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  • With Suits Settled, Santa Clara's "Satellite Downtown" Moves Forward

    While tech giant Google proceeds with plans to reinvent downtown San Jose, the settlement of a lawsuit in adjacent Santa Clara has set the stage for the rise of not just one but two major urban centers in Silicon Valley. It’s an embarrassment of riches that, for some, cannot come quickly enough in a region where nearly every square foot of commercial and residential space is maxed out.

  • CP&DR News Briefs October 22, 2019: Market St. Car Ban; I.E. Nixes Rail; San Jose BART; and More

    San Francisco Bans Cars on Market Street The San Francisco Municipal Transportation Agency unanimously approved a ban of vehicles on  Market Street – the busiest street in the city. The $604 million Better Market Street Project proposal transforms the street between Octavia Boulevard and the Embarcadero. The ban includes personal vehicles, Ubers and Lyfts, but Muni buses, emergency vehicles, paratransit, bikes, and taxis would still be able to ride down the street. Market Street will add full protected bike lanes, transit-only lanes, and pedestrian safety improvements.The plans work toward the city’s “Vision Zero” safety goals: pedestrian deaths are uncommonly high in San Francisco streets. It also works towards the city’s climate goals and adds public space to the city. The project has been gaining traction in recent months: city agencies, elected officials, and even Mayor London Breed have endorsed the plans. Pending approvals, construction for phase one could begin as soon as 2020, and be completed as soon as 2025. “A half million people walk on Market Street each day, yet it’s one of our city’s most dangerous streets for traffic crashes,” Jodie Medeiros, executive director of Walk San Francisco told SF Curbed. “The Better Market Street plan will finally change that." Inland Empire Gives Up on Light Rail Extension to L.A. Following through on last month’s threat to “throw in the towel,” the San Bernardino Transit Authority (SBTCA) axed a decades-in-the-making plan to extend the Metro Gold Line to Montclair in favor of a scaled-back Metrolink line. The agency said the revised plans would save taxpayers money, though the “Gold Link” trains would run less frequently and likely attract fewer riders. Days later, the Montcliar City Council shot back with a 22-page resolution in support of the Gold Line, claiming that the authority would violate state law if it failed to pursue its initial plans. The city has invested over $500 million in housing, retail, and office development around the expected Gold Line stop. Currently, the Gold Line Construction Authority is falling short in funding for multiple segments of its Los Angeles-to-Asuza line. The SBTCA has raised $80 million for its segment, but is still $17.4 million short. The Gold Link alternative will only cost $55 million, and the authority has recommended diverting unused funds to transit projects such as a rapid bus line. In its response, the city council outline several potential legal pushbacks to the about-face, including the approximately $40 million in earmarked Gold Line funds from the 2004 tax Measure I.  San Jose BART Extension Delayed to 2030 In yet another delay for the much-anticipated San Jose downtown BART extension, the project will not be completed until 2030. The project, which will add four stations to the San Jose area, was originally timeliness for 2026. However, BART officials say that environmental clearance got pushed back, and the single-tunnel redesign caused more delays. BART officials also say that the new estimate is tenuous, and won’t be reliable until design is past 10 percent and 30 percent complete. Meanwhile, it was recently announced that the 6.5-mile, four-station downtown extension will receive $125 million in federal grants. The Federal Transit Administration selected Valley Transportation Authority for a new “Expedited Project Delivery Pilot Program" to fast-track funding for major transportation projects. When the project is complete it will carry 52,000 riders each weekday and reduce 27 million miles of car travel. This boon comes just weeks after Google released the first details of its downtown redevelopment plans for San Jose, including a mega transit-oriented village around the forthcoming station. (See prior CP&DR coverage here and  here .) Report Estimates 650,000 Homes at Risk of Wildfires Nearly 650,000 California homes are at “high” or “extreme” wildfire risk, according to an analysis from data consultancy CoreLogic. CoreLogic ran a study of the 11 most at-risk states in the contiguous United States for wildfire. Its top four most at-risk metro areas were all in California: Los Angeles, Riverside, San Diego, and Sacramento. According to their report, these cities stand to lose $71 billion, $41 billion, $36 billion, and $26 billion, respectively, in property damage. In fact, nine of their fifteen top-ranked cities were in California, adding San Francisco, Truckee, Oxnard, Redding, and Salinas to the list. In total, CoreLogic says that 405,715 California residences are at high wildfire risk, and 240,580 are at extreme risk. Los Angeles Considers Strengthened Rent Control In advance of a new state rent cap law taking effect in January, Los Angeles City Council members are pushing for emergency interim provisions against evictions and large rent increases. Governor Gavin Newsom recently signed AB 1482, which limits annual rent increases to five percent plus inflation for the next decade. It also prevents tenants from being evicted without documented lease violations once they’ve lived in an apartment for a year. However, landlords can still evict tenants without cause until January 1. In response, Los Angeles city council members introduced emergency stopgap measures that effectively carry the future law into the present: one that prevents no-fault evictions until January, and another that would limit rent increases to what is allowable when the cap takes effect.“We think this is very, very urgent to prevent thousands of people literally becoming homeless in the next couple months,” council member Rene Christian Moya told the Los Angeles City Council, according to the Los Angeles Times. Quick Hits & Updates The San Francisco Giants released plans for the remake of a 5-acre parking lot into a “constructed ecosystem” waterfront park with tide pools and a bayside lawn. The site will combat the effects of sea level rise on the park, by raising the site 5 feet and installing several landscaped hillocks. This public space is just the first effort of the long-delayed 28-acre Mission Rock mixed-use project, which will add two office buildings and two residential towers to an area that includes the shoreline and Pier 48. The plans are still awaiting a final sign-off from the San Francisco Bay Conservation and Development Commission and the Port of San Francisco. The nation’s first licensed cannabis consumption lounge and restaurant recently opened in West Hollywood. Notably, the law still prohibits Lowell Cafe from serving food infused its own food with cannabis. But the cafe is also a dispensary for cannabis products, and patrons will receive separate checks for food and cannabis products. Patrons are encouraged to consume their separately-purchased cannabis while enjoying dishes designed to complement cannabis. (See prior CP&DR coverage here and  here .) The American Hockey League announced an extension of its franchise to the city of Palm Springs. The league’s 32nd team, an affiliate of an expansion NHL team in Seattle, will play at a new $250 million arena planned at the Caliente Indian Reservation in downtown Plam Springs, expected to break ground in early 2020, and will open in fall 2021. Many Palm Springs residents have criticized the plans, citing traffic and parking concerns in the downtown area. California schools should accommodate affordable housing, according to a recent policy brief from the UCLA Ziman Center for Real Estate. The brief, authored by CityLab-UCLA Director Dana Cuff, notes that a single-use zoning mentality has excluded schools as potential housing sites. However, her research has found that the real estate of the 10,668 public schools statewide is ample and in need of a revitalization. And she notes that when land costs comprise 10-15 percent of total development cost for affordable housing, building on public land vastly increases the state’s options. Cuff writes that such affordable housing could serve teachers, staff, and students alike. The Sacramento Bee announced a new partnership with the Sacramento Tree Foundation to improve the long-term health of the city’s tree canopy. In a recent article, the publication noted that the canopy is crucial to mitigate local greenhouse gas emissions and protect the area from summer heat. It also outlined the various threats to Sacramento’s trees from climate change, sprawl, invasive species, and an aging tree stock. Through the partnership, the Bee will publish a series on the canopy, will cover local tree planning events, and offer a special digital subscription with a donation to the Tree Foundation. Facing a federal deadline, San Francisco’s first potential Opportunity Zone development might be delayed due to significant community opposition. The Opportunity Zone program, part of President Trump’s 2017 tax overhaul, allows investors to get a 10 percent reduction in capital gains tax if they’re invested in low-income neighborhoods. The plan to build nearly 200 homes on Ocean Avenue in the Excelsior District would be funded from that tax break – needs local approval to qualify for the program. However, advocacy groups like Communities United for Health and Justice organized against the development, arguing that the new homes are not intended to meet the needs of the community, and would displace current residents. (See prior CP&DR coverage .) The San Jose City Council narrowly voted to extend incentives for downtown housing developers to encourage development through 2023. The incentives, including waivers on affordable housing impact fees, are intended to incentivize new building in an ever-more-expensive market. Critics of the measure argued that the model has been enacted since 2007, it has yet to produce sufficient affordable housing. The package also includes a 50 percent-off discount on park impact fees and primary construction taxes, and delays payment of those fees until tenants are in place. Downtown developers also get a break on a $17-per-square-foot affordable housing impact fee. The cities of Gustine and Encinitas are the latest cities to come into compliance with the state Housing Element law since Governor Gavin Newsom met with mayors in February, according to a press release from the California Department of Housing and Community Development. Gustine completed rezoning sites to allow for greater density, as well as a streamlined review on developments that create a minimum of 20 percent of units to low income families. Encinitas came into compliance by gaining Coastal Commission approval their Local Coastal Plan amendment, by encouraging affordable development within the Coastal Zone. These are the 10th and 11th cities to come into compliance this year. A federal appeals court unanimously upheld Santa Monica’s ban on most short-term vacation rentals. The city’s 2015 law prohibited rentals shorter than 30 days on the grounds that it “disturbed the residential character” of the area. A resident sued the city, saying the law was unconstitutional because it denied outsiders’ access to Santa Monica’s neighborhoods. However, the ninth circuit panel of judges rejected the appeal.

  • The Three Big Reforms On Housing Policy

    Over the past three years, housing policy in California has undergone a wholesale transformation – with a potentially profound impact on local planning processes. As this year’s legislative season comes to an end – highlighted by Gov. Gavin Newsom’s dramatic signing of 18 housing bills – it’s worth sizing up what the changes since 2017 add up to.

  • CP&DR News Briefs October 15, 2019: Carbon Emissions; State Surplus Land; Caltrain Expansion; and More

    State Emissions Goals May Prove Too Ambitious California will likely miss its emissions reductions goals for the next decade, in part due to unprecedented carbon dioxide emissions from the 2018 wildfire seasons. According to the recently-released California Green iNnovation Index , transportation is the main culprit: the state would have to reduce emissions from cars and factories by an average of 4.5 percent every year to meet the SB32 goal to reduce emission to 40 percent below 1990 levels by 2030. Thus far, California has been reducing emissions by an average of about 1.15 percent per year. If nothing changes, the report notes, California won’t meet its 2030 goals until 2061 and won’t meet its 2050 target for at least 100 years. Wildfires aren’t helping these numbers: according to a report prepared by Beacon Economics and the Next 10 think tank, the 2018 wildfires produced more than nine times more emissions than were reduced in 2017. And 2018 wildfire “emissions” outranked the state’s commercial, residential, or agricultural emissions – though they still fell behind transportation, industry, or electricity. Additionally, these blazes threaten California forests as carbon “sinks” that absorb human emissions.  Newsom Names First State Land Housing Site In his first designation under the Excess Land for Affordable Housing executive order, Governor Gavin Newsom proposed an affordable housing on state-owned land in Stockton. Since Newsom’s January order, the Department of General Services and the Department of Housing and Community Development have been working with local jurisdictions to identify potentially suitable state-owned sites for housing. The state selected two sites in Stockton, both within the city’s Miner Avenue Complete Street Project, a rehabilitation and beautification project. The development will provide over 100 units with a 50 percent affordable minimum. Preference will be given to deeper affordability and additional affordable units. Under the program, developers will receive a long-term ground lease from the state and will build, own, and manage the housing they develop. RFPs will be due in November, and developers will be selected in January 2020. Newsom also announced that he is working with the city of Sacramento on a housing development, and will issue a Request for Proposal soon. “We have to use every tool in our toolbox to deliver more affordable housing for low-income and middle class Californians,” said Governor Newsom in a statement. “Sacramento and Stockton’s leadership will set the example for other local governments to follow.” Caltrain Considers Ways to Triple Ridership In a bid to ease congestion on Peninsula freeways, the Caltrain Board adopted a plan to offer more frequent trips to the Peninsula. The plan calls for for as many as eight trips per hour io each direction between San Jose and San Francisco, as well as express short-ride trains every fifteen minutes., and more frequent service further south to Gilroy. Caltrain expects the increased frequency would nearly triple its daily ridership from, 65,000 passengers to 180,000 by 2040. However, it’s still not clear how the massive service transformation will be funded. Caltrain estimates that the operating costs would increase from $135 million in 2018 to $370 million in 2040. Caltrain says that much of this would be covered from increased fare revenue, but that it would still fall $66 million short each year. Additionally,y it would need to upgrade infrastructure to support the changes. One option for funding may come from the Faster Bay Area mega-mesaure, a one-cent sales tax that would raise $100 million over four decades. Voters will consider this measure in November 2020. Housing Costs, Politics Prompt Half of Californians to Consider Relocating Over half of Californians have recently considered leaving the state, according to a U.C. Berkeley Institute of Governmental Studies poll . The poll found that 52 percent of the 4,527 registered California voters surveyed had given either serious (24 percent) or some (28 percent) thought to leaving. Those surveyed cited the high cost of housing (71 percent), high taxes (58 percent), and the state’s political culture (46 percent) as the top reasons to leave. The poll found only modest differences in responses between regions and most demographics – except across a political divide. Conservatives and Republicans are three times as likely as Democrats and liberals to be giving “serious consideration” to leaving the state. Conservatives and republicans are also far more likely to list the state’s political culture as a reason to leave than Democrats or liberals, and twice as likely to mention high taxes. Additionally, the trend of voter opinions of California as a place to live has steadily grown less positive since the poll began in 1967 – with only a small positive uptick in perception of California in the past three years. Here, again, partisanship shaped those responses: Democrats were nearly three times as likely as Republicans and conservatives to describe California as one of the best places to live. SANDAG Reaches Agreement on Rail, Highway Funding Striking a compromise that included some highway funding, the board of the San Diego Association of Governments approved a nearly $600 million transportation spending blueprint. The bill will add new lanes to state Routes 67 and 78, and make improvements to Route 52. But it will also include resources for SANDAG's primary vision: to start design a high-speed rail system. Finding new funding pathways to achieve this vision has become more urgent since SANDAG released data showing that the agency’s current Transnet sale tax – passed in 2004 to fund highway projects – will bring in about $10 billion less than 2050 than originally anticipated. But SANDAG’s bid to introduce a new sales tax to fund rail systems without making good on highway promises has faced strong opposition. Still, SANDAG Executive Director Hasan Ikhrata warns that the region won’t meet its state-mandated emissions reduction targets without scrapping major highway projects, and prioritizing transit. “I think this will put the agency in legal jeopardy,” he told the San Diego Union-Tribune. “I will guarantee you that if we build these projects…this will increase vehicle miles traveled and greenhouse gasses." Sacramento Inching Toward Deal to Bring MLS to Railyards Stadium Following months of negotiations, Sacramento representatives and Major League Soccer may be finalizing a deal to bring a team to the city in 2022, according to reporting from the Sacramento Bee. For months, Sacramento has been competing with St. Louis to land an MLS franchise. Los Angeles billionaire Ron Burkle, partner Matt Alvarez, and a local businessman Kevin Nagle head the group that hopes to replace the city’s current lower-tier Republic FC team with the MLS franchise team – also to be called Republic FC. The city agreed to $33 million of assistance on permit fees, infrastructure construction and signage rights value, and approved a contingency purchase deal for MLS to build a $250 million stadium on 31 acres within the city’s Railyards mega-development, adjacent to downtown. But negotiations reportedly hit roadblocks, and St. Louis was awarded a franchise deal three weeks ago. If the current deal is finalized, Sacramento will be the 29th team to join the league. Mayor Darrell Steinberg recently tweeted, “While the deal is not finalized, we are working hard and I’ve never been more confident that we will bring .” Quick Hits & Updates In the latest escalation in the dispute between Oakland and Alameda County over the potential sale of the Oakland Coliseum to the Oakland A’s for redevelopment, Major League Baseball commissioner Rob Manfred  warned that the A’s would move to Las Vegas if Oakland didn’t drop its suit. Alameda County and the city of Oakland currently co-own the Coliseum property. Recently, Alameda County began the process of selling its share to the baseball team. Oakland sued , citing the Surplus Land Act, which requires 90 days of “good faith” negotiation to affordable developers before selling land. A judge issued a temporary restraining order against the county, halting the sale. Sonoma County officials are consolidating approval of about four dozen higher density housing projects under a single review process. By rezoning certain parcels and merging environmental reviews into a single study, the county hopes save a year of review and add at least 500 separate dwellings to private land just outside the city. The county’s website reported that the total housing possible from these developments could be as many as 3,000 dwellings, which would get the city significantly closer to its current demand of 16,000 affordable rental homes. This move may also help push for rezoning for greater density in the county’s forthcoming general plan updates. The City of Anaheim declined to release its appraisal of the Angels' stadium until negotiations are complete, despite calls from the public and some councilmemebers to release it. The most recent appraisal of the site was in 2014, valuing the stadium land between $225 and $325 million. Critics say that keeping the appraisal secret forces councilmembers and the public to accept terms of a negotiation without full information. The California Department of Housing and Community Development awarded more than $4.9 million in SB 2 planning grants to 16 California cities and counties. SB 2, the Building Homes and Jobs Act passed in 2017, gives grants for projects such as updating local planning documents, updating zoning ordinances, conducting environmental analyses, or for local improvements to expedite planning and permitting. Awardees include the city of Livermore, Los Angeles County, Merced, Santa Monica, and others. San Francisco International Airport announced a $587 million plan to install 10 miles of sea wall around the 4,171 acre airport site. This comes amid research showing at least one foot of sea level rise in the coming 30 years and at least three feet by 2100, raising concerns of flooded runways and buildings. A 2011 report from the San Francisco Bay Conservation Development Commission showed that 72 percent of SFO would suffer if sea level increased by as little as 16 inches. The seawall will project the terminals until at least the year 2085 for a sea level rise of up to 36 inches.  The Coastal Commission says that a new homeless encampment in San Clemente may need a coastal development permit to move forward. The San Clemente City Council built a campsite at a city-owned maintenance yard via an emergency ordinance in May. The ordinance required all of the city’s homeless to move to the site. Now, commission representatives are expressing concerns about rainstorm runoff from the site’s port-a-potties to bodies of water, including the San Clemente pier. The commission will investigate for violations of the state’s Coastal Act.  The U.S. Department of the Interior will transfer over 500 acres of San Diego county federal lands to the army to erect 70 miles of border wall. The land is currently part of the 18,500 protected acres of the Otay Mountain Wilderness. The agreement between the Army and the Trump Administrations gives the Army three years to build in this area. If completed, it will be the first newly built section of border wall in San Diego County in this administration. After nearly a decade of negotiations, the Save the Redwoods League struck a deal to buy Alder Creek Grove from the world’s largest private forest holders. The Rouch family owned the giant sequoia-studded land for seven generations, and largely protected the trees. The 583-acre grove has 483 giant sequoias with diameters of at least 6 feet, including the world’s fifth-biggest 3,000-year-old Stagg tree. However, the league has been recently shifting its focus from coast redwoods to giant sequoias along the central Sierra – and this purchase represents nearly half of all privately-owned giant sequoia sites. As part of a countywide incentives program to increase affordable housing, San Diego County is offering free pre-approved housing plans for accessory dwelling units for housing owners. On its website, the county posted two permit-ready floor plans sized at 600 and 1,200 square feet, and said it would post more in the coming weeks. Earlier this year, the county also waived $15,000 in permit and development fees for so-called granny flats. According to the county, there’s space for roughly 172,000 homes on existing lots in the area to house low-income, older, and veteran populations.

  • CP&DR News Briefs Oct. 8, 2019: Oakland Stadium; Vallco Mall; Transportation & Climate Change, and More

    Oakland Sues to Block Sale of Stadium Land to A's A Superior Court judge issued a temporary order to block Alameda County’s Coliseum land sale to the Oakland A’s, after the city of Oakland sued the county over the sale. The A’s proposed tearing down and redeveloping the RingCentral Coliseum site, on top of their plans for a new ballpark at the Howard Terminal site. In April, Alameda County moved forward with the sale its 50 percent share of the 155-acre site for $85 million. Oakland owns the other half of the property. And the Oakland City Council has since contended that the county’s sale is in violation of California’s Surplus Land Act, a state law that requires publicly owned surplus lands to be considered for affordable housing, and for owners to negotiate “in good faith,” with affordable housing developers for 90 days before the lands are sold or leased. County officials say they have been in discussions with the city to sell their half of the site to the city since 2015, but that the city has failed to reach a deal. Oakland mayor Libby Schaff objects to the city council’s lawsuit, and hopes to reach a deal with the county without going to court. “It is so easy to put a lawsuit on pause while we try and resolve things diplomatically,” she said. “And I think that is in the best interest of taxpayers. Governments should be working together and not against each other." Vallco Mall Developer Sues Cupertino  In the latest back-and-forth before the November ruling over Cupertino’s Vallco Mall redevelopment plan, the plan’s developer has sued the city. The city and the developer Sand Hill have been engaged in a months-long skirmish over the planned development, which was approved through state law SB 35 that requires streamlined approval of certain developments that meet affordable requirements. Plans includes 2402 apartment units, 400,000 square feet of retail and 1.8 million square feet of office space. Since its approval, the city council has attempted to block the plan, and recently approved a general plan amendment from the site that eliminated the office space and imposed a 60-foot height limit took a step to block the company from including more office space in its plans. In response, Sand Hill filed a lawsuit against the city alleging that this approach would render affordable units infeasible – resulting in a potential loss of “tens or hundreds of millions of dollars”. In August, the state got involved: with a letter warning the city that they could violate state law if housing fails to materialize at Vallco. Last week, the city released nine-page memo of a study by Hausrath Economics that shows that at least two scenarios for housing projects that are financially feasible. Until the November hearing, Sand Hill has been moving forward with construction: they have demolished several sites on the West side of the mall. (See prior CP&DR coverage .) Caltrans Issues Concerning Climate Change Reports for S. California Districts  The California Department of Transportation updated its climate change vulnerability reports for three major districts, examining how extreme weather will impact transportation infrastructure like roads and bridges. The areas included in the September update are District 7, Los Angeles and Ventura counties; District 8, Riverside and San Bernardino counties; and District 11, San Diego and Imperial counties. In District 7, CalTrans noted that District 7’s high population and dense highway infrastructure will create particular vulnerabilities to temperature rise, sea level rise and storm surge, heavy rain events, and wildfire. Its district resiliency plan includes raising and realigning roadways to prevent highway inundation from sea level rise and coastal erosion, as well as keeping landscaping “fire-safe” with high-moisture plants. In District 8, key vulnerabilities focus on roadways though wilderness areas susceptible to wildfire and sudden extreme storm events. Risk mitigation plans include reinforcing bridges for sudden storm events, and fire-proofing CalTrans facilities, and considering high temperatures for CalTrans worker schedules. District 11 was considered one of the most vulnerabile areas in the state: with areas threatened by future erosion, sea level rise, wildfire, extreme heat, and sudden storms. The resiliency plan includes long-term pavement heat protection, flood mitigation, fire mitigation, and erosion control. Feds Back Down from Proposed Delta Water Plan  Following pushback from the California Department of Fish and Wildlife , the federal Bureau of Reclamation walked back its plans to push more water through the Delta to Central Valley communities. The Trump administration has been trying to increase water deliveries to the Valley throughout its term, and had planned to deliver on the promise this fall. However, the state department of Fish and Wildlife protested, citing harmful impacts on endangered fish species, including the Chinook salmon. The Delta provides much of the north-to-south delivery of water, and is often caught in the crosshairs of water agency battles between the Central Valley and Southern California. And, despite this temporary allowance, the Trump administration is still moving forward with sweeping plans to ease environmental restrictions and pump more water south long-term. “It really wasn’t in their best interest to go to war with the state on this one,” Jeffrey Mount, water policy expert at the Public Policy Institute of California told the Sacramento Bee. “Sometimes, strategic retreat is a good thing.” Bay Area Leaders Detail $100 Billion Transportation Bond Measure  Bay Area transportation leaders are planning a massive $100 billion tax measure that would fund projects like a second bay crossing and low-income fare discounts. The combined efforts of the Bay Area Council, the Silicon Valley Leadership Group, and the urban planning think tank Spur are devising the mega-measure, called Faster Bay Area. Backers of the bill describe broad goals, such as better integration of the region’s transit systems and major rail and freeway infrastructure improvements. But the second bay crossing is among its foremost projects. The list of projects involved has not been finalized, but several key works will be included, including the much-discussed second rail line across the San Francisco Bay. The current single-tunnel BART line from the East Bay into San Francisco runs overcapacity. Plans for a second line, either a second tunnel or a bridge line, would also include Caltrain and Amtrak capability. The measure is planned to be put to voters in November 2020.  Quick Hits & Updates  The Los Angeles County Board of Supervisors unanimously approved the county's first-ever sustainability plan. The OurCounty plan sets ambitious targets for a more sustainable city: including entirely phasing out fossil fuels, maintaining the biodiversity of native species, and deriving 80 percent of the county’s water from local sources. According to UCLA-led research, transitioning Los Angeles County to local water is not only possible, but cost effective: storm water collection infrastructure could meet up to one-third of the county’s water needs. The comprehensive plan also links environmental sustainability with economic sustainability, focusing on equity for disadvantaged communities. Oakland-based landscape architect and U.C. Berkeley professor Walter Hood was named one of this year’s 26 MacArthur “genius” grant recipients. Hood, 61, is the founder of Hood Design Studio, and is known for the Bayview Opera House, landscaping the gardens at the de Young Museum in LA, and the upcoming plan to transform the Oakland Museum of California’s roof into a public art center. Hood primarily works within the public urban environments, and is currently also planning a park atop Yerba Buena Island and a public art piece for the Embarcadero fire station in San Francisco. In the second such investigation for the California High Speed Rail Authority , California bullet train board member Ernest Camacho is under investigation for a potential conflict of interest. In a letter earlier this month, Assemblyman Jim Patterson (R-Fresno) alleged that Camacho’s financial disclosures form indicates that his firm, Pacifica Services, has contracts with firms that the rail authority hired to perform major work. This investigation from the Fair Political Practices Commission follows an investigation earlier this summer of Roy Hill, top executive of the project, which resulted in Hill’s suspension in June. Camacho, the first project board member with significant engineering, construction, and project delivery background, objects to the investigation. He notes that he has no contract with the High-Speed Rail Authority, and that his work with both firms has long since passed. Approval of an affordable housing project in Cambria will go before the Coastal Commission after pushback against the development for its water demands. Cambria has suffered from years of water shortage, and the city’s water is partially sourced by the brackish water treatment service, the Sustainable Water Project. Objections to the 32 units of the Cambria Pines Apartment project, which was approved by the San Luis Obispo County Planning Commission in April. claim that there isn’t enough water to support the new development. The Coastal Commission will conduct a full review of the development before it can proceed. The Los Angeles Metro staff is studying the possibility of delivering the West Santa Ana light rail line in phases. As part of the project’s in-progress environmental impact report, Metro Board’s Planning and programming Comittee is studying two interim operating segments in addition to the full 19-mile corridor lining Artesia to Downtown Los Angeles. The first segment would run from the line’s Pioneer Boulevard southern terminus in Artesia to the proposed Green Line connection at the I-105 median. The second segment would extend service north to the Blue Line connection at Slauson Avenue. These interim segments could begin running by 2028. The full line would not reach completion until 2041. The Emeryville City Council called for an ordinance to end parking requirements for all new buildings to discourage car use in the area. Emeryville currently requires developers to include the equivalent of at least 67 parking spaces per 100 housing units, or .67 spaces per 1,000 square feet of commercial space. If the ordinance is approved, the city will next consider expanding bike-share programs and adding more stops to its free shuttle service. A new San Francisco subway may extend to the west side. The Board of Supervisors  approved a $960,000 study of a new tunnel project between West Portal and Parkmerced, and south to the Ingleside neighborhood. These plans anticipate thousands of new housing units built in the coming years in these neighborhoods, with a projected increase of about 20,000 new residents in the next decade. These areas are already seeing increased demand for transit options and capacity, according to local supervisors. Despite its initial rejection of e-scooters, San Francisco has allowed up to 10,000 scooters to operate in the city as part of its attempt to reduce car driving within the city. The San Francisco Municipal Transportation Authority authorized Lime, Jump (owned by Uber), Scoot (owned by Bird), and Spin (owned by Ford) for permits beginning October 15. Each will initially offer up to 1,000 scooters, but can increase that to 2,500 over 12 months through a performance incentive system. This comes after a largely successful limited pilot program after the scooters received pushback citywide for the dangers of unregulated speeds and sidewalk traffic. (See prior CP&DR coverage .)  Los Angeles workers are increasingly quitting their jobs due to long commute times, according to a recent survey from the carpool app Scoop. The national survey assessed 7,000 commuters in 16 major metropolitan areas, asking about their commute time, and job perspective, including intent to stay and job application decisions. The survey found that Los Angeles had the highest intent to quit due to commute time of any region. It also found that commuting causes personal stress every day for 33 percent of L.A. commuters.

  • Appellate Court Rules In Favor Of Chico In Walmart Dispute

    Critics often claim that the California Environmental Quality Act sometimes does little more than allow project opponents to re-litigate the project approval process in court. In a case involving a proposed Walmart expansion in Chico, the Third District Court of Appeal agreed that this is what the Walmart project opponents were doing and rejected their appeal. Chico approved an expansion to an existing Walmart in 2015, the purpose of which would primary be to add groceries to the store. A group called Chico Advocates for a Responsible Economy (CARE) sued, claiming that the urban decay analysis in the environmental impact report was defective and also the statement of overriding considerations was inadequate. The project called for a 64,000-square-foot expansion of an existing 131,000-square-foot Wal-Mart on Highway 99 in Chico, effectively converting the store into a Super Walmart that sells groceries. The Walmart is situated in close proximity to many other retail stores, including a FoodMaxx store less than a mile away. FoodMaxx employees are unionized and represented by United Food and Commercial Workers, which often opposes Walmart expansions via CEQA challenges. In 2009, Chico had rejected a 100,000-square-foot Walmart expansion on the same site, saying that it could not adopt statements of overriding considering concluding that the project’s benefits outweigh its significant and unavoidable impacts. The EIR found that the Walmart expansion could reduce sales in nearby stores by a few percent, a “neglible” figure that did would not create serious urban decay and therefore did not constitute a significant impact under CEQA. In its lawsuit, CARE took exception to several specific aspects of the urban decay analysis, including: Using storewide sales per square foot rather than a specific grocery-related sales per square foot assumption. Underestimating the impact on Chico by assuming that Paradise residents will use the store rather than stores in their own community. Assuming the impact will be spread among all stores in the area rather than focused on FoodMaxx, the closest store. “The identified “flaws” with the EIR’s methodology amount to nothing more than differences of opinion about how the Project’s expected grocery sales should be estimated, how the Project’s market area should be defined, and which competitors are most susceptible to impacts from the Project,” the court wrote, adding: “The choice of one approach over the other does not render the City’s EIR unreliable.” In addition, the court concluded: “Although the loss of close and convenient shopping could impact some Chico residents psychologically and socially, such impacts are not, by themselves, environmental impacts.” CARE also argued that the city should not have approved a statement of overriding consideration in 2015 after having determined in 2009 that it could not do so. But the court disagreed, noting that the 2009 decision was on a different project Said the court: “CARE’s argument is tantamount to a policy disagreement about whether the benefits of this Project outweigh its costs.” The Case: Chico Advocates for a Responsible Economy v. City of Chico , No. C087142 (filed September 5, 2019, certified for partial publication, October 3, 2019.) The Lawyers: For Chico Advocates for a Responsible Economy: Brett S. Jolley, Shore, McKinley, Conger & Jolley, bjolley@smcslaw.com For City of Chico: Stephen T. Owens, Alvarez-Glasman & Colvin, sowens@agclawfirm.com For Walmart: Arthur J. Friedman, Sheppard, Mullin, Richter & Hampton, afriedman@sheppardmullin.com

  • APA California Awards 2019

    The California Chapter of the American Planning Association announced its annual awards Sept. 16 at its conference in Santa Barbara. Twenty-eight awards were handed out.  AWARDS OF EXCELLENCE Comprehensive Plan Award, Large Jurisdiction Envision Stockton 2040 General Plan City of Stockton Comprehensive Plan Award, Small Jurisdiction City of San Jacinto Trails Master Plan KTUA Innovation in Green Community Planning Award Santa Clara Valley Agriculture Plan County of Santa Clara Economic Planning and Development Award Long Beach Everyone in Economic Initiative City of Long Beach Transportation Planning Award SANDAG and ICTC Regional Mobility Hub Strategy San Diego Association of Governments (SANDAG) Best Practices Award San Mateo County Second Unit Center 21 Elements Public Outreach Award Y-PLAN (Youth - Plan, Learn, Act, Now) Initiative LSA Design Urban Design Award Pier 70 Project SITELAB urban studio Planning Agency Award City of Santa Rosa, Planning and Economic Development Department, Planning Division Advancing Diversity and Social Change in Honor of Paul Davidoff Derek R. Hull Academic Award Oroville Alley Revitalization Program: Vision Plan and Preliminary Feasibility Study California State University, Chico - Department of Geography and Planning Communications Initiative Award Visions to Victory: A People's History of the SR-15 Freeway City Heights Community Development Corporation Hard-Won Victories Award Power Struggle: How Oxnard Turned the Tide of California's Energy Future City of Oxnard, Community Development Department, Planning Division Planning Landmark Award Los Angeles Centers Concept (1970), City of Los Angeles APA California Board of Directors, in conjunction with the Los Angeles Region Planning History Group and Los Angeles Section, APA California AWARDS OF MERIT Opportunity and Empowerment Award Housing Initiatives, Permit Sonoma County of Sonoma Comprehensive Plan Award, Large Jurisdiction El Cajon Transit District Specific Plan City of El Cajon- Community Development Department Comprehensive Plan Award, Small Jurisdiction Vallco Town Center Specific Plan City of Cupertino Community Development Innovation in Green Community Planning Award Regional Climate Action Planning Framework (ReCAP) San Diego Association of Governments (SANDAG) Transportation Planning Award Neighborhood Mobility Plan for the Communities of Thermal and Oasis Kounkuey Design Initiative (KDI) Transportation Planning Award Caltrans/Shasta Regional Transportation Agency Redding to Anderson Six-Lane Trade Corridor Enhancement Program Caltrans District 2 Best Practices Award Orange Eichler Design Standards City of Orange, Community Development Department Grassroots Initiative Award Project Bike Love Local Delivery Sagecrest Planning+Environmental Public Outreach Award City of Santa Cruz Housing Voices Outreach Process City of Santa Cruz Urban Design Award  San Pedro Squared Project San Jose Downtown Association Advancing Diversity and Social Change in Honor of Paul Davidoff Robert Ulibarri, AICP Academic Award Alleys in Action! UC San Diego UC San Diego Urban Studies and Planning Program Communications Initiative Award 2018 Progress Report California's Sustainable Communities and Climate Protection Act California Air Resources Board

  • CP&DR News Briefs October 1, 2019: Cargill Salt Ponds; Transportation Commission; Endangered Species Act Suit; and More

    California, Enviros Sue to Block Development of Cargill Salt Ponds California Attorney General Xavier Becerra and Bay Area conservation groups separately sued the federal EPA for its failure to protect Redwood City’s salt ponds under the Clean Water Act. Earlier this month, the Trump administration rolled back language from the Obama-era Waters of the State definition – disqualifying many waterways like the Bay Area salt ponds from key protections. In these separately-filed lawsuits, Becerra and the environmental groups argued that the change would allow for development and therefore violate the Clean Water Act. Protection of the salt ponds, owned since 1978 by Cargill Inc., have been the subject of controversy for years. In 2012, Cargill proposed a 12,000-home development on the site, but community opposition halted the plans. Environmental groups are pushing to permanently protect the wetlands, but the administration’s new rulings would reclassify the marshes as “land” and therefore developable. However, in April, the state anticipated such a rollback by passing a sweeping state-specific wetlands policy that secured state oversight of waterways. “It’s a sad day when the country’s ‘environmental protection agency’ looks at San Francisco Bay and doesn’t see a body of water it should protect,” Becerra said in a statement. “This unlawful proposal is simply an attempt by the EPA to overlook its obligation to protect our nation’s waters in order to fast track development.” (See prior CP&DR coverage .)  Newsom Appoints Progressives to Transportation Commission In a definitive alignment of the state’s transportation and climate goals, Gov. Gavin Newsom appointed Tamika Butler and Hilary Norton to the California Transportation Commission and ordered the State Transportation Agency to direct investments in ways that decrease fuel consumption. Tamika Butler, former Executive Director of the Los Angeles Bicycle Coalition and current Director of Equity and Inclusion at Toole Design Group, is known for championing inclusive access to multi-mobile transportation options. Norton currently runs Fixing Angelenos Suck in Traffic (FAST), rallying for a broader range of transportation choices for southern Californians. The governor’s executive order further mandates a focus on transportation investments near housing, and to measure climate risks for all transportation spending. This will likely increase spending on transit, rather than on highway projects, with a prioritization on fewer cars rather than more space for cars. Further, the governor signed two vehicle emissions reduction bills: SB 210, requiring song checks for heavy diesel trucks, and SB 44, calling for a comprehensive plan to reduce greenhouse gases from medium and heavy-duty vehicles. California Files Suit to Protect Endangered Species Act  In yet another state challenge of a Trump administration policy, California filed a lawsuit against the federal EPA for weakening the Endangered Species Act . Under the proposed rollbacks, the federal government would be able to reduce the amount of land set aside for wildlife and to disregard the possible effects of climate change when predicting the future dangers species might face. And the changes require the monetization of every species protection. Now, California and 16 others states are suing the administration, making over 60 lawsuits by State Attorney General Xavier Becerra against the Trump Administration. Several environmental and wildlife advocacy groups in the Northern District of California have filed similar suits. In a statement, Becerra noted that California has more than 300 species listed as endangered or threatened – more than any other mainland state. “As we face the unprecedented threat of a climate emergency, now is the time to strengthen our planet’s biodiversity, not to destroy it,” Becerra said, according to the Los Angeles Times. “The only thing we want to see extinct are the beastly policies of the Trump administration putting our ecosystems in danger.” (See prior CP&DR commentary .) Sacramento to Overhaul Bus Network  As part of Sacramento’s multiyear effort to strengthen its transit offerings, the Sacramento Regional Transit District unveiled the biggest bus route redesign in its history. The project, called SacRT Forward, includes extended service hours and better coordination between buses and light rail trains. The agency has seen ridership erode over the past decade even as core metro areas became denser; with more people using ride-sharing services and commuting over crowded highway routes. These new routes are based on an analysis of population and job centers as well as travel routes, and discontinues the lowest-performing lines. The service also plans to offer free rides to all students through high school this fall. “This is much more than changing bus routes; this is about reimagining what mobility means for the diverse communities in which we serve and getting people to places they want to go,” SacRT General Manager Henry Li told the Sacramento Bee. Quick Hits & Updates  The Santa Clara City Council unanimously approved a developer for a proposed teacher housing project in Palo Alto across five school districts. The developer, Mercy housing Management Group, will build an affordable facility catered toward school employees starting or in the middle of their careers. Since its proposal in January 2018, the estimated $36 million project has gained $6 million from the Santa Clara County Board, $3 million from the Palo Alto City Council, and a combined $3 million from the five school districts. (See prior CP&DR coverage .) Contrary to a key 2018 campaign promise, Governor Gavin Newsom dropped plans to appoint the state’s first homelessness czar – and will instead consult with a task force he appointed in February. Data shows that the homelessness crisis is increasing statewide: a biennial count conducted earlier this year showed double-digit increases in major cities, including a 17 percent increase in San Francisco. To justify his decision, the governor highlighted a major increase in state budget dollars toward the issue: including $650 million for cities and counties, and $120 million for supportive housing and service programs.  Two mega-development projects may be coming to a single area on the San Fancisco-Brisbane border, combining the former Badlands landfill site and the Schlage Lock warehouse site for a single 4,000-home residential neighborhood. The plan, spanning two counties and a combined 675 acres, would turn the two sites into a walkable, bikable neighborhood near a Caltrain station and the T-Third Muni Line. Construction would begin on the first phase on the San Francisco side in June, on 574 homes of a planned 1,674 homes on the former Schlage Lock site. On the Brisbane side of the development, local opposition has been strong against the planned 2,200 housing units and 7 million square feet of office space. San Francisco Mayor London Breed says she is putting full efforts into keeping the project on track. An earthquake fault along the Los Angeles County coast long considered dormant is in fact active and potentially catastrophic, according to new research from the U.S. Geological Survey. The Wilmington Blind-Thrust fault, which stretches 12.5 miles from Huntington Beach, under Los Angeles and Long Beach ports, and toward Santa Monica Bay, could cause a 6.4 magnitude earthquake if it ruptured.  The University of Southern California is launching a data project to show how Los Angeles neighborhood crime intersects with other policy areas like homelessness, housing, education, and economic development. The Neighborhood Data for Social Change Initiative  will take place over the course of the year. Regional law enforcement will share crime data sets with the public to engage the community in conversations about promoting services to create healthier communities with less crime.  Marking the agency's first public-private partnership for a major project design, L.A. Metro  will begin working with a private company for its multi-billion dollar line connecting the San Fernando Valley to Westside through Sepulveda Pass. Officials launched the partnership model, called a Pre-Development Agreement, in response to the difficulty and expenses of planning the pass through the Santa Monica Mountains. The four alternatives proposed by Metro for the line include three subway lines and one monorail. The private partner will provide some of the funds for the line which could be as costly as $13.8 million. Metro expects to receive proposals by January 2020 and finalize selection by mid-2020.  The California High-Speed Rail Authority, the California State Transportation Agency, and L.A. Metro signed an agreement to commit more than $400 million in Proposition 1A funds toward the Los Angeles Union Station Link project. The project will substantially increase the capacity of Southern California’s biggest multimodal transit hub by allowing trains to enter and exit from the north and south. It will also accommodate future high-speed rail cars. Through the agreement, the agencies will assemble a Steering Committee and create a funding plan in the coming months. After over two decade of obstacles, the proposed 60-acre Ferrari Ranch development in Salinas Valley is closer to construction after a state Supreme Court ruling in the developer’s favor. The proposed plan would create 168 market-rate homes and 17 moderate-income units. To comply with the county’s inclusionary housing ordinance, normally requiring 20 percent of residential units to be affordable for lower to middle income earners – developers will pay $4 million in fees. The county approved the development’s Environmental Impact Report in 2014, but a series of CEQA lawsuits against the county have delayed construction. The state Supreme Court rejected appeals from advocacy groups, and the developer hopes to break ground in the next two years. San Francisco Supervisor Mark Haney proposed researching a car ban in parts of the Tenderloin to avoid more traffic mortalities. The Tenderloin has some of the most fatal streets in the city: just last week a 12-year-old boy was struck by a driver at the same intersection where a pedestrian was struck and killed in March. Additionally, most traffic is “through traffic” from commuters, and not from local residents. Now Haney is proposing a study to choose which Tenderloin streets could become bus, pedestrian, and bike-only. No law has yet been proposed. Rents in Los Angeles and Orange counties are rising at nearly twice the inflation rate, according to last month’s data from the Consumer Price Index. The data shows rental costs were rising at a staggering 5.5 percent rate, the highest in over 12 years – whereas inflation just 3.3 percent. That means that the both regions’ rent is growing 83 percent faster than its broad cost of living. This has been a rapidly accelerating trend of the past two decades: in the 2000s, rents rose 5.1 percent while the CPI was up 3 percent yearly, a more modest 71 percent disparity.  Most salaries are higher in small metro areas after adjusting for the cost of living, according to a recent analysis from Hiring Lab. The organization examined job postings between April 2018 and April 2019 that included salaries, and cost-adjusted for living in the 185 target U.S. metropolitan areas. They found that the highest salaries are clustered around the San Francisco Bay Area, in San Jose. However, the highest adjusted salaries are in Brownsville-Harlingen, Texas, Fort Smith, Arkansas, and other cities in the middle of the country. Additionally, the only two California cities to top the list – Modesto and Visalia-Porterville – are in the Central Valley, far from the pricier coast.

  • CP&DR Vol. 34 No. 9 September 2019

    CP&DR Vol. 34 No. 9 September 2019

  • Newsom Considers Revival of Redevelopment and Anti-Moratorium Bills

    The bill that was, arguably, the most important (successful) land use bill of 2019 had nothing do with land use. Assembly Bill 5 , which cleared the legislature earlier this month and was swiftly signed by Gov. Gavin Newsom, could severely constrain the ride-hailing industry and could upend a great many assumptions that planners and developers have baked into their plans.

  • CP&DR News Briefs September 24, 2019: Federal TOD Legislation; Huntington Beach Sues State; HSR Route into Bay Area; and More

    San Diego Representative Introduces Federal Smart Growth Bill Congressmember Scott Peters introduced a new bipartisan federal bill to increase funding to build homes near transit. The bipartisan Build More Housing Near Transit Act proposes a change in the rating criteria for the Federal Transit Administration’s New Starts Program, which uses Capital Investment Grants to fund transit project. The bill requires housing feasibility assessments near transit stops and prioritizes changing land use policies to accommodate market rate and affordable housing. By supporting building near public transit, the bill aims to both address the national shortage of 7.2 million affordable homes and reducing greenhouse gas emissions from vehicles. Rep. Peters, a centrist Democrat who represents San Diego, Poway, and Coronado, uses the San Diego affordability crisis in San Diego to exemplify the urgency of the measure. The act is endorsed by the American Planning Association, the National Association of Home Builders, Habitat for Humanity, and many others.”The Build More Housing Near Transit Act would ensure that limited federal transit dollars are used not only to finance important transit projects, but also enable additional transit-served housing for more Americans,” said Mike Kingsella, Up for Growth Action Executive Director. “The enhanced criteria for New Starts evaluations proposed by this legislation would mean more homes, using less land, with fewer cars on the road.” Huntington Beach Sues State over Housing Laws — Again  For the fifth time in the past year, the Huntington Beach City Council voted to sue California over two more housing laws, including one that removes charter cities’ ability to opt out of certain housing regulations. California sued the city earlier this year for non-compliance with state housing laws, and Huntington Beach fought back with a series of housing mandate challenges. Now, Huntington Beach is challenging the newly-passed Senate Bill 1333, which bars charter cities from opting out of state housing mandates, as well as the July-approved AB 101, which requires that the attorney general use a court order against cities in violation of housing plan mandates. Huntington Beach claims to be protecting itself from state overreach. “These lawsuits, like the other lawsuits we filed against the state, are about asserting the city’s constituiontally protected charter city authority to zone and plan for housing at the local level,” City Attorney Michael Gates told the Los Angeles Times. High Speed Rail Names Preferred Route into Bay Area  Despite community backlash, the California High-Speed Rail Authority unanimously approved a route to connect the San Joaquin Valley with San Jose. The route, chosen from four alternatives, crosses western Merced County grasslands and tunnels through Pacheco Pass. High-speed trains would share upgraded tracks with Caltrains between San Jose and Gilroy. The state’s analysis found that this alternative displaces the fewest homes and businesses, would have the least impact on waterways and habitats, and would cost tens of billions of dollars less to build than the originally-envisioned elevated-track option. However, communities along the San Francisco Peninsula expressed concerns about switching from elevated tracks to an at-grade railroad crossings. Residents also worried about increasing traffic in an already-busy rail corridor in neighborhoods like San Jose and Gilroy. Many also voiced concerns about the potential effects on the Grassland Environmental Area in San Joaquin Valley. The state will now conduct environmental impact reports for all four alternatives.  Light Rail Extension Meets Surprise Opposition in San Bernardino Co. In a surprise move against a decade-old project, the head of the San Bernardino County Transportation Agency’s head recommended withdrawing commitments to bringing the Gold Line light-rail project to Montclair. At a recent board meeting, SBCTA Executive Director Ray Wolfe came out against bringing the first light-rail to the Inland Empire from L.A. County. He cited the costs of the line – which the Gold Line Construction Authority said amounts to about $546 million total – and recommended siphoning existing funds to smaller projects. Montclair Mayor John Dutrey immediately objected to the statement, and pointed out that SBCTA will not have to pay for that section of the line. Still, the SBTCA is $15 million short of funds for the line’s final leg to Montclair. Additionally, Dutrey said that the cities of San Gabriel Valley, Claremont, Montcliar, and others have been waiting for this line for fifteen years, and have adapted their construction of residential units around expectations of the line. He committed to lobbying the state for more funds. However, the SBCTA is also considering cheaper alternatives to the light-rail project, including the Arrow passenger rail service already under construction from San Bernardino to Redlands. A staff report of all alternatives will be drawn up and brought to the SBCTA’s Transit Committee in October. SANDAG Releases Spending Plan The San Diego Association of Governments released a long-awaited $600 million spending blueprint outlining proposed transportation projects for the next five years. Major projects include mapping out a high-speed rail line between Oceanside, Escondido, and Carlsbad, designing express lanes along state Route 78, stabilizing the Del Mar Bluffs, and adding new Coaster trains. What’s not among key proposals, however, are the highway expansions promised under the 2004 voter-approved Transnet tax hike. Supporters of the plan say that abandoning the expansions are necessary to meet an ambitious new transit vision. But its critics said that voters won’t approve any new tax hikes if the promises of the 2004 measure aren’t fulfilled. Poway Mayor Steve Vaus proposed to amend the plan by nixing the new Coaster trains in favor of expanding routes 78, 52, and 67. The board is scheduled to vote on approval of the funding blueprint on September 27. It’s still unclear whether the vote will require a majority or a two-thirds vote to pass. (See prior CP&DR coverage .) Quick Hits & Updates  The California Air Resources Board (CARB) updated its Sustainable Communities Strategy evaluation guidelines. The update responded to target updates adopted by the Board in 2018, to better assess CARB’s regional targets for greenhouse gas emissions under SB 375. The September update includes a draft SCS Program Guidelines and Evaluation Report, open to public comment until October 3. (See prior CP&DR coverage .) To engage partners for the development of a bold new transportation vision, the San Diego Association of Governments (SANDAG) launched its new "Vision Lab." The Lab will be a collaborative space for agency staff, elected officials, working groups, and industry leaders to design the fully integrated regional transportation system. SANDAG’s 2021 Regional Plan will include a “5 Big Moves” transportation scheme that covers complete corridors, transit leap, mobility hubs, flexible fleets, and the next operating system. To support development of the 2021 Regional Plan, SANDAG established a Vision Advisory Panel to help make use of new technologies to reduce commute times and build a usable and efficient system.  Plans for a campus expansion at UC San Diego will come true three years earlier than expected, after the university raised a record $2 billion in private donations. In 2012, the campus launched a massive capital campaign to achieve its vision of a more vibrant experience for its 40,000 students – and gave itself a decade to come up with the funds. Expansion plans include a new campus entryway, a Target, a Whole Foods, as well as new research and medical centers. Following a multimillion-dollar property tax assessment break granted to the San Francisco Giants’ Oracle Park, San Francisco assessor Carmen Chu is suing both the baseball team and the city’s Assessment Appeals Board. Chu assessed the 42,000-seat stadium, on land leased from the Port of San Francisco, at $415 million for 2015, $421 million for 2016, and $430 million for 2017. However, the team believes the stadium is worth just $298 billion, down $9 million compared to 2015. And, though the Assessment Appeals Board agreed that the stadium has increased in value, it estimated lower values than Chu did – so she filed a lawsuit in the San Francisco Superior Court. In a bid to lower Westwood Village’s 20 percent business vacancy rate, a Los Angeles City Council committee approved drafting amendments to the Westwood Village Specific Plan. The Plan, which hasn’t changed meaningfully since 1989, has faced criticism for prioritizing commuters who drive to the Village over students and local residents. Major amendments include eliminating the limit on fast food restaurants and easing parking requirements for retail spaces. (See prior CP&DR coverage .) San Diego Mayor Kevin Falcouner vetoed a proposal to require housing developers to build more low-income units. The veto came just hours after the City Council voted, 5-4, to approve the same proposal. Supporters of the requirements say that the policy will help the city confront its housing and homelessness crises. Opponents called the requirements a “tax on builders” that could worsen the housing crisis by making new housing projects potentially unfeasible – and the mayor agreed. Votes from six council members are required to override a mayoral veto, so one of the opposing council members would have to change the vote for the regulations to take effect. Short-term vacation rentals in Santa Monica will continue to be restricted after the Ninth Circuit Court of Appeals declined an appeal from Airbnb and Homeaway . In March, Santa Monica passed an ordinance limiting short-term vacation rentals. In response, the two companies filed a lawsuit against the city claiming that the ordinance violated the Communications Decency Act and the First Amendment. The court rejected their argument in March, and denied their appeal last week. The Marina Coast Water District sued Monterey County and California American Water over the county’s approval of Cal Am’s desalination plant permit. The district claims that by approving the permit, county officials violated the California Environmental Quality Act, water code, and planning and zoning law. The agreement allows the company to pump 16 million gallons of Salinas Valley groundwater per day to the plant. In a bid to mitigate the local affordable housing crisis with backyard homes, San Jose Mayor Sam Liccardo announced plans to ease the permitting process for accessory dwelling units. ADUs are increasing in popularity: city officials said they processed about 40 applications for ADU permits in all of 2016, and now they process an average of 40 permits per week. The city hopes to increase these numbers further with the streamlined process, including a newly-dubbed weekly “ADU Tuesday,” on which residents can get express appointments for approvals within 90 minutes. The city is also launching an online ADU portal that qualifies homeowners’ properties and allows them to begin the permitting process. The BART Board of Directors approved moving to a new $227 million headquarters in Downtown Oakland before their current lease expires in 2021. BART officials touted the new building as a long-term cost save to avoid the 60 percent rent rise after the lease expires at the current Kaiser complex location. But BART Board Director Debora Allen said that not all options had been considered – including negotiating a new five-year lease, constructing a new complex on an existing BART-occupied property, or looking for a less expensive area for relocation. The agency will release sales tax revenue bonds to pay for the new building. The San Diego Association of Governments (SANDAG) voted to maintain the city of Coronodo’s new 2,000 percent housing quota increase. SANDAG was examining the county’s Regional Housing Needs Assessment (RHNA) plan, as passed down from the state. The state's RHNA handed Coronado an increase from 60 to 1,001 new units in their goal for Cycle Six. Coronado pleaded for a smaller goal, arguing that 71 percent of their land is owned by the Navy, the Port, and California Parks and Recreation – none of which can be developed. But SANDAG maintained the state mandate to increase their housing stock by 10 percent before 2029. (See prior CP&DR coverage .) A San Francisco Superior Court judge declined to block construction of a homeless navigation center on the Embarcadero , denying residents’ claims of “irreparable damage". The residents’ group, Safe Embarcadero for All, asked for a temporary restraining order to stall construction of the 200-bed shelter. The group cited an August incident where a man attacked a resident near the forthcoming shelter However, the judge ruled that the construction itself causes no harm, since the supposed neighborhood damage would only arise once the shelter is occupied. The California Department of Housing and Community Development announced that 14 California cities have received a total of $3.15 million in SB 2 planning grants. SB 2, or the Building Homes and Jobs Act, was passed in 2017 to establish a $75 recording fee on certain real estate documents to be used for planning grants in its first year, and for affordable homes in subsequent years. The planning grants can be used for updating local planning documents, updating zoning ordinances, conducting environmental analyses or for local improvements to expedite local planning and permitting.

  • Drug Recovery Residences Subject to Zoning

    A set of three homes in Dana Point do not operate as a sober living facility but rather as an unlicensed addiction treatment center and therefore can be prohibited under the city’s municipal code, an appellate court has ruled.

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