Category Archives: CEQA

CEQA, Politics, Transportation

The new road rage: ‘Disrespect’ to drivers fuels an angry political movement

By Han Lee : sfstandard – excerpt

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State assembly candidate Manuel Noris-Barrera was among a number of candidates who spoke in opposition to the initiative before joining the car parade to protest the ballot measure proposed by Supervisors Joel Engardio, that would permanently close the Great Highway to cars. The event was organized by the Chinese Community that has been overwhelmed by street project and parking restrictions all over the city

It was a chilly, windy Thursday morning — good weather for getting mad. Denise Selleck drove to a parking lot near Ocean Beach to meet up with other motorists who had gathered to fume before forming a protest caravan that would take over the Great Highway.

Selleck was one of dozens of protesters opposing the potential permanent closure of the Great Highway and its transformation into a park. Located on the west end of the Outer Sunset, the coastal road is open to cars during weekdays and closed on weekends.

“I’ve never felt as dismissed and disrespected as I did,” Selleck, a 67-year-old retired teacher at City College, told The Standard. She said keeping the Great Highway open to cars is safer than rerouting them to other roads in the Sunset. ..(more)

RELATED:

Seven-story building on the Great Highway to house homeless people. Neighbors are pissed

Chinatown merchants say parking restrictions hurt businesses.

Chinatown leaders say bike-lane idea ‘blindsided’ them

Voters feel that SFMTA and Rec and Park projects that re-direct traffic are  largely to blame for SFMTA’s financial woes. Everything they do to diminish traffic on major thorough-fares creates a need to spend more money on mitigations on the side streets that would be not be necessary if SFMTA just managed MUNI instead of working to remove cars.

As the streets become more difficult to navigate residents and businesses leave. The destroy to “build back better” theme has lost whatever luster it once had. City Hall needs to stop the destruction and maintain what is left for those who are still here.

The Chinese community leaders and merchants have so far taken a lead in the fight to keep the Great Highway open. They have been  battling for parking in Chinatown. And now they are being threatened by bike lanes.

We expect many more to follow if Engardio does not withdraw his ballot initiative.

CEQA, Housing, Politics

The Appeal on AB 9

By Ella Morner-Ritt and Alexandra Friedman : cp-dr – excerpt

CP&DR News Briefs: https://cp-dr.com/articles/cpdr-news-briefs-july-16-2024

CP&DR News Briefs July 16, 2024: AB 9 Appeal; Land Use Ballot Propositions; SB 423 Streamlining; and More

By Ella Morner-Ritt and Alexandra Friedman

July 16, 2024

Bonta Appeals Ruling Exempting Charter Cities from SB 9
Attorney General Rob Bonta is appealing a Superior Court decision that halted the enforcement of Senate Bill 9 in charter cities. SB 9 took effect in 2023, allowing subdivision of parcels traditionally zoned for single-family homes into configurations accommodating duplexes and fourplexes. The law faced opposition five charter cities asserting it improperly overrides local zoning in charter cities, though supporters argue it’s crucial for addressing the statewide housing crisis. Del Mar, along with four Los Angeles County cities, challenged SB 9 in court, contending it violates the state constitution by not effectively promoting affordable housing without interfering excessively with local government. The judge’s ruling sided with this argument on April 22, prompting Bonta’s appeal, aiming to clarify the law’s applicability across all of California’s charter cities. Bonta emphasized SB 9’s constitutionality and its role in enhancing housing availability and affordability statewide, highlighting ongoing efforts to defend legislative housing initiatives in court. “We firmly believe that SB 9 is constitutional as to every city in the state,” said Bonta, in a statement. “As the California Second District Court of Appeal recently held, ensuring housing availability and affordability in California is a matter of statewide importance.”

November Statewide Ballot to Feature Four Land Use Propositions
California voters will face four statewide ballot propositions related to land use this November, covering issues from infrastructure funding to rent control. The ballot will feature ten propositions in total. Proposition 2 proposes a $10 billion bond primarily allocated for school construction and upgrades. Proposition 4 proposes a $10 billion bond to fund climate and environmental projects, aiming to mitigate impacts of climate change and bolster water and wildfire defenses. Proposition 5 seeks to ease voter approval requirements for local housing and infrastructure bonds to encourage borrowing for low-income and affordable housing projects. Proposition 33 proposes granting local governments authority to enforce rent control measures; it’s the latest in a string of thus-far unsuccessful rent control measures sponsored by Los Angeles-based AIDS Healthcare Foundation. AB1657 — which proposed issuing $10 billion in general obligation bonds to fund affordable rental housing programs for lower-income families, supportive housing for the homeless and other critical housing initiatives — will not appear on the ballot; concerned about the state’s borrowing capacity, the legislature opted instead for Proposition 2, a $10 billion school facilities bond measure… (more)

CEQA, deregulated housing bills, Housing, Politics

OPINION: What the Judges and the LA Times Got Wrong About The Venice Median Project (and Why it Ain’t Over Till it’s Over)

Opinion By Charles Rosin : westsidecurrent – excerpt (includes audio)

VENICE – We seriously doubt whether the Op-Ed writers who penned last week’s editorial for the ideologically-driven LA Times praising Judge Richard Fruin’s dispiriting dismissal of our CEQA case have ever opted to spend a lazy Sunday afternoon in summer exploring what a recent poll in Travel and Leisure described as ‘America’s Favorite Beach.’

How else can you explain the Op-Ed writers’ description of our area’s last parcel of open space– a large, 2.65-acre, parking lot designed to accommodate carloads of working-class families from Inglewood, DTLA, and other land-locked enclaves who flock to Venice Beach to make memories and find relief from the swelter– as “one of those rare open swaths of land that city officials dream of using for homeless and affordable-housing”.

Really? That’s what these people dream about? No vicarious images of little kids at the shore with a shovel and pail? Or proud grandparents pushing strollers down Ocean Front Walk? Or couples unloading their canoe for a romantic paddle down the Linnie Canal?

It makes us wonder if any of these city officials ever wake up in the middle of the night from a recurring nightmare; tracking what could happen when you build a massive (and massively expensive) 140-unit “affordable” housing project, on an environmentally-fraught juncture on The Venice Median, one half-block from the beach, predicted by the EPA to be particularly vulnerable to sea-level rise?

And while dreaming, do the city officials who enabled this project ever get swamped by visions of coastal flooding impacting their newly constructed Venice-Dell Community? (Ironically, designed as a fortress to be cut off from its surrounding communities which would provide “shelter from the storm”). …

And since The Times insists affordable housing is “desperately needed” in our part of town, how about assigning one of the few real reporters left on its staff to delve into how 1200 units of taxpayer-funded projects can sit empty in a city that is ostensibly “all-hands-on-deck”, as first reported in a stunning bit of investigative journalism provided by Chris LeGras and Jamie Page for the Westside Current…

As with its previous editorials, what passes these days as the Times’s Braintrust opted to give Venice Community Housing’s Executive Director, Becky Dennison, free-reign expressing her frustration with City-Attorney Hydee Soto Feldstein’s decision to halt all work on the project by the city’s Department of Transportation and its Bureau of Engineering until the two law suits we filed on behalf of The Coalition for Safe Coastal Development had been resolved, or settled in mediation…

Mayor Bass does not deserve to be attacked, but praised for her tireless commitment to work with numerous City Council Members, to reduce encampments on our streets, parks, and public spaces while transitioning the willing into shelters and other arrangements.

We here at Safe Coastal also have great admiration for Mayor Bass’s role as a prime supporter of a new and improved replacement to the state’s soon-to-expire and problematic CEQA exemption. AB785, which the Governor signed into law in 2023, includes many of the exemptions housing advocates want, while excluding construction within a mapped FEMA 100-year flood zone. (**)…(more)

 

 

 

CEQA, deregulated housing bills, Politics

California Coastal Commission responds to report it worsens housing crisis: ‘Disgraceful’

By Jenavieve Hatch, themodesto : yahoo – excerpt

The California Coastal Commission Thursday said a soon-to-be-published report alleging it has worsened the affordable housing crisis has “profoundly dishonest and offensive” claims.

Circulate San Diego, a Southern California think thank, asserts in a study to be published Friday that the commission has worsened the affordable housing crisis, and “has made the coast the least accessible part of California.”

The findings were published in Thursday’s Bee, and later in the day, the commission fired back.

“This disgraceful excuse for a report intentionally distorts and misrepresents actions taken by the Coastal Commission,” said Coastal Commission Chair Caryl Hart in a statement to The Bee.

“It even goes so far as to say the commission is manipulating the law to promote racial segregation in the Coastal Zone, which is profoundly dishonest and offensive.”

The report, which The Bee has reviewed, cited research showing that the Coastal Zone is twice as white as the rest of California.

“The report is clearly a developer-backed hit piece masquerading as an academic endeavor,” said Hart…(more)

If this isn’t enough to get your blood boiling I don’t know what is. The State of California has declared war on the pacific Coast. What are we going to do about it? Ready to fight back against these accusations. Read the below article and see why the only way to deal with these lies is to support the ourneighborhoodvoices initiative, and replace the representatives in California who are selling our state.

RELATED:
Report accuses California Coastal Commission of adding to racially segregated housing…   A Southern California-based think tank, Circulate San Diego, published a report this Thursday morning that highlights the need for reform at the California Coastal Commission…(more)

 

 

CEQA, Housing

SDC Specific Plan set aside by Superior Court for CEQA violations

By Sonoma Sun : sonomasun – excerpt

At the close of a court hearing on April 26, Sonoma County Superior Court Judge Bradford DeMeo ordered that the SDC Specific Plan and EIR approvals be set aside.

In a Press Release, Local environmental groups Sonoma County Tomorrow and Sonoma Community Advocates for a Liveable Environment (SCALE), a coalition of Sonoma Mountain Preservation, Eldridge for All, the Glen Ellen Historical Society, and the Valley of the Moon Alliance, announced they have prevailed in their lawsuit challenging approvals of the Sonoma Developmental Center (SDC) Specific Plan and the related Environmental Impact Report (EIR) process…

The Court also addressed the lawsuit’s overarching challenge to the Plan regarding its questionable “self-mitigation” approach, ruling that “purported mitigation measures in the Plan are, as a whole, ineffective, vague, and devoid of any semblance of performance standards in violation of CEQA.”…(more)

CEQA, Housing, Planning, Politics

Court Declares Senate Bill 9 Unconstitutional For Charter Cities

From Awattorneys via email:

Aleshire & Wynder, LLP Secures A Legal Win for Restoring Local Control on Housing: Court Rules In Favor of Five California Charter Cities Declaring Senate Bill 9 Unconstitutional

On April 22, 2024 at 11:00 AM, the Honorable Curtis A. Kin in Department 86 of the Los Angeles Superior Court issued a ruling granting a Petition for Writ of Mandate challenging the constitutionality of Senate Bill 9, as applied to charter cities. Senate Bill 9 requires all California cities to ministerially approve an application for a lot split, and up to four total housing units, on a single family residential lot that meets certain specified criteria.

Five charter cities – Carson, Redondo Beach, Torrance, Del Mar, and Whitter – initiated a lawsuit in early 2022 against the State of California claiming that Senate Bill 9 is unconstitutional and invalid against charter cities. The League of California Cities and the City of Cerritos filed respective amicus briefs in the Trial Court in support of the Charter cities’ position. After extensive briefing and two hearings in Department 86, the Court ruled in favor of the five charter cities. In this litigation, the charter cities are represented by Managing Partner Sunny Soltani, Equity Partner Pam Lee, Partner Michelle Villarreal, and Associate Shukan Patel of Aleshire & Wynder, LLP along with Michael Webb from the Redondo Beach City Attorney’s office

For further information on what this ruling means or how your city can benefit from this decision, please contact Pam Lee at plee or visit awattorneys.com… (more)

And OurNeighborhoodVoices.com

CEQA, Housing, Politics

Judge Pretty Much Shoots Down YIMBY Lawsuit Against SF Over Rejected High-Rise at Nordstrom Parking Lot

By Joe Kukura : sfist – excerpt

A year after the Board of Supervisors forced a proposed 27-story residential tower back to the drawing board, a YIMBY lawsuit against the city has also been forced back to the drawing board, with most of its charges tossed out.

Last Wednesday was the one-year anniversary of a somewhat notorious San Francisco Board of Supervisors vote in favor of an an appeal that denied plans for a 27-story residential high-rise at 469 Stevenson Street (at Sixth Street) in what is currently just a Nordstrom’s parking lot. So on the anniversary, there was a rally at City Hall (complete with gravestones commemorating the development), which the SF Standard described as “Happy One-Year Anniversary to SF’s Peak NIMBY Moment.” But this was not an organic protest, it was more of a campaign stunt handled by the Yes on Prop D campaign.

But also last week, something far more significant happened with the fate of that particular project. The pro-development group SF YIMBY brought a lawsuit against the city in January over the denial, arguing the denial violated that state’s California Environmental Quality Act (CEQA) and the Housing Accountability Act (HAA). But last week, it was revealed as reported by the San Francisco Business Times that a San Francisco Superior Court judge pretty much threw out the entire lawsuit.

The Business Times sums up the decision by saying “None of the laws referenced by SF YIMBY, including the HAA and Senate Bill 330, which also seeks to streamline housing development, can apply to the Stevenson project until it completes adequate environmental review under CEQA, the judge wrote.”…

It’s important to remember the supervisors did not “kill” the project, they merely sent it back asking for a better seismic plan. And we should recall this was just four months after Miami’s Surfside condominium collapse that killed 98 people. The developer Build Inc is indeed working on another plan for the property, with seismic upgrades, and it may or may not get appealed again to the board…(more)

CEQA, Housing, Politics

The Yimbys think they rule—but there are some serious signs to the contrary

By Zelda Bronstein : 48hills – excerpt

The case against the case against “The Case Against Yimbyism.”

Are the wheels starting to come off the Yimby bandwagon?

The question may seem absurd. Last December, Yimbys took over the Bay Chapter of the Sierra Club, which for the first time endorsed CEQA-hating Scott Wiener. In late February, Yimbys closed out their 2024 annual conference, an event that attracted 600 “red” and “blue” attendees and garnered coverage hailing the movement’s growing bipartisan support.

The Biden administration’s 2024 Economic Report of the President, released on March 24, claims that “zoning reform” will increase the supply of affordable housing and cites as a model, among other examples, California’s RHNA process. Meanwhile, the Yimby mystique continues to enthrall the California Legislature, as indicated by the Terner Center’s survey of current “pro-housing” bills, whose targets include development impact fees and environmental protections for the California coast…

Arizona Governor Katie Hobbs (Dem) vetoes a major Yimby bill…According to Hobbs’ office, the Department of Defense and the Professional Fire Fighters Association of Arizona asked her to veto the bill. “These groups,” wrote Barchenger, “cited concerns about development in noisy or ‘accident potential zones’ near Arizona’s military installations, and difficulty in responding to emergencies if density is increased, respectively.”…

The New Republic publishes an attack on Yimbyism… Moreover, “[Yimbys] are…explicit that deregulation won’t help those at the bottom of the market.”…

“Social” housing with profitability…Contra Friedrich, Resnikoff maintains that “Yimbys support a mix of [market and non-market policies.” For example, California Yimby “has sponsored social housing legislation,” specifically Alex Lee’s failed 2022 bill AB 2053…

But the real thrust of AB 2053, as Calvin Welch has explained, was to create a state agency, the California Housing Authority, “able to overrule or ignore local housing policy and issue debt for new housing construction.” As stated in the bill, the agency’s “core mission” was “to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets and to preserve affordable housing.”…(more)

This is only a taste of what the article covers. Please read the entire article and spread the message far and wide that the grass is not greener in San Francisco and we are not beating to a WIMBY drum. The results of gentrification and densification have lead San Francisco into debt, not glory. Our future lies in a strong pivot back to our strong historic neighborhood roots. We must save what is left of the heart and soul of San Francisco. As President Peskin said, “We do not have to destroy San Francisco to save it.” Fortunately many of our mayoral candidates agree with that sentiment.

CEQA, Housing, Planning

Wiener and Alvarez attack the Pacific Coastline

Petition to stop SB 951: There is a bill in the State Senate, SB 951, authorized by Scott Wiener, sponsored by Mayor Breed, to streamline housing development near Ocean Beach by slicing off a piece of San Francisco from the jurisdiction of the California Coastal Commission (CCC). Critics say that, at best, it pushes a solution looking for a problem and, at worst, it benefits developers and the real estate sector, and it  sets a bad precedent that could undermine future environmental protections that have been in place for about 50 years. Petition to stop SB 951:  Share the link!
https://actionnetwork.org/petitions/no-on-sb-951-keep-california-coastline-open-and-accessible-2

THE SAN FRANCISCO BOARD OF SUPERVISORS AND THE CALIFORNIA COASTAL COMMISSION TAKE IMMEDIATE ACTIONS TO STOP THIS ATTACK!

Please let everyone know about this.

Senator Scott Wiener is also going after the California Coastal Commission’s  jurisdiction over what is left of a small strip of San Francisco’s Pacific coastline with another gem, SB 951.  Mayor Breed is a sponsor of this bill.  The Coastal Commission and the San Francisco Board of Supervisors took immediate action to stop the bill that many feel threatens the entire Pacific Coast with unlimited development by Passing Peskin’s Resolution # 240065 opposing SB 951 – Opposing California State Senate Bill No. 951 (Wiener) Unless Amended and Expressing Support for the California Coastal Act and Recognizing the Authority of the California Coastal Commission.

Please support the opposition to this bill. SB951 is scheduled for a hearing on April 9 in the Senate Natural Resources  and Water Committee.  Letters need to be submitted to the committee by 5:00 p.m. on Thursday, March 28.

SIGN THE PETITION TO STOP SB 951 AND ALL BILLS THAT PROTECT OUR CALIFORNIA COASTLINE! CON SIDER WHICH MAYORAL CANDIDATE WILL SUPPORT THIS RESOLUITON!

Assemblymember Alvarez of San Diego has extended the threat of development to the entire Coast of California with AB 2560. Senator Wiener, SPUR and the Bay Area Council are sponsors of this bill. 

AND: We now have SB 1037 – the “Make the NIMBYS pay Act!” 
and Planning and Zoning: housing element: enforcement.
Another Scott Wiener Bill as if we need another reason to boot him out of office. As if we needed another one! Calmatters explains it here:
https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1037?slug=CA_202320240SB1037

Another site that is fighting the anti-car bills: https://ww2.motorists.org/ca/

Lawmakers also took on affordable housing. CalMatters housing reporter Ben Christopher writes that Attorney General Rob Bonta and San Francisco Sen. Scott Wiener, both Democrats, rolled out a new bill Wednesday that would put the financial squeeze on cities found by a court to have violated state housing law.

Supporters might call it the “Make NIMBYs Pay” Act.

Sponsored by Bonta’s office and introduced by Wiener, the bill would require courts to slap scofflaw cities with a minimum fine of $10,000 per month. The cities would begin racking up legal debt starting on the day they stop following the law.

Currently courts can only start tacking on monetary penalties after giving cities at least 60 days to come into compliance. Wiener, on social media: “Cities thus have no incentive to avoid a lawsuit by following the law. Worst case, they get sued, lose & comply. SB 1037 creates actual incentives to comply with the law.”

All About Senator Weiner: https://digitaldemocracy.calmatters.org/legislators/scott-wiener-100936

 

CEQA, Housing, Planning, Politics

SENATOR WIENER ATTACKS SF

For some reason, State Senator Scott Wiener has chosen to go after his constituents in a way that is somewhat astonishing. Does he believe that we are masochists and appreciate being punished or is he so sure that he can win by buying the loyalty of deep pockets who can convince the voters that he is on their side?

In 2023  Senator Wiener started to write legislation targeted directly at  San Francisco: In a last-minute amendment to SB 423 Scott injected annual reviews of San Francisco’s progress on housing—making it the only jurisdiction in the state receiving elevated scrutiny. All others have four year reviews.  See article in SF Standard about SB 423. 

In 2024 Scott is continuing to attack San Francisco:   He introduced SB1227 to exempt downtown projects from the California Environmental Quality Act, or CEQA, for a decade. The 1970 landmark law requires studies of a project’s expected impact on air, water, noise and other areas.  Wiener’s excuse is that the city has used CEQA to slow down or kill infill development near public transit  and that no environment  damage can be done to a concrete jungle.  See article in SF Standard about SB 1227

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