I missed this earlier doubling down by Elberling & Co on 469 Stevenson. It's even more balls-out than the 48hills piece I tweeted about this morning. Not even a mention of "CEQA" or "environment" or "safety," the pretextual grounds for denial. 1/
Instead, it's basically a dare to @California_HCD & @AGRobBonta: Will you really crack down on SF if we spout the right words about affordability & gentrification while blocking the new housing we dislike? 2/
He also trades on one of the original sins of California's RHNA / planning-for-housing framework: the state's failure to give cities "partial credit" for indirect effect of new market rate housing on the regionwide availability of relatively affordable homes. 3/
The point of RHNA is to quantify & accommodate *regional* housing need, & best evidence indicates that every 100 new market-rate units frees up roughly 40-70 units in below-median-income census tracts, incl. 20-40 units in bottom-quintile tracts. 4/ core.ac.uk/download/pdf/2…
Yet CA accounts for none of this when measuring cities' progress toward their targets. 5/
Which in turn leads to absurdities like Elberling & Co. blasting SF for "exceeding" its market-rate target, & asserting (w/ implied imprimatur of state) that "excess" market rates do nothing to "stem[] the tide of working families being priced out of their homes." /6
Elberling is certainly right that "All development is not created equal," but he's deadly wrong that dense market-rate housing in expensive places is bad for the poor and working classes. /end
San Francisco has posted its doozy of a draft response to warning letter from @GavinNewsom's new housing accountability team.
(Is city's mission to bridge the partisan divide by proving itself a laughingstock to @nytimes & Fox News alike?) 1/n
Context: state called out Board of Supes for voting down two large infill housing projects (800+ homes), in apparent violation of state's Housing Accountability Act. 2/n drive.google.com/file/d/12XIn5y…
State then asked city to provide "written findings" explaining city's "reasoning and evidence," in light of state law. 3/n
Hey all you CEQA lawyers out there: Is long-game of Eberling's seismic-safety argument an effort to blow up CEQA-Guidelines presumption that building permits are ministerial and thus exempt from CEQA review? /1
I know the presumption's rebuttable, but it's my understanding that SF (and probably most other cities) has treated building-safety issues covered by codes as "ministerial enough" to be excluded from CEQA analysis. /2
If Eberling challenges this practice and wins, it's going to be a nightmare for housing development. Projects would have to go through CEQA review (& appeals, & litigation) twice over: first for entitlement, and again for building permits. /3
Look at @California_HCD's Housing Accountability Unit, starting strong!
So much to like in the letter they just sent to San Francisco about the apparent CEQA-laundered denial of 469 Stevenson St. project. 1/14
As I've explained previously, the Board might be thought to have evaded the Housing Accountability Act by relying on CEQA to stall project indefinitely (rather than deny it outright). 2/
But the HAA defines "disapproval" broadly to include an adverse "vote" on any "approval" or "entitlement" that's needed before shovels hit the dirt. A vote overturning a legally sufficient EIR is plausibly "disapproval" w/in meaning of HAA. 3/
Major decision from Court of Appeal interpreting California's Housing Accountability Act. Read @carla_org's thread below for highlights, or continue with this one if you want the legal nitty gritty. /1
Context: California is one of two states that nominally prevent local govts from rejecting or downsizing housing development projects on the basis of "subjective" standards. (The other is Oregon.) /2
This limitation has been on the books in CA since 1999, but there was no caselaw applying it, perhaps b/c developers feared that if they sued a city, the city would screw them on their next project. /3
A thread on Jennifer Hernandez's latest impassioned screed against CA climate policy and the racially disparate burdens of its effect on energy & housing costs. (Preview: she makes a few great points, goes off rails on others.) 1/14
1) Since climate change results from *global* emissions, its dumb for CA climate policy to prioritize emission reductions *within the state.*
We should focus instead on developing low-cost, low-GHG tech & living patterns for replication beyond our borders. 2/n
2) CA's "affordable housing policy" of subsidizing a handful of very-high-cost multifamily buildings and allocating units by lottery deserves the scare quotes.
A serious affordable housing policy would take construction costs seriously. 3/n
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