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Cities can’t sue their council of governments over the housing targets they are given under the regional housing needs assessment.

State Pre-empts Coastal Height Restriction in San Diego The Department of Housing and Community Development  approved a San Diego affordable housing developer's plan to construct a structure that would extend far beyond the city's 30-foot coastal height limit. San Diego Community Housing Corporation is proposing to construct 60 deed-restricted units within a 60-foot, four to five story building called Rose Creek Apartments. The ground floor would include meeting spaces for support services and social gatherings. The state's permission is expected to set a precedent for residential projects in other neighborhoods, including University City, Pacific Beach, Midway District, and South Bay, which currently feature a low profile due to a 1972 voter initiative that prohibits buildings over 30 feet within the coastal zone. The decision also demonstrates that the State Density Bonus Law supersedes that local initiative. S.F. Supervisors Seek Ballot Measure to Undo Car-Free Roadway While the San Francisco Board of Supervisors voted to to make Golden Gate Park's John F. Kennedy Drive permanently car-free in the spring, a proposed ballot measure would restore car access to JFK and other streets throughout the city. The measure, "Access for All," was filed by disability advocate Howard Chabner and has found support from the Fine Arts Museums of San Francisco as an effort to increase equitable street access. It would restore car presence not only on JFK but various citywide stretches with exceptions on Sundays, holidays, and Saturdays for half of the year, a pre-pandemic policy. The measure still needs certification to collect signatures and will require 9,000 signatures to appear on the November ballot but would likely face significant opposition from officials and the majority of residents who support a car-free JFK. Major Upgrades to L.A. Union Station Approved The Los Angeles Metro Board of Directors and California High-Speed Rail Authority approved an agreement for funding the initial phase of upgrades to Union Station, paving the way for two run-through tracks and a viaduct over the US-101 freeway. The funding includes $423.3 million for the project's first phase and a $297.8 million preconstruction budget, totaling only a fraction of the Link Union Station project's $2.3 billion cost. Plans for the following phases include raising the main platform, more run-through tracks, and a new passenger concourse. Officials hope that the new station will provide transit for over 200,000 passengers daily and encourage access to more nearby bus operations. Report Catalogs Impediments to SB 9 Projects New analysis from researchers at UC Berkeley's Terner Center for Housing Innovation considers 10 cities' individualized approaches to introducing SB 9, examining affordability and land use requirements, design standards, and other policies that tend to restrict new home construction. Policy Associate Muhammad Alameldin and Policy Director David Garcia conclude that strict local interpretations make ADU construction less feasible. They outline several policy recommendations for increasing the housing stock under SB 9: providing accessible information about ADU construction, tracking SB 9 project progress under a state system, incentivizing construction with pre-approved design standards and same-day permitting approvals, and subsidizing projects to increase affordability. CP&DR Coverage: Guiding the Next Era of California Planning Bill Fulton's Guide to California Planning was originally written at the beginning of the 1990s, when the era of infill development was just beginning, and it is hard to know the best way even to revise this book to address the issues of a more urban California. The state legislature passes laws that encourage the development of compact communities in existing urban areas with jobs and transit – and, increasingly, laws that encourage or mandate more housing production – while at the same time the state kills redevelopment, suspends funding for transit operations, and imposes environmental regulations that favor low-density development. It’s as if California wants to embrace its urban future, but is scared to leave behind the familiar suburban past. Quick Hits & Updates  The San Benito elections office unofficially approved the petition for the Let Voters Decide How San Benito County Grows initiative, sending the proposal to the county Board of Supervisors who will either adopt the initiative or put it on the November ballot. The initiative would let voters decide the fate of projects that require rezoning. 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. 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 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. 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. San Diego officials have officially approved new short-term rental regulations that will cap vacation rentals at one percent of the city's total housing stock, incorporate 16 new enforcement positions, and introduce a lottery system for permits.

Baseball usually supplies good metaphors for just about any occasion. But, what's gone down in Anaheim over the past few weeks exceeds anything that the diamond might offer up. It's more like Wrestlemania than the National Pastime. The short version is this: Los Angeles Angels (of Anaheim) owner Arte Moreno has been wanting to redevelop the roughly 140 acres currently occupied by Angel Stadium (formerly Anaheim Stadium and a few other things) and its vast expanse of parking lots that is bigger than Disneyland. Even if you don't like baseball, or team owners, this is probably a bona fide Good Thing. We'll get to the reasons in a moment. The team and the city worked out a complex deal in which the city would sell the stadium and parking lots to a Moreno-owned subsidiary for $320 million. The development proposal called for over 5,000 units of housing, 2.7 million square feet of office space, and 1.1 million square feet of retail, restaurant, and hotel space – plus some public amenities such as a park. Meanwhile, the city was going to credit Moreno with $124 million to build 466 units of affordable housing onsite. The city referred to the plan as " The Big A: 2050 ." The deal got momentarily hung up by the Surplus Land Act, which requires public agencies to prioritize the development of affordable housing on publicly owned parcels. As CP&DR reported a few months ago, the act, while well intentioned, has flummoxed many a public agency and frustrated many a developer. Whatever the state might assume about the need for affordable housing, those assumptions don't necessarily match up with what a city wants or what can pencil out for a developer.

Berkeley Approves Thousands of Units Near BART Stations The Berkeley City Council voted to approve the construction of several seven-story buildings with a total of 2,400 units at North Berkeley and Ashby BART stations. The residential buildings could reach 12 stories with a combined 3,600 units using a state density bonus once the developer is established and the design process begins within the next year. With the environmental review already approved, construction at both stations is expected to begin as soon as 2025 and end in 2030. The developments must include a minimum of 35% affordable units. However, many residents who attended the city council meeting urged for 100% affordable housing and discussed the government's displacement of Black residents when it took the land using eminent domain to construct the Ashby station. S.F. Affordable Housing Plan Would Cost $1.3 Billion San Francisco would require an additional $1.3 billion to meet housing requirements that are set to begin next year, according to the Mayor's Office of Housing and Community Development. Over the next eight years, officials must build 82,000 new homes, including 32,000 affordable units. While 11,000 units of affordable housing are underway in the city, San Francisco's market-rate housing construction continues to outpace its affordable housing production; the city produced 48 percent of its affordable goal and 151 percent for market-rate. Primarily to blame are extreme construction costs and San Francisco's affordable housing funding gap, a pertinent topic for the Board of Supervisors' Government Audit and Oversight Committee that will continue to evolve as Mayor London Breed releases her proposed budget. Court Ruling Curtails Fracking in Coastal Zone New permits that authorize fracking off the California coast will come to a halt after the U.S. 9th Circuit Court of Appeals ruled that offshore drilling permits cannot be approved without a complete federal environmental review. The decision comes from a 2016 lawsuit filed by the state, the Coastal Commission, and environmental groups who argued that the federal government violated environmental law when it approved oil drilling using inadequate environmental assessments instead of a full review. California Attorney General Rob Bonta celebrated the decision and emphasized that fracking augments pollution and climate change, citing last year's Huntington Beach oil spill, and many are hopeful that the move will incite plans to end fracking for good. CP&DR Legal Coverage: CEQA Delays, Project Descriptions Unless local open space advocates appeal the ruling to the California Supreme Court, a ruling in Marin County would appear to be the end of the line for the property on the southern tip of the Tiburon Peninsula, which the advocates have dubbed “Easton’s Point”. The Martha Company put the property on the market in 2018 for over $100 million but has since dropped its price to around $60 million. Martha and the Trust for Public Land are now engaged in a joint appraisal of the property. If the case does go to the Supreme Court, the judge is essentially daring the justices to draw a bright line on CEQA delays. An appellate court ruled that Siskiyou County described a proposed water bottling plant project adjacent to Mount Shasta too narrowly. The court also found fault with the way the county analyzed climate change impacts. CEQA experts know that creating the right project description is critical to the environmental review process. Describe the project too broadly and you’ll be required to examine a slew of alternatives that the permit applicant might not be able to pull off. Describe it too narrowly and you face criticism from project opponents that you’ve rigged the process so that only the project being proposed can move forward. That was the argument made by opponents of the Crystal Geyser project – and, while disagreeing with the opponents on several aspects of the project description, the appellate court agreed that the the description was ultimately too narrow. Quick Hits & Updates The Huntington Beach City Council has approved a conditional use permit and tentative tract map for a 48-unit condominium project with commercial and parking space that has previously faced multiple rejections. Officials noted that updates to the Housing Accountability Act have reduced opportunities for cities to deny housing projects. (See related CP&DR coverage .) Fair Housing Advocates of Northern California  reached a settlement with the owners of a Marin County apartment development who refused to make any of their 646 units available to low-income residents receiving financial aid under the Section 8 program. The owners have agreed to follow state law which prohibits housing discrimination based on income. The U.S. Supreme Court has sided with an Oakland ordinance that requires property owners to pay the relocation expenses of tenants they evict after rejecting a challenge by a couple who claims that it has was punished for exercising the right to regain their property when they paid relocation costs in 2018. A federal judge reversed the Trump-era Fish and Wildlife Service conclusion that the sage grouse, a species found along the Nevada-California border, does not need federal protection. Judge Jacqueline Scott Corley ruled that the decision failed to use proper science and that the species should be identified as "threatened." In a new report, UCLA's Lewis Center for Regional Policy Studies analyzes the state's "builder's remedy" for noncompliance with with Housing Accountability Act, finding that the remedy, which allows affordable housing developers to move past cities' zoning and general plan, is so unclear that developers rarely submit a builder's remedy project. Construction on Amazon's largest logistics network warehouse worldwide is nearly completed , spanning 4.1 million square feet and five stories in southwestern Ontario. At the same time, e-commerce declines and warehouse moratoriums are pressuring the company to reduce its warehouse network. California has been ranked as the fourth most bicycle-friendly state in 2022, according to a report from the League of American Bicyclists. While the league celebrates the state's recent bicycle policy, it writes that officials must fill the $2 billion gap in funding in biking and walking investments. Pursuant to SB 1000, a law that requires cities and counties to prioritize environmental justice and reduce harm to impacted communities, Santa Ana officials unanimously approved an update to the city's General Plan that incorporates environmental justice efforts intended to confront public health dangers, notably lead-contaminated soil. Marin County supervisors have adopted interim ordinances that restrict local control over new residential housing construction. While their approval generally adheres to recommendations from the county's Planning Commission, the supervisors did extend the maximum house size allowed for SB 9 construction to 1,200 square feet instead of 1,000. (See related CP&DR coverage .) Fontana officials have adopted new regulations intended to force logistic centers to reduce their pollution after Attorney General Rob Bonta sued the city nine months ago for violating the CEQA with its approval of a trucking warehouse adjacent to a high school. The regulations include a buffer zone of 10 feet around all warehouse projects sized over 50,000 feet and the planting of drought-tolerant trees within the buffer zone. The developer of Los Angeles's Temescal Canyon trailhead facility is facing a $6 million fine from the Coastal Commission for violating the access rights of visitors. The enforcement analyst noted that the several failed attempts to transfer the privatized property to city control have specifically burdened low-income and disabled communities and communities of color. Environmental group Sempervirens Fund will pay the YMCA $9.6 million to preserve Camp Jones Gulch, a 928-acre property the camp owns in the Santa Cruz Mountains that is home to redwood trees. The group will own the timber and other development rights to prevent the YMCA from attempting to deforest the redwoods to fund facility upgrades.

California in the 2020s is a mature urban beast: expensive, crowded, running out of land, and -- at least for the moment ; losing population. But the California planning system is ; to some extent still stuck in the growing suburban state of the 1980s. Its focused on growth management, impact fees, subdivision approvals, and ; thanks to the California Environmental Quality Act ; making sure that bad things dont happen. In the past, I have always assumed that at some point this system would be comprehensively overhauled to reflect Californias new urban reality. But over the past year, as I have revised Guide to California Planning for the sixth time in the last 30 years, I have come to realize that this is never going to happen. Yes, the Legislature wants to make significant changes on certain issues ; housing in particular, but also, for example, CEQA as a result of the Berkeley enrollment case. But no one in Sacramento sees any percentage in a comprehensive overhaul. The Sixth Edition of Guide to California Planning is now available as an e-book. You can buy it here. (The printed edition will be available later this year.) And, like most previous editions, it reflects the tension that exists between the urban state we have today and the suburban-era planning system that emerged in the 1970s and ‘80s. Greenfield development still occurs on the urban fringe, especially in the Central Valley and the Inland Empire—two regions that could be considered the new suburban frontier. But in most parts of the state, the nature of urban growth has changed dramatically since this book was first published in 1991. The old suburban frontiers like Orange County and Silicon Valley have matured into urban areas—diverse, thriving, and running out of land. Redevelopment, infill, high-density, mixed use, transit-oriented, sustainable—these are the phrases that dominate California planning today, and they reflect the states changing circumstances. California today is a mature, expensive, diverse, crowded urban place. Yet the fundamental structure of the planning system described in this book remains largely unchanged from the 1960s and 70s, when it was created and put into place. The system still assumes, by and large, that California is suburban, and that growth is achieved by converting raw land into the first generation of suburban housing tracts, shopping centers and business parks. In the past 20 years, the system has inched toward todays urban reality, but only with great difficulty. As we move deeper into the 21st century, we are faced with the task of adapting a cumbersome structure oriented toward suburbia so that we may cope with a very different society. Regulating the subdivision of land will, no doubt, remain an important activity. But over time, the buildout scenario will become relatively less important compared with the question of what happens when a supposedly built-out neighborhood grows and changes in ways the original planners never anticipated. In recent times, we have started to glimpse Californias volatile, urban-oriented future. We see it in places like downtown Los Angeles and downtown San Diego, both of which have started to become truly bustling, big-city downtowns full of jobs, culture, public transit and, most crucially, residents. We see it in inner-ring suburbs such as Pasadena and Redwood City, which are increasingly self-contained cities where virtually all new housing is in the form of condominiums, townhouses and apartments. We see it in cities like Sacramento, Berkeley, and Oakland, which are in the process of abolishing single-family zoning altogether. We see it in the long-range regional plans that no longer expect the metropolitan bubble to grow outward in a substantial way. Although planners are participants in this evolution, the technical tools available to them remain oriented toward measuring and regulating the first generation of a communitys growth. This book was originally written at the beginning of the 1990s, when the era of infill development was just beginning, and it is hard to know the best way even to revise this book to address the issues of a more urban California. The state legislature passes laws that encourage the development of compact communities in existing urban areas with jobs and transit ; and, increasingly, laws that encourage or mandate more housing production ; while at the same time the state kills redevelopment, suspends funding for transit operations, and imposes environmental regulations that favor low-density development. Its as if California wants to embrace its urban future, but is scared to leave behind the familiar suburban past. Operating within this tension is not easy for Californias planners. And, unfortunately, they get limited guidance from the state. The Governors Office of Planning ; Research is supposed to provide strong guidance on how to navigate the system, but OPR has always been subject to the political whims of the whoever the current governor is and cant always be counted on to do the job. (Although the Planning ; Community Development unit, under the able leadership of Deputy Director Erik de Kok, is increasingly providing detailed guidance on climate change, wildfires, and other relevant topics. Erik was invaluable to me in preparing the new edition.) But I am hopeful that the new edition of Guide to California Planning will continue to help planners in California navigate the increasingly urban thicket. Again, you can buy the e-edition here and the print edition will be available later this year ; stay tuned to CP&DR about when!

Grand Jury Raises Concerns about Toxicity at Major S.F. Redevelopment San Francisco's plan to bring housing units, commercial development, and green spaces to the former Hunters Point Naval Shipyard space fails to consider the potential impact of hazardous chemicals at the site, according to a new grand jury report. Researchers suggest that rising groundwater propelled by climate change may expose residents living around, working in, or visiting the largest redevelopment project in the city since the 1906 earthquake to toxic particles, including heavy metals and radioactive substances. The report also notes that, in addition to inadequate prevention, the city will be severely underprepared to respond to the public health and environmental crisis. Thus far, the health department has avoided responding to questions regarding the report. (See related CP&DR coverage .) Report Praises San Diego Density Bonus Program A new report from Circulate San Diego touts the city's Affordable Homes Bonus Program (AHBP) and details its specific successes as a driver of deed-restricted affordable and market-rate housing construction. The AHBP approves more housing production for developers if they designate a portion of their project as affordable, expanding upon the Density Bonus Law by allowing developers to build 50 percent more homes if 15 percent of the original proposal is set aside for low-income residents. Since its start in 2016, AHBP been used in the production of 6,481 homes (including 463 affordable), and in 2020, 44 percent of authorized homes were part of AHBP. The report suggests that the AHBP is influential and should be referenced as reasoning for increasing the state Density Bonus Law. 51-Mile Los Angeles River Master Plan Finalized Los Angeles County revealed its final Los Angeles River Master Plan, which prioritizes improving water quality, supporting wildlife ecosystems and biodiversity, and increasing equitable access to green spaces. Proposals include the completion of 51 miles of open space and the L.A. River Trail along the river, providing safe transportation and points of access to the river, connecting wildlife habitats, and planting native species of greenery. Officials have also urged for the construction of affordable housing units nearby to minimize gentrification and displacement. The plan, with an interest in improving the local water supply and engaging the community, features public input gathered at over one dozen community meetings and 15 events with various local organizations. The Board of Supervisors will review the plan on June 14. Study Finds Fault with Cities' Climate Action Plans Dozens of city and county climate action plans frequently fail to include actionable plans on equity, according to a new study. The report analyzed 170 current climate plans that have increased language about pursuing more equitable action but fail to consistently include definite action. For example, proposals will frequently include "green" plans, such as planting trees, because they appear less controversial and more budget- and action-friendly, even though sorting through energy and transit use would have a much larger impact. Additionally, plans fail to consider local inequities, can be repetitive, and lack "gray" policies that center affordable housing, transit, and other large focuses. Cities and counties tend to stall and effect minimal true change. CP&DR Coverage: White House Housing Plan's Implications for California Mirroring the raft of housing laws, regulations, incentive programs, and planning guidelines that the State of California, the Biden administration announced a collection of programs to do the same on a national scale. Through the plan, the federal government will take a novel interest in local land use, an area technically outside of federal jurisdiction. It does so indirectly through financial incentives, most significantly $11.75 billion in grants to state and local governments to support planning efforts that facilitate housing. The plan calls, in part, for cities to ease away from single-family zoning and other land-use designations that lead to exclusivity and artificial scarcity. Quick Hits & Updates  In a petition to the Water Resources Control Board, Indigenous leaders and environmental justice activists are urging the state to change its water quality plan for the Sacramento-San Joaquin River Delta, maintaining that the damage to ecosystems is directly related to violence against Indigenous peoples, the taking of land, and efforts to diminish autonomy. A plan to bring more lanes to the 710 freeway will officially not move forward after the Los Angeles Metro board  voted to kill the $6 billion project in favor of looking toward other methods for reducing traffic. Instead of bringing more pollutants to a community facing high rates of asthma and severe health burdens, the decision encourages further environmental justice action. Dam removal projects on two state rivers is about to begin , with the largest proposal removing four dams along the Klamath River. Moving south, PG&E's license expiration for the Potter Valley Project indicates that dam removal may begin along the Eel River, uncovering the longest free-flowing river in the state. Oakland officials voted 6-1 to limit rent increases for rent-controlled apartments at 3 percent, a 3.7 percent reduction from the previous one-year rent increases. Many are celebrating the move, as Oakland residents were seeing some of the highest rent increases in the city's history among a housing and homelessness crisis and the pandemic. The Dublin City Council has unanimously approved an amendment to the 573-unit East Ranch project that will allow the project to move forward by associating it with the state's Housing Accountability Act instead of local rules. Going forward, Trumark Homes will deed-restrict a portion of the units and pay in-lieu fees for the affordable units instead of handing the affordable development off to a private company. San Francisco Mayor London Breed has introduced a plan to invest $67.4 million in reducing homelessness, with most of the funds dedicated to increasing pay for frontline workers and hiring more on-site case managers who would connect residents to healthcare, jobs, and more resources. The rest of the funding would go toward housing upgrades. Some of Silicon Valley's most expensive real estate has been identified by Menlo Park for affordable housing construction, drawing criticism that the housing element does not include actionable proposals and should center more transit-oriented locations.  Several experts have criticized a new agreement from the Boeing Company and the state that outlines Boeing's requirements for protecting people and the land in its cleanup of the chemically-polluted Santa Susana Field Lab site, stating that the updated proposal is much weaker than the original 2007 cleanup plan, which was never executed, and will leave too many chemicals. The state Department of General Services and the Department of Housing and Community Development have awarded two blocks in Downtown San Diego to Michaels Organization, which will construct affordable and market-rate housing and office and retail space. The move is a part of Gov. Gavin Newsom's Excess Land for Affordable Housing Executive Order. Brookfield Properties has introduced a proposal to redevelop 27 acres of parking lots surrounding the Stonestown Galleria into 3,000 housing units, a retail street, and new parks and plazas. The San Francisco Planning Department is asking for public commentary as the project begins its environmental review process to meet its intended groundbreaking in 2024.

More news on the CEQA project description front: An appellate court has ruled that Siskiyou County described a proposed water bottling plant project adjacent to Mount Shasta too narrowly. The court also found fault with the way the county analyzed climate change impacts.

Anaheim Stadium Deal Collapses Amid Alleged Malfeasance Angels owner Arte Moreno's development company has agreed to abide by Anaheim City Council's decision to redevelop the Angel Stadium sale. The move comes after two Anaheim officials associated with an FBI investigation of the sale stepped down: Mayor Harry Sidhu, who has been accused of bribery, fraud, obstruction of justice, and witness tampering, and Melahat Rafiei, a member of the Democratic National Committee and state party secretary, who has been accused of bribery. The team has been notified to keep documents related to the sale if further legal action is taken, and Anaheim will return the $50 million Moreno put in escrow. While the move culminates a decades-long saga for the moment, it's unclear whether Moreno will look to new negotiations in Anaheim or another city. The deal, which had been in the works for years, had been complicated by new provisions in the Surplus Land Act requiring the consideration of affordable housing on public sites. (See related CP&DR coverage .) San Francisco Voters May Face Competing Housing-Related Ballot Measures San Francisco Supervisor Connie Chan has introduced a charter amendment for the November ballot to streamline affordable housing construction, which has received support from several other supervisors. If the amendment, in addition to a previously released plan from Mayor London Breed, makes it on the ballot, voters will consider two contesting housing proposals. Chan's proposal, which is championed as more progressive than the Mayor's for its push for affordability over market-rate housing, would waive discretionary reviews for 100% affordable projects, teacher housing, and multifamily developments that meet affordability requirements. While the YIMBY group measure, backed by Mayor Breed, requires about 27,000 more signatures by July 11, Chan must gain the support of five of her fellow supervisors by July 26 to qualify. Land Use Measures on Santa Cruz County Ballot Voters in Santa Cruz County voters will consider two significant measures on their June 7 primary ballot: Measure D, the Santa Cruz County Greenway Initiative, and Measure F, a sales tax increase. Measure D would update the county General Plan's Circulation Element to accommodate the construction of an interim trail within the Santa Cruz Branch Line Rail Corridor. While supporters hope that a 32-mile trail will increase access to the outside and reduce car use, opponents believe the measure's intention is ambiguous. Measure F, meanwhile, would increase the county sales tax by 0.5% to 9.75% to fund more local services. Supporters maintain that the measure will increase affordability and livability, while opponents disagree with the directing of money to the general fund, stating that it will be difficult to ensure which programs are funded. Climate Report Card Gives High Marks to California Cities While most large U.S. cities are not on track to meet their climate goals, San Francisco is equitably cleaning up its energy use, according to the 2021 City Clean Energy Scorecard. The report, released by the American Council for an Energy-Efficient Economy (ACEEE), ranks 100 major U.S. cities on efforts including reducing energy waste in homes and buildings and moving toward a cleaner power grid. San Francisco came in first place for its new program that provides free home energy-saving kits to residents living in low-income areas with high pollution. The city also updated its energy code for new buildings and received honors for its transportation programs. Los Angeles, San Jose, and Oakland took 8th, 9th, and 10th place, respectively. CP&DR Coverage: Unpacking Burbank's Interpretation of SB 35 SB 35 permits ministerial approval of housing projects in some circumstances, assuming they meet affordable housing and labor requirements, in cities that are not meeting their regional housing targets. As Bill Fulton writes, we’ve seen SB 35 fights in many cities, but most of the time the staff has made the determination as to whether SB 35 applies – a logical approach given that ministerial, by definition, means that city councils and planning commissions don’t get to review the project. But not in Burbank, where the city council has adopted an ordinance giving itself the power to determine whether a project meets SB 35 criteria. Quick Hits & Updates  San Diego City Council has identified the top three finalists for the redevelopment of the Midway District's sports arena site, with affordable housing and experience with indoor arenas as the top criteria. In descending order of affordable housing units proposed, Midway Rising, HomeTown SF, and Midway Village+ will move forward in competition over developing the 48.5-acre site. Marin County has voted to temporarily ban new vacation rental applications along the coast and in San Geronimo Valley until policymakers form a strategy for ensuring that residents' housing and job needs are met while welcoming tourism. A plan to transform the unoccupied Woodland Hills Promenade mall into a 3.2 million square-foot urban district has shifted gears after Los Angeles Rams owner Stanley Kroenke purchased the property. While plans remain unknown, the purchase suggests that Rams presence will significantly impact the area. An ordinance introduced by San Francisco District 10 Supervisor Shamann Walton is preventing a 5.8-acre Amazon warehouse in San Francisco's Mission Bay from moving forward. The legislation requires new parcel delivery service locations to acquire additional conditional use approval from the Board of Supervisors Planning Department, which would consider whether or not the developer properly considered community input. The Port of Oakland's board of commissioners approved a proposal from Eagle Rock Aggregates to build an open-air sand and gravel storage and distribution operation on 18 acres that would produce $43-60 million in profits. Environmental activists have fought against the 12-year lease, arguing that it will pollute the community. A new study from UC Berkeley on five California railways finds that transit projects frequently run over budget and behind schedule, pointing to ineffective planning and management. Researchers suggest that lessons learned, such as the necessity to plan well in early stages and ensure that builders have a platform to contribute to project design, should apply to transit projects throughout California and the United States. Transforming 42 acres of contaminated railroad property along Cypress Park and Glassell Park into a "crown jewel" of L.A. River park land could come with a $1 billion price tag, according to a new study by the Bureau of Engineering. The City of Los Angeles purchased a piece of Taylor Yard, known as G2, for $60 million in 2017 with a plan to revitalize the L.A. River. Kaiser Permanente has committed to doubling its Thriving Communities Fund to $400 million, which would go toward affordable housing and other projects. Their new plan is to make 30,000 units available by 2030. L.A. Metro approved the environmental impact report for the 18-mile, 22-station Bus Rapid Transit through North Hollywood, Burbank, Glendale, Eagle Rock, and Pasadena. The plan, mostly based on the Beautiful Boulevard proposal, includes one bus, one car, and one bike lane in addition to on-street parking for each direction along Colorado Boulevard.

CP&DR Vol. 37 No. 5 May 2022

After 48 years of wrangling, Marin County is negotiating with a property owner over possible purchase of a spectacular 110-acre parcel of land in Tiburon. The negotiation comes after an appellate court upheld Tiburon’s recent reluctant approval for a 43-unit subdivision. The appellate court’s ruling was written by veteran Justice James Richman, who concluded his 110-page analysis of the California Environmental Quality Act by saying, “Something is very wrong with this picture.” “The dispute is almost as old as CEQA itself,” Richman wrote as part of an extensive tirade against CEQA. “CEQA was meant to serve noble purposes, but it can be manipulated to be a formidable tool of obstruction, particularly against proposed projects that will increase housing density.” Unless local open space advocates appeal the ruling to the California Supreme Court, Richman’s ruling would appear to be the end of the line for the property on the southern tip of the Tiburon Peninsula, which the advocates have dubbed “Easton’s Point”. The Martha Company put the property on the market in 2018 for over $100 million but has since dropped its price to around $60 million. Martha and the Trust for Public Land are now engaged in a joint appraisal of the property. If the case does go to the Supreme Court, Richman is essentially daring the justices to draw a bright line on CEQA delays. The court case revolved around the question of whether Tiburon’s CEQA analysis was boxed in by two federal court stipulated judgments, one dating back to 1976.

Coastal Commission Officially Kills Huntington Beach Desalination Plant The Coastal Commission officially voted against Poseidon Water's desalination plant proposal in Huntington Beach, handing a victory to several environmental activist groups and many Huntington Beach residents after a decades-long dispute. Though the plan was intended as a solution to magnifying drought, the commission staff's recommendation against the plant which spurred the department's permit rejection will likely put an end to the $1.4 billion project. The commission voted in opposition to Gov. Gavin Newsom's push for desalination plants and argued that the project would have generated high costs and proved risky atop an earthquake fault and with sea-level rise. Those in support of the commission's vote noted that the project would have further commodified water infrastructure instead of pushing for effective regulation and conservation. Number of Homes Threatened by Wildfire to Grow Sixfold by 2052 The number of properties at risk of wildfire devastation is expected to multiply by six 30 years from now, according to new data from First Street Foundation that considers just the impact of global warming on increased risk. The data suggests that the 100,000 properties currently at a 1% or greater annual chance of impact would grow to 600,000 by 2052, assuming development remains constant. In California, over 4.6 million properties currently have a .03% or greater chance of facing wildfire burden, a figure that would rise by 7.6% three decades from now to 5.5 million. Risk is expected to increase particularly in Sonoma (41.6%), Napa, Marin, Yolo, and Santa Barbara, and California will likely be home to the largest number of properties facing a 1% or greater annual risk. Tribes Seek Historic Designation for 186 Square Miles in Owens Valley Five Indigenous tribes who have long lived on Owens Valley land have nominated 186 square miles of the dried up lakebed for recognition in the California Register of Historical Resources and the National Register of Historic Places. Noting the region's history of plentiful resources for the Indigenous population prior to the devastating impacts of colonialism and Los Angeles's secretive land acquisition operation to construct an aqueduct in the 1900s, tribal members intend for the nomination to reflect both "beauty and suffering." If approved, the Patsiata Historic District would become the largest in-state National Register site, spanning 119,303 acres. The National Register identification would not require preservation but would necessitate attention to land use impacts on tribal and cultural resources. Redevelopment of Concord Naval Base Threatened Again Untenable infrastructure costs may shut down a plan to bring 13,000 homes to the Bay Area, the largest proposed housing development in the region. Developer Concord First Partners, which intends to reimagine the Concord Naval Weapons Station into a housing community, noted that, in addition to rising costs, land use requirements and community commitments are making the project unfeasible for completion without extensions and other guarantees. The team has requested a 90-day extension of the negotiating agreement, an extra year for project approval, and reimbursements from the city if its project does not come to fruition. Concord First Partners also asks that the agreement over the cost of the land and time of transfer move to the beginning of the approval process. The potential complication is yet another setback after many years and several efforts to redevelop the site. (See related CP&DR coverage .) Quick Hits & Updates  Attorney General Rob Bonta is asking a court to put a hold on the sale of Angel Stadium to the company of Angels owner Arte Moreno after an FBI affidavit has put Anaheim Mayor Harry Sidhu under investigation for corruption, which may make the uncompleted $320 million sale illegal. The investigation proposes that Sidhu intended to solicit campaign contributions in exchange for completing the sale. Senators Dianne Feinstein and Alex Padilla and Representative Tony Cárdenas have announced their support for the Department of Transportation's allocation of $1 billion in federal funds to the $3.635 billion East San Fernando Valley Transit Corridor light rail line project as part of the Federal Transit Administration's Expedited Project Delivery. The 6.7-mile line will connect Pacoima to Van Nuys with 11 stops and two connections along the way. The state Department of General Services and the Department of Housing and Community Development have awarded two blocks in Downtown San Diego to Michaels Organization, which will construct affordable and market-rate housing and office and retail space. The move is a part of Gov. Gavin Newsom's Excess Land for Affordable Housing Executive Order. California will acquire 2,100 acres known as Dos Rios Ranch in Stanislaus County, near the San Joaquin and Tuolumne rivers, to establish a new state park intended to reduce flood and rehabilitate the area. The last time the state established a new park was in 2009. After a plan to develop Richmond's Point Molate fell through, the Guidiville Rancheria of California tribe will now purchase the 270-acre site for $400. While the tribe's plan is unknown, it originally intended to construct a mega casino. The City of Ojai, the County of Ventura, and the clothing brand Patagonia are included in a group of several organizations who are pushing back against the U.S. Forest Service's plan to thin the Los Padres National Forest's Pine Mountain. The federal agency argues that its proposal would reduce firefighting risks, while plaintiffs are concerned about the project's damage to the region's culture and ecosystem. Los Angeles' Exposition Park Master Plan has achieved the gold award for Urban Design Concept. Designed by Torti Gallas + Partners, the proposal is championed for its open communication with community members, its desire to improve pedestrian mobility, and its dedication to the site as significant for culture and climate resiliency. The UCLA Institute of Transportation Studies released a new report that recommends a strategy for implementing congestion pricing while alleviating impacts on low-income residents: using revenue from the rolls to financially assist low-income residents. The goal of the policy is to decrease auto dependency and reduce emissions while reducing inequity.

As goes California, so goes the nation.