Category Archives: Planning

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

page link

Letter to the editor: Yes, a taxpayer can sue over the state’s housing laws

By Tim Redmond : 48hills – excerpt

Retired real estate lawyer weighs in on state law.

I love letters to the editor. Here’s one from someone who actually knows the answer to a question I raised:

In “Peskin, Chan want to know if SF can sue the state over impossible housing rules,” Tim Redmond asks, “Could a San Francisco citizen, or organization [as distinguished from San Francisco itself], sue? ‘That,’ said Peskin, ‘is a very good question.’”

The answer is that any citizen who has paid taxes to the state can sue the state (or an agency thereof) to restrain illegal, injurious, or wasteful expenditures under section 526a of the Code of Civil Procedure. Any such lawsuit needs to be brought in state court because federal courts have strict standing requirements…

The portion of SB 423 singling out San Francisco is illegal because it violates the California Constitution, Article IV, Section 16(b): “A local or special statute is invalid in any case if a general statute can be made applicable.” A taxpayer action could seek a declaration that this portion of SB 423 is an invalid special statute. Notably, there isn’t even language in the bill, as there is in other special statutes, purporting to justify it as addressing a problem unique to San Francisco.

A taxpayer action could also seek a broader declaration that the state housing laws do not take precedence over San Francisco zoning laws, because as a charter city, San Francisco has a right to home rule protected by the California Constitution. This power includes zoning. A conflicting state law, even on a matter of statewide concern, only prevails over home rule if the law is reasonably related to resolution of a matter of statewide concern and narrowly tailored to avoid unnecessary interference in local governance.

The state housing laws fail this test for numerous reasons. Studies by the Terner Center show the laws have failed to achieve their goals and scholars have described them as “ad hoc and not model based.”

Nick Waranoff

Nick Waranoff is a retired real estate lawyer.

Can Bay Area Political Leaders Solve Climate Change?

By Marc Joffe : cato – excerpt

Passing laws, adopting regulations, and spending money to fight climate change are popular activities for both elected and unelected officials in the San Francisco Bay Area. But since they only govern 2.3 percent of the U.S. population, their ability to turn the tide on greenhouse gas emissions is limited. Instead, their costly and coercive policies drive up the area’s cost of living and help drive out residents.

In a previous post I described some of the high cost, low ridership Bay Area transit projects that raise local sales taxes while replacing only a handful of car trips. Since I last wrote, we have learned that San Francisco’s new $2,000,000,000 Central Subway is afflicted by serious water intrusion issues, making the travel experience less appealing for the roughly 1,000 passengers that use the Chinatown station each day.

More recently, local lawmakers have declared war on natural gas, an energy source that used to be popular with some environmentalists because it burns more cleanly than other fossil fuels. But now the intention is to fully embrace electricity even though California is unwilling to add nuclear generating capacity and lacks the enormous number of solar panels and windmills needed to fully power the state…(more)

Newsom signs executive order, proposes reforms to environmental law known as CEQA

By Fox 40 News : youtube – excerpt (includes video)

The executive order will create a team that will identify environmental, infrastructure and transit projects held up by the strict law known as CEQA. The governor also proposed making adjustments to this law through the legislative process…(more)

RELATED:

Governor Newsom Unveils New Proposals to Build California’s Clean Future, Faster