Today, San Diego city council voted unanimously to adopt totally inadequate housing element amendments, "complying on paper," belatedly, w/@California_HCD's demands. @andy_keatts reports.

HCD has the next move. This thread explains their options. 1/10

voiceofsandiego.org/topics/governm…
HCD could...

1) Cave (find the amendments adequate)

2) Find city out of compliance

3) Fudge it (commend city for progress, ask for further analysis, and meanwhile leave SD on list of "conditionally compliant" cities). 2/10
The legal case for HCD to find San Diego noncompliant is strong. The city's "finding" that the nonvacant sites it put forth are likely to be redeveloped is a joke, totally lacking in evidentiary support, 3/10

...and the city's AFFH program has no timeline for implementation, contrary to HCD's guidance. 4/10
On flipside, San Diego was first major city to go through the process in under new statutory regime; the city has a new prohousing mayor; HCD's guidance hasn't been real clear; and Gov is facing recall...

All of which pushes toward caving or fudging. 5/10
Is there a way to fudge that wouldn't be a total loss? I'm not sure. But here are some options that might be worth considering. HCD could make its certification of city's plan conditional on the city... 6/10
* Auditing a random sample of sites in inventory, and recalculating claimed capacity of inventory based on proportion that will plausibly be developed over the 8-yr planning period 7/10
* Adopting the promised AFFH legislative package w/in 3 years, the normal timeline for rezoning required by a housing element 8/10
* Conducting a mid-cycle review of capacity of inventory sites, w/ analysis based on actual rate of sites' redevelopment during first half of planning period, not fictional "finding" that all sites the city labels developable are likely to be developed soon 9/10
If @California_HCD just rolls over, putting stamp of approval on city's status-quo plan, San Diego will be Exhibit A for @ezraklein's thesis about California.

"We do the 'affirming' in affirmatively furthering fair housing. The rest, not so much." /end

nytimes.com/2021/02/11/opi…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Chris Elmendorf

Chris Elmendorf Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @CSElmendorf

9 Jun
@California_HCD's draft Prohousing Policy regs are out for public comment!

They're emergency regs, so comment period is very short. If you have feedback, send it in NOW.

This thread provides a quick summary. /1

hcd.ca.gov/community-deve…
The regs establish criteria for cities to receive a "prohousing" designation. Cities that earn the designation get bonus points for other grants. /2
(And if AB 215 passes, cities that are poor performers over 1st half of planning cycle will lose their housing element certification unless they apply for & receive the "prohousing" designation.) /3
Read 15 tweets
2 May
Last week, @California_HCD dropped long-awaited guidance about cities' duty to Affirmatively Further Fair Housing under state law. And a companion data tool.

This thread breaks it down. 1/24

hcd.ca.gov/community-deve…

…h-data-resources-cahcd.hub.arcgis.com
Background: federal law since 1980s has required cities (as condition of CDBG funding) to make and implement desegregation plans. The plans were a joke. 2/24

gao.gov/products/gao-1…
In 2015, HUD under Obama issued the Affirmatively Furthering Fair Housing rule to strengthen analytical and programmatic components of the plans. 3/24

federalregister.gov/documents/2015…
Read 25 tweets
6 Mar
This (⬇️)strategy of "complying" with CA's housing law via economically prohibitive inclusionary zoning is sure to become very popular unless @GavinNewsom & @California_HCD put the kibosh on it soon.

Fortunately, they (probably) have authority to stop it. Read on.

1/
The strategy will be popular b/c it allows city to comply on paper w/ multifamily zoning requirements while propitiating wealthy homeowners who don't want new apts built and nonprofits that want to buy sites w/o competition from for-profit developers.

2/
(For wealthy homeowners, apartment development by nonprofits isn't very threatening b/c lack of funds will keep nonprofits from developing more than a handful of sites.)

3/
Read 12 tweets
24 Jan
A serious question for @DeanPreston and others: How can city do value-capture rezoning while also ensuring that the required public benefits (fees, IZ, etc.) don't drive redevelopment value of sites below value of existing uses? 1/5
What makes this such a tough nut to crack is that the value of existing uses varies a lot across sites in older cities, and market conditions (prices & rents, construction costs) are in flux. 2/5
Here are three possible solutions:

(A) Replace exactions, impact fees, and IZ with a land-value tax. Great in theory, but foreclosed in California by Prop. 13. 3/5
Read 5 tweets
23 Jan
Adding to this ⬇️ thread about @hknightsf's great new column, here's one more point about how the pending "housing element" update, required by state law, is going to blow up San Francisco land use... /1
Under new state law (AB 1397), SF cannot "recycle" sites its previous housing element deemed suitable for affordable housing, unless they're rezoned for *by right* development of 20% low-income projects. /2
Yet SF's city charter disallows by-right development, period. So SF must either get a court to find its charter preempted by state law, or else rezone a huge swath of city's SFH neighborhoods for multifamily development at density of 30+ dwelling units / acre. /3
Read 6 tweets
13 Dec 20
THREAD: A Tale of Two States

(and executive branch preemption of municipal barriers to infill housing, like parking minimums)

1/n
Oregon's LCDC just crushed minimum parking requirements for small infill projects (duplex, triplex, 4plex). @California_HCD has not done same. Why not?

2/n
Statutory authority is pretty similar. Oregon: cities may not impose "unreasonable costs or delay" on development of "middle housing." CA: cities' housing plans must "remove constraints" to "housing for all income levels" "where appropriate & legally possible"

3/n
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

:(