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  • CP&DR News Briefs October 11, 2022: San Diego Housing; Fire Danger Areas; Bay Area Housing Poll; and More

    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.

  • No CEQA Violation Or Inverse Condemnation On Regional Connector Project

    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.

  • Burbank Settles With Developer, But Not With YIMBY Law

    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.

  • How Will AB 2011 and SB 6 Affect California Planning?

    Aside from the recently signed  Assembly Bill 2097 , which bans mandatory parking requirements near transit stations, nothing coming out the legislature this year has captured the planning public’s imagination like AB 2011 and SB 6 – two new laws that will override local zoning to permit residential development on all commercial properties in California.

  • APA Conference: When Planners Wish Upon a Star

    This is a true story, not a fairy tale: the last time I spent a night in Anaheim was sometime in the 1990s for high school "grad night" at a certain local amusement park. P.M. Dawn was one of the musical acts. Jackets and ties were required for the gentlemen. And I discovered that there is no delirium quite like the delirium that comes with riding "It's a Small World" (sober) at 4 a.m. I vowed never to go back, and I've kept that vow. But, here I am for this week's conference of the California chapter of the American Planning Association. I'm back to speak about good books, learn about good cities, and commune with colleagues after a long hiatus. I apparently am not the typical Anaheim visitor. This morning I exited the 5 Freeway at 7:25 a.m. at Harbor Bl. Orange County, like much of American suburbia, was build around streets like Harbor: six lanes, plus some left-turn lanes; a median with a fence down the middle (to prevent jaywalking); perilously high speed limits; and limited pedestrian crossings. Usually, the shortage of pedestrian crossings doesn't matter. People rarely walk on streets like Harbor, both because they are unpleasant at foot level and because they don't run through walkable neighborhoods. But, in Anaheim, on Harbor Bl., the sidewalks are full. At the crack of dawn on a grey autumn Sunday, they're full like those of the Champs-Elysse, Broadway, or Michigan Avenue at high noon on a summer's day. They're full like those of the Las Vegas Strip at midnight. Where was everyone going? Church? The farmers market? Early-bird brunch? Not exactly.  The mouse-eared hats were a pretty strong tipoff. Whatever magic takes place inside Disney's kingdom, the means of ingress are decidedly terrestrial. You either walk from your hotel, or you drive from points beyond. Flying in on an elephant is not an option. On the one hand, the there's a shocking contrast between the lifelessness of Harbor Bl. and the intrigue of Tomorrow, Fantasy, Adventure (and, of course, California Adventure, which you apparently visit if you don't like the real California but also don't want to leave California). On the other hand, that contrast is likely a feature, not a bug. Disneyland came about precisely at the peak of and, I would argue, because of mid-20th century suburbanization. As the country was becoming deliberately dull and homogenous in the late 1950s, a place of excitement, escape, and, indeed, ersatz urbanism became more marketable. Disneyland promoted suburbanization in order to offer an antidote to suburbanization. The uglier Harbor Bl. is, and the less pleasant that walk is, the more exciting those other -lands become. Much of this has been theorized already, most usefully by Jean Baudrillard, who declared Disneyland to be a "simulacrum" -- a copy that overwhelms the original. What even Baudrillard -- or Walt Disney, for that matter -- could not have imagined was the extent to which the Disney empire would grow. This morning's opening session put the empire, and the Empire, on full display. Two Disney "imagineers" gave a brief history of Disney's theme parks (now numbering 12 worldwide), fawningly describing how the original park went from orange groves to opening day in just over a year, and reporting on the latest attractions they are dreaming up. They are a far from from animatronic that Abraham Lincoln that amazed crowds at the 1964 New York World's Fair. They are, to use imagineer parlance, fully immersive worlds, centered on the Star Wars universe and whatever other multi-platform franchise Disney wants to promote. The latest is a two-day stay at a Star Wars Extended Universe hotel, which seems like a cross between space camp and The Shining. At every turn, Disney stands for the ability to create "worlds" that are somehow both idealized and realistic, wholly accessible through suspension of disbelief and steep admission fees. However much effort Disney's folks put into designing Disneyland down to the last detail, today's "imagineers" are working harder that Walt ever could imagine. Fiction on screen merely requires viewers to believe that the scenes they are witnessing could have happened -- if not in front of their eyes in the moment, then perhaps a long time ago in... well, you know where. But fiction in three dimensions means that viewers aren't viewers. They are participants. The action takes place in real time and in the very place where the viewer stands. The viewer doesn't see only what the camera sees; he sees (and hears, smells, and feels) whatever he wants to see. For these reasons, imagineers work very hard. Fooling people in three dimensions is vastly--exponentially--more challenging than fooling them in two dimensions. They design physical spaces down to the finest detail -- the howl of a yeti; the whoomp of a light saber; the hem of a princess' train -- and they design storylines to command visitors' attention. Imperfections or plot holes cannot be wished away. The illusion must become real for the experience to matter. So, what does all of this have to do with Harbor Bl.? Imagineering is not cheap. Disney spends money to make money. So much so that the Disneyland complex alone takes in $3.8 billion annually. That's money that people, over 15 million per year, spend voluntarily. And why? Because, say what you will about artifice, consumerism, and wishing upon a star, Disneyland is nicer than the real world. People are willing to pay for nice, even for only a few hours. That's because, for much of recent history, in the vast majority of places, the imagination and talent has been privatized, funded, and promoted, and the public realm has, in too many cases, been neglected, starved, and vilified. The public realm doesn't get nearly the sort of attention and investment as even a few dozen acres of private realm. That's how we end up with streets like Harbor Bl. and "attractions" like Main Street USA. This morning's presentation was, I presume, supposed to inspire planners. And I hope it did. I hope in inspired them to imagine how to write plans and codes that are every bit as enchanting as the rides and worlds that hum to life every morning atop those former orange groves. I hope no one has to pay an admission fee to spend time in a place that excites them, and I hope no one has to cross eight lanes of traffic to do so. It's a small world after all. A small world with very big streets.

  • CP&DR News Briefs October 4, 2022: S.D. Neighborhood Councils; HCD Housing Dashboard; Coastal Erosion; and More

    San Diego Overhauls Neighborhood Planning Groups The San Diego City Council approved reforms intended to improve diversity and organization within 42 neighborhood planning groups, but the move is facing mixed responses. Moving forward, community groups will no longer be able to appeal development approvals without a cost, and developers will be "encouraged" to meet with groups but not required. The reforms face support from those who say that they will meaningfully increase inclusivity by setting more severe term limits and involving more renters and people of color. While supporters also say that this will make it easier to approve dense housing developments, opponents claim that increasing requirements will become a burden to planning groups, reducing their power. State Releases Updated Housing Dashboard The Department of Housing and Community Development (HCD) released updates to its Statewide Housing Plan Dashboard and Affordability Calculator that will improve the public's ability to navigate housing conditions. The new dashboard includes updated data from Census Bureau surveys. Now, researchers, elected officials, and the general public will more easily be able to analyze data on household demographics, housing needs, median home value and rents, and housing production. The HCD has also released an updated Housing Affordability Calculator for local governments to report on the lowest income category for which a unit would be affordable based on the year built. Study Measures Acceleration of Coastline Erosion Sea level rise and shoreline erosion is accelerating along the coast, with California's northernmost counties experiencing the fastest crumbling, according to a new study from UC San Diego's Scripps Institution of Oceanography. According to the researchers, Humboldt Bay and Del Norte County include the most affected locations. Cliffs accompanied by sandy beaches have tended to erode the fastest due to coarse materiality of sand. The authors suspect that more rainfall and larger waves may be responsible for causing more erosion in the north compared to Southern California. However, the entire coast saw an average loss of 2 inches annually between 2009-2011 and 2016, a figure that includes major outliers such as a 16-foot loss in Martin's Beach and Big Sur. (See related CP&DR coverage .) Los Angeles County Settles Homelessness Suit; Commits $236 Million Los Angeles County officials have committed to spending hundreds of millions of dollars on the housing and homelessness crisis in a settlement agreement to put legal challenges from the LA Alliance for Human Rights to rest. The original lawsuit argues that city and county officials have failed to care for unhoused residents and have consequently put them at constant risk. Through 2027, officials intend to spend $236 million on outreach, permanent and temporary housing, and more services such as case management, physical and mental health support, and childcare. This funding supplements the $530 million for homelessness spending approved by voters in 2017 raised using a sales tax. California Cities Lead Nation in Cost Burden for Residents In SmartAsset's sixth study on nationwide housing inaccessibility, Glendale, Los Angeles, and Anaheim were all included among the top ten most severely cost-burdened cities. Glendale ranked first for the highest percentage of households who spend at least 50% on housing, with 31.08% of its households severely cost-burdened. Nationwide, renters tended to be more burdened than homeowners are, and 37.77% of Glendale renters were reported to face this challenge. Renters in San Bernardino, Santa Clarita, and Moreno Valley were also some of the most cost-burdened. Los Angeles came in fifth for all households, though homeowners were more burdened than renters. In addition to New York and Florida, California had some of the highest percentages of cost-burdened residents. CP&DR Coverage: California APA Conference CP&DR writers attended the conference of the California Chapter of the American Planning Association October 1 through today in Anaheim. Bill Fulton analyzed the expected impacts of the two major new laws to facilitate conversion of commercial properties into residential, AB 2011 and SB 6 . Josh Stephens mused on the significance of holding an urban planning conference across the (very wide) street from an institution famously dedicated to fictional built environments -- and to making piles of money along the way. Earlier this week, CP&DR ran an interview previewing one of the conference's spotlight panels, a discussion of the legacy of "sundown towns" in California. Thanks to everyone who chatted with us, shared story ideas , and stopped by our exhibit table. Quick Hits & Updates Oakland officials intend to return five acres of land currently owned by the city to Indigenous peoples who have long lived around the East Bay. The city will continue conversations with the East Bay Ohlone Tribe, Confederated Villages of Lisjan Nation, and Sogorea Te' Land Trust in the transfer process. A revised redevelopment plan for the Oceanside Transit Center includes a hotel, hundreds of housing units, retail spaces, offices, and nearly 1,800 parking spaces. The center would serve Amtrak, commuter, light-rail, and Metrolink trains as well as buses. U.S. Rep. Judy Chu from Pasadena presented a nearly $1 million check to the nonprofit group Nature For All to enable people to visit Angeles National Forest using public transit. While the only way to reach the green space right now is by car, this plan would allow visitors to use a van or bus service that starts from the Metro L (Gold) Line in Pasadena. Mountain View officials have committed to ensuring that rent-controlled apartments set to be demolished for new rental units are replaced with housing that remains "naturally affordable." While this policy already applied to renters making less than 80% of the area's median income, apartments will now be deed restricted across the board to ensure affordability instead of increasing rental rates. IDS Real Estate purchased the 63 acres of land that encompasses Irwindale Speedway. The new developer has plans to redevelop the speedway into an industrial park due to its location near transportation arterials and the regional transportation network. Metro will open Los Angeles's Crenshaw/LAX rail (K) line on October 7, three years behind schedule and with free rides for that entire weekend. The line runs eight and a half miles and will eventually reach LAX and the South Bay, though construction delays have set back that route until 2026.

  • CP&DR Vol. 37 No. 9 September 2022 Report

    CP&DR Vol. 37 No. 9 September 2022

  • The New Fissure In The California 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, Assemblymember Laura Friedman’s bill to remove parking requirements near transit stations. The Los Angeles Time s editorialized about it. The national magazine Governing wrote about it . Pro-housing twitter went nuts. On Facebook, the bill was celebrated as the crowning achievement in the distinguished career of parking guru Don Shoup.

  • Legal Briefs: RHNA Challenge, SB 330 Lawsuit

    Supreme Court Won’t Hear RHNA Case

  • CP&DR News Briefs September 27, 2022: Parking Minimums; Ventura Co. Oil Wells; Susanville Prison Closure; and More

    Governor Signs Bill Striking Down Many Parking Minimums In a move eagerly anticipated by advocates of both housing and active transportation, Gov. Gavin Newsom signed AB 2097, legislation authored by Assemblymember Laura Friedman and co-sponsored by California YIMBY, which significantly restricts cities' ability to impose parking minimums on new developments statewide. Parking minimums will no longer be allowed for housing, retail and other commercial developments within a half-mile of major public transit stops. Developers may still provide parking voluntarily. The law is intended, in part, to reduce the costs of development and to encourage residents and commercial patrons to travel without cars. “California has a severe housing shortage, not a parking shortage,” said Brian Hanlon, CEO of California YIMBY, in a statement. “AB 2097 is landmark legislation – it prioritizes affordable housing for people while eliminating costly parking mandates that are a significant cause of climate pollution in our state.” (See related CP&DR coverage .) Attorney General Supports Ventura County's Efforts to Protect Residents from Oil Wells Attorney General Rob Bonta filed an amicus brief in defense of Ventura County's 2040 General Plan, which includes a number of policies to protect the health and safety of communities who live, work, or go to school near oil and gas sites. Ventura is one of California's top oil and gas producing counties, and the majority of its wells are located in or near low-income communities and communities of color. While several fossil fuel companies, industry lobbying groups, and labor associations have filed lawsuits against the county's General Plan, Bonta's brief argues that the plan is essential for providing protections against toxic oil and gas drilling pollution. Susanville Loses CEQA Challenge to Impending Prison Closure A judge dismissed a CEQA-based legal challenge filed by the Lassen County town of Susanville keep its Correctional Center open, allowing the state Department of Corrections and Rehabilitation to move forward with closing the Northern California prison. Originally, state officials hoped to shut down the prison by June 30, 2023, but local lawmakers stalled the process out of economic concern that the town would lose over 1,000 prison jobs, which makes up about 45% of Susanville's employment. The town argued that the state violated CEQA by failing to consider the prison closure's potential environmental impacts. Roughly 45% of the town's population is employed by the prison. Ultimately, the court's decision did not hinge on CEQA; the court cited a recently passed law that exempts the closure of prisons from CEQA review. CP&DR Coverage: The (Positive) Legacy of the Internal Combustion Engine Gov. Gavin Newsom's recent order, devised in collaboration with the Air Resources Board, to ban the sale of gas-powered cars by 2035 promises to do wonders for the state's air quality and its contribution to the world's carbon emissions. While environmentalists may bid gas motors good riddance, urbanists should take a moment to appreciate their impact on major statewide policies that promote urban density and alternative transportation. Bills such as SB 375 and SB 743 were devised in order to reduce measurable GHG emissions -- with the collateral benefit of making cities more pleasant and liveable. California's planners must continue their work in that spirit, writes CP&DR's Josh Stephens, even when tailpipe emissions are a thing of the past.  Quick Hits & Updates Four "New Community Study Areas" included in San Benito County's 2035 General Plan as sites for commercial and residential developments will now be eliminated following a unanimous vote from the county's Board of Supervisors. They also intend to approve an urgency ordinance that would prohibit housing construction in these areas until the amendment is added. A revised redevelopment plan for the Oceanside Transit Center includes a hotel, hundreds of housing units, retail spaces, offices, and nearly 1,800 parking spaces. The center would serve Amtrak, commuter, light-rail, and Metrolink trains as well as buses. An independent report commissioned by the Menlo Park City Council has clarified that, if passed, a 2022 ballot measure would result in obstacles to affordable and teacher and staff housing. The report also found that Measure V would further racial and economic segregation and put the city at legal risk by limiting affordable housing construction. Berkeley residents will vote on three measures aimed at tackling the housing crisis and inadequate infrastructure. The most expensive initiative is a $650 million bond measure that would raise money for housing, infrastructure, and climate projects while also minimally increasing property taxes. Environmental activist and Coastal Commissioner Sara Wan  passed away earlier this month. Wan was a passionate and dedicated advocate for the protection of the coast, its habitats, and its accessibility to the larger public. Redlands' nine-mile Arrow line will soon be open for ridership. If train testing and training goes well, residents may begin to ride the new line between the University of Redlands and San Bernardino Transit Center this fall. (See related CP&DR coverage.) Some major U.S. cities, including Los Angeles and San Francisco, are seeing out-migration slow down following dramatic trends of people leaving for other locations. Researchers suggest in-person work and increased unaffordability in previously cheaper cities may be responsible. The Palmdale Planning Commission approved updates to the city's General Plan, which stresses the creation of "20-minute neighborhoods," where residents have quick access to jobs, transit, goods, services, and green spaces. The updates are awaiting approval from the city council. The Air Resources Board has released a recirculated environmental analysis for the Draft 2022 Scoping Plan Update, which focuses on essential steps for achieving carbon neutrality. The draft environmental analysis studies the impacts of implementing the Scoping Plan and is available for public commentary until October 24, 2022.

  • CP&DR at California APA Conference October 1-4

    CP&DR is pleased to be a media sponsor of and participate in this year's  conference of the California Chapter of the American Planning Association, held October 1-4 at the Anaheim Marriott and online. It will be the first major gathering of California planners since the ebbing of the pandemic, and APA is excited to celebrate with the theme of "Celebrating CommUNITY."

  • Make Sure Your Fees Have Solid Evidence Behind Them

    Pismo Beach violated the Mitigation Fee Act by charging a self-storage facility more than $1 million in water fees, an appellate court has ruled.

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