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- Published: No CEQA Exemption For Stadium Lights
Apparently there are limits to exemptions under the California Environmental Quality Act – at least in San Francisco. When St. Ignatius High School in San Francisco’s Outer Sunset District proposed erecting stadium lighting on 90-foot poles, the Board of Supervisors exempted the project from CEQA, based both on the Class 1 categorical exemption (existing facilities) and the Class 3 categorical exemption (minor structures). Neighbors sued, claiming the lighting project didn’t qualify for the exemptions. San Francisco Superior Court Judge Rochelle East ruled in favor of the city – but in a ruling on November 18, the First District Court of Appeal reversed Judge East’s ruling. Though it was originally unpublished, the ruling was published by the First District on December 6, meaning it can be used as precedent. Temporary lights already exist at St. Ignatius. The permanent lights would be mounted on four 90-foot light poles. In approving the project, the Board of Supervisors placed significant restrictions on the use of the lights, including requiring that they be turned off at 8:30 p.m. except for 15 nights a year, when they could stay on until 10 p.m.
- CP&DR News Briefs November 22, 2022: Carbon-Neutral California; Burbank SB 35 Project; Vallejo Housing Suit; and More
State Seeks Carbon Neutrality by 2045 The California Air Resources Board released its plan for achieving carbon neutrality by 2045, a proposal that relies on increased electric vehicle use and renewable energy such as wind and solar--in addition to many land-use initiatives already underway. According to state law, officials must plan to reduce emissions by 48% by 2030 and 85% by 2045, and their newest proposal invests in clean energy sectors that will promote economic growth. Officials also plan to implement prescribed burning to minimize wildfires and their emissions. However, as the world's fourth largest economy, California has a lot to achieve; by 2020, emissions had only reached 14% below 1990 levels. If approved by the air board at its December 15 meeting, the plan will move forward, but experts have criticized the strategy for its reliance on other agencies and failure to consider bureaucratic obstacles. The final proposal is available to the public online. Burbank to Face Another SB 35 Housing Proposal Now that Burbank has settled its SB 35 lawsuit with a developer who wants to build housing at the Pickwick Bowl, another developer in the Rancho neighborhood has applied for SB 35 approval of a housing project. Butterfly Gardens LLC has switched its proposed project from 23 office pods to 21 townhome units under SB 35 on a parcel almost adjacent to the Los Angeles Equestrian Center. Proposed redevelopment of the Pickwick Bowl site in the same equestrian-oriented neighborhood stimulated a major battle over whether SB 35 applied. (See previous CP&DR coverage here and here .) Residents Sue Vallejo over Supportive Housing Project Vallejo is facing a lawsuit from two American Canyon residents who are opposing the city's 48-unit supportive housing project due to environmental, traffic, and noise burdens, claiming that Vallejo violated the CEQA when it approved the project with an exemption from CEQA review. The two residents also suggest that the project, with its 48 studio apartments, will detract from the existing single-family residential neighborhood. Vallejo approved the project one month before the lawsuit, along with a deed restriction to ensure its status as a supportive housing project for the next 55 years and an acquisition agreement that authorizes the city to acquire the property as soon as construction is completed. State Refines Tsunami Hazard Maps & Evacuation Routes The California Geological Survey has introduced new tsunami hazard area maps that measure tsunami risks and plans for evacuation routes in Ventura, San Diego, Marin, Napa, Santa Cruz, Solano, and Sonoma counties. Los Angeles and Orange counties, as well as eleven others, have received updates over the past year. While changes in risks remain minimal from thirteen years ago, the new maps expand upon those last published in 2009 with new data and technologies. The state has reiterated that tsunamis are not a major threat in California, though preparedness is always important considering the 26.3 million residents who live along the California coast. (See related CP&DR coverage .) Two California Rivers Named "Most Endangered" American Rivers announced its list of the United States' ten rivers that are most endangered due to global warming and environmental injustice in 2022. At the top of the list, the Colorado River, which reaches California's southeast border and provides water for 40 million U.S. residents, was spotlighted for its declining water levels that have threatened the lives of 30 federally recognized Tribal Nations and seven states. Meanwhile, the Lower Kern River took seventh place, and the Los Angeles River came in ninth place. American Rivers also recommends several actionable solutions, including empowering Trial Nations' and frontline advocates' leadership to propel racial and economic justice as related to water security. CP&DR Coverage: Ballot Measure Roundup Last week, voters in cities across the state faced the choice of whether or not to make planners’ lives harder. In most cases, voters rejected anti-housing measures and approved pro-housing measures—mirroring state legislators’ enthusiasm for policies that promote housing. Among over 50 local land use measures proffered on city, council, and special district ballots on November 8 — the most in recent memory — measures that called for financing and/or development of affordable housing were approved widely and by wide margins. Measures that sought to accommodate more housing via general plan updates and new zoning--changes likely to be palpable to residents--had mixed results. Quick Hits & Updates A lawsuit from seven San Diego residents claiming that city officials are responsible for heightening generational poverty and segregation by clustering low-income housing in less wealthy neighborhoods will move forward. The residents argue that the city's policies are out of compliance with state and federal housing requirements. Responding to housing pressures, the Santa Cruz City Council has approved in a 5-2 vote new objective design standards and zoning changes. The city will now have material and tree requirements and will update zoning from community commercial to high- and medium-density mixed use in over 350 parcels. Once an environmental review is conducted on the redevelopment of San Diego's central Embarcadero, including its Seaport proposal, Port Commissioners will vote on whether or not to spend $3.5 billion on the megaproject. The development would include 16 acres of green and open space, over 2,000 hotel rooms, 230,000 square feet of retail and restaurant space, piers and marinas, an event center, a tech campus, an aquarium, and much more. The League of California Cities is voicing opposition to an anti-local ballot measure that is slowly moving forward to the November 2024 ballot. The California Business Roundtable ballot measure, composed and advanced by several major corporations, would primarily reduce local taxing authority. Oakland officials are considering implementing an enhanced infrastructure financing district that would fund affordable housing and infrastructure improvements throughout the city using property tax revenue. Officials have suggested they will primarily invest in Black neighborhoods that have seen severe impacts from racist planning policies. Brightline West's high-speed rail extension from Rancho Cucamonga to Cajon Pass is moving forward and under environmental review, with public hearings having occurred on November 12 and 15. The momentum is pushing forward Brightline's greater plan for a rail line from Los Angeles to Las Vegas. Nonprofit group Trust for Public Land has purchased a property along the Ventura County coast from the original private owners for $25 million with the intention to hand the acreage over for protection to the Santa Monica Mountains National Recreation Area. The Hoopa Valley tribe has filed a lawsuit against the federal government, claiming that the Biden administration has allowed for the destruction of the northwestern Trinity River that it depends on. Additionally, the tribe argues that the administration has allowed contractors to extract water without contributing to restoration projects. Los Angeles has completed the most apartment conversions this year nationwide, according to a report from Rentcafe. The city transformed offices and commercial buildings into 1,242 units and also leads in pending conversions, with 4,130 apartments planned for completion. Billionaire MacKenzie Scott unexpectedly donated $2.4 million to the Greater Sacramento Urban League, a nonprofit seeking to construct a mixed-use housing development in Del Paso Heights. This is the largest donation offered to the nonprofit, which typically offers job training and housing assistance. Brightline West will purchase five acres of land in Rancho Cucamonga to develop the Cucamonga transit station along the high-speed rail from the Inland Empire to Las Vegas. The Florida-based company is in the process of developing its 170-mile interstate electric train along the 15 Freeway. Between 2011 and 2020, the southern Sierra Nevada lost over one-third of its forests due to wildfires, drought, and bark beetle infestations. Due to the reduction in density, thirty percent of conifer forests in the area are no longer considered forests. The Indio City Council has approved its first comprehensive zoning update since the 1990s. The Unified Development Code, which aligns with the 2040 General Plan, is intended to allow for more a more livable and vibrant city.
- Legal Briefs, November 19, 2022
Short-Term Rental Ordinance Doesn’t Violate Vested Rights.
- CP&DR News Briefs November 15, 2022: Olympic Valley Resort; 469 Stevenson EIR; Chuckwalla National Monument, and More
Placer County Supervisors Reject Resort Development at Olympic Valley A large development proposed at Tahoe's Olympic Valley, adjacent to Palisades Tahoe ski area, will not move forward after the Placer County Board of Supervisors unanimously voted to reverse its approval in response to a lawsuit from environmental nonprofit Sierra Watch. The developer, Alterra Mountain Company, intended to construct high-rise condo hotels, a rollercoaster, and a 90,000 square-foot waterpark, all on a massive scale that would significantly impact the mountainous landscape and its ecosystems. In response, residents and volunteers fought against the project alongside Sierra Watch to prevent further damage to the area, increased traffic, reduced workforce housing, heightened fire risk, and restricted water supplies. (See related CP&DR coverage .) Report Contradicts S.F. Supervisors' Claims about Controversial High Rise Proposal The draft environmental impact report for 469 Stevenson, a proposed 495-unit San Francisco housing development, suggests that concerns from the Board of Supervisors about gentrification and displacement are unfounded, largely because the development is replacing a parking lot and therefore does not have a direct impact. While UC Berkeley researchers suggest 10 to 41 households may be indirectly displaced, the report indicates affordability requirements, such as the inclusion of 73 affordable units and $8 million for other low-income projects, will minimize impacts. In response to arguments that the project would harm historic and cultural resources and pose an earthquake safety risk, the report offered mitigation measures for heavy machinery used during construction and emphasized that the foundation would be seismically safe. (See related CP&DR coverage .) 700,000 Acre National Monument Proposed Southeast of Joshua Tree National Park A new national monument intended to identify 700,000 desert acres as land for recreation and protect ecosystems and important cultural and historical sites may soon be placed along the southern edge of Joshua Tree National Park. The initiative involves the Chuckwalla National Monument, which gets its name from a lizard that lives in the Sonoran and Mojave Desert. The Protect California Deserts campaign, which is behind the move, is hoping to create a resource for the surrounding community and additionally plans to add 20,000 acres of state land to the national park. In order to come to realization, the Biden administration must issue an executive order, or Congress would need to approve the monument. California Coast Faces Increasingly Rapid Sea Level Rise Sea level rise is accelerating at different rates along the California coast, with Humboldt Bay experiencing the fastest rate on the West Coast, according to a new report from the California Ocean Protection Council. Humboldt Bay's decline is due to tectonic activity allowing the coast to sink, which could lead to a one foot rise by 2030 and 3.1 feet by 2060. Intense storms, also a result of climate change, are exacerbating the issue. Homes, wastewater treatment plants, part of Highway 101, and a nuclear waste storage facility could all face consequences. (See related CP&DR coverage .) CP&DR Coverage: Deep Dive into Redondo Beach "Builder's Remedy" Project Amid Redondo Beach's longstanding aversion to new development, a developer purchased an outdated power plant in 2018, and in August submitted a preliminary proposal for One Redondo, a large mixed-use development that includes a hotel, retail and office spaces, 22.5 acres of green space, and, most notably, 2,290 housing units. Importantly, 458 of which are low-income. The combined projects have drawn criticism from both city officials and residents, many of whom have long opposed the development of housing in part on the grounds that, regardless of housing pressures in coastal California, more residents will strain the city’s streets. “Builder’s Remedy” laws, codified primarily in the 1990 Housing Accountability Act and put into play by ambitious Sixth Cycle RHNA goals, may enable the project might go forward whether the city likes it or not. Quick Hits & Updates After hearing hours of public comments, Beaumont officials unanimously rejected a general plan amendment that would have permitted a proposal for a 1.2 million square-foot warehouse project called Summit Station's to move forward. In response to complaints from homeowners, the San Diego Planning Department has formulated a plan to redefine "transit priority areas." The change would include a new category, "sustainable development areas," which identifies areas within a one mile radius along pedestrian pathways rather than a half-mile around a transit stop to ensure that locations are accessible. The homeowners remain unhappy, but city officials are concerned they just want to reduce housing density overall. Five California tribal nations will reclaim stewardship over coastal land with $3.6 million in state support. Over 200 miles of coastline and marine ecosystems will receive protection from the tribes as part of the Tribal Marine Stewards Network. The tribes plan to monitor salmon populations, test for toxins, and pass on knowledge to future generations. The California Association of Realtors has released an apology for its part in worsening racial segregation. The group is now working to confront its history, collaborating with nonprofits that focus on racial equity, supporting a bill that would overturn a law that complicates affordable housing construction, and committing to improving intergenerational wealth for Black households. The new nine-mile Arrow train service from San Bernardino to Redlands is open for riders. The train will operate over twenty trips per day and one daily express train between Downtown Redlands and Los Angeles' Union Station. (See related CP&DR coverage .) The Napa City Council has voted unanimously to adopt its 2040 General Plan, which includes significant input from the General Plan Advisory Committee (GPAC), formed to improve community outreach. The GPAC's members include local residents who collaborated with city staff. Gov. Gavin Newsom's approval of a bill that prohibits new oil and gas wells from operating within 3,200 feet of community areas has been met with a referendum proposition to reverse the law. A lobbying firm that represents Exxon Mobil and Chevron has started gathering the 623,000 signatures it needs to place the proposition on the 2024 ballot. Since San Francisco will not be able to meet a rail loop construction deadline, the city must return a $15 million grant from the federal government intended to help the city make Market Street car-free. Construction on the F loop has been indefinitely postponed.
- Santa Cruz Student Housing Moves Closer To Construction
In the latest legal twist in a long-running development battle, a judge in Santa Cruz has ruled that the University of California did not err in its environmental review of a student housing project that will infringe on a prominent meadow on the campus.
- Redondo Beach Braces for Massive "Builder's Remedy" Project
While Santa Monica has been contemplating the impact of a proposed 4,000 units that may be thrust upon it by as many as 15 “Builder’s Remedy” projects, nearby Redondo Beach – another coastal city that is similarly wary of development – may receive more than half that number of units in the form of a single project. On August 10, the Department of Housing and Community Development declared the city’s Housing Element out of compliance relative to its Sixth Cycle Regional Housing Needs Assessment numbers. That determination created the opportunity for developer Leo Pustilnikov to file plans for a 2,290-unit project on a parcel he has long owned and leapfrog over longstanding city objections. For decades, the 49-acre parcel, which is one of the most attractive pieces of beachfront real estate in Redondo Beach — or anywhere else in California — has been occupied by the AES power plant. The plant will continue operations into 2023, though it has been slated for decommission for some time, in part due to its once-through cooling system which cycles ocean water in and out of the plant, stressing the local ecosystem. Pustilnikov, acting through an LLC, purchased the property in 2018, and in August submitted a preliminary proposal for One Redondo, a large mixed-use development that includes a hotel, retail and office spaces, 22.5 acres of green space, and, most notably, 2,290 housing units. Importantly, 458 of which are low-income, meeting the Builder’s Remedy 20% affordability requirement. This followed a proposal he submitted in July for a smaller redevelopment project across the street.
- Legal Briefs November 2022
Lincoln EIR Inadequate on Conservation and Transit
- Sonoma County Weighs Open Spaces vs. "Missing Middle" Housing on Shuttered Hospital Site
A contentious three-year planning effort to redevelop a former state mental hospital in Sonoma County is coming to a close, with land use decisions expected by the Board of Supervisors during December—or else the state takes back control of the property. Current proposals call for allowing a development that has 1,000 housing units and creates 900 jobs in retail and offices uses on the site of the Sonoma Developmental Center (SDC), which closed in 2018. Those numbers could increase if the state takes control. Local residents are asking for only 450 units, while developers are expected to propose a far higher number. Affordable housing and open space preservation are expected to be hallmarks of whatever is approved. The board is expected to act at a special December meeting to approve a specific plan and EIR for the 945-acre site. Current plans call for over 700 acres to be preserved as open space, and development to occur within the existing footprint of buildings on the site, which is located in a wine growing region halfway between the cities of Santa Rosa and Napa. The open space will be integrated into adjacent Jack London State Historical Park on the west and Sonoma Valley Regional Park on its east. Unlike other mental hospitals that the state has closed, the SDC site is in a rural area prone to wildfire, with little transportation access and 130 aging structures. Buildings on the site burned during big fires in 2017. And yet, housing pressures are fierce. With a population of about a half million people, Sonoma County grew only by 1 percent between the 2010 and 2020 censuses. But like much of California, it needs more affordable housing, as residents continue to be priced out of existing units. Most of the county’s growth has occurred in its cities along Highway 101, north and south of Santa Rosa, its most populous city. The 2023-2031 Regional Housing Needs Assessment allocation for unincorporated Sonoma County is 3,881 units. California’s Department of General Services is currently trying to determine which developer to choose for the 180-acre project to be built around existing buildings at SDC. One development project, submitted by local environmentalists, calls for 450 homes and the creation of 600 jobs. Two other big-name developers have submitted proposals, according to the Kenwood Press— Napa developer Keith Rogal and Related California, which is building a huge project near Santa Clara’s Levi’s Stadium. Details of their SDC proposals have not yet been released. County Supervisor Susan Gorin, whose district encompasses SDC, said she expects a developer to be chosen sometime next year.
- CP&DR News Briefs November 8, 2022: "Builders's Remedy" Pushback in SaMo; Local Ballot Measures; Homelessness Plans; and More
Santa Monica Seeks Legal Remedy to "Builder's Remedy" The City of Santa Monica plans to fight the “Builder’s Remedy” in court. At a recent city council meeting, City Attorney Doug Sloan said the city has hired an outside law firm to mount a legal challenge, though he did not say which firm had been hired. Sloan said the city will probably challenge the October 15 deadline for state approval of their housing element as the trigger for the Builder’s Remedy. He said the city will claim that the deadling should be date of an earlier letter from the Department of Housing and Community Development saying the city was “substantially in compliance.” “Some of these builder’s remedy applications we received after that we may not have to treat that way,” he said. Builder’s Remedy approval of some 5,000 units – apparently required under the Housing Accountability Act – set off a firestorm in Santa Monica and fear among cities around the state, though the lawyer representing the Santa Monica developer said the Builder’s Remedy may not be used as widely as some believe . Governor Rejects Cities' Homelessness Plans, Withholds $1 Billion Gov. Gavin Newsom rejected every plan to confront the statewide homelessness crisis, declaring that they are not bold or actionable enough. The move is largely symbolic, with Newsom acknowledging the validity of the public's arguments that elected officials are not fulfilling their promises to improve resources and housing availability. Now, $1 billion in funding for cities and counties will be delayed , though the governor has committed to collaborating with local government leaders to advance their homelessness plans. The move has faced criticism, with San Francisco Mayor London Breed and other officials stating that restricting funding puts services and shelter at risk for people who need it most while muddling the plan for moving forward. California Cities to Vote on Land Use Questions Roughly three-dozen land use questions that appear on local ballots stateside will be decided by the end of today. As usual, voters in the City and County of San Francisco face by far the most local measures. This year, the number is seven, including competing measures about whether to close a major street to vehicular traffic and several measures related to taxation for affordable housing. Several other cities, including Santa Cruz and Los Angeles, are also considering local taxation measures to fund affordable housing, homeless services, and parks. There are only a few instances of "ballot box planning," in which voters are being asked to accept or reject individual development projects; they include a question about a hotel in Laguna Beach. One of the more esoteric measures in recent memory is a question to change the name of the Ventura County city of Port Hueneme to the "City of Hueneme Beach." CP&DR will report full results of local ballot measures. Bay Area to Promote Transit-Oriented Communities Regionwide The Bay Area Metropolitan Transportation Commission has adopted a Transit-Oriented Communities Policy intended to boost the Bay Area housing supply while increasing density in transit-rich areas; incentivize commercial development near transit hubs; improve transit, walking, and biking paths; and improve quality of life in transit-oriented communities for all residents. The policy is designed to upzone areas while prioritizing affordable housing and preventing displacement, and it includes the elimination of minimum parking requirements throughout most areas, encourages shared parking between residential and commercial spaces, and requires one parking space per new housing unit. The new policy will replace a previous initiative implemented in 2005 and will apply to areas within a half-mile of several transit options, including BART, Caltrain, SMART, and ferry terminals. Coastal Commission Approves Scaled-Down Desalination Plant in Orange County Having rejected a plan for a desalination plant in Huntington Beach five months ago, the Coastal Commission has unanimously approved a smaller, $140 million, publicly-owned plant that would produce five million gallons of potable water per day. One-tenth the size of the former proposal by Poseidon Water, the South Coast Water District's Doheny Ocean Desalination Project is intended to provide water to 40,000 Orange County residents in face of extreme drought. Water would also come from a closer source instead of pumped from the Colorado River or through the State Water project. This is the first desalination plant approved by the Commission since the implementation of more environmentally-conscious regulations. Quick Hits & Updates After four years of planning, Redlands City Council members have unanimously approved the Transit Villages Specific Plan, which details planning guidelines, including neighborhood-oriented zoning, for areas within a half mile of city transit stations. CalTrans financed the plan, which featured an information website, announcements, and workshops to encourage community input. (See related CP&DR coverage .) The Oceanside City Council upheld the approval of Oceanside's Ocean Kamp resort, which would include a surfing lagoon amongst restaurants, retail stores, a hotel, and homes. The approval was challenged for its extreme water use potential by a local nonprofit group composed of environmental advocates. The Coastal Commission extended a permit for a site holding the San Onofre Nuclear Generating Station, which includes over 50 canisters of nuclear waste. The 13-year extension was unanimously approved, though commissioners noted their desire for the federal government to locate a permanent storage space. The City of Alameda, which owns the 333-acre Corica Park golf course, and the golf course's operators, Greenway Golf Associates (GGA), are both suing each other over conflicts about discrimination, contract breaches, and accusations of a campaign to switch control of the complex. The issue began when Umesh and Avani Patel purchased GGA and improved efforts to make the greens more accessible, leading to pushback from the city. About 55,000 people left San Francisco to find a new home in one year, according to new data from the Census Bureau. This figure makes up 6% of the city's population, though an additional 7.6% of residents have considered relocating as well. A Texas developer who intended to redevelop San Bernardino's Carousel Mall is not moving forward with its plan due to "economic" reasons. The land on which the 43-acre mall sits remains in the hands of the city, though Renaissance Downtowns USA and ICO Real Estate Group may continue with their principal development role. As part of the Transformative Climate Communities program, the state has awarded $96.2 million in grants to 10 disadvantaged, unincorporated, and tribal communities to support local projects that reduce greenhouse gas emissions, improve public health, and expand economic opportunities. The 10 projects are expected to reduce emissions by 64,000 metric tons. In 2020, California reduced its greenhouse gas emissions by nine percent compared to the previous year, but that year's devastating wildfires eliminated two decades of reductions progress, according to recent findings. On top of a return to heavy car use, wildfires and insufficient reduction efforts are counteracting many of the state's emissions reduction strategies. The City of Whittier is facing a lawsuit from Whittier Conservancy, a nonprofit opposing the approval of a four-story, 52-unit apartment development. City council members approved changes, including less restrictive parking standards, to allow the project to move forward, which the conservancy alleges have not been properly considered in the environmental review. The percentage of vacant homes in San Francisco increased by over 50% between 2019 and 2021, according to a report from the Budget and Legislative Analyst's office. The data aligns with suggestions of a mass exodus from the city that began closer toward the beginning of the pandemic.
- CEQA Trumps SB 330 On Stevenson Project -- For Now
In litigation over the notorious 469 Stevenson housing project in San Francisco, the battle is between the California Environmental Quality Act and the Housing Accountability Act – and for the moment CEQA is winning.
- CP&DR News Briefs November 1, 2022: Culver City Parking Minimums; HSR Station Areas; Oil Company Lawsuit; and More
Culver City Abolishes Parking Minimums Culver City council members have voted , 3-2, to abolish minimum parking requirements across the city in an effort to incentivize affordable housing construction, reduce auto-dependence, and make the city more pedestrian- and bike-friendly. In his vote of approval, Councilmember Alex Fisch noted that there is no real benefit to requiring parking spaces and that requirements often cause more harm than good. The new policy will not entirely eliminate parking but rather allow each project to decide whether or not parking would be beneficial. Culver City joins several cities throughout the state, including Sacramento, Berkeley, Emeryville, and Alameda, but it is the first in Los Angeles County to make the change. The move comes in advance of the implementation of AB 2097, restricts cities' ability to impose parking minimums in many urban areas of the state. High Speed Rail Awards Contracts for Station Area Planning The California High-Speed Rail Authority has awarded $35.3 million to two-London based companies, Foster + Partners and Arup, to plan station areas along the initial operating route of the future statewide high-speed rail system. The architectural and engineering consulting firms will operate under a 30-month contract to plan stations through the San Joaquin Valley, including Fresno, Merced, Hanford, and Bakersfield. In addition to analyzing the existing sites and acquiring the property, the joint team will begin developing designs for the stations and may potentially be the team that finalizes and executes plans for construction. Eventually, the second stage will connect the Bay Area to the Los Angeles Basin. Two Bay Area Cities Permitted to Sue Oil Companies over Climate Change A federal judge has ruled that San Francisco and Oakland officials can sue major oil companies for releasing fossil fuels and attempting to conceal how their activity exacerbates climate change in a California state court. The oil companies were fighting to restrict the case to federal court, citing their operations on federally-owned land. However, U.S. District Judge William Alsup ruled against them, aligning with a ruling by the Ninth U.S. Circuit Court of Appeals that would allow California courts to rule on a similar fossil fuel lawsuit from local governments against BP, Chevron, Conoco, Exxon Mobil, and Shell. Alsup's ruling is based on the impact of oil operations on local residents' health and well-being. HCD Cautions Elk Grove in SB 35 Dispute The Department of Housing & Community Development has weighed in on the Elk Grove SB 35 dispute, issuing the city with a “Notice of Violation”. As CP&DR reported last week , Elk Grove rejected an SB 35 application for supportive housing in the city’s Old Town, saying a ground-floor retail requirement was a “fundamental” land use that couldn’t be waived under the state’s Density Bonus law. HCD’s letter to Elk Grove said the city violated several state laws and failed to implement its Housing Element. “The City’s response should include, at a minimum, a specific plan for corrective action, including allowing the Project to move forward at 9252 Elk Grove Boulevard,” the department wrote. CP&DR Coverage: Bill Fulton on Builder's Remedy If the Builder’s Remedy becomes widely used, it could disrupt the local housing planning process even more than recent housing production laws. But there is no question that the Builder’s Remedy has become more attractive because of recent housing production laws that have strengthened the Housing Accountability Act and jacked up the number of units virtually every city must plan for in their housing elements. Projects can only be rejected for a narrow set of specified reasons, including lack of conformance with “objective standards”. If a preliminary application is filed, the “objective standards” in place at the time of the filing are locked in. Developer law firms in Northern California are already signaling to their clients that they might pursue the Builder’s Remedy. Quick Hits & Updates San Diego officials have adopted several programs intended to increase affordable housing construction, but the city issued much fewer housing permits for low-income residents in 2021 compared to previous years. While officials issued 1,254 permits in 2020, only 451 were approved in 2021. Meanwhile, rates for market-rate housing development remain steady. For the first time in 200 years, the Tongva people have land in Los Angeles County after an Altadena homeowner returned a one-acre stretch of land to the Tongva people. Tongva leaders intend to foster a place of community where land ownership will allow for ceremonial practices, culture, and healing. The Fish and Game Commission has delayed its decision on whether or not to list the Joshua tree as a threatened species, leaving it under consideration until at least February. Officials have noted that they want to continue conversations with tribal nations as they consider the tree's cultural and ecological importance. Permit Sonoma is circulating its final Environmental Impact Report and Specific Plan that will provide more information on redevelopment plans for the Sonoma Developmental Center. The proposal now includes 700 acres of open space and 1,000 housing units, including 283 affordable, as well as an affordable housing timeline priority. The Los Gatos Town Council has voted to push back the deadline of its decision on whether to allow voters to revise the 2040 General Plan or do it themselves until spring 2023. The revision would address an appeal from residents unhappy with the number of housing units planned for. Meanwhile, council members are working on the Housing Element. At the start of the new year, Chief Justice of California Tani Cantil-Sakauye will become the president and CEO of the Public Policy Institute of California. Cantil-Sakauye will retire from her current position to assume her new role, which received unanimous support from the PPIC Board of Directors. UCLA will purchase two large properties in Rancho Palos Verdes currently owned by Marymount California University for $80 million in an effort to allow for more students on satellite campuses. The university, which accepted about 6,600 new students last year, hopes to add 3,000 more undergraduate students by 2030. While the Oakland Athletics organization says it is "privately financing" its new waterfront stadium, taxpayers will likely still contribute hundreds of millions of dollars to the project. Government grants for off-site infrastructure total $321.5 million, though officials also imply that those estimates are likely to be far below the final costs.


