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FM","link":"/"}},"news_11981358":{"type":"posts","id":"news_11981358","meta":{"index":"posts_1591205157","site":"news","id":"11981358","score":null,"sort":[1711976455000]},"guestAuthors":[],"slug":"uc-berkeleys-plan-to-build-housing-on-peoples-park-heads-to-california-supreme-court","title":"UC Berkeley's Plan to Build Housing on People's Park Heads to California Supreme Court","publishDate":1711976455,"format":"standard","headTitle":"UC Berkeley’s Plan to Build Housing on People’s Park Heads to California Supreme Court | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The California Supreme Court will hear oral arguments on Wednesday in a case brought by two groups opposed to UC Berkeley’s plan to build student housing at People’s Park.\u003c/p>\n\u003cp>The case hinges on whether the court considers noise from future residents a form of pollution and whether housing developers should be held to stricter standards when it comes to studying alternative sites for proposed projects. Depending on how the court rules, it could empower community members to demand that developers do extra studies before building new housing, potentially lengthening an already tedious process.\u003c/p>\n\u003cp>“If a person is vehemently opposed to a project, they can go to court and say ‘tell them to do more studies,’” said Chris Elmendorf, a professor at UC Davis specializing in land-use law. “Maybe the court agrees, or maybe the court disagrees, but while the project is in court, it’s effectively on hold.”\u003c/p>\n\u003cp>[aside postID=news_11971858,news_11972091,news_11971577 label='What Happened in Peoples Park']This case, over the planned development of People’s Park, stems from a 2021 lawsuit brought by Make UC A Good Neighbor and The People’s Park Historic District Advocacy Group against UC Berkeley’s heavily contested \u003ca href=\"https://capitalstrategies.berkeley.edu/planning-documents\">Long Range Development Plan\u003c/a>, which aims to add nearly 12,000 new student beds and 8 million square feet of new classrooms, research labs, libraries and other amenities.\u003c/p>\n\u003cp>The most controversial development in the plan is the proposal to build housing on People’s Park, including a dormitory for students and \u003ca href=\"https://www.kqed.org/news/11972108/uc-berkeleys-housing-project-in-peoples-park-still-needs-a-developer\">nonprofit-run\u003c/a> apartments for unhoused and low-income people. Many who oppose the project \u003ca href=\"https://www.kqed.org/news/11971915/peoples-park-fight-pits-housing-against-history\">want, instead, to preserve the park and its history as a site for political activism in the 1960s and 1970s\u003c/a>.\u003c/p>\n\u003cp>The suit argues that UC Berkeley didn’t adequately consider alternative sites for all of the new structures in the expansion plan, including the People’s Park housing development, and didn’t properly analyze how noise from students on the newly expanded campus would impact neighbors and city residents.\u003c/p>\n\u003cp>Though a new state law was passed to clear the way for housing at the park following the original filing of the lawsuit, it is narrowly tailored to this project and to others like it. Legal experts say the court’s decision, though, may still have wide-ranging implications for the California Environmental Quality Act (CEQA) and its power over future housing projects across the state.\u003c/p>\n\u003cp>Under CEQA, noise is considered a form of pollution but had previously been considered in cases regarding concert venues or industrial sites, for example. This suit is the first to argue that noise generated by future residents is a form of environmental pollution.\u003c/p>\n\u003cp>In February 2023, an appellate court agreed and ruled that UC Berkeley needed to go back to the drawing board to consider alternative sites for both the new housing at People’s Park and the housing being built elsewhere on campus and that it needed to assess the impact of potential noise from future residents on the surrounding neighborhood.\u003c/p>\n\u003cp>[aside postID=news_11971915 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240108-LEV-MARCUS-MD-01-KQED-1020x680.jpg']“This case, to me, presents such a stark violation of CEQA,” said Thomas Lippe, an attorney for the two plaintiffs. “Some people might have been surprised by [the appellate court’s] noise ruling, but the alternative location ruling, it’s really just black letter law. You have to do it.”\u003c/p>\n\u003cp>California’s legislators disagreed. They quickly \u003ca href=\"https://www.kqed.org/news/11959483/legislation-that-could-push-peoples-park-student-housing-project-forward-heads-to-newsom\">passed\u003c/a> AB 1307 by Assemblymember Buffy Wicks (D-Berkeley), which amended CEQA so developers don’t have to consider noise generated by future residents as having a “significant effect on the environment” and so that public universities did not have to consider alternative locations for projects. The law was narrowly tailored to the People’s Park project and other housing projects located on public college or university campus grounds. Under the law, the housing development can be no larger than five acres, must be surrounded by urban space, and must have already completed an environmental impact report.\u003c/p>\n\u003cp>That means housing developers — at UC Berkeley or at any other university across the state — may still have to consider noise from future residents when evaluating projects if they extend outside of those limitations.\u003c/p>\n\u003cp>However, Elmendorf argued that this case could still have wider implications. Depending on the California Supreme Court’s decision, he said it could determine whether lower courts will continue to interpret and apply CEQA in the broadest possible way, yielding future legal surprises that delay, or ultimately kill, housing developments.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As California’s housing and climate crises grow more dire, CEQA’s impact is even more salient. Since he took office in 2019, Gov. Gavin Newsom has signed more than 20 bills into law that seek to limit CEQA’s scope, including Wicks’ law, in an effort to fast-track more housing being built. Advocates argue that while people wait for housing to be built, they live farther away from city centers, commute more and exacerbate the effects of climate change.\u003c/p>\n\u003cp>“The assumption that it’s always better to take more time making up your mind before doing something and that’s always going to be better for the environment — that assumption does not make sense anymore,” Elmendorf said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Chris Elmendorf, UC Davis professor\"]‘The assumption that it’s always better to take more time making up your mind before doing something and that’s always going to be better for the environment — that assumption does not make sense anymore.’[/pullquote]The university currently provides the lowest amount of student housing within the UC system: about 22% of its more than 45,000 undergraduate and graduate students have access to university-provided housing. The People’s Park project, along with other housing included in the long-range plan, would effectively double the number of beds it currently provides.\u003c/p>\n\u003cp>Depending on how the Supreme Court rules, UC Berkeley could be required to consider alternative sites or conduct additional environmental studies. The court will hear oral arguments on Wednesday and is expected to release a decision within 90 days of that hearing.\u003c/p>\n\u003cp>Regardless of what happens, UC Berkeley officials said they remain committed to the decision to build housing at People’s Park and to expand the campus. If they have to do additional studies, they will.\u003c/p>\n\u003cp>“Even if the Supreme Court should rule against us, that won’t stop the project,” UC Berkeley spokesperson Dan Mogulof said. “If, by some chance, the Supreme Court asks for additional environmental analysis, that’s exactly what we’ll do.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The California Supreme Court will hear arguments this week in a case brought over plans to build on the historic People’s Park — which could have larger implications for housing in the state.","status":"publish","parent":0,"modified":1711979978,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":1161},"headData":{"title":"UC Berkeley's Plan to Build Housing on People's Park Heads to California Supreme Court | KQED","description":"The California Supreme Court will hear arguments this week in a case brought over plans to build on the historic People’s Park — which could have larger implications for housing in the state.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"UC Berkeley's Plan to Build Housing on People's Park Heads to California Supreme Court","datePublished":"2024-04-01T13:00:55.000Z","dateModified":"2024-04-01T13:59:38.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11981358/uc-berkeleys-plan-to-build-housing-on-peoples-park-heads-to-california-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The California Supreme Court will hear oral arguments on Wednesday in a case brought by two groups opposed to UC Berkeley’s plan to build student housing at People’s Park.\u003c/p>\n\u003cp>The case hinges on whether the court considers noise from future residents a form of pollution and whether housing developers should be held to stricter standards when it comes to studying alternative sites for proposed projects. Depending on how the court rules, it could empower community members to demand that developers do extra studies before building new housing, potentially lengthening an already tedious process.\u003c/p>\n\u003cp>“If a person is vehemently opposed to a project, they can go to court and say ‘tell them to do more studies,’” said Chris Elmendorf, a professor at UC Davis specializing in land-use law. “Maybe the court agrees, or maybe the court disagrees, but while the project is in court, it’s effectively on hold.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11971858,news_11972091,news_11971577","label":"What Happened in Peoples Park "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This case, over the planned development of People’s Park, stems from a 2021 lawsuit brought by Make UC A Good Neighbor and The People’s Park Historic District Advocacy Group against UC Berkeley’s heavily contested \u003ca href=\"https://capitalstrategies.berkeley.edu/planning-documents\">Long Range Development Plan\u003c/a>, which aims to add nearly 12,000 new student beds and 8 million square feet of new classrooms, research labs, libraries and other amenities.\u003c/p>\n\u003cp>The most controversial development in the plan is the proposal to build housing on People’s Park, including a dormitory for students and \u003ca href=\"https://www.kqed.org/news/11972108/uc-berkeleys-housing-project-in-peoples-park-still-needs-a-developer\">nonprofit-run\u003c/a> apartments for unhoused and low-income people. Many who oppose the project \u003ca href=\"https://www.kqed.org/news/11971915/peoples-park-fight-pits-housing-against-history\">want, instead, to preserve the park and its history as a site for political activism in the 1960s and 1970s\u003c/a>.\u003c/p>\n\u003cp>The suit argues that UC Berkeley didn’t adequately consider alternative sites for all of the new structures in the expansion plan, including the People’s Park housing development, and didn’t properly analyze how noise from students on the newly expanded campus would impact neighbors and city residents.\u003c/p>\n\u003cp>Though a new state law was passed to clear the way for housing at the park following the original filing of the lawsuit, it is narrowly tailored to this project and to others like it. Legal experts say the court’s decision, though, may still have wide-ranging implications for the California Environmental Quality Act (CEQA) and its power over future housing projects across the state.\u003c/p>\n\u003cp>Under CEQA, noise is considered a form of pollution but had previously been considered in cases regarding concert venues or industrial sites, for example. This suit is the first to argue that noise generated by future residents is a form of environmental pollution.\u003c/p>\n\u003cp>In February 2023, an appellate court agreed and ruled that UC Berkeley needed to go back to the drawing board to consider alternative sites for both the new housing at People’s Park and the housing being built elsewhere on campus and that it needed to assess the impact of potential noise from future residents on the surrounding neighborhood.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11971915","hero":"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240108-LEV-MARCUS-MD-01-KQED-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“This case, to me, presents such a stark violation of CEQA,” said Thomas Lippe, an attorney for the two plaintiffs. “Some people might have been surprised by [the appellate court’s] noise ruling, but the alternative location ruling, it’s really just black letter law. You have to do it.”\u003c/p>\n\u003cp>California’s legislators disagreed. They quickly \u003ca href=\"https://www.kqed.org/news/11959483/legislation-that-could-push-peoples-park-student-housing-project-forward-heads-to-newsom\">passed\u003c/a> AB 1307 by Assemblymember Buffy Wicks (D-Berkeley), which amended CEQA so developers don’t have to consider noise generated by future residents as having a “significant effect on the environment” and so that public universities did not have to consider alternative locations for projects. The law was narrowly tailored to the People’s Park project and other housing projects located on public college or university campus grounds. Under the law, the housing development can be no larger than five acres, must be surrounded by urban space, and must have already completed an environmental impact report.\u003c/p>\n\u003cp>That means housing developers — at UC Berkeley or at any other university across the state — may still have to consider noise from future residents when evaluating projects if they extend outside of those limitations.\u003c/p>\n\u003cp>However, Elmendorf argued that this case could still have wider implications. Depending on the California Supreme Court’s decision, he said it could determine whether lower courts will continue to interpret and apply CEQA in the broadest possible way, yielding future legal surprises that delay, or ultimately kill, housing developments.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As California’s housing and climate crises grow more dire, CEQA’s impact is even more salient. Since he took office in 2019, Gov. Gavin Newsom has signed more than 20 bills into law that seek to limit CEQA’s scope, including Wicks’ law, in an effort to fast-track more housing being built. Advocates argue that while people wait for housing to be built, they live farther away from city centers, commute more and exacerbate the effects of climate change.\u003c/p>\n\u003cp>“The assumption that it’s always better to take more time making up your mind before doing something and that’s always going to be better for the environment — that assumption does not make sense anymore,” Elmendorf said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The assumption that it’s always better to take more time making up your mind before doing something and that’s always going to be better for the environment — that assumption does not make sense anymore.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Chris Elmendorf, UC Davis professor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The university currently provides the lowest amount of student housing within the UC system: about 22% of its more than 45,000 undergraduate and graduate students have access to university-provided housing. The People’s Park project, along with other housing included in the long-range plan, would effectively double the number of beds it currently provides.\u003c/p>\n\u003cp>Depending on how the Supreme Court rules, UC Berkeley could be required to consider alternative sites or conduct additional environmental studies. The court will hear oral arguments on Wednesday and is expected to release a decision within 90 days of that hearing.\u003c/p>\n\u003cp>Regardless of what happens, UC Berkeley officials said they remain committed to the decision to build housing at People’s Park and to expand the campus. If they have to do additional studies, they will.\u003c/p>\n\u003cp>“Even if the Supreme Court should rule against us, that won’t stop the project,” UC Berkeley spokesperson Dan Mogulof said. “If, by some chance, the Supreme Court asks for additional environmental analysis, that’s exactly what we’ll do.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11981358/uc-berkeleys-plan-to-build-housing-on-peoples-park-heads-to-california-supreme-court","authors":["11672"],"categories":["news_6266","news_8"],"tags":["news_4248","news_1775","news_29198","news_17597"],"featImg":"news_11981374","label":"news"},"news_11965492":{"type":"posts","id":"news_11965492","meta":{"index":"posts_1591205157","site":"news","id":"11965492","score":null,"sort":[1698256825000]},"guestAuthors":[],"slug":"san-francisco-takes-forever-to-approve-new-housing-california-officials-are-forcing-change","title":"San Francisco Takes Forever to Approve New Housing. California Officials Are Forcing Change","publishDate":1698256825,"format":"standard","headTitle":"San Francisco Takes Forever to Approve New Housing. California Officials Are Forcing Change | KQED","labelTerm":{"site":"news"},"content":"\u003cp>California housing authorities are demanding a host of changes to the way San Francisco approves new housing following a yearlong state review into the city’s notoriously difficult permitting process.\u003c/p>\n\u003cp>The California Department of Housing and Community Development \u003ca href=\"https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/plan-report/sf-housing-policy-and-practice-review.pdf\">report\u003c/a>, released Wednesday morning, concluded that delays are so baked into the city’s approval process that one person can stall or kill projects that should be allowed under state law.\u003c/p>\n\u003cp>The first-of-its-kind probe into San Francisco found that the city’s policies and politics stifle the construction of apartments or condos at nearly every step, driving developers to pursue business elsewhere. Under state law, HCD’s Housing Accountability Unit will now require the city to change a number of practices and rewrite city laws governing the housing permitting and appeals process.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Gov. Gavin Newsom\"]‘California’s affordability crisis is one of our own making. The decisions we made limited the creation of housing we need. Nowhere is this fact more evident than in San Francisco.’[/pullquote]The changes will make it far easier to build homes in San Francisco, said Gustavo Velasquez, director of the Department of Housing and Community Development, and far more difficult for neighbors and politicians to delay or kill projects that should be allowed under state law and existing local zoning.\u003c/p>\n\u003cp>“People who were born and raised in San Francisco cannot afford to stay and raise their own families,“ he said. “And why is that? Primarily because the cost of housing is exorbitant in San Francisco and the cost of housing is exorbitant simply because there just isn’t enough of it.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration launched the review in August of 2021, noting that San Francisco has the longest timelines in the state for approving housing projects and among the highest housing and construction costs. The city also received the most complaints about potential violations of state housing laws of any California jurisdiction, nearly double the next city’s.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“California’s affordability crisis is one of our own making,” Newsom said in an email to KQED. “The decisions we made limited the creation of housing we need. Nowhere is this fact more evident than in San Francisco. This report is an important first step to address the decades of issues that have held back San Francisco’s ability to build more housing. City leaders have come to the table to work with us on addressing these issues and [to] implement solutions.”\u003c/p>\n\u003cp>The state’s report spells out 18 actions the city must take and a specific timeline for completing them. A series of laws passed in recent years gives state officials more power to force local jurisdictions to build.\u003c/p>\n\u003cp>“San Francisco takes more than 10 months longer than the next-slowest jurisdiction to give the green light to build a house. These entrenched problems have been going on for a long time,” Velasquez said. “We’re going to be watching closely what the city does next… Failure to meet [the 18 actions] in the specified timeframes will initiate a process [of enforcement that could lead to lawsuits].”\u003c/p>\n\u003cp>The scathing report finds that many of the city’s laws and policies are in conflict with state law and have created “major inequities across the city” — concentrating density and affordable housing in certain neighborhoods while allowing “affluent NIMBYs” to “weaponize” the process and prevent construction in their areas.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Dori Ganetsos, lead project manager for the state Housing and Community Development Department's report\"]‘We just want a very clear, easy process where if you’re proposing to build what the city says you’re allowed to build, you get approval.’[/pullquote]Among the key problems identified in the 44-page report are the city’s practice of making all permitting discretionary — that is, subject to review by city officials — and allowing appeals after a project has already been approved, and its local laws that add more onerous requirements to state environmental law, and go far beyond what’s required.\u003c/p>\n\u003cp>Those requirements allow for appeals that, even if dropped, delay projects and add costs to both developers and city taxpayers, the report states.\u003c/p>\n\u003cp>In both cases, the state is giving San Francisco a deadline to change those practices: It must revise laws governing the permitting process by 2026 and eliminate additional environmental requirements within one to three years.\u003c/p>\n\u003cp>Dori Ganetsos, HCD’s lead project manager on the San Francisco review, said the changes required by the report should make building far simpler.\u003c/p>\n\u003cp>“We just want a very clear, easy process where if you’re proposing to build what the city says you’re allowed to build, you get approval,” she said.\u003c/p>\n\u003cp>The report was largely based on research conducted by Moira O’Neill, an associate research scientist at UC Berkeley’s Institute of Urban and Regional Development. She noted that, unlike other cities, a proposed project in San Francisco will undergo exhaustive reviews by planning officials even if it conforms to the city’s zoning and planning laws. In other cities, those types of projects are automatically approved.\u003c/p>\n\u003cp>“The law, as it is written and as applied to the developments that I’ve showcased in this report, creates opportunity for a single project opponent to step forward and disrupt the approval pathway … even if the proposed development conforms to the local law as it is written,” O’Neill said.\u003c/p>\n\u003cp>[aside label='More Housing Coverage' tag='housing']That opportunity for subjective review adds delays and risk for developers, O’Neill said. Her review found that the median time for approving multifamily housing in San Francisco was 34 months between 2018 and 2021 — up from 27 months just a few years before. That process can be dragged out further because San Francisco law allows additional time for appeals.\u003c/p>\n\u003cp>O’Neill said many of these local laws were written to encourage the proliferation of dense housing. But over the years, they have done the opposite.\u003c/p>\n\u003cp>“San Francisco actually has comparatively more land zoned for dense housing than a lot of the other jurisdictions in California I’ve studied,” she said. “So the local law is both written in a way to try to say we want to welcome people, we want to have multifamily housing, and yet it’s written in a way to make the process so onerous, so unpredictable, it effectively blocks the development of multifamily housing. And that has huge implications for how inclusive San Francisco truly can be.”\u003c/p>\n\u003cp>But changing discretionary policies works, the report states. It cites the implementation of a 2017 state law, \u003ca href=\"https://www.kqed.org/news/11617088/housing-bills-clear-toughest-hurdle-at-state-capitol\">Senate Bill 35\u003c/a>, which required local governments to streamline approval of some projects.\u003c/p>\n\u003cp>Before SB 35, San Francisco approved just five affordable housing projects over three years from 2014–2017. Since it took effect, 18 were approved between 2018 and 2021, 14 of them directly because of SB 35.\u003c/p>\n\u003cp>Velasquez said that these numbers, and the lessons gleaned from this report and its outcomes, will help the state speed up housing production in other cities around California.\u003c/p>\n\u003cp>“A ministerial approval process is essential, to take politics, subjectivity out of the equation, out of the decision-making process. San Francisco needs to do that,” he said. “These lessons that we’re learning .… other jurisdictions will just learn from and try to apply.”\u003c/p>\n\u003cp>The report notes that to meet its housing goals, set by state law, the city would need to build more than 10,000 housing units a year, more than half of them affordable, each year through 2031. The city’s goals call for more than 82,000 new units to be constructed by 2031.\u003c/p>\n\u003cp>“Yet they have permitted less than one home per day in 2023,” Velasquez said. “The comparison just is egregious of what they have to approve versus what they’re approving now.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A first-of-its-kind report concluded that delays are so baked into the city’s approval process that one person can stall or kill projects that should be allowed under state law.","status":"publish","parent":0,"modified":1698260614,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1391},"headData":{"title":"San Francisco Takes Forever to Approve New Housing. California Officials Are Forcing Change | KQED","description":"A first-of-its-kind report concluded that delays are so baked into the city’s approval process that one person can stall or kill projects that should be allowed under state law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Francisco Takes Forever to Approve New Housing. California Officials Are Forcing Change","datePublished":"2023-10-25T18:00:25.000Z","dateModified":"2023-10-25T19:03:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11965492/san-francisco-takes-forever-to-approve-new-housing-california-officials-are-forcing-change","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California housing authorities are demanding a host of changes to the way San Francisco approves new housing following a yearlong state review into the city’s notoriously difficult permitting process.\u003c/p>\n\u003cp>The California Department of Housing and Community Development \u003ca href=\"https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/plan-report/sf-housing-policy-and-practice-review.pdf\">report\u003c/a>, released Wednesday morning, concluded that delays are so baked into the city’s approval process that one person can stall or kill projects that should be allowed under state law.\u003c/p>\n\u003cp>The first-of-its-kind probe into San Francisco found that the city’s policies and politics stifle the construction of apartments or condos at nearly every step, driving developers to pursue business elsewhere. Under state law, HCD’s Housing Accountability Unit will now require the city to change a number of practices and rewrite city laws governing the housing permitting and appeals process.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘California’s affordability crisis is one of our own making. The decisions we made limited the creation of housing we need. Nowhere is this fact more evident than in San Francisco.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The changes will make it far easier to build homes in San Francisco, said Gustavo Velasquez, director of the Department of Housing and Community Development, and far more difficult for neighbors and politicians to delay or kill projects that should be allowed under state law and existing local zoning.\u003c/p>\n\u003cp>“People who were born and raised in San Francisco cannot afford to stay and raise their own families,“ he said. “And why is that? Primarily because the cost of housing is exorbitant in San Francisco and the cost of housing is exorbitant simply because there just isn’t enough of it.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration launched the review in August of 2021, noting that San Francisco has the longest timelines in the state for approving housing projects and among the highest housing and construction costs. The city also received the most complaints about potential violations of state housing laws of any California jurisdiction, nearly double the next city’s.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“California’s affordability crisis is one of our own making,” Newsom said in an email to KQED. “The decisions we made limited the creation of housing we need. Nowhere is this fact more evident than in San Francisco. This report is an important first step to address the decades of issues that have held back San Francisco’s ability to build more housing. City leaders have come to the table to work with us on addressing these issues and [to] implement solutions.”\u003c/p>\n\u003cp>The state’s report spells out 18 actions the city must take and a specific timeline for completing them. A series of laws passed in recent years gives state officials more power to force local jurisdictions to build.\u003c/p>\n\u003cp>“San Francisco takes more than 10 months longer than the next-slowest jurisdiction to give the green light to build a house. These entrenched problems have been going on for a long time,” Velasquez said. “We’re going to be watching closely what the city does next… Failure to meet [the 18 actions] in the specified timeframes will initiate a process [of enforcement that could lead to lawsuits].”\u003c/p>\n\u003cp>The scathing report finds that many of the city’s laws and policies are in conflict with state law and have created “major inequities across the city” — concentrating density and affordable housing in certain neighborhoods while allowing “affluent NIMBYs” to “weaponize” the process and prevent construction in their areas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We just want a very clear, easy process where if you’re proposing to build what the city says you’re allowed to build, you get approval.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dori Ganetsos, lead project manager for the state Housing and Community Development Department's report","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Among the key problems identified in the 44-page report are the city’s practice of making all permitting discretionary — that is, subject to review by city officials — and allowing appeals after a project has already been approved, and its local laws that add more onerous requirements to state environmental law, and go far beyond what’s required.\u003c/p>\n\u003cp>Those requirements allow for appeals that, even if dropped, delay projects and add costs to both developers and city taxpayers, the report states.\u003c/p>\n\u003cp>In both cases, the state is giving San Francisco a deadline to change those practices: It must revise laws governing the permitting process by 2026 and eliminate additional environmental requirements within one to three years.\u003c/p>\n\u003cp>Dori Ganetsos, HCD’s lead project manager on the San Francisco review, said the changes required by the report should make building far simpler.\u003c/p>\n\u003cp>“We just want a very clear, easy process where if you’re proposing to build what the city says you’re allowed to build, you get approval,” she said.\u003c/p>\n\u003cp>The report was largely based on research conducted by Moira O’Neill, an associate research scientist at UC Berkeley’s Institute of Urban and Regional Development. She noted that, unlike other cities, a proposed project in San Francisco will undergo exhaustive reviews by planning officials even if it conforms to the city’s zoning and planning laws. In other cities, those types of projects are automatically approved.\u003c/p>\n\u003cp>“The law, as it is written and as applied to the developments that I’ve showcased in this report, creates opportunity for a single project opponent to step forward and disrupt the approval pathway … even if the proposed development conforms to the local law as it is written,” O’Neill said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Housing Coverage ","tag":"housing"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>That opportunity for subjective review adds delays and risk for developers, O’Neill said. Her review found that the median time for approving multifamily housing in San Francisco was 34 months between 2018 and 2021 — up from 27 months just a few years before. That process can be dragged out further because San Francisco law allows additional time for appeals.\u003c/p>\n\u003cp>O’Neill said many of these local laws were written to encourage the proliferation of dense housing. But over the years, they have done the opposite.\u003c/p>\n\u003cp>“San Francisco actually has comparatively more land zoned for dense housing than a lot of the other jurisdictions in California I’ve studied,” she said. “So the local law is both written in a way to try to say we want to welcome people, we want to have multifamily housing, and yet it’s written in a way to make the process so onerous, so unpredictable, it effectively blocks the development of multifamily housing. And that has huge implications for how inclusive San Francisco truly can be.”\u003c/p>\n\u003cp>But changing discretionary policies works, the report states. It cites the implementation of a 2017 state law, \u003ca href=\"https://www.kqed.org/news/11617088/housing-bills-clear-toughest-hurdle-at-state-capitol\">Senate Bill 35\u003c/a>, which required local governments to streamline approval of some projects.\u003c/p>\n\u003cp>Before SB 35, San Francisco approved just five affordable housing projects over three years from 2014–2017. Since it took effect, 18 were approved between 2018 and 2021, 14 of them directly because of SB 35.\u003c/p>\n\u003cp>Velasquez said that these numbers, and the lessons gleaned from this report and its outcomes, will help the state speed up housing production in other cities around California.\u003c/p>\n\u003cp>“A ministerial approval process is essential, to take politics, subjectivity out of the equation, out of the decision-making process. San Francisco needs to do that,” he said. “These lessons that we’re learning .… other jurisdictions will just learn from and try to apply.”\u003c/p>\n\u003cp>The report notes that to meet its housing goals, set by state law, the city would need to build more than 10,000 housing units a year, more than half of them affordable, each year through 2031. The city’s goals call for more than 82,000 new units to be constructed by 2031.\u003c/p>\n\u003cp>“Yet they have permitted less than one home per day in 2023,” Velasquez said. “The comparison just is egregious of what they have to approve versus what they’re approving now.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11965492/san-francisco-takes-forever-to-approve-new-housing-california-officials-are-forcing-change","authors":["3239"],"categories":["news_6266","news_8"],"tags":["news_3921","news_4248","news_27626","news_1775","news_17968","news_38"],"featImg":"news_11965531","label":"news"},"news_11954531":{"type":"posts","id":"news_11954531","meta":{"index":"posts_1591205157","site":"news","id":"11954531","score":null,"sort":[1688076718000]},"guestAuthors":[],"slug":"will-californias-infrastructure-deal-speed-up-water-clean-energy-projects","title":"Will California's Infrastructure Deal Speed Up Water, Clean Energy Projects?","publishDate":1688076718,"format":"standard","headTitle":"Will California’s Infrastructure Deal Speed Up Water, Clean Energy Projects? | KQED","labelTerm":{},"content":"\u003cp>California lawmakers and Gov. Gavin Newsom are poised to enact a package of bills that aim to speed up lawsuits that entangle large projects, such as solar farms and reservoirs, and relax protection of about three dozen wildlife species.\u003c/p>\n\u003cp>Newsom and Senate and Assembly leaders \u003ca href=\"https://www.senate.ca.gov/content/analyses\">unveiled the five bills\u003c/a> earlier this week as they negotiated the \u003ca href=\"https://calmatters.org/politics/2023/06/california-budget-deal-what-you-need-to-know/\">state’s $310 billion 2023-24 budget\u003c/a>. The deal ended a standoff over the governor’s infrastructure package, which \u003ca href=\"https://calmatters.org/environment/2023/05/gavin-newsom-ceqa-reform/\">he unveiled last month\u003c/a> in an effort to streamline renewable energy facilities, water reservoirs, bridges, railways and similar projects.\u003c/p>\n\u003cp>The package of bills will make its way through the Legislature on an accelerated schedule. The bills include an urgency clause — meaning they would take effect immediately when Newsom signs but they also will require a two-thirds vote to pass.\u003c/p>\n\u003cp>Hearings have been scheduled for committees in both houses today. Debate may largely end up being a formality as the package \u003ca href=\"https://calmatters.org/environment/2023/06/california-water-lawmakers-newsom-delta/\">has already been negotiated\u003c/a> by Newsom and lawmakers behind closed doors.\u003c/p>\n\u003cp>The debate and negotiations focused on how California can speed up major projects that benefit the public while ensuring the environment is protected. The wide-ranging collection of bills take aim at broad swaths of state environmental policies shaping how state agencies approve large projects. For instance, the plan to build the \u003ca href=\"https://calmatters.org/environment/2023/02/california-sites-reservoir/\">Sites reservoir\u003c/a> to add dams and store more Sacramento River water has been stalled for years as it undergoes environmental reviews and engineering planning.\u003c/p>\n\u003cp>One of the bills \u003ca href=\"https://www.senate.ca.gov/sites/senate.ca.gov/files/senate_select_committee_on_infrastructure_streamlining_and_workforce_equity_-_sb_149_ceqa_judicial_streamlining_final.pdf\">sets a time limit (PDF)\u003c/a> for legal challenges for specified water, transportation and energy projects under the landmark California Environmental Quality Act (CEQA), which can entangle projects in court for years.\u003c/p>\n\u003cp>Another gives the state Department of Fish and Wildlife new authority to issue permits \u003ca href=\"https://www.senate.ca.gov/sites/senate.ca.gov/files/senate_select_committee_on_infrastructure_streamlining_and_workforce_equity_-_sb_147_fps_final.pdf\">allowing species that are designated “fully protected,” (PDF)\u003c/a> such as the greater sandhill crane and golden eagle, to be harmed by similar types of projects.\u003c/p>\n\u003cp>The compromise that Newsom and lawmakers reached seems to have accomplished what compromises rarely do: Environmentalists \u003ca href=\"https://calmatters.org/environment/2023/05/gavin-newsom-ceqa-reform/\">who initially criticized Newsom’s package\u003c/a> say they are satisfied with the changes, and businesses and water agencies, which \u003ca href=\"https://antr.assembly.ca.gov/sites/antr.assembly.ca.gov/files/June%207%2C%202022%20Info%20Hearing%20Documents.pdf\">have backed the package from the beginning (PDF)\u003c/a>, support the changes, too.[pullquote size='medium' align='left' citation=\"Victoria Rome, director of California government affairs, Natural Resource Defense Council\"]‘It’s good that it’s resolved, and that it’s better than it was and that the budget was able to move forward. But I would say to accelerate clean energy infrastructure, we have a lot more to do as a state.’[/pullquote]The proposals “are really going to help move the needle on water infrastructure projects that are needed to address the impacts of climate change,” said Adam Quinonez, director of state legislative and regulatory relations at the Association of California Water Agencies.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.nrdc.org/press-releases/california-legislature-strengthens-infrastructure-trailer-bill-package-protect\">changes won over the Natural Resources Defense Council\u003c/a>, which had pages of concerns about the potential environmental harms caused by Newsom’s original proposals, such as \u003ca href=\"https://calmatters.org/environment/2023/06/california-water-lawmakers-newsom-delta/\">provisions that might have expedited the deeply divisive Delta tunnel.\u003c/a>\u003c/p>\n\u003cp>“It’s good that it’s resolved, and that it’s better than it was and that the budget was able to move forward,” said Victoria Rome, the Natural Resource Defense Council’s director of California government affairs. “But I would say to accelerate clean energy infrastructure, we have a lot more to do as a state.”\u003c/p>\n\u003cp>Although the wildlife bill would ease some existing protections, \u003ca href=\"https://ca.audubon.org/contact/mike-lynes\">Mike Lynes\u003c/a>, Audubon California’s director of public policy, hopes that in practice it would actually increase enforcement.\u003c/p>\n\u003cp>“Ultimately, it really will fall on the Department of Fish and Wildlife to make sure that these are good permits, and that the law is enforced,” he said.\u003c/p>\n\u003cp>So what’s in these bills? And what impact will they have on infrastructure projects and the environment?\u003c/p>\n\u003ch2>What’s happening with CEQA?\u003c/h2>\n\u003cp>One of the bills, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB149\">SB 149,\u003c/a> takes aim at the often lengthy lawsuits brought under CEQA, which tasks public agencies with assessing possible harms of proposed development. Lawsuits by the public and advocacy groups can entangle projects like housing developments, highway interchanges, and solar farms for years.\u003c/p>\n\u003cp>The bill would set a 270-day limit for wrapping up these environmental challenges for water, energy, transportation and semiconductor projects. The projects must be \u003ca href=\"https://www.senate.ca.gov/sites/senate.ca.gov/files/senate_select_committee_on_infrastructure_streamlining_and_workforce_equity_-_sb_149_ceqa_judicial_streamlining_final.pdf\">certified by the governor by 2033 (PDF)\u003c/a> and meet certain criteria. These could potentially include water recycling plants, aqueduct repair, bikeways and railways, wildlife crossings, solar and wind farms, zero-emission vehicle infrastructure, among others.\u003c/p>\n\u003cp>In a nod to concerns that \u003ca href=\"https://calmatters.org/environment/2023/06/california-water-lawmakers-newsom-delta/\">this would expedite the Delta tunnel\u003c/a>, there’s now an explicit carveout saying that particular water project no longer qualifies for the faster timeline. [aside label=\"More Coverage\" tag=\"california-energy\"]There’s a big caveat, though: The 270-day limit only applies “to the extent feasible” — a decision that judges would make.\u003c/p>\n\u003cp>So will the time limit actually speed up cases? That remains to be seen, said \u003ca href=\"https://www.nrdc.org/bio/david-pettit\">David Pettit\u003c/a>, senior attorney at the Natural Resources Defense Council. “I think it sends a signal to the judiciary that the Legislature wants these cases hustled up,” Pettit said.\u003c/p>\n\u003cp>But in practice, he said, there are other major time sinks for the legal process beyond the length of litigation, such as preparing the paperwork behind an agency’s environmental assessment to create what’s called the administrative record. This is critical ammunition in legal challenges.\u003c/p>\n\u003cp>Newsom’s original version of the bill sparked a battle over which emails should be disclosed in the administrative record by excluding any internal communications that didn’t make it to the final decision makers. Assembly consultants warned this could allow state agencies to pick and choose which documents to disclose.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Now, under the latest iteration, all emails related to the project must continue to be revealed in the administrative record, and only emails over minutia like scheduling can be excluded.\u003c/p>\n\u003cp>“The bottom line is most emails that are actually pertinent to the project — not like, ‘How about those Dodgers?’ — they will go into the record,” Pettit said. “That is important, because sometimes people will talk candidly over email in a way that others might not.”\u003c/p>\n\u003ch2>What are the effects on wildlife?\u003c/h2>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB147\">SB 147\u003c/a> would allow projects to \u003ca href=\"https://www.senate.ca.gov/infrastructure-streamlining-and-workforce-equity\">receive permits to kill certain wildlife species\u003c/a> \u003ca href=\"https://wildlife.ca.gov/Conservation/Fully-Protected\">that are classified as “fully protected.”\u003c/a> Thirty-seven species — including the golden eagle, greater sandhill crane, bighorn sheep, several coastal marsh birds, 10 fish and several reptiles and amphibians — are listed as fully protected.\u003c/p>\n\u003cp>Under the bill, only certain types of projects that are considered beneficial to the public could get the new permits, including repairing aqueducts and other water infrastructure, building wind and solar installations, and transportation projects, including wildlife crossings, that don’t increase traffic.\u003c/p>\n\u003cp>State and federal Endangered Species Acts would still protect rare wildlife and be unaffected by the bill. But it would alter another, stronger protection under state law: “Fully protected” species \u003ca href=\"https://environs.law.ucdavis.edu/volumes/44/2/Biber.pdf\">began in the 1960s (PDF)\u003c/a> as part of an early effort to protect California’s animals, such as the \u003ca href=\"https://wildlife.ca.gov/Conservation/Fully-Protected\">California condor and southern sea otter.\u003c/a> Of those, all but 10 are also listed under the California Endangered Species Act.\u003c/p>\n\u003cfigure id=\"attachment_11954599\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11954599\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923.jpg\" alt=\"A falcon flies in the sky with the Bay Bridge in the background.\" width=\"1568\" height=\"1046\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923.jpg 1568w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A peregrine falcon flies over the Bay Bridge in San Francisco. The falcons would no longer be classified as a ‘fully protected species’ under the infrastructure bills. \u003ccite>(Marcio Jose Sanchez/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Unlike the endangered species acts, which allow wildlife agencies to grant permission to “take” or harm a species, so-called “fully protected” species cannot be killed except in rare cases, such as scientific research.\u003c/p>\n\u003cp>To obtain the new permits, developers and other applicants would need to show that their plans to compensate for the harm to these species actually improves conservation — a more stringent standard than required by the California Endangered Species Act.\u003c/p>\n\u003cp>This addresses an enforcement gap: Regulators have little authority to make developers work with them to ensure projects take steps to reduce their impacts on those species. “There’s no hook for the regulatory agencies to demand avoidance and mitigation measures, because they’re unwilling to enforce the laws as written,” Audubon’s Lynes said.\u003c/p>\n\u003cp>Fish and Wildlife Director Chuck Bonham told a Senate committee that without a permit process to allow harm to fully protected species, project developers are left with little recourse if their projects could disrupt these animals. As a result, “every project proponent faces an unnecessary risk for project planning, financing and construction.” [pullquote size='medium' align='left' citation=\"Mike Lynes, director of public policy, Audubon California\"]‘We certainly don’t want to be reducing protections for pelicans and peregrine falcons, but it’s also understandable to be looking to transition them off the list.’[/pullquote]Three species would also lose their status as fully protected: the American peregrine falcon, brown pelican and a fish called the thicktail chub. The falcon and pelican had been listed as endangered species but are now considered recovered, largely due to the 1972 ban on the pesticide DDT; \u003ca href=\"http://www.nativefishlab.net/library/textpdf/18493.pdf\">the chub is considered extinct (PDF).\u003c/a>\u003c/p>\n\u003cp>“We certainly don’t want to be reducing protections for pelicans and peregrine falcons, but it’s also understandable to be looking to transition them off the list,” Lynes said.\u003c/p>\n\u003cp>The latest version overhauls Newsom’s original proposal to scrap the “fully protected” designation entirely, which environmentalists worried would significantly weaken protections for these species. Delta communities were especially concerned, seeing it as one of several moves to push the Delta tunnel project forward by targeting the greater sandhill crane, which winters in the region.\u003c/p>\n\u003cp>The new version of the bill explicitly says that a Delta tunnel project would not qualify for permits to take the crane or any other fully protected species.\u003c/p>\n\u003ch2>Will this actually streamline projects?\u003c/h2>\n\u003cp>The multibillion-dollar question is whether these regulations will \u003ca href=\"https://calmatters.org/environment/2023/05/gavin-newsom-ceqa-reform/\">actually help California build big things faster\u003c/a>.\u003c/p>\n\u003cp>The Newsom administration said they are critical to bolster California’s chances when competing against other states for $28 billion in discretionary funds from the federal Infrastructure Investment and Jobs Act and the Inflation Reduction Act.\u003c/p>\n\u003cp>“It’s going to be extremely difficult if not impossible to draw a straight line that if you pass judicial streamlining, we get the federal dollars here in California,” said Adam Regele, a vice president at the California Chamber of Commerce. “But what it does do is it makes us more competitive.”[pullquote size='medium' align='right' citation=\"David Pettit, senior attorney, Natural Resources Defense Council.\"]‘How do we know that this package will actually speed things up? Because I’m not seeing it.’[/pullquote]The Natural Resources Defense Council’s Pettit is skeptical that this will in fact streamline lengthy and litigious approvals under CEQA. He pointed to the loophole establishing a nine-month time limit for court challenges only “to the extent feasible.”\u003c/p>\n\u003cp>“How do we know that this package will actually speed things up? Because I’m not seeing it,” Pettit said.\u003c/p>\n\u003cp>Newsom’s deputy communications director, Alex Stack, said he couldn’t name any specific projects that would benefit or ones that had been specifically denied federal funding because of California’s existing laws.\u003c/p>\n\u003cp>But he said he expects the bills to cut the timeline for major builds in California by up to almost a third. That includes for transit projects, wind and solar installations, semiconductor plants and water storage projects like Sites reservoir.\u003c/p>\n\u003cp>“It’s climate denial to preserve the status quo — to delay these projects is to delay climate action, clean energy, safe drinking water, and put millions more Californians at risk of devastating climate impacts,” Stack told CalMatters last week.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"In a rare feat, the compromise reached by Newsom and lawmakers seems to satisfy environmentalists, water agencies and businesses. ","status":"publish","parent":0,"modified":1688076718,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":2059},"headData":{"title":"Will California's Infrastructure Deal Speed Up Water, Clean Energy Projects? | KQED","description":"In a rare feat, the compromise reached by Newsom and lawmakers seems to satisfy environmentalists, water agencies and businesses. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Will California's Infrastructure Deal Speed Up Water, Clean Energy Projects?","datePublished":"2023-06-29T22:11:58.000Z","dateModified":"2023-06-29T22:11:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"CalMatters","sourceUrl":"https://calmatters.org/","nprByline":"\u003ca href=\"https://calmatters.org/author/rachel-becker/\">Rachel Becker\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11954531/will-californias-infrastructure-deal-speed-up-water-clean-energy-projects","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California lawmakers and Gov. Gavin Newsom are poised to enact a package of bills that aim to speed up lawsuits that entangle large projects, such as solar farms and reservoirs, and relax protection of about three dozen wildlife species.\u003c/p>\n\u003cp>Newsom and Senate and Assembly leaders \u003ca href=\"https://www.senate.ca.gov/content/analyses\">unveiled the five bills\u003c/a> earlier this week as they negotiated the \u003ca href=\"https://calmatters.org/politics/2023/06/california-budget-deal-what-you-need-to-know/\">state’s $310 billion 2023-24 budget\u003c/a>. The deal ended a standoff over the governor’s infrastructure package, which \u003ca href=\"https://calmatters.org/environment/2023/05/gavin-newsom-ceqa-reform/\">he unveiled last month\u003c/a> in an effort to streamline renewable energy facilities, water reservoirs, bridges, railways and similar projects.\u003c/p>\n\u003cp>The package of bills will make its way through the Legislature on an accelerated schedule. The bills include an urgency clause — meaning they would take effect immediately when Newsom signs but they also will require a two-thirds vote to pass.\u003c/p>\n\u003cp>Hearings have been scheduled for committees in both houses today. Debate may largely end up being a formality as the package \u003ca href=\"https://calmatters.org/environment/2023/06/california-water-lawmakers-newsom-delta/\">has already been negotiated\u003c/a> by Newsom and lawmakers behind closed doors.\u003c/p>\n\u003cp>The debate and negotiations focused on how California can speed up major projects that benefit the public while ensuring the environment is protected. The wide-ranging collection of bills take aim at broad swaths of state environmental policies shaping how state agencies approve large projects. For instance, the plan to build the \u003ca href=\"https://calmatters.org/environment/2023/02/california-sites-reservoir/\">Sites reservoir\u003c/a> to add dams and store more Sacramento River water has been stalled for years as it undergoes environmental reviews and engineering planning.\u003c/p>\n\u003cp>One of the bills \u003ca href=\"https://www.senate.ca.gov/sites/senate.ca.gov/files/senate_select_committee_on_infrastructure_streamlining_and_workforce_equity_-_sb_149_ceqa_judicial_streamlining_final.pdf\">sets a time limit (PDF)\u003c/a> for legal challenges for specified water, transportation and energy projects under the landmark California Environmental Quality Act (CEQA), which can entangle projects in court for years.\u003c/p>\n\u003cp>Another gives the state Department of Fish and Wildlife new authority to issue permits \u003ca href=\"https://www.senate.ca.gov/sites/senate.ca.gov/files/senate_select_committee_on_infrastructure_streamlining_and_workforce_equity_-_sb_147_fps_final.pdf\">allowing species that are designated “fully protected,” (PDF)\u003c/a> such as the greater sandhill crane and golden eagle, to be harmed by similar types of projects.\u003c/p>\n\u003cp>The compromise that Newsom and lawmakers reached seems to have accomplished what compromises rarely do: Environmentalists \u003ca href=\"https://calmatters.org/environment/2023/05/gavin-newsom-ceqa-reform/\">who initially criticized Newsom’s package\u003c/a> say they are satisfied with the changes, and businesses and water agencies, which \u003ca href=\"https://antr.assembly.ca.gov/sites/antr.assembly.ca.gov/files/June%207%2C%202022%20Info%20Hearing%20Documents.pdf\">have backed the package from the beginning (PDF)\u003c/a>, support the changes, too.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s good that it’s resolved, and that it’s better than it was and that the budget was able to move forward. But I would say to accelerate clean energy infrastructure, we have a lot more to do as a state.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Victoria Rome, director of California government affairs, Natural Resource Defense Council","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The proposals “are really going to help move the needle on water infrastructure projects that are needed to address the impacts of climate change,” said Adam Quinonez, director of state legislative and regulatory relations at the Association of California Water Agencies.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.nrdc.org/press-releases/california-legislature-strengthens-infrastructure-trailer-bill-package-protect\">changes won over the Natural Resources Defense Council\u003c/a>, which had pages of concerns about the potential environmental harms caused by Newsom’s original proposals, such as \u003ca href=\"https://calmatters.org/environment/2023/06/california-water-lawmakers-newsom-delta/\">provisions that might have expedited the deeply divisive Delta tunnel.\u003c/a>\u003c/p>\n\u003cp>“It’s good that it’s resolved, and that it’s better than it was and that the budget was able to move forward,” said Victoria Rome, the Natural Resource Defense Council’s director of California government affairs. “But I would say to accelerate clean energy infrastructure, we have a lot more to do as a state.”\u003c/p>\n\u003cp>Although the wildlife bill would ease some existing protections, \u003ca href=\"https://ca.audubon.org/contact/mike-lynes\">Mike Lynes\u003c/a>, Audubon California’s director of public policy, hopes that in practice it would actually increase enforcement.\u003c/p>\n\u003cp>“Ultimately, it really will fall on the Department of Fish and Wildlife to make sure that these are good permits, and that the law is enforced,” he said.\u003c/p>\n\u003cp>So what’s in these bills? And what impact will they have on infrastructure projects and the environment?\u003c/p>\n\u003ch2>What’s happening with CEQA?\u003c/h2>\n\u003cp>One of the bills, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB149\">SB 149,\u003c/a> takes aim at the often lengthy lawsuits brought under CEQA, which tasks public agencies with assessing possible harms of proposed development. Lawsuits by the public and advocacy groups can entangle projects like housing developments, highway interchanges, and solar farms for years.\u003c/p>\n\u003cp>The bill would set a 270-day limit for wrapping up these environmental challenges for water, energy, transportation and semiconductor projects. The projects must be \u003ca href=\"https://www.senate.ca.gov/sites/senate.ca.gov/files/senate_select_committee_on_infrastructure_streamlining_and_workforce_equity_-_sb_149_ceqa_judicial_streamlining_final.pdf\">certified by the governor by 2033 (PDF)\u003c/a> and meet certain criteria. These could potentially include water recycling plants, aqueduct repair, bikeways and railways, wildlife crossings, solar and wind farms, zero-emission vehicle infrastructure, among others.\u003c/p>\n\u003cp>In a nod to concerns that \u003ca href=\"https://calmatters.org/environment/2023/06/california-water-lawmakers-newsom-delta/\">this would expedite the Delta tunnel\u003c/a>, there’s now an explicit carveout saying that particular water project no longer qualifies for the faster timeline. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"california-energy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>There’s a big caveat, though: The 270-day limit only applies “to the extent feasible” — a decision that judges would make.\u003c/p>\n\u003cp>So will the time limit actually speed up cases? That remains to be seen, said \u003ca href=\"https://www.nrdc.org/bio/david-pettit\">David Pettit\u003c/a>, senior attorney at the Natural Resources Defense Council. “I think it sends a signal to the judiciary that the Legislature wants these cases hustled up,” Pettit said.\u003c/p>\n\u003cp>But in practice, he said, there are other major time sinks for the legal process beyond the length of litigation, such as preparing the paperwork behind an agency’s environmental assessment to create what’s called the administrative record. This is critical ammunition in legal challenges.\u003c/p>\n\u003cp>Newsom’s original version of the bill sparked a battle over which emails should be disclosed in the administrative record by excluding any internal communications that didn’t make it to the final decision makers. Assembly consultants warned this could allow state agencies to pick and choose which documents to disclose.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Now, under the latest iteration, all emails related to the project must continue to be revealed in the administrative record, and only emails over minutia like scheduling can be excluded.\u003c/p>\n\u003cp>“The bottom line is most emails that are actually pertinent to the project — not like, ‘How about those Dodgers?’ — they will go into the record,” Pettit said. “That is important, because sometimes people will talk candidly over email in a way that others might not.”\u003c/p>\n\u003ch2>What are the effects on wildlife?\u003c/h2>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB147\">SB 147\u003c/a> would allow projects to \u003ca href=\"https://www.senate.ca.gov/infrastructure-streamlining-and-workforce-equity\">receive permits to kill certain wildlife species\u003c/a> \u003ca href=\"https://wildlife.ca.gov/Conservation/Fully-Protected\">that are classified as “fully protected.”\u003c/a> Thirty-seven species — including the golden eagle, greater sandhill crane, bighorn sheep, several coastal marsh birds, 10 fish and several reptiles and amphibians — are listed as fully protected.\u003c/p>\n\u003cp>Under the bill, only certain types of projects that are considered beneficial to the public could get the new permits, including repairing aqueducts and other water infrastructure, building wind and solar installations, and transportation projects, including wildlife crossings, that don’t increase traffic.\u003c/p>\n\u003cp>State and federal Endangered Species Acts would still protect rare wildlife and be unaffected by the bill. But it would alter another, stronger protection under state law: “Fully protected” species \u003ca href=\"https://environs.law.ucdavis.edu/volumes/44/2/Biber.pdf\">began in the 1960s (PDF)\u003c/a> as part of an early effort to protect California’s animals, such as the \u003ca href=\"https://wildlife.ca.gov/Conservation/Fully-Protected\">California condor and southern sea otter.\u003c/a> Of those, all but 10 are also listed under the California Endangered Species Act.\u003c/p>\n\u003cfigure id=\"attachment_11954599\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11954599\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923.jpg\" alt=\"A falcon flies in the sky with the Bay Bridge in the background.\" width=\"1568\" height=\"1046\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923.jpg 1568w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/peregrine-falcon-ap-062923-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A peregrine falcon flies over the Bay Bridge in San Francisco. The falcons would no longer be classified as a ‘fully protected species’ under the infrastructure bills. \u003ccite>(Marcio Jose Sanchez/AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Unlike the endangered species acts, which allow wildlife agencies to grant permission to “take” or harm a species, so-called “fully protected” species cannot be killed except in rare cases, such as scientific research.\u003c/p>\n\u003cp>To obtain the new permits, developers and other applicants would need to show that their plans to compensate for the harm to these species actually improves conservation — a more stringent standard than required by the California Endangered Species Act.\u003c/p>\n\u003cp>This addresses an enforcement gap: Regulators have little authority to make developers work with them to ensure projects take steps to reduce their impacts on those species. “There’s no hook for the regulatory agencies to demand avoidance and mitigation measures, because they’re unwilling to enforce the laws as written,” Audubon’s Lynes said.\u003c/p>\n\u003cp>Fish and Wildlife Director Chuck Bonham told a Senate committee that without a permit process to allow harm to fully protected species, project developers are left with little recourse if their projects could disrupt these animals. As a result, “every project proponent faces an unnecessary risk for project planning, financing and construction.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We certainly don’t want to be reducing protections for pelicans and peregrine falcons, but it’s also understandable to be looking to transition them off the list.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Mike Lynes, director of public policy, Audubon California","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Three species would also lose their status as fully protected: the American peregrine falcon, brown pelican and a fish called the thicktail chub. The falcon and pelican had been listed as endangered species but are now considered recovered, largely due to the 1972 ban on the pesticide DDT; \u003ca href=\"http://www.nativefishlab.net/library/textpdf/18493.pdf\">the chub is considered extinct (PDF).\u003c/a>\u003c/p>\n\u003cp>“We certainly don’t want to be reducing protections for pelicans and peregrine falcons, but it’s also understandable to be looking to transition them off the list,” Lynes said.\u003c/p>\n\u003cp>The latest version overhauls Newsom’s original proposal to scrap the “fully protected” designation entirely, which environmentalists worried would significantly weaken protections for these species. Delta communities were especially concerned, seeing it as one of several moves to push the Delta tunnel project forward by targeting the greater sandhill crane, which winters in the region.\u003c/p>\n\u003cp>The new version of the bill explicitly says that a Delta tunnel project would not qualify for permits to take the crane or any other fully protected species.\u003c/p>\n\u003ch2>Will this actually streamline projects?\u003c/h2>\n\u003cp>The multibillion-dollar question is whether these regulations will \u003ca href=\"https://calmatters.org/environment/2023/05/gavin-newsom-ceqa-reform/\">actually help California build big things faster\u003c/a>.\u003c/p>\n\u003cp>The Newsom administration said they are critical to bolster California’s chances when competing against other states for $28 billion in discretionary funds from the federal Infrastructure Investment and Jobs Act and the Inflation Reduction Act.\u003c/p>\n\u003cp>“It’s going to be extremely difficult if not impossible to draw a straight line that if you pass judicial streamlining, we get the federal dollars here in California,” said Adam Regele, a vice president at the California Chamber of Commerce. “But what it does do is it makes us more competitive.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘How do we know that this package will actually speed things up? Because I’m not seeing it.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"David Pettit, senior attorney, Natural Resources Defense Council.","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Natural Resources Defense Council’s Pettit is skeptical that this will in fact streamline lengthy and litigious approvals under CEQA. He pointed to the loophole establishing a nine-month time limit for court challenges only “to the extent feasible.”\u003c/p>\n\u003cp>“How do we know that this package will actually speed things up? Because I’m not seeing it,” Pettit said.\u003c/p>\n\u003cp>Newsom’s deputy communications director, Alex Stack, said he couldn’t name any specific projects that would benefit or ones that had been specifically denied federal funding because of California’s existing laws.\u003c/p>\n\u003cp>But he said he expects the bills to cut the timeline for major builds in California by up to almost a third. That includes for transit projects, wind and solar installations, semiconductor plants and water storage projects like Sites reservoir.\u003c/p>\n\u003cp>“It’s climate denial to preserve the status quo — to delay these projects is to delay climate action, clean energy, safe drinking water, and put millions more Californians at risk of devastating climate impacts,” Stack told CalMatters last week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11954531/will-californias-infrastructure-deal-speed-up-water-clean-energy-projects","authors":["byline_news_11954531"],"categories":["news_19906","news_8"],"tags":["news_32158","news_20447","news_4248","news_21349","news_24695","news_21863","news_28872","news_1730","news_30285","news_1307","news_464","news_32878"],"affiliates":["news_18481"],"featImg":"news_11954600","label":"source_news_11954531"},"news_11941907":{"type":"posts","id":"news_11941907","meta":{"index":"posts_1591205157","site":"news","id":"11941907","score":null,"sort":[1677374247000]},"guestAuthors":[],"slug":"appeals-court-sends-uc-berkeley-back-to-the-drawing-board-on-peoples-park-development","title":"Appeals Court Sends UC Berkeley Back to the Drawing Board on People's Park Development","publishDate":1677374247,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 2 p.m. Sunday\u003c/em>\u003c/p>\n\u003cp>An appeals court has ruled that UC Berkeley may not move forward with plans to build student housing on People’s Park until it addresses problems within the project’s environmental impact report.\u003c/p>\n\u003cp>The 1st District Court of Appeals \u003ca href=\"https://www.courts.ca.gov/opinions/documents/A165451.PDF\">issued a unanimous decision (PDF)\u003c/a> Friday to overturn a July 2022 ruling that allowed the university to begin construction on housing for roughly 1,100 students as well as 125 lower-income and unhoused residents.[pullquote align=\"right\" size=\"medium\" citation=\"UC Berkeley\"]'Left in place, this decision will indefinitely delay all of UC Berkeley's planned student housing, which is desperately needed by our students and fully supported by the City of Berkeley's mayor and other elected representatives.'[/pullquote]“The EIR failed to justify the decision not to consider alternative locations to the People’s Park project,” the ruling reads. “In addition, it failed to assess potential noise impacts from loud student parties in residential neighborhoods near the campus, a long-standing problem that the EIR improperly dismissed as speculative.”\u003c/p>\n\u003cp>In a statement, UC Berkeley vowed to appeal the case to the state's supreme court.\u003c/p>\n\u003cp>\"Left in place, this decision will indefinitely delay all of UC Berkeley's planned student housing, which is desperately needed by our students and fully supported by the City of Berkeley's mayor and other elected representatives,\" the university wrote.\u003c/p>\n\u003cp>The ruling stems from a 2021 lawsuit filed by neighbors and activists concerned about the influx of student residents adversely affecting the neighborhood and seeking to preserve People’s Park as a historic landmark of student protest and a residence and resource site for unhoused residents.\u003c/p>\n\u003cp>“Our decision does not require the Regents to abandon the People’s Park project. However, they must return to the trial court and fix the errors in the EIR,” the decision reads.\u003c/p>\n\u003cp>Harvey Smith, president of the \u003ca href=\"https://www.peoplesparkhxdist.org/\">People's Park Historic District Advocacy Group \u003c/a>— one of the plaintiffs in the case — said even though the court's decision seemed like a \"win\" because they \"decided in our favor,\" he expressed disappointment that UC Berkeley was still going ahead with their decision to build student housing on People's Park.[aside label=\"Related Stories\" postID=\"forum_2010101890205,news_11921415,news_11861666\"]\"[UC Berkeley] is stubborn, arrogant, and they want to continue fighting this rather than take the more reasonable course of saying … let’s move on\" he said. \"They have 15 alternative sites that they have enumerated.\"\u003c/p>\n\u003cp>Apart from deciding the future of People’s Park, many are watching the case for the effects it could have on a contentious state environmental law.\u003c/p>\n\u003cp>The California Environmental Quality Act (CEQA) requires that builders and local governments analyze the environmental impacts of proposed development projects and work to mitigate them.\u003c/p>\n\u003cp>Critics of the law have long argued that it has been abused by those opposed to developments near their homes and businesses as a way to block or delay new housing under the pretense of seeking more information to assess environmental concerns.\u003c/p>\n\u003cp>With the appellate court now ruling that the university should consider the noise impact from student parties, some worry CEQA (pronounced see-kwuh) will now be applied in similar fashion elsewhere, blocking or delaying housing development across California.\u003c/p>\n\u003cp>\"This decision has the potential to prevent colleges and universities across the State of California from providing students with the housing they need and deserve,\" the university wrote. \"This decision bestows new privileges and power to the privileged and powerful by arming NIMBY neighbors with additional weapons to obstruct the development of all new urban housing.\"\u003c/p>\n\u003cp>California state Senator Scott Wiener vented his frustration with what he called \"an absurd and dangerous\" ruling on Twitter, vowing legislative action.\u003c/p>\n\u003cblockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n\u003cp lang=\"en\" dir=\"ltr\">The Court of Appeal just issued an absurd & dangerous ruling that people are pollution & CEQA requires evaluation of the type of people who will live in proposed new housing.\u003c/p>\n\u003cp>We’ll shortly introduce legislation to put an end to this nonsense. Stay tuned. \u003ca href=\"https://t.co/472falo0u1\">https://t.co/472falo0u1\u003c/a>\u003c/p>\n\u003cp>— Senator Scott Wiener (@Scott_Wiener) \u003ca href=\"https://twitter.com/Scott_Wiener/status/1629508923404460032?ref_src=twsrc%5Etfw\">February 25, 2023\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cscript async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\">\u003c/script>\u003c/p>\n\u003cp>The court seemed to anticipate this backlash in their ruling.\u003c/p>\n\u003cp>“We are, of course, aware of the public interest in this case … We do not take sides on policy issues,” the judges wrote. “Our task is limited. We must apply the laws that the Legislature has written to the facts in the record.”\u003c/p>\n\u003cp>“We agree that the Legislature did not intend CEQA to be used as a redlining weapon by neighbors who oppose projects based on prejudice rather than environmental concerns,” the judges added later in the 47-page decision.\u003c/p>\n\u003cp>Harvey Smith insists that the university's concern over the impact to CEQA is a red herring, and that the goal of plaintiffs is not to block student housing, but to preserve the park.[pullquote align=\"right\" size=\"medium\" citation=\"Harvey Smith, president, People's Park Historic District Advocacy Group\"]'[UC Berkeley] is stubborn, arrogant, and they want to continue fighting this rather than take the more reasonable course of saying … let’s move on.'[/pullquote]\"Our group is definitely in favor of student housing. Just put it in a spot that's appropriate ... and People's Park is totally inappropriate,\" Smith said. \"It's a historic site ... open space in that part of Berkeley is desperately needed.\"\u003c/p>\n\u003cp>Tim Iglesias, professor emeritus of the University of San Francisco School of Law, said this decision would require any person proposing a development to look into and consider so-called \"social noise\" and \"indirect displacement,\" which he said could be \"very problematic going forward for other developments.\" Ultimately, Iglesias said he believes the ruling will increase political pressure to reform CEQA.\u003c/p>\n\u003cp>Chris Elmendorf, law professor at UC Davis, sees at least three potential routes to CEQA reform: a bill through the Legislature; CEQA guidelines (issued by the governor's Office of Planning and Research, and the Natural Resources Agency); or a ballot measure.\u003c/p>\n\u003cp>Elmendorf said the ruling is both interesting and troubling. “They put the People's Park project on hold until the city goes back and does its environmental study with more analysis of potential alternative sites for the project and more analysis of the potential for the project to generate social noise from boisterous students in residential neighborhoods.”\u003c/p>\n\u003cp>Elmendorf describes this as troubling because it extends CEQA to require analysis not only of the effects of noise that might be generated by a project “but also noise and other behaviors that may be attributable to the people brought into a neighborhood or a community by a project.” Elmendorf says the implications could go beyond universities.\u003c/p>\n\u003cp>The ruling by three judges is the latest\u003ca href=\"https://www.kqed.org/arts/13917145/a-brief-history-battle-peoples-park-berkeley-protests\"> in a series of delays and obstacles\u003c/a> for UC Berkeley’s $312 million plans for the park.\u003c/p>\n\u003cp>Although the university was given the green light to begin work last summer, groups of students and activists flocked to People’s Park to protest the project and the displacement of unhoused neighbors. Fences erected for the work were pulled down and construction equipment was sabotaged. Soon after, a judge granted a temporary stay order halting construction.\u003c/p>\n\u003cp>As noted in the ruling, UC Berkeley has an acute need for more student housing.\u003c/p>\n\u003cp>“UC Berkeley provides housing for only 23 percent of its students, by far the lowest percentage in the UC system. For years, enrollment increases have outpaced new student housing,” the decision reads.\u003c/p>\n\u003cp>\u003cem>KQED's Anaïs-Ophelia Lino and Annelise Finney contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The court, citing a contentious environmental law, ruled that UC Berkeley fails to address 'potential noise impacts from loud student parties' in its environmental impact report.","status":"publish","parent":0,"modified":1677528847,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1285},"headData":{"title":"Appeals Court Sends UC Berkeley Back to the Drawing Board on People's Park Development | KQED","description":"The court, citing a contentious environmental law, ruled that UC Berkeley fails to address 'potential noise impacts from loud student parties' in its environmental impact report.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Appeals Court Sends UC Berkeley Back to the Drawing Board on People's Park Development","datePublished":"2023-02-26T01:17:27.000Z","dateModified":"2023-02-27T20:14:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11941907/appeals-court-sends-uc-berkeley-back-to-the-drawing-board-on-peoples-park-development","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2 p.m. Sunday\u003c/em>\u003c/p>\n\u003cp>An appeals court has ruled that UC Berkeley may not move forward with plans to build student housing on People’s Park until it addresses problems within the project’s environmental impact report.\u003c/p>\n\u003cp>The 1st District Court of Appeals \u003ca href=\"https://www.courts.ca.gov/opinions/documents/A165451.PDF\">issued a unanimous decision (PDF)\u003c/a> Friday to overturn a July 2022 ruling that allowed the university to begin construction on housing for roughly 1,100 students as well as 125 lower-income and unhoused residents.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Left in place, this decision will indefinitely delay all of UC Berkeley's planned student housing, which is desperately needed by our students and fully supported by the City of Berkeley's mayor and other elected representatives.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"UC Berkeley","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“The EIR failed to justify the decision not to consider alternative locations to the People’s Park project,” the ruling reads. “In addition, it failed to assess potential noise impacts from loud student parties in residential neighborhoods near the campus, a long-standing problem that the EIR improperly dismissed as speculative.”\u003c/p>\n\u003cp>In a statement, UC Berkeley vowed to appeal the case to the state's supreme court.\u003c/p>\n\u003cp>\"Left in place, this decision will indefinitely delay all of UC Berkeley's planned student housing, which is desperately needed by our students and fully supported by the City of Berkeley's mayor and other elected representatives,\" the university wrote.\u003c/p>\n\u003cp>The ruling stems from a 2021 lawsuit filed by neighbors and activists concerned about the influx of student residents adversely affecting the neighborhood and seeking to preserve People’s Park as a historic landmark of student protest and a residence and resource site for unhoused residents.\u003c/p>\n\u003cp>“Our decision does not require the Regents to abandon the People’s Park project. However, they must return to the trial court and fix the errors in the EIR,” the decision reads.\u003c/p>\n\u003cp>Harvey Smith, president of the \u003ca href=\"https://www.peoplesparkhxdist.org/\">People's Park Historic District Advocacy Group \u003c/a>— one of the plaintiffs in the case — said even though the court's decision seemed like a \"win\" because they \"decided in our favor,\" he expressed disappointment that UC Berkeley was still going ahead with their decision to build student housing on People's Park.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"forum_2010101890205,news_11921415,news_11861666"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"[UC Berkeley] is stubborn, arrogant, and they want to continue fighting this rather than take the more reasonable course of saying … let’s move on\" he said. \"They have 15 alternative sites that they have enumerated.\"\u003c/p>\n\u003cp>Apart from deciding the future of People’s Park, many are watching the case for the effects it could have on a contentious state environmental law.\u003c/p>\n\u003cp>The California Environmental Quality Act (CEQA) requires that builders and local governments analyze the environmental impacts of proposed development projects and work to mitigate them.\u003c/p>\n\u003cp>Critics of the law have long argued that it has been abused by those opposed to developments near their homes and businesses as a way to block or delay new housing under the pretense of seeking more information to assess environmental concerns.\u003c/p>\n\u003cp>With the appellate court now ruling that the university should consider the noise impact from student parties, some worry CEQA (pronounced see-kwuh) will now be applied in similar fashion elsewhere, blocking or delaying housing development across California.\u003c/p>\n\u003cp>\"This decision has the potential to prevent colleges and universities across the State of California from providing students with the housing they need and deserve,\" the university wrote. \"This decision bestows new privileges and power to the privileged and powerful by arming NIMBY neighbors with additional weapons to obstruct the development of all new urban housing.\"\u003c/p>\n\u003cp>California state Senator Scott Wiener vented his frustration with what he called \"an absurd and dangerous\" ruling on Twitter, vowing legislative action.\u003c/p>\n\u003cblockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n\u003cp lang=\"en\" dir=\"ltr\">The Court of Appeal just issued an absurd & dangerous ruling that people are pollution & CEQA requires evaluation of the type of people who will live in proposed new housing.\u003c/p>\n\u003cp>We’ll shortly introduce legislation to put an end to this nonsense. Stay tuned. \u003ca href=\"https://t.co/472falo0u1\">https://t.co/472falo0u1\u003c/a>\u003c/p>\n\u003cp>— Senator Scott Wiener (@Scott_Wiener) \u003ca href=\"https://twitter.com/Scott_Wiener/status/1629508923404460032?ref_src=twsrc%5Etfw\">February 25, 2023\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cscript async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\">\u003c/script>\u003c/p>\n\u003cp>The court seemed to anticipate this backlash in their ruling.\u003c/p>\n\u003cp>“We are, of course, aware of the public interest in this case … We do not take sides on policy issues,” the judges wrote. “Our task is limited. We must apply the laws that the Legislature has written to the facts in the record.”\u003c/p>\n\u003cp>“We agree that the Legislature did not intend CEQA to be used as a redlining weapon by neighbors who oppose projects based on prejudice rather than environmental concerns,” the judges added later in the 47-page decision.\u003c/p>\n\u003cp>Harvey Smith insists that the university's concern over the impact to CEQA is a red herring, and that the goal of plaintiffs is not to block student housing, but to preserve the park.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[UC Berkeley] is stubborn, arrogant, and they want to continue fighting this rather than take the more reasonable course of saying … let’s move on.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Harvey Smith, president, People's Park Historic District Advocacy Group","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"Our group is definitely in favor of student housing. Just put it in a spot that's appropriate ... and People's Park is totally inappropriate,\" Smith said. \"It's a historic site ... open space in that part of Berkeley is desperately needed.\"\u003c/p>\n\u003cp>Tim Iglesias, professor emeritus of the University of San Francisco School of Law, said this decision would require any person proposing a development to look into and consider so-called \"social noise\" and \"indirect displacement,\" which he said could be \"very problematic going forward for other developments.\" Ultimately, Iglesias said he believes the ruling will increase political pressure to reform CEQA.\u003c/p>\n\u003cp>Chris Elmendorf, law professor at UC Davis, sees at least three potential routes to CEQA reform: a bill through the Legislature; CEQA guidelines (issued by the governor's Office of Planning and Research, and the Natural Resources Agency); or a ballot measure.\u003c/p>\n\u003cp>Elmendorf said the ruling is both interesting and troubling. “They put the People's Park project on hold until the city goes back and does its environmental study with more analysis of potential alternative sites for the project and more analysis of the potential for the project to generate social noise from boisterous students in residential neighborhoods.”\u003c/p>\n\u003cp>Elmendorf describes this as troubling because it extends CEQA to require analysis not only of the effects of noise that might be generated by a project “but also noise and other behaviors that may be attributable to the people brought into a neighborhood or a community by a project.” Elmendorf says the implications could go beyond universities.\u003c/p>\n\u003cp>The ruling by three judges is the latest\u003ca href=\"https://www.kqed.org/arts/13917145/a-brief-history-battle-peoples-park-berkeley-protests\"> in a series of delays and obstacles\u003c/a> for UC Berkeley’s $312 million plans for the park.\u003c/p>\n\u003cp>Although the university was given the green light to begin work last summer, groups of students and activists flocked to People’s Park to protest the project and the displacement of unhoused neighbors. Fences erected for the work were pulled down and construction equipment was sabotaged. Soon after, a judge granted a temporary stay order halting construction.\u003c/p>\n\u003cp>As noted in the ruling, UC Berkeley has an acute need for more student housing.\u003c/p>\n\u003cp>“UC Berkeley provides housing for only 23 percent of its students, by far the lowest percentage in the UC system. For years, enrollment increases have outpaced new student housing,” the decision reads.\u003c/p>\n\u003cp>\u003cem>KQED's Anaïs-Ophelia Lino and Annelise Finney contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11941907/appeals-court-sends-uc-berkeley-back-to-the-drawing-board-on-peoples-park-development","authors":["11761"],"categories":["news_6266","news_8"],"tags":["news_20472","news_4248","news_27626","news_20305","news_1217","news_17597"],"featImg":"news_11941913","label":"news"},"news_11930373":{"type":"posts","id":"news_11930373","meta":{"index":"posts_1591205157","site":"news","id":"11930373","score":null,"sort":[1667430096000]},"guestAuthors":[],"slug":"oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms","title":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms","publishDate":1667430096,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>An Oakland environmental justice group has filed suit against the city for allegedly issuing rubber-stamp approvals for indoor cannabis growing operations without conducting state-mandated reviews of their potential for polluting air and water and harming human health.\u003c/p>\n\u003cp>In \u003ca href=\"https://s3.documentcloud.org/documents/23257191/environmental-democracy-project-v-city-of-oakland-et-al.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a complaint\u003c/a> filed October 21 in Alameda County Superior Court, the Environmental Democracy Project charges the city with having exempted more than 200 indoor pot grows from the requirements of the California Environmental Quality Act, or CEQA, without any analysis of their effects.\u003c/p>\n\u003cp>The indoor growing operations are generally located in Oakland's \"Green Zone,\" which the city designated several years ago for industrial cannabis operations. In East Oakland, the zone is adjacent to communities of color that experience high rates of poverty and have long suffered from excessive levels of air pollution and other toxic exposures.[pullquote size=\"medium\" align=\"right\" citation=\"Tanya Boyce, executive director, Environmental Democracy Project\"]'What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community.'[/pullquote]\u003c/p>\n\u003cp>\"Approving hundreds of cannabis cultivation facilities without any environmental review is yet another example of the city’s practice of targeting East Oakland for projects that wealthier Oakland neighborhoods do not want,\" the suit says.\u003c/p>\n\u003cp>The complaint says the city has failed to carry out the state-mandated CEQA reviews despite the known environmental impacts of indoor cannabis cultivation. Those impacts include air pollution, the generation of hazardous waste, and the need for huge amounts of water and electricity.\u003c/p>\n\u003cp>The Oakland City Attorney's Office said it had no comment on the suit.\u003c/p>\n\u003cp>Tanya Boyce, executive director of the Environmental Democracy Project, said that in addition to violating state law, the granting of blanket environmental exemptions runs counter to \u003ca href=\"https://cao-94612.s3.amazonaws.com/documents/Oakland-ECAP-07-24.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Oakland's Equitable Climate Action Plan\u003c/a>, adopted in July 2020.[aside postID=\"news_11920767,news_11911263,news_11908979\" label=\"Related Posts\"]The plan outlines the health and other impacts suffered by what the city terms \"frontline communities\" — those that have borne the brunt of past policies and are likely to face the worst consequences of the climate crisis — and prescribes dozens of actions the city will take in response.\u003c/p>\n\u003cp>The plan \"does a great job of documenting the harms that have been done to communities of color in Oakland over the years,\" Boyce said. She points out that among the steps the city pledges to take in the future are changes in the planning and permitting process to help ensure that those harms don't continue.\u003c/p>\n\u003cp>\"What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community,\" Boyce said.\u003c/p>\n\u003cp>\"What we're doing is calling out the hypocrisy and asking that the city's actions actually line up with the beautiful plans that we make,\" she added.\u003c/p>\n\u003cp>The lawsuit comes weeks after the Environmental Democracy Project and residents of a historic live/work warehouse on San Leandro Street finally prevailed \u003ca href=\"https://www.kqed.org/news/11918216/environmental-groups-line-up-behind-residents-to-try-to-shut-down-diesel-generators-at-oakland-cannabis-facility\" target=\"_blank\" rel=\"noopener noreferrer\">in a long struggle\u003c/a> to force a property owner to remove a set of massive diesel generators that had been installed without permits to power cannabis growing operations. The Denver-based owner, called Green Sage, subsequently lost the property in a foreclosure sale, and cannabis operations have been shut down until PG&E and a new owner complete electrical upgrades.\u003c/p>\n\u003cp>The new EDP complaint outlines the city's protocol for granting environmental approvals to cannabis operators. The process requires prospective dispensaries, delivery services, cultivators and others to file simple CEQA checklists describing their proposed sites and the scale of their operations.\u003c/p>\n\u003cp>Among the questions the checklist asks is, \"Have you incorporated any measures into your project to mitigate or reduce potential environmental impacts?\"\u003c/p>\n\u003cp>Typical answers include operators saying they'll sign up for electricity from renewable sources — as the city requires — and promises to use efficient light fixtures. In return for pledges like that, the Environmental Democracy Project lawsuit says, the city grants a virtually automatic notice that indoor grows won't be using fossil fuels and are exempt from environmental review.\u003c/p>\n\u003cp>As further grounds for approval without review, the city indicates in its notices that indoor cultivation is \"categorically exempt\" when it involves \"existing facilities\" — even when a garage or other indoor facility is being converted into energy-intensive growing space. Projects are also exempt, the city notices say, when projects are in line with existing city zoning and ordinances.\u003c/p>\n\u003cp>The lawsuit claims that each of the city's grounds for exemption violates CEQA requirements. It notes that the law permits only minor alterations to a facility without triggering an environmental review and argues that \"the conversion of storage warehouses, factories, auto shops, and other existing structures into state-of-the-art 'grow rooms' ... are in fact wholly new uses — not minor modifications to an existing use.\"\u003c/p>\n\u003cp>The converted properties may require major renovations and the installation of specialized equipment including high-intensity lighting, carbon dioxide generation, ventilation, irrigation, climate control, diesel truck trips and generators \"requiring massive amounts of electricity, water, and alterations to the site.\"\u003c/p>\n\u003cp>The EDP complaint calls the city's requirement that indoor growers sign up for a renewable power supply \"meaningless greenwashing.\" That charge is based in part on studies that show that California lacks enough renewable electricity — power generally coming mostly from solar or wind farms — to run the indoor cannabis grows in the state.\u003c/p>\n\u003cp>The complaint cites the recent example of the San Leandro Street facility where the property owners and cannabis operators had installed as many as \u003ca href=\"https://www.kqed.org/news/11908979/a-denver-based-firm-is-using-huge-diesel-generators-to-grow-cannabis-in-east-oakland-now-the-city-is-trying-to-shut-them-down\" target=\"_blank\" rel=\"noopener noreferrer\">a dozen huge, unpermitted diesel generators\u003c/a> because existing conventional power supplies could deliver only a small fraction of the power needed for indoor pot cultivation.\u003c/p>\n\u003cp>One of the growers at that facility promised to use “high energy efficiency bulbs, low flow toilets and water systems, and a strict recycling program ... to mitigate our environmental impacts,\" the complaint says. But following city approval, the growers \"operated massive diesel-fired generators 24 hours a day for two years because the facility lacked power supply from the grid — yet another example of the city’s pattern and practice of violating CEQA at the expense of the overburdened communities of color in which these facilities are located.\"\u003c/p>\n\u003cp>The suit asks Alameda County Superior Court to block CEQA exemptions that were granted to two other East Oakland indoor growing facilities, one on Kevin Court near the Oakland Coliseum, the second on Hegenberger Place near the Brookfield Village neighborhood. The complaint also seeks a finding that the city is in violation of CEQA and to block it from approving any new indoor grows until it complies with the law. The first hearing in the case is set for November 21.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Environmental Democracy Project says the city is violating state law by granting virtually automatic approvals to cannabis growing operations with no environmental reviews.","status":"publish","parent":0,"modified":1667492096,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1165},"headData":{"title":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms | KQED","description":"Environmental Democracy Project says the city is violating state law by granting virtually automatic approvals to cannabis growing operations with no environmental reviews.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms","datePublished":"2022-11-02T23:01:36.000Z","dateModified":"2022-11-03T16:14:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11930373 https://ww2.kqed.org/news/?p=11930373","disqusUrl":"https://ww2.kqed.org/news/2022/11/02/oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms/","disqusTitle":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms","excludeFromSiteSearch":"Include","path":"/news/11930373/oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>An Oakland environmental justice group has filed suit against the city for allegedly issuing rubber-stamp approvals for indoor cannabis growing operations without conducting state-mandated reviews of their potential for polluting air and water and harming human health.\u003c/p>\n\u003cp>In \u003ca href=\"https://s3.documentcloud.org/documents/23257191/environmental-democracy-project-v-city-of-oakland-et-al.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a complaint\u003c/a> filed October 21 in Alameda County Superior Court, the Environmental Democracy Project charges the city with having exempted more than 200 indoor pot grows from the requirements of the California Environmental Quality Act, or CEQA, without any analysis of their effects.\u003c/p>\n\u003cp>The indoor growing operations are generally located in Oakland's \"Green Zone,\" which the city designated several years ago for industrial cannabis operations. In East Oakland, the zone is adjacent to communities of color that experience high rates of poverty and have long suffered from excessive levels of air pollution and other toxic exposures.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Tanya Boyce, executive director, Environmental Democracy Project","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Approving hundreds of cannabis cultivation facilities without any environmental review is yet another example of the city’s practice of targeting East Oakland for projects that wealthier Oakland neighborhoods do not want,\" the suit says.\u003c/p>\n\u003cp>The complaint says the city has failed to carry out the state-mandated CEQA reviews despite the known environmental impacts of indoor cannabis cultivation. Those impacts include air pollution, the generation of hazardous waste, and the need for huge amounts of water and electricity.\u003c/p>\n\u003cp>The Oakland City Attorney's Office said it had no comment on the suit.\u003c/p>\n\u003cp>Tanya Boyce, executive director of the Environmental Democracy Project, said that in addition to violating state law, the granting of blanket environmental exemptions runs counter to \u003ca href=\"https://cao-94612.s3.amazonaws.com/documents/Oakland-ECAP-07-24.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Oakland's Equitable Climate Action Plan\u003c/a>, adopted in July 2020.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11920767,news_11911263,news_11908979","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The plan outlines the health and other impacts suffered by what the city terms \"frontline communities\" — those that have borne the brunt of past policies and are likely to face the worst consequences of the climate crisis — and prescribes dozens of actions the city will take in response.\u003c/p>\n\u003cp>The plan \"does a great job of documenting the harms that have been done to communities of color in Oakland over the years,\" Boyce said. She points out that among the steps the city pledges to take in the future are changes in the planning and permitting process to help ensure that those harms don't continue.\u003c/p>\n\u003cp>\"What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community,\" Boyce said.\u003c/p>\n\u003cp>\"What we're doing is calling out the hypocrisy and asking that the city's actions actually line up with the beautiful plans that we make,\" she added.\u003c/p>\n\u003cp>The lawsuit comes weeks after the Environmental Democracy Project and residents of a historic live/work warehouse on San Leandro Street finally prevailed \u003ca href=\"https://www.kqed.org/news/11918216/environmental-groups-line-up-behind-residents-to-try-to-shut-down-diesel-generators-at-oakland-cannabis-facility\" target=\"_blank\" rel=\"noopener noreferrer\">in a long struggle\u003c/a> to force a property owner to remove a set of massive diesel generators that had been installed without permits to power cannabis growing operations. The Denver-based owner, called Green Sage, subsequently lost the property in a foreclosure sale, and cannabis operations have been shut down until PG&E and a new owner complete electrical upgrades.\u003c/p>\n\u003cp>The new EDP complaint outlines the city's protocol for granting environmental approvals to cannabis operators. The process requires prospective dispensaries, delivery services, cultivators and others to file simple CEQA checklists describing their proposed sites and the scale of their operations.\u003c/p>\n\u003cp>Among the questions the checklist asks is, \"Have you incorporated any measures into your project to mitigate or reduce potential environmental impacts?\"\u003c/p>\n\u003cp>Typical answers include operators saying they'll sign up for electricity from renewable sources — as the city requires — and promises to use efficient light fixtures. In return for pledges like that, the Environmental Democracy Project lawsuit says, the city grants a virtually automatic notice that indoor grows won't be using fossil fuels and are exempt from environmental review.\u003c/p>\n\u003cp>As further grounds for approval without review, the city indicates in its notices that indoor cultivation is \"categorically exempt\" when it involves \"existing facilities\" — even when a garage or other indoor facility is being converted into energy-intensive growing space. Projects are also exempt, the city notices say, when projects are in line with existing city zoning and ordinances.\u003c/p>\n\u003cp>The lawsuit claims that each of the city's grounds for exemption violates CEQA requirements. It notes that the law permits only minor alterations to a facility without triggering an environmental review and argues that \"the conversion of storage warehouses, factories, auto shops, and other existing structures into state-of-the-art 'grow rooms' ... are in fact wholly new uses — not minor modifications to an existing use.\"\u003c/p>\n\u003cp>The converted properties may require major renovations and the installation of specialized equipment including high-intensity lighting, carbon dioxide generation, ventilation, irrigation, climate control, diesel truck trips and generators \"requiring massive amounts of electricity, water, and alterations to the site.\"\u003c/p>\n\u003cp>The EDP complaint calls the city's requirement that indoor growers sign up for a renewable power supply \"meaningless greenwashing.\" That charge is based in part on studies that show that California lacks enough renewable electricity — power generally coming mostly from solar or wind farms — to run the indoor cannabis grows in the state.\u003c/p>\n\u003cp>The complaint cites the recent example of the San Leandro Street facility where the property owners and cannabis operators had installed as many as \u003ca href=\"https://www.kqed.org/news/11908979/a-denver-based-firm-is-using-huge-diesel-generators-to-grow-cannabis-in-east-oakland-now-the-city-is-trying-to-shut-them-down\" target=\"_blank\" rel=\"noopener noreferrer\">a dozen huge, unpermitted diesel generators\u003c/a> because existing conventional power supplies could deliver only a small fraction of the power needed for indoor pot cultivation.\u003c/p>\n\u003cp>One of the growers at that facility promised to use “high energy efficiency bulbs, low flow toilets and water systems, and a strict recycling program ... to mitigate our environmental impacts,\" the complaint says. But following city approval, the growers \"operated massive diesel-fired generators 24 hours a day for two years because the facility lacked power supply from the grid — yet another example of the city’s pattern and practice of violating CEQA at the expense of the overburdened communities of color in which these facilities are located.\"\u003c/p>\n\u003cp>The suit asks Alameda County Superior Court to block CEQA exemptions that were granted to two other East Oakland indoor growing facilities, one on Kevin Court near the Oakland Coliseum, the second on Hegenberger Place near the Brookfield Village neighborhood. The complaint also seeks a finding that the city is in violation of CEQA and to block it from approving any new indoor grows until it complies with the law. The first hearing in the case is set for November 21.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11930373/oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms","authors":["222"],"categories":["news_8"],"tags":["news_22096","news_4248","news_31940","news_27626","news_18"],"featImg":"news_11924596","label":"news"},"news_11908647":{"type":"posts","id":"news_11908647","meta":{"index":"posts_1591205157","site":"news","id":"11908647","score":null,"sort":[1647645899000]},"guestAuthors":[],"slug":"uc-berkeley-fight-this-week-in-california-news","title":"UC Berkeley Fight | This Week in California News","publishDate":1647645899,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>UC Berkeley Admissions Restored Under Senate Bill 118\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">California legislators acted with unusual speed this week to protect UC Berkeley from the consequences of a court ruling governing the number of students it could admit. Senate Bill 118, which was signed by Gov. Gavin Newsom on Monday, exempts all state universities and colleges from certain portions of the California Environmental Quality Act (CEQA), which had been invoked by a local group suing UC Berkeley. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That group, called Save Berkeley’s Neighborhoods, had sued the university for growing its student population by 30% over the past two decades without doing enough to account for the environmental impact of those students. For now, the university can proceed with its planned enrollment for this fall, but broader questions raised by the lawsuit remain unanswered. We talk to one of the authors of the newly enacted law, Assemblymember Phil Ting from San Francisco. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Assemblymember. Phil Ting, D-San Francisco\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003c/b>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">This week, congressional earmarks — a way for members of Congress to request funding for specific projects in their districts — made their return after a decade of being banned. California is set to get $766 million out of the $1.5 trillion dollar budget that President Joe Biden signed on Tuesday for projects including construction at naval bases and beach replenishment in Southern California. Roughly $100 million is coming to the Bay Area for healthcare, education and transportation projects.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tal Kopan, San Francisco Chronicle Washington, D.C., correspondent\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED politics and government senior editor\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Pacific Pinball Museum\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Bells ring, lights flash, and balls fly at the Pacific Pinball Museum in Alameda, where machines from throughout the decades are on display in this week’s look at Something Beautiful. \u003c/span>\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1647645899,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":304},"headData":{"title":"UC Berkeley Fight | This Week in California News | KQED","description":"UC Berkeley Admissions Restored Under Senate Bill 118 California legislators acted with unusual speed this week to protect UC Berkeley from the consequences of a court ruling governing the number of students it could admit. Senate Bill 118, which was signed by Gov. Gavin Newsom on Monday, exempts all state universities and colleges from certain","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"UC Berkeley Fight | This Week in California News","datePublished":"2022-03-18T23:24:59.000Z","dateModified":"2022-03-18T23:24:59.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11908647 https://ww2.kqed.org/news/?p=11908647","disqusUrl":"https://ww2.kqed.org/news/2022/03/18/uc-berkeley-fight-this-week-in-california-news/","disqusTitle":"UC Berkeley Fight | This Week in California News","videoEmbed":"https://youtu.be/cu1sszMqEtQ","excludeFromSiteSearch":"Include","path":"/news/11908647/uc-berkeley-fight-this-week-in-california-news","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>UC Berkeley Admissions Restored Under Senate Bill 118\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">California legislators acted with unusual speed this week to protect UC Berkeley from the consequences of a court ruling governing the number of students it could admit. Senate Bill 118, which was signed by Gov. Gavin Newsom on Monday, exempts all state universities and colleges from certain portions of the California Environmental Quality Act (CEQA), which had been invoked by a local group suing UC Berkeley. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That group, called Save Berkeley’s Neighborhoods, had sued the university for growing its student population by 30% over the past two decades without doing enough to account for the environmental impact of those students. For now, the university can proceed with its planned enrollment for this fall, but broader questions raised by the lawsuit remain unanswered. We talk to one of the authors of the newly enacted law, Assemblymember Phil Ting from San Francisco. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Assemblymember. Phil Ting, D-San Francisco\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003c/b>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">This week, congressional earmarks — a way for members of Congress to request funding for specific projects in their districts — made their return after a decade of being banned. California is set to get $766 million out of the $1.5 trillion dollar budget that President Joe Biden signed on Tuesday for projects including construction at naval bases and beach replenishment in Southern California. Roughly $100 million is coming to the Bay Area for healthcare, education and transportation projects.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tal Kopan, San Francisco Chronicle Washington, D.C., correspondent\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED politics and government senior editor\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Pacific Pinball Museum\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Bells ring, lights flash, and balls fly at the Pacific Pinball Museum in Alameda, where machines from throughout the decades are on display in this week’s look at Something Beautiful. \u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11908647/uc-berkeley-fight-this-week-in-california-news","authors":["236"],"programs":["news_7052"],"categories":["news_1758","news_19906","news_457","news_6266","news_8","news_13"],"tags":["news_18848","news_25403","news_1386","news_18538","news_4248","news_25015","news_717","news_9","news_20297","news_19177","news_30816","news_38","news_1258","news_30815","news_30814","news_163","news_30632","news_25049","news_17597"],"featImg":"news_11908650","label":"news_7052"},"news_11907925":{"type":"posts","id":"news_11907925","meta":{"index":"posts_1591205157","site":"news","id":"11907925","score":null,"sort":[1647037673000]},"guestAuthors":[],"slug":"legislative-fix-could-let-uc-berkeley-admit-more-students","title":"Legislative Fix Could Let UC Berkeley Admit More Students","publishDate":1647037673,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Democratic lawmakers have agreed to legislation that could let UC Berkeley accept thousands more students this fall, even after a recent ruling forced the school to cap enrollment in a dispute with residents over growth.\u003c/p>\n\u003cp>Senate Bill 118 and Assembly Bill 168, which are identical, were introduced a week after California's high court upheld an earlier ruling that \u003ca href=\"https://www.kqed.org/news/11907093/uc-berkeley-ordered-to-freeze-enrollment-at-2020-levels\">significantly limited freshman enrollment\u003c/a> at one of the nation's most prestigious universities — a move that stunned many state lawmakers, who said it wasn't fair to students who had worked hard to get into the school.\u003c/p>\n\u003cp>The proposal, introduced by Assemblymember Phil Ting, a San Francisco Democrat, would give public universities seeking to increase enrollment more time and flexibility to comply with the California Environmental Quality Act (CEQA) before judges can resort to imposing enrollment caps.\u003c/p>\n\u003cp>It also highlighted how California residents have used a landmark state environmental law to halt the construction of badly needed housing and, in this case, dictate university admissions policies.\u003c/p>\n\u003cp>The proposal would be retroactive and, if approved, make all judgments affecting enrollment unenforceable — allowing UC Berkeley to issue admission letters to thousands of incoming freshman students it had originally planned to take in for the fall 2022 semester, who would otherwise be unable to attend in person.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“To be able to get into University of California, Berkeley, is a huge accomplishment for any student,” said Ting, who is an alum.\u003c/p>\n\u003cp>Following the high court's decision last week, university officials said they would need to reduce planned on-campus enrollment by about 2,600 students to maintain overall enrollment at 2020-21 levels, as well as \u003ca href=\"https://www.kqed.org/news/11907263/uc-berkeley-enrollment-cap-means-deferred-admissions-and-online-classes-for-affected-new-students\">increase online enrollment\u003c/a> and ask some students to delay admission to January 2023.\u003c/p>\n\u003cp>University officials had pleaded with lawmakers for an emergency fix, saying the university needs the tuition revenue and that students should be able to have a vibrant on-campus college experience.\u003c/p>\n\u003cp>\"We appreciate the efforts of state leaders to seek a legislative solution that affirms the university's obligations under CEQA while ensuring that current and prospective students aren't harmed because of uncertainty around current policy,\" university officials said in a statement Friday. \"We are continuing to work on our enrollment mitigation plans as currently required, and will be prepared to adjust as best we can if there is a change in the law.\"\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"uc-berkeley\"]CEQA requires a government evaluation of significant environmental impacts of new building projects, and to find ways to lessen those effects.\u003c/p>\n\u003cp>The 1970 law is aimed at protecting the environment, but has been weaponized in recent years throughout California to slow or stop much-needed development projects, including new affordable housing and transportation.\u003c/p>\n\u003cp>In its 4-2 ruling, the state Supreme Court declined the university's emergency request to lift an enrollment cap ordered last year by an Alameda County Superior Court judge.\u003c/p>\n\u003cp>The judge in that case sided with a group of Berkeley residents who argued that UC Berkeley had failed to examine the impact its enrollment increase would have on noise, safety and housing, as required under the environmental law.\u003c/p>\n\u003cp>He ordered the university to cap student enrollment at its 2020-21 level, of just over 42,000 students, and to suspend construction of a proposed faculty housing and classroom project.\u003c/p>\n\u003cp>The university is still appealing the entire case, but that process could take months or longer — which is why state lawmakers are stepping in, in an effort to override the decision.\u003c/p>\n\u003cp>California Sen. Scott Wiener, another San Francisco Democrat, also has introduced legislation to \u003ca href=\"https://apnews.com/article/education-california-environment-san-francisco-scott-wiener-f688bce1e7a2fe6cdb5c09c4bfdf4217\">exempt from environmental review\u003c/a> future on-campus housing projects for faculty and students at the state's three public higher education systems.\u003c/p>\n\u003cp>\"The Legislature will act quickly — with immediate effect — to ensure we can educate our young people and not turn them away,\" Wiener said in a statement. \"UC is a critical pathway to the middle class for so many young Californians.\"\u003c/p>\n\u003cp>Democrats control both chambers of the Legislature, and the leaders of the Senate and Assembly issued statements Friday in support of the proposal. A committee hearing is scheduled for Monday.\u003c/p>\n\u003cp>Alex Stack, a spokesperson for Gov. Gavin Newsom's office, said the governor appreciates the agreement protecting access to colleges, “which is essential to California’s higher education vision and critical for our workforce and economy.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom, a Democrat, had urged the state Supreme Court to block the enrollment cap.\u003c/p>\n\n","blocks":[],"excerpt":"The new proposal would let UC Berkeley circumvent a recent state Supreme Court ruling, allowing it to admit thousands more on-campus students to its freshman class next fall.\r\n","status":"publish","parent":0,"modified":1647042348,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":751},"headData":{"title":"Legislative Fix Could Let UC Berkeley Admit More Students | KQED","description":"The new proposal would let UC Berkeley circumvent a recent state Supreme Court ruling, allowing it to admit thousands more on-campus students to its freshman class next fall.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Legislative Fix Could Let UC Berkeley Admit More Students","datePublished":"2022-03-11T22:27:53.000Z","dateModified":"2022-03-11T23:45:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11907925 https://ww2.kqed.org/news/?p=11907925","disqusUrl":"https://ww2.kqed.org/news/2022/03/11/legislative-fix-could-let-uc-berkeley-admit-more-students/","disqusTitle":"Legislative Fix Could Let UC Berkeley Admit More Students","nprByline":"Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11907925/legislative-fix-could-let-uc-berkeley-admit-more-students","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Democratic lawmakers have agreed to legislation that could let UC Berkeley accept thousands more students this fall, even after a recent ruling forced the school to cap enrollment in a dispute with residents over growth.\u003c/p>\n\u003cp>Senate Bill 118 and Assembly Bill 168, which are identical, were introduced a week after California's high court upheld an earlier ruling that \u003ca href=\"https://www.kqed.org/news/11907093/uc-berkeley-ordered-to-freeze-enrollment-at-2020-levels\">significantly limited freshman enrollment\u003c/a> at one of the nation's most prestigious universities — a move that stunned many state lawmakers, who said it wasn't fair to students who had worked hard to get into the school.\u003c/p>\n\u003cp>The proposal, introduced by Assemblymember Phil Ting, a San Francisco Democrat, would give public universities seeking to increase enrollment more time and flexibility to comply with the California Environmental Quality Act (CEQA) before judges can resort to imposing enrollment caps.\u003c/p>\n\u003cp>It also highlighted how California residents have used a landmark state environmental law to halt the construction of badly needed housing and, in this case, dictate university admissions policies.\u003c/p>\n\u003cp>The proposal would be retroactive and, if approved, make all judgments affecting enrollment unenforceable — allowing UC Berkeley to issue admission letters to thousands of incoming freshman students it had originally planned to take in for the fall 2022 semester, who would otherwise be unable to attend in person.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“To be able to get into University of California, Berkeley, is a huge accomplishment for any student,” said Ting, who is an alum.\u003c/p>\n\u003cp>Following the high court's decision last week, university officials said they would need to reduce planned on-campus enrollment by about 2,600 students to maintain overall enrollment at 2020-21 levels, as well as \u003ca href=\"https://www.kqed.org/news/11907263/uc-berkeley-enrollment-cap-means-deferred-admissions-and-online-classes-for-affected-new-students\">increase online enrollment\u003c/a> and ask some students to delay admission to January 2023.\u003c/p>\n\u003cp>University officials had pleaded with lawmakers for an emergency fix, saying the university needs the tuition revenue and that students should be able to have a vibrant on-campus college experience.\u003c/p>\n\u003cp>\"We appreciate the efforts of state leaders to seek a legislative solution that affirms the university's obligations under CEQA while ensuring that current and prospective students aren't harmed because of uncertainty around current policy,\" university officials said in a statement Friday. \"We are continuing to work on our enrollment mitigation plans as currently required, and will be prepared to adjust as best we can if there is a change in the law.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"uc-berkeley"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>CEQA requires a government evaluation of significant environmental impacts of new building projects, and to find ways to lessen those effects.\u003c/p>\n\u003cp>The 1970 law is aimed at protecting the environment, but has been weaponized in recent years throughout California to slow or stop much-needed development projects, including new affordable housing and transportation.\u003c/p>\n\u003cp>In its 4-2 ruling, the state Supreme Court declined the university's emergency request to lift an enrollment cap ordered last year by an Alameda County Superior Court judge.\u003c/p>\n\u003cp>The judge in that case sided with a group of Berkeley residents who argued that UC Berkeley had failed to examine the impact its enrollment increase would have on noise, safety and housing, as required under the environmental law.\u003c/p>\n\u003cp>He ordered the university to cap student enrollment at its 2020-21 level, of just over 42,000 students, and to suspend construction of a proposed faculty housing and classroom project.\u003c/p>\n\u003cp>The university is still appealing the entire case, but that process could take months or longer — which is why state lawmakers are stepping in, in an effort to override the decision.\u003c/p>\n\u003cp>California Sen. Scott Wiener, another San Francisco Democrat, also has introduced legislation to \u003ca href=\"https://apnews.com/article/education-california-environment-san-francisco-scott-wiener-f688bce1e7a2fe6cdb5c09c4bfdf4217\">exempt from environmental review\u003c/a> future on-campus housing projects for faculty and students at the state's three public higher education systems.\u003c/p>\n\u003cp>\"The Legislature will act quickly — with immediate effect — to ensure we can educate our young people and not turn them away,\" Wiener said in a statement. \"UC is a critical pathway to the middle class for so many young Californians.\"\u003c/p>\n\u003cp>Democrats control both chambers of the Legislature, and the leaders of the Senate and Assembly issued statements Friday in support of the proposal. A committee hearing is scheduled for Monday.\u003c/p>\n\u003cp>Alex Stack, a spokesperson for Gov. Gavin Newsom's office, said the governor appreciates the agreement protecting access to colleges, “which is essential to California’s higher education vision and critical for our workforce and economy.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom, a Democrat, had urged the state Supreme Court to block the enrollment cap.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11907925/legislative-fix-could-let-uc-berkeley-admit-more-students","authors":["byline_news_11907925"],"categories":["news_18540","news_8"],"tags":["news_4248","news_20013","news_17597"],"featImg":"news_11882247","label":"news"},"news_11904449":{"type":"posts","id":"news_11904449","meta":{"index":"posts_1591205157","site":"news","id":"11904449","score":null,"sort":[1644436077000]},"guestAuthors":[],"slug":"transit-breakdown-literally-barts-big-budget-trouble-anemic-ridership-and-whether-the-normal-commute-will-ever-return","title":"Transit Breakdown (Literally): BART's Big Budget Trouble, Anemic Ridership and Whether the 'Normal' Commute Will Ever Return","publishDate":1644436077,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 8:30 a.m. Thursday, Feb. 10, 2022\u003c/em>\u003c/p>\n\u003cp>[dropcap]A[/dropcap]s far as we know, the coronavirus can't get inside the machinery of a train or bus or ferry boat and actually shut them down. But it might as well be able to. By disrupting the world of work and our travel routines, COVID-19 in all its endless variants is proving to be an affliction from which it will take public transportation years and years to recover.\u003c/p>\n\u003cp>The latest example of the malady — you could call it \"long transit COVID\" — will be on display Thursday and Friday when BART will give the world a glimpse of what its bleak fiscal future holds. Some details, and related transit developments:\u003c/p>\n\u003ch2>Will ridership (and revenues and budgets) ever return to 'normal'?\u003c/h2>\n\u003cp>The BART board of directors will hear \u003ca href=\"https://s3.documentcloud.org/documents/21199224/bart-fiscal-outlook-february-2022-presentation.pdf\">a presentation Thursday\u003c/a> showing that due in large part to the continued very slow return of ridership, the district will exhaust federal emergency funding over the next two fiscal years.\u003c/p>\n\u003cp>Going forward, BART doesn't see ridership numbers recovering to pre-pandemic levels for many years. Under its best-case projection, that won't happen until 2029-30. The \"base case\" budget assumption — midway between the worst-case and best-case scenarios — doesn't forecast that happening within the next decade, period, even with the addition of new service to downtown San Jose sometime around 2030. In terms of budget forecasts, BART staff says that without some major new revenue sources, the agency will begin running a deficit sometime in the first half of 2024.\u003c/p>\n\u003ch2>Search for transit cash\u003c/h2>\n\u003cfigure id=\"attachment_11900732\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287.jpg\">\u003cimg class=\"wp-image-11900732 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287.jpg\" alt=\"A large white building seen from a distance with trees and people around the outside.\" width=\"1024\" height=\"667\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287-800x521.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287-1020x664.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287-160x104.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The California state Capitol building. \u003ccite>(David Paul Morris/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Near term, BART and other transit agencies are looking for more bailouts like the repeated cash infusions they've received from the federal government over the past two years. California, for instance, has a big general fund surplus, and BART and other operators hope the Newsom administration and state Legislature can be persuaded to provide additional resources.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the longer term, a handful of Bay Area agencies, including BART and the Metropolitan Transportation Commission, have started making noise about a 2024 ballot measure that would include some form of tax to sustain regional transit long into the future. But Bay Area voters seem hostile to the idea. Recent polling shows more than \u003ca href=\"https://mtc.ca.gov/sites/default/files/documents/2021-12/Metropolitan_Transportation_Commission_Listening_Session_Packet.pdf\">60% of voters think \"taxes are high enough\"\u003c/a> and would \"vote against any tax increase.\" At the same time, public transportation ranked last among 11 issues likely voters were asked about, with only 22% ranking it a \"very high\" priority. In fact, a former incarnation of this idea, a \"mega-measure\" known as \u003ca href=\"https://fasterbayarea.org/\" target=\"_blank\" rel=\"noreferrer noopener\">FASTER Bay Area\u003c/a>, would have raised $100 billion or more over the next couple of decades, but was scrubbed from the 2020 ballot after failing to attract widespread support.\u003c/p>\n\u003ch2>BART ridership is anemic\u003c/h2>\n\u003cfigure id=\"attachment_11895999\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-scaled.jpg\">\u003cimg class=\"size-full wp-image-11895999\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-scaled.jpg\" alt=\"The BART passenger wears a facemask and is the only passenger visible within the train.\" width=\"2560\" height=\"1706\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A BART passenger rides in an empty train car on April 8, 2020, in San Francisco. At the start of the pandemic, BART announced that it would slash daily service as ridership dramatically dropped due to the COVID-19 shelter-in-place order. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In January, overall BART ridership was down 76% from its pre-pandemic baseline. And the recent month-to-month trend is even more depressing, with January ridership down 18% from December, and December ridership down 4% from November.\u003c/p>\n\u003cp>Part of the initial drop was probably due to December's continually wet weather. BART is also attributing the sharp January decline to the omicron surge. If you're looking for a sliver of good news, BART ridership is looking like it's bouncing back from its recent nadir.\u003c/p>\n\u003ch2>But all transit ridership is anemic\u003c/h2>\n\u003cfigure id=\"attachment_11904525\" class=\"wp-caption aligncenter\" style=\"max-width: 1240px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p.jpeg\">\u003cimg class=\"wp-image-11904525 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p.jpeg\" alt=\"A largely empty wide, hilly San Francisco street with cable car tracks.\" width=\"1240\" height=\"802\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p.jpeg 1240w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p-800x517.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p-1020x660.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p-160x103.jpeg 160w\" sizes=\"(max-width: 1240px) 100vw, 1240px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Few pedestrians walk along Powell Street during commute hours in San Francisco on March 16, 2020, at the onset of the coronavirus pandemic. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Companies continuing to delay a return to the office — \u003cem>really \u003c/em>returning to the office — is the long-term issue suppressing ridership and one that doesn't seem likely to change in the foreseeable future. In the Bay Area Council's \u003ca href=\"https://public.flourish.studio/story/1114459/\" target=\"_blank\" rel=\"noopener noreferrer\">January employer survey\u003c/a>, more than two-thirds of respondents said they expected their workers will be on site three days per week or fewer \"once the pandemic is behind us.\"\u003c/p>\n\u003cp>\u003ca href=\"https://www.bayareacouncil.org/transportation/survey-fewer-days-at-the-office-more-traffic/\" target=\"_blank\" rel=\"noopener noreferrer\">An earlier council analysis\u003c/a> said that could mean a lasting cut of 1.1 million daily commute trips region-wide.\u003c/p>\n\u003ch2>Muni: 'Expect extended waits and likely crowding'\u003c/h2>\n\u003cfigure id=\"attachment_11894599\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287.jpg\">\u003cimg class=\"size-full wp-image-11894599\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287.jpg\" alt=\"People wear masks as they wait in a bus shelter as a red and gray bus pulls up.\" width=\"1024\" height=\"661\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287-800x516.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287-1020x658.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287-160x103.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People wear masks as they wait in a shelter for a San Francisco MUNI bus on April 6, 2020. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Bay Area's busiest transit system began experiencing staff shortages early in the omicron surge, and the problem has intensified in the last couple of weeks amid Lunar New Year celebrations. In its daily rider alerts, the agency has recently named as many as 30 lines (of 50 or so that are currently running) that would experience \"extended waits and likely crowding.\"\u003c/p>\n\u003cp>The staffing shortages are due to \"regular old sick calls,\" according to agency spokesperson Erica Kato, who said the agency is attempting to fill schedule gaps by offering overtime to operators. And just how many sick calls is Muni getting, and how many bus and train runs are being missed? On Monday of last week, it reported 355 sick calls, with 268 \"open\" runs — scheduled runs for which no operator was available. Last Tuesday it was 259 sick calls and 220 open runs.\u003c/p>\n\u003ch2>A new and improved CEQA exemption for transportation projects\u003c/h2>\n\u003cfigure id=\"attachment_11904532\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2.jpeg\">\u003cimg class=\"wp-image-11904532 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2.jpeg\" alt=\"A large underground transit construction site\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2-160x120.jpeg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Construction on the BART Silicon Valley Berryessa extension. \u003ccite>(Courtesy of Transmetrics)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco state Sen. Scott Wiener's \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB922\" target=\"_blank\" rel=\"noopener noreferrer\">SB 922\u003c/a> is a follow-up to his \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB288\" target=\"_blank\" rel=\"noopener noreferrer\">SB 288\u003c/a>, legislation that succeeded in speeding up transit and bike projects by making most of them exempt from review under the California Environmental Quality Act.\u003c/p>\n\u003cp>Under SB 288, the exemption ends next Jan. 1; the new bill would make the exemption permanent and expand its scope to new pedestrian projects — think programs like \"slow streets\" in San Francisco and Oakland, bus-only freeway lanes (under discussion, but still far from reality, on the Bay Bridge) and new carpool lanes on city streets. The bill would also extend the exemption to projects in non-urbanized areas and require a new equity analysis for exempted transit projects slated for areas with a high potential for community displacement.\u003c/p>\n\u003ch2>Caltrain 'governance' struggle drags on\u003c/h2>\n\u003cfigure id=\"attachment_11254007\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2017/01/31909760916_d88814d339_o-e1483581327477.jpg\">\u003cimg class=\"size-full wp-image-11254007\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2017/01/31909760916_d88814d339_o-e1483581327477.jpg\" alt=\"The side of a Caltrain train as it enters a station.\" width=\"1920\" height=\"1440\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Caltrain cars at San Jose's Diridon Station, Dec. 28, 2016. \u003ccite>(Dan Brekke/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The saga continues.\u003c/p>\n\u003cp>An ad hoc committee of the Peninsula Corridor Joint Powers Board, aka the Caltrain board, is working with a March 3 deadline to produce an agreement that will resolve outstanding governance issues. One sticking point: San Mateo County's recent announcement that it will require a $15.2 million payment as part of settling the governance dispute. That sum, along with $19.6 million from the Metropolitan Transportation Commission, would finally settle a debt incurred by San Francisco and Santa Clara counties when San Mateo fronted the cash for buying Caltrain's right-of-way from Southern Pacific more than three decades ago.\u003c/p>\n\u003cp>Another sticking point: how a more independent Caltrain will share staff with SamTrans, which has managed the railroad since its long-ago acquisition. Meantime, Caltrain's ridership in December was down 82% from pre-pandemic levels, and the agency is looking for $410 million to finish its electrification project.\u003c/p>\n\u003ch2>In court next week\u003c/h2>\n\u003cp>The Amalgamated Transit Union and the Biden administration's Department of Transportation face off in a Sacramento courtroom next Thursday (Feb. 17) over the DOT's plan, announced abruptly in late October, to block release of emergency operating funds to BART, AC Transit and other agencies because of an ongoing dispute over a 2013 California law that limits pension benefits for newly hired union workers.\u003c/p>\n\u003cp>U.S. District Judge Kimberly Mueller granted a preliminary injunction to the state in late December that cleared the way for release of emergency funds. At stake now is whether the DOT may block future funding.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"By disrupting the world of work and our travel routines, COVID-19 in all its endless variants is proving to be an affliction from which it will take public transportation years and years to recover.","status":"publish","parent":0,"modified":1644510856,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1358},"headData":{"title":"Transit Breakdown (Literally): BART's Big Budget Trouble, Anemic Ridership and Whether the 'Normal' Commute Will Ever Return | KQED","description":"By disrupting the world of work and our travel routines, COVID-19 in all its endless variants is proving to be an affliction from which it will take public transportation years and years to recover.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Transit Breakdown (Literally): BART's Big Budget Trouble, Anemic Ridership and Whether the 'Normal' Commute Will Ever Return","datePublished":"2022-02-09T19:47:57.000Z","dateModified":"2022-02-10T16:34:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11904449 https://ww2.kqed.org/news/?p=11904449","disqusUrl":"https://ww2.kqed.org/news/2022/02/09/transit-breakdown-literally-barts-big-budget-trouble-anemic-ridership-and-whether-the-normal-commute-will-ever-return/","disqusTitle":"Transit Breakdown (Literally): BART's Big Budget Trouble, Anemic Ridership and Whether the 'Normal' Commute Will Ever Return","excludeFromSiteSearch":"Include","path":"/news/11904449/transit-breakdown-literally-barts-big-budget-trouble-anemic-ridership-and-whether-the-normal-commute-will-ever-return","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 8:30 a.m. Thursday, Feb. 10, 2022\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">A\u003c/span>\u003c/p>\u003cp>s far as we know, the coronavirus can't get inside the machinery of a train or bus or ferry boat and actually shut them down. But it might as well be able to. By disrupting the world of work and our travel routines, COVID-19 in all its endless variants is proving to be an affliction from which it will take public transportation years and years to recover.\u003c/p>\n\u003cp>The latest example of the malady — you could call it \"long transit COVID\" — will be on display Thursday and Friday when BART will give the world a glimpse of what its bleak fiscal future holds. Some details, and related transit developments:\u003c/p>\n\u003ch2>Will ridership (and revenues and budgets) ever return to 'normal'?\u003c/h2>\n\u003cp>The BART board of directors will hear \u003ca href=\"https://s3.documentcloud.org/documents/21199224/bart-fiscal-outlook-february-2022-presentation.pdf\">a presentation Thursday\u003c/a> showing that due in large part to the continued very slow return of ridership, the district will exhaust federal emergency funding over the next two fiscal years.\u003c/p>\n\u003cp>Going forward, BART doesn't see ridership numbers recovering to pre-pandemic levels for many years. Under its best-case projection, that won't happen until 2029-30. The \"base case\" budget assumption — midway between the worst-case and best-case scenarios — doesn't forecast that happening within the next decade, period, even with the addition of new service to downtown San Jose sometime around 2030. In terms of budget forecasts, BART staff says that without some major new revenue sources, the agency will begin running a deficit sometime in the first half of 2024.\u003c/p>\n\u003ch2>Search for transit cash\u003c/h2>\n\u003cfigure id=\"attachment_11900732\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287.jpg\">\u003cimg class=\"wp-image-11900732 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287.jpg\" alt=\"A large white building seen from a distance with trees and people around the outside.\" width=\"1024\" height=\"667\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287-800x521.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287-1020x664.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/GettyImages-2576287-160x104.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The California state Capitol building. \u003ccite>(David Paul Morris/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Near term, BART and other transit agencies are looking for more bailouts like the repeated cash infusions they've received from the federal government over the past two years. California, for instance, has a big general fund surplus, and BART and other operators hope the Newsom administration and state Legislature can be persuaded to provide additional resources.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the longer term, a handful of Bay Area agencies, including BART and the Metropolitan Transportation Commission, have started making noise about a 2024 ballot measure that would include some form of tax to sustain regional transit long into the future. But Bay Area voters seem hostile to the idea. Recent polling shows more than \u003ca href=\"https://mtc.ca.gov/sites/default/files/documents/2021-12/Metropolitan_Transportation_Commission_Listening_Session_Packet.pdf\">60% of voters think \"taxes are high enough\"\u003c/a> and would \"vote against any tax increase.\" At the same time, public transportation ranked last among 11 issues likely voters were asked about, with only 22% ranking it a \"very high\" priority. In fact, a former incarnation of this idea, a \"mega-measure\" known as \u003ca href=\"https://fasterbayarea.org/\" target=\"_blank\" rel=\"noreferrer noopener\">FASTER Bay Area\u003c/a>, would have raised $100 billion or more over the next couple of decades, but was scrubbed from the 2020 ballot after failing to attract widespread support.\u003c/p>\n\u003ch2>BART ridership is anemic\u003c/h2>\n\u003cfigure id=\"attachment_11895999\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-scaled.jpg\">\u003cimg class=\"size-full wp-image-11895999\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-scaled.jpg\" alt=\"The BART passenger wears a facemask and is the only passenger visible within the train.\" width=\"2560\" height=\"1706\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217663387-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A BART passenger rides in an empty train car on April 8, 2020, in San Francisco. At the start of the pandemic, BART announced that it would slash daily service as ridership dramatically dropped due to the COVID-19 shelter-in-place order. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In January, overall BART ridership was down 76% from its pre-pandemic baseline. And the recent month-to-month trend is even more depressing, with January ridership down 18% from December, and December ridership down 4% from November.\u003c/p>\n\u003cp>Part of the initial drop was probably due to December's continually wet weather. BART is also attributing the sharp January decline to the omicron surge. If you're looking for a sliver of good news, BART ridership is looking like it's bouncing back from its recent nadir.\u003c/p>\n\u003ch2>But all transit ridership is anemic\u003c/h2>\n\u003cfigure id=\"attachment_11904525\" class=\"wp-caption aligncenter\" style=\"max-width: 1240px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p.jpeg\">\u003cimg class=\"wp-image-11904525 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p.jpeg\" alt=\"A largely empty wide, hilly San Francisco street with cable car tracks.\" width=\"1240\" height=\"802\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p.jpeg 1240w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p-800x517.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p-1020x660.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/200316-coronavirus-san-francisco-se-613p-160x103.jpeg 160w\" sizes=\"(max-width: 1240px) 100vw, 1240px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Few pedestrians walk along Powell Street during commute hours in San Francisco on March 16, 2020, at the onset of the coronavirus pandemic. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Companies continuing to delay a return to the office — \u003cem>really \u003c/em>returning to the office — is the long-term issue suppressing ridership and one that doesn't seem likely to change in the foreseeable future. In the Bay Area Council's \u003ca href=\"https://public.flourish.studio/story/1114459/\" target=\"_blank\" rel=\"noopener noreferrer\">January employer survey\u003c/a>, more than two-thirds of respondents said they expected their workers will be on site three days per week or fewer \"once the pandemic is behind us.\"\u003c/p>\n\u003cp>\u003ca href=\"https://www.bayareacouncil.org/transportation/survey-fewer-days-at-the-office-more-traffic/\" target=\"_blank\" rel=\"noopener noreferrer\">An earlier council analysis\u003c/a> said that could mean a lasting cut of 1.1 million daily commute trips region-wide.\u003c/p>\n\u003ch2>Muni: 'Expect extended waits and likely crowding'\u003c/h2>\n\u003cfigure id=\"attachment_11894599\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287.jpg\">\u003cimg class=\"size-full wp-image-11894599\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287.jpg\" alt=\"People wear masks as they wait in a bus shelter as a red and gray bus pulls up.\" width=\"1024\" height=\"661\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287-800x516.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287-1020x658.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/GettyImages-1217248287-160x103.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People wear masks as they wait in a shelter for a San Francisco MUNI bus on April 6, 2020. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Bay Area's busiest transit system began experiencing staff shortages early in the omicron surge, and the problem has intensified in the last couple of weeks amid Lunar New Year celebrations. In its daily rider alerts, the agency has recently named as many as 30 lines (of 50 or so that are currently running) that would experience \"extended waits and likely crowding.\"\u003c/p>\n\u003cp>The staffing shortages are due to \"regular old sick calls,\" according to agency spokesperson Erica Kato, who said the agency is attempting to fill schedule gaps by offering overtime to operators. And just how many sick calls is Muni getting, and how many bus and train runs are being missed? On Monday of last week, it reported 355 sick calls, with 268 \"open\" runs — scheduled runs for which no operator was available. Last Tuesday it was 259 sick calls and 220 open runs.\u003c/p>\n\u003ch2>A new and improved CEQA exemption for transportation projects\u003c/h2>\n\u003cfigure id=\"attachment_11904532\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2.jpeg\">\u003cimg class=\"wp-image-11904532 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2.jpeg\" alt=\"A large underground transit construction site\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/04Project-Management-SVBX-copy-2-160x120.jpeg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Construction on the BART Silicon Valley Berryessa extension. \u003ccite>(Courtesy of Transmetrics)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco state Sen. Scott Wiener's \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB922\" target=\"_blank\" rel=\"noopener noreferrer\">SB 922\u003c/a> is a follow-up to his \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB288\" target=\"_blank\" rel=\"noopener noreferrer\">SB 288\u003c/a>, legislation that succeeded in speeding up transit and bike projects by making most of them exempt from review under the California Environmental Quality Act.\u003c/p>\n\u003cp>Under SB 288, the exemption ends next Jan. 1; the new bill would make the exemption permanent and expand its scope to new pedestrian projects — think programs like \"slow streets\" in San Francisco and Oakland, bus-only freeway lanes (under discussion, but still far from reality, on the Bay Bridge) and new carpool lanes on city streets. The bill would also extend the exemption to projects in non-urbanized areas and require a new equity analysis for exempted transit projects slated for areas with a high potential for community displacement.\u003c/p>\n\u003ch2>Caltrain 'governance' struggle drags on\u003c/h2>\n\u003cfigure id=\"attachment_11254007\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2017/01/31909760916_d88814d339_o-e1483581327477.jpg\">\u003cimg class=\"size-full wp-image-11254007\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2017/01/31909760916_d88814d339_o-e1483581327477.jpg\" alt=\"The side of a Caltrain train as it enters a station.\" width=\"1920\" height=\"1440\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Caltrain cars at San Jose's Diridon Station, Dec. 28, 2016. \u003ccite>(Dan Brekke/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The saga continues.\u003c/p>\n\u003cp>An ad hoc committee of the Peninsula Corridor Joint Powers Board, aka the Caltrain board, is working with a March 3 deadline to produce an agreement that will resolve outstanding governance issues. One sticking point: San Mateo County's recent announcement that it will require a $15.2 million payment as part of settling the governance dispute. That sum, along with $19.6 million from the Metropolitan Transportation Commission, would finally settle a debt incurred by San Francisco and Santa Clara counties when San Mateo fronted the cash for buying Caltrain's right-of-way from Southern Pacific more than three decades ago.\u003c/p>\n\u003cp>Another sticking point: how a more independent Caltrain will share staff with SamTrans, which has managed the railroad since its long-ago acquisition. Meantime, Caltrain's ridership in December was down 82% from pre-pandemic levels, and the agency is looking for $410 million to finish its electrification project.\u003c/p>\n\u003ch2>In court next week\u003c/h2>\n\u003cp>The Amalgamated Transit Union and the Biden administration's Department of Transportation face off in a Sacramento courtroom next Thursday (Feb. 17) over the DOT's plan, announced abruptly in late October, to block release of emergency operating funds to BART, AC Transit and other agencies because of an ongoing dispute over a 2013 California law that limits pension benefits for newly hired union workers.\u003c/p>\n\u003cp>U.S. District Judge Kimberly Mueller granted a preliminary injunction to the state in late December that cleared the way for release of emergency funds. At stake now is whether the DOT may block future funding.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11904449/transit-breakdown-literally-barts-big-budget-trouble-anemic-ridership-and-whether-the-normal-commute-will-ever-return","authors":["222"],"categories":["news_8","news_1397"],"tags":["news_269","news_510","news_4248","news_27504","news_20008","news_320","news_30642","news_1217","news_1334","news_2684","news_20517"],"featImg":"news_11904554","label":"news"},"news_11679835":{"type":"posts","id":"news_11679835","meta":{"index":"posts_1591205157","site":"news","id":"11679835","score":null,"sort":[1531260170000]},"guestAuthors":[],"slug":"is-californias-legacy-environmental-law-protecting-the-states-beauty-or-blocking-affordable-housing","title":"Is California's Legacy Environmental Law Protecting the State's Beauty or Blocking Affordable Housing?","publishDate":1531260170,"format":"audio","headTitle":"The California Dream | The California Report | KQED News","labelTerm":{},"content":"\u003cp>[dropcap]M[/dropcap]ore than a year ago, Redwood City approved the kind of affordable housing project California desperately needs: a 20-unit building, downtown, near transit lines, in the heart of Silicon Valley, where the state’s housing crisis is most severe. The developer was a nonprofit, Habitat for Humanity Greater San Francisco.\u003c/p>\n\u003cp>But today the lot remains vacant, except for a row of portable toilets, a trailer and a dumpster.\u003c/p>\n\u003cp>An attorney who works out of a two-story home behind the lot filed a lawsuit against the project last year, and it has since been stalled. He contends the city’s approval of the apartments violated a sweeping, decades-old environmental law, because the building could increase traffic. The Habitat building could also block the view from his home’s rear windows.\u003c/p>\n\u003cp>Is he using the law to preserve California’s natural beauty, or is he merely denying someone else’s affordable home?\u003c/p>\n\u003cp>For critics of the California Environmental Quality Act (CEQA), this case is a poster child for the need for reform. Signed by Gov. Ronald Reagan in 1970 and often referred to as “see-kwuh,” the law calls for “preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Environmentalists say CEQA does just that, supplying some of the strongest protection and transparency in the nation.\u003c/p>\n\u003cp>“CEQA is the fundamental law in California for environmental protection that also protects the right of the public to be informed about projects that are going into our neighborhood,” said David Pettit, an attorney with the Natural Resources Defense Council.\u003c/p>\n\u003cp>But critics, particularly developers, say court decisions and opportunists have broadened and weaponized the law so it actively impedes housing, particularly in urban areas.\u003c/p>\n\u003cp>\"This is not about the environment,\" said Jennifer Hernandez, an attorney at Holland & Knight and one of the state’s most vocal advocates for change to the law. \"This signature environmental law is being hijacked to advance economic interests.\"\u003c/p>\n\u003ch2>'Conscience of the Community'\u003c/h2>\n\u003cp>CEQA requires that new public and private projects undergo rigorous reviews to prove they will not cause significant harm to the existing environment. If they will cause harm, developers can be forced to pay to mitigate it.\u003c/p>\n\u003cp>Government agencies and planning departments certify projects have complied with the law when approved. But CEQA relies on another, atypical enforcement mechanism that critics call unbalanced: the public.\u003c/p>\n\u003cp>Anyone can file a lawsuit saying that a project has violated the approval process, even without disclosing their identities.\u003c/p>\n\u003cfigure id=\"attachment_11679843\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679843\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/CEQAFlowChart800-800x1046.jpg\" alt=\"This state chart shows the processes projects must go through to obtain approval, as well as exemptions, under CEQA.\" width=\"800\" height=\"1046\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-160x209.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-240x314.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-375x490.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-520x680.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">This state chart shows the processes projects must go through to obtain approval, as well as exemptions, under CEQA. \u003ccite>(Courtesy of California Resources Agency)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“CEQA lawsuits can be filed anonymously. And they can be filed by people who have only economic competition at stake,” said Hernandez, whose firm is defending Habitat pro bono. “They can be filed by competitors, unions — frankly, racist neighbors. Anybody.”\u003c/p>\n\u003cp>Hernandez \u003ca href=\"https://www.hklaw.com/publications/in-the-name-of-the-environment-litigation-abuse-under-ceqa-august-2015/\">analyzed CEQA lawsuits \u003c/a>in the Bay Area over a three-year period and found prominent environmental groups brought only 13 percent of the cases.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The delay in this process has cost several million dollars out of a nonprofit's pocket that we could be putting toward another housing development, and shame on the people that are doing it.'\u003ccite>Maureen Sedonaen, Habitat for Humanity\u003c/cite>\u003c/aside>\n\u003cp>The lawsuit against Habitat for Humanity is Geoff Carr’s second, and the fourth he’s threatened. He’s an attorney who specializes in criminal defense, not environmental law. But he’s becoming something of an expert.\u003c/p>\n\u003cp>Inside his law office, he points to a high-rise building across the street. “We got in late to fight that one,” he said of his CEQA threat against the apartments, “and we only got a floor off it and a little bit of change.”\u003c/p>\n\u003cp>Across the street from Habitat’s vacant lot, a developer canceled a 91-unit condo project outright. Carr said he threatened a CEQA suit and that once the developer \"found out we were going to the mat with him,\" he pulled the plug.\u003c/p>\n\u003cp>But Carr is most proud of a building down the block from his office, across the street from Redwood City’s historic courthouse.\u003c/p>\n\u003cp>The developer in that case, Steve Dostart, wanted to build a large office building. But Carr, who called the original plan \"another plastic piece of crap,\" said they negotiated a smaller, eight-story building.\u003c/p>\n\u003cp>“We were the conscience of the community,” Carr said. \"We gave and they gave, and I think they got an award for that building.\" Dostart has said that the negotiated building is an improvement on the original proposal, according to \u003ca href=\"https://www.bizjournals.com/sanjose/news/2015/11/17/after-redesign-dostart-developments-601-marshall.html\">a local media outlet\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11679878\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679878\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/GeoffCarr-800x580.jpg\" alt=\"Geoff Carr, a criminal defense attorney in Redwood City, has challenged or threatened to challenge several developments in his neighborhood, using CEQA.\" width=\"800\" height=\"580\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-800x580.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-1020x739.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-1200x869.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-1180x855.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-960x696.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-375x272.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-520x377.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Geoff Carr, a criminal defense attorney in Redwood City, has challenged or threatened to challenge several developments in his neighborhood, using CEQA. \u003ccite>(Ben Bradford/Capital Public Radio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For Carr, CEQA is the best tool to defend against what he sees as greedy developers and complacent city officials.\u003c/p>\n\u003cp>“I don’t want to be too pejorative about the City Council of Redwood City, but I hate them,” he said. “They’re small-minded peeves, unfortunately.”\u003c/p>\n\u003cp>Maureen Sedonaen, CEO of the Habitat for Humanity chapter, said Carr’s actions are not simply impeding encroaching development: They hurt needy residents.\u003c/p>\n\u003cp>“It’s always easy to think about ‘It’s a lot and it’s a project and we’re stopping it,’ but we’re talking about 20 families being able to permanently stay in the Bay Area,” she said.\u003c/p>\n\u003cp>Redwood City has sought to streamline housing approvals downtown in recent years by preemptively performing the in-depth environmental analysis CEQA requires, as part of a larger development plan. The city can declare that projects conform to the plan and are exempt from performing their own analysis -- a common tactic by local governments to encourage development.\u003c/p>\n\u003cp>But citizens can still sue those exemptions.\u003c/p>\n\u003cp>“The thing that works is you have to find some way where they’re violating their own plan, and it’s not that hard to do,” Carr said.\u003c/p>\n\u003cfigure id=\"attachment_11679883\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679883\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/VacantLot-800x575.jpg\" alt=\"Habitat for Humanity received city approval to build a six-story affordable housing project on this vacant lot more than a year ago. The project is stalled due to a CEQA lawsuit.\" width=\"800\" height=\"575\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-800x575.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-160x115.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-1020x733.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-1200x863.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-1180x848.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-960x690.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-240x173.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-375x270.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-520x374.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Habitat for Humanity received city approval to build a six-story affordable housing project on this vacant lot more than a year ago. The project is stalled due to a CEQA lawsuit. \u003ccite>(Ben Bradford/Capital Public Radio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hernandez said it’s so easy for plaintiffs to win that a project’s funding will immediately freeze once a suit is filed.\u003c/p>\n\u003cp>That’s partially because of the law’s sweeping definition of “environment,” which she sums up this way: “The view from a parking lot is a scenic vista protected under CEQA. ... My environment is where I get to park, and what I get to look at through my front window, and if you change that, I’m going to object and I’m going to use CEQA.”\u003c/p>\n\u003cp>Habitat for Humanity fronts its own money, and Sedonaen said she may greenlight construction on the Redwood City building even before the lawsuit is resolved. That’s a gamble. Losing a CEQA case can force a project to restart the approval process from scratch, sucking up time and money.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think [CEQA] probably gets more attention than it deserves. I like to think of it as a symptom, not a cause of the underlying challenges we face in producing more housing in urban areas in California.'\u003ccite>Eric Biber, UC Berkeley\u003c/cite>\u003c/aside>\n\u003cp>In the meantime, she said the price continues to rise anyway. The nonprofit originally estimated the project would cost $13 million. That has now risen to $17 million.\u003c/p>\n\u003cp>“The delay in this process has cost us several million dollars out of a nonprofit's pocket that we could be putting toward another housing development, and shame on the people that are doing it,” Sedonaen said.\u003c/p>\n\u003ch2>‘A Challenge Every Step of the Way’\u003c/h2>\n\u003cp>Critics contend that CEQA is the most significant factor in California's housing-affordability crisis -- but the data do not show that.\u003c/p>\n\u003cp>UC Berkeley environmental law professor Eric Biber is part of a team researching the barriers to new housing in California. The \u003ca href=\"https://www.law.berkeley.edu/wp-content/uploads/2018/02/Getting_It_Right.pdf\">initial leg\u003c/a> of the study looked at projects with five units or more approved in five Bay Area cities, how long it took for their approval, and what steps the cities required.\u003c/p>\n\u003cp>In San Francisco, Oakland, Redwood City, Palo Alto and San Jose, Biber said CEQA was not an overriding obstacle.\u003c/p>\n\u003cfigure id=\"attachment_11679886\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679886\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/Biber-800x569.jpg\" alt=\"Eric Biber is an environmental law professor at UC Berkeley, who is researching barriers to housing in California.\" width=\"800\" height=\"569\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-800x569.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-1020x726.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-1200x854.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-1180x840.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-960x683.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-240x171.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-375x267.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-520x370.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Eric Biber is an environmental law professor at UC Berkeley, who is researching barriers to housing in California. \u003ccite>(Ben Bradford/Capital Public Radio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I think it probably gets more attention than it deserves,” he said. “I like to think of CEQA as a symptom, not a cause of the underlying challenges we face in producing more housing in urban areas in California.”\u003c/p>\n\u003cp>Out of 254 projects approved over a three-year period, only seven faced CEQA lawsuits, according to the study’s most recent data, which is still preliminary. Most of those suits also allege other non-CEQA violations of state zoning and planning law.\u003c/p>\n\u003cp>In other words, the environmental law that has drawn so much ire from developers is used to litigate only a small portion of projects and, without it, those projects would likely end up in court anyway.\u003c/p>\n\u003cp>Biber thinks the barriers to development are more philosophical: Landowners are often resistant to new development near them.\u003c/p>\n\u003cp>“The reason that CEQA is both triggered and used as a lawsuit is to respond to underlying political fights at the local level about development,” Biber said. “And those political fights would occur anyway.”\u003c/p>\n\u003cp>The stalled Habitat for Humanity project in downtown Redwood City conforms to Biber’s findings almost perfectly. The lawsuit alleges violations of CEQA, but also other state zoning and planning law. And the project’s developer, despite building throughout the Bay Area for almost three decades, has rarely faced a CEQA lawsuit. In fact, Sedonaen said this is Habitat for Humanity Greater San Francisco’s first.\u003c/p>\n\u003cp>“It’s so unique,” Sedonaen said. “We’ve never had a project stopped for this reason, and we’ve never had a CEQA lawsuit used against us in our history.”\u003c/p>\n\u003cp>The project faced other obstacles prior to the lawsuit. To win approval from the city, it has shrunk significantly from what Sedonaen envisioned in 2014. The six-story building is less than half the size of the original proposal.\u003c/p>\n\u003cp>“It’s been a challenge every step of the way,” Sedonaen said.\u003c/p>\n\u003cp>Biber said paring back CEQA would do little to change the political dynamics that drive up the cost of projects in cities, but could remove a check on development in less densely populated areas of the state. Put another way: It could promote sprawl.\u003c/p>\n\u003cp>“I don’t think you’d see a major moving of the lever on [urban] development,” Biber said. “But you might open up for a lot more sprawling development that would significantly undermine the state’s climate goals.”\u003c/p>\n\u003cp>But Sedonaen and Hernandez think his findings do not capture how heavily the threat of litigation weighs on urban developers, starting when they propose projects.\u003c/p>\n\u003cp>“We have to pick projects where we don’t think this is going to happen,” Sedonaen said.\u003c/p>\n\u003cp>Studies have tracked the number of approved projects and filed lawsuits, for instance, but not threats of lawsuits used to win concessions or canceled projects.\u003c/p>\n\u003cp>Hernandez suggests the threats outnumber the actual lawsuits, comparing CEQA abuse to an iceberg. “The filed lawsuits are the tip,” she said. “Underneath the surface is the 90 percent of the iceberg, and it’s why we’ll spend three years trying to get a project approved. And every one of those days adds to the cost of housing.”\u003c/p>\n\u003cp>\u003cem>Ben Bradford is state government reporter for Capital Public Radio. \u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/series/californiadream/\" target=\"_blank\" rel=\"noopener\">The California Dream series\u003c/a> is a statewide media collaboration of CALmatters, KPBS, KPCC, KQED and Capital Public Radio with support from the Corporation for Public Broadcasting, the James Irvine Foundation and the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-11660142\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/CADreamBanner.jpg\" alt=\"\" width=\"1867\" height=\"512\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner.jpg 1867w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-160x44.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-800x219.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-1020x280.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-1180x324.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-960x263.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-240x66.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-375x103.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-520x143.jpg 520w\" sizes=\"(max-width: 1867px) 100vw, 1867px\">\u003c/p>\n\n","blocks":[],"excerpt":"Habitat for Humanity wants to build affordable housing in Redwood City, but a nearby resident is using the California Environmental Quality Act to stop the apartments.","status":"publish","parent":0,"modified":1531261989,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":55,"wordCount":2081},"headData":{"title":"Is California's Legacy Environmental Law Protecting the State's Beauty or Blocking Affordable Housing? | KQED","description":"Habitat for Humanity wants to build affordable housing in Redwood City, but a nearby resident is using the California Environmental Quality Act to stop the apartments.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Is California's Legacy Environmental Law Protecting the State's Beauty or Blocking Affordable Housing?","datePublished":"2018-07-10T22:02:50.000Z","dateModified":"2018-07-10T22:33:09.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11679835 https://ww2.kqed.org/news/?p=11679835","disqusUrl":"https://ww2.kqed.org/news/2018/07/10/is-californias-legacy-environmental-law-protecting-the-states-beauty-or-blocking-affordable-housing/","disqusTitle":"Is California's Legacy Environmental Law Protecting the State's Beauty or Blocking Affordable Housing?","source":"Capital Public Radio","sourceUrl":"http://www.capradio.org/","nprByline":"\u003cstrong>\u003ca href=\"http://www.capradio.org/about/bios/ben-bradford/\">Ben Bradford\u003c/a>\u003c/strong>","path":"/news/11679835/is-californias-legacy-environmental-law-protecting-the-states-beauty-or-blocking-affordable-housing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">M\u003c/span>\u003c/p>\u003cp>ore than a year ago, Redwood City approved the kind of affordable housing project California desperately needs: a 20-unit building, downtown, near transit lines, in the heart of Silicon Valley, where the state’s housing crisis is most severe. The developer was a nonprofit, Habitat for Humanity Greater San Francisco.\u003c/p>\n\u003cp>But today the lot remains vacant, except for a row of portable toilets, a trailer and a dumpster.\u003c/p>\n\u003cp>An attorney who works out of a two-story home behind the lot filed a lawsuit against the project last year, and it has since been stalled. He contends the city’s approval of the apartments violated a sweeping, decades-old environmental law, because the building could increase traffic. The Habitat building could also block the view from his home’s rear windows.\u003c/p>\n\u003cp>Is he using the law to preserve California’s natural beauty, or is he merely denying someone else’s affordable home?\u003c/p>\n\u003cp>For critics of the California Environmental Quality Act (CEQA), this case is a poster child for the need for reform. Signed by Gov. Ronald Reagan in 1970 and often referred to as “see-kwuh,” the law calls for “preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Environmentalists say CEQA does just that, supplying some of the strongest protection and transparency in the nation.\u003c/p>\n\u003cp>“CEQA is the fundamental law in California for environmental protection that also protects the right of the public to be informed about projects that are going into our neighborhood,” said David Pettit, an attorney with the Natural Resources Defense Council.\u003c/p>\n\u003cp>But critics, particularly developers, say court decisions and opportunists have broadened and weaponized the law so it actively impedes housing, particularly in urban areas.\u003c/p>\n\u003cp>\"This is not about the environment,\" said Jennifer Hernandez, an attorney at Holland & Knight and one of the state’s most vocal advocates for change to the law. \"This signature environmental law is being hijacked to advance economic interests.\"\u003c/p>\n\u003ch2>'Conscience of the Community'\u003c/h2>\n\u003cp>CEQA requires that new public and private projects undergo rigorous reviews to prove they will not cause significant harm to the existing environment. If they will cause harm, developers can be forced to pay to mitigate it.\u003c/p>\n\u003cp>Government agencies and planning departments certify projects have complied with the law when approved. But CEQA relies on another, atypical enforcement mechanism that critics call unbalanced: the public.\u003c/p>\n\u003cp>Anyone can file a lawsuit saying that a project has violated the approval process, even without disclosing their identities.\u003c/p>\n\u003cfigure id=\"attachment_11679843\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679843\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/CEQAFlowChart800-800x1046.jpg\" alt=\"This state chart shows the processes projects must go through to obtain approval, as well as exemptions, under CEQA.\" width=\"800\" height=\"1046\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-160x209.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-240x314.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-375x490.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/CEQAFlowChart800-520x680.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">This state chart shows the processes projects must go through to obtain approval, as well as exemptions, under CEQA. \u003ccite>(Courtesy of California Resources Agency)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“CEQA lawsuits can be filed anonymously. And they can be filed by people who have only economic competition at stake,” said Hernandez, whose firm is defending Habitat pro bono. “They can be filed by competitors, unions — frankly, racist neighbors. Anybody.”\u003c/p>\n\u003cp>Hernandez \u003ca href=\"https://www.hklaw.com/publications/in-the-name-of-the-environment-litigation-abuse-under-ceqa-august-2015/\">analyzed CEQA lawsuits \u003c/a>in the Bay Area over a three-year period and found prominent environmental groups brought only 13 percent of the cases.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The delay in this process has cost several million dollars out of a nonprofit's pocket that we could be putting toward another housing development, and shame on the people that are doing it.'\u003ccite>Maureen Sedonaen, Habitat for Humanity\u003c/cite>\u003c/aside>\n\u003cp>The lawsuit against Habitat for Humanity is Geoff Carr’s second, and the fourth he’s threatened. He’s an attorney who specializes in criminal defense, not environmental law. But he’s becoming something of an expert.\u003c/p>\n\u003cp>Inside his law office, he points to a high-rise building across the street. “We got in late to fight that one,” he said of his CEQA threat against the apartments, “and we only got a floor off it and a little bit of change.”\u003c/p>\n\u003cp>Across the street from Habitat’s vacant lot, a developer canceled a 91-unit condo project outright. Carr said he threatened a CEQA suit and that once the developer \"found out we were going to the mat with him,\" he pulled the plug.\u003c/p>\n\u003cp>But Carr is most proud of a building down the block from his office, across the street from Redwood City’s historic courthouse.\u003c/p>\n\u003cp>The developer in that case, Steve Dostart, wanted to build a large office building. But Carr, who called the original plan \"another plastic piece of crap,\" said they negotiated a smaller, eight-story building.\u003c/p>\n\u003cp>“We were the conscience of the community,” Carr said. \"We gave and they gave, and I think they got an award for that building.\" Dostart has said that the negotiated building is an improvement on the original proposal, according to \u003ca href=\"https://www.bizjournals.com/sanjose/news/2015/11/17/after-redesign-dostart-developments-601-marshall.html\">a local media outlet\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11679878\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679878\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/GeoffCarr-800x580.jpg\" alt=\"Geoff Carr, a criminal defense attorney in Redwood City, has challenged or threatened to challenge several developments in his neighborhood, using CEQA.\" width=\"800\" height=\"580\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-800x580.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-1020x739.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-1200x869.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-1180x855.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-960x696.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-375x272.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/GeoffCarr-520x377.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Geoff Carr, a criminal defense attorney in Redwood City, has challenged or threatened to challenge several developments in his neighborhood, using CEQA. \u003ccite>(Ben Bradford/Capital Public Radio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For Carr, CEQA is the best tool to defend against what he sees as greedy developers and complacent city officials.\u003c/p>\n\u003cp>“I don’t want to be too pejorative about the City Council of Redwood City, but I hate them,” he said. “They’re small-minded peeves, unfortunately.”\u003c/p>\n\u003cp>Maureen Sedonaen, CEO of the Habitat for Humanity chapter, said Carr’s actions are not simply impeding encroaching development: They hurt needy residents.\u003c/p>\n\u003cp>“It’s always easy to think about ‘It’s a lot and it’s a project and we’re stopping it,’ but we’re talking about 20 families being able to permanently stay in the Bay Area,” she said.\u003c/p>\n\u003cp>Redwood City has sought to streamline housing approvals downtown in recent years by preemptively performing the in-depth environmental analysis CEQA requires, as part of a larger development plan. The city can declare that projects conform to the plan and are exempt from performing their own analysis -- a common tactic by local governments to encourage development.\u003c/p>\n\u003cp>But citizens can still sue those exemptions.\u003c/p>\n\u003cp>“The thing that works is you have to find some way where they’re violating their own plan, and it’s not that hard to do,” Carr said.\u003c/p>\n\u003cfigure id=\"attachment_11679883\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679883\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/VacantLot-800x575.jpg\" alt=\"Habitat for Humanity received city approval to build a six-story affordable housing project on this vacant lot more than a year ago. The project is stalled due to a CEQA lawsuit.\" width=\"800\" height=\"575\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-800x575.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-160x115.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-1020x733.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-1200x863.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-1180x848.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-960x690.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-240x173.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-375x270.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/VacantLot-520x374.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Habitat for Humanity received city approval to build a six-story affordable housing project on this vacant lot more than a year ago. The project is stalled due to a CEQA lawsuit. \u003ccite>(Ben Bradford/Capital Public Radio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hernandez said it’s so easy for plaintiffs to win that a project’s funding will immediately freeze once a suit is filed.\u003c/p>\n\u003cp>That’s partially because of the law’s sweeping definition of “environment,” which she sums up this way: “The view from a parking lot is a scenic vista protected under CEQA. ... My environment is where I get to park, and what I get to look at through my front window, and if you change that, I’m going to object and I’m going to use CEQA.”\u003c/p>\n\u003cp>Habitat for Humanity fronts its own money, and Sedonaen said she may greenlight construction on the Redwood City building even before the lawsuit is resolved. That’s a gamble. Losing a CEQA case can force a project to restart the approval process from scratch, sucking up time and money.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think [CEQA] probably gets more attention than it deserves. I like to think of it as a symptom, not a cause of the underlying challenges we face in producing more housing in urban areas in California.'\u003ccite>Eric Biber, UC Berkeley\u003c/cite>\u003c/aside>\n\u003cp>In the meantime, she said the price continues to rise anyway. The nonprofit originally estimated the project would cost $13 million. That has now risen to $17 million.\u003c/p>\n\u003cp>“The delay in this process has cost us several million dollars out of a nonprofit's pocket that we could be putting toward another housing development, and shame on the people that are doing it,” Sedonaen said.\u003c/p>\n\u003ch2>‘A Challenge Every Step of the Way’\u003c/h2>\n\u003cp>Critics contend that CEQA is the most significant factor in California's housing-affordability crisis -- but the data do not show that.\u003c/p>\n\u003cp>UC Berkeley environmental law professor Eric Biber is part of a team researching the barriers to new housing in California. The \u003ca href=\"https://www.law.berkeley.edu/wp-content/uploads/2018/02/Getting_It_Right.pdf\">initial leg\u003c/a> of the study looked at projects with five units or more approved in five Bay Area cities, how long it took for their approval, and what steps the cities required.\u003c/p>\n\u003cp>In San Francisco, Oakland, Redwood City, Palo Alto and San Jose, Biber said CEQA was not an overriding obstacle.\u003c/p>\n\u003cfigure id=\"attachment_11679886\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11679886\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/Biber-800x569.jpg\" alt=\"Eric Biber is an environmental law professor at UC Berkeley, who is researching barriers to housing in California.\" width=\"800\" height=\"569\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-800x569.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-1020x726.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-1200x854.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-1180x840.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-960x683.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-240x171.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-375x267.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Biber-520x370.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Eric Biber is an environmental law professor at UC Berkeley, who is researching barriers to housing in California. \u003ccite>(Ben Bradford/Capital Public Radio)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I think it probably gets more attention than it deserves,” he said. “I like to think of CEQA as a symptom, not a cause of the underlying challenges we face in producing more housing in urban areas in California.”\u003c/p>\n\u003cp>Out of 254 projects approved over a three-year period, only seven faced CEQA lawsuits, according to the study’s most recent data, which is still preliminary. Most of those suits also allege other non-CEQA violations of state zoning and planning law.\u003c/p>\n\u003cp>In other words, the environmental law that has drawn so much ire from developers is used to litigate only a small portion of projects and, without it, those projects would likely end up in court anyway.\u003c/p>\n\u003cp>Biber thinks the barriers to development are more philosophical: Landowners are often resistant to new development near them.\u003c/p>\n\u003cp>“The reason that CEQA is both triggered and used as a lawsuit is to respond to underlying political fights at the local level about development,” Biber said. “And those political fights would occur anyway.”\u003c/p>\n\u003cp>The stalled Habitat for Humanity project in downtown Redwood City conforms to Biber’s findings almost perfectly. The lawsuit alleges violations of CEQA, but also other state zoning and planning law. And the project’s developer, despite building throughout the Bay Area for almost three decades, has rarely faced a CEQA lawsuit. In fact, Sedonaen said this is Habitat for Humanity Greater San Francisco’s first.\u003c/p>\n\u003cp>“It’s so unique,” Sedonaen said. “We’ve never had a project stopped for this reason, and we’ve never had a CEQA lawsuit used against us in our history.”\u003c/p>\n\u003cp>The project faced other obstacles prior to the lawsuit. To win approval from the city, it has shrunk significantly from what Sedonaen envisioned in 2014. The six-story building is less than half the size of the original proposal.\u003c/p>\n\u003cp>“It’s been a challenge every step of the way,” Sedonaen said.\u003c/p>\n\u003cp>Biber said paring back CEQA would do little to change the political dynamics that drive up the cost of projects in cities, but could remove a check on development in less densely populated areas of the state. Put another way: It could promote sprawl.\u003c/p>\n\u003cp>“I don’t think you’d see a major moving of the lever on [urban] development,” Biber said. “But you might open up for a lot more sprawling development that would significantly undermine the state’s climate goals.”\u003c/p>\n\u003cp>But Sedonaen and Hernandez think his findings do not capture how heavily the threat of litigation weighs on urban developers, starting when they propose projects.\u003c/p>\n\u003cp>“We have to pick projects where we don’t think this is going to happen,” Sedonaen said.\u003c/p>\n\u003cp>Studies have tracked the number of approved projects and filed lawsuits, for instance, but not threats of lawsuits used to win concessions or canceled projects.\u003c/p>\n\u003cp>Hernandez suggests the threats outnumber the actual lawsuits, comparing CEQA abuse to an iceberg. “The filed lawsuits are the tip,” she said. “Underneath the surface is the 90 percent of the iceberg, and it’s why we’ll spend three years trying to get a project approved. And every one of those days adds to the cost of housing.”\u003c/p>\n\u003cp>\u003cem>Ben Bradford is state government reporter for Capital Public Radio. \u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/series/californiadream/\" target=\"_blank\" rel=\"noopener\">The California Dream series\u003c/a> is a statewide media collaboration of CALmatters, KPBS, KPCC, KQED and Capital Public Radio with support from the Corporation for Public Broadcasting, the James Irvine Foundation and the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-11660142\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/CADreamBanner.jpg\" alt=\"\" width=\"1867\" height=\"512\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner.jpg 1867w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-160x44.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-800x219.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-1020x280.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-1180x324.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-960x263.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-240x66.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-375x103.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/CADreamBanner-520x143.jpg 520w\" sizes=\"(max-width: 1867px) 100vw, 1867px\">\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11679835/is-californias-legacy-environmental-law-protecting-the-states-beauty-or-blocking-affordable-housing","authors":["byline_news_11679835"],"programs":["news_72"],"series":["news_21879"],"categories":["news_1758","news_19906","news_6266","news_8","news_13","news_356"],"tags":["news_3921","news_4248","news_17867"],"affiliates":["news_22688"],"featImg":"news_11679872","label":"source_news_11679835"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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