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Reinforcing the idea that local governments have more leeway on fees if they are part of an overall planning regime, an appellate court has ruled against an El Dorado County property owner who claimed that about $23,000 in traffic mitigation fees imposed on him were unconstitutional.

An exemption from the California Environmental Quality Act cannot be delegated to the staff completely and must be agendized as part of a city council meeting, the Second District Court of Appeal has ruled. The appellate court overruled a Superior Court judge but remanded the case to the judge to determine the remedy.

Landowners in San Jose’s Coyote Valley have a sufficient enough claim of eminent domain against the city for their lawsuit to move forward, a federal judge has ruled.

CP&DR Vol. 37 No. 10 October 2022

Industrial Zoning Replaces Residential in Southwest Fresno Responding to advocacy from the logistics industry, the Fresno City Council  approved two proposals to rezone areas of southwest Fresno, one from neighborhood mixed use to light industrial and the other from medium-density residential to light industrial, allowing for more warehouses in both districts. One-third of a 92-acre area will revert to its previous zoning rules at the request of property owners, though the request to rezone the remaining two-thirds was denied. The area had been zoned for mixed use in 2017. The rezoning has led to discussions of a citywide zoning overlay district, which would include environmental protections. In addition to this rezoning approval, council members' support of an amendment to rezone 18.9 acres of vacant land for a Busseto Foods expansion has faced opposition from residents, environmental justice groups, and Attorney General Rob Bonta, who have expressed concerns about the health impacts on communities of color. Developers Seize Upon Insufficient Housing Element in Santa Monica After the Department of Housing and Community Development suspended the City of Santa Monica's local zoning ordinances in response to the city's inadequate Housing Element, developers have submitted 16 applications for new housing projects totaling over 4,500 units. Developers are taking advantage of the builder's remedy application process, which does not allow the city to reject a project based on a lack of compliance with the zoning ordinance or General Plan. Projects include a 15-story, 2,000 unit development; a 12-story, 222-unit building; and an 11-story, 340-unit development, 20% of which must be affordable to low-income residents or 100% affordable to those in the moderate income bracket. Now that its revised Housing Element has received approval, no additional builder's remedy projects can be considered, though it's likely these 16 projects will gain approval. (See related CP&DR coverage .) Developer Files Lawsuit Against Elk Grove for Denial of Affordable Housing The City of Elk Grove is facing a lawsuit from the developers of an affordable housing project that city leaders rejected for being too dense and not adhering to zoning restrictions in a historic district. Oak Rose LP planned to construct a 67-unit, three-story complex with housing and resources for previously unhoused low-income families. The developers are now suing for noncompliance with a state law intended to streamline affordable housing projects and that allows for zoning restrictions to be amended in order to provide more affordable housing. Elk Grove must approve and build over 4,200 affordable units to meet state RHNA requirements, with 1,300 currently planned for. (See related CP&DR coverage .) California-Based Researchers Win APA Journal's "Best Article" of the Year The Journal of the American Planning Association (JAPA) recognized Evelyn Blumenberg and Hannah King's "Jobs-Housing Balance Re-Re-Visited" as the best article of 2021. The research considers more recent data of rising housing costs as compared to average incomes and concludes that California cities continue to become less self-contained, with many residents living in different jurisdictions from where they work. However, self-containment was higher in cities where housing costs remained more affordable. The authors intend for their research to inform policies that will increase housing availability in job-rich jurisdictions and lower housing costs. They also hope that their findings will improve job opportunities that are more aligned with worker characteristics. CPD&R Coverage: Inverse Condemnation in L.A.; SB 35 Settlement in Burbank The City of Burbank has settled an SB 35 lawsuit with a developer over a controversial housing project near an equestrian area. But another lawsuit from YIMBY California is still outstanding, as is the Department of Housing and Community Development’s Notice of Violation, and it remains to be seen how those situations will play out. The situation could set up a clash between the developer and local neighbors, who have reached an agreement, and HCD and YIMBY activists, who might hold out for SB 35 approval of the original project as a matter of principal.  L.A. Metro did not violate the California Environmental Quality Act or engage in inverse condemnation by building the “regional connector” light-rail project near the Bonaventure Hotel in Downtown Los Angeles by using cut-and-cover construction rather than boring a tunnel. The court concluded: “It seems counterintuitive to argue the application of or exemption to CEQA for purposes of seeking damages for a nuisance claim.” Quick Hits & Updates  The Governor's Office of Planning Research has appointed Saharnaz Mirzazadas as the new Chief Deputy Director for Climate and Planning. Previously, she was the Deputy Director of Community Investment and Planning at the California Strategic Growth Council. Many U.S. cities are in a housing crisis, but San Jose's is the worst, according to a new study from Angi. Researchers found that San Jose, Sunnyvale, and Santa Clara have suffered greatly from a limited supply of homes, which has resulted in a 7.5% rise in housing prices over the last two years and 15,000 residents displaced. Sonoma County property owners will not be allowed to tap groundwater after the Board of Supervisors approved a six-month moratorium on all new wells to allow county officials to outline more well regulations. The move comes after a 2021 lawsuit by the California Coastkeeper Alliance seeking to implement more restrictions. The Norwalk City Council has approved further plans regarding the redevelopment of the City Hall's front lawn into an entertainment district with 350 housing units and commercial and open space. Councilmembers approved a general plan amendment, zoning updates, a conditional-use permit, and a leasing agreement that would allow the project to move forward. Redlands City Councilmembers have rejected an appeal by an Oakland-based law firm attempting to prevent a new City Center apartment project due to environmental impacts, allowing the Planning Commission's approval of the four-story, transit-oriented, mixed-use project on a vacant three-acre lot to move forward. The owner of the Sears Building, who originally proposed to house 10,000 unhoused residents in the famed Boyle Heights Art Deco structure, has changed the plan to accommodate only 2,500 beds. The reduction comes in response to protests from unhappy local residents, but opponents still remain unsatisfied, believing that the proposal as a whole is offensive. This year's Livability poll, published by CapRadio and Valley Vision, finds that almost nine of every ten Black residents are concerned about severe housing costs in Sacramento, more than any other racial or ethnic group surveyed. The poll also revealed residents' concerns about sufficient childcare, education, and mental healthcare resources. This year's Livability poll, published by CapRadio and Valley Vision, finds that almost nine of every ten Black residents are concerned about severe housing costs in Sacramento, more than any other racial or ethnic group surveyed. The poll also revealed residents' concerns about sufficient childcare, education, and mental healthcare resources. Los Angeles City Council members intend to form 100 miles of bus-only lanes in the next five years, alongside other improvements the city bus stops, to make bus transit faster and more dependable. The new miles will likely be concentrated in high-ridership corridors and transit-dependent communities.

So, what is this “Builder’s Remedy” that has led to the sudden and automatic approval of close to 5,000 housing units in Santa Monica? Where did it come from? How widely is it likely to be used?

The City of Elk Grove and a developer proposing a supportive housing project in the city’s Old Town district are locked in a battle over whether the project is covered by SB 35, which would require ministerial approval of the project.

Attorney General Releases Guidelines for Development in Fire-Danger Areas In response to several legal battles surrounding projects located in wildfire-prone locations, Attorney General Rob Bonta  released a guidance document for ensuring that projects in high wildfire risk areas adhere to CEQA requirements. The document details the necessity of including project density, location, and water supply and infrastructure considerations when proposing a development. For certain projects, analysis should also include evacuation routes, options for collaborating with local fire officials, and the impact of evacuation. The document aligns with local measures that require projects to analyze fire risk, including SB 1241, SB 99, AB 747, and AB 1409 as well as guidelines from the Governor's Office of Planning and Research on how to build in areas at risk of wildfires. (See related CP&DR coverage .) State Rejects Vast Majority of Bay Area Housing Elements The Department of Housing and Community Development rejected fourteen of the fifteen housing plan drafts it reviewed, leaving several Bay Area cities little time to plan for 441,000 new homes across nine counties between 2023 and 2031. With the exception of Alameda, which gained approval, all other jurisdictions' have until January 31st, 2023 to finalize their plans and receive approval. These jurisdictions must prove that the sites they have proposed for development will actually lead to constructed housing units, and the HCD wants officials to consider zoning changes to increase density. If their plans are not approved, they will lose access to funding and be at risk of legal action. San Francisco Redrafts Controversial Housing Element In the newest housing element draft, San Francisco officials will rezone neighborhoods throughout the city to make space for 34,000 housing units. The zoning changes could include ditching conditional use authorization requirements when planing to replace a single-family home with a multi-family building. The latest draft will allow for 36% more housing units than in the original draft and also expresses the political causes of housing declines. The units will be located in the city's "high-resource" areas, largely in districts where development has remained low in the past few years. San Francisco planners must account for 82,000 units between 2023 and 2031, half of which should be affordable. CP&DR Commentary: The Burden, and Value, of Annual Housing Progress Reports The so-called “Annual Progress Report” – an annual report each city and county must provide the state reporting progress toward meetings its housing goals – has increasingly become a bear for local governments to prepare. “The staff hours to prepare the report have gone from 40 to 300 since 2017 in Sonoma County,” said Jane Riley, director of housing policy at the consulting firm 4Leaf. But, some cities are beginning to get ahead of the curve – and the state Department of Housing and Community Development, regional planning agencies, and private consulting firms are increasingly creating online tools to make the preparation of APRs much easier. And APRs now provide a treasure trove of useful information – not only to the state but to local governments as well – if cities and counties don’t fall behind compiling the information. Quick Hits & Updates Redlands residents and visitors will soon be able to ride the new Arrow passenger rail service that connects residential and commercial spaces along nine miles, as the ribbon cutting ceremony takes place on October 21st. The transit system will also connect to bus and bicycle transportation options. (See related CP&DR coverage.) In a "statement of cooperation," Gov. Gavin Newsom and the leaders of Washington, Oregon, and British Columbia have committed to reducing greenhouse gas emissions by investing in renewable energy, electric vehicles, and wildfire prevention. The agreement is not a political or legal obligation but more so a general motivation to combat the climate crisis. An independent review panel analyzing the draining Salton Sea has recommended that officials implement desalination plans instead of importing water. The panel concluded that it is not environmentally or economically essential for the sea to return to previous volumes and that desalination would allow for adequate water levels with less salt. (See related CP&DR coverage.) San Francisco's downtown recovery following pandemic-era economic hardships has remained extremely low compared to other downtown cities nationwide and to local suburban neighborhoods, where businesses grew by more than 88% compared to the downtown core. The report aligns with the city's low "return to office" numbers. As part of its 2022 Professional Awards, the American Society of Landscape Architects has recognized Hargreaves Jones' Crissy Field green space project in San Francisco as the recipient of the Landmark Award. The project prioritizes restored coastal habitats, recreational spaces, and its historical importance. A federal judge has discarded a pipeline permit for the Trump-era Cadiz water mining project that would take 16 billion gallons of water annually from the Mojave Desert. The move finds support from the Biden administration and Indigenous communities, which would have faced devastating impacts from the project. The Los Angeles City Council voted to bring 3,000 bus shelters to the city in order to provide riders with places to sit under the shade. The shelters would also include screens that display accurate bus arrival times and could host scooter docks, e-lockers, public Wi-Fi, and phone charging stations, though funding and implementation plans remain unclear. The La Quinta City Council has unanimously rejected the Coral Mountain Resort project, which would have included a surf wave basin, following a discussion with heavy turnout from locals concerned about the resort. While some residents were hopeful about job opportunities, others expressed worries about extreme traffic burdens and water use that would accompany the project's surfing component.

Last month, CP&DR reported on a court case from Contra Costa County reminding local governments in California to never forget about their Local Agency Formation Commission . Now – in a case from neighboring San Joaquin County – another court case reminds us that LAFCO powers aren’t limitless.

The following awards were presented at the conference of the California Chapter of the American Planning Association on October 3. Comprehensive Plan (Large and Small) Award of Merit: PlanRC, General Plan Update, City of Rancho Cucamonga Award of Merit: West Los Angeles Veterans Community Plan, The Veterans Collective Award of Excellence: Sunrise Tomorrow Specific Plan, City of Citrus Heights and Gensler Award of Excellence: SANDAG 2021 Regional Plan, San Diego Association of Governments Innovation in Green Community Planning Award of Merit: Accelerate to Zero Emissions Collaborative San Diego Regional EV Gap Analysis, SANDAG, SDG&E, County of San Diego, APCD, City of San Diego Award of Excellence: Santa Barbara County Climate Change Vulnerability Assessment, County of Santa Barbara Planning and Development Department Economic Planning and Development Award of Merit: Innovation Park Planned Unit Development, Environmental Science Associates Award of Excellence: Spaces as Places, City of San Diego Planning Department Transportation Planning Award of Merit: Alternative Congestion Relief/Transportation Demand Management Plan, San Mateo County Transportation Authority Award of Excellence: Rancho San Antonio Multimodal Access Project, Midpeninsula Regional Open Space District Best Practices Award of Merit: City of Milpitas' Innovative Planning Tools for Housing Production, City of Milpitas Award of Excellence: CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, Sacramento Metropolitan Air Quality Management District Implementation (Large and Small) Award of Merit: La Placita Cinco, City of Fabrick Award of Merit: Laguna Niguel Gateway Specific Plan, City of Laguna Niguel Award of Excellence: SoHay, DAHLIN Architecture | Planning | Interiors Grassroots Initiative Award of Merit: Big Bear Workforce Housing Initiative Award of Excellence: Inclusive Planning for Racially Complex Ethnic Enclaves, Cambodia Town, Long Beach, United Cambodian Community Communications Initiative Award of Merit: Biking While Black, Ride in Living Color and Yolanda Davis-Overstreet Consulting Award of Excellence: Historic Cypress Street Barrio Virtual Tour, City of Orange, Orange Barrio Historical Society Public Outreach Award of Merit: Finish The Line! Outreach and Awareness Campaign for the Northern Extension of the Metro Crenshaw/LAX Line, City of West Hollywood Award of Excellence: Doheny Village Plan: Community Outreach Strategy, City of Dana Point Urban Design Award of Merit: Downtown Dublin Preferred Vision, City of Dublin Award of Excellence: San Jose Citywide Design Standards and Guidelines, City of San Jose Emerging Planning and Design Firm Award of Excellence: VICUS Planning Advocate Award of Excellence: Yolanda Davis-Overstreet Opportunity and Empowerment Award of Excellence: SCAG’s Disadvantaged Communities Active Transportation Planning Initiative, Southern California Association of Governments Advancing Diversity and Social Change in Honor of Paul Davidoff Award of Excellence: Changing Lanes: A Gender Equity Transportation Study for Los Angeles, Kounkuey Design Initiative Academic Award Award of Merit: It's Not Just a Sign: Traffic Calming Gives Bump to Safety, UCLA Institute of Transportation Studies Hard-Won Victories Award of Merit: Covina Recreation Village Planning and Development Project, City of Covina Award of Excellence: Santa Rosa Downtown Station Area Specific Plan Update, City of Santa Rosa

The so-called “Annual Progress Report” – an annual report each city and county must provide the state reporting progress toward meetings its housing goals – has increasingly become a bear for local governments to prepare.

San Diego City, County Agree to Affordable Housing Plan San Diego County and the City of San Diego approved a plan to add 10,000 affordable units to the housing stock by 2030. The new projects would be built on government-owned land near transit lines, feature accelerated permitting processes, promote climate and job goals, and escalate city and countywide density. Planners will consult a GIS mapping tool of available public parcels once the technology is developed by the San Diego Foundation, and they still must raise $90 million to meet their new housing goal. Housing organizations hope the new plan will alleviate rent burden for low-income residents, 81% of whom spend over half of their income on housing and are subsequently at risk of homelessness. State Releases Guide for Development in Areas of High Fire Danger The recently-released Wildland-Urban Interface Planning Guide, published by a collaboration of five state agencies, unpacks the best planning tools for ensuring wildfire risk remains low and improving resilience. Planners, wildfire mitigation practitioners, and policymakers are encouraged to consult the guide for projects on any scale, from the home, to the neighborhood, to the entire district that are subject to the risks of an increasingly warm and dry environment. Designed in alignment with the Governor's Office of Planning and Research's Fire Hazard Planning Technical Advisory, the guide includes nine case studies ranging from Carlsbad to Mariposa and Shasta Counties that are evaluated based on relevancy, efficiency, innovation, effectiveness, replicability, equity, collaboration, and sustainability. (See related CP&DR coverage .) Poll: Attitudes Toward Housing in Bay Area Vary Wildly by Race, Income According to a recent poll from the San Francisco Chronicle, when it comes to tackling San Francisco's affordable housing crisis, opinions on the problems and solutions correlate with age, race, and income. While most residents (74%) said that unaffordable housing is a major issue that requires government solutions, Black residents reported the highest levels of concern (92%) for the housing crisis, and 84% of Hispanic residents signaled that affordable housing should be prioritized. On the other hand, people of all races over the age of 40 making more than $100,000 per year expressed the lowest level of support (35%) for prioritizing affordable housing. The data suggests that generally, younger and low-income residents and residents of color are more concerned about housing affordability and support more aggressive housing policies. State to Make Commercial Properties Available for Conversion to Residential The Department of Housing and Community Development and Department of General Services has made five more state-owned excess properties available for affordable housing development the under the Excess Land for Affordable Housing  Executive Order N-06-19  . The sites include two former office buildings, a commercial building, a vacant CalTrans site, and a property near the Atascadero State Hospital, all of which could create hundreds of new homes in urban and rural areas. The new homes will supplement 4,400 homes currently underway through the excess properties program as the state continues to work with affordable housing developers and local communities. Oakland Lawsuit over Raiders' Move, Value of Coliseum Fails Oakland's effort to sue the National Football League for damages has come to an end after the Supreme Court refused to review the case. In 2018, after NFL teams voted to relocate the Raiders to Las Vegas, Oakland claimed damages of over $240 million as well as loss of tax revenue and a decrease in the property value of the Oakland-Alameda County Coliseum. The city also highlighted that, in advance of the relocation vote, the Raiders paid other NFL team owners $378 million. Though Oakland claimed that the league should have expanded to meet fan demand and make room for more financial gain, the NFL responded that it has no legal obligation to expand. Meanwhile, the Ninth U.S. Circuit Court of Appeals maintained that Oakland has not demonstrated significant financial harm from the decision. CP&DR Commentary: How AB 2097 Changes the Housing Debate With the possible exception of the ill-fated SB 50, no land use bill in memory has gotten as much attention as AB 2097 , writes Bill Fulton. It remains to be seen whether AB 2097 will bring about a huge increase in housing construction in California. Although we are seeing some increases in apartment construction since the passage of SB 35 and SB 330, the only previous law that dramatically and quickly “unlocked” latent housing production was the accessory dwelling unit reform of 2017. Yet underneath all the publicity and self-congratulations about AB 2097 lies a familiar set of divisions about housing in California. In this case, the housing production advocates won. But the opponents who lost consisted of an increasingly common strange-bedfellows coalition of NIMBYs and affordable housing advocates. Quick Hits & Updates The Department of Housing and Community Development has invalidated the San Francisco City Attorney's determination that the "Builder's Remedy," as well as other consequences for a noncompliant adopted housing element, would not be in effect for 120 days after the Housing Element deadline expires. Nonprofit group Californians for Homeownership is suing the City of Claremont for failing to comply with the state housing element law. The organization, which intends to improve housing affordability and accessibility, has sued nine other cities. Despite no opposition to the project from the public, the San Francisco Planning Commission rejected a project that would transform an unused parking lot into 57 studio apartments. The commission suggested that, with only eight units below market rate, too few of the units would be affordable. (See related CP&DR coverage .) The Metropolitan Transportation Commission released maps that present specific options a new transbay tube for BART and possibly other rail systems. While one map would allow BART and regional rail trains to run side by side, another design would form two tunnels -- one for each train. New analysis of Measure ULA, a Los Angeles City ballot measure that would increase transfer tax rates on real estate sales of at least $5 million to help pay for affordable housing and homelessness, suggests that, if passed, the measure could result in about 26,000 affordable housing units, 43,000 new construction jobs, and significant rental assistance and income support. San Dimas filed an environmental lawsuit against the Metro Gold Line Foothill Extension Construction Authority for its decision to place a parking area next to its station along the 9.1-mile L Line foothill extension. If construction is delayed, the lawsuit could mean that the station will not be built. The City of Oakland published a draft 2023-2031 Housing Element, which proposes several zoning reforms intended to increase housing production, particularly for the missing-middle, and minimize air pollution and toxic environmental dangers. In response to a referendum to the Los Gatos 2040 General Plan hoping to limit the amount of housing units planned, the Los Gatos Town Council approved a "stopgap" measure that will put previous development standards in place until it decides how to handle the two repealed elements. While officials cannot place land use or design element measures on the 2022 ballot, voters may see them in a special election in 2023 or on the 2024 ballot. More San Francisco home buyers relocated than any other metro area nationwide in July and August, followed by Los Angeles. Though fewer people left this year than last, the numbers reflect the impact of high mortgage rates and inflation. Train tracks that run along the Del Mar bluffs are at risk of a cliff collapse, but the San Diego Association of Governments has a $3 billion plan to relocate the tracks to an underground tunnel by 2035. The project is moving forward with a $300 million state grant and would run 80 feet underground.