Court upholds density bonus law

By Bob Egelko Court Reporter : sfchronicle – excerpt

Court upholds density bonus law that exempts certain housing projects from local restrictions

A state appeals court says developers who agree to include affordable housing in their projects can be exempted from zoning rules, height limits and other local restrictions on neighborhood construction. The ruling, in a case from San Diego, has potential statewide impact as tensions over local control and the state’s housing crisis continue to escalate.

California’s 1979 density bonus law “incentivizes the construction of affordable housing,” the Fourth District Court of Appeal said in a decision it certified Wednesday as a precedent for future cases.

Once the developer commits to making a specified portion of the project affordable to lower-income households, “local government must allow increased building density, grant permits, and waive any conflicting local development standards unless certain limited exceptions apply,” Justice Judith Haller said in the 3-0 ruling.

Those exceptions include threats to public health or safety, harm to a historic resource, or conflicts with state or federal laws. None applied to the proposed 20-story project overlooking Balboa Park in San Diego, so it can be built despite opposition from some community organizations, Haller said.

The court had first issued the ruling Jan. 7 as a decision that applied only to the San Diego project, but agreed to make it a published precedent after hearing from the California Building Industry Association and its Bay Area affiliate, as well as the project contractor…

Continue reading “Court upholds density bonus law”

Bob Planthold, Longtime Transit and Disability Rights Activist, Dies in SF

By Rebecca Rosen : beyondchron – excerpt

Planthold Memorial Invitation

(Editor’s Note: Bob Planthold, a longtime Beyond Chron contributor and transit and disability activist, recently died in San Francisco. Senior Beat’s Rebecca Rosen-Lum wrote a great tribute to Planthold last August that we repost with permission. You can find Bob’s letters and stories in Beyond Chron by entering “Planthold” in our search box. He will truly be missed)…

A friend said that to understand activist Bob Planthold one might be best advised to start by watching “Crip Camp,” the film backed by the Obamas’ Higher Ground Productions that documents the rise of the disability rights movement.

With its theme of “Nothing about us without us” – a protest against policy that affects the disabled but doesn’t seek their input – the journey mirrors Planthold’s own, from a growing awareness of the need for change to building alliances to move it along.

Planthold, 72, advocates for seniors, pedestrians and people with disabilities on transit issues and in assuring access to other resources. He participates in frequent meetings – easier now, with Zoom…

A legislative turning point – The high point of “Crip Camp” – and a turning point in Planthold’s life – was the federal Rehabilitation Act of 1973, a watershed piece of legislation, particularly the fight for section 504, mandating accessible public accommodation…

Organizing for change – Planthold has corralled comrades to push for changes in a number of areas…

Keeping it light – Lobbying can be a tough job but Planthold tries to keep it light…

Presumptions & prejudices – And if Planthold raises a strong voice for others with disabilities, he advocates as ardently for people with other needs – tapping into advocacy groups to craft effective alliances…

Working in the system – In 2008, he received the Mayor’s Disability Council Beacon Award for his service with the Sunshine Ordinance Task Force, the Ethics Commission, (going on 5) Civil Grand Juries, Bay Area Legal Aid, Senior Action Network, Disaster Preparedness, Public Transit and Pedestrian Safety Issues — as well as his many years of providing valuable input and advocacy before the Mayors Disability Council.

But he continues to wrangle with government over such issues as the proposed closure of JFK Drive in Golden Gate Park or the proliferation throughout the city of “parklets,” which swallow up lengths of sidewalk and street…

As Livingston said, “For us, the fight is never over.”…

(more)

We are sad and sorry to loose Bob. He was so incredibly helpful and determined. We appreciate his lifetime of dedication to the needs of others and his big heart. We will miss him as we continue our efforts to protect the vulnerable among.

How many apartments are vacant in SF—and what can we do about it?

By Tim Redmond : 48hills – excerpt

The major reform measures made it through their first round at the Rules Committee last week and will be back Monday/31 for what should a final vote before they move on to the full board. But it’s not clear what will happen to Mayor London Breed’s attack on the School Board.

That measure, an extraordinary power grab by a chief executive who freely accuses others of doing that, met with a chilly reception last week at Rules.

But there were enough votes to move it forward for another week…

Sup. Dean Preston wants a hearing to look into how many apartments in San Francisco are currently vacant, and what the city can do about it. That’s coming up at the Land Use and Transportation Committee Monday/31 at 1:30pm.

It’s a fascinating and important issue that often gets lost in all of the Yimby rhetoric about needed to build more housing—because it’s safe to say that a fair percentage of the housing that’s been built in the past ten years is empty.

The last time we checked in on this, we discovered that a lot of the new condos were bought by people as second or third or even fourth homes, and many didn’t live in them. We used property-tax data, which is available but imperfect: If someone’s tax bill for a downtown condo is sent to an address other than that condo, it’s pretty clear they don’t live there. But they could be renting it out.…(more)

Cal. solar proposal follows right-wing ALEC model

By Meteor Blades : dailykos – excerpt

The California Public Utilities Commission decided to postpone the vote scheduled for today on its hotly contested proposal that would boost the electric bills of customers with rooftop solar installations. The proposal would greatly lower the rate of compensation utilities pay for electricity fed to the grid from owners of the state’s 1.3 million rooftop solar installations under its “net energy metering” policy. It would also charge them a big “grid participation fee.”

The voting delay is probably because the proposal—NEM 3.0—is being reworked as a result of intense public reaction. It should be. As it stands, it almost certainly would slow the adoption of rooftop solar that ought to be accelerated. If adopted, the proposal would make ripples coast to coast. As Gov. Gavin Newsom has said, more work needs to be done.

Countless celebrities, prominent officials, activists, a Republican ex-governor, and big and little media have all weighed in on the matter. Over nearly a year, the changes in net metering have been fiercely debated. However, one group never seems to get a mention. That’s the right-wing American Legislative Exchange Council (ALEC) funded by oil and chemical billionaire Charles Koch.

ALEC has been out to throttle distributive—that is, small-scale, decentralized—energy for more than a decade. Its first target were the states’ renewable portfolio standards mandating a certain percentage of electricity be generated from renewable sources by a certain deadline. That campaign pretty much failed, so another tack was developed. Since 2012, ALEC’s renewables-busting target has been net metering. To roll it back, the council has written model legislation that seems in part to be the work of the Edison Electric Institute (EEI), an association of investor-owned utilities. What CPUC developed looks very much like that model…(more)

 

Supervisors kill Breed’s push to streamline housing production

By J. D. Morris : msn – excerpt

Mayor London Breed’s third attempt to ask voters to streamline housing production through a charter amendment failed Wednesday after a Board of Supervisors committee killed the proposal.

Breed hoped the charter amendment would be considered by voters on the June 7 ballot. Her proposal sought to streamline new housing construction by letting some qualified projects circumvent the city’s discretionary review process, cutting a year or two from a timeline that can take two years or more for developers to complete…

Peskin, the committee’s chair, said that the proposal had not been vetted properly with the various community stakeholders it would affect and that after hearing strong concerns from a chorus of opponents, it would be futile to advance the amendment…

The defeat underscores the ongoing conflict between the board and the mayor about San Francisco’s protracted housing crisis and how to address it…(more)

Are ADU’s affordable housing?

The NYTimes says yes—but even the Chron agrees that the data shows these units are not a very effective way to address the housing crisis.

The California growth machine rarely breaks ranks. As a rule, its members toe the supply-side line: To solve the state’s housing affordability crisis, build everything except single-family homes—the more the better, because according to the “laws” of supply and demand, increasing supply lowers prices.

One of the machine’s favored housing types is the accessory dwelling unit, also known as an ADU, plannerese for granny flat. The state of California allows a city to count ADUs toward fulfilling its Regional Housing Needs Allocation, “based on the actual or anticipated affordability.”…(more)

Yimby Law sues city over project that likely will never get built anyway

By John Elberling : 48hills – excerpt

It’s a good PR stunt, but it’s not going to create any new housing anytime soon.

Yimby Law, the developer/tech millionaire-funded legal action arm of SF Yimby, filed suit Thursday against the City of San Francisco, looking to overturn last October’s successful community appeal of the 469 Stevenson project’s environmental impact report by the TODCO Group’s Yerba Buena Neighborhood Consortium.

The suit—termed “legal grandstanding” by knowledgeable lawyers—dose not actually address any environmental issues about that controversial project’s EIR at all, like failing to evaluate the earthquake risks of a 27-story tower without a pile foundation on the edge of historic Soma marshlands…

When Build started planning for its India Basin, One Oak Street, and Stevenson projects several years ago, the economy was booming and it had a chance to get investment funding from one of the huge development conglomerates in China, such as the giant Vanke. But that hope was dashed last year when the Chinese government stopped all investment in projects outside China, because of a looming real estate financial crisis within China itself…

Of course, the project itself was not actually rejected by the board, just its EIR. Build could go back though the EIR process, fix what was wrong with the first EIR, and presumably get approved again and go ahead. There would be no grounds then for a second appeal. But it hasn’t. Why?

Because the irony is the 469 Stevenson project they all champion is itself a fake. There is no realistic hope that its proposed developer, Build Inc., could in fact get it built any time soon…

Build hasn’t even purchased the 469 Stevenson project site. It merely has an option lasting until 2024 to buy it from the current owner, Nordstrom’s…

You have to hand it to Yimby Law and its political allies. They sure have taken that lemon of a Stevenson project and made it into good PR lemonade…(more)

SOMA residents are painfully aware of their own circumstances so there is not much a lawsuit can do to impress them.

The Details of CPUC’s Disastrous Proposal for Updating Net Metering in California

votesolar  – excerpt

Californians: Take action now to protect rooftop solar!

The Background

On December 13, 2021, the California Public Utilities Commission (CPUC) issued a proposed decision updating solar net metering. Their proposal would create major new barriers for Californians who want to invest in rooftop solar and battery storage. Net metering is a foundational clean energy policy that allows customers with onsite solar to save on their electric bill by receiving a credit for the excess clean energy they send back to the grid.

The popular policy has helped make California the national leader in rooftop solar adoption, with over 1.3 million solar roofs installed statewide. The December 13th proposal would reverse solar progress by decimating solar bill savings for future solar customers, as well as changing the rules on existing solar customers.

The proposed decision has been in the works for a while. The CPUC, which regulates the state’s investor-owned utilities, opened a proceeding to update net metering back in August 2020. Stakeholders including Vote Solar submitted and debated a range of proposed policy changes, which the Commission considered as it developed the 187-page proposal. Now over a year later, the CPUC released the proposal…

Some of the proposal’s most problematic elements include:(more)

Dom-i-city : Solving San Francisco’s housing problem

Eugene Lew presented his dom-i-city design concept to the CSFN General Assembly meeting Wednesday, January 18, 2022. This time he brought Cory Smith from SFHac to emphasize he fact that he has done the work of convincing a wide range of people that his ideas work. Together they presented a plan to enlist more people in adopting the dom-i-city plan in the West Side of town in a more gentle, humane manner that leads to a smaller footprint on the neighborhood, cuts cost, and meeting the approval of both city planners and the neighbors.

How Recology’s monopoly leads to very dubious rate accounting

By Tim Redmond : 48hills – excerpt

Michal Barba, who is a good reporter, broke the story first in the SFStandard: Recology may have overbilled San Franciscans for even more than the $95 million the company has had to pay back as part of the ongoing City Hall scandal.

Other news outlets have picked up the story, but nobody has explained exactly what went on here, and how Recology could be on the hook for a lot more money.

There are two major factors at play here, and both of them show the problem with a single company operating as a City Charter-sanctioned monopoly with a perpetual no-bid contract—and of late, at the Department of Public Works, little to no oversight.

The way the current system works—and Sup. Aaron Peskin is trying to change that—Recology never has to submit a competitive bid. Instead, like PG&E, another government-sanctioned monopoly that has more than its share of problems—the city is supposed to closely regulate its rates…

Then there’s this piece of property that Recology sold to Amazon. It’s at the foot of Potrero Hill, and the company doesn’t need it any more. It’s a big piece of land, and at one point Recology wanted to develop it for housing. Instead, Amazon bought it for $200 million and plans to turn it into a new distribution center.

Recology has owned it since 1971. Right before the sale, Assessor’s Office records show, it was assessed at about $3 million; under Prop 13, that means Recology paid a bit less than that, probably about $2 million, for it 50 years ago.

So there’s a good bit of profit here—like, almost $200 million.

Who gets that money?…(more)