Davisite Banner. Left side the bicycle obelisk at 3rd and University. Right side the trellis at the entrance to the Arboretum.

Category: Land use

  • Citizens try to recoup costs resulting from spurious lawsuit

    Scales-of-justice(From press release) Today in Yolo Superior Court, the attorneys for the citizens who wrote and signed the No on Measure H ballot statement, filed a motion for an award of legal fees and costs they incurred in their defense of a lawsuit filed by Davis City Councilmember Dan Carson. Carson had previously sued the ballot signers claiming their ballot statement was false or misleading.  

    The citizen Defendants (the “real parties”) named in the Carson lawsuit retained legal representation on a partially contingent basis which permitted the attorneys to seek an award of their legal fees if they were successful in defending the ballot language against Carson’s claims.  

    The Defendants’ filing states The Court outright rejected three of Petitioner’s challenges and adopted Real Parties’ suggestions for the two modest edits it ordered.” 

    Alan Pryor, the Treasurer of the No on DiSC campaign and one of the Defendants stated “Carson’s lawsuit requested whole sentences in the ballot statement be stricken by the Judge. In his final ruling, however, made only two small changes that were suggested by authors of the statement.” 

    In my experience, it is highly unusual for a sitting public official to sue their own citizens over ballot arguments,” said Beverly Grossman Palmer, an experienced election attorney and partner at Strumwasser & Woocher. “None of the attorneys in my firm can recall a similar situation in any of our collective years of practicing election law.”

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  • Councilmember Carson sued me for signing a ballot statement

    6F907AC2-43BA-422A-A5DC-F4974707938FBy Roberta Millstein

    Two weeks ago, I was stunned to learn from a Davis Enterprise article that I and other signers of the Argument Against Measure H (Argument Against DiSC) were being sued by none other than Councilmember Dan Carson, who is serving as the “Honorary” Chair of the developer-funded Yes on DiSC campaign. Measure H is on the June 7 ballot; DiSC is a proposed development project on 100 acres of mostly prime farmland outside the City limits, adjacent to I-80 and Mace Blvd.

    Apparently, the suit had been filed on the last possible day. I waited to be served papers, but none ever arrived. I did receive a phone call, later learning that Councilmember Carson had obtained my phone number from a Commission Chair. I was extremely surprised to learn that he would do something like that, especially since he apparently did not let on what he wanted my phone number for. It is still unclear whether Councilmember Carson funded this lawsuit himself or if someone else funded it; he has refused to answer several people who have asked him.

    With a tight deadline for the ballot to be printed by the County, citizens opposed to DiSC suddenly found themselves having to find a lawyer within a matter of days (like, two days) and the prospect of spending tens of thousands of dollars to retain one — well in excess of the budget for the entire grassroots campaign.

    And what was the suit about?  Well, perhaps Councilmember Carson thought that he could pull the wool over a judge's eyes, but the judge found no problems with our contention that DiSC is in violation of the City's General Plan or our contention that there would be unmitigated greenhouse gases from the project or that there were almost no commitments.

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  • DISC is anything but ‘sustainable’

    Annexation Area DiSC 2022_070721By Stephen M. Wheeler

    Davis residents have begun receiving calls and mailings from backers of the so-called Davis Innovation and Sustainability Campus (DiSC 2022) in preparation for the June 7 election, when the project will be on the ballot as Measure H.

    Don’t be fooled by the rosy promises and endorsements on the developer’s materials: DiSC represents neither innovation nor sustainability. It is another big piece of suburban sprawl promoted by one of Davis’ most aggressive sprawl-builders, Dan Ramos.

    DiSC is essentially a greenwashed business park. Business parks are a traditional, much-discredited economic development approach in which cities designate a large area of land on their periphery for whatever commercial development they can manage to attract. These projects are highly motor-vehicle-dependent and undercut efforts to revitalize more centrally located downtown areas.

    DiSC materials talk about bike and pedestrian connections, renewable energy, use of native and drought-tolerant species for landscape design, energy-efficient construction, and shuttle buses to downtown. This is greenwashing. These environmentally oriented details are nice (and many are required by existing regulations).

    But they aren’t nearly as important as the fact that 1.34 million square feet of new commercial space would be allowed by a freeway exit far from downtown. Approving huge projects that will build out over 20-plus years — almost certainly in different ways than originally envisioned — is just not a good way for a city to move towards sustainability.

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  • Old East Davis Requests Review of the Trackside Project Appellate Decision

    Mandala-oednaThe Old East Davis Neighborhood Association (OEDNA) is requesting review by the California Supreme Court of the recent appellate court decision on the Trackside development project, in the case of OEDNA vs. City of Davis.

    We are doing this because we believe that the City should be faithful to the plain meaning of its planning and zoning rules, and because we want to preserve the setting and feeling of our historic neighborhood.

    By convention, land use policies adopted by a California city can be interpreted by the same city when the policies are applied to specific projects. While this sounds logicalgiving cities flexibility and local controlif understood too broadly, the conventional view could allow a city to reinterpret planning policies in ways that violate their original meaning and intent.

    In the Trackside case, the Yolo Superior Court found that the City of Davis overstepped its discretion in approving the project, which does not conform to the City’s land use policies for mass and scale transitions between the downtown core and traditional neighborhoods.

    To our dismay, the appeals court reversed the Yolo court’s decision, and in doing so claimed that the City has almost unlimited discretion in the application of its planning policies.

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  • Promises Made…Promises Broken!

    Broken promisesHow Ongoing Complacency by the Davis City Council Allowed the Bretton Woods Developer to Renege on Many Election Commitments Made to the Voters of Davis

    Part 1– A Specious Lawsuit by the Bretton Woods Developer, David Taormino as agent for the Binning Ranch Company LLC,  Forces the University Retirement Community (URC) to Abandon Plans to Construct an Enhanced Memory Care Facility at the Project Site. The Developer Proposes to Alternatively Construct 30 Detached Senior Homes which Seemingly Violates the Supposedly Immutable Voter-Approved Baseline Features of the Project but Which Could Result in Millions Dollars of Additional Profits to the Developer.

    By Alan Pryor

    Introduction

    This is Part 1 of a planned series of articles discussing how the City Council is approving entitlements for the Bretton Woods project that violate the project's supposedly unchangeable Baseline Features. These Baseline Features were contained in ballot language presented to voters and upon which the voters relied when the project was approved at the polls in November 2018. The approved entitlements also completely change key provisions of Development Agreement between the Developer and the City that was also very prominently presented to the public prior to the vote.

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  • Four Car Washes Near 80 & Mace?

    Car wash center sign

    Poorly-Photoshop'd modification of "Davis Auto Center" sign on Chiles next to I-80

    I have been engaged for a couple of weeks on the subject of the proposed car wash at 480 Mace (at Cowell Blvd.), and have written about it.

    I am not sure when the following items appeared on the City's website, but I see now that there's also a plan for a "new service station, a convenience store and carwash, a separate retail building, and related site improvements" at 4810 Chiles AND to "maintain the existing carwash [and] construct a new 2,832 square-foot convenience store" and implement related features at 4480 Chiles, which already has a car wash.

    My concerns are:

    1) The public notification and project documents for the 480 Mace proposal make no mention of the simultaneous process for 4810 Chiles, for which Mr Njoku says he's aiming a hearing on March 23, 2022, though I believe Sherri Metzger said at the PC meeting tonight that this was not guaranteed – nor for 4480 Chiles, which Mr Lee says will have a hearing "soon". This is two weeks after the re-scheduled Planning Commission hearing for 480 Mace. What's the CEQA comments deadline for 4810 Chiles? The sum of this seems to be that perhaps a week before the re-rescheduled Planning Commission hearing on 480 Mace, the residents of 4735 Cowell Blvd who received the 500 ft notice that proposed car wash will receive another for the second car wash at 4810 Chiles, as will other commercial addresses within the 500 ft radius BUT significantly also the Ellington Apartments, which have their main entrance on El Cemonte, and a small shared border with 4810 Chiles. Is the 4810 Chiles applicant going to be making the same mistake as 480's in regards to a lack of outreach. (The letter about the requested continuance from the 480 Mace applicant which was shown at the PC meeting tonight thanked Staff for circulating the announcement and mentioned they were doing similar on NextDoor. Nothing else.

    Car wash plan mapOn the left the two existing car washes; on the right two proposed.

    Note that proposed ones are directly adjacent.

    2) The Traffic Studies for 480 Mace and 4810 Chiles make no mention of each other. I had already written about my concerns for the overlap for design and signalling changes for 480 Mace proposed mitigations and the Mace Re-Design non-approved plans, and this makes me even more curious.

    3) The Traffic Study for 4810 Chiles seems to show egress from NB Mace, but it's not clear if it's open, one-way etc. The Study mentions no mitigations for it.

    4) The available documents for 4810 Chiles include maps which marginally at best show El Macero Village and Ellington as "Apartments", not e.g. perhaps 500 people or more within 500 ft.

    5) The documentation for 480 refers to the proposed buildings having visual elements similar to those nearby, but this is not inclusive of what's proposed for 4810 Chiles, which looks objectively remarkably different (and subjectively incredibly generic and ugly.)

    Circle K

    Proposal for 4810 Chiles… yeah, ugh…

    6) I understand the current zoning, the district plan already referred to by Staff as "out of date", but don't see how it makes sense to have a total of four car washes in close proximity to each other (three mentioned and the one behind the Chevron station at Mace and 2nd St.) and why it's been encourage or allowed to be pursued. Given the very close timing of 480 Mace and 4810 Chiles including the lack of time and effort for community input for 480 Mace, it also seems like a race. Perhaps the Planning Commission won't approve them but what if it does, because…

    7) Two of the proposed car washes are so close that their vacuums – or loud stereos played by customers – may be able to be heard by visitors to the other location, and more critically by the apartment complex that lies partially directly in between them, El Macero Village Apartments, where I live, except during the times that the sound of I-80 is louder, but then this all has at least a subjective cumulative effect.

    8) Fehr & Peers has done the Traffic Studies for both 480 Mace and 4810 Chiles, and also the design plans for the Mace Re-Design. For the former two they are working for the applicants and for the latter for the City (and County?). It's not clear if their work for the City for the Re-Design of Mace has been used for 480 – or also 4810 Chiles – but it seems so as in the Study for 480 they suggest mitigations for areas – namely, the intersection of Mace and Cowell – for which they've also proposed concrete design modifications at the direction of the City. Is this all perfectly normal?

  • Not the Road to Not Waste Water

    Poor Outreach, Questionable Process, Certain Traffic Risk, Likely Noise, Unlikely to Meet Shading Goals, Possible Toxic Micro-particulates… Do Plans to Recycle Water Make this Car Wash Acceptable?

     

    Wide view of proposed car wash

    Curious visualization provided by the applicant: Less than 50% shading of non-planted areas, with some trees not appropriate for Davis, no dirty or clean cars… and one person riding a bike on the sidewalk.

     

    The Planning Commission is holding a hearing scheduled for March 9, 2022 on the proposed Express Car wash at 480 Mace (at Cowell Blvd), and on this date it will presumably vote on recommendations for the project, which will be brought to the Council at an unspecified later date. See the above link for information about a community meeting on February 24 — The public comment period ends today.

    In my view there have been mistakes in outreach and process, and there are likely multiple negative impacts – mostly due to traffic and noise – of the proposed business at THIS location, only some which have been addressed – or mentioned at all – in the available documentation.

    A significant amount of the documentation is on the subject of how the facility will re-cycle water. It's not clear why the self-identified eco-friendly City of Davis doesn't already require this of all similar facilities, nor why the project applicant was not encouraged to – or on their own – partner with one of the existing facilities less than a few minutes away – to allow an update for water-saving and the newer-style hybrid full- and self-serve car wash proposed for this site.

    I've made a list of issues below to make this easier to digest, and for me to focus upon! Perhaps only some of these things bother you, perhaps some you've not considered….

    I live at the other side of the apartment complex next door and have no financial interest whatsoever in this location nor this type of business.

     

    Communication, Outreach, Process

    + Their documents from December promised "community outreach", yet they didn't organize it until after people complained following an article in the Davis Enterprise and a public notice sent out in early February to addresses within 500 ft of the proposed project site.

    + They did no outreach to the Pioneer Elementary School community until one was scheduled due to community pressure. It's not clear how this community has been notified about the sole meeting.

    + They've done no specific outreach to residents especially on the west side of El Macero Village next door, where at least six units are in line of sight to and close to 14 industrial vacuums that will start to be used seven days a week, and from 7AM to 7PM in the summer.

     

    NooutreachMOD

    A promise but nothing except under pressure – From the City of Davis website, and on there from last year (if you knew where to look) and in advance of the setting of the date hearing in the Planning Commission.

    + This was not brought to the Bicycling, Transportation and Street Safety Commission, which actually looked at the Mace Re-Design a week after the public notice about this was sent out.

    + It was not brought to the Natural Resources Commission, which would make sense to me due to its noise and even potentially positive water impacts, assuming people stop using another facility or don't wash their vehicle at home.

    + It was not brought before the Tree Commission. Though there's little being done to remove existing trees, developers do obligations for a certain amt of tree cover within a certain number of years.

     

    NotconnectedwithMaceMessMOD

    On February 7, 2022 Planning Staff told me " Mace Corridor Project is a separate process. This project is not directly related and will not conflict with Mace Boulevard modifications. I assume you are familiar with what is happening and know about the Feb 10 BTSSC meeting when they are scheduled to discuss the corridor.

     

    Traffic Risks

    + The Traffic Study suggests mitigations within the geographical scope of the Mace Re-Design project, with a final design the Council will vote on in March, before they've had a hearing on the proposed car wash.The proposed mitigations affect the same built features and signalization equipment. Is the intention that Planning Commission will recommend changes that the Council will decide in the scope of the Mace Project, before they decide again on the same elements at the car wash hearing?

    + The Traffic Study makes no mention of the driveway of El Macero Village, which is perhaps less than 50 feet from the proposed Cowell Blvd driveway for the car wash.

    + The Study proposes multiple mitigations for traffic impacts including a left turn pocket into the car wash from EB Cowell, which is in the footprint of the current EB driving path into the El Macero Village driveway.

     

    TrafficMOD1

    Paths used related to the project if there are no physical modifications that prevent movements. RED is motor vehicle movements, Blue is people riding bicycles, Green is people walking. Note that movements to and from the area at the right (east), El Macero Village, were not part of the Traffic Study.

     

     

    + The Study proposes mitigations solved by staff guiding customers, signage and some hard features (which physically-restrict turn movements, etc), u-turn allowances and so, all at an already busy intersection along a Safe Route to School for children from west of Mace who attend Pioneer ES, and including a bus stop for two NB Unitrans lines. Though there seems to be significant storage space inside for vehicles to queue waiting for a wash, an overflow will go into Mace, just north of the bus stop, and along a Class II bicycle facility.

    + A local tree expert has already spoken in Council that he doubts the tree coverage plans, e.g. the visuals show shading on areas besides concrete, when only the concrete, asphalt etc counts.

    NoSetBackNoTreeCover

    Heat Island? Facing South towards Cowell Blvd.

     

    + My research has shown that the industrial vacuums typically used for self-service at car washes don't have HEPA filters. It's not clear if micro-particulates from vehicle cleaning will affect nearby areas, e.g. the apartments nearby. This issue is not mentioned in the project documentation.

    + Planning Department Staff told me that the South Davis Specific Plan is "out of date" yet "not formally rescinded". The links he sent me were from 1987 and earlier. Though a car wash is allowed, lots of other things are also allowed. See here,

    NoSetBackDetail

    Out of Code? The Davis Municipal Code requires a 25 ft set back, but in the plan – the dotted area is the eastern limit of the property – the residential district is about 15 ft from the structure. See http://qcode.us/codes/davis/view.php?topic=40-40_16-40_16_050&frames=on

    + El Macero Village, next door, is very close to I-80. Units have modernized windows, but it's very noisy it they're open. People living nearby already have this burden to deal with. There's no car wash in Davis which has multiple self-service vacuum cleaner stations located so close to so many residences, and open so early AND late. (The only roughly comparable site is Cable Car, but it opens an hour or two later and closes an hour or two earlier, depending on the season. It doesn't have 14 vacuum units, let alone 21 in total like the proposed car wash.)

    + In many places in California it's not legal to wash a vehicle in front of one's house, and in Davis only  due to the drought do we have the minimal required mitigation of a nozzle on every hose. I recall using a car wash in San Francisco in the 1990's, and pretty sure that at the time all car washes had to recycle water. Why is "Eco-Davis" so far behind in this aspect?

    + Presumably the applicant has a business case, and this "pencils out" for them and any investors. But is this accessing an untapped market (people that never wash their cars or do it at home) or will it serve people who currently use facilities elsewhere in town or nearby? If the latter, is it helping reduce lines and waits at these places, or just taking business away? Has there been a detailed study on this? It's great to have a car wash that recycles water – and I have a car, too, which I like to keep clean – but this location simply presents too many challenges and risks in noise and traffic safety and environmental degradation.

    IMG_20220214_141807(1)

    This is a view from the entrance area at the second story apartments to the east of the project. The applicant produced no visualizations from this point of view. The proposed wall of seven feet in height will be just a little taller than the bushes next to the fence. It's likely that some of the vacuum bays will be in view of the apartment windows, which are closer and have a different angle than this view.

    I always prefer a locally-owned business when I have the choice. It's not relevant to me if they're successful immigrants and new to the region or country or have been in town for a long time, and that's not something that the Planning Commission should find particularly relevant.

     

    Zoning (and more about process…)

    The area has changed a lot since 1987, it's way more built up, and Mace is now seen by many tens of thousands of people as a legit bypass of I-80, and it's not clear what the Re-Re-design will change. The proposed site is immediately next to a residential site – and from what I see the proposed set back is too short, it's about 15 ft from a structure on the east side of the lot to the residential property line – and we know a lot more about negatives of sound then we did decades ago, though the applicant says it will be just at legal limits at peaks (stereos of customers mentioned in a discussion on NextDoor were not taken into account). So just the fact that this is an industrial site right next to a residential one makes it somewhat unique, and of course wealthy people in town and City Council members don't live next door, and on top of that, the aforementioned specific conditions tell me that a lot more communication from the City and from the applicant should have been done, rather a single meeting scheduled only after people wrote the City with comments.

    Perhaps it needs to be re-zoned. The world has changed since the early 1980's when zoning was sorted out for this location. Possibly for housing. New housing could have considerable mitigation for noise, with special windows, building materials and dense greenery Without any parking, which would just be a waste of space, and expensive to build underground, and to make up for not building it higher than 35 ft. The lot is roughly half the size of the lot next door, which has over 100 two and three-bedroom apartments, but also considerable space used for parking, green space and recreation areas. So perhaps up to 50 one to three bdrm apartments with a central atrium.

     

    In Conclusion…

    Formal problems such as an improperly limited traffic study, the over-lapping approval situation with the Mace Re-design, an apparently not enthusiastic position on community outreach, especially to most relevant elementary school, the unclear outcome of the Mace project (besides the formal overlap) and sensitivity of the area, perhaps newly realized, due to the shooting incident and collision in the past couple of weeks, tells me that we should all thank the applicant for trying to make a better car wash and create a few well-paying jobs with good insurance benefits, but to do it in another location — perhaps working with one of the current car washes not so far away to convert it to this more modern type.

     

  • Developers deploy paid operatives

    SpaffordandLincolnNote: The following comments made at the City Council's Feb 1, 2022 meeting.  The City Council, as expected, decided to proceed with putting the project on the ballot for voters to decide. 

    By Rik Keller

    I have provided a graphic illustrative of the corrupt local political environment. [Mr. Keller requested that this graphic be displayed during his comments, but unlike a pro-DiSC comment, his graphic was not displayed].  It shows self-promotional information from the local lobbying firm Spafford & Lincoln. In the bottom right corner you can see that they claim credit for deploying and managing 1,000+ operatives. As some of you may be aware, most of their business is done for the biggest special interest in town: real estate developers.

    Developers spend hundreds of thousands of dollars on campaigns to try to push their projects down our throats. This money flows through Spafford & Lincoln and then who knows where? There’s no regulation. It’s a dirty money slush fund.

    One of their strategies is to pay operatives to call, and to organize other callers who often know nothing about the project, some of whom probably don't even live in Davis. It’s a classic “astroturf” maneuver. Ask yourself: how many times have you experienced these meetings being spammed and being played by these operatives reading from their scripts?

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  • Why is DiSC back?

    Note: The following comments made at the City Council's Feb 1, 2022 meeting.  The City Council, as expected, decided to proceed with putting the project on the ballot for voters to decide.

    DISC overview shot

    By Roberta Millstein

    DiSC is back. But why is it back? Is it any better than the project that voters rejected just a little over a year ago?

    It has no new features. Indeed, the developer initially deleted a bunch of features from the proposal and, after pushback from the Planning Commission and others, has now added some of them back in. But at best that only restores the status quo to the previously rejected project.

    It is a reduced project, but half of huge is still huge. It’s the size of one Cannery instead of the size of two Canneries.

    It’s still a freeway-oriented and car-oriented project that will massively impact traffic on Mace Blvd, I-80, and adjacent Mace Ranch surface streets. As a consequence, the greenhouse gases from the project will shred the City’s already weak carbon neutrality commitment. Nothing the developers can do on site can change that, since most of the climate change impact would be from commuters to and from the site. Vague promises of possible transportation improvements don’t change this climate killer either.

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  • DiSC 2022: Same Old Choices

    Im-with-herBy Larry D. Guenther

    On Tuesday, the City Council will decide whether or not to put DiSC 2022 on the ballot again. DiSC 2022 is a new version of the project on the outside of the Mace Curve that was voted down in its last iteration. It is now about half the size of the previous project. One of the Council’s goals is economic development. Another of the Council’s goals is Carbon Neutrality by 2040. In our current development paradigm, these goals are contradictory. That’s because our current development paradigm is centered around the automobile and commuting workers.

    Approximately three quarters of our community’s total Green House Gas Emissions (GHG’s) come from transportation (78% projected for DiSC) – and the lion's share of that is single-occupancy vehicles; i.e. commuters. Hence the problem. DiSC is designed for commuters – it is designed in the current paradigm. The EIR for the DiSC project says that this project alone will increase the City’s total GHG’s by 4%. The EIR also states that this project will not allow the City to reach its carbon neutrality goal. These are not statements from opponents, this is from the project’s EIR.

    There is scientific consensus that if the average global temperature increases by 1.5°C, our environment (that is to say, ‘we’) will suffer extreme and irreversible negative consequences. There is also scientific consensus that the average global temperature has already increased by 1°C. Additionally global GHG’s – the primary cause of increased temperatures – are still rising. This project would continue that trend.

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