Category Archives: CEQA

Tensions rise between Newsom, mayors over homelessness

By Emily Hoeven : calmatters – excerpt

As voters cast ballots in the last few days leading up to California’s Nov. 8 election, who will they blame for the state’s persistent housing and homelessness crises?

Gov. Gavin Newsom’s surprise Thursday announcement — that he’s withholding $1 billion in state homelessness funding until local governments and service providers come up with more ambitious plans to reduce the number of people living on the streets — seems to serve as an implicit reminder to Californians that he isn’t the only one responsible for the state’s ballooning homeless population, which grew by at least 22,500 during the pandemic.

Newsom said the local plans would reduce street homelessness by just 2% statewide by 2024 — a figure that is “simply unacceptable.” He also slammed some regions for estimating their homeless populations would grow by double digits in four years, and said he plans to meet with local leaders in mid-November to review the state’s approach to homelessness and identify more effective strategies…

Having heard the hint loud and clear, many of the mayors of California’s largest cities are pushing back:

  • San Jose Mayor Sam Liccardo told CalMatters housing reporter Manuela Tobias: “We need to put down the megaphones and pick up the shovels. … Let’s bring all the solutions in, but it’s not going to happen at a photo op. It’s not going to happen with 90 people in a room. You’ve got to have a lot of conversations with technocratic experts at the table, to try and understand exactly how you can get it done. That’s much harder work.”
  • San Francisco Mayor London Breed told Politico: Newsom is “creating more hoops for local governments to jump through without any clear explanation of what’s required.”
  • Oakland Mayor Libby Schaaf told the San Francisco Chronicle: I’m “perplexed how delaying (these) funds advances our shared goals.”

The mayors also argued that their ability to address homelessness is constrained by a lack of ongoing state funding. Some have been calling on the state for years to create a multibillion-dollar permanent funding stream for homelessness, and have thrown their support behind Proposition 27 — a ballot measure that would legalize online sports betting and direct a sizable portion of tax revenue to homelessness and mental health services — for that reason. Newsom announced last week that he opposes Prop. 27…

But the state may first have to deal with a recent Superior Court decision that found state housing laws don’t apply to projects until after local agencies complete their environmental reviews under CEQA. This could allow a city to keep postponing its CEQA reviews and thus “impose an unreviewable death by delay on almost any housing project it wants to kill,” UC Davis law professor Chris Elmendorf argued in a Wednesday column in the San Francisco Chronicle..…(more)

CEQA gets taken out of play in several ways:

How California plays the Environmental Quality Act (CEQA)

1. First, there are a lot of things that are just not subject to CEQA.
2. Second, regulation and case law has taken out a lot of things.
3. Third, if no one objects, and takes the dispute to court — which
takes a lot of money — then the moving agency can get away with just about anything.
4. Even if there is a huge negative impact, if the moving agency has
properly described everything in the EIR and checked off all the right boxes, it is OK — all the moving agency has to do is a finding of
overriding considerations (as in, in our opinion, the good will outweigh the unmitigated bad, which is almost impossible to challenge), everything is OK.
5. Then, if the moving agency has enough juice in Sacramento, it can just get the Legislature to allow the project to proceed without any CEQA review – for example, the Sacramento basketball area for the Kings, which has become pretty common and keeps being expanded.

Remember, it is almost impossible to stop a project using CEQA.  Generally, the worst that can happen is that the project gets delayed while the EIR is revised — so, a very common situation is that someone who wants something files a claim in order to get some kind of settlement or agreement.  When there is a “victory” for the opponents, it is most commonly because the proponents were embarrassed to admit how bad the project was, so they made
the EIR look too much like a promotional brochure.  Bad mistake — if you actually say what will go on, then the opponents don’t have any legal leverage at all.

Tom Rubin

Quite a few cases are lost by marketing campaigns, some true and some false. Messages to investors are not for public consumption.

New State Amendment Announced

A ballot measure to STOP Sacramento Centralized zoning like SB9, SB10 and AB1401.  By Californians, for Californians is

Actively looking for donors, supporters and volunteers.
Read all about it.
https://www.communitiesforchoice.org/

The Community Choice Initiative will amend the State Constitution to make zoning and land-use municipal affairs, and bring a halt to the centralized land-use and zoning coming out of Sacramento. One size does not fit all.

We are working hard to appear on the Nov. 7th, 2022 ballot by submitting the initiative to the State Attorney General for title and summary, and gathering the required signatures from registered voters to appear on the ballot. This is a grassroots effort by regular residents like yourself to make this happen and we need your help…(more)

Summary Text

 

The West’s Water Restriction Nightmare Is Just Beginning

By Dharma Noor : applenews – excerpt

Oakley, Utah placed a moratorium on any new construction projects that would tap into the city’s water system.

A small city in Utah is taking an unprecedented step to adapt to megadrought conditions in the West: halting any new construction projects that would tap into the local water. It’s the first municipal ordinance of its kind.

Last month, officials from Oakley, Utah—a city of 1,500—finalized a moratorium on new development extending through November. The ordinance prohibits the “erection, construction, re-construction or alteration of any structure” that needs new water connections.

“The city is concerned that the current drought conditions will result in critical water shortages and require further drastic curtailment measures that would be detrimental to the entire city and cause significant public harm,” it says…

Oakley is hardly alone, though. The West’s water resources have come under increasing pressure from rising temperatures tied to the climate crisis…(more)

Redding Costco opponents taking fight to court

By David Benda, Redding Searchlight redding. – excerpt

Corrections & Clarification: The Bonnyview Bechelli Coalition is the group challenging the city’s approval of the Costco project. This story has been updated to reflect that.

Costco Warehouse’s controversial plan to relocate its store in Redding is facing another obstacle.

Opponents have notified the city they are moving forward with a lawsuit to challenge the project’s approval under the California Environmental Quality Act. The notice of commencement of action was filed Tuesday in Shasta County Superior Court…

Mark Wolfe, a San Francisco land-use attorney, is representing the Bonnyview Bechelli Coalition in the lawsuit. Wolfe didn’t immediately return a phone message seeking comment…

Wolfe also represents the Pleasanton Citizens for Responsible Growth. That group for the second time sued the city of Pleasanton in March, a month after the city council unanimously approved a new Costco near Interstate 680, according to news reports…

RELATED LINKS:

https://www.protectceqa.org/ 
http://www.mrwolfeassociates.com/firm.html  
https://www.facebook.com/protectceqa/ 
https://www.facebook.com/nocostcoonbechelli/posts/the-bonnyview-bechelli-coalition-needs-your-help-the-proposed-river-crossing-mar/827128224292821/