REGIONAL LEGISLATIVE UPDATE

San Marcos City Council adopts new rules on Targeted Protests

Last month, San Marcos City Council voted 4-1 to approve new language amending the city’s ordinance regarding protests targeting specific residences in the city’s residential neighborhoods. The new language sets limits on protests and picketing in front of private residences.

At the May 11 hearing, representatives from several tenant groups and their supporters voiced opposition to the language saying it limits their First Amendment right to protest. Over the past several months, several tenant groups organized targeted protests in San Marcos in front of several rental properties and the mayor’s residence.

Council members that approved the ordinance change and its supporters say the ordinance was not in response to several recent protests, but to promote right to privacy, peaceful enjoyment, and maintain public health, safety, and welfare. The language is intended to prevent protests that harass and intimidate residents living on the property. The language does not restrict protests held in public places, but it does allow people and properties to maintain their safety and well-being. Advocates say cities such as San Diego have similar ordinances limiting targeted protests in place.

While general protests remain allowed in residential neighborhoods, the ordinance prohibits protesters from protesting in front of a specific residential property requiring protestors to maintain a distance of at least 300 feet from the property. Protestors violating the ordinance could receive an infraction resulting in a fine. The ordinance takes effect within thirty days of its adoption.

SCRHA members are encouraged to contact the Association if a targeted protest was organized at their rental property. Download our white paper, Responding to Protests for more information.

SD Supervisors consider new Development Fee based on “Vehicle Miles Traveled”

San Diego County Board of Supervisors approved a Land Use Transportation and study of a proposed fee on development last month. The fee would be assessed on new developments depending on the “vehicle miles traveled” (“VMT”) caused by the project.

Under the VMT Fee proposal, new residential and commercial projects built in suburban and urban communities that offer multiple transit options (bus, bike, trolley etc.) located closer to employment centers would pay a lower fee; however, similar projects built in less populated or developed areas that do not have transit infrastructure in place requiring greater need for automobiles could pay significantly higher fees.

Groups in favor of the proposed fee say it would require new development in more rural or carcentric communities to pay for their fair share of providing transportation and road improvements; projects already pay for road and infrastructure improvements. The fee would make building new projects in urban areas more attractive to developers. Building in communities that offer more transit options and are closer to work will help the San Diego region lower its carbon emissions.

Prior to the County Board hearing, County Supervisor Joel Anderson, Building Industry Association of San Diego (BIASD), and other groups held a press conference to express their concern with the proposed VMT fee.

Supervisor Anderson, BIASD and others were concerned the new fee could dramatically increase the cost of development making new housing cost prohibitive while less populated cities or communities that cannot provide the transportation options would pay a disproportionate share in fees relative to large cities. New developments in smaller cities, where it is less expensive to build, would pay a significantly higher portion in fees compared to developments in larger cities that have transit options but where it is more expensive to build. More housing in less populated cities will help create the service demand needed to offer more transit options. The fee overall would discourage new housing construction exacerbating the region’s housing crisis.

On May 17, County Supervisors voted directing county staff to study various options as a part of its Land Use Transportation plan, including a study of the VMT fee, and return to the County Board with its conclusions in 60 days. SCRHA has expressed its concerns with the proposed fee advocating local governments should adopt policies that lower the cost of new housing and make it more attractive to build a variety of housing types throughout the region. SCRHA will provide an update in the future.

Menifee holds Workshops on its Housing Element Update

City of Menifee, like many other cities and counties in California, is updating its Housing Element. SCRHA has been posting articles regarding California’s 6th Cycle of its Regional Housing Needs Assessment (RHNA), 2021-2029, in recent months. Earlier this year, the Southern California Association of Governments (SCAG) committed to collectively plan or build approximately 1.3 million new residential units between 2021-2029 cycle. SCAG approved and assigned each local government members, including Menifee, to accommodate a specific number of new homes.

California state law mandates all local governments to update their Housing Elements prior to each cycle. The update requires each local government to declare how many new homes they will accommodate for their residents based on Area Median Income (AMI) during the cycle. Cities and counties must submit their housing elements to the CA Department of Housing & Community Development (HCD) for review and final approval.

Menifee is close to adopting its update and organized three workshops, with the recent most one happening on May 20, 2021, to inform the community about the housing element update process for the 6th cycle. Menifee will be obligated to plan and build a total of 6,594 units during the cycle. Of those units, the city will be obligated to build 1,756 homes for Very Low Income (up to 50 percent AMI), 1,049 units for Low Income (51-80 percent AMI), 1,104 units for Moderate Income (81120 percent AMI), and 2,685 Above Moderate-Income units (120 percent or greater AMI). Riverside County’s Area Median Income (100% AMI) was $75,300 for a family of four in 2020. Menifee was responsible to plan or build 6,245 new units during the RHNA’s 5th cycle.

Menifee residents are encouraged to visit and provide feedback through the city’s Housing Element Update webpage, https:// www.cityofmenifee.us/658/2021-2029-HousingElement-Update. On Menifee’s Housing Element webpage, residents are asked to take surveys, view presentations, and submit their feedback to the city. Menifee City Council is expected to hold hearings on its Update this Summer, but no hearings were scheduled at the time this article was created.

Navy releases draft document that would add thousands of units to NAVWAR site

The U.S. Department of the Navy in May released a 730-page draft Environmental Impact Statement (EIS) proposing a revitalization of the 70-acre NAVWAR site located in San Diego’s Midway Community.

Currently known as the Naval Base Point Loma, Old Town Complex, it houses the Naval Information Warfare Systems Command and Naval Information Warfare Center Pacific divisions housing more than 6,000 personnel and contract employees. Servicemembers and employees presently work in hangars constructed during World War Two to assemble bombers. The site potentially could bring thousands of housing units, commercial office and retail space, and hotels to the site. In 2019, the Navy and San Diego Association of Governments (SANDAG) agreed to partner in a feasibility study of building a multi-modal transit station and mixed used project on the site. The Navy and SANDAG in 2020 considered a plan in which SANDAG will acquire the site from the Navy, but the transfer remains uncertain until SANDAG can identify the funding.

The EIS identified four potential alternatives for the NAVWAR site with the Navy determining the fourth plan as the most attractive. The fourth alternative could add 10,000 new residential units and a new modern facility to house the Navy’s Cyberwarfare Divisions. The Navy last month announced that it is searching for a developer to enter a partnership to revitalize the site. If a partnership is created, the developer would be responsible for building the project including building of 1.7 million square feet of Navy Cyberwarfare facilities within the first five years of construction.

The revitalization would dedicate 75 percent of the project area for 10,000 new apartments with 14,400 new parking spaces. 250,000 square feet would be reserved for retail commercial with another 1.35 million square feet would be reserved for office space with space to build two new hotels providing an additional 450 rooms. The site would include a 140,000 square foot transit center with 500 additional parking spots for commuters. The total worth of all construction is estimated at $1.9 billion and could generate $154 million in local and state tax revenue annually.

However, the Draft EIS identified the fourth alternative project could create significant traffic, noise, and other environmental impacts to the Midway and adjacent communities. The project could add more than 70,000 daily automobile trip increasing traffic congestion to roads and freeways and create visual impacts to Point Loma, Old Town San Diego, and other communities. The public has 60 days to review the EIS and submit comments between May 14 and July 13. The Navy has two virtual public workshops scheduled for June 8 and June 23. The public can review the NAVWAR revitalization project at NAVWAR-revitalization.com. The Navy is expected to release its Final EIS report at the end of 2021.