but we don’t think it has a chance working,” said William Oliver, of the Audubon Society’s Wintu Chapter. He and other environmentalists urged federal officials to “believe in the science that we are paying for.” However, numerous timber industry representatives at the Redding session focused their comments on the Endangered Species Act and the National Environmental Policy Act. Tim Feller, a district manager for Sierra Pacific Industries, called the two laws “onerous” and difficult to comply with. The Endangered Species Act “has turned into a hammer on private lands,” said Dave Bischel, president of the California Forestry Association. “Put away your hammer,” he told the officials. Representatives of environmental groups did endorse existing programs that bring conservationists, landowners, ranchers and others together. But the environmentalists spoke repeatedly about the need for more funding and pointed out that the administration has proposed reduced funding. Federal officials have offered little indication of what they will do to implement cooperative conservation, or when. There is a website: http://cooperativeconservation.gov .

  • PPIC Study Questions Housing Shortage

    The Public Policy Institute of California (PPIC) released three reports of interest to planners in March. The reports address housing supply, the link between water and planning, and planned developments. The housing supply study surprised many people because it reported a statewide shortage as of 2000 of only 138,000 units, when interest groups and other analysts have pegged the shortage at 500,000 to 1 million units. Authors Hans Johnson, Rosa Moller and Michael Dardia identified a shortage of 168,000 units in the Bay Area, 146,000 units in Los Angeles and Orange counties, and 87,000 units in San Diego County. However, they found that housing was abundant everywhere else in the state, especially in the Inland Empire and Central Valley, a situation that forces long commutes and traffic congestion. Housing construction dropped from 2.1 million units during the 1980s to 1.1 million units during the 1990s. The researchers reported that macro economic trends — such as employment levels, U.S. economic policy and private investment strategies — and demographic factors — including a slowing of population growth during the 1990s, and more immigrants and children — accounted for 80% of the construction decrease. "These findings do not mean that there are no hardships with respect to housing supply and new construction in California," the report states. "There may be serious problems in markets for low-income housing, and there is evidence of a housing shortage in the state’s largest metropolitan areas. However, they do suggest that the supply crisis may be overstated, and that our position in 2000 was perhaps better, and certainly not much worse, than in 1990." The survey on water supply and growth found that most jurisdictions coordinate the two in some fashion. The survey by Ellen Hanak and Antonina Simeti found that 62% of cities and counties participate in the planning activities of their local water utilities. The survey also found that 55% of cities and 83% of counties require some sort of assessment of water availability before approving new housing, although the level of assessment varies greatly. About half of cities and counties also have policies that link new homes’ locations with considerations of stormwater management and groundwater recharge. The survey also found that half of counties and one-quarter of cities have conducted reviews under 2001 legislation (SB 610 and SB 221) that requires assurances of water availability for large developments. The study of planned developments found that they are not the evil, walled compounds for the wealthy that some commentators have described. The study by Tracy Gordon found the percentage of middle-income people living in planned developments is the same as in similar areas. Gordon did find that planned development residents are more likely to be white, and less likely to be Hispanic or African-American, than in the community as a whole, but she said planned communities have a minimal impact on overall segregation in the state. The study also countered the belief that planned development residents withdraw from the larger community. Gordon found higher percentages of voter registration and turnout in planned developments, and voting preferences that matched similar neighborhoods. All of the PPIC studies may be found at www.ppic.org THE SAN DIEGO REDEVELOPMENT AGENCY did not provide replacement housing for units demolished as part of redevelopment projects, double-counted housing units and spent an inordinate portion of housing funds on planning and administration, according to a Department of Housing and Community Development Department audit released in March. Auditors identified one project that removed 24 housing units that were not replaced. Two other projects that involved demolition of 137 and 19 units, respectively, relied on replacement units that had been built four years earlier and may not have been available to displaced residents. Auditors also identified four instances in which the redevelopment agency counted units as both replacement housing and toward low- and moderate-income housing production requirements. Additionally, over the three years audited, from 21% to 44% of low- and moderate-income housing fund expenditures were for planning and administration, HCD reported. In response, the agency differed with HCD’s interpretation of state law regarding replacement units. The agency said that under state law, it may count units built as much as four years before demolition of existing units as replacement housing. Officials at HCD appeared to agree but only if the units were built or rehabilitated in anticipation of removal of the existing units. The agency did not do this, according to HCD. As for double-counting of housing units, the agency said it would review its implementation plans and work with HCD. The agency contended that its planning and administrative expenses were justified and, because of accounting techniques, appeared exaggerated. The state also knocked the redevelopment agency for counting ineligible units toward housing production requirements, not keeping bond proceeds for housing in a separate account, and filing inadequate reports. THE DEPARTMENT OF CORRECTIONS did not adequately analyze alternative sites for constructing a new death row, according to a report issued in March by the California State Auditor. Corrections is in the planning stages of a $220 million overhaul of the condemned inmate facility at San Quentin. "Relocating San Quentin’s activities elsewhere and allowing Marin County to develop the property would provide an opportunity for the state to help Marin County address some of its housing and transportation concerns," State Auditor Elaine Howle reported. But Howle also concluded that relocating death row could cost $300 million more than the state would receive from the sale of the property. Corrections officials said the report justified their decision to go forward at San Quentin. Developers and some Marin County officials have eyed the San Quentin site — overlooking San Pablo Bay, near San Rafael — for years. Howle’s report is available at www.bsa.ca.gov THREE BALLOT MEASURES that would have allowed development on small parcels of agriculturally zoned land in Napa County were rejected by voters in March. Voters said no to a proposal to expand a restaurant in Oakville (Measure Q), a plan to expand the Pope Valley Market (Measure R) and rezoning for a commercial establishment near Cuttings Wharf (Measure S). The elections were required under 1990’s Measure J. Since then, voters have rejected seven of eleven measures to rezone agricultural land. THE TOWN OF LOOMIS joined the Sierra Club and the Audubon Society in filing a lawsuit over the City of Roseville’s recent approval of the 3,100-acre west Roseville specific plan (see , March 2004; , August, 2003). The suit alleges Roseville did not adequately address traffic congestion, air quality degradation, the loss of farmland and impacts to wildlife habitat. REUSE OF THE FORMER NORTON AIR FORCE BASE in San Bernardino advanced in March, when Stater Bros. Markets announced it would move its headquarters from Colton to 160 acres at Norton and build a 2 million-square-foot warehouse and distribution center. As many as 2,000 people could work at the new Stater Bros. facility, which could break ground this summer. Stater Bros. would join Kohl’s, which has already opened a large warehouse at Norton, and Mattel, which is planning a facility of its own. The Inland Valley Development Authority, which is responsible for base reuse, continues to negotiate its assistance for Stater Bros.

  • CP&DR News Summary, February 4, 2013

    Lots going on in California planning and development this week ...  Central Valley's Growth War Gets the Governor's Attention Fresno Bee Governor Brown intervenes to help resolve debates over how the central valley should grow. The Governor's Office of Planning and Research is currently overseeing the meetings between the city of Fresno and its neighboring counties to help reach a mutual understanding for how to sustainably grow and develop the region. With recent state projections showing that the valley is growing at a faster rate than anywhere else in CA, the policies that regulate its growth and development will significantly impact where its growing population will be able to live and the extent to which the region will physically grow.  Hot in CA: Plans to Improve Biking and Walking... SFStreetsblog In response to MAP-21, a bill passed by Congress last year that cut federal funding for biking and walking programs, advocates like the League of American Bicyclists and the California Bike Coalition are urging the Brown administration to prioritize walking and biking in the state budget.  �California Bike Coalition's goal to influence the state budget and CEQA reforms� LAStreetsblog Gov. Brown's budget proposal combines funding for pedestrian and bicycle programs into one category, cutting "active transportation" funds 10% from last year. Additionally, CalBike wants CEQA reforms to include a streamlined process for projects that improve bicycle infrastructure and better-connect bicycle networks.   �SF's Bicycle Strategy could be a model for the nation, now they just need the funding� SF Streetsblog SFMTA proposes three strategies to effectively improve bike mobility in the city.   Despite the city's historic record of underfunding bicycle projects, officials are on board with advocates for an increase in bicycle funding.  Specific Plan in LA Sets Smart Development Model for the City Los Angeles Times Cornfields Arroyo Seco Specific Plan seeks to revitalize neighborhoods and industrial areas by proposing new urban zones. The plan was approved on Tuesday by the City Council planning commission and needs to go through the City Attorney's office before the full council can approve the plan.  LA Community Parks Risk Closing Without Redevelopment Dollars L.A. Downtown News Two parks in Skid Row, Gladys Park and San Julian Park, were at risk of closing last week.  With the end of Redevelopment in CA, the nonprofit, SRO Housing Corp, who has long maintained both parks with annual CRA payments have been looking for support elsewhere. When the funds to operate the park ran out in June, Councilwoman Jan Perry helped secure funds from the Los Angeles Homeless Services Authority that would keep the park operating for another six months. Those six months have passed and redistricting has handed this issue over to Councilman Jos� Huizar. With the risk of the parks closing on February 1st, Huizar allocated $50,000 of discretionary funds to aid SRO with San Julian Park's maintenance and operation costs and the city's Department of Recreation and Parks will now maintain Gladys Park. City officials are currently working on a long-term solution that will hopefully prevent the risk of closure in the future.  Berkeley Greens Its Downtown The Downtown Streets and Open Space Improvement Plan was unanimously approved by Berkeley's City Council on Tuesday night.  The plan follows Berkeley's Downtown Area Plan that was approved last year. The provisions aim to create a more pedestrian-oriented downtown and better design for its streetscapes, plazas and parks.

  • CP&DR News Summary, April 15, 2014: Coastal Commission edition -- the last of 'Malibu Day'?

    The Santa Monica Mountains coastal area, one of the largest still under direct Coastal Commission permitting authority, on April 10 won Commission approval of a Land Use Plan, which was the most significant step toward final certification of its Local Coastal Program (LCP). The Commission will take up the interpretive Local Implementation Plan separately, probably at its June meeting. The LCP plan area covers a broad swath of the Santa Monica Mountains inland from the Malibu city limits and Pepperdine University, running approximately five miles to the crest of the mountains and covering 50,000 acres. A further mountainous "North Area" is subject to similar planning approaches but is inland of the Coastal Act's jurisdiction. The area under the Santa Monica Mountains LCP touches the coast only briefly on either side of Malibu's long, narrow strip of coastline. The traditionally fractious City of Malibu has had its own separate LCP since the Legislature forced it to adopt one in 2002. Final Commission approval for an LCP would delegate coastal permit approval powers to the county, removing a layer of regulatory process from most construction approvals but requiring the county to operate per the Commission-approved plan. The plan passed the Commission with environmental groups generally in favor and mixed positions by affected property owners, with farmers and vintners most strongly in opposition. A brief political season leading up to the meeting included a letter-writing campaign against the plan's agriculture restrictions. After a long history of past false starts, the LCP project was reportedly restarted by LA County Supervisor Zev Yaroslavsky, in order to wrap up the matter before the end of his last term as Supervisor. He vigorously cheered the county and Commission efforts to completion. A statement on his weblog after the Land Use Plan certification called it "a vote that will resonate for generations". Richard Bruckner, director of the LA County Department of Regional Planning, said the Santa Monica Mountains LCP policies, crafted mainly by the County, took a new approach to the usual starting binary for a Coastal Commission permit discussion: whether land qualifies as "Environmentally Sensitive Habitat Areas" (ESHA) or not. He said they worked out "a much more nuanced plan where there are gradations of habitat." Bruckner said previously each permit application began a negotiation over the extent to which development on a property could be limited without effecting a taking. The new approach would be clearer, hence less time-consuming, he suggested. The new plan classifies land in three categories of sensitivity, H1 through H3, ranging from severe limitations on development in H1 to relatively relaxed standards in H3 zones that are already developed. Long-term Commission watcher Susan Jordan, director of the California Coastal Protection Network, said the H2 standard applied development restrictions that would be typical of restrictions on development in ESHA areas. Don Schmitz, an organizer of opposition to the plan who frequently represents permit applicants before the Commission, said "I understand it was a hard-fought compromise that was hammered out with the Coastal Commission staff." The plan allows existing farming and vineyards, and new or old personal gardens. However, it creates a heavy presumption against "new crop-based agricultural uses" and prohibits new vineyards outright, based on concern about runoff, erosion, pesticides, and habitat disruption, especially on steep slopes. Initial drafts would have prohibited all new "crop-based" uses, but in light of the pro-agriculture campaign, the Commission approved an addendum whose major provisions clarified that not all new crops were prohibited, and described small-scale gardening and farming that could still be allowed if organic and biodynamic methods are used. Yaroslavsky wrote on his weblog that the Commission added the additional wording about authorized agriculture due to "misinformation" from opponents including Schmitz, whom he singled out by name. In the earlier of two weblog posts focused on the April meeting, he gave a heated defense of the LCP against claims that it would unreasonably restrict property use, especially with respect to crops and animals. Schmitz in turn accused the plan's creators of failing to observe protections for agriculture that he argued were centrally enshrined in the Coastal Act, and of moving the approval process too fast. He said the original proposal was for an "outright and complete ban on any agriculture in the Santa Monica Mountains," but that he and other opponents were "chastised" for saying so because the proposed rule "magnanimously" would allow existing agriculture to continue. Schmitz described himself as a farmer and vineyard owner and a spokesperson for a new group, the Coastal Coalition of Family Farmers, which was the plan's most visible opponent as of April. Schmitz said this group was newly formed in response to news of the plan proposal. He said the proposal took farmers by surprise and did not leave much time for them to organize a response. In an email Jordan wrote, regarding opposition complaints on timing, "all legal time requirements were fulfilled, all sides -- supporters and opponents -- had the same access to information, and were well informed of the direction it was going." A Change.org petition bearing the logo of Schmitz's group is still posted at http://www.change.org/petitions/local-coastal-program-protect-the-future-of-farming-in-the-santa-monica-mountains. The page introducing the petition refers to "Banning future agricultural land use". The petition had received 922 signatures as of this writing, many added after the April meeting, some from as far away as Nevada, Ohio and Italy. The Commission staff's 179-page addendum, containing last-minute responses and revisions to the proposal, included letters showing a mix of strongly held local sentiments: support from environmental and community groups and some landowners, and opposition from other local landowners, the Farm Bureau, Pacific Legal Foundation and Malibu Chamber of Commerce. The opponents' letters contained varying phrasing about whether what was to be banned was new farms and vineyards, or agriculture in general. Bruckner and Jordan said the many established equestrian facilities in the Santa Monica Mountains would be helped to come into compliance before they faced hard-edged enforcement actions. Jordan, herself an equestrian, said descriptions of the help with compliance as an "amnesty" program were, however, inaccurate. The Santa Monica Mountains LCP process has spanned most of Yaroslavsky's long-running political career. He was first elected to the LA City Council in 1975. The LA County Supervisors took the first step toward an LCP in 1982 by approving a Land Use Plan for the Malibu area. The Commission certified that plan in 1986 but because the Supervisors had not passed zoning and planning ordinances to implement it, the Commission could not approve the whole LCP. The Supervisors partially restarted the process in 2007, then stalled, then recently redid the whole package. And now, at last, the plan is headed toward final certification, with only the meeting on implementing details to get through, presumably at the meeting scheduled in Huntington Beach in June. Looking toward June, Bruckner said, "It's the details, but I'm very pleased that... we've got agreement on the policies between the Commission and the County. And I think we can work through the details with the Commission staff. They've been very generous with their time and we've had a good dialogue with them." The lack of a Santa Monica Mountains LCP was recently an issue in Hagopian v. State of California , discussed at http://www.cp-dr.com/articles/node-3440, in which organic farmers at the top of Topanga Canyon attempted to develop their property based on county approval without going to the Commission. Participants on all sides of the LCP debate declined to comment on the Hagopian matter, all distancing themselves from the Hagopians' position that the LCP had not been needed at all. Bruckner said he anticipated the LCP would bring the county about 30 to 40 new permitting cases a year, depending on economic conditions, and then there would be work to do with nonconforming property owners. He said "by the commission staff's own reckoning there are as many violations or unpermitted improvements in the Santa Monica Mountains as in the ... rest of the coastal areas combined." While the new Santa Monica Mountains LCP may transfer that much workload off of the Coastal Commission, it won't be as much of a change as in 2002. That was when the Commission, under orders from the Legislature's AB 988, created and approved an LCP for the City of Malibu, ending a long tradition of extended fussing over Malibu local issues at meetings of the statewide body. Some of the history is explained in Malibu's LCP, as created in 2002, appearing as an attachment to the September 2002 agenda at http://coastal.ca.gov/meetings/mtg-mm2-9.html. Conoisseurs of legislative dudgeon may appreciate the last three staff analyses on the 1999-2000 session's AB 988, available at http://bit.ly/PK0b0V. Links: Malibu Times : http://bit.ly/1p0Wg0a Thousand Oaks Acorn : http://bit.ly/1lZfLR5 LA Business Journal : http://bit.ly/QTS4Qn LA County LCP planning page: http://planning.lacounty.gov/coastal Yaroslavsky's weblog: http://zev.lacounty.gov/news/a-high-note-for-mountain-protections For a list of coastal segments where Coastal Commission permit authority had not yet been transferred as of November 2013 see http://www.coastal.ca.gov/lcp/LCPStatusSummFY1213.pdf. Coastal Commission April agenda, annotated with results, LCP documents attached: http://coastal.ca.gov/meetings/mtg-mm14-4.html Monterey Bay Shores Resort The Coastal Commission approved developer Ed Ghandour's proposal for the 39-acre, 368-unit "Monterey Bay Shores Resort" in Sand City, which has been before the Commission intermittently since 1998. The decision overrode intense objections from environmental groups and agencies that had sought stronger habitat protections for species including the Western Snowy Plover, Smiths Blue Butterfly and Monterey Spineflower. The approval used a special procedural double play to wrap up the case both in an appellate court and at the Commission. At the start of the three-day session, the Monterey resort proponents -- formally, Security National Guaranty, Inc., or SNG -- were close to settling 13 years of litigation with the Coastal Commission. SNG had won a ruling in San Francisco Superior Court that the Coastal Commission appealed. Before going forward with appellate briefing, the parties agreed to seek resolution of the matter in a hearing of the Commission with the option to return to court. The matter was set to recur on the April 9, 10 and 11 agendas so the Commission and courts could act in correct order to sew up the settlement. The Commission heard environmental objections, centered on the plover habitat issue, from the U.S. Fish and Wildlife Service, California Parks & Recreation Department, environmental organizations and individual objectors, while local officials praised the project's design and potential economic benefits. Other issues included measures to reduce bluff erosion; provide stability for the structures, which would be built on a dune field; preserve views from Highway 1, and protect surrounding sand dunes. The U.S. Fish and Wildlife Service had called for SNG to prepare a habitat conservation plan and apply for an incidental take permit. The primary environmentalist objection was that instead the final plan called for created a "habitat protection plan" with fewer enforceable specifics. Having reached a settlement, the parties dismissed the court cases and returned Friday, April 11 for an approval decision. When it was time for the approval, the Monterey Herald said it took four minutes. Links: Monterey Herald on the start of the debate: http://bit.ly/1qu4jzR Monterey Weekly blow-by-blow on the marathon April 9 debate: http://bit.ly/1klDagR and on the outcome: http://bit.ly/1gXQu5A Monterey Herald looking toward the April 11 post-settlement approval: http://bit.ly/1hEpbgG Herald on the final approval: http://bit.ly/OZbodM Audubon Society "displeased" with the habitat provisions: http://bit.ly/1qW4F0E The Sierra Club likewise: http://bit.ly/1enOKb2 Appeal of Security National Guaranty v. CA Coastal Commission , settled April 10, as shown on the online docket at http://bit.ly/1kVsyUh Related San Francisco Superior Court dockets; many more recent papers are downloadable: http://bit.ly/1lYcVgb; http://bit.ly/1lYg5AC. ( Disclosure: the judge in the San Francisco Superior Court case, Harold Kahn, heard an unrelated matter in March in which Martha Bridegam participated as an attorney. ) Paradiso Del Mare approval disappoints Surfriders The Commission approved the Paradiso Del Mare proposal for two large private homes on Brooks Street in Santa Barbara County west of Goleta, sought by CPH Dos Pueblos Associates. The approved proposal provided for coastal trail and habitat restoration mitigations including $500,000 "for public access trail implementation" and $20,000 for a new "Seals Watch" volunteer group, but local environmental activists condemned them as insufficient or even harmful. The 454-page official record includes statements that 137 of 143 acres on the project site would be "preserved as permanent visual open space," of which 117 acres would be preserved as habitat, with "substantial public access and recreation easements on the property representing the first phase for implementation of the California Coastal Trail along the 20-mile Gaviota Coast." Local Surfrider Foundation chapter chair Mark Morey wrote indignantly to supporters that the 7-4 vote to approve the project "was a vote against you, the community, nature, and the Gaviota Coast." He wrote that surfers and the larger public would lose beach and trail access, a white-tailed kite nesting tree would be affected, and other private development projects would likely follow these first two. (Objections to the project in the prior record include arguments that although the project was approved to include only two residences only, it would create conditions that make nearby land easier to develop.) In an email exchange, Morey and fellow Santa Barbara Surfrider members wrote that the construction would block a trail that "has been used by the public across private land for around 50 years" and would replace it with an access easement that, to become a trail, would depend for its construction costs on county or other third-party funds. (Objections noted in the record said a trail on available easement routes would call for a stairway costing $750,000 or more.) Further, the Surfriders objected that the project would be built close to a seal rookery, and the expected easement route would likely run so close to the seals that it might have to be closed during the season when both seals and surfers traditionally used the area. The chapter's Bob Keats wrote that future occupants of the project would have access to the seals' area any time, "in contrast to the infrequent access to the beach by surfers, as the surf, although high in quality, does not occur very often." Keats questioned whether adequate notice had been given of amendments to the commission's settlement with the developer that, when they were discussed at the meeting, seemed to persuade some commission members toward approval. An account posted April 15 by the Santa Barbara Independent said some Commission members were startled to be presented with revisions to the settlement agreement during the meeting and that Commissioner Mary Shallenberger raised questions about notice. Surfrider and the Gaviota Coast Conservancy are plaintiffs in a pending court challenge to the EIR. On the case, Morey wrote, "every option is on the table." Keats wrote that the suit would now name the Coastal Commission as well, "and we will continue to pursue the litigation." Santa Barbara Independent reports: April 8: http://bit.ly/RgI7gF; April 15: http://bit.ly/1kXRMWx The local Noozhawk site on the court case: http://bit.ly/1kmfWa9 In other Coastal Commission news: The Commission unanimously disapproved the Beach Plaza Motel teardown and reconstruction on Ocean Blvd. in Long Beach. The Long Beach Press Telegram reported the Commission found the proposed swankier replacement would violate a Local Coastal Program provision "to "protect access to the coast for people of low and moderate incomes."" The plan had been opposed by UNITE HERE Local 11, environmentalists and neighbors. For the Press Telegram report see http://bit.ly/1khfQk8. The Long Beach Post has more at http://bit.ly/1m59CUD. Santa Monica received Coastal Commission approval, with conditions, to replace the deteriorated 84-year-old California Incline Bridge, Ocean Avenue to PCH, with bluff stabilization, better structural stability and improved sidewalks and bike lanes. The project is expected to close that heavily used link between the PCH and Ocean Avenue for 12 to 18 months. The Commission approved revised findings in a staff report in support of a disputed athletic fields renovation in Golden Gate Park in San Francisco. Some neighbors have opposed the use of artificial turf, bright lights for night games, and the resulting loss of informality at that end of the park. Others have endorsed the same choices. The City Fields Foundation, which supports the renovation, posted on Facebook at http://on.fb.me/1eo8Txv, "Though just an administrative action, this vote was critical if we are to start construction this spring." As reported in the San Francisco real estate blog Socketsite at http://bit.ly/1hDliOM, the Coalition to Protect Golden Gate Park is gathering signatures for a ballot measure against the renovation. To the Surfrider Foundation's joy, the Commission approved a proposal to truck in extra sand to replace erosion at Broad Beach in Malibu. Malibu Times: http://bit.ly/1kVNpGW; Surfrider Foundation: http://bit.ly/1m0NahW Items noted at the meeting as not requiring a coastal permit included an emergency dust control project at the Oceano Dunes State Vehicle Recreation Area.

  • CP&DR News Briefs July 5, 2016: California Transportation Plan; November Ballot Measures; Bay-Delta Plan Blocked; and More

    Caltrans released the California Transportation Plan 2040, a long-range integrated approach to transportation planning that is multimodal, sustainable and environmentally responsible. Caltrans describes the plan as taking a "whole system" approach toward the state's transportation system that integrates statewide long-range modal plans and programs with the latest technology and tools to articulate the State's broad vision for a single, seamless transportation system that complements regional transportation plans, sustainable communities strategies and land-use visions for greater mobility choices. The plan included input from governmental agencies, tribal governments, advocacy groups, public stakeholders, elected and appointed officials, and community-based organizations from around the state. The CTP includes recommendations and goals for meeting greenhouse gas reduction targets and how to make transportation in California more sustainable and integrated. More information is available at www.californiatransportationplan2040.org . November Ballot to Include Major Measures Related to Land Use The November statewide ballot, to be finalized this week, will likely include several measures related to land use. California lawmakers proposed a $3.12 billio n bond for the November ballot that would pay for parks, water and climate change actions; 20 percent of the bond must assist disadvantaged communities. Tens of millions of dollars are for specific programs in San Diego, Ventura County, Central Valley and the High Desert/Coachella area. The improvements in state and local parks would improve public safety, health and air quality through added green space. The state parks have maintenance backlog of over $1 billion. The measure was approved in the Assembly, 55-14, and must now go to the senate for a vote. Another measure slated for the ballot is a “No Blank Checks Initiative” which would require a public vote for any state project that spends more than $2 billion in revenue bonds. This initiative could apply to many infrastructure projects, including high speed rail and a plan to construct water tunnels in the Sacramento Bay-Delta. Finally, a measure to legalize recreational marijuana is sure to raise local zoning questions about dispensaries and commercial growing facilities. (See prior CP&DR coverage .) Judge Blocks Bay-Delta Management Plan Sacramento Superior Court Judge Michael P. Kenny ruled the current management plan for the Sacramento Bay-Delta must be “set aside” because the comprehensive management plan for the estuary is no longer valid. This means a serious delay in Gov. Jerry Brown’s plan to build the two water tunnels through the Sacramento-San Joaquin Delta. This means for the tunnels to get built, state officials have to prove the project complies with the Delta Plan for managing land use and water exports in the estuary. The Delta Plan balances the “co-equal goals” of protecting the environment in the Delta and providing stable freshwater for the Southern half of the state. Kenny said the plan fails on many of the environmental issues and failed to provide quantifiable targets for achieving reduced Delta reliance. Airbnb Files Suit Against San Francisco Airbnb is suing its hometown, San Francisco, for its decision to fine the company $1,000 a day for unregistered hosts. The fine is intended to compel hosts to register, and may transient occupancy taxes, in accordance with city regulations adopted in early 2015. San Francisco affordable housing advocates have pushed Airbnb to cap its short-term rentals and required hosts to register with the city. However, reports indicate that only 20 percent of the 7,000 hosts registered and Airbnb has not assisted the city. Airbnb is combating the suit by claiming that the city’s regulation violates the Communications Decency Act, a federal law that shields websites from the actions of contributors. Airbnb claims that it is not responsible for content posted by unregistered hosts. Lands Commission to Address Diablo Canyon Closure The State Lands Commission is considering whether to waive an environmental impact report for the closure of Diablo Canyon nuclear power plant in order to speed up its planned decommissioning. The Diablo Canyon twin-reactor facility could forego environmental review and close the site by 2025, nine years before the contract is up. The plant, managed by PG&E, is 31-years old and would close 20 years ahead of planned termination. The twin reactors are located in San Luis Obispo County and built near seismic faults that have triggered an environmental movement to shut down the facility. PG&E says the reactors could withstand a strong earthquake, but the electricity is no longer required from this plant. Anaheim Bans Short Term Rentals Anaheim, home of Disneyland and other tourist attractions, has become the largest city in California to ban short-term rentals outright. The Anaheim City Council for the ban during a five-hour special session. Hosts of the 363 permitted STR have 18 months to stop renting. Residents of the city said the vacationers were ruining their quality of life by staying in “mini-hotels” with all-night parties, littering streets and taking up parking spots. STR owners say they invested into turning eyesore properties into beautiful homes. “The sharing economy is exciting and something that gives people a chance to earn extra income but this is not really the sharing economy,” Mayor Tom Tait told the Orange County Register. “These are motels in residential neighborhoods.” Costa Mesa Approves Plan Update Amid ongoing controversy about housing in Costa Mesa, the Costa Mesa City Council voted, 3-1, to approve updates to the general plan through 2035. Included in the plan is a program to incentivize motel owners along Harbor and Newport boulevards to demolish their establishments to build high-density apartments. However, affordable-housing advocates say these motels are last-resort housing for many families and individuals. The city said these new units would be 40 units per acres, and 20 percent required affordable for lower-income households. There may be a lawsuit, as these types of incentives may violate state law because it does not set aside low-income units. Updates & Quick Hits LA Metro released its draft EIR for the Airport Metro Connector 96th Street Transit Station, which will serve trains on the Crenshaw/LAX line, Green Line, buses, cyclists, pedestrians and the Automated People Mover that brings people to the LAX terminals. The Monterey City Council approved a citywide bike share program. The city also approved its Climate Action Plan, after receiving a $250,000 grant from the Coastal Commission and the Ocean Protection Council to update its plan. Richmond has adopted one of the state’s most liberal marijuana regulations. It will allow an unlimited number of permits for commercial cannabis growing operations as well a business permits to produce edibles like cookies, brownies and tinctures. Mayor Tom Butt estimates it will generate $1 million each year. California senators have approved , 35-1, a $2 billion bond to assist counties in offering permanent housing for mentally ill homeless people. The money would come from an existing fund for mental health care financed by a tax on millionaires that was approved in 2004. A Stanford University study found that California has three times more groundwater than was earlier estimated. However, this water is located in deeper aquifers,1,000 to 3,000 feet underground, which would require much more money and engineering expertise to access as drinking water. The water quality is unsure, and may require desalination. The OCTA board  voted unanimously to cancel the 3.2-mile, $300 million Anaheim Streetcar project. The Transportation Authority will now conduct a study of the Harbor Boulevard corridor and come up with less expensive transit solutions for the corridor.  The California Supreme Court blocked a lower court ruling that said certain tax increases only need a simple majority instead of two-thirds of voters as required by Proposition 13. Having the court review a case will take months, or even years, before a final ruling is made. The ruling will not affect measures on the November ballot. Supporters of a ballot initiative to approve a new football stadium in San Diego had hoped for the 50 percent threshold. Ocean Avenue South, a mixed-use, mixed income development in Santa Monica, is one of 26 global finalists for the 2016 Urban Land Institute Global Awards for Excellence. Half of the projects 160 units are affordable housing and was funded by the city’s former redevelopment agency. L.A. Metro is recommending a combined development team of Trammell Crow Company and Greenland USA to begin negotiations for development of the 15.6 acre Red/Orange Line station in North Hollywood. The project would be one of Los Angeles’ largest transit oriented developments.

  • CP&DR News Briefs September 19, 2016: Santa Cruz Plan, Humboldt ADA Compliance, Development in Mission, and More

    The San Francisco Board of Supervisors unanimously approved  the largest residential complex in the history of Mission District, 3.5 years after the project was proposed. The development includes 191 market-rate apartments and 100-136 affordable units; the latter will be constructed by the city by land donated by the developer. Residents of this neighborhood, which has become a flashpoint in the city’s gentrification debates, are worried about displacement; in a predominantly working-class Latino community a huge spike in luxury condominiums and new restaurants have replaced the rent-controlled apartments and laundromats. Those opposed to the project say it has a flawed environmental impact report, and that impacts of increased traffic and congestion were not evaluated. Supervisors responded that CEQA was not the appropriate avenue to address displacement concerns and that the city would construct the new affordable units with the $30 million it has set aside. Activists have already indicated that they will sue  to block the project. Chargers Propose Community Land Trust for Barrio Logan Amid debates over a possible new stadium, the San Diego Chargers  have told the San Diego Building and Construction Trades Council that they will help keep land values low and fight gentrification near their new home if the bid for the $1.8 billion convention stadium is won. The team would establish a land trust for Barrio Logan, Sherman Heights, Logan Heights and other neighborhoods that would see high levels of displacement. The trust would be run by a nonprofit group and community members would drive the selection process, however the team would supply the trust with funds that range “in the millions.” A labor agreement between the Chargers and the construction union would require unions to guarantee not to strike and require contractors to hire workers through the union halls. Santa Cruz Zoning Would Create ‘Nodes’ of Density The City of Santa Cruz has released  the first draft of its proposed zoning update its for four main corridors. This new rule-book will help control through these major byways. Developers that meet certain criteria at numerous “nodes” along the corridors may build higher density developments. The new code is part of the city’s vision to increase community walkability. This can include removing on-street parking for right-of-way improvements and bicycle access. The corridor committee also recommends incentives for new affordable housing, “community benefit” exceptions and craft design standards. Opposition has come from residents on the east side of the city who feel the plan encourages is undue density and development on their side of town. The Planning Commission will now begin hosting three public hearing meetings to gather input from the community on the draft zoning code before going to City Council for approval. Humboldt County Agrees to Implement ADA Compliance Measures Humboldt County has three and a half years to correct  violations of the Americans with Disabilities Act according to a new agreement with the U.S. Department of Justice. A similar pact was made in 2008, but the county failed to make all the necessary improvements. The county has started prioritizing and cataloguing disability access projects, but must now find the funding and implement the ruling’s requirements. This Department of Justice program, Project Civic Access, had similar agreements with 220 local agencies across the country; Humboldt County was one of the few that did not comply. The county blames the Great Recession for its inability to fund the ADA upgrades and projects; since the economy has improved, these have become priority. The county has created a new ADA coordinator position and is reviewing potential candidates. The county also has allocated $1.2 million in discretionary funds for ADA compliance. Maps Charts Neighborhood Change in Los Angeles The joint UCLA and UC Berkeley Urban Displacement project recently released  a gentrification map of Los Angeles. Researchers looked at the city from 1990 to 2000, and up to 2015 focusing on neighborhoods near transit stops. These areas saw greater rent increases and more displacement than other areas around the city. The most intense developments have occurred in Chinatown, Highland Park, East L.A., and along the Hollywood red line. Urban planners have been pushing for more transit-oriented development, which includes a half-mile area around a Metro or light rail stop. Professor Anastasia Loukaitou-Sideris from UCLA told KPCC that TOD and denser development do not have to be stopped, but more policies need to be put in place to protect affordable housing. Caltrans to Liquidate Properties Surrounding Would-Be 710 Extension Caltrans will begin selling  42 properties, including 39 single-family and 3 multi-family, along the path of the north 710 Freeway extension in El Sereno. Caltrans is considering a variety of projects in the area: dedicated busway, light-rail line, traffic management systems or a 6.3-mile freeway tunnel. These first homes lie outside the scope of all these potential projects. Caltrans has a formula to set the starting price for the property but many worry that this may lead to unaffordable prices for current tenants. Of the properties, 3 are in Pasadena, 6 in Los Angeles, and 33 in South Pasadena. The Santa Barbara Planning Commission Considers Major Coastal Plan At a recent Santa Barbara County Planning Commission meeting, comissioners heard  about the Gaviota Coast Plan, which will set regulations for the more than 100,000 acres of oceanfront property. The plan includes issues such as public trails across private property, streamlined permitting for fire stands and small campgrounds, balance of ranching and farming with protection of endangered species, and whether to allow fracking. The Environmental Defense Center said the plan should include better protection of endangered species habitat in mountainous areas, which makes up roughly 25,000 acres or a quarter of the plan’s scope. Monterey Adopts Specific Plan, Parks & Recreation Plan The Monterey City Council adopted  the Lighthouse Specific Plan and the Parks and Recreation Master Plan. For the Lighthouse plan, referring to a corridor along Lighthouse Avenue, major pieces were parking and traffic and building heights. Most buildings will not be higher than 35 feet. Over 1,000 community comments were heard for the new Parks and Recreation Master Plan, which guides the design needs for the next 20 years. The city plans to construct a teen center, more art and history in the parks, dog parks, and potentially a pickleball field. Monterey Council members also approved a response letter to the county’s 2016-17 civil jury report showing low-income housing is rarely available for homeless women. QUICK HITS & UPDATES The U.S. Interior Department officials signed  the Desert Renewable Energy Conservation Plan, designed to balance conservation of California’s desert landscapes with the growth in clean energy. The plan puts 9.2 million acres of federal land in California deserts off limits to solar, wind and geothermal development and allows approximately 800,000 acres to be used for renewable projects. 400,000 acres of Development Focus Areas will have a streamlined permitting process. U.S. DOT announced a $1.04 billion federal grant to SANDAG to extend the existing Blue Line Trolley service from downtown San Diego to the growing University City area. The 10.92-mile light rail extension is estimated to serve around 24,600 transit trips every weekday and begin service in 2021.  According to a new survey  by Los Angeles Metro, the Expo Line has seen a ridership surge of 20,000 new rides per weekday since the opening of Phase 2 to Santa Monica. The first two months of service have hit 70 percent of the rider projection made for 2030. Seventy percent of were new to the system; half used to drive alone and 23 percent switched from using the bus. Measure A, the proposed half-cent sales tax in San Diego County, is being challenged  by a group of labor, health and transportation organizations for claiming the ordinance would improve water quality by treating runoff and that it will reduce mass transit fares for seniors, students, disabled people and veterans. The Registrar of Voters, Michael Vu, will make a decision to amend or delete the disputed statements. San Diego is expecting  to reap nearly $49.2 million from developer impact fees over the next five years from the many construction projects occurring downtown. This money will cover the developer’s projects impacts on parks, transportation and fire station needs. The city has a nearly $1.6 billion wish list for projects it would like to complete in the upcoming years.  Yosemite National Park is adding  400 acres of meadows and forests to its western boundary for the biggest expansion in seven decades. The Trust for Public Land purchased $2.3 million Ackerson Meadow from private owners and donated it to the National Park Service. The meadows are home to the endangered southwestern willow flycatcher and a geographically isolated group of 200 great gray owls. The South Coast Air Quality Management District announced  that it will appeal a recent decision in favor of the planned World Logistics Center in Moreno Valley. The 40.6-million-square-foot warehouse has faced nine lawsuits for not adequately addressing air pollution, traffic and other environmental consequences required by CEQA. The Alameda City Council has proposed  permitting 1,843 housing units through 2023 in order to put the city in compliance with state housing needs assessment.

  • CP&DR News Briefs October 10, 2016: Santa Ana Wins APA Award; Sacramento Arena Opens; Anaheim Redevelopment; and More

    The American Planning Association announced its 2016 Great Places in America, including one honoree in California: downtown Santa Ana . These communities all include planning that has lead to stronger, healthier and more just communities. The organization announced five Great Neighborhoods, five Great Streets and five Great Public Spaces. Downtown Santa Ana received recognition as a Great Neighborhood. The award refers to the neighborhood bounded by Civic Center Drive Flower Street, First Street, and on the east by the Southern Pacific Railroad. The award cites downtown’s “organic” evolution over 147 years and its mix of uses and architectural styles and its embrace of Orange County’s creative community. It praises planning efforts such as a complete streets plan and notes that Santa Ana has the largest form-based code in the country. Sacramento Arena Opens with Hopes of Spurring Downtown Vibrancy The Golden 1 Center, the new $557 million Sacramento Kings arena, officially opened  this month after years of planning, negotiating, and efforts to keep the Kings in Sacramento. Located in the heart of downtown Sacramento at Fifth and L Street, the building was designed for a relatively small space, but needed to push Sacramento’s downtown into a new era architecturally and economically. The arena’s design draws from the Sierra Nevada mountains and Yosemite’s Half Dome for inspiration. The city gave $255 million in construction subsidies in the belief that the stadium would draw people to the city center to help rejuvenate Sacramento. The Downtown Plaza shopping mall, which had been in decline for years, formerly occupied the site. It, in turn, had come about through a 1960s urban renewal program that demolished an entire neighborhood. Anaheim Approves Redevelopment Initiatives The Anaheim City Council approved  a series of actions for commercial and residential developments along Beach Boulevard intended to rejuvenate the west side of the city. The council unanimously approved a $16.1 million sale of 25-acres to LA-based Zelman Development Company for a proposed “Main Street-style” outdoor shopping center. Additionally a 3.6-acre property was purchased for $13 million by the city’s Housing Authority to push out motels and encourage mixed-use development and affordable housing. These motels are hotspots for illicit activity and provide makeshift month-to-month housing for poor and homeless families. City officials are completing a draft of a Beach Boulevard Specific Plan, which has plans to revitalize the corridor and provide incentives such as fee waivers, flexible development standards and commercial rehabilitation loans. L.A. County Light Rail Extension Takes Eastward Step The Foothill Gold Line Construction Authority board of directors approved  engineering plans for the 12.3-mile Gold Line extension from Glendora to Montclair. The 700-page document, which took two years to draft and cost $15 million, describes the alignment of the two new light-rail tracks, location and design of six future stations and parking facilities, 24 grade-separation bridges and 24 street crossings. A trip from Montclair to downtown Pasadena will take about 40 minutes, to Los Angeles approximately 75 minutes. The train will directly serve six cities: Glendora, San Dimas, La Verne, Pomona, Claremont and Montclair. These cities, along with LA Metro, now have 60 days to submit comments on the preliminary plans. Funding for the $1.2 billion project depends on voters approving Measure M, a half-cent sales tax increase on the Los Angeles County ballot. The line would be the first Los Angeles-Area light rail line to cross county borders, with the final station being in San Bernardino County. With Vote Looming, Interest Groups Weigh in on San Diego Stadium A new study  from the University of San Diego and the San Diego County Building and Construction Trades Council found that the Chargers’ proposed stadium and convention center annex would bring an economic boost and other benefits to San Diego and its residents. The team-funded study finds that the project would create 15,000 construction jobs and 6,400 permanent jobs. The three areas the project will have economic impacts are the construction, the Chargers’ operation, and additional conventions and meetings in the “convadium”. Meanwhile, San Diego Mayor Kevin Faulconer has endorsed  the Chargers stadium ballot measure after reaching an agreement with the team on various financial safeguards and other concessions. Even if the measure fails in November, the relationship between the city and the Chargers will allow for a new stadium solution to be found. Finally, San Diego Chargers owner Dean Spanos announced  that he will not consider a new Mission Valley stadium if voters reject the team’s ballot measure for a combined downtown stadium and convention center annex. Spanos said it would not make financial sense to build a standalone stadium that would host eight to ten events per year and need construction subsidies from the city’s general fund. Quick Hits & Updates The National Trust for Historic Preservation released a report of the 11 most endangered historic places  in the U.S., San Francisco Embarcadero made the list. The two major threats to this historic area are earthquakes and sea level rise. The Port of San Francisco is anticipating a rise in sea level of up to 66 inches by 2100 and major disruption to the $11 billion a year tourism industry in the city. The Anaheim City Council voted to postpone  a vote on the proposed $450 million development at Platinum Triangle, across from the Angel Stadium. The project has support from city leaders and nearby businesses, but the development would harm the team’s ability to build its own developments around the stadium.  The San Francisco Planning Commission voted unanimously to displace  the city’s only commercial farm and allow Golden Bridges School to build on the site. The private school owns the 30,700-square foot parcel but supporters of the farm say Little City Gardens provides herbs to acupuncturists, vegetables for Michelin-starred restaurants, and a peaceful sanctuary for many volunteers. The Long Beach City Council announced  the results of a feasibility study to analyze the potential impacts of adding an international terminal and federal customs facility to accommodate international flights at Long Beach Airport. The conclusion was the move would not violate the noise ordinance established, would generate 350 jobs, and cost between $13.1-$16.4 billion to build. President Obama signed  a new law that gives the Veterans Administration authority to negotiate and sign leases on the nearly 400-acre property in Westwood. The VA’s master plan for the campus calls for 1,200 units of permanent supportive housing for homeless vets. The Escondido Creek Conservancy has been purchasing  land to eventually create a greenbelt and improve creek conditions to support steelhead trout. In the past 25 years, the organization has preserved 1,800 acres. The final two parcels, totaling nearly 1000 acres, will cost nearly $11 million. After reaching purchase agreements with willing sellers, the organization raises funds through community groups, private donors and government grants. The Brisbane City Council decided to postpone  a vote on adding housing to a proposal to develop a 684-acre site know as Baylands. Brisbane residents would like to develop the land as a “community alternative” plan with commercial and industrial space, but not housing. The City of Santa Cruz has announced plans to establish  a bike sharing program. The city is planning on bringing in a third-party operator to manage the rental program. Santa Cruz’ General Plan and Climate Action Plan goals include “multimodal mobility” as well as increasing commute trips by bicycle from 9.7 to 12 percent by 2020.

  • CP&DR News Briefs August 29, 2016: Billions for Transportation; Santa Clara vs. San Jose; Carbon Credit Disappointment; and More

    Sen. Jim Beall (D-San Jose) and Assembly Member Jim Frazier (D-Oakley) have introduced two bills that would dedicate $7.4 billion annually for transportation projects. Approximately $2.5 billion will go to local streets and roads and another significant portion to freight, transit, active transportation, maintenance and rehabilitation of state highways and local roads. The plan would also stabilize the variable gas tax to help generate more revenues by adding a 17-cent per gallon increase. The bills also require local reporting and cities and counties to maintain existing general fund levels for transportation projects. Other parts of the plan include moving “complete streets” design to highways, creating an Office of Transportation Inspector General, and creating an advanced mitigation program for transportation projects. The two bills have been introduced in a special session, which allows negotiations to continue past the regular session’s deadlines. San Jose Sues Santa Clara over Mixed-Use Project The City of San Jose is suing the City of Santa Clara for approving the 240-acre mixed-use City Place project, which that allegedly have a negative impact on San Jose. City Place, also called Related Project, is located across from the Levi’s Stadium and will include retail, entertainment, office space, hotels and residential units. San Jose claims the EIR that was approved by Santa Clara City Council in June failed to adequately address impacts on traffic and housing. According to a letter San Jose sent to Santa Clara in November, the project does not include enough housing within City Place to support the jobs the project will generate. Additionally the City of San Jose commented on the lack of analysis on greenhouse gas emissions, air quality and public services. Cap-and-Trade Auction Again Yields Disappointing Results Revenue generated from the cap-and-trade program last month is estimated to be around $390 million, even weaker than the previous round in May. Around 30.8 million credits were sold out of the nearly 96 million available. The market did have a higher demand for permits than three months ago, which is a measure of success. Gov. Jerry Brown’s high-speed rail will get around $8.4 million this round, but the program needs significantly more. Cap and Trade funds also contribute to planning-related programs such as the Affordable Housing and Sustainable Communities grants. The Cap and Trade program is still facing a pending lawsuit as to the legality of this potentially unconstitutional tax. And the recent auction was conducted before the legislature approved an extension of the program, thus calling into the question the long-term value of carbon credits.  Planning Reform and Moratorium Initiative Qualifies for Los Angeles Ballot Los Angeles activists have submitted 104,000 signatures to place the anti-development Neighborhood Integrity Initiative on the March 2017 ballot. The measure includes fast-tracking a new general plan, rules that developers cannot meet with city officials and a two-year moratorium on most major development projects. The major group in opposition, Coalition to Protect LA Neighborhoods and Jobs has raised $722,335, half of the money came from CH Palladium. Coalition to Preserve LA, the backers of the initiative, have received $1 million from the AIDS Healthcare Foundation, as well as Leonardo DiCaprio, Kirsten Dunst, Lowe Enterprises, Planning Architecture Engineering Alliance, Westfield and Eli Broad, among others. Ride-Hailing Services Collaborate with Public Transit in Dublin In a unique collaboration between the public sector and ride-hailing services, Lyft and Uber riders in Dublin will get subsidized fares for not riding the bus. The Livermore Amador Valley Transit Authority has launched a $200,000, one-year pilot project to help pave the way for changes in how public transit serves suburban areas. Fares would be limited to $3 per trip within West Dublin and $5 within East Dublin. Managers of the bus service say offering these rideshare subsidizes will cost less than operating a bus for a few passengers. The pilot program was funded evenly by the Wheels funds and a grant from the Alameda County Transportation Commission. First Public Street Opens in Sacramento Rail Yards The City of Sacramento has opened the new Fifth Street bridge making it possible to drive from downtown into the heart of the old rail yards, which has been the subject of a long-term redevelopment. The property will house a Kaiser Permanente medical facility, major-league soccer stadium, new Superior Court building and up to 10,000 housing units. The city has been pushing for redevelopment of the railyard for 25 years, including ownership changes, toxic cleanup fights, recession doldrums and changing markets. Kelley’s Downtown Railyard Venture LLC bought the yard a year ago, and says the first apartment buildings will be available in 2018. Anaheim Paves Way for Development Near Angel Stadium The City of Anaheim Planning Commission voted , 4-0, to develop a 15-acre site across from the Los Angeles Angels’ parking lot for shops, restaurants, offices, residences and a hotel. The Angels are opposed to the project because, according to Angels’ attorney Allan Abshez “would cannibalize the Angels’ existing food, beverage and retail operations at Angels’ Stadium.” The plans include a 30-story residential tower with views of the stadium as well as an outdoor entertainment center. The Angels have plans to develop a “sports-entertainment-hotel” to help generate profits for the stadium renovations. The Angels, lead developer of the 15-acre site and the city will now try to reach a plan that is beneficial for all. The Anaheim City Council must still vote on the project within the next two months. Soda Mountain Solar Plant Proposal Rejected San Bernardino County Board of Supervisors rejected , 3-2, a solar plant proposed for the Mojave Desert’s Soda Mountains. The supervisors were concerned with the project destroying habitat and blocking ancient trails used by bighorn sheep. The Mojave Desert has hundreds of miles of land that has already been disturbed and can be used for such projects, Soda Mountains was not one of them. Soda Mountain Solar would bring hundreds of well-paying local union jobs, economic benefits to the county and local economy, and the production of clean solar energy. Quick Hits & Updates Executive Director Chris McKenzie of League of California Cities has announced his retirement after 17 years in the position. The board is conducting a nationwide recruitment for his successor. McKenzie will remain director until the Oct. 5-7 annual conference in Long Beach.  Long Beach was one of the six cities nationwide selected from a group of 18 to be part of a tactical urbanism workshop series. The cities receive funding from the John S. and James L. Knight Foundation to “advance street safety and placemaking projects such as pedestrian plazas, bike lanes, shared streets, and more.” West Hollywood will be the fourth L.A.-area city to welcome bike-sharing. The WeHo Pedals bike pilot program begins August 30th at four stations. When WeHo Pedals is fully launched there will be 20 stations and 150 bikes. The Center for Biological Diversity, Sierra Club and the San Bernardino Valley Audubon Society are planning to sue  the Regional Tertiary Treatment and Water Reclamation Authority as well as the cities of San Bernardino and Colton over the alleged repeated stranding and killing of the threatened Santa Ana sucker fish. The Water Treatment plant shuts down its outflows to conduct maintenance, which leaves the fish with 75 percent less water in their critical habitat. San Francisco City Controller released a draft report on affordable housing percentages in the city. The report finds that 18 percent affordable units for renting apartments was the ideal number and 20 percent for condominiums. This study was a feasibility study for Proposition C, the June ballot initiative that tried to raise the affordability requirements from 12 to 25 percent. The California Coastal Commission halted the demolition of three decorative waterfalls at Trump National Golf Club in Rancho Palos Verdes last April. The club has since sent four revisions to restore habitat of the protected California gnatcatchers; the most recent draft has been accepted.

  • CP&DR News Briefs September 5, 2016: Gnatcatcher Maintains Endangered Status; 1.8 Million Acres Added to Amphibian Habitat; Oakland Links Housing and Public Health; and More

    The U.S. Fish and Wildlife Service found through genetic tests that the rare coastal California gnatcatcher qualifies a valid subspecies of gnatcatcher, therefore is entitled to continued protection under the Endangered Species Act. The finding reinforces protections to the bird’s critical habitat, which had been in dispute based on claims — based on findings in a 2013 article by biologists at the University of Minnesota and the Natural History Museum -- that the bird was not a separate subspecies and, therefore, had population robust enough to warrant protection. The species’ federally designated critical habitat covers 197,000 acres in six Southern California counties. The species was first listed in 1993 and has been the subject of ongoing disputes, including a 2014 lawsuit filed by the Pacific Legal Foundation on behalf of several construction and development groups, which precipitated the recent round of genetic testing. The suit claimed that the gnatcatchers is a single species that ranges from Southern California to the southern tip of Baja California. There are an estimated 2,900 coastal California gnatcatchers left in the U.S. Federal analysis indicate the that listing will cost up to $915 million by 2030 in costs incurred by development restrictions.  1.8 Million Acres of Amphibian Habitat Get Critical Designation The U.S. Fish and Wildlife Service designated 1.8 million acres of public land in the Sierra Nevada mountains as critical habitat for three threatened amphibians: the Yosemite toad, Sierra Nevada yellow-legged frog, and the mountain yellow-legged frog. This decision will impact 16 counties from Lassen in the north to Fresno in the south as all grazing, logging and hydroelectric dam operations must take these amphibians into account. While this designation will not interfere with most extant land uses, it may precipitate changes in the issuance of grazing permits or hydroelectric licenses. Echo Lake in El Dorado County, along with 60 other Sierra Nevada lakes used for recreation, was excluded from the listing. Alameda County Survey Connects Housing Costs, Public Health The Alameda County Public Health Department released results of a survey indicating that the affordable housing crisis was causing a healthcare crisis in the East Bay, primarily Oakland. The survey, conducted by Alameda County and PolicyLink Center for Infrastructure Equity on thousands of low-income, senior and disabled people, showed that many are over-paying and in living in overcrowded, unsafe housing units. These conditions correlate with rising numbers of hospitalizations for hypertension, mental health emergencies, asthma attacks, and numerous other illnesses. Oakland’s working class, primarily Black and Latino, are being pushed into substandard housing. "While the causes and solutions to address the housing crisis are complex, inaction is a prescription for shorter, sicker lives for many of our Alameda County Residents,” wrote Dr. Muntu Davis in a policy brief. Management Plan for San Gabriel Natl. Monument Drafted The U.S. Forest Service released a 195-page draft management plan for the San Gabriel Mountains National Monument, which outlines changes in transportation/access, wilderness zones/protected species, mining, and recreation. The 346,177-acre monument was designated by President Obama in 2014 which means it requires a plan to manage the park that sees 4 million visitors per year. The plan lists many existing conditions of the park, but does not address solutions. Many of the issues that were addressed in the public hearing or the 1,545 comments received were labeled as “desired conditions” and not goals or targets to accomplish. Many in the environmental community praised the effort and said the document tackled many aspects, but lacked a clear plan for implementation. UCLA, Berkeley Launch Online Tool to Map, Understand Displacement UCLA and UC Berkeley announced the launch of a joint program called the Urban Displacement Project which addresses issues such as gentrification and displacement in urban communities. The project includes an interactive mapping tool to “help community leaders better understand the effects of new light-rail and subway projects and related developments- especially on low-income communities.” The tool will be a resource in helping to identify pressures and come up with solutions for gentrification. While many communities are improving transit-oriented development, this type of “upscaling” frequently leads to pricing out lower-income households. While the joint-program is not to ensure neighborhood change does not occur, only that the process is fair and just. The tool allows users to examine neighborhood-level data on racial/ethnic composition, which areas have seen upscaling, gentrification, population density, percentage of people living in poverty, median household income and level of education. Deal Reached on Cap-and-Trade Funds Gov. Jerry Brown and Democratic legislative leaders announced how they will spend the $900 million in revenue from the cap-and-trade program. The legislature approved, 47-26, measures to extend the clean air targets that allow all the climate change policies. The new pot of money will direct hundreds of millions to help disadvantaged communities, curb dangerous super pollutants, and cut petroleum use. For instance, a rebate program to help lower-income Californians buy cleaner cars will receive $80 million as will projects that build green space in urban areas. Additionally $140 million will be available for grants for communities with high rates of pollution. Los Angeles Grandfathers in Hundreds of Accessory Dwelling Units The Los Angeles City Council voted to approve hundreds of “granny flats” or accessory dwelling units (ADUs) that had been in legal limbo for months. These flats were already approved or in the pipeline, but a lawsuit over a discrepancy between the city’s ADU policy and state law threatened the city’s existing ADUs. The grandfathering plan would allow owners that had submitted their plans to the city before the lawsuit to continue. This includes more than 200 units that had gotten building permits but were unable to move forward and get city certificates that allow them to be legally occupied. The City Council has directed city planners to develop stricter rules than the state standards, which would take into account the different neighborhoods. This new fix would allow thousands of new units to be built and ease the city's housing crisis. Part of the discussion centers on the maximum size to allow the granny flats to be constructed. Quick Hits & Updates The Fresno City Council approved a 20-year lease with Outfront Media to place five digital billboards on four city-owned properties along the Fresno freeway. As part of the agreement, Outfront Media will remove the 47 nondigital billboards it owns across town. In San Diego the Citizens’ Plan to finance the new Chargers’ stadium may go to voters in November, but under dispute  is what would constitute voter approval. While those in favor of the plan say a simple majority is required, the City Attorney Jan Goldsmith’s office says the plan constitutes a tax increase and therefore requires a two-thirds of vote. (See prior CP&DR coverage .)  The San Francisco Planning Department along with SFMTA have launched a new website to allow users to design the city’s future subway over the next 50 years. The goal is to understand priorities for the residents of San Francisco. The Subway Vision is one piece of a new effort to create long-range plans for transportation called Connect SF. Orange County judge Theodore R. Howard ruled that the California Coastal Commission cannot prevent the repair and maintenance of a sea wall that protects mobile homes in San Clemente. The Coastal Commission says the rules are in place to protect future shorelines and the image of beaches. Los Angeles Superior Court Judge James Chalfant ruled  that the City of Hermosa Beach may continue enforcing its short-term rental ban.  Construction  has begun on the East Bay’s first bus rapid transit line, which will run 9.5 miles from downtown Oakland to San Leandro. BRT will include 12 curbside stations and 21 center median stations, which will allow them to run every seven minutes during peak hours.  The California Fish and Game Commission voted unanimously to add the the Northern Spotted Owl to the state’s endangered list. Its numbers have been dropping at a rate of 3.8 percent annually. In California, the owl’s habitat is along the coast in the northern part of the state, including the Mendocino Coast, Humboldt, Shasta, Klamath regions and Coastal Redwoods. California Coastal Commission staff have  recommended the proposed Newport Banning Ranch project shrinks significantly to protect wildlife habitat. The 900-home development would be located on an old Orange County oil field near the mouth of the Santa Ana River. The development shrunk to 55 acres after environmental assessment from staff scientists found important habitat for rare plants and animals last fall; the latest recommendation is to cut that down to 20 acres. A new report released from Trip, a nonprofit transportation research group, found that California’s inadequate transportation system costs motorists around $53.6 billion annually in the form of congestion-related delays, crashes and extra costs of operating a vehicle.

  • CP&DR News Briefs October 3, 2016: LAO Report on Prop 13; L.A. Opposition to High-Speed Rail Route; Housing Crisis to Impede Economy; and More

    The Legislative Analysts Office has released a report  on the impacts of Proposition 13. The property tax raised $55 billion in 2014-2015 making it the second largest source of government revenue behind personal income tax. With the passage of Proposition 13 in 1978, the property tax was capped at 1 percent annually (whereas before it was an average of 2.67 percent). The report seeks to answer a range of questions about Prop. 13, many of which are based on assumptions and received wisdom about the perceived fairness of the law. The LAO came to the following conclusions, among others: 1) Owners of properties that are similar but purchased at different times often pay vastly different amounts of property tax; 2) For homeowners at all income levels, tax relief from Prop.13 generally is proportionate to the market value of their homes; 3) Property turnover has slowed since voters approved Proposition 13; 4) Homeowners pay a slightly larger share of property taxes today than they did when Prop.13 passed; 5) There is little evidence that Prop. 13 significantly discourages creation of new businesses; 6) Local governments increasingly rely on other local taxes to make up for the revenue loses that resulted from Prop.13 and cities’ and counties’ tax revenue per person has declined since Prop.13; and 7) Proposition 13 created fiscal incentives for many communities to focus more on building retail stores, auto dealers, and hotels while focusing less on housing. Los Angeles May Put Up Roadblock to High Speed Rail Stakeholders in the northern portion of the City of Los Angeles are mounting increasingly intense opposition  against at least one of the preferred alternatives for the proposed bullet train route along the topographically problematic segment from Palmdale to Burbank. L.A. Councilmember Paul Krekorian has filed a motion to oppose the route and instead to continue to fund the L.A. River revitalization efforts to protect the environment and residential communities in the Valley. Residents from Lake View Terrace to Shadow Hills say the foothill route would destroy the environment, kill horse-related businesses and put an end to an equestrian way of life. The California High Speed Rail Authority has already agreed to take certain routes out of the discussion: such as the one that would cut the Northeast Valley in half. The L.A. Unified School District is also considering opposition to the aboveground route. Housing Shortage May Yet Impede Economic Growth, Reports Say A pair of reports  from UC Riverside’s Economic Forecast  and UCLA’s Anderson Forecast both contend that California’s housing crisis may have long-term impacts on the state’s economy. The reports find that the state cannot continue to grow as it has in the past without growing the workforce; but California does not have the homes needed to accommodate these new workers. One reason for this slump is the state’s full employment, meaning nearly everyone that wants a job has one. The UC Riverside report equates economic growth with population growth. It notes that the shortage of housing all but ensures that the state’s population cannot grow significantly, in part because housing coasts are too high to attract migrants from other states. Without more people to recruit into the job market, residential construction has been down 2 percent for houses and 11 percent for multifamily permits from last year. A major reason for the lack in migration is the high cost of living in the state. SGC Recommends Climate Funds for Los Angeles, Fresno The Strategic Growth Council has recommended  (pdf) that Transformative Climate Community Program funds, established by recently passed Assembly Bill 2722, be allocated in the cities of Los Angeles and Fresno, and a third location to be determined. Funds amount to up to $140 million, funded by the state’s greenhouse gas auction. A minimum of half of the funds shall be allocated in the City of Fresno. A minimum of one fourth of the funds shall be allocated in the City of Los Angeles. The third geographic location to receive priority will be determined in a separate, future, rulemaking. All program grants will be awarded pursuant to a competitive process. The Council will determine selection criteria for that process in a separate, future, rulemaking. SGC has identified the three initial locations because, it contends, the State must focus its initial investments on the communities that are most impacted by poverty and pollution where a substantial state investment can promote significant change. San Diego Considers Scenarios for Mission Bay Restoration Environmentalists from Rewild Mission Bay in San Diego have proposed  eight possible ways to restore the Mission Bay Park’s marshland and boost recreational appeal. Some scenarios include eliminating a golf course, pouring landfill into De Anza Cove or creating a habitat island. The city will release its own set of draft alternatives next month. The main efforts are to restore environmentally crucial marshland to boost water quality and restore habitats. That is why three of the eight scenarios propose filling the polluted De Anza Cove swimming and boating area. By next May the scenarios will be down to four based on cost estimates, feasibility, and how successfully they meet the goals. The city will not finalize plans for at least three years, and the final proposal will need Coastal Commission approval. SPUR Considers Impact of Sea Level Rise on Mission Bay San Francisco Planning and Urban Research has released  a study of San Francisco’s Mission Bay to assess the types of protection that will be required to withstand the impacts of sea level rise in the coming decades. The 80-page study has been called an “imaginative exercise” and consists of design concepts rather than formal recommendations. Other collaborators include the Bay Conservation and Development Commission. There are seven concepts, three focusing on Mission Creek, and four on the district’s southern shore; one major concept would turn Mission Creek into a lake. The goal of the project, which has been in the works since 2014, is to show ways to integrate flood protection into the urban area. Updates & Quick Hits The Oakland Planning Commission unanimously voted to move forward with implementing Senate Bill 743. The Bill replaces the out-dated LOS system of analysis and instead uses Vehicle Miles Traveled (VMT)s to look at transportation impacts under CEQA. (See prior CP&DR coverage .) Developer SunCal has announced  plans for a massive mixed-use development by Swiss architects Jacques Herzog and Pierre de Meuron in Los Angeles’ Arts District. The 14.5-acre development would include two 58-story towers, 1.96 million square feet of residential space, shops, offices, hotels, charter school, and underground parking for 3,400 cars. The federal government has put a hold on transferring  San Francisco’s Hunters Point land to the city for redevelopment because of concerns over radiation. Tetra Tech has been hired with the cleanup, but has been accused of falsifying soil samples. S.F. Mayor Ed Lee and Supervisor Malia Cohen sent a letter to the EPA explaining that the city “will not accept the transfer of any land until regulators are satisfied that the land is clean and safe.” “Citizens for Ceres” must decide in less than 30 days whether they want to appeal  the approval of a Walmart Supercenter to the California State Supreme Court. The Fifth District Court of Appeals in Fresno ruled against an appeal after the Stanislaus County Superior Court rejected the legal challenge of the shopping center. The opposition group is challenging the adequacy of the environmental studies of impacts on the community. A group of investors has withdrawn  a $167 million offer to purchase the Oakland Coliseum land from the city and county. Their reason was that Mayor Libby Schaaf had announced to East Bay Times that she would not recommend the proposal to be forwarded to the City Council for consideration. Santa Barbara County Planning Commission approved  an updated winery ordinance that allows a 300-square-foot, appointment-only tasting room for smaller Tier A wineries. The vote eliminates a previous requirement that a new winery’s production be at least 20 percent from grapes grown on the property. Napa County Board of Supervisors unanimously opposed  a proposed Indian casino in Vallejo. The Lake County-based Scotts Valley Band of Pomo Indians earlier applied this year to the federal government to find out if the Vallejo site qualifies for gaming. The owner of the four dams on the Klamath River has filed  applications with federal regulators to remove the dams. The decommissioning and removal could cost at least $290 million, but that work would be paid by ratepayers of PacifiCorp and Proposition 1 monies. The plan is to remove four of the five dams on the river, with work beginning in the next four years. New proposed legislation  in San Diego would crack down on “mini-dorms” near San Diego State, shut down illegal medical marijuana dispensaries, prevent illegal grading of land and many other code violations. The legislation was approved by City Council’s Rules Committee and must now be considered by the full council in the next few months.

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