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
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
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
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
Last week, @California_HCD dropped long-awaited guidance about cities' duty to Affirmatively Further Fair Housing under state law. And a companion data tool.
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
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.
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/
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
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
(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"