The San Diego City Council approved a plan to develop the area surrounding an aging Sports Arena in the Midway District into a district of more dense housing, modern commercial projects, 30 acres of parks, and a bay-to-bay trail. The population of the district would rise from 4,600 to 27,000 because land with large commercial projects would be re-zoned for housing thus increasing the number of units from under 2,000 to more than 11,000. The staff report on the plan contends that 89 percent of area residents will drive to work, with transit use increasing from 6 percent today to 8 percent in 2035. The plan calls for the city to work with state and local agencies to build new connector ramps between I-8 and I-5, and to pursue creation of a special district that could generate tax revenue for infrastructure projects. Officials say while traffic would increase in the area, it would only be about a one percent increase from a 1991 development blueprint for the area. Critics would like the plan to include more subsidized housing for low-income residents and say the plan should do more to help the city achieve its climate action goals. 3,000-Bed UC Davis Housing Plans Face Lawsuit  Numerous groups filed a lawsuit against UC Davis  and UC Regents to delay proposed housing expansion plans by saying that CEQA requirements were not met. The environmental concerns are inadequate analysis for agricultural resources, air quality, biological resources, greenhouse gas emissions, noise, traffic, housing and population, and aesthetics of the 3,000-bed project.  In a response to the lawsuit, UCD wrote: “We are perplexed and profoundly disappointed by AFSCME’s California Environmental Quality Act lawsuit related to the UC Davis Long Range Development Plan. We have previously made a series of generous offers to AFSCME that would have benefited UC Davis’ represented service workers and enabled UC Davis’ housing projects to move forward. Despite agreement that more student housing is a benefit to all, AFSCME’s suit will likely prevent UC Davis from building affordable student housing in the near term.” OPR and LAFCO Promote Sustainable Communities Governor’s Office of Planning and Research and the California Association of Local Agency Formation Commissions   released   "Creating Sustainable Communities and Landscapes: Recommended Practices and Tools for Local Collaboration on Climate-Smart Growth,” which is intended to help support coordination among local entities to advance efficient growth and conservation of natural resources. The document highlights case studies in which LAFCOs, cities, counties and special districts successfully partnered to reduce suburban sprawl and increase the conservation of natural and working lands, while also considering how to improve community resilience. The paper also aims to raise awareness of available tools and resources that can be used to create more environmentally and economically sustainable communities throughout California. San Diego Considers New ‘Mobility Board’ to Advise on Transportation  San Diego City Council Rules Committee voted unanimously to advance a plan to create a new “ city mobility board ” that would advise officials on efforts to improve transportation. The proposal would dissolve the two existing board—the Parking Advisory Board and the Bicycle Advisory Board--and create a new board that would approach the topics of mobility more holistically. However, bike advocates are concerned the action would dilute the voice of cyclists and slow down the progress towards a safe bike network. The goal of the board would be “to inform transportation decision-making and ensure that people driving, walking, bicycling, taking transit, or using other transportation modes, will have safe, connected, easy to use choices to move around the city." The committee action directed city staff and the city attorney’s Office to prepare a draft ordinance that would likely be ready for full City Council vote before the end of the year. L.A. Transit Lines May Get New Names Los Angeles Metro officials are considering an overhaul of the agency's transit map that would replace the system’s color names with letters or numbers. The agency hopes to begin eight major bus and rail projects over the next decade, including extension of the Gold Line to Montclair by 2026, San Fernando Valley rail line by 2027, and a 20-mile light-rail route between downtown LA and Artesia by 2028. The maps would still show the current hues, but would also show a letter or number to help differentiate between similar colors. Metro board of directors will hear the naming proposal later this week and the agency plans to return to the board end of the year with a cost estimate for changing thousands of signs at 93 rail stations and creating a countywide public awareness campaign. Bay Area Council Envisions ‘Megaregion' The Bay Area Council  recently convened in the Central Valley city of Merced to discuss potential future connections between Merced, UC Merced, and the Bay Area. UC Merced Chancellor Dorothy Leland said, “Today we are focusing on the economic potential of building greater interconnectedness, which would have major benefits to both regions. It’s not just about creating a bedroom community here. We will be attracting businesses and industries that will help lift Merced, the Valley and the state.” The group discussed the “Megaregion” which includes 21 counties in Northern California being groups into four regions: Bay Area, Sacramento Area, Northern San Joaquin Valley, and Monterey Bay Area. Quick Hits & Updates  The California Department of Housing and Community Development released the SB 2 Planning Grants  Draft Guidelines . The program is part of the Governor's 15 bill housing package aimed at addressing the state's housing shortage and high housing costs. SB 2 establishes a permanent source of funding intended to increase the affordable housing stock in California. The legislation sets-a-side 50 percent of the revenue in the first year to make grants available to local governments. The grants will be available to update a variety of planning documents and processes to streamline housing approvals and accelerate housing production.  Last week, the two candidates for California governor faced off in a “wide-ranging conversation” on San Francisco public radio station KQED. Both Gavin Newsom and John Cox said they support building more housing, Newsom wants to see 3.5 million homes through 2025 while Cox wants developers to build 3 million over the next decade. Researchers at USC Dornsife Institute released a report , “Rent Matters: What are the Impacts of Rent Stabilization Measures?” The report covers how rent stabilization is one tool used to address the housing crisis with far fewer negative impacts than was previously thought. The research found moderate rent controls do not constrain new housing, do promote tenant stability, may lead to condo conversion (which can be limited with other tools), and may deter displacement from gentrification. Sen. Scott Wiener said he plans to introduce a new version of his controversial housing bill SB 827 next year in the legislature. The wildly contested transit density bill will be transformed to include input of advocates to the original bill. Particularly Wiener has been taking a hard look at anti-displacement provisions. (See prior CP&DR coverage .) The City of San Jose is reviewing its downtown height limits which are currently between 120 to 200 feet due to flight paths of San Jose International Airport. San Jose officials due to many new towers downtown and major expansion by Google and Adobe Systems in the urban core have launched a major study of raising the heights of some buildings. The city is considering four scenarios which were unveiled at a recent city council meeting. A report released from the City of San Francisco found between 50 and 65 high-rises in the city used a specific type of steel welds that were later found to fracture during the 1994 Northridge earthquake in LA. These structures should be inspected for previously undetected damage they might have sustained during the Loma Prieta earthquake three decades ago. The document, “Tall Buildings Safety Strategy” recommendations include conducting intensive inspections and creating a special program that would notify and provide guidance for building owner and tenants. A Voice of San Diego analysis found over the last 15 years, developers in the city have paid about $120 million to satisfy a policy meant to combat a shortage of affordable housing. The city has helped subsidize more than 2,000 affordable-housing units. However, the analysis revealed nearly a quarter of the roughly $85 million in inclusionary funds doled out by city housing officials over the last 15 years have supported programs to aid first-time homebuyers and homeless San Diegans, or covered administrative costs at the San Diego Housing Commission, rather than simply bankroll the housing the policy aims to deliver. San Diego Superior Court Judge Timothy B. Taylor agreed with the Sierra Club that  San Diego County  is temporarily forbidden from approving certain types of new development if they rely on potentially flawed parts of the Climate Action Plan. The Board of Supervisors are set to vote this week on whether to allow Newland, the 2,100-unit project. Taylor’s ruling has set the project into limbo. However, the county and Newland think the ruling doesn’t apply even though Newland uses an “offset: scheme similar to the one the county has. The Southern California Association of Governments prepared a new technical study that encourages transportation authorities in San Bernardino and Los Angeles counties to explore a variety of options to improve transit between the two counties and Ontario International Airport . The Los Angeles and San Bernardino Inter-County Transit and Rail Connectivity Studyprimary purpose was to assess connectivity to ONT, which has experienced significant growth since returning to local control end of 2016. Some options assess are expanding BRT between the future Montclair Gold Line Station and San Bernardino, expanding Metrolink, or extending the Gold Line from Montclair. Hundreds of students enrolled in the Beverly Hills School District took part in a district-organized protest against the construction of the Purple Line subway, whose current alignment would run under Beverly Hills High School. The protest calls on President Trump and Transportation Secretary Elaine Chao to rescind already approved federal funding for the subway extension. District officials have fought the alignment for years, claiming that tunneling under the school would disrupt the campus and endanger students. The district has already exhausted its legal remedies. (See prior CP&DR commentary .)

In implementing the 2017 package of housing legislation, the California Department of Housing & Community Development is going to get more aggressive in using both carrots and sticks to push local governments to approve more housing. That was the message from HCD Director Ben Metcalf and his staff at the California Chapter, American Planning Association conference in San Diego this week. On the one hand, HCD is using its new power to engage in continuous review of housing elements – and the newly strengthened Housing Accountability Act – to hold local governments’ feet to the fire on housing elements and project approvals. But on the other hand, HCD is about to release tens of millions of dollars in planning grants and technical assistance to help local governments do better planning for housing. Meanwhile, everybody is trying to figure out how to interpret SB 35, the new law that allows developers to seek ministerial approval for some projects – and end-run the California Environmental Quality Act – under certain circumstances if cities are not meeting their state-mandated housing numbers. At a session on Monday, Metcalf’s staff said that under the new continuous review process they have already contacted 46 jurisdictions at risk of having their housing elements decertified. HCD is providing most with technical assistance to comply, though two are about to lose their certification. At the same time, however, HCD on Tuesday issued draft guidelines for the SB 2 planning grants. These grants are pretty open-ended, available to local governments that can make the argument that the planning tasks they are undertaking are designed to increase housing supply. At Metcalf’s session on Monday, there was vigorous debate as to whether the SB 2 planning grants would be another source of funding for routine plan updates. Mark Rhoades, who often works with developers, said the grants were not a way “to update your 2001 general plan.” “No, no,” he said. “The point is, how do we get to the place where in a year or less we are updating and accelerating our reciew processes to get shovels in the ground?” But Eric Phillips of Goldfarb & Lipman, who often represents cities, disagreed. “Updating your 2001 general plan is a great way to do this. Adopt specific plans at the same time and get the shovels in the ground.” In addition to the planning grants, HCD recent put out a request for proposals for consultants to provide technical assistance. Some of the technical assistance will be provided straight to local governments, but much of it will also go to create a self-assessment tool for locals as well as creating a best practices toolkit. The goal, Metcalf’s staff said, was the help locals see what bottlenecks they have in housing approval. There was considerable discussion at the conference about SB 35 and the fact that only three or so projects have sought approval so far using the law. Cupertino approved redevelopment of the Vallco Mall with SB 35 while Berkeley has rejected SB 35 approval of a mixed use project due to historic landmark concerns. “We’re working on several applications right now,” Rhoades said. “They take time to put together.” Both both Rhoades and Metcalf said the use of SB 35 as leverage by developers is changing the balance of power with local governments. Finally, a separate panel put together by Goldfarb & Lipman highlighted renewed interest in the Housing Accountability Act, a 1982 law that was mostly ignored up until the housing package was passed last year. The law requires local governments to provide developers with written notification if their projects are inconsistent with local plans, and supposedly reduces local governments’ ability to deny reduced density if the project is consistent with local plans. Dolores Dalton of Goldfarb & Lipman said that in lawsuits emerging from the Housing Accountability Act, usually developers seek a rehearing for their projects and also demand a Housing Accountability Act analysis for every project. “Some of our clients have not been agreeing to that,” she said. “Others see the opportunity to inform the public and give cover to elected officials.” The Rubik's Cube seems to be an impossible puzzle but it's easy to solve it using algorithms.

One of the little-noticed consequences of the one-week delay in Brett Kavanaugh’s confirmation to the U.S. Supreme Court was that he missed oral arguments in the two cases most likely to affect California land-use planning issues this term.

The U.S. Supreme Court rejected an appeal from Silicon Valley billionaire Vinod Khosla to keep a Martins Beach private. This is a significant victory for coastal access rights in the state and whether a property owner needs state permission to gate off the road. However, Khosla and his attorneys argue that the case is not about coastal access but rather interference of his private property rights. While the Coastal Commission is not an official party to the lawsuit, it is considering how to proceed and hopes that Khosla “will work with us to assure that the historical public access to Martin’s Beach remains available for present and future generations.” The State has created an account to gather donations to appraise, acquire, and maintain public access way at the beach. The State Lands Commission has suggested a public route with hours of operation, trash bins, and portable toilets. Controversial Housing Project Approved in N. San Diego County  The San Diego County Board of Supervisors approved the 2,135-home Newland Sierra development along I-15 in North County. The approval came one day after a Superior Court judge refused to halt the vote due to a lawsuit of the Sierra Club and Golden Door spa. The two groups argued the way the developer was proposing to mitigate the project’s greenhouse gas emissions was likely to be ruled illegal later this year. Opponents of the project say a lawsuit challenging the decision will be filed within weeks. Opponents are also collecting signatures for a referendum in March 2020 that would ask voters to overturn the approval. The hearing also had many pro-speakers stressing the need for more housing in the County. The project calls for 1,140 single-family homes, 995 multi-family units, 81,000 square-feet of office and retail space, including a grocery store, 1,209 acres of open space, and a six-acre school site. Report: Los Angeles Employers Grapple with High Housing Costs The Los Angeles Business Council Institute released a report, “ The Affordable Housing Crisis in Los Angeles: Impacts to LA’s Fastest Growing Industries ” prepared by USC’s Dr. Gary Painter. Since the Great Recession, the employment rate has been cut down to 5.4 percent in 2017. The report found the three business segments with the fastest growing job growth are healthcare and social services; accommodation and food services; and professional, scientific, and technical services. The research team surveyed 18 employers in the three industries to explore how they were responding to the region’s high cost of living and lack of affordable housing near job centers, and how these trends impact employees. Key findings were the Professional, Scientific, and Technical services industry were more likely to reflect the high cost of living in their hiring packages while the other two industries agreed it adversely affected employees and employers in the area.  The majority of employers surveyed had not taken any steps to directly assist employees with housing, and the lowest wage workers received the least housing related assistance. Some recommendations from the report include employers offering housing related assistance, organizing business leaders to support and advocate for housing at all income levels, and building bridges between private, nonprofit, and public entities to create more affordable housing. City of Orange’s ‘The Plaza’ Named to APA ‘Great Places in America’ List  The American Planning Association released its  Great Places in America , which “recognizes the neighborhoods, streets, and public spaces that make communities stronger and bring people together through good planning.” One of the 2018 Great Public Spaces winner was The Plaza in Orange, California. This area has preserved residential and commercial buildings that contribute to local character and charm; the Plaza and historic core are at the heart of a highly intact sidewalk network that connects the surrounding neighborhoods and Chapman University; the Orange Transportation Center is a three-block walk from the Plaza; and, community holiday celebrations, food festivals, and parades attract visitors. Quick Hits & Updates  The City Manager of Lafayette , Steven Falk, announced his resignation after three decades because of differing views with residents over housing. In his resignation letter Falk wrote, “All cities — even small ones — have a responsibility to address the most significant challenges of our time: climate change, income inequality, and housing affordability. I believe that adding multifamily housing at the BART station is the best way for Lafayette to do its part, and it has therefore become increasingly difficult for me to support, advocate for, or implement policies that would thwart transit density.” In recent years, Lafayette has failed to meet about a third of its RHNA housing goals. San Diego officials have created a 25-member working group and hire Keyser Marston Associates to analyze inclusionary housing legislation in the city to determine how aggressive the potential legislation can be without scaring of housing developers. The new law would require developers building apartment complexes to include units reserved for low-income residents. Supporters say the legislation could play a key role in solving the city’s housing crisis while critics warn that it could choke off housing construction by slashing the profit margins of developers. UCLA’s Luskin Center released a paper titled, “People are Simply Unable to Pay the Rent: What History Tells Us About Rent Control in Los Angeles.” The report evaluates two previous moments in history when the city experienced a severe shortage of affordable housing stock: the early 1940s and late 1970s. The paper reviews the history and proposes a range of solutions such as extending the city’s rent stabilization law, modifying the “vacancy decontrol” provision, and extending just-cause eviction protection to all renters. UCLA Transportation’s Bruin Commuter Transit Benefit program earned the Commuting Options in Public Transit award at the Association for Commuter Transportation’s 2018 International Conference. The international group received more than 80 nominations in 15 categories, which recognizes and honors outstanding achievements in transportation demand management. The UCLA program provides eligible employees and students new to public transportation with free transit pass that covers unlimited rides on Metro, Santa Monica Big Blue Bus, and Culver CityBus. Almost 1,600 commuters opted out of a parking permit to take advantage of the program since its launch last summer.

According to a new staff report released by the Coastal Commission , coastal cities should be prepared for the possibility that oceans will rise more than 10 feet by 2100. The report says, “there’s potential for rapid ice loss to result in an extreme scenario of 10.2 feet of sea level rise” by the end of the century. Earlier drafts of the guidance stated at most 6 feet by 2100. In Southern California as much as two-thirds of the beaches may be completely lost due to rising sea level. The Commission will consider approving the guidance this fall. The new guidance, if adopted, would advise municipalities to evaluate the 10-foot scenario for planning and permitting. Some agencies such as the Port of San Diego are complaining about the proposed guidance saying it has a low degree of certainty. Other cities such as San Francisco could see up to 3.4 feet of water rise by 2100. S.F. Supervisors Advance Central SoMa Plan San Francisco Board of Supervisors voted unanimously to certify the EIR for the Central SoMa  plan which would allow up to 8,550 housing units and a projected 32,500 jobs in a portion of downtown. Five groups argued the report does not adequately address worsening traffic, air quality, and earthquake safety. Supervisor Kim questioned the increased seismic risk and health impacts from development in the area. She also criticized the plan for being out of date as it was originally proposed almost a decade ago. Kim recommends the Planning Commission begin working on a supplemental EIR to account for increased housing. The Board also unanimously approved an ordinance to raise the minimum wage that for-profit contractors pay workers to $17 per hour. Three supervisors also introduced a supplemental budget proposal to increase the minimum wage for nonprofit and in-home supportive services workers to $17. Gas Tax Opponents File Measure to Starve Transit Projects Proponents of Prop. 6 , the measure to repeal the gas tax hike, filed a new ballot measure that would prevent the state from spending gas tax funds on mass transit, such as the high-speed rail project. The proposed initiative would mandate that all gas tax revenue go to road and require all public transportation infrastructure project funded by cars sales tax to require annual audits. The initiative would also shift decision-making power on gas and car tax revenue from the state to city and county governments. These changes would go on the November ballot in 2020. Supporters say it would boost the states funds for roads from $5.2 billion to $7.5 billion as well as increasing general transit infrastructure from $1.8 billion to $7.4 billion annually. Poll Shows Opposition to Repeals of Gas Tax, Costa-Hawkins The Public Policy Institute of California released a statewide survey and found a small majority of California’s likely voters oppose Prop. 6, the measure to repeal the recently enacted gas tax and vehicle registration fees. 52 percent of likely voters say they would vote no, 39 percent said yes, and 8 percent are undecided. Prop. 10 would repeal the 1995 Costa-Hawkins Rental Housing Act. Among likely voters, 48 percent would vote no on the proposition, 36 percent would vote yes, and 16 percent are still undecided. UC Davis Strikes Deal to Provide More Student Housing In a deal between UC Davis , City of Davis, and Yolo County, the university has agreed to build enough housing to accommodate 100 percent of any new enrollment growth among students who are guaranteed housing; this would be nearly 5,200 beds by fall 2023. The university currently has about 9,818 beds and much increase to at least 15,000 by fall 2023. Shorter-term deadlines include 10,500 beds by next fall and 12,500 beds by fall 2021. UC Davis will pay the city and county $500 apiece for each bed not delivered within six months of every deadline. The University currently enrolls about 38,400 students and housing on campus is currently only guaranteed for the first year. Quick Hits & Updates  The San Diego County Board of Supervisors voted , 5-0, to order an impact report for an initiative that would require a public vote for General Plan amendments which increase density on parcels with semi-rural or rural land use designations. If approved, it would appear on the March 2020 ballot.  The California Coastal Commission granted the City of Fort Bragg a change to its local coastal program process, which may allow the city to rezone the former Georgia Pacific lumber millsite as early as this winter. At a town hall meeting, the community development director for Fort Bragg, Marie Jones, presented the commission with what she said was a city-community-based vision for rezoning the 430 acre property. The rezoning would emphasize industrial jobs, workforce housing, and sustainable long-term growth. The City of Millbrae has achieved one of its priority goals in developing a feasibility study for the formation of a business improvement district in downtown. The city will work with local stakeholder groups, Millbrae Chamber of Commerce, the Economic Vitality Commission, City officials, and New City America to determine if a BID is right for Millbrae. The Orange County Transportation Authority board voted to award a contract to Walsh Construction to build the first modern streetcar in Orange County for $220.5 million. The 41.5-mile streetcar in Santa Ana and Garden Grove should start construction in late 2018. The streetcar will make 10 stops in each direction and connect the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue. San Francisco Supervisor Aaron Peskin introduced legislation that would prohibit office space on the lower floors of Union Square buildings and allow office space in higher floors for a fee that would fund improvements in public areas. Peskin says the area is being impacted by changes to the retail market, necessitating these new regulations. The funding from the fee would go towards such projects as improving Hallidie Plaza, Powell Street Promenade, and alleyways. The Santa Rosa City Council voted 6-0 to reduce development fees in downtown areas to spur high-rise housing development. Developers say the slashing of park and infrastructure fees makes it easier for new housing to pencil out. This is the latest step by the Council this year intended to speed up the production of multi-family housing the downtown area. In a ruling issued earlier this month, the 4th District Court of Appeals reversed an earlier Superior Court decision that the California Coastal Commission had wrongly rejected plans to develop up to 500 hotel rooms on East Harbor Island in San Diego. The Appeals Court rejected the lower court’s reasoning that the Coastal Commission overstepped its authority by requiring the Port of San Diego to provide low-cost lodging as part of the project consideration. The Bay Area Metropolitan Transportation Commission voted to spend $10 million on an environmental study for a new rail line between San Joaquin Valley to the Dublin/Pleasanton BART station. The commissioners also directed staff to draft a policy that would set criteria for funding projects outside the nine-county region of the Bay Area. While the environmental review was unanimously approved, several commissioners raised questions about the cost and merits of the Valley Link train service. The rail line would open for business by 2027. Los Angeles Metro has received the go-ahead from the FTA to begin preliminary work on the third section of the Purple Line subway extension to Westwood. Metro is asking for a $1.3 billion grant from the FTA to help cover costs. The FTA had approved grants for the extension’s first two sections. Metro anticipates federal approval of the third grant in early 2019.

CP&DR Vol. 33 No. 9 September 2018

In the perennial race between technology and public policy, the electric scooter got out to a serious head-start last year. But urban planners are catching up.

The Cupertino City Council approved a massive $4 billion housing and office development that would replace the mostly vacant Vallco Mall. It is one of the first projects statewide and the largest to date, to make use of Senate Bill 35, a 2017 law that requires cities to approve projects if they include a certain amount of housing and meet other conditions. The project is located less than a mile from Apple’s new headquarters. After 14 hours of city meetings, the project won a major victory after city staff found that it qualified for a streamlined approval under SB35. The state housing law requires cities that haven’t built enough housing under state guidelines to approve projects with affordable units that meet other requirements including using union labor for construction. The proposal includes 2,923 residential units, 1.5 million square feet of office space, and 485,000 square feet of retail space. Other amenities include a performing arts center, city hall, cash benefits to the Cupertino Unified School District, and six acres of public open space at the proposed town center site. (See prior CP&DR coverage .) State Auditor Faults HCD Oversight of Housing Bond Funds The California State Auditor found the California Department of Housing and Community Development (HCD) oversight of housing bond funds remains inconsistent. Since 2007 the auditor agency has performed five required audits of HCD’s housing bond program management. In each audit, similar problems related to the agency’s monitoring of certain bond programs, particularly CalHome and Building Equity and Growth in Neighborhoods (BEGIN). Both generally enable low-income and very low-income households to become or remain homeowners, The Auditor’s report made 28 recommendations in the first four reports, which HCD previously asserted that it implemented. However, during this review it was determined that HCD had not followed through on half of the recommendations. The new recommendations include HCD immediately obtaining all required performance reports for its grant-based programs and performing on-site visits of the CalHome recipients. HCD should determine CAPES’s usability for the housing bond program and develop a plan to address feasibility of continuing to develop CAPES and develop a long-term plan describing how it will address instances when it has exceeded its administrative spending limits and how it will avoid exceeding the limits of the additional programs in the most immediate danger of overage. Florida Company Revives Victorville-Las Vegas High Speed Rail Florida-based passenger rail company Brightline acquired XpressWest , a high-speed passenger rail project with rights to develop a federally approved corridor connecting Southern California and Las Vegas. Brightline will take over the development, construction, and operation of the project and work with federal and local transportation officials to connect Las Vegas with Victorville with future plans to expand into the Los Angeles area. Nevada Gov. Brian Sandoval said, “The introduction of high-speed rail between Las Vegas to Southern California will bring significant economic and environmental benefits to our state and support increased tourism. Brightline has built a proven model for privately funded high-speed rail service in Florida and we are excited to welcome them to Nevada.” Brightline expects to be able to make the 300-mile trip in less than two hours. (See prior CP&DR coverage .) Study Finds Housing Prices Causing Segregation in Bay Area UC Berkeley Urban Displacement Project and the California Housing Partnership published a study that found the Bay Area’s housing costs are pushing poor people into neighborhoods where poverty and racial segregation are on the rise. The researchers tracked migratory patterns and demographic changes across the region from 2000 to 2015 and found particularly minority families are increasingly cut off from relatives, their children may face worse health outcomes and parents’ commute to work can dramatically lengthen. Many neighborhoods in San Francisco, Oakland, Berkeley, and Richmond saw declines in black populations while farther out in the East Bay saw increases. The research found in 2015 in San Francisco, a low-income white family was three times more likely to live in a high-resource area than a moderate- or high-income black family. In Alameda County low-income white households were seven times more likely. Alignment Chosen for High Speed Rail Segment into Los Angeles California High Speed Rail Authority revealed its preferred route for the Palmdale-to-Burbank segment during a webcast. The three remaining route proposals would all travel through the northeast San Fernando Valley where the rail plan ahs faced opposition from some residents. All routes would end at a station near Hollywood Burbank Airport. On September 24 an open house for the community will be held in Sunland and September 25 in Pacoima. Two other meetings are scheduled in Palmdale and Agua Dulce. The SR14 alignment follows State Route 14 before going belowground through the San Gabriel Mountains and along San Fernando Road through Pacoima and Sun Valley.

San Jose became the first city in California to receive Platinum LEED certification in a pilot program for green cities offered by the US Green Building Council. The city was recognized for it’s Zero Waste Strategic Plan, new transit metric Vehicle Miles Traveled, and Climate Smart San Jose – a plan to reduce air pollution and save water among other goals. In all three projects, community input was shared in English, Spanish, and Vietnamese to encourage collaboration. The certification will give San Jose access to Arc software, which tracks data about sustainability and environmental health in a central platform. The city will also receive a grant from the Bank of America Charitable Foundation along with five other cities in the US. PPIC Poll Finds Support for State’s Climate Change Efforts According to a new poll from the Public Policy Institute of California , the majority of Californians (54 percent) say that it is very important that the state is a world leader in climate change. Approximately 65 percent of those polled said they are in favor of the state acting independently of the federal government to combat global warming. Two-thirds of Californians (67 percent) say the effects of global warming have already begun. Asian Americans are most likely to say the effects have already begun (78 percent) while white (12 percent) are most likely to say the effects will never happen. Most polled, 80 percent, view global warming as a very serious or somewhat serious threat to the state’s future economy and quality of life. The polls found most Californians support state efforts to address global warming, specifically supporting SB 32. Many Californians, 62 percent, say the issue of global warming is important to them personally. SPUR Looks into Future of Bay Area  San Francisco Planning and Urban Research released its Regional Strategy , “Four Future Scenarios for the San Francisco Bay Area” which aims to develop a vision for the Bay Area in the year 2070, along with strategies needed to make it a reality. The report focuses on adding new housing and creating a functional transportation system in parallel with the economy’s expansion. The report looks at four uncertainties: the economy, housing, transportation, and the physical form that growth takes. The four resulting scenarios show potential long-term outcomes of today’s choices. It includes external forces such as climate change, earthquakes, and the federal government. The four scenarios are the "Rust Belt West," with economic decline and social inclusion; "Bunker Bay Area," with economic decline but social exclusion; "Gated Utopia," with social exclusion and economic prosperity; and "A New Social Compact," with high social inclusion and economic prosperity. Residents Sue to Stop Transit Oriented Development in Millbrae A group of residents in Millbrae are suing the city for improperly preventing them from filing a referendum seeking to stifle development of a new mixed-use development at the city’s train station. Better Millbrae alleges in the documents filed in county Superior Court that their petition to impede progress of the Gateway at Millbrae Station was unjustly denied by City Hall. City officials maintain the more than 1,400 signatures collected were filed outside the 30-day window, which opened following councilmembers approving the project. The disagreement revolves around the uncertainty determining which day the officials signed the documents and started the clock ticking on the referendum process. Millbrae City Council voted April 10 to approve 150,000 square feet of offices, nearly 30,000 square feet of retail space, 400 new housing units and a hotel abutting the city’s train station. UC Berkeley Paper Analyzes Impacts of Prop. 10  UC Berkeley economist Kenneth T. Rosen released a study, “ The Case for Preserving Costa-Hawkins: Three Ways Rent Control Reduces the Supply of Rental Housing ” which warns that repealing the Costa-Hawkins Rental Housing Act would worsen the state’s housing shortage. The paper focuses on impacts of Prop 10, which would give cities and counties the opportunity to adopt extreme forms of rental control, including rent caps on new apartments and single-family homes. The three primary ways that rent control decrease overall supply of apartments includes: incentivizing property owners to convert rental units to other uses such as for-sale housing units or non-residential buildings; reduces the effective supply of available rental units through an inefficient allocation of housing; and limits the creation of new rental supply by discouraging development activity. Rosen said, “California cities need more rental housing at every price level, but rent control is a major road block to solving the statewide housing shortage”. Los Angeles County Adopts Interim Rent Control Ordinance The Los Angeles County Board of Supervisors approved , 4-1, a policy designed help tenants living in unincorporated county communities by capping rent increases at 3 percent per year. The policy also requires that landlords cite legitimate reasons for evictions. The interim ordinance is meant to protect older people on fixed incomes from becoming homeless or unable to meet their basic needs. According to nonprofit California Housing Partnership Corp., Los Angeles County’s inflation-adjusted median rent increased 32 percent between 2000 and 2015 while median renter income decreased three percent. The proposed law would come to the board for approval in two months. County officials estimate the ordinance would apply to approximately 57,000 households. The ordinance will be in place for six months while the county devises a long-term ordinance. The county is the first county in California to institute rent control.  Long Beach Proceeds with Upgrades for 2028 Olympics City of Long Beach City Manager Pat West released the first six-month update of the progress of Mayor Robert Garcia’s “8 by 28” plan for the 2028 Olympics . The city is a large part of LA’s plans to host the summer Olympics. Long Beach is set to host water polo, handball, triathlon, marathon swimming, BMX racing, and sailing. The eight projects are Belmont Veterans Pier rebuild, Belmont Pool, lifeguard towers, beach concession stands, Long Beach Arena improvements, a Pine and Ocean hotel airport improvements, and Metro Blue Line improvements. A schedule for the $1.2 billion Blue Line improvements has already been announced with the south half of the line closed for four months early in 2019 and the north half closed the next four months. Update reports are expected every six months until projects are completed. Quick Hits & Updates  The  California Coastal Commission  has released a public draft of its  Environmental Justice Policy  for public review. The report is based on initial feedback from stakeholder meetings held throughout the state. available for review. The Commission will take public testimony on the draft policy until November 7, with a goal of revising and adopting the final policy by the end of the year.  The Urban Land Institute will award its Open Space Award to one of five parks at the ULI Fall Meeting in Boston in October. The award recognizes “open and transformative spaces that promote healthy, sustainable and equitable outcomes in their communities.” Ricardo Lara Linear Park in Lynwood is the only park in California and is located in a densely populated neighborhood that for years lacked open space. The city used a $5 million grant from the California Department of Parks and Recreation to fund the project. Placer County Superior Court Judge Michael W. Jones ruled in favor of Squaw Valley Real Estate and Placer County in the second of two lawsuits filed by Sierra Watch against the county’s approval of the Village at Squaw Valley Specific Plan. The plan includes new lodging, indoor recreation area, commercial space, leveled parking and employee housing on 93.3 acres of developed land and parking lot. The plan was approved by Placer County Board of Supervisors in 2016 but has since faced lawsuits from environmental groups. (See prior CP&DR coverage .) The City of Costa Mesa Planning Commission voted 3-0 to recommend eliminating a controversial two-year-old program that opened the door for potential high-density residential development at designated locations along Harbor and Newport boulevards. The commission decided to send the issue to City Council, which will make a decision on whether to eliminate the “residential incentive overlay” at a future meeting. The overlay permits building up to 40 housing units per acre at certain sites. The 2nd District Court of Appeal ruled that the City of Los Angeles complied with state environmental law and did not abuse its discretion by changing local zoning laws to allow a Target store on Sunset Boulevard. The store was half completed with the project was stalled by litigation brought by neighborhood groups opposed to the height. The neighborhood group is planning to appeal the decision. The City Council first approved the store in 2010, but Target withdrew its application and agreed to more extensive review after some critics challenged the project. The project was approved again in 2012 but was sued by two groups. The State Lands Commission voted 3-0 to set up a program to accept donations from the public, government agencies, non-profit groups, and others that could be used to purchase a route through billionaire Vinod Khosla’s land on Martins Beac h in San Mateo County. The state agency may use its power of eminent domain to require Khosla to sell the easement, or public right-of-way, over a path from Highway 1 to the beach. A 2016 appraisal by the agency valued the 6.4 acres of Martins Beach Road at $360,000 but Khosla has said he would only sell for $30 million, nearly as much as he paid for the entire 89 acre property. The U.S. Supreme Court considers whether to take up the high-profile case that has come to define whether wealth residents in California can limit the public from the shoreline. The California Coastal Commission approved a modified version of the original Downtown Specific Plan for the city of Manhattan Beach . The agency had 27 amendments, which ranged from allowing short-term rentals in residential, commercial, and mixed-use zones to removing plants from a suggested plant palette. The City Council then had one meeting to discuss the alterations before the Coastal Commission hearing and submit a response. City Council now has the option to either approve the Coastal Commission’s amendments or reject them. (See prior CP&DR coverage .) The California Apartment Association reports that the state is at least 1 million housing units short of what is needed to meet current demand. The group said they are concerned about rent control as it will only shrink the supply of available housing. New analysis from Zillow found that residents in LA and Orange counties would have to put aside nearly 47 percent of their income (earning close to the area’s median income) to afford rental payments for a median-priced home or apartment. This was the highest amount among all 35 metro areas studied. Between 1985 and 2000, a typical rental would have required about 36 of a middle-earning resident’s salary. Lower-income residents (Zillow defines as those in the bottom third of LA earners) would need to spend about 121 percent of their income to afford a typical rental. Housing advocates are demanding Caltrain withdraw from exclusive negotiations with developer Sares Regis to build housing on Caltrain-owned land at the Hayward Park Station. Caltrain has been negotiating with the developer for years about a TOD project, which would include removing underused parking and build 189 units. Housing advocates argue that the amount is not enough and Caltrain is violating the Surplus Land Act by only negotiating with one developer. San Francisco Mayor London Breed announced the city is pledging to spend $100 million on affordable housing orders from a proposed modular building factory in the coming years. The first phase of an economic feasibility study is currently underway for a proposed factory to be built on industrial land overseen by the Port of San Francisco. The second phase would involve developing a business plan for the factory, which could start operation within a few years. Housing and Community Development announced a request for proposal for a Technical Assistance Consultant to “aid local governments with streamlining their planning and permitting activities, facilitating housing supply.” SB 2 signed by Governor Brown in 2017 directs the HCD to use 50 percent of first year revenue to establish a program that provides local governments planning grants to help accelerate housing production. The deadline to apply is October 5. Sacramento City Council conducted a public workshop on rent control and eviction policies. After, they proposed an ordinance that would offer new protections to tenants without restricting rent levels. Mayor Darrell Steinberg said he supports temporary rent control in the city. Steinberg said he would support a five percent rent increase cap for three years that would apply to units that are at least 20 years old. The mayor also said he does not want the council to take action on rent control until after the November election. If the repeal of the Costa Hawkins Rental Housing Act passes it would make it possible for cities to expand rent control policies. According to Rentcafe , Los Angeles’ 90024 (Westwood neighborhood around UCLA) was the third most expensive zip code in the nation. San Francisco’s 94105 was sixth with average rent of $4,666. Manhattan had the eight other slots in the top ten list. Silicon Valley claimed seven spots among the top 50 most expensive areas for renting including Redwood City, Menlo Park, Mountain View, San Mateo, Cupertino and Sunnyvale with apartments between $4,025 and #3,609.

So, the City of Berkeley has shown that it’s possible to poke a hole in SB 35. And it’s a good case to examine in assessing whether Sen. Scott Wiener’s controversial law, passed last year, will help to build more housing or will instead force cities to be more creative in getting around the law.

The housing element is a policy document designed to accommodate growth rather than induce it, the First District Court of Appeal has ruled. In so doing, the court rejected a wide variety of CEQA challenges made by a citizens group against San Francisco’s 2004 and 2009 Housing Elements, which actually overlapped in their adoption.

The City of Berkeley rejected plans for the state’s first residential project proposed under SB 35, a controversial state law which forces city officials to grant special, expedited approval for certain residential projects to alleviate the region’s affordable housing shortage. City officials say the 260-unit and 27,500 square-foot commercial space does not meet the bill’s requirements. A letter to Timothy Burroughs, director of Berkeley’s Department of Planning & Development, said the project would have been built on land designated by the city as a historical landmark and contains an ancient Native American burial ground. Other issues include not reserving enough units for very low-income families and increasing traffic in the area beyond what is allowed by the city’s zoning rules. Meanwhile, Vallco Mall redevelopment in Cupertino under SB 35 passed its first hurdle by approval from Planning Commission. The plan is to build 2,404 housing units, 1.8 million square-feet of office, and 400,000 square-feet of retail. (See prior CP&DR coverage .) Oakland Places Vacant Properties Tax on Ballot The Oakland City Council voted, 6-2, to place a measure on the ballot that would tax vacant properties to generate income for new affordable housing.  This tax would be the first in the state on privately-owned vacant properties. The city estimates the tax could raise as much as $10 million annually for homeless services, blight remediation, and to stem illegal dumping. Owners of properties in use fewer than 50 days per year could be taxed as much as $6,000 per parcel annually if two-thirds of voters approve the measure in November. Critics of the tax worry it could disproportionately hurt small landowners and push some to sell their property to investors. Proponents of the tax say it is a creative incentive to transform thousands of vacant lots and buildings into homes businesses while decreasing blight. Study Ranks Global Cities’ Carbon Footprints; Los Angeles Ranks 5th CityCarbonFootprints released a Global Gridded Model of Footprints which estimates the carbon footprints per capita and absolute terms across 189 countries. Nine California cities were included in the model. Los Angeles was ranked second-highest domestically and fifth globally with a footprint of approximately 195 million metric tons of carbon dioxide (Mt CO2) and approximately 15 tons of carbon dioxide (t CO2) per capita. San Jose ranked 8th domestically and 29th globally, with 70 Mt CO2 and 17.5 t CO2 per capita. San Diego ranked 18th within the US and 85th globally. The city had a footprints of 28 Mt CO2 and approximately 15 t CO2 per capita. Sacramento, 113th globally and 24th domestically, had a footprint of approximately 21 Mt CO2 and per capita 14 t CO2. Carlsbad, Oakland, and Fresno were 50, 51, and 52 respectively, domestically. All three had approximately 8 Mt CO2 total. Carslbad had a footprint of 15.5 t CO2 per capita, Oakland was almost 20 t CO2 per capita, and Fresno was 13 t CO2 per capita. Bakersfield was 69th domestically and 455 globally with a footprint of 5 Mt CO2 and 11 Mt CO2 per capita. Palm Springs was the last US city ranked with 4.6 Mt CO2 and 15.4 t CO2 per capita. Denser Development May Come to California’s First BRT Line L.A. Metro released the Orange Line Transit Neighborhood Plans project, which calls for denser development along the Metro Orange Line. The proposal would allow taller buildings along the 18-mile bus line that carries about 30,000 riders each day. The plans don't include specific development projects but instead seek to rezone pieces of industrial land, allowing developers to build higher office towers and multi-family apartment buildings within a half-mile radius of the Orange Line stops in North Hollywood, Van Nuys, and Sepulveda.  The plan is partially funded through Metro grants and is intended to turn areas along the Metro Orange Line into TOD districts where residents can cycle, walk, or take the bus to work. Some community organizers are concerned with the displacement that comes with densification. The plan is inspired by SB 374 which requires city planning agencies to create Substantial Communities Strategies and cut greenhouse gas emissions by developing land around transportation hubs. Los Angeles Displays Nation’s Worst Heat Island Effect IoT firm Geotab studied 20 of the most populous cities in the United States and found Los Angeles has the biggest variance among all American cities. “ Heat in the City ” defines “variance” as the difference between temperatures in different locations within city limits at a given time. The study, which uses readings taken at 12pm Jne 21, 2017, found that Los Angeles’ temperature varies by 37 degrees Fahrenheit. Phoenix has the hottest average temperature in the United States, with an average temperature of 111 degrees Fahrenheit. The study cites the “heat island effect,” caused by pavement, buildings, and shortage of trees. The research shows that heat mitigation efforts like smart surfaces need to be done on a hyperlocal level as circumstances are so different across jurisdictions. The temperature maps were created using data recorded by Geotab GO sensors and show the value of mapping tools and data collection in cities. The research firm’s goal is to promise to “improve city-wide efficiency, discover key infrastructure challenges and guide deployment of automated solutions for issues such as congestion, parking and poor road conditions. Quick Hits & Updates The City of Oakland is preparing to file an antitrust suit with the NFL and the Las Vegas-bound Raiders for millions of dollars in damages. Three outside law firms will handle the litigation and have agreed to cover the up-front costs of the suit in exchange for a cut of potential monetary damages received. However, Coliseum authority board member Ignacio De La Fuenta called the lawsuit ridiculous. The Coliseum authority is currently in negotiations with the Raiders on extending their lease for the next season. Coliseum authority Executive Direcyor Scott McKibben said the Raiders, “made it very clear to me that (if) the City decided to file a lawsuit they would not seek a lease extension to play at the Coliseum but would play elsewhere.” McKibben said he would recommend a path without litigation. San Francisco Mayor London Breed announced her ambitious plan to have the city’s buildings be carbon neutral by the year 2050. The new plan also includes halving landfill waste, financing green infrastructure, and transitioning the city to 100 percent renewable electricity by 2030. The announcement comes before next week’s Global Climate Action Summit in San Francisco hosted by Gov. Jerry Brown. Sacramento State Downtown , a multipurpose hub that will host research, special events, classes, and other programming had its grand opening recently. Near the Capitol, the university’s newly established location at 304 S St. is an effort to cement “Sacramento State as California’s capital university.” University President Robert S. Nelsen has deemed the opening of the downtown venue as a signal of the school’s status as an anchor university focusing on community engagement rather than the ivory tower. Sacramento Regional Transportation cut bus and light rail fares for the first time in its nearly 50-year history. The agency will drop the base fare from $2.75 per ride to $2.50 and reduce monthly passes from $110 to $100. The reductions will bring fares back to what they were in 2016 before the agency raised rates to among the highest in the country. The agency board also agreed to bring back 25-cent transfers which RT stopped allowing in 2009. The agency will dip into its reserve account to compensate for about $600,000 in lost revenue, but believes the reduction could boost ridership by about 350,000 boardings annually. Central Coast environmental watchdog group Los Padres ForestWatch released a new map that shows areas in San Luis Obispo County that the BLM could open for fracking . The interactive map shows 273,000 acres of federal land and mineral holdings in San Luis Obispo, Santa Barbara, and Ventura counties. The BLM is required to evaluate the environmental impacts of fracking on this land as part of a settlement reached after a 2015 lawsuit. San Luis Obispo County voters will consider a ballot measure banning new fracking in the region, but that would not apply to federally owned land. The City of San Diego’s Ethics Commission fined Phil Rath, board chair of Civic San Diego , $11,000 for his failure to disclose his financial relationship with a developer that won a competition to build a $47 million project and $5.8 million loan from city affordable housing funds. Rath also failed to recuse himself from two votes related to the project and had received $100,000 from the developer 10 months earlier. The  Strategic Growth Council has announced Nicole Capretz, Executive Director of San Diego’s Climate Action Campaign, as the newest member of the Council. Capretz was appointed by California Senate President pro Tempore Toni Atkins and replaces Dr. Manuel Pastor as one of the groups public members. (See prior CP&DR coverage .)