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  • CP&DR News Briefs, June 6, 2016: ParkScore Rankings, West Coast Climate Change Pact; and More

    ParkScore , a project of the Trust for Public Land, ranked the 100 largest U.S. cities on their needs for parks by using mapping technology and demographic data on a 0-to-100 scale. Five California cities as appear in the top 20: San Francisco with 77.5 (ranked 5 overall), Irvine 75 (8), San Diego 71.5 (12), Oakland 70 (14), Sacramento 67.5 (17); other cities fared poorly, including Stockton 40 (82), Santa Ana 38.5 (83), and Fresno 29 (97). The score, out of 100, is based on acreage (median size of parks), investments and amenities (spending per resident), access (percentage of people within ten-minute walk of a public park). Twenty points are given for median park size and another twenty for percentage of city area. Twenty for investment and forty for percentage of population within short park distance. West Coast Cities Agree to Climate Change Pact            San Francisco, Oakland, Los Angeles and three other West Coast cities have agreed to work together to reduce greenhouse gas emissions and fight climate change under the Pacific Coast Action Plan on Climate and Energy. The plan encourages zero-emission vehicles, reporting of energy usage for large buildings and install more charging stations for electric vehicles. These cities are working with California Gov. Jerry Brown, governors of Oregon and Washington and the premier of British Columbia. Together this region hopes to build an electric car-charging network that allows individuals to drive from Southern California to British Columbia.  Grand Jury Faults Shasta County LAFCO A new Grand Jury report  criticizes  Shasta County Local Agency Formation Commission for failure to meet deadlines and poorly managed staffing. Between 2001 and 2012 the agency did not complete any mandatory reviews of special districts or municipal services in the county. The agency then depleted its budget in order to finish the required paperwork. The report contends that the agency “is not fulfilling its purposes and programs.”  It cites complaints voiced by city staff in Anderson, who said that the agency delayed on an annexation. The report also recommends review of executive officers performance and a revision of the budget to bring back staff that had hours cut. Income Gap Grows in Silicon Valley In the past 25 years the gap in Silicon Valley between wealthy and lower income groups has increased dramatically, according to a new report from the California Budget and Policy Center. For instance in San Mateo County (where the gap is largest), the top 1 percent earn roughly $4.2 million annually which is 46.2 times more than the average income of the bottom 99 percent. The report analyzes these trends and speculates on what could be exacerbating income inequality in the region. The report makes further links between inequality and economic mobility for future generations, income inequality and economic prosperity, and Silicon Valley’s role in combating inequality. The report looks at the dwindling middle class of Silicon Valley, and what could be done to allow this group to afford to live and work in one of the wealthiest areas of the country. Giants Ask City for Tax Break for Stadium Depreciation The San Francisco Giants are asking the city for millions of dollars of property tax refunds, claiming the value of AT&T Park has dropped below $200 million. This means in the 2011 to 2014 term the property-tax bill be slashed in half for $8 million total. The Giants will make a case with the San Francisco Assessment Appeals Board that deals with such disputes. City officials valued the park at $407 million in 2014, while the Giants said it was more like $158 million. A similar case was made in 2003 when the Giants sought refunds from the years 2001 to 2003, the Appeals Board agreed and gave the Giants $3.6 million in refunds. Then the two groups came to a truce and agreed to a ten-year payment schedule that kept the value constant. The agreement has now expired and both groups are making bids to estimate the value of the property. Updates & Quick Hits Humboldt County Supervisors voted unanimously to support removal of four hydroelectric dams in the Klamath River by 2020. Instead of seeing congressional approval, the decommission of the dams is now through the Federal Energy Regulatory Commission. The removal will cost $450 million. Humboldt County is asking AirBnb to pay county lodging tax. This means the company will deduct 10 percent of gross revenues from its renters in unincorporated Humboldt County.  San Jose has moved up to the third-most expensive to city to rent in after San Francisco and New York. Zumper, an apartment rental website, announced that Boston moved down to fourth while Oakland and Washington D.C. are tied at fifth. This means three Bay Area cities are in the top five most expensive cities. A group of non-union construction companies and workers, Coalition for Fair Employment in Construction, announced its opposition to the Chargers’ initiative for a downtown stadium and convention center. The Chargers recently announced they would partner with labor unions and ban non-union construction workers for the $1.8 billion project. Kings County officials have decided not to appeal  a Sacramento County judge ruling that the high-speed rail system did not violate promises made to voters in the 2008 bond initiative.

  • CP&DR News Briefs, April 25, 2016: San Jose Rent Freeze; San Joaquin River Endangered; L.A. 'Megadevelopment' Lawsuit, and More

    The San Jose city council  voted , 6-5, to reduce annual rent hikes in a third of apartments, which is a move to stabilize rent in one of the nation's most expensive cities. The city has 44,000 rent-controlled units that can raise rents only 5 percent per year instead of 8. The city's housing department suggested tying annual rent to inflation like other CA cities while Councilman Peralez pushed for only 4 percent increase annually. The council approved another housing item: an anti-retaliation ordinance that would protect renters against requesting repairs and being evicted. The Council also approved, 7-4, to eliminate a program that allowed landlords to pass debt off to renters unless they were "major improvement costs." San Joaquin River Rated As Endangered The San Joaquin River ranks second on American Rivers' recently released annual list of America's Most Endangered Rivers. While other river's threats were mining, mountain top-removal, and harmful dams, San Joaquin River's biggest threat is poor water management, exacerbated by the recent drought. The San Joaquin is not only a source of drinking water, but shortages could also threaten billions of dollars in agricultural production and fisheries. The river basin has four million inhabitants along with two million acres of arid land. The system has been managed primarily for agriculture, hydropower and flood control and the dams and levees have harmed the rivers habitat and recreation opportunities. Recently, water utilities, conservation groups and state agencies have begun to work together to create sustainable solutions. Lawsuit Filed Against Hollywood Palladium Project AIDS Healthcare Foundation has filed a lawsuit against the City of Los Angeles for improper and illegal planning approval process for the Palladium Residences, a controversial residential and commercial development in Hollywood. The proposed project, which includes two 30 story towers with 731 residential units, with 37 units designated at lower rents, was approved by City Council in a 12-0 vote on March 22. The foundation, whose headquarters is near the Palladium, is a major funder and supporter of Neighborhood Integrity Initiative, which seeks to halt the growth of these "megadevelopment" projects throughout the city. "We believe and assert in our lawsuit that the pattern and practice of the Mayor, City Attorney, City Planning Department, City Planning Commission, and City Council operating in defiance of an express City Charter limitation on authority to process and grant general plan amendments is a willful failure to comply with public duties imposed by the City's fundamental land use laws," said AHF President Michael Weinstein in a statement.  Environmental Groups Sue MWD Over Purchase of Delta Islands On April 14th the Planning and Conservation League, Food and Water Watch, San Joaquin County, Contra Costa County, and the Central Delta Water Agency sued the Metropolitan Water District of Southern California (MWD) charging that its claim of complete exemption from environmental review for the proposed purchase of 20,000 acres of Delta islands and farmland is illegal and unjustified. The lawsuit asks the Court to enjoin MWD from purchasing the property unless and until it completes the environmental review required under the California Environmental Quality Act (CEQA). MWD has promoted this land purchase to clear the path for the "California Water Fix" twin tunnels project and remove obstacles to its completion. The purchase would also enable physical changes affecting the properties that may harm the Delta environment and could cost California ratepayers and taxpayers billions of dollars. Plaintiffs allege that the land purchase by MWD is part of an attempt to take more water from the Delta for MWD use and that the environmental impacts resulting from that activity would be "significant" and outside any exemption from CEQA. Congress Members Oppose Central Valley Water Deal California Democrats in Congress are challenging a settlement meant to end decades of litigation over a contentious federal water project in Fresno and Kings counties. The Westlands Water District and farmers have been litigating since hundreds of thousands of acres of land are contaminated with high levels of salt and minerals. The Obama administration would forgive $375 million in Westlands debt and create long-term agreements for water delivery in exchange for taking responsibility of the contamination. However opponents, primarily democrats, argue it gives too much to Westlands and could harm others with water cuts, financial costs and environmental damage. Opponents of the deal are asking US EPA, Natural Resources Committee and the Obama administration to review Westland's finances.  Fresno Annexation Area May Be Downsized by LAFCO A battle between the City of Fresno and the Local Agency Formation Commission is brewing over the fate of a proposed 9,000 acre expansion of the city. LAFCO is proposing to eliminate 2,560 acres from the Southeast Development Area, which was approved 10 years ago but has yet to be developed. The city has been focusing on infill and may want to bank the land for up to 40 years. Up to 45,000 homes may be built in the area if it is kept intact. A city typically has 20 years after annexation to develop land before it risks being taken back by the county. Postponing a scheduled vote in April, the commission will give Fresno another month before changing the borders but the city must defend its position and provide evidence for water for the development. Local school districts however, have purchased lands and $30 million in unused bonds to develop a North Campus. Another school district purchased 159 acres for $17.5 million and without residents and students; the taxpayers are paying investments to a new school for no one.  City Manager Bruce Rudd said the city has ten years to design and begin building, he estimates 9,000 homes may be built by 2035.

  • CP&DR News Briefs July 11, 2016: Jeff Tumlin Goes To Oakland; Transportation Plan Guidelines; L.A. River Plan; and More

    A year after Mayor Libby Schaaf announced its creation, the City of Oakland has formally instituted its Department of Transportation and installed Jeffrey Tumlin as interim director. Tumlin is a consultant Nelson/Nygaard on an eight-month contract with the city. Among the department’s top priorities will be a potential $600 million infrastructure bond that the city is considering for the November ballot. It would allocate $350 million for transportation, $100 million for affordable housing, and $150 million for facilities. The department will also manage the city’s streets, which had been under the purview of Public Works; other elements of transportation infrastructure, such as parking and transit, had been governed piecemeal by other city departments. According to the Oakland Tribune, many non-profit leaders and citizens hope the new department will put transportation issues such as bike infrastructure, improving existing transit and pedestrian safety to the forefront. Editor's Note: An earlier version of this brief erroneously indicated that Tumlin has left Nelson/Nygaard. CTC Developing Guidelines For Regional Plans The California Transportation Commission is developing guidelines for the preparation of Regional Transportation Plans (RTPs) and the California Transportation Plan (CTP). The RTP Guidelines were last updated in 2010 and the CTP Guidelines is being prepared for the first time. While the commission will adopt the Guidelines, Caltrans prepares both documents. Updates to the RTP Guidelines are necessary because of changes in state statute, final rule-making and recent passage of the Fixing America’s Surface Transportation (FAST) Act of 2015. The CTP is a long-range plan to provide policy framework to guide transportation investments and decision by all levels of government, private sector and transportation stakeholders. The workgroups include a variety of topics ranging from public health to modeling to freight. The kick-off meeting was June 30 in Sacramento but the first draft of the RTP and CTP Guidelines will be released early July for stakeholder comment with a meeting July 13 and 14. In September the Final draft will be released and few months later the Guidelines finalized. The Commission will consider the two documents late this year or early 2017. Los Angeles Adopts $2 Billion Plan for L.A. River The Los Angeles City Council voted unanimously to approve a long-sought restoration plan for 11 miles of the Los Angeles River from Griffith Park to Downtown. The approved plan, Alternative 20, was the most ambitious of three plans proposed to the council by the Army Corps of Engineers, which oversees the river’s infrastructure. The city and federal government will share the almost $2 billion cost, with the city contribution estimated to be around $980 million. Most of the cost goes to acquiring land for ecosystem restoration projects. The plan will be carried out on a project-by-project basis meaning the city can prioritize projects that are less costly. The plan excludes renowned architect Frank Gehry, who had been approached by the city to design some elements of the restoration. Gehry’s involvement had been scorned by some longtime river advocates; he does not have a reputation for working on landscape. San Jose Sharks Sue City Over Downtown Development Sharks Sports & Entertainment, parent company of the San Jose Sharks hockey team, is suing the City of San Jose over Diridon Station, a $600 million development that, the suit says, will severely impact parking downtown near the San Jose Sharks arena. The suit, filed under the California Environmental Quality Acts, contends that the environmental study was completed years ago when the city experienced different conditions. The Trammell Crow project would convert Diridon Station’s massive parking lot into a 1 million-square-foot high-rise office building with 325 apartments and 30,000 square feet of retail. The Sharks are concerned about 800 parking spaces that would be removed from the vicinity around their SAP Center and say that the removal would violate a contract between the team and the city ensuring that at least 6,350 spaces are within a half-mile for attendees. San Diego Pursues Funding Plan for Parks San Diego Mayor Kevin Faulconer unveiled two proposals that would provide funding boosts to regional parks and accelerate other projects. One proposal would extend Proposition C, a 2008 ballot measure that directs millions in lease revenue from Mission Bay Park into improvements there and in other regional parks. This raises around $10 million annually and expires in 2039, but the proposal would extend to 2069 to allow selling of future bonds. The second proposal involves a plan approved in 2012 to replace cars and traffic in center of Balboa Park with public gathering spaces by building a large parking garage and bypass off the Cabrillo Bridge as well as Plaza de Panama upgrades. This proposal would cost roughly $50 million and need approval from city council. The project has support from billionaire Qualcomm co-founder Irwin Jacobs who is working with Faulconer. State Greenhouse Gas Emissions Dip Slightly amid Economic Boom According to new data from the California Air Resources Board, in 2014, California saw a reduction in greenhouse gas emissions even though the state’s economy improved dramatically. However, the reduction was negligible: less than 1 percent, or around 2.8 million metric tons. Assmbly Bill 32, California’s 2006 climate change law, requires the state to cut back to 1990 levels by 2020; the current trend puts the state on track to reach that goal. While greenhouse gas emissions are falling across the state, those from the transportation sector have increased 1 percent. Transportation accounts for 36 percent of California’s GHG emissions. This year, gas is inexpensive, Californians are driving more, especially those with conventional, non-electric cars. Nonetheless, Gov. Jerry Brown hopes to cut gas consumption in half by 2030. Caltrans Tests Pay-by-Mile Gas Tax Alternative Caltrans has recruited 5,000 volunteers to test out a new revenue pilot program to potentially replace the gas tax. The new program would be a pay-by-the-mile, which gives drivers six different ways to report their mileage and pay accordingly. This is part of the effort to regain funds that were lost from the gas tax with the switch to more fuel efficient and hybrid vehicles. Even with population growth the $4.13 billion in 2004 fell to $3.05 billion in 2015. Now, drivers will pay based on the miles each vehicle travels. Drivers can either purchase a permit for a set period of time or specified number of miles, or make payments based on odometer readings. Other option include plugging a device into the car that has a location-tracking system, self-reporting on smartphone app, or using car’s built-in GPS technology. Caltrans is looking at a variety of measures to accommodate different concerns on enforcement, privacy, administrative costs and equity. Carlsbad Considers Consequences of Sea Level Rise Carlsbad city planners released a draft Sea Level Rise Vulnerability Assessment that looks at hazards through 2050 and 2100. For both, they discuss strategies to prevent flooding, erosion and property damage. The report projects an average rise of up to 1.6 feet by 2050 and 6.6 feet by 2100. The majority of damage will occur to the city’s natural shoreline, most man-made structures are not in affected areas. The sand has already been washing away, and will worsen in the next decades. This is detrimental to tourism, a main economic driver in the area. Other cities in the region such as Del Mar and National City have seen much worse results in their Sea Level Rise Assessments, both will experience significant flooding and erosion. Updates & Quick Hits The Proposition 1 California Urban Rivers Grant Program is holding technical assistance workshops across the state. The first begins July 13 in Sacramento and continues on to Los Angeles July 25, San Jose July 29, San Diego August 2, and August 9 in Redding. The City of Encinitas reached a settlement with DCM Properties because of a density bonus program and adoption of the city’s housing element. Encinitas will send the housing element to the November ballot, adjust its density bonus calculation, and pay DCM Properties $125,000 in legal fees. Gov. Jerry Brown signed an updated gambling agreement for the Amador County Buena Vista Rancheria of Me-Wuk Indians to build a 67.5-acre casino complex. The tribe promised to pay the county $18 million, plus $8 million a year to offset environmental impacts the casino development. SANDAG announced plans to develop a 600,000 square-foot complex with retail, office, residential space and a stopover facility for Metropolitan Transit System Rapid Buses. LA City Council approved a $1.2-billion bond measure for the November ballot to generate money for financing new apartments and other facilities for the homeless. It increases property taxes for the next 30 years. The plan won out over a proposed parcel tax. Morro Bay City Council voted to prohibit secondary dwellings to be used as vacation rentals to preserve affordable housing. Of the 50 secondary dwelling units in the city, only five are licensed as vacation rentals and exempt from the new ordinance.

  • CP&DR News Briefs August 22, 2016: SoMa Redevelopment; Cap-and-Trade Funds; Beverly Hills Subway Ruling; and More

    The City of San Francisco announced  a plan to upzone Central South of Market to accommodate around 7,800 new affordable and market-rate housing units and 40,000 new jobs. The potential plan includes 2.1-million square food redevelopment of the Flower Mart, a tennis club redevelopment, and a 400-foot residential tower. Proposed developer fees, of up to $2 billion, would escalate based on amount of additional height and will help pay for new sidewalks, open space and affordable housing. Half of the fees, nearly $900 million will fund affordable housing production. The plan also prioritizes $500 million for public transit and sidewalk improvements. A separate EIR on the plan will be released end of this year and the Planning Commission will vote early next year. If passed, the Board of Supervisors will consider the plan. State Doles Out $391 Million in Cap-and-Trade Funds for Transit The California Transportation Agency has selected  14 public transit projects to receive part of the $391 million in  funds  from a recent cap-and-trade auction. Nearly $109 million will go to Los Angeles’s subway system and $28 million will fund a streetcar project connecting Santa Ana and Garden Grove. Senate President Pro Tem Kevin de León has a plan to help poorer Californians: $100 million on areas including transit, $100 million on rebates for purchasing clean vehicles and $150 million for vehicle trade-in for low-income families. The two largest projects are High-Speed Rail alignments in Fresno and Madera Counties with $259 million. The next eight projects received $41.2 million each towards Metrolink or Muni programs to provide cleaner, safer and more reliable service. Judge Clears Way for Subway Tunnel Under Beverly Hills High School A U.S. District Court judge has ruled  in favor of Los Angeles County Metro’s plans to tunnel beneath Beverly Hills High School for subway extension to Los Angeles’ west side. The City of Beverly Hills and the its school district have spent $10 million in litigation in the last five years over claims that the alignment would endanger the school and that Metro did not adequately analyze or publicize it. Judge George H. Wu said the Federal Transit Administration did not adequately respond to Beverly Hills Unified School District’s concerns about methane, air quality and recreation from the effects of tunneling the subway line. However Wu did not void the entire environmental review because of the “domino effect” on other phases and jeopardizing grants. Metro now has to complete additional analysis. (See prior CP&DR coverage .) Orange County Cities Get Transportation Grants The board of directors of the Orange County Transportation Authortity approved  $19.5 million to help 13 projects in Orange County cities improve their bikeways and walkways. Funding through the federal Congestion Mitigation and Air Quality Improvement Program will help promote mobility options by improving safety and air quality, providing regional linkages to key destinations, and closing bikeway corridor gaps. Projects awarded include $2.3 million for street improvements in Tustin, $2.27 million for protected bike lanes in Santa Ana, $2.22 million for bike boulevard in Fullerton, $2.07 million to extend bikeway on Coast Highway in Dana Point and $1.11 million for bike improvements in Garden Grove. Caltrain Announces Major Upgrade Program Caltrain officials announced  a $2 billion plan to electrify the commuter rail corridor along the San Francisco Peninsula after high-speed rail officials unanimously agreed to increase the state’s contribution. The High-Speed Rail Authority offered $713 million to Caltrain and an additional $84 million to the city of San Mateo to help fund three new grade separations. The funding will improve the Peninsula tracks so the bullet train may ride from San Jose to San Francisco on the new “blended system” designed to serve commuters regardless of when and whether high speed rail is completed through the peninsula. Caltrain hopes to have the trains running on 51 miles of electric track in late 2020. This week, the Caltrain’s Board of Directors should issue the “limited notice to proceed” to the two contractors working on the railway. Report Cites Statewide Need for Road Maintenance TRIP, a national transportation organization released  the “California Transportation by the Numbers: Meeting the State’s Need for Safe, Smooth and Efficient Mobility.” The report found that one-third of major local and state-maintained roads are in poor condition and 8 percent of bridges are structurally deficient. It recommends increased investments in transportation improvements could relieve traffic congestion, improve road, bridge and transit conditions, boost safety and support long-term economic growth in California. Deficient, congested or undesirable safety features on roads and bridges costs California motorists $53.6 billion annually due to higher vehicle operating costs, traffic crashes and congestion-related delays. Updates & Quick Hits A $625-million proposal to move the northernmost runway at Los Angeles International Airport 260 feet closer to nearby homes has been shelved indefinitely per an recently announced agreement with the city. The agreement ends a lawsuit alleging that the project did not complete the required environmental impact evaluation or take measures to reduce negative impacts. According to HVS consulting firm, the Chargers’ plan for downtown stadium-convention center will not generate enough meeting business to justify the increase in hotel tax. However, Chargers’ adviser says the analysis was pre-determined and taxpayer money was wasted to come to the conclusion the self-interested hotel owners wanted. The Los Angeles County Board of Supervisors voted to approve the 70-acre South Rancho Los Amigos Property in the city of Downey. The county will invest $468 million, and the plan includes several county departments and the development of a 15-acre regional sports center. Public interest group World Business Academy is suing the State Lands Commission for allowing the Diablo Canyon nuclear power plant to operate through 2025 without studying the environmental consequences. Earlier this month the Los Angeles Superior Court ruled that the state agency did not have the authority to exempt the plant from preparing an EIR and that attempting to do so was arbitrary and capricious. The Los Angeles Angels of Anaheim have resumed discussions with the City of Anaheim to stay in the Angels Stadium after possible bid to relocate to Tustin fell through because of the cost of building a new stadium. The city and the team have been discussing $130-$150 million in renovations. The Coastal Commission unanimously approved a proposed amendment to allow Carmel’s Local Coastal Program to offer developers incentives to create more lower-income and senior housing in the denser city core. The amendment allows developers to build more units than existing zoning allows if a certain percentage of units are set aside as affordable housing. Disneyland announced plans to build a $1 billion, 7-level, 6,800-space parking structure and pedestrian bridge to the resort near a hotel. The Los Angeles City Planning Commission has approved The Reef, a development south of Downtown that includes an outdoor plaza, public gardens, 1,000 apartment and condos, restaurants and a hotel. Community activists claim the development will be unaffordable for the people who currently live in the South LA neighborhood. Commissioners told the developers 5 percent of the apartments must be set aside for tenants with lower incomes. The commission also asked the developer to pay the city $15 million for affordable housing off-site. The Mill Valley Planning Commission will consider a new affordable housing ordinance that would establish a local affordable housing fund, an affordable housing impact fee and requirements for new developments with four or more units.

  • CP&DR News Briefs September 12, 2016: San Diego Commuter Survey; Sacramento Political Contributions; L.A. Planning Commission Restrictions; and More

    The San Diego Association of Governments is turning to technology to get a detailed account  of San Diegans’ driving habits. The agency is asking 200,000 San Diego households to complete a survey of their transportation habits to help planners figure out regional planning decisions for the region. Some of these decisions are where new developments should go, what highway and rail lines to improve, and other big-picture issues. Survey participants – who make up nearly one-fifth of the county’s population – will be asked to download rMove, a smartphone application that uses GPS technology to track when they commute as well as other details of the user’s transportation choices. Research firm Resource Systems Group has a two-year, $1.75 million contract with SANDAG for the survey. Funding comes from the federal government. Developers Heavily Support Sacramento Supervisor Campaigns A recent Sacramento Bee analysis  finds that development interests account for two-thirds of the contributions and independent expenditures in Sacramento County supervisor races this year. The county has seven candidates running for two seats, raising a combined total of $300,000. The county elections have limits of $1,000 per election period for an organization and $500 for an individual. Of the total sum, $135,000 or 45 percent came from development interests. Josh Wood, executive director of Region Business tells Sac Bee that “Sacramento County has thousands of acres of development that’s being proposed in the next few years.” Planning Commissioners Reined in by L.A. Mayor Los Angeles Mayor Eric Garcetti plans to issue  an executive directive banning private meetings, or ex parte communications, between planning commissioners and developers to “ensure that all dialogue with private stakeholders is on the record.” This comes after city officials plan to stop a planned March ballot initiative that calls for a halt on major building projects that require changes in city rules. Garcetti also promised to make other changes, such as accelerating updates to community plans. Additionally he wants to ensure the city, rather than developers, choose the consultants who assess the environmental effects of projects. Airbnb Contends Most L.A. Hosts Are Not Commercial Operators Amid ongoing controversies about the role of home-sharing in California cities, Airbnb released a report  in September 2015 entitled “Housing & The Airbnb Community in the City of Los Angeles.” The report found 92 percent of entire home listings were rented less than 90 nights per year and that only 0.05 percent of all housing units in the city were rented more than 177 days on a short term basis. The analysis shows that 80 percent of hosts share the home in which they live and 70 percent use part of the money to pay their mortgage or rent. The report concludes that most Airbnb hosts are middle class residents and that guests generate sustainable, local economic activity that supports small businesses. The City of Los Angeles is currently considering an ordinance that would regulate home-sharing and limit the number of nights per year that hosts may rent to guests. Of particular concern are “commercial hosts” who rent rooms and entire units as if they are full-time hotels. HUD to Reconsider Position on S.F. Housing Law The Department of Housing and Urban Development indicates that it will reconsider  its rejection of San Francisco’s neighborhood preference housing law, which San Francisco officials are using to help low-income residents stay in the city during times of rising rental costs. HUD said offering a neighborhood preference violated the 1968 Fair Housing Act and could “perpetuate segregation.” This dispute occurred because the 98-unit Willie B. Kennedy senior housing development in the Tenderloin has caused many older residents to move in with residents or onto the streets. More than 3,500 applications have been submitted for the housing development. Los Angeles Seeks to Reform Developer Fees for Parks Los Angeles City Council voted unanimously to change  how the city collects park fees under the state’s Quimby Act. The new change would now cause the fee to apply to new apartment buildings, as before the developers only paid if the project required a zoning change. While the city collected between $20 and $22 million a year in fees, an additional $30 million will be generated. Developers of apartment complexes will pay $5,000 a unit and affordable housing units would be exempt. Another update to the law will allow Quimby fees to be spent on parks up to 10 miles away. Los Angeles Transportation Measure Overcomes Cities’ Objections A Los Angeles Superior Court judge rejected  a claim from a group of seven cities that said the language for Measure M, which proposes a sales tax increase for tens of billions of dollars worth of transportation projects, would mislead voters. The suited claimed that what was meant to be a half a percent increase was worded as a half-cent increase, implying that the tax would be a single-half cent regardless of the total value of a purchase. The court rejected this claim on a technicality, saying that state law does not require a local measure like Measure M to present the total annual costs associated with it. This suit was filed by South Bay cities including Carson, Commerce, Torrance, Rancho Palos Verdes, Norwalk, Signal Hill, and Santa Fe Springs. However, LA Metro says  it is indeed a half-cent sales tax that will generate $860 million per year. (See prior CP&DR coverage .) Updates & Quick Hits Riverside County Supervisors approved , 4-0, a rezone, general plan amendment, EIR and tentative tract map for subdivision in Menifee Valley. The development includes 511 residential lots with a minimum lot size of 5,500 square feet and 25 drainage basins, park, paseo and open space lots. U.S. District Judge Beryl Howell dismissed  an array of arguments raised by opponents to a casino proposed by the North Fork Rancheria. The ruling allows the developing of a resort with 2,500 gaming devices, six bars, three restaurants, five-tenant food court, 200-room hotel and 4,500 parking spaces on 305 acres to continue. The proposed casino is north of Madera along Highway 99. According to CollegeRank.net, San Luis Obispo is the best college town  in the country. Robinson reviewed communities in 33 states and looked at factors such as outdoor space, number of boutiques and cafes, pedestrian friendliness, culture, nightlife, and the “general vibe.” Santa Cruz was ranked ninth and Berkeley eleventh. Two new studies from research firm Axiometrics found  Bay Area rents are plateauing. The average rent for all apartment sizes in San Francisco, San Mateo, and Marin counties dropped 0.7 percent from July 2015. In San Jose-Sunnyvale-Santa Clara area, the increase was only 0.3 percent from July last year. This is the smallest increase since April 2010. This steadying of rents could be attributed to slowdown in job growth and intense apartment construction, 4,600 more units are being put on the market than this time last year. Airbnb is suing  Santa Monica, arguing the city violated federal laws protecting privacy and online speech for its rental restrictions, including outlawing of rentals of fewer than 30 days, and paying a 14 percent hotel tax. The Anaheim City Council voted  to continue with a proposed streetcar project even though it failed to secure federal funding. The city has spent $10 million on the project so far; opponents fear that the $300 million cost is not justified. OCTA is focusing on a streetcar project connecting Santa Ana to Garden Grove. Angels Baseball filed an appeal  with the City of Anaheim challenging the Planning Commission’s approval of the $450 million mixed-use development across the street from the stadium. The development includes condominium and apartment units, 200-room hotel, office and commercial space. L.A. Mayor Eric Garcetti launched  a new loan program to support small business owners located near the city’s “Great Streets” proejcts. The Great Streets Great Business partnership has $4 million to jumpstart the program in LA’s first 15 Great Streets corridors. The loans range from $1,000 to $250,000 to qualifying applicants.

  • CP&DR News Briefs September 26, 2016: Oakland Parking; Coastal Commissioners Lawsuit; Tahoe, Salton Sea Funding; and More

    The Oakland City Council approved  dramatic reductions to its parking requirements last week, undoing regulations established in 1965. The move is meant to make it less expensive to develop housing, to reduce greenhouse gas emissions, and improve quality of life for residents. The city is hoping to achieve better walkability with the new parking regulations. For instance, in major transit hubs, the required parking is zero and instead a maximum cap is set. Additionally, cost of parking will be separate from rent, meaning residents who do not drive will no longer subsidize neighbors that do. The regulations provide incentives for landlords to developers to offer transit passes and subsidies for car-sharing services to residents. (See prior CP&DR coverage .) Watchdog Group Sues Coastal Commissioners Five California Coastal Commissioners are being sued by Spotlight on Coastal Corruption for 590 alleged transparency rule violations in the last two years. Commissioners Erik Howell, Martha McClure, Wendy Mitchell, Mark Vargas and Steve Kinsey are accused of violating disclosure laws for ex-parte communications and could each face fines of millions of dollars. Ex-parte communications involve telephone calls, face-to-face meetings, emails or other written material related to a pending matter outside official public hearings. These interactions should be reported in writing within a week of the communication and include the date, time, type, location, list of everyone involved in the communication, and description of content. A bill prohibiting ex-parte communications by commissioners was defeated earlier this month. Lake Tahoe, Salton Sea to Receive Federal Funding The U.S. Senate overwhelmingly approved  a measure for $10 billion on water quality projects nationwide over the next decade. This includes $415 million for the Lake Tahoe Restoration Act. The first Act in 2000 provided $300 million in federal money for restoration projects on the lake. This new bill will include money for projects to improve water quality, reduce wildlfire threats, combat aquatic invasive species, and build new public transit systems featuring ecologically friendly roads. The Salton Sea would also receive funding  from the bill as would the Los Angeles River and Sacramento-area flood control. The measure must now go to the House to be voted on. Proposed Development May Run Afoul of Richmond General Plan Richmond residents filed  a lawsuit against a new 13.8-acre bayfront Terminal One development project at Terminal One. The project plan includes 334 condo and townhome units, restaurants, hiking trails and a 0.9-acre park. The five residents that filed the claim are members of the Brickyard Cove Alliance for Responsible Development (BCARD). They allege that the project’s EIR does not comply with CEQA because of traffic congestion, exposure to hazardous chemicals, blocked bay views and altered wind patterns for sailing community. The plaintiffs favor the site’s development, but are concerned with the height and subversion of Richmond’s General Plan 2030. Price Tag for Key L.A. River Parcel: $252 Million The Los Angeles City Council voted in May to allocate $40 million to purchase part of Taylor Yards, a crucial site site along the Los Angeles River to develop into a park space, wetland, and other amenities. City analysts have calculated  that it could cost more than $252 million to develop the 41-acre area into a park. $120 million of the expected costs are for environmental cleanup. UCLA Luskin Center for Innovation is preparing a new Los Angeles River Greenway Guide  and is using Marsh Park as a case study. This 3.9-acare park in the Elysian Valley has trees, green infrastructure, play and fitness equipment, a walking path, picnic tables, open-air pavilion, and a large industrial building that houses a company that takes modular shipping containers and turns them into units for the homeless. The guide includes 14 other case studies that include parks, pathways, access points and bridges along the river. The guide looks at challenges faced in each project and how the obstacles were overcome leading to successful riverside gateways. The 51-mile river has many successful projects on the northern part, but not the same amenities exist in the lower section of the river. (See prior CP&DR coverage .) Listing of Spineflower Could Complicate L.A.-Area Developments The San Fernando Valley spineflower may become listed  as threatened under the Endangered Species Act. The flower, once thought to be extinct, has two known populations located in the Santa Monica Mountains of Ventura County and on the proposed Newhall Ranch development site. However, Newhall Land and Farming has said it has taken steps to protect the plant. For instance, in the Spineflower Conservation Plan approved by the California Department of Fish and Wildlife in 2010 227 acres of Newhall Land are permanently funded and protected for the flower. Updates & Quick Hits The California Coastal Commission accepted  Measure H as a Minor Amendment to the Dana Point Local Coastal Plan, which will now allow the measure to become part of the 2008 Town Center Plan. Supporters say the measure will help the residents with the battle against special interests and developer money. The First District Court of Appeal in San Francisco rejected , 3-0, the city’s attempt to restrict tenant evictions under the state’s Ellis Act. The court said the ordinance would “discourage or penalize Ellis Act evictions” which creates a disincentive to evict. The Southern Nevada Tourism Infrastructure Committee unanimously approved  $750 million in public funding to build a stadium in Las Vegas to lure the Oakland Raiders. The hotel tax in the Las Vegas area will be raised to pay for the 65,000-seat stadium, as well as partially financed by billionaire casino mogul Sheldon Adelson. The governor, legislature and three-quarters of NFL owners need to be won over to make the project a reality. Four affordable housing projects in San Francisco will receive  $310 million in city money to jump start development. The projects will create 529 housing units for seniors, families, and formerly homeless persons. Unite Here Local 11, a labor union representing hotel workers, filed  a complaint to investigate potential illegal use of foreign money in a heated Beverly Hills ballot measure. The ballot measure would allow union-friendly Beverly Hilton to bypass public review to build a 26-story high-rise. Opposing the measure is China’s Wanda Group, which plans to build a $1.2-billion hotel-condominium project adjacent to the 26-story high-rise.

  • CP&DR News Briefs July 25, 2016: Warriors Win Arena Lawsuit; Norco Rejects Hindu Temple; Alameda Co. Bans Fracking; and More

    San Francisco Superior Court Judge Garrett Wong ruled the city’s environmental review of the proposed Golden State Warriors’ arena in Mission Bay neighborhood was adequate. The court ruled the mitigations were reasonable and that local transit agencies were notified and able to respond to add additional services. The arena will be called the Chase Center after the team reached a deal with JPMorgan Chase. The main opposition to the project is the Mission Bay Alliance made up of UCSF donors. They argue the 18,500-seat arena will create congestion and slow access to the medical center. The team says the Chase Center will open in 2019. Norco's Rejection Hindu Temple Prompts Accusations of Discrimination The Norco City Council rejected , 5-0, a proposed Hindu temple that did not fit “western aesthetic” required by the laws of a city known as Horsetown, located in the Inland Empire. Those in favor of the project say it is “thinly veiled cultural discrimination.” The developers appealed to city leaders to meet city standards by lowering the building’s height by ten feet and removing the traditional dome. Council members raised other concerns about adequate parking, water drainage and the effect on residential vistas on the four-acre site. The facility would have drawn people from a 20-mile radius to promote “secular harmony” and “a balance between spirituality and modernity.” The project received seven opposition letters from stakeholders (to one support letter), one of which contended that the temple’s “way of life is not conducive to their beliefs…. I’d like to continue on with its hometown atmosphere and not be another casualty of political correctness and tolerance.” The temple’s bakers will have to wait one year before resubmitting a proposal. Alameda County Bans Fracking Alameda County has become the first Bay Area County to ban the practice of hydraulic fracturing for the purpose of extracting natural gas and other fossil fuels. County supervisors unanimously approved the ban making it the fifth county in the state to do so. The county’s only oil generator, E&B Natural Resources, does not use fracking to extract oil, so the ban is mostly preventative and symbolic. Supervisors contend that the ban will protect residents’ water and their health. (See prior CP&DR coverage .) Judge Rules in Favor of Sale of Delta Islands The California Supreme Court sided with the Metropolitan Water District’s $175-million purchase of five islands in the Sacramento-San Joaquin River Delta. While MWD does not have a project for the land, it has said it could be used for a proposed multibillion-dollar water tunnel system. While this was a win for MWD, there are two other lawsuits facing the Southern California Water District. The first claims a breach of contract and the other argues that an environmental impact report should have been completed before purchase. It could be months or even years before all the legal challenges are resolved.  Chumash Win Federal Permission to Expand Reservation The Chumash tribe has received federal permission to annex Camp 4, a 1,400-acre parcel outside the current boundaries of its reservation in Santa Barbara County. The House Committee on Natural Resources moved forward a federal bill that would allow the annexation. Chumash leaders filed for the annexation three years ago, hoping to be freed of the county’s strict permitting process and property tax rolls. The reservation expansion has been the subject of hostility between neighbors and tribal leaders. Those opposed for the bill cite the fact that 10 out of 20 of the bill’s author’s top contributors this election cycle were Indian gambling interests. Others say it is an example of overstepping bounds, and these types of issues need to be dealt with at the local level. Lawmakers Protest Federal Transportation Grant Decisions Southern California was excluded from an inaugural round of federal transportation grants aimed at improving freight movement to and from ports, highways, and rail. Local democratic lawmakers sent  Transportation Secretary Anthony Foxx a letter saying this snub would hurt California and national economies. Los Angeles has the busiest port in the U.S. and is responsible for moving 40 percent or an estimated $396 billion of the nation’s cargo. DOT omitted 16 projects in the six-county region that would improve the Port of Long Beach or pay for zero-emission cranes. Instead the DOT awarded $759 million in projects from Seattle to Louisiana. Only one project, expanding freeway in San Diego County to the Mexican border received $50 million. While the decisions cannot be changed for 2016, the congressional lawmakers hope to make it known how unhappy they are with being overlooked. The delegation is contesting $90 million going to revamp the Arlington Memorial Bridge in Washington D.C. which connects cars to pedestrian, saying it does not meet the criteria of improving freight movement. Oakland Approves Rental Protections The Oakland City Council approved two companion measures to limit the property owners’ ability to raise rents in what is now the fourth most expensive rental market in the nation. The measures will go before voters in November as the Renters Protection Act. They proposals require any annual rent hike of more than 10 percent to be approved by the city. Additionally, the proposal limits the amount the property owners can charge their tenants for capital improvements to their buildings. Buyers of duplexes and triplexes must live in the buildings for at least two years before they are exempt from rent control. Neither measure applies to buildings constructed after 1983, which are exempted under state law that restricts local rent controls. Los Angeles Strikes Deal with Airbnb to Collect Taxes The City of Los Angeles will start collecting taxes from Airbnb hosts. The city has had a tax similar to a transient occupancy tax but has faced difficulty making sure the money was collected. In the new deal, Airbnb will collect the tax and hand it over to the city. This would generate an estimated $5 million that may help pay for homeless programs. Airbnb is in favor of the plan and says it will help residents and ensure the city shares in the economic benefits. The tax still represents a paradox. In L.A. it is still illegal to rent out a home for less than 30 days at a time, although planning officials are working on a new law that could legalize and regulate such rentals. SCAG Issues Report in Advance of Regional Plan Discussions The Southern California Association of Governments has published a new report called “Toward a Sustainable Future: Is Southern California on Track?” The report hopes to build on the last regional plan by seeking more balance between mobility and housing needs with economic, environmental and public health goals. For instance its goal is to reduce carbon pollution by eight percent in four years and 21 percent by 2040. The four main recommendations include: 1) connecting transportation decisions to impact on climate and communities; 2) investing sooner in alternative transportation; 3) convening leaders and getting better data; 4) and bottom-up regional planning. While good progress has been made in public transportation in LA and Imperial County, major gaps remain in affordable housing in the region. Updates & Quick Hits A Los Angeles County Superior Court judge denied a request to halt construction on the Regional Connector subway project through downtown LA. The pending lawsuit, filed by owners of Japanese Village shopping center, claims Metro and two construction companies planned to inject a cement-like substance beneath the pedestrian mall without securing easements. This is the third lawsuit the Japanese Village has filed over the Regional Connector. The Coastal Commission unanimously approved a permit for the planned $2 billion Mid-Coast Trolley in San Diego. The 11-mile, nine-station project will travel through 3.5 miles of designated coastal zone.  The Santa Monica City Council unanimously voted to put the Land Use Voter Empowerment (LUVE) initiative on the November ballot. The initiative would subject any new construction over 32 feet or two stories to gain voter approval. While none of the council members supports proposal, they had no choice besides enacting it into law because the group had gathered enough signatures. San Diego Unified Port District voted , 6-1, to support Seaport San Diego, a $1.2 billion replacement for the 500-foot spire for Seaport Village. The plan includes three hotels with 1,077 rooms, more than 388,000 square feet of retail and restaurant space, a 480 “spire” observation tower and an aquarium. Three lawsuits have been filed in the past month against the City of Long Beach for selling prominent downtown properties without proper parking and traffic studies. The suit alleges the city is “piecemealing” its development projects and not doing a complete environmental study. The plans for the properties include a hotel, luxury apartments, and student housing. The Alameda City Council voted to place a pro-renter initiative on the November ballot and is now considering placing the current city ordinance-with more modest controls- alongside the renters’ measure. The current ordinance restricts landlords to one increase per year and requiring rises of more than 5 percent to be reviewed by an ad-hoc committee. The pro-renter initiative already approved for the ballot would cap annual increases at 65 percent of the change in the CPI for the previous year. (See prior CP&DR coverage .)

  • CP&DR News Briefs August 8, 2016: World Logistics Center Lawsuits; Desert Conservation Plan; 'In-Law Units' in S.F.; and More

    Riverside County reached  a settlement with Highland Fairview, the developers of the World Logistics Center in Moreno Valley, to mitigate impacts of the massive facility. The deal asks the developer to provide funding for road improvement projects throughout the county. The planned 40.6-million-square foot warehouse complex will generate an estimated 68,721 vehicle trips a day and approximately 20,000 jobs. The developer will pay $3 million for improvements on Gilman Springs Road and another $3 million to improve Highway 60. The project is facing a dozen lawsuits, and this settlement only eliminates three. The other legal challenges are air quality and endangered species. A Riverside County judge has 90 days to rule  on a Moreno Valley City Council vote to allow the complex to skirt the California Environmental Quality Act via the so-called "Tuolumne Tactic." The cases say the city and developer did not adequately address environmental issues such as air pollution, traffic and other consequences required by CEQA. City Council then adopted three developer-back initiatives exempting the project from environmental laws. (See prior CP&DR coverage .) Obama Administration Finalizing Desert Conservation Plan The Obama administration is advancing  the Desert Renewable Energy Conservation Plan, which would promote wind and solar installations on 10 million acres of the Mojave Desert. The plan, which the administration is seeking to finalize before President Obama leaves office, would permit install 20,000 megawatts of renewable energy on federal land. The plan sets aside nearly 2,000 square miles of land in the Mojave Desert and 5 million acres for conservation. Besides the three national parks, the desert is considered a wasteland used for military bases, off-road vehicle playgrounds and desert cities. However, scientists say developing the undisturbed desert soils could harm the fight against climate change. University researchers find that building rooftop solar systems on parking lots and large stores could provide the state with enough energy three to five times over. Driving this push for large-scale renewable development is the California law requiring half the energy provided by utilities to come from clean sources within 14 years. San Francisco Poised to Embrace Accessory Dwelling Units San Francisco Board of Supervisors are set to approve  so-called “in-law units” in existing private buildings. These accessory dwelling units could potentially create 30,000 more affordable housing units. The main concern was that ADUs should be permitted outside the actual structures of the building. The compromise was the units could only be created within existing structures in place for at least three years or in the open space under decks or light wells. District 3 and 8, which includes Castro, Noe Valley, Chinatown and North Beach, all have ordinances that legalize ADUs. The new provision states one ADU can be built for buildings with fewer than five units and an unlimited number for larger buildings, provided the units are 300 square feet for a studio and 500 for a one-bedroom. The city will create an outreach program to meet with qualifying property owners to provide technical assistance and possible financial assistance through banks. Delta Tunnel Biological Assessment Released The Department of Water Resources released  its biological assessment for the proposed $15.5 billion water tunnel project promoted by Gov. Jerry Brown. The assessment claims that the plan “minimizes potential effects” on endangered fish in the Delta. The biological assessment will now be reviewed by the U.S. Fish and Wildlife Service and National Marine Fisheries Service and analyzed for potential violation on the ESA. A draft was received last fall. California officials are hoping to secure a decision before President Obama leaves in January. California Congressman Introduces Empowerment Zone Legislation Rep. Jerry McNerney (D-Stockton) has introduced  federal legislation, Revitalize Our Cities Act (HR 5498), to extend the federal Empowerment Zones program. The Act would open another 20 cities over the next three years that could include cities such as Stockton that need assistance but have been repeatedly left out of other federal funding programs. In empowerment zones, businesses that generate jobs in areas of high poverty or unemployment receive federal tax incentives. San Joaquin County has around 7.1 percent unemployment rate while the state average is 4.7 percent. Feds Awards Four TIGER Grants to California Cities California received  $40 million in four federal Transportation Investment Generating Economic Recovery (TIGER) grants to improve transportation. Three of the grants will improve transit service and the last will fund a one-mile road. The transit programs are $15 million to LA Metro for grade separation in Santa Fe Springs, $8.7 million to San Bernardino County for passenger rail service to Redlands, $6.3 million to Bay Area Rapid Transit to modernize Oakland’s 19 th Street Station, and $10 million to Live Oak to widen and upgrade one mile of Route 99, the city’s main street. Report Makes Recommendations for Healthy Land Use in Los Angeles Healthy, Equitable, Active Land Use (HEALU) Network released  “Strategic Opportunities to Create a Healthy, Equitable Land Use System in Los Angeles,” a policy brief address issues of health equity through land use. The brief has four key items to make Los Angeles a healthier and more equitable land use system. The first is increasing the percentage of public funds investing in health-promoting infrastructure in low-income communities. Second, is building capacity in the government, private sector, and community-based organizations for more engagement. The policy brief pushes for accelerated land use innovations and demonstration projects. The last is fostering cross-government collaboration to engage health and equity in all land use decisions. Ruling Complicates Development of Rail Yard at Port of L.A. A Contra Costa Superior Court Judge has ruled that the proposed BNSF Railway’s Southern California International Gateway project at the Port of Los Angeles must complete a “more robust and accurate analysis” of the possible environmental impacts. The ruling means the port and BNSF either improve the EIR, scrap the project altogether or appeal the decision. The proposed transshipment facility, to be located 185 acres four miles north of the port, would exceed local noise ordinances and generate 2 million trips per year from truck and trains. The ruling is part of a suit brought on by several groups in neighboring Long Beach; many have raised concerns about environmental justice, noting that the environmental impact report acknowledges that pollution form the facility "would fall disproportionately on minority and low-income populations because the census block groups are adjacent to the point of impact." Updates & Quick Hits The Los Angeles County Board of Supervisors unanimously voted to add Measure M, a half-cent tax increase proposal, to the November ballot to fund transportation projects. The proposal could generate $860 million per year. Starting in September in San Diego, smaller hotels, motels and short-term rentals will no longer have to pay a special room surcharge for tourism marketing. The city council voted that only lodgings with more than 70 rooms will pay the 2 percent on top of the city’s 10.5 percent room tax. The federal Department of the Interior approved the gaming compact for the North Fork Mono Rancheria tribe’s 305-acre casino complex north of Madera. However, a federal lawsuit is still pending which could affect start construction times. San Mateo City Council approved a rent-control initiative for the November ballot. The San Mateo Community Preservation and Fair Rent Charter Amendment seeks to cap rent increases at the regional consumer price index and instate just-cause eviction regulations. The rent-control measures would only apply to apartments built before Feb. 1, 1995 however all residents would receive protection against eviction without cause. The Sacramento City Council will vote on new rules for safeguarding, maintaining and removing trees on public and private land. The proposal would require a 15-day notice before city trees and some privately owned heritage trees could be cut down, with higher fines. Latham Square in Oakland has reopened after nearly three years of planning and construction. The square was enlarged and is now four times larger. Additionally there is a working fountain for the first time since 1941. The money for the project came from a state grand ($1.4 million), $3.8 from a half-cent sales tax revenue, $500,000 fro Alameda County Transportation Commission and $1.3 million in local funds. In the last year, Santa Monica issued 893 fines to local property owners and collected $20,000 from Airbnb, after enacting one of the strictest STR laws in the country. The city restricts its property owners from renting out homes or apartments on a short-term basis. Hosts who violate the law will pay fines of up to $500. Airbnb filed suit against the City of Anaheim after the city council banned short-term rentals and said home-sharing websites would be fined for illegal listings. The company says the city is violating the Communications Decency Act and the First Amendment. This is a similar lawsuit Airbnb is fighting in San Francisco. The new L.A. Football Club MLS team is proposing to build a massive athletic facility in Tustin on 85-acres of Navy-owned land surrounding a former blimp hangar. The plans for the site includes a 5,000-8,000 seat stadium, 18 sports fields, 12 baseball diamonds, a medical center, sports research lab, three hotels as well as a promenade with restaurants, stores and apartments.

  • CP&DR News Briefs August 15, 2016: CEQA's Economic Impact; S.F. Public Space Guidelines; Sacramento Urban Forest; and More

    Economic analysis firm BAE Urban Economics has released a report  “CEQA in the 21st Century Environmental Quality, Economic Prosperity, and Sustainable Development in California” contending that, contrary to claims by many developers and planners, the California Environmental Quality Act supports economically and environmental sustainable development. The report, sponsored by the Rose Foundation for Communities and the Environment, claims that CEQA does not have a dampening effect on California’s economy or on infill development and that concerns about frivolous CEQA lawsuits are overblown. Pointing to progressive developments in the state under CEQA, the report includes a number of significant findings, including: Legislative changes to CEQA aimed at streamlining the CEQA process to encourage  infill development  are working; between 2013 and 2015, legal challenges were filed in 0.7 percent of projects subject to CEQA review; California’s urban areas compare favorably to cities around the country with regard to the rate of infill vs. greenfield development; the state’s largest cities show ongoing improvement in walkability; and, when compared to other states, California produces the second highest number of affordable housing units per 100,000 residents in the nation.The report included a literature review of recent studies on CEQA’s impacts, legislation, legal findings, regulatory changes and their successes. San Francisco Seeks to Engage Community to Improve Public Spaces The San Francisco Planning Department released  the Public Space Stewardship Guide, which provides community groups, civic leaders, and private sector entities with models, case studies and ready-to-use tools for funding, programming and maintaining successful public spaces. “Parklets, plazas, Living Innovation Zones, and urban prototyping are transforming public spaces like never before,” said San Francisco Planning Director John Rahaim in a statement. “The Public Space Stewardship Guide is an invaluable resource for cities, neighborhood organizations, business owners, neighbors, and artists nationwide who want to activate and sustain successful public spaces.” The guide asserts that successful public spaces require cooperation between city leaders and communities. Additionally a successful public space requires funding, programming and maintenance. The guide includes 17 case studies in one of these five models: Event-Based Models, Grassroots Partnerships, Public/Private Partnerships, Self-Governing Special Assessment Districts, and Maintenance/Technical Assistance Partnerships. Each case study has strengths and weaknesses, and the collection represents the range of organizations, space types, “use levels” and budgets. Sacramento Seeks to Expand Urban Forest The Sacramento City Council approved  an ordinance to protect existing street trees and expand the city’s urban forest, which has historically been considered a nationwide exemplar. The ordinance will provide more clarity and accountability of how the city manages trees on public and private property. Additionally there will be a 15-day posting of a notice for city tree removals online along with a photo of the tree. The plan creates a funding source and regulations for planting new trees when older ones are removed. Fines can range from $250 to $25,000 a day for violations such as removing a tree without a permit or topping protected trees. Council members clarified a requirement that the tree removal permits are not issues before building permits, to ensure trees are not removed before a development is delayed or failed. State Awards $37.4 Million for Agricultural Preservation The Strategic Growth Council announced the awarding  of $37.4 million in grants under the Sustainable Agricultural Lands Conservation Program (SALC) this year to permanently protect 18,988 acres in 14 California counties. This $37.4 million in awards (pdf) will protect 18,988 acres of irreplaceable agricultural land and, by limiting development, will reduce emissions by eliminating an estimated 47 billion vehicle miles. The Department of Conservation’s Division of Land Resource Protection developed guidelines for the program, conducted public workshops, and reviewed 26 agricultural conservation easements, and funding 20 of them. By preventing agricultural lands from being developed SALC helps avoid increases in GHG emissions. Monterey County had five easement projects and a planning grant approved, the most awards of any county.  Developers in Limbo as S.F. Awaits Rules on Inclusionary Housing In June, San Francisco voters passed Proposition C to increase the affordable housing requirement to 25 percent of units for new market-rate projects. The Board of Supervisors passed subsequent legislation ordering a feasibility that could change the requirement based on economic analysis. With the study still pending, a recent report by the San Francisco Business Journal finds  that the delay has caused developers in the city to put projects on hold. The eight-member technical advisory committee that oversees the study was half appointed by the mayor and half by the Board of Supervisors. One major project in limbo is the 560-unit redevelopment of the former UCSF campus in Laurel Heights. The CEO of Prado Group, Dan Safier, told the Business Journal, “We will be considering the implications once the study has been completed and the Board has made its policy decision with respect to the study's findings."  Updates & Quick Hits A citizens group is challenging  Menlo Park’s General Plan, claiming that a recent update was inadequate. Voters for Equitable and Responsible Growth allege that the city’s CEQA analysis violates the minimum standards for traffic, housing, climate change and quality of life for Menlo Park and the surrounding communities.  Gov. Jerry Brown signed  a 25-year gaming compact between the state and Jamul Indian Village setting the terms under which the tribe will operate its casino. The Hollywood Casino Jamul in eastern San Diego County should open by the end of the summer and should employ more than 1,000 people. According to Zumper, rents dropped  in San Francisco (1.4 percent), Oakland (2.6 percent) and San Jose (2.6 percent) since July. The drops continue a recent trend of flattening or falling rents. The Sierra Club is threatening  litigation against San Diego County if sevearl development projects in rural San Diego County go forward. The club says the thousand of acres of development would undermine region and state’s efforts to reduce greenhouse gas emissions and fight climate change. City of Sacramento is proposing  a series of event-parking zones around the Kings’ new downtown Golden 1 Center area. The parking rates will be higher in a three-block radius around the arena. While Gov. Jerry Brown is trying to extend  the state’s cap-and-trade program, a bipartisan group of Assembly-members is renewing a request to audit the program. The goal is to provide more information to evaluate the success of the program before renewing for another decade. The state released  results of an audit of the City of Irvine for the performance review of the Orange County Great Park contract. The audit showed the consultants chosen did not apply rigorous standards, had poor transparancy, and the selection of the consultant was unfair. While Irvine disagreed with various conclusions, the city indicated it would implement asome recommendations. Four law firms have teamed up with resident John Eng to sue  Millennium Partners and the Transbay Joint Powers Authority in San Francisco for improper construction on the 58-floor condominium tower, which is now sinking into the landfill beneath it. The class-action lawsuit is seeking $500 million for the buildings 400 plus residents for diminution in value. Contra Costa County supervisors approved , 4-0, a proposed half-cent transportation tax that would generate $2.9 billion over 30 years for the November ballot. The potential projects would include connecting East County with the Tracy area, Vasco road safety improvements, widening Highway 4 in Brentwood-Oakley area, bicycle and pedestrian-oriented projects, and helping bring BART east from Antioch to Brentwood. The proposed Bay-Delta water tunnel project will now be directed  to State Auditor Elaine Howle to figure out how the project has spent an estimated quarter-billion dollars on planning and how the state plans to finance the multi-billion-dollar program. The audit request came from two legislators who represent parts of the Delta, where opposition to the project is very strong. The California Coastal Commission officials say the agency is resolving  temporary cash flow problems triggered by timing of grant payments and reimbursements. The agency has a bridge loan that will help pay back a $1.45 million loan from the state Department of Finance. Article composed with one of the best online HTML tools . Please purchase a htmlg membership to stop adding links to the edited documents.

  • CP&DR News Briefs June 27, 2016: San Diego Mobility Plan; L.A. Lobbying Expenditures; Earthquake Preparedness; and More

    The San Diego City Council unanimously adopted a revised Downtown  Mobility Plan  (pdf). The $63 million plan  seeks  to further the transportation goals laid out in the city’s recent Climate Action Plan. The plan includes the addition of nine miles of bike lanes and more than five miles of widened sidewalks. It will add multiple protected bike lanes, many of which will be converted traffic and parking lanes, and other “road diets” to increase the number of people who walk and bike downtown. It also increases curbside parking by converting many parallel spaces into angled spaces. The plan addresses complete streets, pedestrian movement, bicycling, transit, vehicular traffic, transportation demand management, parking, intelligent transportation systems, airports, stormwater, and implementation. One of the most notable goals is that of increasing bicycle commuting from 2 percent of downtown workers to 6 percent by 2020. Los Angeles Ethics Commission Tallies Developer Lobbyist Expenditures According to the city’s Ethics Commission, developers  spent  a record amount on lobbying in the first quarter of 2015: $13.5 million. Nearly half of the money was spent on ten lobbying firms, most of which are involved with securing entitlements and general plan amendments for proposed developments. Nine of the top ten spent combined $1.4 million for various building projects and the tenth, Clear Channel (a billboard company) was fifth and spent $155,000 in the first few months of the year. This money goes to council members, commissioners or city staff. Some projects include the Palladium Residence in Hollywood or the new stadium for Major League Soccer stadium in Exposition Park. The biggest spender was CRE-HAR Crossroads SPV LLC with $220,660 in pursuit of approvals for hotels, shops, homes and offices surrounding the Crossroads of the World shops in Hollywood. Spending on billboard-related lobbying was around $545,000 because of a recent ordinance about digital billboards. The flurry of lobbying comes in advance of the March 2017 vote on the Neighborhood Integrity Initiative, which could freeze all development that does not conform with existing zoning. (See prior CP&DR  coverage .) Southern California Ill-Prepared for Earthquake Risk According to a  report  published by the Southern California Disaster Risk Initiative Committee, the region is not prepared for the inevitable disaster of the next large earthquake. The committee is comprised of business, public policy and utility leaders in Southern California. One of the areas that needs immediate attention is Cajon Pass, located on the San Andreas fault, with multiple combustible natural gas and petroleum pipelines electrical transmission lines, train tracks and Interstate 15. Fixing this is a daunting task, pushing for change is Southern California Edison, Southern California Gas Co., Walt Disney Company and Wells Fargo. The report contends that having the entire region prepared for an earthquake is impossible, however small but meaningful steps can be taken. For instance for Cajon Pass, creating shutoff valves on both sides of the fault to automatically turn off during an earthquake. Other areas that must be fixed are water pipes and natural gas lines throughout Southern California and retrofitting collapse-prone buildings. The report contends that many large businesses and local politicians are unaware of the worst-case scenario for the next earthquake, in which water and power could be off for weeks and tens of thousands could be out of housing. Additionally many Californians don’t know their neighbors, which will hurt neighborhoods’ ability to recover. Multiple Homelessness Plans Considered in Los Angeles Los Angeles voters will  consider  one of two measures designed to address homelessness on the November citywide ballot: a new parcel tax or a $1.1-billion housing bond. Public polls show the bond having a better chance of passing in November, and it has support from many City Council member. But analysts feel the parcel tax would offer more flexibility and financial freedom. The city will decide by mid-August which measure will proceed. Mayor Eric Garcetti has pushed for increased budget for homelessness initiatives, and the city adopted a plan that would require at least $1.85 billion over the next ten years. The parcel tax would generate $102 per parcel, with nearly $80 million a year. Separately, Los Angeles County Supervisor Mark Ridley-Thomas is lobbying for the county to impose a “millionaires’ tax” that would help fund homelessness programs. Tax-Free Stadium Plan Proposed in San Diego San Diego City Councilman Carl DeMaio is  advancing  a new plan to privately fund a sought-after $1.5 billion Chargers stadium. The plan eliminates a convention center annex and obviates the need for a proposed tax increase that would pay for it. His plan relies on investments by fans and investors, spending between $5,000 and $700,000 each. Instead of the “convadium” ballot initiative that would include a convention center, DeMaio’s plan would substitute a 250-room hotel whose rooms would overlook the stadium field as well as retail center, fitness club, restaurants and other attractions. DeMaio criticizes San Diego hoteliers for not making their own plans while being worried about the convadium losing business but still allowing the Chargers to be the only leadership on the subject. DeMaio says his plan is the only one with the San Diego taxpayers in mind. His 41-page report outlines ten different financing solutions to privately fund the stadium. For instance, if the stadium is built near UC San Diego and San Diego State, the schools will contribute $125 million to the project. DeMaio proposes a mail ballot election in November that would counteract the Chargers’ proposal but keep the general concept of a sports and entertainment center so that it would not be subject to new environmental legal challenges. (See prior CP&DR  coverage .) Report: Traffic Tops List of Californians’ Concerns The Public Policy Institute of California released a  report  about traffic congestion in the state. The report shows 58 percent of Californians say traffic congestion on freeways and major roads is the biggest problem in the region. These numbers are consistent with findings found ten years ago, when 64 percent said it was the biggest problem. The areas with the biggest concerns over congestion are LA County, Bay Area, Inland Empire and Orange County/ San Diego Counties. The report also found that 68 percent of Californians say they usually commute alone, which is a decrease of two percent from 2006. In the Bay Area, 24 percent commute by public transportation, and in LA County 11 percent. The majority of stateside respondents said more money should be spent on roads, highway and bridge maintenance, with public transit and freeways as the top priorities. While there are multiple ways to fund the gap in infrastructure, 61 percent of adults say they support the issuance of state bonds as opposed to increases in local sales tax to fund transportation projects. L.A. City Attorney Files Criminal Charges over Airbnb-Related Evictions For what may the first time in the country, criminal charges have been  filed  against a building owner that evicted tenants to offer the site for rent on Airbnb. Los Angeles City Attorney Mike Feuer has changed an owner with six misdemeanor charges for violating city zoning, building code, rent- control laws and a civil suit, which should send signals to other landlords about breaking the city’s rent control laws. As Feuer said at a news conference, “given that shortage of affordable housing, illegally converting rental units to hotels or short-rentals has got to stop.” The complaint says the tenants were evicted under the Ellis Act, which requires landlords to pay relocation fees and notify tenants within five years. This is one example of the housing market in L.A. more than 1,000 rent-controlled apartments were taken off the market. Many of the attorneys and tenants blame Airbnb for the illegal converting of apartments. Updates & Quick Hits A Costa Mesa association of business owners is  filing  a lawsuit against the city for allowing an Islamic cneter to open a 6,000 square-foot center near John Wayne Airport. In February, the planning commission denied the proposed center but in March the City Council approved it on a 3-2 vote. The business group says it is worried about property rights and parking issues. California lawmakers  approved  a streamlined permitting process that would allow marijuana growers to divert water from streams. This new process will make it simpler for regulators to protect streams and fisheries from the effects of marijuana growing operations. However, it allows growers to bypass the CEQA permitting process and instead pay $5,000 to divert. Rancho Mirage is  annexing  320 acres of tribal land for a 1,200 unit 55-and-older community. The City Council approved a tentative tract map and will submit application for annexation with the Riverside County LAFCO. The land is owned by the Agua Caliente Band of Cahuilla Indians and the discussion now is whether a federal environmental impact statement prepared by the tribe met CEQA standards. UC Merced announced that it will  expand  classrooms, dorms and labs for an additional 4,000 students over the next half-decade. The $1.14 billion project, overseen by Plenary Properties Merced, will dramatically increase the footprint of the university, which opened in 2005 and currently enrolls 6,600 students. Construction should be completed by 2020. The City of Alameda  rejected  a rent stabilization ordinance’s funding plan. The ordinance came into effect in March and will cost $1.95 million administratively annually. The city proposed offsetting the cost by having landlords pay $31 per unit, of which fifty percent could be passed on to tenants. This was rejected and Vice Mayor Frank Matarrese wanted more information on how other cities pay for these ordinances, without creating more bureaucratic work. (See prior CP&DR  coverage .) The board of the LA. County Metropolitan Transportation Authority  approved , 11-2, an expenditure plan that will likely lead to a sales tax measure for the November ballot. Included in the project are new subway line from San Fernando Valley to LAX, extensions to connecting communities and would have a “no sunset” provision which would provide ongoing financing to dozens of major transportation projects. The L.A. County Board of Supervisors will vote in August to officially place the measure on the November ballot.

  • CP&DR News Briefs August 1, 2016: San Jose Housing Lawsuit; Survey of Environmental Attitudes; Reckoning for Delta Tunnels, and More

    Housing activists, including Urban Habitat and Housing California, are suing city of San Jose for a policy shift that undercuts state the Surplus Land Act, a state law designed to encourage affordable housing on public property. State law requires residential developments on public lands to include some affordable housing, but the city has given exemptions to developers building high rises downtown. The plaintiffs say these exemptions will lead to less affordable housing being constructed downtown and are seeking an injunction. City attorney Ricky Doyle says the city can make the policy changes because San Jose is a charter city and the law in question does not apply to charter cities. Survey: Californians Still Support AB 32 GHG Reductions Public Policy Institute of California released findings on a statewide survey on Assembly Bill 32, the decade-old law mandating reduction of GHG emissions, indicating sustained support for the state’s efforts to combat greenhouse gas emissions. The telephone survey included 1,703 Californian adults from July 10-19th 2016. When asked about the law in general, 69 percent were in favor and 19 percent opposed. In response to a proposed law that would set more ambitious targets, 68 percent of adults were in favor of 40 percent below 1990 levels by 2030. Those surveyed thought actions to reduce warming would create more jobs (40 percent adults) or no effect (29 percent). A majority of Californians (55 percent) say they have never heard of the state’s cap-and-trade system, which is a key component of AB 32. PPIC finds that the drought is still the most important environmental issue facing the state (38 percent) and air pollution was second (13 percent). Delta Tunnels Face Key Decisions; Land Surveying Can Proceed Gov. Jerry Brown’s proposed $15.5 billion water tunnels are approaching some key junctures. Public hearings this week, and, at the same time, project planners will be securing declarations from two U.S. regulatory agencies that the tunnels will not violate the Endangered Species Act. This is the most urgent hurdle and should be completed before the November election or the project could get put on hold for years. Another vital decision to be made in the next few weeks is whether the south-of-Delta water agencies, primarily responsible for paying for the tunnels, choose to be on board. The state Supreme Court last week ruled government officials do not need to go through formal eminent domain process before surveying private property for the tunnel project. The courts acknowledge the number of days set aside for a survey were “not insignificant” but that landowners would retain full possession of the property and no significant damages were anticipated. L.A. Metro Seeks to Improve Access to Parks The Los Angeles County Metropolitan Transportation Authority board of directors approved a “Transit to Open Spaces and Parks” motion to address equity of park access in Los Angles County. Over 50 percent of the county’s population has a “very high” or “high” park need according to a recent county assessment. The plans are expected to be completed by October and will include opportunities for transit access, funding sources, and recommendations. A SCAG 2008 Environmental Justice report found a lack of public transportation options to national parks and a “very limited” access to state parks. With Metro’s Measure M sales tax increase on the ballot for November, the county may have sufficient resources to fund park accessibility. Major Overhaul Planned for Redondo Beach Waterfront Redondo Beach City planning department released an EIR for new plans to develop the 36-acre waterfront village. More than 500,000 square feet of new development, developed by CenterCal, would include public market, retail and restaurants, boutique hotel, creative office space and a specialty cinema. The plans include walking and bike paths, as well as enhancements to public space in the waterfront area. Critics of the plan fear that it will diminish the distinctive character of the city’s historic pier and waterfront and turn it into a generic retail and entertainment destination. Klamath Dam Removal May Be Approved by Year’s End A long-awaited plan to remove and decommission four dams long the Klamath River may go before a federal agency by the end of the year. The agreement must go before the Federal Energy Regulatory Commission as well as get water quality permits from both California and Oregon. A nonprofit company, Klamath River Restoration Corporation, took ownership of the dams and is in charge of submitting the plans to the federal agency. The company is expecting significant litigation on accusations of secret meetings, lack of transparency and lack of authority. Other concerns include endangered species and sediment in the reservoir. A separate agreement known as the Upper Klamath Basin Comprehensive Agreement would ensure irrigators receive more water for their land than would be allowed. Group Releases Online Tool for Environmentally Friendly Development Bay Area transportation advocacy group TransForms has released GreenTRIP Connect , a website that helps users calculate “how smart location, affordable homes and traffic reduction strategies can reduce driving and GHG emissions from residential development”. The site is designed as a tool for community members, city officials and developers. The goal is to help communities provide more affordable homes and transportation while evaluating impacts on traffic and air pollution. The tool allows users to identify a parcel of land considered for development and calculate transportation benefits of locating in a walkable community near transit. Alameda County Seeks to Preserve Restrictions on Gun Shops Alameda County Supervisors are asking a court to uphold its countywide zoning restricting the locations of gun shops. Pro-gun groups are challenging the county’s 1998 ordinance prohibiting new gun shops in areas within 500 feet of residential neighborhoods, schools, day care centers, liquor stores or other gun shops. While the Second Amendment gives the right to bear arms, the county argues it does not need allow any place to sell weapons. The U.S. Court of Appeals in San Francisco voted, 2-1, to revive a lawsuit challenging the ordinance and said the county must justify the zoning restriction by providing evidence that gun stores are magnets for crime. Updates & Quick Hits In July Los Angeles County supervisors voted , 3-2, to place a marijuana that would fund housing and health services for the homeless on the November ballot. That vote was nullified two weeks later when the author of the measure introduced a motion to rescind it. In Long Beach, the Queen Mary Land Development Task Force adopted six guiding principles for redesigning the 56 acres surrounding the landmark ship. Most importantly, the large parking lots will be converted to waterfront promenades with a transit hub. The new development must have public access, connectivity and a complete community. Peninsula Open Space Trust has been purchasing farms along the San Mateo County coast to preserve farming and open opportunities for young farmers amid the high real estate prices. The plan for the four farms totaling 153 acres is to place a conservation easement on the title so the property cannot be developed. The Mission Bay Alliance, opponents of the Warriors arena in Mission Bay, said they will take the case to the California Court of Appeal after losing last month. The group says San Francisco city officials violated CEQA when they signed off on an incomplete 2,300-page EIR. Los Angeles put out a call to develop homeless housing in eight city-owned properties. These sites include parking lots, vacant parcels, and city facilities with excess land. The city has an $138 million plan to address homelessness in the next year, as well as a $1.2 billion parcel tax measure on the November ballot. The Humboldt County Planning Commission has approved its first two commercial medical cannabis farms- a quarter-acre farm and a 7-acre one. In January the county’s commercial medical marijuana program set land use regulations and created a permitting system for commercial cannabis operations. Edited with the online HTML5 editor . Please subscribe for a htmlg.com membership to remove similar messages.

  • CP&DR News Briefs, May 9, 2016: Coastal Commission to Vote on Banning Ranch; Feds May Aid Salton Sea; Housing Group 'Sues the Suburbs;' and More

    In a reversal of a previous recommendation, the staff of the Coastal Commission has recommended approval, with conditions, of a controversial development for Banning Ranch, a 401-acre parcel in Newport Beach. The new staff recommendation increases the amount of developable land from 19 ares to 55 acres, with most of the remaining land set aside as a nature preserve. As proposed, Newport Banning Ranch would include an upscale hotel, retail space and around 900 homes. The Newport Beach city council had approved the development years ago and subsequently won a court challenge by environmentalists, saying the Coastal Commission had final approval. Proponents of the project note that the parcel is far from pristine, as it is a working oil field. Opponents say the project needs to be reduced drastically because, despite the oil operations, it serves as an Environmentally Sensitive Habitat Area for the California gnatcatcher and endangered San Diego fairy shrimp. The commission will vote May 12. Federal Legislation May Aid Salton Sea U.S. Senators Barbara Boxer (D-CA) and James Inhofe (R-OK) introduced a bill that would ask the U.S. Army Corps of Engineers to partner with local governments and other agencies to address fragile ecosystems such as Salton Sea, Lake Tahoe, and Los Angeles River. The Salton Sea poses a serious public health hazard as the decline of the water exposes more dirt. The area is a major bird sanctuary and the air quality issues are harming the critical habitat. This Water Resources Development Act would give the Army Corps the authority it needs to provide long-term assistance to the sea. The Act would also address aging infrastructure, aid regions suffering from the drought and provide funds for projects like desalination and groundwater recharge. Housing Advocacy Group Sues Bay Area Cities The San Francisco Bay Area Renters' Federation (SFBarf) has begun its "sue the suburbs" campaign to force small cities to increase density amidst the growing housing supply issue. Lafayette is the first city being targeted because it scrapped a plan to build high-density housing on 22 acres north of Highway 24 and is located near BART. The city opted for 44 single-family homes instead of the 315 units planned. SFBarf is suing because of the state's Housing Accountability Act, which stops cities from rejecting development for arbitrary reasons. SFBarf is hoping to teach other municipalities a lesson against construction and housing growth. The group is funded primarily by Yelp CEO Jeremy Stoppelman who says the lack of available housing has "choked off the growth potential" for companies in the Bay Area. In response to SFBarf, residents group Save Lafayette is now suing the city to have a ballot referendum that would allow voters to reverse the zoning plan for the future development area. Rents May Be Topping Out in S.F., Poll Finds A recent poll shows that high cost of living is promoting up to one - third of Bay Area residents to consider leaving the region. In the poll of 1,000 people ( pdf ), conducted by Bay Area Council, the top three reasons were high living costs, low housing supply, increasing traffic times. Around 60 percent of residents think additional housing should be built outside the nine-county region and 84 percent want better transportation networks between the Bay and surrounding cities. However, as President and CEO of the Bay Area Council Jim Wunderman said this will only push lower-income families farther away and mean commuters will travel farther distances. Housing supply in the Bay Area has shrunk, with a shortage of 50,000 homes per year. In a separate Bay Area Council poll on commuting habits ( pdf ), 83 percent of residents said traffic will never improve. While some counties like San Francisco want transit planning to stay local, the majority of residents in the area want a regional transportation plan. Counties Sue to Stop Purchase of Delta Islands San Joaquin and Contra Costa counties sued  the Metropolitan Water District to stop the $175 million purchase of five islands in the Sacramento-San Joaquin Delta. A judge has refused to block the controversial purchase. Now the deal's opponents will seek a preliminary injunction at a May 19 hearing, the purchase will be made in June. They say MWD should not be able to buy the land without undergoing the CEQA process. MWD says it will use the land to store dirt and construction equipment for a proposed multibillion-dollar water tunnel project and will comply with CEQA when it decides what to do with the property. Forces Line Up to Support, Oppose SANDAG Funding Measure The San Diego Association of Governments will vote on a proposal Friday that would raise up to $18 billion on roads, transit and parks in the region. San Diego Mayor Kevin Faulconer, the county Republican Party, green groups and La Mesa City Council will vote against the plan that would a half-cent sales tax increase. San Diego could expect $1.812 billion while the smallest city, Del Mar around $8.3 million and SANDAG would keep roughly $12.5 billion for the numerous construction projects it has planned. The SANDAG board approved the measure and the initiative will go to county supervisors before appearing on the November ballot. Criticism ranges from low-income communities paying high proportions to spending too much on mass transit while majority of residents commute in cars or prioritizing freeways and interchanges instead of only mass transit. Currently, polls show between 67.8 to 62.2 percent support from voters. Report Ranks U.S. Cities According to Brownfield Redevelopment Potential Arcadis, a Dutch design and environmental consulting firm released its Urban Land Restoration Index ( pdf ) that ranked development potential for 27 U.S. cities. In California, San Francisco was ranked 6th and Los Angeles 19th it and San Diego was 25th out of 27 U.S. cities in attractiveness for commercial development restoration. San Diego was ranked worst for cleanup costs and 24th for real estate opportunities. All three of the cities were ranked high on the cost for cleanup spectrum. A major factor in the high rating was the city's stringent regulatory requirements. While these are common in other major cities, San Diego has a much slower economy and fewer developers interested in cleaning up brownfield sites. A local real estate consultant, Gary London, says San Diego has very few brownfield sites as majority have been cleaned up in the past three decades. The main brownfield site is the 8-acre MTS bus yard that may become the new Chargers stadium. In Los Angeles, a 160-acre former aircraft and aerospace facility was converted into a 800 thousand resident community that stimulated $800 million in private investment, $45 million in lease and tax revenues. Bill Would Ban Ex Parte Communication between Coastal Commissioner, Developers State Senator Hannah-Beth Jackson, of Santa Barbara, wants to introduce legislation to ban California Coastal Commissioners from ex parte communication with developers to restore the public's confidence in the Commission. Since 1992, commissioners have been required to disclose the contact within seven days with pertinent details. Of the disclosure forms reviewed by the Los Angeles Times, two lobbyists account for 42 percent of communications related development interests. Jackson hopes to eliminate these systems but opponents say these are crucial to giving developers extra time with commissioners for questions. Slow Growth Campaign Proceeds in Santa Monica Resident activist group Residocracy has collected enough signatures to file the Land Use Voter Empowerment (LUVE) to qualify for the November ballot in Santa Monica. The campaign gathered 10,000 signatures for an initiative that would give greater control to voters for large developments in the city. The goal is to stop alleged over-development and require voter approval for Major Development Review Permits and major changes in the City's Land Use Policy Documents. The group successfully lobbied for down-zoning of the city's award-winning LUCE last year. (See prior CP&DR coverage.)

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