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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.

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