Legislative Analyst Skeptical of Greenhouse Gas Scoping Plan The Legislative Analyst’s Office has reviewed the California Air Resources Board’s updated Scoping Plan to reduce greenhouse gas emissions. The review states that despite updating both the statutory and Scoping Plan reduction goals for 2030 to 40 percent and 48 percent of the 1990 levels, respectively, the plan does not provide enough specific policies or guidelines for successful implementation. The review found that the plan primarily relies on assumptions, such as a percent reduction in per capita vehicle miles traveled, to drive emission reductions instead of specific, actionable policies. Due to the lack of actionable items, there is risk of not meeting the goals, of increasing costs, and of limiting both the global impact of California’s leadership in climate change policy and its ability to effectively make policy and budget choices, the review states. The review also evaluated the Cap-and-Trade program’s contributions to meeting the 2030 goals and found that it is not positioned to make up for the shortfall of other emissions reductions programs because it is not stringent enough. Recommendations for improving the plan include the Legislature requiring a report by the California Air Resources Board with additional details about the policies and cost-effectiveness and updating the Cap-and-Trade program to be more stringent under an extended timeline. (See related CP&DR coverage .) Los Angeles, Los Beach Accelerate Efforts to Develop Affordable Housing Newly-elected Los Angeles Mayor Karen Bass is instructing city departments to accelerate their processing of affordable housing and shelter applications, requiring completion within 60 days. Further, Bass has ordered departments to waive discretionary reviews for projects that do not necessitate zoning changes. As a result, city officials expect that processes for 31 projects currently under review will be streamlined for approval. The move follows Bass' declaration of a state of emergency on homelessness, an initiative echoed by Long Beach Mayor Rex Richardson, who has requested that city officials draft a similar emergency declaration. Richardson's priorities in addressing the crisis include increasing shelter capacity, improving homelessness outreach teams, and making use of the city's Alternate Crisis Response Program, intended to enhance mental health and medical resources. Sunnyvale to Lift Prohibition on Residential Development in Moffett Park To meet the state's 12,000-home RHNA requirement, Sunnyvale plans to bring new housing to Moffett Park, where residential development is currently prohibited. In its Moffett Park Specific Plan draft, officials are planning to add 16,000 to 20,000 new homes by 2040, with 15 percent being affordable, to an area which holds public office and research hub facilities. Planners expect that much of the housing would be developed alongside office and research campuses owned by large tech companies, which have already inhabited the area. Officials also released a draft environmental impact report which outlines that the city would increase development by about 10 million square feet, 3.4 million of which have already been approved, in addition to the new homes. Report Assesses Slow Uptake of SB 9 Housing Units A new brief authored by researchers and analysts at UC Berkeley's Terner Center for Housing Innovation considers the barriers to providing missing middle housing, which encompasses housing developments that range in size from accessory dwelling units to small-scale apartment complexes. Though state officials have approved SB 9 and various zoning reforms, regulatory, financing, and construction hurdles make missing middle housing construction too rare to make an impact. The authors recommend that policies surpass zoning reforms to include statewide design standards, reduced costs and requirements, and streamlined processes which make it easier to construct units that help alleviate the housing crisis. CP&DR Legal Coverage: Housing Accountability Act Supports Livermore Housing Project A challenge to a major downtown Livermore affordable housing project has failed in large part due to the Housing Accountability Act, especially the objective standards provisions. And the fact that the project was in a specific plan area helped bulletproof it against legal challenge under the California Environmental Quality Act. On the downtown project, the First District Court of Appeal ruled in an unpublished opinion that Save Livermore Downtown’s litany of claims was meritless. The city found that the project conformed with the city’s general plan and the downtown specific plan and concluded that because of the specific plan conformity the project was exempt from CEQA. Save Livermore Downtown challenged both the conformity and the CEQA exemption. In the local media, Save Livermore Downtown immediately promised to ask for a rehearing. Quick Hits & Updates A tentative court ruling has halted plans for the University of California’s plans for redevelopment of People’s Park in Berkeley to accommodate housing for students and people experiencing homelessness. The ruling stated that the university failed to conduct an environmental impact review of alternative sites and that it did not consider impacts such as noise and displacement of existing residents in the area surrounding the site. (See related CP&DR coverage .) The City of Los Angeles is facing multiple lawsuits which seek to prevent last month’s city council decision to ban all new oil and gas production and phase out all existing production over the next 20 years from taking effect. The lawsuits argue that the city did not conduct an environmental study of the change in compliance with state and local requirements, while activist community groups arguing in favor of the ban are citing health problems linked to living near oil wells. A draft of the North Paramount Gateway Specific Plan in the Los Angeles County city of Paramount includes 5,000 new residential units, 31,000 square feet of commercial space, and public improvements such as bike lanes and wider sidewalks. The Specific Plan covers 279 acres between the two planned stations of the West Santa Ana Branch light rail line within Paramount, and the city is seeking to rezone the land to accommodate the new, denser developments outlined in the plan. Guidelines for implementation of AB 2097 have been circulated by the Los Angeles Department of City Planning. AB 2097 prohibits public agencies from imposing minimum parking requirements on most types of development within one-half mile of a major transit stop. The guidelines indicate a new data collection process for the city to better understand the impact of the law on housing development and a process for submitting evidence in favor of parking requirements from interested parties. The Los Angeles Planning Commission approved a pilot plan to implement rules for homeowners developing new structures in the hills between Griffin Park and the 405 freeway to prevent further harm to wildlife. The ordinance will head to the Planning and Land Use Management Committee before reaching the city council. The California Department of Housing and Community Development (HCD) is pleased to announce the availability of the Housing Element  Annual Progress Report (APR) form ,  instructions , and FAQs . The form is for jurisdictions to report housing activity during the 2022 calendar year. Local governments are required to submit 2022 APRs to HCD and Office of Planning and Research (OPR) by April 1, 2023. The Del Mar City Council sent a letter to Senator Toni Atkins to protest the implementation of Senate Bill 9, the 2021 law that permits the development of multiple units on lots currently zoned for single-unit homes. The letter claims, “the State mandates raise concerns about loss of local control, unnecessary impacts to community character, and impacts to the general fund." The letter raises specific concerns about implementing SB 9 in the Coastal Zone. Though California is home to 11 of the top 20 most expensive regions in the United States, the San Francisco-Oakland-Berkeley metro area is the most expensive, according to recent federal data. Analysts found that severe housing and utilities costs were 19.8% higher than the national average. San Francisco housing developers typically wait 627 days before receiving a full building permit for multifamily projects and 861 days for single family developments, according to recent data from the city's Department of Building Inspection. The delays point to role of bureaucratic processes in worsening the housing crisis.

San Jose Housing Element Appears Poised to Miss Deadline The City of San Jose's draft housing element, designed to add 77,500 units to the city, per its Regional Housing Needs Allocation, was rejected by the Department of Housing and Community Development. The plan identifies over 600 opportunity sites and calls for heavy concentration of new housing in the city's downtown and in the Diridon Station area. Among other concerns, a Dec. 15 letter from HCD applauds the plan's "strong emphasis on acknowledging and repairing the harms of decades of racist, inequitable, and discriminatory zoning, land use, and planning policies.... and creating new housing opportunities for lower- and moderate-income families in well-resourced communities" but said it does not do enough to "affirmatively further fair housing." Bay Area cities must have their housing elements approved by Jan. 31 or face penalties, including possibly Builder's Remedy projects. The San Jose Mercury News reports that the city "has no intention of actually meeting that deadline." CalFire Releases Updated Maps of Wildfire Hazard CalFire's newest Wildfire Hazard Severity maps help residents understand their level of vulnerability to wildfires and suggest that many statewide communities are at moderate, high, or very high risk. Cal Fire updated the maps in response to criticisms based on the inadequacy of existing tools, with researchers and nonprofits calling the maps "inexcusable." Now, new maps are demonstrating that those who live in the Sacramento foothills and Sierra Nevada Mountains, in Grass Valley, and east of Oroville are at particularly high risk. The new maps will assist government agencies form policies that influence the locations of new homes and businesses and inform residents, who must disclose levels of vulnerability before selling their property. Report Estimates Cost of Solving Homelessness at $8.1 Billion California could end homelessness in 12 years if it invested $8.1 billion in solving the crisis, according to a new report from the Corporation for Supportive Housing and the California Housing Partnership. Since state and federal funding already total $1.2 billion in annual spending, officials must plan for another $6.9 billion. While the study indicates how extensive initiatives must be to effect change, it also concretely defines what must happen to end homelessness; officials must plan for 112,527 affordable homes, 225,053 rental subsidies, support services for 62,966 households, and shelters for 32,235 unhoused residents. Further, the Needs Assessment demonstrates that the $6.9 billion figure amounts to just 2.7 percent of the 2022-2023 California Budget. The approach is comprehensive, involving not only support and shelter services but permanent housing as the ultimate necessity. Coastal Commission Stirs Controversy over Outdoor Dining in San Diego Though the Coastal Commission has allowed outdoor dining to remain in place in San Diego, it is requiring restaurants located along the city's beaches to replace any parking spots they are using for al fresco dining. If a restaurant does not comply, the commission is threatening to close its outdoor dining services. Due to the high prices of parking spaces, experts expect that many restaurants no longer have the budget to pay for them and will be forced to give up al fresco dining. The commission suggests that the impact of losing outdoor dining does not outweigh the importance of encouraging sustained access to the beaches, which it suggests requires space for vehicles as mass transit remains unreliable. CP&DR Coverage: CEQA and Socioeconomic Impacts For decades, judges in California have limited CEQA’s scope to environmental impacts only. But in the latest development from the Berkeley People’s Park case, a tentative ruling from the First District Court of Appeal opens the door to such social issues. The People’s Park case involves a community challenge to UC Berkeley’s plan to build both student housing and a new park on the storied location, which was the site of highly publicized protests in the 1960s. In a tentative ruling overturning the trial judge, the court ruled that potential noise from drunken students late at night must be analyzed under CEQA because it’s statistically likely that they will be noisy and also that the potential environmental impacts of additional homeless people must also be analyzed. Quick Hits & Updates Supplementing its proposal to build 744 housing units on a UCSF campus, San Francisco developer Prado Group plans to bring even more units to the wealthy Laurel Heights neighborhood. The developer recently bought the former five-acre California Pacific Medical Center Campus, which is planned for 273 units, but expects to increase density. The Paso Robles City Council and the Cal Poly Corporation have agreed to move forward with plans to construct a spaceport and technology corridor for space exploration, intended to bring more jobs to the area. The city will pay the corporation $110,171 to plan for the sites. Several Indigenous tribes and environmental justice groups are fighting the state Water Resources Control Board for discriminatory water management processes. In its civil rights complaint, the coalition is arguing that the board is responsible for the destruction of the Sacramento-San Joaquin River Delta and is requesting an investigation into the agency. As Colorado River reservoirs approach extremely low levels, the federal government is requiring California and other states who rely on the water source to determine how it will its reduce water use in order to ensure adequate supplies for the years to come. The developer of a proposed 79-unit apartment development in Manhattan Beach is suing the city after council members rejected the project for various reasons, including its proximity to an oil refinery. The state maintains that the city acted out of compliance with state law when it rejected the Highrose development. The Department of Housing and Community Development is putting pressure on the city of Coronado, one of San Diego's wealthiest jurisdictions, to increase affordable housing availability. The HCD is also requiring more action to reverse decades of policies that have promoted racial segregation. Researchers have found even more evidence concerning the health and community impacts of warehouse facilities on low-income communities and communities of color. The report details the burdens of air pollution, noise levels, and congestion on residents living near warehouses. (See related CP&DR coverage .)

A challenge to a major downtown Livermore affordable housing project has failed in large part due to the Housing Accountability Act, especially the objective standards provisions. And the fact that the project was in a specific plan area helped bulletproof it against legal challenge under the California Environmental Quality Act. Located along I-580 in eastern Alameda County, Livermore has often been a major battleground in California’s residential growth wars. Most prominent has been the battle over the Terraces at Livermore multifamily project, which was featured in Conor Dougherty’s book Golden Gates . (In the latest skirmish in that long-running battle, the power of the Housing Accountability Act was also on display. See CP&DR ’s most recent coverage here .) On the downtown project, the First District Court of Appeal ruled in an unpublished opinion that Save Livermore Downtown’s litany of claims was meritless. In the local media, Save Livermore Downtown immediately promised to ask for a rehearing. Eden Housing’s project would consist of two four-story buildings with a park in between. The project’s 130 units would be set aside for residents making between 20% and 60% of the county’s median income. The city found that the project conformed with the city’s general plan and the downtown specific plan and concluded that because of the specific plan conformity the project was exempt from CEQA. Save Livermore Downtown challenged both the conformity and the CEQA exemption.

In an unpublished ruling, the Second District Court of Appeal has concluded that a Ventura developer can’t move forward with an eminent domain claim because the developer didn’t exhaust all administrative remedies.

Opponents of Los Angeles "Mansion Tax" File Suit Several real estate and antitax organizations are fighting Measure ULA, a policy that will tax the sale of properties over $5 million which Los Angeles voters just approved on the November ballot. The funds generated from Measure ULA, expected to total $600 million to $1.1 billion annually, will contribute to alleviating the homelessness crisis, constructing new housing, and tenant support in the city. Now, the coalition is arguing that the measure, which passed with almost 58% of the vote, violates the state constitution. While Los Angeles already has a similar policy, Measure ULA significant increases the tax to reach 4% for property sales totaling over $5 million and 5.5% for sales over $10 million. Though Mayor Karen Bass is considering how her team will implement Measure ULA in the administration's state of emergency on homelessness, wealthy homeowners are considering dividing their properties into smaller parcels to evade the tax while hoping for a favorable outcome in this legal battle. 1.4 Million Acre National Monument Proposed in Sierras Proposed legislation would protect 1.4 million acres of mountains and forests that connect Yosemite and Kings Canyon National Parks. Introduced by Rep. Jackie Speier, the Range of Light National Monument Bill would transfer the area in between the two national parks from the oversight of the federal Forest Service and Bureau of Land Management to the National Park Service in order to improve preservation. If the bill moves forward, the Range of Light Monument would replace the Sierra National Forest and the San Joaquin Gorge. Currently, the land is available to be logged, mined, and grazed, operations which would stop if the legislation is approved, though hydroelectric facilities and existing cabins or private land may remain. San Diego to Direct Infrastructure Funding to Underserved Areas The San Diego City Council members approved a new policy that will prioritize infrastructure funding for low-income neighborhoods. The plan involves a scoring system that evaluates which neighborhoods have systemically been underfunded and under-resourced and where residents typically earn low incomes. While factors including public safety, state laws, and environmental considerations will also be factored in to assess citywide concerns, this policy means that equity and growth potential must be evaluated as well. Now, low-income communities are expected to see improved roads and new libraries and parks, whereas higher-income neighborhoods will wait longer. The policy is also intended to increase decision-making abilities concerning land use projects for low-income areas. Redevelopment of Concord Base Could Grow to 15,585 Units The plan to redevelop the Bay Area's Concord Naval Weapons Station may grow to include 27% more housing , for a total of 15,585 units. Developer Concord First Partners and Concord city planning staff have formed a "term sheet" with the new plan, which the city council will consider on Jan. 7. The developer hopes that increasing the number of units will re-establish enthusiasm for the project, which has dropped due to the high cost of building and the instability of the housing market. Concord First Partners, in addition to proposing 3,313 more units on the 2,225-acre site, is offering to make 879 of the 25% affordable units "junior accessory dwelling units," or backyard cottages, instead of units in multifamily buildings. CP&DR Coverage: The Year That Was CP&DR wrapped up 2022 with a look back at one of the most action-packed years in urban planning in recent memory. The most telling CP&DR headline of 2022 came very early in the year, on January 10: "Cities Move Quickly to Regulate SB 9 Housing Units." Typically, urban planning does not move "quickly." Nor does it move fast, swiftly, rapidly, or with any other adverb not associated with mollusks or tectonic plates. But this year flew by, and stories erupted. Sometimes it was hard to keep pace. Our most-read news story, and second-most-read story overall, also chronicles a reaction to SB 9: the proposed "Our Neighborhood Voices" ballot measure, that would have not only nullified SB 9 but also limited many of the state's other powers to regular local land use. In the middle of this year, CP&DR wondered whether NIMBYism--for decades, the beating heart of California's land use regime--was "on the way out." We answered in the affirmative. That blog was read more times than any other CP&DR article this year, so much so that its readership was double that of the next most popular story. California's planners can read into that what they will. Quick Hits & Updates  In addition to attempting to outlaw Builder's Remedy projects in the city, Huntington Beach City Council members have approved , 4-3, an ordinance that would allow the city to fight against their RHNA requirements. (See related CP&DR coverage .) The Department of Housing and Community Development is accepting applications for its new Infill Infrastructure Grant Catalytic Program, which will provide $105 million to communities to promote the construction of infill housing intended to alleviate the housing crisis while reducing greenhouse gas emissions. Six environmental groups are fighting a legal battle to revitalize Bakersfield's Kern River, which has dried out since officials drained the source for agricultural use. If the advocates win, the decision may set a precedent for future protections for water sources amidst a worsening drought. Facing unusual heavy rains and flooding, Los Angeles supervisors have commissioned a report on the potential for improving flood control infrastructure along the Los Angeles Basin from the Department of Public Works. The move follows warnings from scientists about the dangers of climate change induced-flooding, especially for low-income neighborhoods. Los Angeles street vendors are fighting a legal battle against the city’s no-vending zones established in 2018. The lawsuit will attempt to prevent further fines amidst the rising costs of gas, food, and parking. Direct and indirect costs associated with homelessness in Oakland, including housing, shelter, food security, mental health services, and trash removal at encampments, total $122 million per year, according to estimates in a recent city report. Officials found that the city spent $73 million in the direct costs of addressing the crisis and $49 million in indirect costs. San Bernardino County voters  approved an advisory ballot proposal that instructs officials to examine what it would mean for the county to secede from the state. Though actual secession is unlikely, interest in the move indicates frustration with political alienation and stagnation. Several cities in Napa, Marin, and Sonoma counties have chosen to keep outdoor parklets popularized earlier in the pandemic as part of permanent city infrastructure. Despite concerns over parking, enthusiasm for the policy's infusion of vibrancy throughout city streets has prevailed. In an auction for leases to develop five commercial-scale wind farms located off the coast of California, many of the winning bids, which totaled $757 million, came from European companies. The five farms, which cover 583 square miles of the Pacific Ocean, would produce enough energy to power 1.5 million homes.

In spite of the California’s move toward electric vehicles, the Air Resources Board’s new scoping plan doesn’t let up on reduction in vehicle miles traveled – indicating that the state will continue to push local governments on land-use policies to reduce driving. CARB’s new goal of carbon neutrality by 2045 could also turn environmental analysis upside down under the California Environmental Quality Act.

In an extraordinary case, an appellate court has ruled that a malicious prosecution case against prominent lawyer Susan Brandt-Hawley may move forward. In rejecting Brandt-Hawley’s anti-SLAPP motion, the First District Court of Appeal found that the San Anselmo homeowner who brought the lawsuit is likely to succeed on the merits and also on the issue of malice.

Is the noise made by drunken students late at night a “significant impact” under the California Environmental Quality Act? How about displacement of residents who become homeless?

CP&DR Vol. 37 No. 12 December 2022

HCD Releases Prohousing Guidelines; Names Six Eligible Cities The Department of Housing and Community Development (HCD)  released its Prohousing Incentive Pilot Program Final Guidelines, Notice of Funding Availability, and application. Six cities are currently eligible for participation to receive rewards for meeting housing goals. Sacramento, Citrus Heights, Fontana, Oakland, Roseville, San Diego, and West Sacramento are now eligible for community development resources, which offer $25.7 million in additional funding. These cities, in addition to meeting housing goals, have demonstrated that they are prioritizing climate-smart housing by streamlining development, upzoning, or prioritizing affordable housing in neighborhoods that have systemically excluded low-income residents and residents of color. San Diego, for example, amended zoning to allow for 98,000 additional units, establishing an affordable ADU Bonus program, and waived density limitations for affordable housing. (See related CP&DR coverage .) San Jose Reaches Agreement to Develop 32,000 Homes in North San Jose After years of threats of lawsuits from the County of Santa Clara, City of San Jose has reached an agreement with the county that will enable the realization of long-approved plans to build thousands more homes in North San Jose, at least 20% of which will be affordable. The move confronts restrictions contained in a 2006 agreement between several local governments that have prevented any housing from being built in North San José for over a decade. Now, the city may move forward with aspects of a 2005 plan to add 32,000 homes, over 25 million square feet of office and industrial space, three million square feet of retail and commercial space, and 1,000 hotel rooms alongside transportation improvements. San Francisco Faces Lawsuits over "Pattern of Delay" in Approving Housing Projects YIMBY Law has refiled two lawsuits against San Francisco after finding additional evidence demonstrating a pattern of behavior wherein the city delays housing projects beyond timelines outlined by state law. The lawsuits argue that this behavior from the city perpetuates the housing shortage and affordability crisis in San Francisco. YIMBY Law filed two lawsuits against the city of San Francisco between December 2021 and January 2022. Each lawsuit alleged that the city illegally denied a housing project, one at 450 O’Farrell Street and one at 469 Stevenson Street. YIMBY Law has since won a demurrer hearing in the O’Farrell case. These claims argue that San Francisco systemically delays housing projects at multiple stages during the permitting process, extending time frames for review and approval well beyond legal limits outlined by state laws such as the Housing Accountability Act. Los Angeles to Phase Out Oil Drilling Los Angeles City Council members unanimously approved a plan to ban new oil wells and phase out all existing drilling throughout the city. Now, oil and gas operations, which include 26 fields and over 5,000 wells, must end production in the next 20 years. The move is historic; though oil tycoons warn against financial troubles and dependency on foreign oil, the plan will significantly improve the health of neighborhoods where drilling pollution has caused severe burdens, particularly for residents of color and low-income residents. As operations begin to phase out, the drilling-heavy locations of Wilmington and harbor areas will see significant change, as well as West Los Angeles, South Los Angeles, and the northwest San Fernando Valley. CP&DR Coverage: Macroeconomic Forces Threaten Statewide Housing Production A likely slowdown in housing development is coming at the most ironic moment possible. Over the past ten years, the state’s economy, and demand for housing, has been robust. But, local opposition to development, coupled with the absence of incentives and policies at the state level, often impeded housing development at a time when capital was readily available. Now, right when the state needs more housing the most—and has taken significant steps to try and increase it—market forces might intervene to impede construction. Bills signed this year include SB 6 and SB 2011, both of which promote conversion of commercial properties to residential, and AB 2097, which reduces parking requirements. Even if these bills aid certain developers on certain projects, their influence is likely to be obviated by economics. Quick Hits & Updates  On her first day in office, newly-elected Los Angeles Mayor Karen Bass declared a state of emergency on homelessness. Most details about her plan to address the crisis, titled "Inside Safe," are still to come but will include efforts to provide housing near where the unhoused person already lives. Over the past ten years, Los Angeles faced the second-highest number of pedestrian deaths in the country, with 1,133 residents dying in crashes between 2011 and 2020. Though Los Angeles and New York City, which was at the top of the list, both planned "Vision Zero" initiatives for preventing further deaths, traffic fatalities have only worsened, particularly for people of color. (See related CP&DR coverage .) Los Angeles City council members voted unanimously in favor of the Livable Communities Initiative (LCI), intended to create 15-minute neighborhoods where housing, jobs, transit, grocery stores, and other necessities are all in near proximity. Now, the Departments of City Planning, Building and Safety, and Transportation will produce reports on strategies for implementing the LCI. All but one San Bernardino City Council member approved plans for the $8 million demolition of the city's Carousel Mall, which will take place over five years after the mall originally closed. The City of Hesperia and the San Bernardino County Sheriff's Department must pay $1 million to settle a lawsuit for discriminating against Black and Latino renters. The U.S. Department of Justice found that officials promoted policies that allowed for the eviction or exclusion of tenants with criminal histories, laws that have disproportionately burdened Black and Latino residents. Lyft is ending its shared bicycle and scooter services in Santa Monica and Los Angeles, citing a lack of dedication from local governments. The company plans to seek long term public-private partnerships for future implementation. The San Jose City Council will review a change to a transportation analysis policy that would allow developers to transform the closed 114-acre Pleasant Hills Golf Course into housing, retail, or commercial space. Opponents are concerned about the reduction of open space and a lack of community involvement in the planning process. Alameda is officially the first Bay Area municipality adopt a housing element approved by the state, narrowly passing in a 3-2 council vote. Officials have planned for 5,300 new units created with inclusive neighborhoods, confronting homelessness, and improving transit in mind. Plans to build a wildlife crossing between the Santa Susana Mountains and the San Gabriel Mountains are underway, with planners looking for a way to restore habitats across the I-5 corridor. Officials will also consider options for a crossing above the SR 14 Freeway. (See related CP&DR coverage .) Fodor's Travel has recommended against traveling to Lake Tahoe due to the increase in second-home dwellers in the area who have caused traffic and pollution burdens along the trails and beaches. The guide, citing the increase in fine pollution particles, which are now impacting the Lake's clear waters, suggests that visitor interaction with Tahoe needs to become more mindful. A $400 million project to revitalize Dana Point Harbor will include exclusive restaurants and retailers as well as open green areas and spaces for concerts and other events, according to recently-released renderings. Developer Dana Point Harbor Partners intends to begin construction in early 2023.

The City of Los Angeles has defeated the AIDS Healthcare Foundation in yet another land use-related case – this one arguing that the Political Reform Act trumps land use law because L.A.’s Planning and Land Use Management (PLUM) Committee included two city councilmembers who were charged with bribery on certain land use decisions.

Wiener Introduces Bill to Facilitate Housing on Properties Owned by Nonprofits, Faith Organizations With an early kickoff to the 2023 housing legislation season, Sen. Scott Wiener and coauthors have introduced Senate Bill 4, which would allow nonprofit colleges and faith organizations to build more housing by streamlining environmental review processes and reducing zoning restrictions. Under SB 4, churches, mosques, and synagogues would be able to plan for more multifamily housing on their properties with fewer costs and hurdles. Lawmakers and affordable housing proponents celebrate SB 4 since religious and nonprofit institutions often own excess land that is conveniently located near transit and job centers. As a result, the potential for housing is plentiful, with a UC Berkeley estimate suggesting that religious institutions hold 40,000 acres of developable land, and could often be 100% affordable. San Jose Abolishes Parking Minimums San Jose is now the largest city in the state to abolish parking minimums for new developments, aligning with increasing desires to reduce auto-dependency, sprawl, and carbon emissions. The city joins San Francisco in abolishing minimums, and its policy exceeds reductions in Los Angeles, San Diego, Berkeley, and Oakland. Now, the new policy, in slashing requirements to spend tens of thousands of dollars on parking spaces, may improve abilities to build more housing. However, some officials and residents are concerned about the impacts on communities where parking spaces are already a treasure hunt. Meanwhile, those in support stress that the new policy does not prevent developers from accounting for parking spaces; rather, they will be able to choose whether or not parking makes sense for their development. San Francisco Struggles to Draft Approve-able Housing Element San Francisco must supply 82,000 housing units by 2030 under the RHNA, but its recently released draft Housing Element currently only plans for about 60,000 units in the best case scenario. Current proposals would add new units to existing apartments, develop vacant lots, and produce huge developments; planners have mapped the 44,408 projects that could be produced from the residential development pipeline as well as the 11,290 units that would come from underused or vacant sites. Another 3,880 units are "non site-specific" and could be developed if the city makes zoning changes. However, San Francisco must still find ways to provide 22,000 more units, or 34,000 units if the city wants to meet its "target" of 93,500. However, threats of recession, high construction costs, and expensive city fees and requirements are expected to complicate the city's plans. Housing Elements in the Bay Area must be approved by January 15 or else may be subject to state-imposed penalties. Hotly Contested, Litigated Lafayette Development to Move Forward The Terraces of Lafayette project will move forward after a California appellate court sided with the city and against Save Lafayette, a citizens group arguing that the project is out of compliance with CEQA and the city's General Plan. The appellate court relied on the Housing Accountability Act, suggesting that the city could not reject a housing project for low or moderate-income households since it adhered to CEQA and General Plan requirements. Now, over a decade since the city approved the developer's application, the 315-unit apartment building may soon move forward, but several histories of legal challenges suggest that the city and developers might expect more of a fight; Save Lafayette is expected to appeal again. (See related CP&DR coverage .) CP&DR Coverage: Court Rejects EIR for Capitol Expansion in Sacramento The environmental impact report for the billion-dollar renovation and expansion of the State Capitol complex in Sacramento has been partially thrown out , mostly because the Department of General Services made changes to the design after circulating the revised EIR. The 63-page ruling, written by Acting Presiding Justice Harry Hull, contained a very detailed analysis of the project’s design, potential impacts, and potential alternatives – down to the point of specifically describing a visual depiction that the state should have included in the EIR and an alternative that the state should have considered but did not.  Quick Hits & Updates  Costa Mesa voters approved Measure K by just 22 votes in November, and now a resident has requested a recount of the results. Measure K would reduce requirements for voter approval of large developments to streamline housing and commercial development, leading to concerns about the silencing of residents' interests. (See related CP&DR coverage .) Los Angeles County Metro's assessment of the NextGen Bus Plan, a bus network intended to increase ridership by growing the number of bus lines, improving frequency, and create safer waiting stops. The assessment found that accessibility improved with the new network, especially for people in Equity Focused Communities. The Guerneville Forest Coalition has filed a lawsuit to prevent logging near a 2,000-year-old redwood tree in Sonoma County. The group is fighting against Cal Fire, which approved a timber harvest plan that could impact the 340-foot Clar Tree that has avoided harm three times in the past 25 years. San Francisco Mayor London Breed's plan to allow the redevelopment of gas stations, parking lots, and other auto-related properties into housing will move forward after the Board of Supervisors approved the legislation following 14 months of delays. The Cars to Casas policy may not result in tangible impacts until the housing market and construction costs improve. BART and San Francisco-based developer Bridge Housing have entered a two-year Exclusive Negotiating Agreement to construct a transit-oriented housing development near the North Berkeley Station. The 5.5-acre site could hold 500 to 1,200 homes, 35% of which would be affordable. The most recent proposal for Redwood City's Sequoia Caltrain station will not lose thousands of square feet of office space, featuring over 1,000 housing units and a new Caltrain station instead. The new transit district will significantly contribute to the 4,588 units required by 2031 according to the city's RHNA allocation. The only three renters among the 120 senators and assemblymembers working at the California Capitol have formed a Renters' Caucus that attempts to increase political power for the 17 million California residents who live in rented units. The caucus could increase leverage for those facing eviction threats, financial difficulties, and rising rents, all heightened throughout the pandemic. A recent report from the Public Policy Institute finds that, as economic inequality expands, low-income Californians remain very concerned about housing costs, with 36 percent of such residents worrying about bills every day. Renters were also much more likely to worry about housing costs than homeowners. Four former Sears stores are now under the ownership of a single seller, with redevelopment plans expected to come. The four locations -- Fairfield, Sacramento, Salinas, and Ventura -- were all facing record low sales. The San Diego County Board of Supervisors approved plans to pursue an Enhanced Infrastructure Financing District that would fund a proposed 130-mile multi-use trail and river park. County staff will next seek approval from the City of San Diego.