Sustainable Development and Land Use Update - May 2019 #3

Allen Matkins
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Major California housing bill put on hold until 2020

■San Francisco Chronicle - May 16

A controversial measure to revamp local development rules in California by promoting denser housing around public transit and job centers will not move forward this legislative session. The state Senate Appropriations Committee announced Thursday that it would hold Senator Scott Wiener’s SB50 for the year, allowing it to come back for a vote in 2020. That could give Wiener, a San Francisco Democrat, more time to build support or make further changes to the deeply divisive bill. SB50 would override some local zoning by requiring cities to allow buildings at least four or five stories tall within a half-mile of major transit stops, such as BART or Caltrain stations. It could also remake suburban California by removing density limits in wealthy communities with good schools and access to jobs.

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The benefits of biophilic design

■Urban Land - May 1

Biophilic design—the practice of connecting people and nature within built environments and communities—is growing in popularity. Within the real estate industry, many green certification programs require buildings to adopt various biophilic elements to achieve increasing levels of recognition. For instance, the U.S. Green Building Council began offering a biophilia pilot credit in 2018 as part of its Leadership in Energy and Environmental Design rating system. Beyond the human health benefits linked with incorporating nature into building design, such as reduced stress, improved mental health, and reduced risk of illnesses like cardiovascular disease, one of the most substantial biophilia value-adds to consider is tenant demand. Real estate leaders have taken notice and have begun implementing biophilic advancements in their portfolios. Kilroy Realty Corporation, as one example, has leveraged biophilia since 2016 to increase tenant amenities and activities across its U.S. portfolio of office and life science properties.

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Carbon Disclosure Project recognizes 43 cities for climate and environmental policies

■Smart Cities Dive - May 14

The Carbon Disclosure Project (CDP) awarded 43 cities an "A" grade for addressing climate change and environmental issues in the non-profit's first city ranking. That represents just 7 percent of the 596 cities that provided data in response to CDP's request. The investor-backed nonprofit organization ranked cities based on how they measure and manage emissions, and adapt to changes like sea-level rise and extreme weather. Fourteen of the “A-grade” cities got high marks for setting goals to become climate or carbon neutral by 2050, with some setting their targets even earlier. Twenty-one American cities made the list, including Boston, Denver, New York City, San Francisco, and Washington, DC.

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States fight rollback of Obama-era light bulb rules

■The Hill - May 12

The U.S. Department of Energy has proposed new regulations for light bulbs that would eliminate efficiency standards for half the bulbs on the market. The move has prompted a backlash from a bipartisan mix of state attorneys general and governors who say it is harmful to the planet and may be illegal. Washington and Colorado passed bills this month designed to backstop the Obama-era standards if the Energy Department proceeds to roll them back, and half a dozen other states are considering similar legislation. Vermont passed such a law as soon as President Trump was elected. The administration proposal is supported by light bulb manufacturers, but consumer groups estimate that continuing to use less efficient bulbs will cost the average household more than $100 a year and create more pollution as utilities produce energy that otherwise would not be needed.

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Maximizing use of water stored in soil could result in savings for farmers

■UC Davis - May 14

As California faces more frequent and severe droughts, agriculture, which relies on irrigation from surface water and groundwater, could become expensive and unsustainable. Researchers at the University of California, Davis, looked at using a “free” resource — rainwater stored in the soil — and found that optimizing its use could go a long way to help meet demand for five California perennial crops. In a 13-year irrigation management simulation based on climate data from 2003 to 2018, the study showed that these techniques could save enough water to fill California’s largest reservoir, Shasta Lake, more than six times. The magnitude of the water savings will vary depending on location, soil characteristics, and climate. In some cases, irrigating less frequently could affect yield, and that yield loss needs to be considered relative to the value of water savings.

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Activists use California environmental law to block homeless shelters

■Los Angeles Times - May 15

Earlier this spring, residents of a San Francisco waterfront neighborhood put up a plea on GoFundMe, seeking to raise $100,000 to file a lawsuit under the California Environmental Quality Act (CEQA). The fundraiser wasn’t intended to fight a toxic waste facility or industrial warehouse. Instead, residents plan to sue to stop a temporary homeless shelter proposed on a parking lot in their community. A similar effort is underway in Venice. State and local governments have dedicated billions of dollars in recent years toward homeless housing and services, even as the state’s unhoused population has increased to nearly 130,000 residents. Opponents of the shelters say they’ve been forced to use CEQA to gain the attention of politicians, who residents say are ignoring concerns about crime and drug use. But many advocating for the shelters argue that the well-funded neighborhood groups are abusing the environmental law.

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More teacher housing projects in the works

■San Francisco Examiner - May 14

With Planning Department approval still pending on a first-of-its-kind teacher housing project in the Sunset District, the San Francisco Unified School District (SFUSD) is moving ahead with plans for similar projects on other sites around the city. The sites being considered include a 1.9-acre school district property at Seventh Avenue and Lawton Street, a current SFUSD counseling office at 20 Cook Street, and a Bayview site at 200 Middle Point Road. SFUSD’s need for 3,600 teachers each year is “challenged” by a 10 percent attrition rate, with 64 percent of its teachers spending more than 30 percent of their income on rent and nearly 15 percent spending more than half of their income on it. The district hopes to lower this attrition rate “through the creative use” of its surplus and underutilized real properties.

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Many Glendale apartment developers now required to offer affordable units

■Los Angeles Times - May 9

The Glendale City Council this week adopted an ordinance, set to go into effect in early June, requiring developers of new rental projects greater than seven units to earmark 15 percent of those apartments for low-income tenants or pay a fee, adding another prong to city officials’ ongoing plan to combat rising rents in the area. Developers who don’t want to build the required affordable units can pay an “in lieu” fee, which increases with the size of the project.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Allen Matkins

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