Focus
Judicial Council amends prior emergency rule to adjust land use litigation deadlines
Allen Matkins – May 29
On May 29, 2020, the California Judicial Council amended its Emergency Rule 9 to provide fixed dates for the tolling of statutes of limitations and repose for civil actions. The prior version of Emergency Rule 9 had tied such tolling to Governor Gavin Newsom's lifting of the state of emergency related to the COVID-19 pandemic. While this amendment provides greater clarity to all civil actions, it is particularly meaningful for civil actions with short statutes of limitations, such as lawsuits to enforce the California Environmental Quality Act. For such actions, the tolling provided by Emergency Rule 9 is now limited to a 119-day period between April 6, 2020, and August 3, 2020.
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News
Governor Newsom proposes waiving environmental review when converting hotels into housing
San Francisco Chronicle – May 27
Governor Newsom is proposing that state environmental regulations be waived for cities and counties that want to convert hotels into homeless housing using federal coronavirus relief funding. His plan was sent to the California Legislature in May to be added to state budget negotiations. By law, the budget is supposed to be passed by June 15. Before the pandemic hit, Newsom had said he wanted regulations under the California Environmental Quality Act (CEQA) eased for many types of homeless housing, and this current plan — sent in the form of a “trailer bill” addition to budget talks — narrows that ambition. “I think it’s great,” said state Senator Scott Wiener, D-San Francisco, who last year succeeded in getting legislation passed waiving CEQA regulations when building service-enriched Navigation Center shelters. Last Tuesday, the Senate Housing Committee that Wiener chairs approved bills he wrote that would expand his Navigation Center waiver to all shelters, and speed up construction of affordable housing around the state on church properties and other lands. Newsom’s proposal for hotels would be a useful addition to that strategy, Wiener said.
Lawmaker urges new sea bluff reinforcement regulations
KPBS – May 26
A state lawmaker who represents northern San Diego County last Tuesday introduced a bill designed to prevent coastal bluff collapses. The legislation presented by Senator Patricia Bates, R-Laguna Niguel, to the Senate Natural Resources and Water Committee in Sacramento would obligate public agencies and private owners of seafront property in San Diego and Orange Counties to mitigate coastal erosion. Following the presentation, the chair of the panel, Senator Henry Stern, D-Calabasas, said he would work with Bates to try to pass bipartisan legislation on the matter before August 31, when the Legislature is scheduled to adjourn its 2020 legislative session.
Plan to increase density, height limits in San Francisco’s ‘Hub’ area wins key approval
San Francisco Examiner - May 21
San Francisco planning officials have granted a key approval for a development plan at Market Street and Van Ness Avenue that could bring more than 15,000 more residents to the area. The San Francisco Planning Commission unanimously approved the Environmental Impact Report for the 84-acre development plan known as the Hub. Height limits approved for 18 projects where the Western Addition, South of Market, Civic Center, and Mission neighborhoods meet are estimated to bring another 8,100 units. Planning Department staff estimate that development from the changes could create or fund up to 2,200 affordable units and bring in $958 million through development fees for public benefits. But with residents of the Hub area being relatively low-income, community concerns persist that they will face price pressures as a result. Planning Director Richard Hillis said the department was willing to take on more community and analysis work, but that won’t happen before the plan reaches the Board of Supervisors.
Federal Highway Administration threatens nearly two dozen California homeless shelters
The Mercury News – May 22
Potentially undermining a key facet of Governor Newsom’s homelessness policy, federal officials have rescinded approval of a planned San Francisco homeless shelter — and threatened nearly two dozen more throughout the state. In a letter sent earlier this month, the Federal Highway Administration pulled back its approval of a 200-bed navigation center planned for an empty Caltrans lot under the Interstate 280 overpass in San Francisco’s Bayview neighborhood. Governor Newsom identified nearly 300 potential sites for shelters in February — including in the Bay Area — many of which are owned by Caltrans. But this new wrinkle from the federal government complicates that plan, said David Garcia, policy director for the UC Berkeley Terner Center for Housing Innovation. It could also set many shelter projects back.
First phase of BART extension to Silicon Valley to open in mid-June
Mass Transit – May 20
One of the most anticipated rail projects in the U.S. will have a celebratory ending when Bay Area Rapid Transit (BART) trains service the first passengers in San Jose on June 13. The new service is part of the first phase of the 10-mile BART Silicon Valley Extension, which will be operated and maintained by BART, but was constructed and is owned by the Santa Clara Valley Transportation Authority. Phase Two of the project will extend BART service six miles from the Berryessa Transit Center into downtown San Jose.
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