LA's draft housing element just dropped. It's an exemplar, a huge deal not only for LA but for cities across California.

LA is the first city to realistically assess development potential under current zoning, and the results are stunning. 1/18

planning.lacity.org/plans-policies…
As I've explained many times before, cities' assessment of capacity traditionally assumed that every site with near-term development potential *will* be developed during planning period: P(dev) = 1. This assumption is patently false. 2/n
I and co-authors argued in this paper that recent changes to state law empower @California_HCD to require cities to discount site capacity by a rough estimate of the site's likelihood of development during planning period. 3/n

ecologylawquarterly.org/print/making-i…

Subsequently, @California_HCD issued guidance that embraces our idea, but equivocates on whether it's a requirement or a recommendation. 4/n

The first big city to submit a housing plan this cycle, San Diego, relied on the old p(dev) = 1 assumption. HCD told San Diego to submit amendments addressing likelihood of development. City's response was a dud. It should be decertified. 5/n

LA, by contrast, recruited @issiromem & @TernerHousing to model sites' likelihood of development as function of base and density-bonus zoning, price, and several other predictors. 6/n

planning.lacity.org/odocument/1511…
Study shows that if you assume p(dev) = 1, LA has enough excess capacity under current zoning to accommodate ***the entire ~1.4m unit "regional need" of Southern California***, even w/o density bonuses. 7/n
But analysis also shows that share of sites w/excess capacity that get developed in any given year is tiny, roughly 0.012 for the 5-year period from 2015-2019. 8/n
The fitted model yields site-specific probabilities of development over the next 5 years ranging from 0 to 0.12. 9/n
Adjusting the projection period from 5 to 8 years, and incorporating estimates of number of units conditional on development, LA projects that it has realistic capacity for about 47,000 new units on these sites (well shy of 1.4m!). 10/n
In effect, LA's housing plan assumes that it will realize (as new housing units) only 3.5% of aggregate zoned density of its sites. San Diego, by contrast, assumed that it will realize 90% of zoned density. 11/n
And whereas San Diego's ludicrous assumptions allowed it to claim that it has no need to rezone in order to accommodate its share of regional housing need, LA promises a massive rezoning program. 12/n
LA also forthrightly acknowledges that distribution of its realistic capacity is now skewed toward low-income neighborhoods. In connection w/ AFFH program, city promises to create "zoning budgets" for each of its community plan areas. @ProfSchleich @RickHills2 13/n
A couple other findings are notable. First, housing developments often realize a greater number of units than zoning nominally allowed (even w/ density bonus).
LA's realistic capacity *nearly doubles* if one accounts for track record of variances & rezonings. 14/n
Second, a lot of development occurred on sites the city classified as having no residential capacity at start of period. Projecting this trend forward, city has realistic capacity on order of 120,000 units, not 47,000. 15/n
LA doesn't claim credit toward RHNA for this "hidden capacity," but cities ought to receive credit if they show a track record of entitling projects at greater than zoned density, just as they're rewarded for track record of ADU production. 16/n
(minor quibble: it's not clear from the technical appendix, or else I missed it, whether city's realistic capacity estimate accounts for units that would be lost to demolition) 17/n
While most cities don't have staff capacity or consultants to do their own version of LA's analysis, the regional councils of govts should be doing it for them. (I am working now on a related study w/data for all the ABAG cities.) 18/end @AbundantHousing @CamnerLeonora

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More from @CSElmendorf

1 Jul
⬇️ Good thread on Supreme Court's decision in the VRA case.

My question: why "death by thousand cuts," not sledgehammer?

My answer: Alito and Kagan are writing for Congress. The old Roberts-Stevens-Kennedy coalition from Crawford is gone, w/ no successor in sight. 1/9
There's now no sense that any Republican on the Court can trust, compromise with, or even respect a Democratic justice in voting rights cases, or vice versa. 2/9
Kagan calls Alito's opinion for the Court lawless. 3/9
Read 9 tweets
30 Jun
@California_HCD has finalized its emergency "Prohousing Designation Regulation" and is now accepting applications. All the goods are here:
hcd.ca.gov/community-deve…

1/n
Little changed between the draft and final regs. Here's my breakdown of the draft regs. 2/n

. .
Under state APA procedure for emergency regs, HCD must accept comment for another 45 days, then has 1 year to promulgate the final, non-emergency version of the regs. 3/n
Read 10 tweets
29 Jun
Is John Roberts channeling his inner Bob Ellickson?

A thread on the Cedar Point Nursery takings case, w/ implications for urban land use and rent control laws.

1/n

supremecourt.gov/opinions/20pdf…
Supreme Court per Roberts held that California farm-labor law, which gives union organizers a right of access to private farms, effects an unconstitutional taking of farmer's property right to exclude others. 2/n
Answering the parade of horribles--doesn't his theory invalidate all manner of health / safety inspection laws & antidiscrimination laws, unless gov't pays compensation for infringing "right to exclude"--Roberts intimates that those are different b/c owner consents. 3/n
Read 23 tweets
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
9 Jun
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

Read 10 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

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