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  • CP&DR News Briefs July 26, 2022: Conservation in L.A. Co.; SGC "Resilience Centers;" and More

    Thousands of Acres Preserved in L.A., Ventura Counties As part of a significant effort by nonprofits to purchase land for environmental protection, the Trust for Public Land completed the final purchase phase of 6,000 acres of Los Angeles County ranch land known as the Hathaway/Temescal Ranch. The group transferred the property to the Mountains Recreation and Conservation Authority, which will operate the land with the goals of improving biodiversity, increasing green space access, and reducing carbon saturation. In addition, the Ventura Land Trust purchased 1,645 acres of Ventura's Mariano Rancho hillsides in an effort to restore wildlife habitats and public access in the next few years. The land trust received financial support from state legislators. SGC Program Helps Cities Develop "Resilience Centers" The Strategic Growth Council (SGC) launched its new Community Resilience Centers program as part of the state's 2021-2022 Climate Budget Package. Over the next two years, the SGC will receive $100 million to invest in upgrades to local resilience centers that provide shelter and resources for residents experiencing dangerous climate and environmental conditions, including extreme heat and air pollution. The program also includes food distribution and workforce development training year-found and will center community hubs, such as schools, libraries, health clinics, and places of worship. The SGC intends to release draft program guidelines in September 2022 for public commentary, and the first round of funding is expected to kick off as applications open early 2023. Environmental Groups File Suit to Block L.A. River Master Plan The Los Angeles River Master Plan is facing legal trouble after two environmental groups identified officials' failure to adequately review its environmental impacts. In their lawsuit, LA Waterkeeper and the Center for Biological Diversity maintained that the county violated CEQA and are requesting that officials conduct a proper environmental impact review before approving the plan. The lawsuit follows several nonprofit groups' withdrawal of support in advance of supervisor approval, with many specifically concerned about Frank Gehry's plans to build "elevated platform parks." Instead, the plaintiffs and other associated groups hope that the plan more directly concerns naturalizing the path that runs along the river. CP&DR Coverage: Budget Surplus Skimps on Housing The state hit the jackpot in 2021 with, by some measures, a surplus of over $95 billion above projections. That surplus is bigger than the entire annual budgets of all but eight states. This year's total general fund budget amounts to $235 billion, up from $196 billion last year. Based on a budget revision released in May and adopted in early July, relatively little of those funds will go toward the state's multimillion-unit housing crisis, with only a handful of line items, each in the hundreds of millions of dollars, dedicated to various housing programs. For planners, the biggest bang for the state's buck may come in the form of increased funding for the Office of Planning and Research, including $65 million to establish a new office dedicated to outreach and partnerships between OPR and localities. Quick Hits & Updates The Pomona City Council  approved a 45-day moratorium on new warehouses and trucking facilities while city officials study the burdens of industrial development on neighboring communities. The moratorium may be extended and includes exceptions for businesses expanding by a maximum of 20,000 square feet. Two donations totaling $2 million will fund the introduction of the University of California San Diego's Homelessness Hub, a program that will conduct research, center education, and inform policy and action on homelessness in San Diego. A $50 million state grant will help finance the Sacramento Valley Station renovation project, which includes a new regional bus layover and vehicle charging station, additional regional transit stops, and updated payment technology. The redevelopment of San Jose's Cambrian Park Plaza into a mixed-use village will move forward after the San Jose Planning Commission approved a plan for the old shopping center. The new development is proposed to include housing units, retail and office space, a hotel, and playfields. A ribbon-cutting ceremony marked the public opening of San Francisco's new 14-acre Presidio Tunnel Tops park. The park received funding from many San Francisco private donors, who contributed $98 million to the park. The Strategic Growth Council opened the Full Application for Round 1 of the Regional Climate Collaboratives Grant Program with a deadline of October 7, 2022. The program aims to provide more climate grants to under-resourced communities and improve local action and collaboration. The San Francisco November ballot will include a measure that would add formal oversight to the Department of Homelessness and Supportive Housing following a report that the department does not properly track housing stock. A proposal for a passenger rail link between the Coachella Valley and Los Angeles's Union Station will move forward after the Riverside County Transportation Commission adopted a service plan for the project. The 144-mile path would use existing tracks and necessitate up to five new stations in Riverside County. A California federal judge reversed Trump-era restrictions to the Endangered Species Act, siding with several environmental groups and restoring protections for hundreds of wildlife species facing development and climate danger. A new feasibility study that analyzes redevelopment potential for the L.A. County General Hospital building and 12 acres of surrounding land proposes several options for the 1.2 million square foot Art Deco building, including housing for very low-income residents, community service spaces such as schools and health centers, and open green space. San Francisco and San Jose have been identified as the first and ninth most livable large U.S. cities, while Berkeley is one of the most livable midsize cities, according to a new tool from AARP. The group's Public Policy Institute has a new Livability Index that identifies the most livable cities using 61 factors, from environment to housing and transit options. The Santa Ana City Council approved an ordinance that increases developer fees from $5 to $15 per square foot for projects without affordable housing. Officials also established incentives fro contractors to hire local union workers. Executive Director of the Los Angeles Homeless Services Authority (LAHSA) Heidi Marton announced her resignation, mentioning her disagreement with LAHSA's board over her decision to increase salaries of the organization's lowest-paid employees. Fresno County is pushing back against Attorney General Rob Bonta's letter critical of the county's draft general plan that is generous toward industrial development that would harm at-risk communities. Fresno officials describe the letter as a bureaucratic charge. Measure E, San Jose's ballot measure approved by voters in 2020, has brought in over $140 million over the past two years, with totals a $65 million surplus. The real estate transfer tax was originally intended to contribute $40 million per year to affordable housing and homelessness programs, in which officials plan to invest more with the extra funds.

  • Anaheim Renovates The Road To Summer

    In the first half of the 20th century, Beach Boulevard served day trippers traveling from inland Orange County to Huntington Beach, earning it the nickname “The Road to Summer.” Even today, most drivers are likely to want to get through the boulevard as quickly as possible, bypassing an unattractive streetscape of strip malls and seedy motels. Now, Anaheim is attempting to revitalize 1.5-mile stretch of the road in hopes that it becomes a new focal area of the city. The boulevard, which is also a part of State Route 39 and serves over 60,000 vehicles daily, remained popular with travelers for decades, even as Orange County suburbs began popping up in the area. The route is a major north-south artery through western Orange County, serving some of the area’s major tourist attractions, including Knott’s Berry Farm. “As these suburbs sprang out, and the freeways came along in SoCal in the ’60s and ’70s, they had a better way to travel,” Planning and Building Director Ted White said. “Beach Boulevard. as a traveler’s highway lost its way, and it became more of a commuter highway.” The city shared control of the highway with Caltrans, and neither entity implemented a progressive vision for the road, especially in an era when cities--especially in heavily suburban Orange County--were focusing more on malls and other private spaces than they were on streets and public amenities.

  • Granite Bay Self-Storage Opponents Get Second Bite At The Apple

    In the latest court battle over a self-storage facility in Granite Bay, an appellate court has ruled that a previous appellate ruling declaring a California Environmental Quality Act case moot doesn’t prevent the neighbors from pursuing a separate lawsuit challenging the issuance of a business license for the facility.

  • CP&DR News Briefs July 19, 2022: S. Calif. Zoning Updates; Moreno Valley Pollution Suit; Prop. 13 & Inequality; and More

    Southern California Cities Get Relief on Zoning Update Deadline State policymakers are planning to take some of the pressure off of Los Angeles and other large Southern California cities to meet state housing goals under an impending deadline. While the City of Los Angeles currently has an October deadline to rezone and allocate land to construct 250,000 new homes, state officials are now suggesting that completing that goal would be impossible and are proposing that the city have until fall 2024, which should give Los Angeles plenty of time to rezone for more housing. The new timeline would also give Los Angeles and other cities an opportunity to apply for state affordable housing grants, a critical resource that would disappear if the city did not meet the October deadline. (See related CP&DR coverage .) Bonta Cites Undue Pollution in CEQA Suit Against Moreno Valley General Plan Attorney General Rob Bonta is taking the lead on a lawsuit against Moreno Valley's General Plan, arguing that its environmental review violates the CEQA and will heighten pollution in an area already saturated with polluted air from large-scale warehouses. Bonta has stated that Moreno Valley failed to consider a proper environmental baseline, the rise in pollutants that would violate air quality standards, and the impact on nearby schools, hospitals, and communities. Bonta argues that Moreno Valley did not fully account for and mitigate the environmental and public health consequences of its General Plan. Specifically, Moreno Valley fails to compare the General Plan’s air quality impacts against a proper environmental baseline; evaluate whether the General Plan would lead to a significant, cumulative increase in pollutants like ozone and particulate matter, which impacts whether the region can meet state and federal air quality standards; and consider whether the General Plan would increase pollution near schools, hospitals, and other sensitive sites or otherwise negatively impact the surrounding communities. The suit also claims Moreno Valley’s Climate Action Plan also contains unenforceable measures that fall short of what is required to mitigate the General Plan’s anticipated greenhouse gas impacts. “Communities in Moreno Valley experience some of the highest levels of air pollution in the state. We're intervening today so that those communities do not continue to bear the brunt of poor land use decisions that site warehouses outside their doors," said Bonta in a statement. Report Faults Prop. 13 for Exacerbating Inequity A new analysis of Proposition 13 details the extent to which the initiative has exacerbated the wealth gap, housing shortage, and unjust funding for public schools. The report, conducted by the Opportunity Institute and Pivot Learning and titled "Unjust Legacy," is intended to provide elected officials and other researchers with a more comprehensive understanding of the damage caused by the 1978 initiative passed by voters angered by rising property taxes. Researchers concluded that Prop. 13's heightening of generational wealth for wealthy white families--in addition to redlining, exclusionary zoning, and racism--has severely restricted access to wealth, housing, and other resources for low-income families and families of color. Additionally, in the two decades following Prop. 13's approval, California dropped from fifth to 47th place in nationwide per-student funding, propelling California's education gap. Developer Purchases Great America Theme Park for Long-Awaited Redevelopment A San Francisco developer has purchased the land on which Santa Clara's Great America amusement park stands for $310 million. The operator, Cedar Fair, purchased the land that it had been leasing for over 40 years ago from the City of Santa Clara just three years ago. Now, Cedar Fair has commented that it sold the sale under debt pressure to Prologis, who will lease the park back to Cedar Fair for the next six years. Cedar Fair can extend the agreement up to 11 years. Prologis has not yet commented on its development plans once the 11 years is up. (See related CP&DR coverage .) CP&DR Coverage: New Wrinkle in CEQA Exemptions The age-old question under the California Environmental Quality Act: When is a government action exempt under CEQA? The question is still evolving, as a recent unpublished appellate court ruling involving Los Angeles-controlled water in Mono County shows. The Los Angeles Department of Water & Power has controlled water in Mono County for more than a century and during that time has been engaged in more than a few battles with both local officials and environmentalists over how much water to ship to L.A. and what environmental mitigation should be required. The latest involves a set of leases on 6,100 acres of land owned by DWP in Mono County which were approved in 2010. A trial judge sided with the Sierra Club and Mono County, but the First District Court of Appeal overturned the decision. Quick Hits & Updates A judge has blocked Riverside's proposed Magnolia Flats residential and retail center after owners of a nearby supermarket sued, arguing that it would be impossible for delivery trucks and customers to properly access the parking lot. The developer has appealed the injunction and plans to move forward with constructing 450 housing units and a 9,000 square-foot retail center. The Redlands City Council unanimously approved a moratorium on new warehouses, joining the other Inland cities of Chino, Colton, Riverside, and Jurupa Valley. In the meantime, city staff members will review the impacts of existing facilities to plan for future guidelines. The Culver City Council has voted , 3-2, to abolish parking minimums after reviewing a survey on citywide off-street parking. However, minimums will remain until the zoning code is amended later this year. A California federal judge has reversed Trump-era restrictions to the Endangered Species Act, siding with several environmental groups and restoring protections for hundreds of wildlife species facing development and climate danger. California voters will decide the fate of an initiative to raise $100 billion over 20 years to reduce air pollution on the November ballot. The Clean Cars and Clean Air Act, which received over one million signatures, would tax income over $2 million to fund a transition to electric cars and efforts to reduce wildfire risk. Los Angeles Metro is pursuing a plan to reduce gentrification near its new train stations: land-banking. The process involves working with the county to purchase land early in the planning process and then selling it to affordable housing developers in order to increase housing accessibility near transit. The City of Palm Desert has offered city property to the Coachella Valley Housing Coalition at no cost to construct 14 multifamily units as part of the Palm Desert Merle Street Urban Self Help Program. Officials plan for the program to give low-income households an opportunity to become homeowners. Santa Barbara officials are considering an ordinance that would restrict applications to build new hotels until the housing element is updated to ensure affordable housing construction, especially for service workers. As a result, 21 existing hotel proposals would not move forward in order to limit the rise in vacation rentals and value of land zoned for housing. San Francisco residents will be some of the first to see ride-hailing, robot-operated Chevy Bolt EVs after the state Public Utilities Commission approved a permit for driverless vehicle maker Cruise. As more vehicles appear on the streets, Cruise is expected to publish an app for residents to request a robotaxi ride. Los Angeles County will join a new agency established to facilitate the planning, development, and construction of the High Desert Multipurpose Corridor project after the Board of Supervisors approved the motion by Supervisor Kathryn Barger. The 54-mile project is part of a larger initiative to connect Los Angeles to Las Vegas.

  • Major Budget Surplus: Funds for Climate Change, Housing

    While few economists would call California's revenue streams optimal -- especially with the constraints of Proposition 13 -- the state hit the jackpot in 2021 with, by some measures, a surplus of over $95 billion above projections. That surplus is bigger than the entire annual budgets of all but eight states. This year's total general fund budget amounts to $235 billion, up from $196 billion last year.

  • L.A. Water Cut to Mono Lessees Isn't A New Project Under CEQA

    The age-old question under the California Environmental Quality Act: When is a government action exempt under CEQA?

  • CP&DR News Briefs July 12, 2022: SB 35 Streamlining; Bruce's Beach; Laguna Beach Coastal Suit; and More

    HCD Determines Vast Majority of Jurisdictions Subject to SB 35 Streamlining The Department of Housing and Community Development announced updated SB 35 Determinations displaying the California cities and counties that are subject to streamlined housing approvals for specific housing projects under Senate Bill 35. For 2022, a total of 38 jurisdictions are exempt from streamlining, meaning that HCD considers their housing policies in full compliance with SB 35. Two-Hundred-Thirty-Eight jurisdictions are subject to SB 35 streamlining with at least 50% affordability; developments with at least 50% affordability would also be able to access SB 35 streamlining in the 263 jurisdictions noted below, for a total of 501 jurisdictions. Two-hundred-thirty-six jurisdictions are subject to streamlining with at least 10% affordability. For most of the state (501 jurisdictions out of 539 jurisdictions) SB 35 Streamlining is available to developments with at least 50% affordability. Accompanying the updated SB 35 Determination is an online interactive map . (See related CP&DR coverage .) Manhattan Beach to Return Property Unjustly Taken from Black Family Bruce's Beach, an open space that belonged to a Black family before the City of Manhattan Beach seized the property nearly a century ago and displaced the family, will officially be returned to the family of Willa and Charles Bruce. In 1995, the city transferred the beach to Los Angeles County, which unanimously approved the transfer last week. The county will rent the property from the Bruces for the next year. The move appears to be a historic plan that could encourage the return of more land to Black and Indigenous people and people of color, as many local entities are proposing land returns to combat long histories of government-sponsored displacement. Laguna Beach Sues Coastal Commission over Handling of Downtown Plan The Laguna Historic Preservation Coalition and two other groups have sued the Coastal Commission over its alleged negligence of detailing the environmental impacts of the Laguna Beach Downtown Specific Plan Update and voluntary preservation guidelines for property owners. The groups are requesting that officials rescind their authorization of the Specific Plan unanimously approved by the Coastal Commission and the historic preservation ordinance. The preservationists argue that the Commission flouted environmental law by failing to implement restrictions that would preserve "historically significant architecture" during remodeling, which they argue benefits larger property developers while harming "California character." The Historic Preservation Coalition has already failed in its attempt to restrict a remodel last year when a judge ruled that its argument about the threat to historic architecture seemed unfounded. Study Finds Affordable Housing Does Not Affect Nearby Property Values in O.C. A new study led by UC Irvine professor George Tita and the university's Livable Cities Lab confirms that affordable housing developments do not increase crime or hurt property values. The researchers' findings, using affordable complexes in Orange County, aligned with previous studies on affordable housing and found that, conversely, these developments tend to drive home prices higher, possibly because affordable developments tend to have more elaborate design standards or replace underused motels and commercial spaces. The researchers presented their findings to officials in the City of Irvine, hoping that the Orange County-specific data will encourage local policymakers to take a more generous approach to affordable housing projects. CP&DR Analysis: How Abortion Ruling Could Affect Property Rights  An indirect effect of the Supreme Court's abortion ruling in Dobbs could affect the way cities approach zoning and development approvals, writes Bill Fulton. For a century, zoning has been considered a constitutional limitation on private property rights in large part because courts – even very conservative ones -- have consistently found that property owners don’t have a constitutional right to develop their property under the 14th Amendment. It would seem that Dobbs would make it even harder for developers in California and elsewhere to file Section 1983 lawsuits and other claims that land-use decisions deprive them of their rights under the 14th Amendment – unless the land-use decision is so egregious it shocks the conscious. Quick Hits & Updates  A state appeals court has sided with two Berkeley neighborhoods groups hoping to stall UC Berkeley's student housing construction at People's Park. UC Berkeley may not move forward with any construction, demolition, tree clearing, or landscape alteration activities until July 19 when a more formal decision must be delivered. The Los Angeles City Council approved a plan to implement a Mobility Plan that was adopted seven years ago but has barely moved forward. The Mobility Plan includes proposals for a bus lane network, protected bike lanes, and "pedestrian-priority" areas in order to reduce traffic dangers, which have increased since 2015, and promote more auto-independency. The action plan includes increased coordination and prioritized action in low-income communities. A major warehouse project proposed for Beaumont has been put on pause after local residents, union workers, and environmental advocates argued for hours against the plan. Beaumont Planning Commissioners voted, 4-1, against recommending that the City Council approve an environmental impact report. The San Francisco Bay Conservation and Development Commission has voted to remove Howard Terminal's 56 acres from port designation, a key move allowing the project to move forward. Meanwhile, the fate of the project will remain in elected officials' hands after the Oakland City Council voted against a measure that would allow voters to decide if public funding should be spent on the waterfront development. A jury found downtown Los Angeles real estate developer Dae Yong Lee guilty of bribery in the corruption case against former City Councilman José Huizar when Lee paid Huizar $500,000 to push forward his plan for for a 20-story tower. Lee was also found guilty of wire fraud and obstruction of justice. In the midst of the planned closure of San Jose's Reid-Hillview Airport, a new study found that lead levels in the airport's soil did not exceed local, state, or federal standards. However, the debate over the closure remains heated, with many experts advising that particulate matter from airplanes will often land outside the airport, harming nearby residents. Despite last-minute objections from environmental groups over the L.A. River Master Plan, county officials will move forward with their plan to reimagine the river alongside architect Frank Gehry. The groups cited their disapproval of Gehry's "elevated platform parks," which they say have taken precedent over protecting the river itself. With the end of their current lease coming to an end, the Santa Cruz Warriors, winner of the 2015 NBA G League Championship, are searching for their next arena in lower downtown. The city council voted to begin an environmental impact report, and the planning department is working on redevelopment options with at least 1,800 housing units and new public spaces.

  • Will the Supreme Court's Abortion Ruling Make It Easier To Turn Down Development Projects in California?

    Will U.S. Supreme Court’s Dobbs abortion ruling make it easier for local governments in California to deny land use projects proposed by private developers?? The answer lies in the complicated and sometimes obscure area of law known as substantive due process – and the question of whether developing one’s property is, at least under some circumstances, a protected constitutional right, as abortion was under Roe v. Wade.

  • CP&DR News Briefs July 5, 2022: S.F. Fourplexes; L.A. Housing Element; SB 375 Effectiveness; and More

    San Francisco Adopts Controversial Citywide Upzoning Ordinance The San Francisco Board of Supervisors adopted, on a 6-4 vote, an ordinance designed to permit fourplexes throughout the city and six-unit homes on all corner lots. The ordinance allows property owners to construct duplexes throughout the city. Owners may then receive a density exception to build four or six total units, with the additional units subject to rent control. While housing advocates are celebrating the initiative, many are also concerned that it would not significantly increase housing density, particularly because there are several limits to who can build new housing. In particular, the ordinance requires any units beyond a second unit to be subject to rent control; critics say that restriction all but ensures that anything bigger than a duplex is unlikely to get built at all. The ordinance is the city's enabling legislation for SB 9, which requires cities statewide to eliminate most forms of single-family zoning. State Accepts Revised Los Angeles Housing Element The City of Los Angeles's updated housing element, "Plan to House L.A.," has been approved by the Department of Housing and Community Development. Going forward, city planners must approve zoning changes that will plan for 255,000 new homes by 2024. The HCD had previously rejected the draft 2021-2029 housing element, suggesting that the plan's failure to invest in green spaces and economic development in low-income communities hampered equity. In response, the city has proposed centering projects in high-opportunity areas, redeveloping public-facility zoned land, implementing comprehensive community benefits, constructing more ADUs, and assisting low-income homebuyers. Moving forward, the city will be able to pursue state grants to accomplish its goals. Air Board Draft Report Faults Sustainable Communities Strategies The state Air Resources Board released its Draft 2022 Progress Report on the state's Sustainable Communities and Climate Protection Act (Senate Bill 375) for public input. The report includes progress updates on greenhouse gas emissions reduction related to transportation, land use, and housing indicators. Notably, the report stressed that an increase in automobile use, caused in slow implementation of plans to discourage driving, is driving pollution, higher costs, and worsened quality of life, particularly for low-income communities and communities of color. Researchers also emphasized that local entities have largely failed to produce enough affordable housing in high-resource neighborhoods despite the policy's importance. The Board will take public comment through July 14, 2022. Los Angeles Places Affordable Housing & Homelessness Measure on November Ballot The Los Angeles City Council has unanimously agreed to place a measure that would enforce a sales tax on property worth over $5 million on the November ballot, allowing Los Angeles voters to decide whether wealthy landowners should pay higher taxes to fund affordable housing and homelessness prevention programs. If approved, the tax on properties valued between $5 and $10 million would increase by 4%, and properties valued at over $10 million would see a 5.5% tax increase, affecting a total 3% of property sales. Many affordable housing development would be exempt from the tax. The measure, "House L.A.," finds support from Unite to House L.A., a coalition of affordable housing and labor advocates. HCD Taps Melinda Coy to Oversee Housing Accountaiblity Melinda Coy has been named Proactive Accountability Chief of Land Use and Local Government Relations at the California Department of Housing & Community Development. This role oversees the department's work to ensure local governments are implementing thier housing elements once adopted, implementation of the Surplus Lands Act to ensure affordable housing developers have access to available surplus sites, and Housing Preservation Noticing law. Coy was previously a Senior Policy Specialist for the California State Department of Housing and Community Development, responsible for supporting implementation of housing and land use laws and policies including the review of local housing elements of the general plan and the provision of technical assistance to local governments. Coy has a bachelor’s degree in geography and political science from the University of California, Los Angeles and a master’s degree in public administration from the University of Southern California. CP&DR Legal Coverage: Cities Cannot Sue COGs over Housing Targets Cities can’t sue their council of governments over the housing targets they are given under the regional housing needs assessment. That’s the decision of an appellate court in San Diego – echoing a ruling originally issued in 2009 from Orange County. In the SANDAG case, the San Diego division of the Fourth District found the situation identical even though the weighted voting question was not an issue in  Irvine.  Most significantly, the court pointed to a 2004 law that eliminated judicial review of the RHNA process and quoted  Irvine  as saying, “The  City of Irvine  court … noted that its conclusion that the Legislature intended to preclude judicial review of RHNA allocations was also supported by the fact that, in 2004, the Legislature expressly  removed  a prior statutory provision  authorizing judicial review of RHNA allocations. Quick Hits & Updates   Angels owner Arte Moreno is seeking $5 million from the City of Anaheim to cover the costs of arranging the defunct Angel Stadium sale. Though the city has already agreed to return $50 million in escrow fees, Moreno's development business will file a claim for the city to return title, inspection, and legal fees. Meanwhile,Despite its attempts to distance itself from the failed Angel Stadium deal and the mayor of Anaheim's resignation due to a corruption investigation, the Anaheim City Council is facing heat from an Orange County grand jury, which maintains in its report that officials propelled a lack of transparency in the deal by prioritizing corporate interests. (See related CP&DR coverage .) A plan to construct a 320-foot dam near Pacheco Pass is facing pushback with a lawsuit which states that the $2.5 billion reservoir proposal fails to consider the environmental impact of drilling and other geological interventions. The lawsuit comes from Stop the Pacheco Dam Coalition, a group of environmentalists and landowners whose property would be flooded. Governor Gavin Newsom has appointed Tony Tavares as the new Caltrans Director. Tavares is the current Director of Caltrans District 7 and has filled several roles in the department since 1997. A Fresno County Judge issued a tentative ruling that would prevent Adventure Church from stopping the sale of the historic Tower Theater to the city, making the city's ownership virtually certain. The Encinitas City Council has approved an updated plan for a 250-unit, multi-story apartment development located in the southern edge of Olivenhain with 50 units designated as affordable. The move comes in response to pressure from Attorney General Rob Bonta and state housing officials. The San Diego Housing Commission's study of citywide affordable housing has received an Award of Excellence from the National Association of Housing and Redevelopment Officials. The report also recommends several approaches to ensuring sustained affordability that are based off data from an inventory of existing deed-restricted affordable housing units. A proposed Empty Homes Tax that would tax homeowners with vacant lots in an effort to reduce underused space and raise money to spend on affordable housing projects will likely appear on the November ballot in Santa Cruz. Officials are considering studying water bills to identify vacant homes. The Culver City Council approved , 3-2, a plan to draft an ordinance that would eliminate parking minimums throughout the entire city and provide recommendations for parking maximums.

  • CP&DR Vol. 37 No. 6 June 2022 Report

    CP&DR Vol. 37 No. 6 June 2022

  • CP&DR News Briefs June 28, 2022: Burbank SB 35 Lawsuit; San Diego ADU Parking; L.A. Political Contributions, and More

    Burbank Faces SB 35 Lawsuit over Denial of Residential Development YIMBY Law filed a lawsuit against the City of Burbank for illegally blocking a project seemingly compliant with SB 35. The lawsuit states that the rejection of the 96-unit condominium project violates the state law, which streamlines approvals for new housing when a city is not on track to meet RHNA goals. Burbank's City Planning Department and the Department of Housing and Community Development had previously reviewed the project and found that it met all of SB 35's requirements. However, Burbank rejected the project, aligning with residents concerned about traffic and equestrian activity. The state HCD has also sent Burbank a Notice of Violation in response to their rejection. (See related CP&DR commentary .) San Diego Reconsiders Parking Exemptions for ADUs The City of San Diego is going backwards on its parking exemption policy for property owners planning to build new accessory dwelling units along the coast. Moving forward, beachside ADUs must have parking spots unless they are located near a trolley stop or bus line. The move comes in response to a push from the state Coastal Commission, which hopes that ADU residents using parking spaces will reduce tourists' use of beachside parking spots. The Coastal Commission also submitted several others requests, including that the city reviews ADU construction in coastal areas and that property owners alert tenants that they are at risk to sea-level rise. Los Angeles Bans Political Contributions from Developers In an effort to reduce corruption, many Los Angeles developers and property owners will be banned from making local political contributions after a new law enforces restrictions if the entity is associated with a "significant planning entitlement" filing in the city and qualifies as a "restricted developer." Once the city has reviewed an application and for the following 12 months, the applicant and associated principals will be prohibited from donating to elected officials, candidates, and committees. If a person or entity is out of compliance, they may not be listed on an application for another 12 months and may face additional penalties. CP&DR Coverage: New Urbanism Takes Hold in Redlands The majority of development in the Inland Empire has followed a pattern of low-density sprawl. The City of Redlands, though, is taking aggressive steps to embrace urbanism. A major project designed by a New Urbanist architecture firm is set to remake downtown, replacing a dormant 1970s mall. And, after over ten years of discussion, the city is on the verge of adopting a specific plan to create villages around three rail stops along the forthcoming Arrow line. Quick Hits & Updates The San Francisco to San Jose segment of California's high-speed rail project is projected to cost three times the previous cost estimate, rising to $5.3 billion, with the whole project costing a possible $120 billion, according to a new report. The rising costs are largely due to inflation, real estate prices, and supply chain issues. The potential designation of the western Joshua tree as a threatened species remains unclear after the state Fish and Game Commission left the debate undecided in a 2 to 2 vote. Staff biologists previously recommended against doing so, noting that the impact of climate change on the species was uncertain. The staff of the San Francisco Bay Conservation and Development Commission has recommended approval of the Oakland A's request to redevelop Howard Terminal into a $12 billion waterfront ballpark complex. The first step would involve removing Howard Terminal's 56 acres from port designation. The Encinitas City Council has approved an updated plan for a 250-unit, multi-story apartment development located in the southern edge of Olivenhain with 50 units designated as affordable. The move comes in response to pressure from Attorney General Rob Bonta and state housing officials. The pending $400 sale of Point Molate shoreline to the Guidiville Tribe of Pomo Indians and developer Upstream Point Molate LLC is facing turbulence after court officials granted Winehaven Legacy LLC, the previous chosen developer who planned to build thousands of homes on the property, its requested temporary restraining order to prevent the sale. The Department of Housing and Community Development has released new features in its housing element Annual Progress Report Dashboard, including daily refreshes as local governments submit data, a Timeline Page, Key Figures to aid in progress comprehension, and an option to track headway toward meeting housing requirements. The cost of sheltering 1,000 unhoused residents at a former Oakland Army Base is not only $22.5 million per year but extreme health risks to future residents, according to a city staff report. The report identified that the cost would approach that of the city's entire homelessness operations and that the site is polluted with lead, arsenic, and kerosene. A federal judge has approved a settlement between the City of Los Angeles and the LA Alliance for Human Rights that requires the city to commit to spending $3 billion on providing 16,000 beds or housing units to unhoused people within five years. The county's part of the lawsuit has not yet been settled.

  • Mixed Bag on June Ballot Measures

    Only a handful of land use measures made it on to local ballots in June -- but it was a varied, colorful bunch.

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