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  • Not All Well Permits Are Ministerial

    Splitting the difference, the California Supreme Court has ruled that some well construction permits in Stanislaus County may be discretionary actions under the California Environmental Quality Act – but stopped short of ruling that all such permits are discretionary actions.

  • CP&DR Vol. 35 No. 8 August 2020 Report

    CP&DR Vol. 35 No. 8 August 2020

  • CP&DR News Briefs August 25, 2020: Balboa Reservoir; Church Property for Housing; Sea Level Rise & Traffic; and more

    1,100-Unit Development Finally Approved for San Francisco’s Balboa Reservoir  After years of negotiations to redevelop the Balboa Reservoir , on the campus of the City College of San Francisco, San Francisco Supervisors finally approved a plan to put 1,100 apartments on the 17-acre site. Half of the units will be designated as affordable and another 150 will be reserved for City College teachers and staff. The project will also include a community center, open space, child-care center and $10 million in fees for transit and infrastructure improvements. The project received significant pushback from City College employees and students, who argued for 100 percent affordable housing and for more units to be set aside for teachers and staff. The Board of Supervisors approved the project despite these concerns and a CEQA challenge. Opponents also object to the sale of public land to private developers to just $11.4 million, which is well below what San Francisco development sites cost. The project has been estimated to cost about $600 million. Religious Organizations Collectively Own 38,000 Acres of Developable Land Statewide An analysis from UC Berkeley’s Terner Center finds that faith-based organizations own significant shares of land in desirable locations that could be developed for affordable housing, but organization leaders run into barriers that could be removed with new legislation. Approximately 38,800 acres of land--roughly the size of the city of Stockton--are used for religious purposes and potentially developable. A significant share of that acreage (45 percent) is located in the state's "High" or "Highest" resource opportunity areas. Yet faith-based organizations face severe challenges in leveraging their property for housing. The study backs two pending proposals in the California legislature that would provide more flexibility to religious institutions: AB 151 eliminates replacement parking requirements, and SB 899 allows for all-affordable housing on religious property. One avenue policymakers have to improve financial mechanisms is creating a preference for LIHTC projects on religious-owned property in higher-resource areas. Moreover, the authors recommend mechanisms that create or expand technical assistance and other support to institutions who are interested in pursuing housing but lack the expertise and capacity to do so. Study Predicts Sea Level Rise Will Snarl Traffic in Bay Area  New research by Stanford University scientists suggests that the Bay Area will see not only more flooded streets and shorelines as a result of global warming, but more traffic, with commuters forced onto driver routes and backups as many as 20 miles or more from the water. The study shows that some of the region's biggest traffic delays will be in Santa Rosa, Napa and Vacaville, all far from where the flooding occurs. In these areas, with water just a foot higher along San Francisco Bay, as many as half of commuters would face backups of 30 minutes or more within the next 20 years, the study shows. These disruptions are because of the cascading effect of traffic that often makes areas with few major highways more congested, even if they're far from the shoreline. While Marin County will see the region's worst traffic delays, according to the study, San Mateo County will have minimal problems because drivers there have more alternative routes. With few options outside of Highway 101 in Marin, more than half of drivers in parts of the county, primarily the San Rafael and Novato areas, would see 30-minute or longer delays with a foot of higher bay water over the next 20 years. Other parts of the North Bay would see an only slightly better traffic situation, also because drivers have fewer ways to get around. Quick Hits & Updates As Caltrain faces possible financial ruin, San Mateo County officials remain firm in their opposition to a November sales tax measure that would prop up the rail line amid declining ridership. In letters to San Francisco and Santa Clara County supervisors, who spearheaded the ballot measure draft, San Mateo County officials questioned the legality of the measure. All three counties will need to agree before a ballot measure can move forward. A strict version of Sacramento rent control is back on the November ballot after the city attempted to remove it. The California 3rd District Court of Appeal directed the city to place the measure on the Nov. 3 ballot, but a judge could still side with the city and decide the measure is unconstitutional, in which case it would not be implemented even if voters approve it. The Oakland A's are suing state regulators for failing to regulate an industrial recycling plant located on the waterfront where the team plans to build a new ballpark. Schnitzer Steel, the largest metal shredding plant in California, has been given a pass on its hazardous emissions for decades, the suit claims. A petition posted by the A's gained more than 1,000 signatures within eight hours of going live. The Coastal Commission rejected a request to override Oxnard City Council's decision to deny approval for a development proposal that would have built 400 high-end apartment units at Fisherman's Wharf in Channel Islands Harbor. The Ventura County Harbor Department and the City of Oxnard reached an impasse on the development. The city refused to approve the amend to the Local Coastal Plan and criticized the Harbor District for omitting details. The biggest development in Rancho Cordova history is now underway. The Rio Del Oro project consists of 3,800 acres that will have more than 10,000 homes, 7.5 million square feet of commercial space, a new high school, and a 130-acre park. The first phase of the development will start with building a few hundred single-family homes. Up to 654 apartments for low-income residents are planned near the Oakland Estuary where there was once segregated housing for Black workers who came to Alameda to work for the U.S. Navy during World War II. Habitat for Humanity and the city's Housing Authority are proposing the apartments, which would be built as two projects on 14 acres over 10 years. According to data from Yelp, 2,000 Bay Area businesses have permanently closed since March, including more than 300 restaurants and 300 retailers. About 3,000 more San Francisco businesses have temporarily closed, according to Yelp listings. The same data shows that San Francisco and surrounding areas have lost a higher share of businesses than any U.S. metropolitan area but Honolulu and Las Vegas. (See related CP&DR commentary .) The Mineta Transportation released new case study research that finds that for $15 a day, half of people driving on a busy road would be willing to carpool, and another 23 percent would be willing to serve as drivers. But the case study found a complicating factor: there is a need for a combination of incentives to encourage passengers to travel earlier or later than their preferred time to match that of the potential driver. Los Angeles Superior Court voided Manhattan Beach's short term rental law, ruling that the legislation violates the California Coastal Act. The city was ordered to either rescind a ban on short term rentals in the city or submit a coastal zone-specific ordinance to the Coastal Commission for review. Prohibiting these rentals doesn't align with the Coastal Act's goal of protecting shoreline access, including overnight access, according to the court's decision. Five more cities have earned state approval of their housing elements, bringing the state's housing plan compliance rate to the highest level history. Only 14 of 539 jurisdictions still need state approval of their plans--down from 47 in February 2019. Desert Hot Springs, Westlake Village, Compton, Rialto and Bell are the five latest cities to gain state approval of their housing elements. A band of the Kumeyaay Nation whose native land spans both sides of the U.S.-Mexico border filed a federal lawsuit this week against the Trump administration seeking an injunction to stop further construction of the border wall through sacred, ancient burial lands. The lawsuit filed in federal court in San Diego by the La Posta Band of Diegueno Mission Indians asks a judge to protect its religious and cultural heritage.

  • More Housing Bills Killed In Sacramento

    As California’s legislative session enters its final week, most land-use-related housing bills have fallen by the wayside – perhaps as the result of the ongoing wrangling between affordable housing advocates and building trades unions, though some of the bills received intense opposition from other quarters as well.

  • Cities Confront Environmental Justice In General Plans

    The release of the guidelines for Senate Bill 1000 was not timed to coincide with the renewed discussion of social justice that has arisen across the nation — and in the planning profession — this summer. But the timing is poignant, to say the least.

  • Bills To Allow Housing In Commercial Zones Dead For This Year

    Two bills that would have made it easier to build housing in infill commercial locations are dead for this year. Meanwhile, four other bills that are part of Senate leader Toni Atkins’ housing production package are moving forward. All bills must pass the Legislature by the end of August.

  • CP&DR News Briefs August 18, 2020: World Logistics Center; Unused Density Bonuses; Sea Level Rise; and More

    Moreno Valley Megadevelopment Raises Environmental Concerns  The World Logistics Center , a lightening rod warehouse project that would cover an area equal to about 700 football fields in Moreno Valley, is once again under fire following the release--and certification--of its environmental impact report. The Moreno Valley City Council green-lit the developer's plan to buy carbon offset credits under California's cap-and-trade program that would net zero greenhouse gases. In actuality, only 11 percent of the greenhouse gas will be mitigated locally. The other 89 percent of air pollution attributed to the project is being reduced elsewhere in the world. Supporters of the project hope for jobs. Opponents say the negative environmental and health impacts would far outweigh its benefits. The offset scheme was denounced by the California Air Resources Board and the state Attorney General as "environmentally irresponsible and legally flawed." The proposed project is expected to produce 70,000 new trips a day, 14,000 of them by diesel truck, and 400,000 tons of greenhouse gas emissions each year. (See prior CP&DR coverage .) Density Bonuses Go Underused Across California  Fewer than half of California jurisdictions have reported making use of density bonuses from 2015 through 2017, despite more than three-quarters having adopted local density bonus ordinances. A new Terner City analysis looks at the financial feasibility of proposed legislation that would ostensibly make density bonuses more attractive to cities. One of the proposed ideas--Senate Bill 1085--would reform California's existing density bonus law to increase the incentives for Very Low Income housing, as well as create a new Middle Income bonus category. In the Assembly, Bill 2345 proposed to increase the bonus density permitted by state law based on a variation of the law currently used in San Diego. The center's pro forma results indicate that proposed density increases to the law under SB 1085 would not improve financial feasibility. Using a pro forma model, the study's authors found that proposed density bonuses are slightly less attractive than the existing law, and offer less value to developers. But developers may take advantage of perks that can prove just as valuable as additional units. For example, developers may request up to three regulatory concessions such as setbacks, or reduced parking requirements, among others. The study's authors conclude these incremental improvements are a step in the right direction for legislation that prioritizes affordability while recognizing the need for offsets to achieve financial feasibility. Legislative Analyst’s Office Foresees Huge Property Losses to Sea Level Rise A new report by the California Legislative Analyst's Office warns that a litany of climate change effects pose imminent threat to the state. "Other statewide challenges continue to approach on the horizon," the report stated. "Among these are the impending impacts of climate change, including the hazards that rising seas pose to California's coast. Sea level rise of 3 to 6 feet by the end of the century will wash away up to two-thirds of Southern California's beaches, and submerge $8 billion to $10 billion worth of property by 2050. Increasingly severe storms, exceptionally high "King Tides" and El Nino events could raise sea level even higher during certain periods. The rising seas could damage both public infrastructure and private property, threaten human lives and natural resources, contaminate drinking water, and expose raw sewage and underground contaminants. The report urges state lawmakers and local communities to start planning for sea level rise now: "The state and its coastal communities cannot afford to defer all preparation efforts until economic conditions have fully rebounded from the recent crisis... essential near-term preparation activities--such as planning, establishing relationships and forums for regional coordination, and sharing information--with relatively minor upfront investments." . Quick Hits & Updates  Enrollment growth alone does not warrant creating a new California State University campus, according to a new study ordered by the state legislature. The study examined how much it would cost to build a 24th CSU campus for about 7,800 students in one of five evaluated locations. The report projects a system-wide increase of approximately 43,800 full-time students over the next 15 years. The City of Sacramento recently became the first city in California to approve a Ministerial Approval of Infill Housing process in addition to adopting new Citywide Infill Housing Design Standards. The expedited approval process will be available beginning in late August for housing and mixed-use projects between two and 200 housing units. A Berkeley Terner Center analysis indicates that nearly six million parcels would be eligible for a ministerial lot split per the language in SB 1120. The widespread application of SB 1120 has the potential to result in significant amounts of new housing. If just 5 percent of the parcels in Terner's analysis created new two-unit structures as a result of SB 1120, that would result in 597,706 new homes.d The San Francisco Board of Supervisors has agreed to pay $30,000 toward a study for Glydways, an on-demand pod system that could shuttle workers from public transit stops like Caltrain, BART, or the ferries to job centers. Glydways is proposing building a track network on which electronic, autonomous vehicles can operate continuously, solving the so-called "last mile" problem for commuters. Gov. Gavin Newsom made a personal plea to billionaire Warren Buffet to expedite the Klamath River dam removal. Buffet controls Berkshire Hathaway and its subsidiary PacifiCorp, which holds the license for the Klamath River project. In a letter, Newsom says the dams' construction threatens the river's role as a vital part of the surrounding community's culture and sustenance. A four-block stretch of San Francisco's Tenderloin neighborhood will be remodeled to make room for pedestrians, a temporary project intended to allow for more physical distancing during the coronavirus pandemic. The initiative will create an additional 5 to 8 feet of walking space protected from traffic with concrete barriers or parked cars. The San Francisco Municipal Transportation is heading up the effort. Issuance of housing permits in Southern California housing permits is at an 8-year low as coronavirus has wreaked havoc on the economy. Federal statistics show steep drops in planning in Los Angeles and Orange counties and statewide in the second quarter. More modest drops occurred in Riverside and San Bernadino counties during the April-to June period. Builders filed 7,505 permits in the four counties during the quarter, down 27 percent in a year and slowest three-month period since the end of 2012. Amid public pressure, San Jose's General Plan review committee postponed a vote on "opportunity housing," an initiative to build more homes in single-family neighborhoods. There was little public outreach as the vote was only meant to determine whether city leaders would study the issue further, rather than on a specific proposal.  An innovative joint powers agency known as the Truckee Tahoe Workforce Housing Agency officially launched this July with the mission of providing housing to workers who otherwise could not afford to live where they work.The agency's first program, a partnership with Landing Locals, will connect member agency employees with second homeowners for long-term leasing opportunities. Marking the end of 35 years of development battles, escrow closed on the last of three properties in a deal to purchase 937 acres in Coyote Valley , aruably the largest parcel of open space in San Jose. Under the $937 million deal reached in November 2019, San Jose will retain ownership of 296 acres, and the rest will go eventually to the open space authority. Posideon, a proposed desalination plant in Huntington Beach , hit a roadblock in obtaining major permits after several members of the Regional Water Control Board indicated they were dissatisfied with the proposed mitigation for marine life that would die as a result of the plant's intake pipes. The $1 billion project may face additional pushback from the Coastal Commission even if it succeeds in obtaining approval from the regional board. Allenco Energy, a drill site operator, is facing criminal charges for allegedly flouting a state order and failing to properly abandon wells. The "charges show that we won't allow Allenco to continue allegedly defying the law and disregarding its neighbors when it comes to environmental safety and health protections," Los Angeles City Atty. Mike Feuer said in an announcement. For decades, Sausalito banned new development in the 225-acre Marinship district. But with the Black Lives Matter movement forcing cities to confront historic racial, social, and economic inequality, Sausalito officials are weighing whether Marinship could allow low-income or senior housing. Sausalito has just 38 units of affordable senior housing, but an unusually large (37 percent) senior population. The Los Angeles County Board of Supervisors approved a plan to address a 28 percent uptick in traffic deaths across the county from 2013 to 2017. The "Vision Zero" program focuses on system fixes and reduced vehicle speeds in unincorporated areas of the county as the most effective way to reduce deaths. Before a full rollout, the county will conduct a pilot program at high-collision corridors. (See prior CP&DR commentary .)

  • CP&DR News Briefs August 11, 2020: Caltrain Rescue; L.A. Council Intrigue; Freight Mobility Plan; and More

    Caltrain Seeks to Stay Solvent via Ballot Measure  Officials have reached a deal to throw Caltrain a lifeline amid plunging ridership. The deal allows a ballot measure on a 1/8-cent sales tax increase to held fund Caltrain to be placed on the November ballot in three counties--San Mateo, San Francisco, and Santa Clara. If approved by a two-thirds majority of voters in all three counties, the tax measure would generate an estimated $108 million per year for Caltrain. Without the funding, officials predict that the railroad might have to cut its service, or even temporarily shut down. Still, multiple governing groups balked at a new tax, and only agreed to approve the measure after Caltrain pledged to distance itself from San Mateo County's transportation agency, SamTrans, by acting more like an independent entity than it has in the past. Anti-Development Group Sues Los Angeles over Dubious Approvals  AIDS Healthcare Foundation is suing the city of Los Angeles to stop real estate developments vetted under Councilman Huizar, who was recently indicted by federal prosecutors for pay-to-play schemes involving real estate developers. In its lawsuit, AHF argues that the city should pause projects reviewed by Huizar or Englander, another former councilman who accepted bribes from developers. Although AHF mentioned four projects tied to the federal case, the lawsuit leaves the door open to blocking other projects, saying that "it is highly likely that the approvals of other real estate projects are similarly tainted," and calling for a "top-to-bottom review" of whether committee decisions were corrupted. Whether the city can legally stop these projects could depend on a long list of factors, including how far developers are in the building process and what kind of approvals they have obtained. Freight Mobility Plan Seeks to Upgrade Statewide Transportation Network California Department of Transportation has released its California Freight Mobility Plan 2020. The plan's scope addresses immediate and long-term policies, strategies, and investments necessary to support the good transporting network via truck, train, ship, airplane, automobile, bicycle, foot, or robot. Officials said the effort incorporates emerging technologies, such as e-commerce, 3-D printing and autonomous vehicles that could change how industries interact with freight networks. Caltrans said the plan's seven overarching goals are economic prosperity through increased system efficiency, productivity, and workforce production; environmental stewardship; healthier communities by mitigating the negative impacts of the freight system; increased safety among workers and infrastructure resiliency; asset management; connectivity and accessibility; and multimodal mobility through improved network efficiency and travel time reliability. San Diego Missed Housing Targets by 50% San Diego fell far short of its housing production targets, according to the city's newly released 2020 Housing Inventory Report . The city missed building targets by nearly 50 percent. Despite the housing shortfall, the report isn't all bad news. Data trends in the report show that new housing initiatives might be working. New construction starts, which are measured by the number of building permits issued, saw the second-highest number between 2010 and 2019, with permits for 5,221 units. Affordable housing production doubled from 2018 numbers to a total of 940 affordable housing units. Other highlights from the report include the San Diego Housing Commission preserving or rehabilitating 707 at-risk affordable housing units; updating community plans to increase capacity for 74,000 additional units; permitting 627 "companion" units; and 273 affordable units are being produced as part of the city's affordable housing density bonuses. . CP&DR Podcast: Race & Planning in California CP&DR welcomed a panel of Black planners to share their personal perspectives on the current historical moment and on the future of planning in the era of Black Lives Matter for the CP&DR podcast . Issues including segregation, economic disparities, environmental justice, housing justice, and a great many others fall within the purview of urban planning. Planners face, more so now than ever before, the opportunity not only to promote equity but also to correct historic injustices--especially those that marginalize and disadvantage Black Americans.  . Quick Hits & Updates  The Department of Housing Community Development sent a letter to Simi Valley warning that the city must resume public hearings on land use items or risk a revocation of the city's housing element compliance. The letter marks the third time that the state has sent a notice of potential Housing Accountability Act violations to Simi Valley. At the center of the violation is the continued delay in approval for a proposed 278-unit apartment complex with affordable housing. Inglewood's City Council voted unanimously to approve the environmental impact report for the future Clippers ' arena. The approval comes seven after the release of the report, which found that the Inglewood Basketball and Entertainment Complex would bring traffic and jobs to the area while ruling it would not contribute to gentrification of its surrounding neighborhood. Federal prosecutors have brought new bribery and money laundering charges against Los Angeles City Councilman Jose Huizar, who was arrested and charged with racketeering in June. The new changes expand on earlier allegations that Huizar aided real estate developers in exchange for bribes to include political donations as part of a bribery scheme to win approval for an Arts District project, and a proposed arrangement with a development company to hire the councilman after he left office. Two separate plans for 1,000-plus new single family homes in Antioch and Pittsburg received key approvals to move forward. With 1,777 homes, the Atherton subdivision is the biggest single residential development the city has approved (and did so unanimously) in 10 years. In a more contentious proceeding the Pittsburg Planning Commission approved a 1,500 home project that had been in the planning stages for over 10 years by a one-vote margin. The city of Arcata and the Yurok Indian Housing Authority announced an affordable housing project is now fully funded after securing an Affordable Housing and Sustainable Communities award grant--the first of its kind to be awarded to a Native American Tribe. The grant will fund the construction of 36 units of affordable housing in additional to several bicycle lanes, accessible walkways, a one-mile multi-use trail, and a pedestrian bridge that will connect tribal residents to surrounding neighborhoods. In a deal rich with historic significance, the Esselen Tribe of Monterey County closed escrow to purchase 1,199 acres in Big Sur as part of a $4.5 million acquisition of tribal lands. It represents the first time that the Esselen Tribe has regained any of its former territory more than 200 years after being stripped of their land in the late 1700s. Tribal leaders say they plan to build permanent homes or businesses on the property. Dublin , California's fastest growing city, rejected a mixed-use project that would have added 566 homes. After years of the developer working with the city, holding meetings to hear from the community and modifying plans, the council rejected the proposal outright, saying the project wasn't a good fit for Dublin. The Torres Martinez Desert Cahuilla Indians want to build an 8,400-bed prison on its remote reservation next to the Salton Sea and lease it to the state. The $2 billion project would be the largest prison in California, and one of the largest in the country. Under the proposal, the state and then staff would run the facility and pay the tribe an annual rent of nearly $175 million. The project would bring at least 2,000 jobs and more financial security to the tribe. San Francisco supervisors delayed approving 15 parcels in a major rezoning plan known as 'The Hub' that is expected to bring thousands of new housing units. The plan will be on pause for six months while City Hall conducts a racial and social equity analysis that looks at the potential for increased pressure on the roughly 21,000 existing rent-controlled units in the area. Three major Hub projects will move forward, including a 31-story residential building, a 45-story mixed-use building, and a 55-story project. Los Angeles County is considering using parks and libraries as alternative learning for students while school campuses are closed amid the COVID-19 pandemic. The proposal asks the Department of Parks and Recreation to report back to the Board of Supervisors to provide staffing, supervision, and programming to children in unincorporated areas of the county. A federal judge rejected an environmental group's lawsuit challenging the amount of toxic chemicals found in groundwater around Vacaville. The district court judge ruled that the group attempted "to stretch the statute well beyond its application." The city had been preparing to pay for additional treatment of groundwater, but shelved those plans after a 2014 state court decision.

  • Podcast: What's It Like To Be A Black Planner In California?

    The death of George Floyd and the strengthened, nationwide interest in the Black Lives Matter movement has naturally and crucially highlighted urban inequities. Issues including segregation, economic disparities, environmental justice, housing justice, and a great many others fall within the purview of urban planning. Planners face, more so now than ever before, the opportunity not only to promote equity but also to correct historic injustices--especially those that marginalize and disadvantage Black Americans. The fulfillment of these goals of course involves Black planners. And it calls upon planners of all backgrounds to support the Black community.   CP&DR welcomes a panel of Black planners to share their personal perspectives on the current historical moment and on the future of planning in the era of Black Lives Matter.   For access on other platforms, including Spotify, please visit  https://anchor.fm/calplan Panelists Courtney Brown , Planning Associate, Michael Baker International  Warren Logan , Policy Director of Mobility and Inter Agency Relations, City of Oakland  Eric Shaw , Director of the Office of Housing and Community Development, City & County of San Francisco  Hosts Bill Fulton , Publisher & Editor, CP&DR  Josh Stephens , Contributing Editor, CP&DR  Related CP&DR Coverage & Commentary  Podcast: SCAG President Rex Richardson on Regional Planning and Social Equity We Must Do Better Do Black Lives Matter to Homeowners? Editor's note: Linda Tatum, asst. city manager with the City of Long Beach, was scheduled to participate but had an unexpected conflict.

  • CP&DR News Briefs August 4, 2020: Flood Risk; Housing Crisis & Planning; San Diego Housing Bond; and More

    State Flood Maps May Have Blind Spots; 1.1 Million Properties at Risk Northern California--where most of the state's water supply originates--has been exceptionally dry this year, part of an unfolding decades-long "megadrought" affecting much of the West. While the focus of attention is naturally on managing drought, two new studies suggest that flood maps vastly underestimate the state's flood risk. Most major floods in California are associated with atmospheric rivers, or narrow concentrated bands of atmospheric moisture, that produce prodigious amounts of rain. A new study suggests warming atmospheric rivers--a result of climate change-- will dramatically increase both intensity and volume of precipitation. Warmer storms produce less snow and more rain, adding to potential runoff. The combined effect could overwhelm levees on rivers and storm water management in cities. A second study by the First Street Foundation presents new estimates of current and future flood vulnerability across the US with updated models and a better accounting for climate change and sea level rise. The takeway from this work is that the state and its federal partners may have underestimated the number of properties at substantial risk of flooding by half. The study estimates 1.1 million properties are at risk, and another 150,000 properties will join them in the next 30 years. Calif. Planning Roundtable Envisions Solutions to Housing Crisis The California Planning Roundtable (CPR) released a roadmap Planning to House California: Beyond 2020 exploring ways cities and counties can create favorable conditions for increased housing production. The first principle--start with a plan--recommends allowing for flexibility within an objective framework. I.e., cities should (and must under SB 35) require objective design guidance for building form and site design, but allow for variation of density and scale in different contexts. The report recommends cities to embrace and zone for housing in all forms: rather than focus on housing type when crafting zoning laws, metrics like floor-area ratios or units per acre opens up a wider range of possibilities. With those standards in place, cities can then facilitate by-right housing and use CEQA for streamlining housing projects. The adoption of by-right zoning means that housing projects are ministerial in nature and not subject to CEQA review. Finally, the authors address how to pay for the infrastructure and amenities that complete communities. Impact fees, a common mechanism, are often high at the margin, do not raise sufficient revenue, and exacerbate the housing affordability challenge. CPR sees a need for more funding tools from the State and fiscal incentives for cities that meet RHNA housing goals. San Diego Places $900 Million Housing Bond on Ballot The San Diego  City Council voted to place an affordable housing bond on the November ballot, but rejected measures for publicly financed elections and for pro-union construction deals. The $900 million housing bond measure would pay for the construction of roughly 7,500 new affordable housing. 2,800 of those units will be for the formerly homeless, while the rest would be for veterans and senior citizens. In addition to the local money it would raise, the measure would help San Diego secure matching state and federal funds devoted to homelessness and affordable housing. If passed, the measure would cost homeowners approximately $115 more per year. Supporters of the publicly financed elections measure said the goal was reducing the influence of developers and labor unions on city elections. Supporters withdrew, without comment, the proposed ballot measure that would have reversed a partial city ban on "project labor agreements," or pro-union construction deals. CP&DR Coverage: SB 35 Draft Implementation Guidelines Among both litigation and confusion, the Department of Housing and Community Development has issued updated draft guidelines for cities and counties to implement SB 35, as well as an updated list of jurisdictions that are required to adopt what HCD is calling the “Streamlined Ministerial Approval Process”. About 95% of the state’s jurisdictions must accept SB 35 applications for at least some projects. Quick Hits & Updates  A California Court of Appeal issued an opinion finding no merit to a lawsuit alleging that the City of Santa Monica's at-large elections system violated the California Voting Rights Act by diluting the Latino vote. The ruling reverses a lower court opinion that favored the plaintiffs and ordered the city to switch from at-large to by-district elections. The Court of Appeal noted that even if the city switched elections, the 30 percent Latino population would fail to win a majority. Preserve Our Rural Communities, a grassroots organization in San Benito , has ended a ballot measure campaign for an initiative that would have overturned the city's decision to rezone 16 rural/agricultural zones to commercial zones. One of the bill co-sponsors cited the pandemic and "uncertainty about our economic future" as reasons to table the initiative. Building on the success of Project Roomkey , HCD has announced a NOFA for $600 million in Homekey Funds. Homekey is the next phase in the state's response to protecting Californians experiencing homelessness who are at high risk for serious illness and are impacted by COVID-19. The funds will go toward purchasing and rehabilitating housing that can be converted into interim or long-term housing. Three Palo Alto  City Council members are requesting that the state reconsider its requirement that the Bay Area roughly double the number of housing units in the next RHNA cycle. The letter, which argues the process is moving too fast and that the numbers are too aggressive, responds to a June 9 determination by HCD that the Bay Area has to plan for 441,176 units between 2023 and 2031. Coronado's bid to lower its RHNA allocation failed after five San Diego County jurisdictions voted down the city's appeal, with 55 percent voting against Coronado. The city was assigned 1,001 new housing units, up 2,000 percent from the previous cycles. Sacramento County l eaders dropped their plans to put a half-cent transportation sales tax on the November ballot after a poll showed the measure was unlikely to pass. Measure A was projected to raise $8 billion over 40 years for road and transit improvements. Officials cited the economic effects of the coronavirus pandemic and social unrest following police protests. A controversial inspection plan for San Onofre's nuclear waste was given the green light by the California Coastal Commission. The approved inspection plan, which calls for 16 percent of the 73 storage containers to be inspected for cracks, means more than 1,700 tons of nuclear fuel will remain housed behind a seawall just off the coast. Sacramento's housing authority has agreed to pay $7,500 for violating the Fair Housing Act under a settlement agreement with the U.S. Department of Housing and Urban Development. The agreement resolves allegations that staff acted unlawfully when they delayed installing grab bars in a unit in response to the tenant's request. Agency employees will undergo mandatory training on fair housing as part of the agreement. In a blow to the Trump administration, a federal district court judge ruled that California's cap-and-trade agreement with Canada's Quebec province is constitutional. The decision said the Trump administration had "failed to identify a clear and express foreign policy that directly conflicts with California's cap-and-trade program." The agreement between California and Quebec to link markets that aim to cut greenhouse gas emissions dates back to 2013.

  • Revised SB 35 Guidelines Near Completion

    Among both litigation and confusion, the Department of Housing and Community Development is almost done updating its SB 35 guidelines, as well as an updated list of jurisdictions that are required to adopt what HCD is calling the “Streamlined Ministerial Approval Process”. The deadline for comments on the draft guideline is tomorrow (Wednesday, August 5). About 95% of the state’s jurisdictions must accept SB 35 applications for at least some projects.

  • L.A. Must Surrender Proposed "Highland Park City Hall"

    The City of Los Angeles must offer to sell an historic bank building in the Highland Park neighborhood to its previous owner because the city did nothing with the property for 10 years after taking it in an eminent domain process, an appellate court has ruled.

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