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In a case involving a historic house on Coronado Island, an appellate court has reinforced the idea that local governments deserve great deference in making findings and shouldn’t be second-guessed by judges.

One of the most nebulous areas of the California Environmental Quality Act is what’s a separate project and what’s not. Under CEQA, lead agencies can’t piecemeal projects in order to avoid dealing with impacts.

The following is a selection of the largest master planned communities currently underway in California. See accompanying story, Post-Recession, Master Planned Communities Come Back to Life .

Up to the year 2000 or so, through the headiest days of growth in the Inland Empire, the 13 square miles between Ontario and Chino now known as Ontario Ranch had a population of over 300,000. If all goes according to plan, it will have roughly 150,000 by the midpoint of this century. Despite this dramatic decline, Ontario Ranch is not some woebegone Rust Belt city. Indeed, it is experiencing not so much one of population so much as it is a change of species: from cattle to human. What it does not represent, however, is much of a change in California’s development patterns. In decades past, outer suburban areas like the Inland Empire, inland San Diego County, Sacramento’s rural counties, and the far tendrils of the Bay Area boomed with subdivisions and master planned communities — typically dominated by single-family homes. Recently, though, economic conditions and a new regulatory climate put a halt to much of that type of growth as cities turned towards infill development and greenfield development was deemed unsustainable. “The size and scope of master-planned communities meant that they did take a larger hit because of their size,” said John Beckman, CEO of the Building Industry Association of the Greater Valley. The recession and housing crisis of 2007 onward stopped development, of all types, in its tracks. Meanwhile, the 2008 passage of Senate Bill 375 was intended to usher in a new age of infill development in center cities. Cultural trends, consumer preferences, and environmental concerns inspired the tantalizing notion that, perhaps, sprawl was dead, interred in a cemetery of its own making. (See prior CP&DR coverage here and here .) Don’t order the headstone yet. Ontario Ranch is but the most massive of a new generation of large master planned communities that are in various stages of development statewide. Technically, Ontario Ranch is an annexation, consisting of nine master-planned communities that are enormous — on the order of several thousand residential units — in their own right. They are joined by the likes of Mountain House in San Joaquin County, Otay Ranch (5,300 acres) in San Diego County, The Villages of Lakeview in Riverside County (11,350 homes, 2,800 acres), Tesoro Viejo in Madera County (5,190 homes, 1,600 acres), and Newhall Ranch in northern Los Angeles (21,500 homes, 10,000 acres). The community of Grapevine (12,000 units, 8,100 acres) recently received approval from Kern County; a sister community on the 270,000-acre Tejon Ranch site, Centennial, is awaiting approval from Los Angeles County. (See sidebar  on California's pending large master planned communities.) Despite some exceptions, many of these developments aren’t so much new as they are remnants of the early 2000s with new funding and old approvals. Mountain House, Newhall Ranch, and Tesoro Viejo have been kicking around since the 1990s.

The Association of Bay Area Governments and the Metropolitan Transportation Commission released draft Plan Bay Area 2040 . The plan is an updated long-range Regional Transportation Plan and Sustainable Communities Strategy for the nine-county Bay Area. The previous iteration was adopted in 2013 as a result of the California Sustainable Communities and Climate Protection Act of 2008 (Senate Bill 375). The result of two years of planning, Plan Bay Area 2040 continues a “no sprawl” vision with a focus on infill areas near transit for more walkable neighborhoods, and it attempts to identify transportation and land-use strategies that promote sustainability, equity, and economic vitality. According to the plan, 77 percent of new homes and 55 percent of new jobs are focused within Priority Development Areas, which are designated infill areas close to transit. Some critics  contend that the plan will not do enough to make the region’s housing more affordable. There will be nine open houses, one in every county in the region. Additionally there will be three public hearings: San Jose May 16, Vallejo May 18, and San Francisco May 12. The comment period for all documents will close Thursday June 1. (See prior CP&DR coverage  of second-generation SCS's.) SCAG Adopts Regional Transportation Plan / SCS  The Southern California Association of Governments (SCAG) adopted  the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (2016 RTP/ SCS). The plan demonstrates how the region will reduce emissions from transportation sources to comply with Senate Bill 375 (SB 375) and meet the National Ambient Air Quality Standards set forth by the federal Clean Air Act. The 2016 RTP/SCS is a Project List containing thousands of individual transportation projects that aim to improve the region’s mobility and air quality and revitalize the economy. Since the plan’s adoption, some of these projects have experienced technical changes that are time-sensitive.As a result, amendments to the 2016 RTP/SCS and the Federal Transportation Improvement Program (FTIP) are needed in order to allow these projects to move forward in a timely manner. SCAG’s Transportation Committee approved the release of the Draft 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy Amendment #2 and the Draft 2017 Federal Transportation Improvement Program Amendment #17-07. There will now be a 30-day public review and comment period ending May 8. Public hearings  will be held in Los Angeles April 25 and will be accessible via videoconference from any of SCAG’s regional offices. Appeals Court Upholds Cap-and-Trade Program An appeals court has upheld California's cap-and-trade program, preserving what supporters say is a crucial source of funding for the state’s efforts to combat climate change. Two judges on the three-judge panel sided with state officials who argued the program is within its authority to regulate the industry through permits to release GHG emissions. The dissenting judge contended the cap-and-trade functioned as an unconstitutional tax. The suit was brought by business groups, including the California Chamber of Commerce, that contended that the program was an unfair burden on businesses. The decision could still be appealed to the California Supreme Court. Cap and trade funds contribute to land use programs such as the Affordable Housing and Sustainable Communities grant program.  Architecture Awards Recognize Nine California Projects The Chicago Athenaeum Museum of Architecture and Design and the European Centre for Architecture Art Design and Urban Studies have awarded over 79 buildings, commercial and institutional developments, landscape, architecture and urban planning projects form 43 nations for the American Architecture Awards for 2017. Nine projects in California were recognized.  Golden 1 Center , home of the Sacramento Kings, received an award for its innovative solutions, active and spectacular outdoor event plazas, creativity and innovation, and sustainable designs. Other California projects to win the award were the Colorado Esplanade  in Santa Monica, Blu Dot Showroom in West Hollywood, In Situ in San Francisco, Petersen Automotive Museum in LA, The Main Museum of LA Art, Minnesota Street Project in San Francisco, Oasis: Silicon Valley Technology Center in Santa Clara, and Sea Song in Big Sur. Lawsuit to Promote Housing In Lafayette Struck Down A Contra Costa County Superior Court judge ruled against activists who filed a lawsuit against the City of Lafayette. The group, San Francisco Bay Area Renters Federation (SFBARF) alleged that Lafayette violated the state’s Housing Accountability Act by approving a smaller housing development rather than a larger apartment complex. Part of a larger movement to increase the region’s housing supply, the suit became known as “Sue the Suburbs.” The developer, O’Brien Homes, initially proposed 315 apartments but in the revised plans that were approved, included only 44 single-family homes, which would be more expensive. SFBARF argued the city pressured the developer to reduce the size of its project, to prevent potential renters from moving to Lafayette. The city says it has over 500 apartment units completed or in the pipeline, particularly downtown near BART and public transit. Los Angeles to Revamp Civic Center into ‘Civic Innovation District' The City of Los Angeles released  a draft plan to convert the existing downtown Civic Center into a “Civic Innovation District” that would include mixed-use street-fronting retail, startup office space, pedestrian paths, public parks, and high-rise residential housing. In March, the City Council approved the new Civic Center Master Plan, based on a study from IBI Group, that will guide the redevelopment. The plan involves demolishing the historic but socially-problematic former LAPD headquarters from 1955, the modernist-style City Hall East building, and the Metropolitan Detention Center. The plan will be implemented in six phases, beginning with the demolition of the former police department headquarters. Existing City Hall South building will be replaced in 2019, in 2021 the 390-foot tall tower will go into the existing Los Angeles Mall, and between 2024-2027 includes the block containing the Parker Center replacement. The entire plan will be completed between 2030-2032. The plan requires one more vote by the city council for adoption.  Bay Area Polls Reveal Concerns about Housing, Transportation The Bay Area Council Poll released  a series of four polls related to quality of life and attitudes towards land use in the Bay Area March 30 - April 2. The first poll focused on Housing, Traffic & Cost of Living and found 46 percent of millennials are considering leaving the Bay Area. Of cost of living, traffic and housing, the first is the top problem with 55 percent, followed by traffic (41 percent) and housing (39 percent). The second poll was about transportation in the region and 70 percent said that the Bay Area needs a major regional investment in transportation, even if it means raising taxes. Even 83 percent of voters said they want traffic treated like an emergency. The third poll was about economic confidence and found 31 percent of voters thought the economy was doing better compared to the previous six months, with millennials feeling the most concerned. The last poll was about the Housing shortage and solutions and found that 70 percent of millennials support building denser while only 57 percent of those aged 40-64. Lower Colorado, Bear River Make ‘Endangered Rivers’ List The American Rivers group released its report of “America’s Most Endangered Rivers” and the Lower Colorado River and Bear River made the list . The Lower Colorado River provides drinking water for one in ten Americans, but is under major threat for water scarcity and demand. Over the past years, federal agencies and state water leaders have made progress towards conservation and programs that reduce overuse of the river. This success is threatened by the Trump Administration’s Fiscal Year 2018 Budget proposal which would cut programs like the Bureau of Reclamations’ System Conservation Program, the USDA’s Regional Conservation Partnership Program, and the Department of Interior’s WaterSMART program and Title XVI grants for municipal conservation and efficiency efforts. Bear River from the Sierra Nevadas flows 73 miles to the pastures and fields of the Central Valley. This river supports recreation, cultural use, rare habitat, and water for agriculture and municipal supplies in multiple cities and counties. This river is threatened by a proposed 275-foot tall Centennial Dam.

A few years ago, Charlie Munger ended up with a piece of property in my neighborhood. He decided to develop an upscale retail center: restaurants, boutiques, nail salons, or whatever. His architect came up with an elegant design of an appropriate scale, and his development company set about getting approvals.  To make a long story short, neighbors bent over backwards to kill the project. Four years later, the site consists of an empty lot and an abandoned building surrounded by chain link.  I thought of Munger whenever I heard an activist rail about "greedy developers" during the recent battle over Measure S in Los Angeles. Munger insisted that he had no interest in profit and just wanted his project to be something "nice for the community," as he put it at a meeting I attended. I believe him. See, Munger is Warren Buffet's business partner. He's worth $1.4 billion, and he's ninety-three years old. He has no use for greed. Needless to say, not every developer is a Charlie Munger. Unfortunately, many people in Los Angeles talk about developers like they're all Charles Manson.  Among the grandiose promises, half-truths, and outright whoppers that sponsors of Measure S proffered, one of the most consistent messages concerned the depravity of real estate developers. They affixed “greedy” to the profession the way the president affixed “crooked” to his opponent. Perhaps most damningly, they referred to developers as “Trump’s pals.” (Munger, for one, isn’t .) To hear the Measure S coalition tell it, developers, be they individuals or companies, want to exploit the city, corrupt the politicians, and build the biggest, ugliest structures they can, everywhere and anywhere. They foist “luxury” apartments upon and invite gentrification into unsuspecting neighborhoods and drive up rents, as if gentrification depends purely on supply and has nothing to do with demand.  Left unchecked, Los Angeles would suffer “Manhattanization,” as if resembling the most prosperous, most exciting city in the world would be a fate worse than death.  *** These accusations came from two angles. Traditional NIMBY’s consider anything that blocks their view, slows their commute, or makes it easier for “those people” to live nearby to be a nefarious deed. On the other end of the political spectrum, advocates for social justice implicate developers in all that is wrong with capitalism. To hear them tell it, every developer is, if not Charles Mason, at least Henry Potter, gleefully putting up shacks and gouging the good people of Bedford Falls at every turn. Of course, the greedy developer stereotype is grounded in reality. Like many other city-watchers in Los Angeles, I’ve taken my shots at people like Geoff Palmer . Mall developer Rick Caruso is an affable enough guy, but no one would accuse him of pursuing a modest lifestyle. Don’t get me started on Donald Sterling.  Are developers aggressive? Many are. Do they come off as slick rather than earnest? Sometimes. Are they trying to make money? Of course. What I don’t get is why their efforts are so much more nefarious than anyone else’s. Grocery stories don’t sell food for free. Doctors don’t perform surgery for free. Teachers don’t go to class for their health. Movie stars don’t act for free. Even staff members at charities are entitled to earn a competitive salary. (More on that later.) Developers make money because they produce something that people are willing to pay for. Unless you built your own house, you are living someplace that was, by definition, built by a developer -- or at least by someone willing to make that knotty leap from use value to exchange value. If you don’t like developers, I’m sure A16 has a few tents they can sell you.  Developers get special attention — and special derision — for two related reasons. First, their products are literally visible. We see what they are doing, and we can decide immediately whether we approve or not. Second, their business inherently depends on the public trust and impact the public realm. Land, sky, and infrastructure are public goods, in the strictest, Economics 101 sense of the term. They are not to be handed over wantonly. Developers who manipulate the public process — maybe, as the Yes on S coalition claimed, with the occasional campaign contribution or secret handshake — are classic rent-seekers. I get it: that’s not cool.  And yet, if we’re going to get all huffy about capitalists, I’d submit that real estate developers are the least of our worries. Sure, you might hate the Hollywood Palladium towers. But at least you see what you’re getting. The very quality that makes real estate threatening is the same quality that limits the damage it can do. I’m far more concerned about, say, greedy drug companies, greedy food companies, greedy financiers, and greedy defense contractors than I am about greedy developers.  *** The Carusos and Palmers notwithstanding, many developers are more like regular white-collar professionals than they are captains of industry. They put in crazy hours — nay, years — partly to navigate our regulatory morass, often with uncertainty every step of the way. Many of them make good livings, but few of them make killings. With that said, from a purely psychological standpoint, do we really expect developers to do good work and to want to cooperate with the city if we’re berating them all the time? If you call people “evil” and “greedy” often enough, they’re either going to get really uncooperative, or they’re just going to say to hell with it and conform to the labels they’re given.  In the middle of all of this, you have the pot calling the kettle black. If anyone has committed the sin of avarice, it’s the AIDS Healthcare Foundation. They’re the ones who created, sponsored, and overwhelmingly funded (if you consider 99 percent overwhelming) the Yes on S campaign. You have to wonder how a nonprofit company manages to sock away so much money that it can spend $6 million on billboards . (The answer: you can do it when you have annual revenue of $900 million, an annual budget of $160 million, and pay the executive director $380,000 per year. How many developers would love to have that kind of balance sheet?) It’s usually easy to claim the moral high ground when you're an AIDS charity. Until, of course, you stray so far from your mission that you start seeming like a plague on the city. And let’s not forget about the real power brokers in Los Angeles. In many ways, the Measure S campaign was a smokescreen for homeowners’ own greed. Indirectly, their properties become more valuable as supply is constrained. There’s rent-seeking capitalism , at work yet again. More directly, homeowners associations are pretty adept at extracting concessions from developers. Developers lop off a few stories from their buildings and add community amenities all the time. Sometimes they even cough up  cash payments that fund HOA's own war chests, to be deployed next time someone proposes 22 stories rather than 16.  *** Developers, like the grocery store and the doctor and plenty of other capitalists, serve crucial functions in society. In fact, planning and development — the very name of this publication — are inextricably and symbiotically linked. Plans mean nothing without someone to build them. Of course, a city’s plans can be lousy. That’s why Measure S was so potent. It called out Los Angeles’ antiquated plans and rightfully highlighted the absurdity of “spot zoning." But, whether plans are outdated or enlightened, most developers are just trying to do their thing.  For too long in Los Angeles, developers have been the only ones actually advocating for more housing. The vast majority of Los Angeles’ rent-burdened residents have sat by (probably because they’re working three jobs) while slow-growth interests have lobbied against every additional unit. This situation has left developers to fend for themselves, pleading their cases before roomfuls of indignant homeowners, praying that planning commissioners and zoning administrators will see through their protests and acknowledge the greater good. And, yes, I’m sure they make occasional campaign contributions. My point is, no one is entirely guilty in this mess, and no one is entirely innocent.  *** We who live in the new, ascendant, post-Measure S Los Angeles can choose how to understand each other and how to relate to each other. If we restrict development just because developers are “greedy” or fail to implement policies to reduce their temptations, then the joke’s on us. As rents keep rising, it’s the landlords – not the developers – who win big.  The way to prevent this is to reject the divisiveness of the Measure S campaign. We 4 million people live in close quarters on a small piece of this earth. We are neighbors, whether we like it or not. And, contrary to the city’s history and culture, we’re going to have to embrace each other a little bit more. We’re going to have to stop the name-calling and tone down the distrust and put aside the rivalries so we can all work towards a better city, compromises and all.  No matter how high the towers of the future rise and no matter how dense certain neighborhoods get, it’s the attitude — more so than any single development or any citywide policy — that will help Los Angeles put its past behind it and embrace a new era.  To paraphrase the president, some developers, I assume, are terrible people. But most are not. In this new era, developers deserve the benefit of the doubt. Charlie Munger certainly does. As for the Donalds – Sterling, Trump – and their ilk, not so much. Author's note: This piece has been edited since its original posting.

After an intense week of lobbying, largely on the part of Gov. Brown, the state legislature passed a $52 billion transportation plan that will raise gas taxes to fund road projects. The bill passed with the bare minimum two-thirds, with 27-11 in the Senate and 54-26 in the Assembly. The base gasoline excise tax will increase by 12 cents, creates a transportation improvement fee based on the value of a vehicle, and raises diesel excise and sales taxes. Estimates indicate that Senate Bill 1 will provide hundreds of thousands of jobs and stimulate the economy. Gov. Brown estimates that the higher fuel taxes and fees would increase costs by about $10 a month for the average motorist. Lobbying for the package included what the L.A. Times describes as “ side-deals .” These include $400 million for an extension of the Bay Area commuter rail line, the Altamont Corridor Express, and $100 million parkway project between UC Merced and Highway 99 in Sen. Cannella’s district of Merced. The measure also provides $427 million for transportation projects in Riverside County. The cities of Eastvale, Jurupa Valley, Menifee, and Wildomar will receive $18 million to reimburse them for vehicle license fee revenue they lost through a change in law on newly incorporated cities. S.F. Supervisor Targets Fraudulent Evictions San Francisco Supervisor Mark Farrell introduced legislation that would go after landlords who evict tenants from a rent-controlled apartment with the pretense of moving back in, but instead rent to someone else at a higher price. This fraudulent owner-move-in eviction has been occurring over the past five years but has been difficulty to prove the owners never intended to move in. The new bill would require landlords pursuing this type of eviction to sign a document under penalty of perjury stating they plan to occupy the property. It also requires the landlord to submit verification to the rent board that they have moved into the property, with a utility bill or car registration notice. There have been around 1,500 owner-move-in evictions since 2014, and Farrell estimated a quarter of them were illegal. Sonoma County Seeks More Housing Sonoma County officials approved an ambitious goal to construct more than 3,000 homes in the next five-years. As many as 1,375 housing units could be built on county-owned land in Santa Rosa area, and 2,000 units on other sites by 2022. This boost could ease the strain on renters by potentially tripling the almost zero vacancy rate, and slowing the pace of rent inflation. Pre-recession, contractors added 18,000 homes, apartments and condos from 2000 to 2008. Supervisors first plan is to sell 82 acres of county-owned land in northeast Santa Rosa hills to a developers who wants to build 800 housing units. County officials also hope to sustain and improve assistance programs for the needy by expanding projects to identify and coordinate services for hundreds of the most vulnerable residents. Another priority is securing funds for improving the county’s aging infrastructure. There is an estimated $560 million in maintenance needs over 10 years for transportation and a $236 million backlog in county buildings. Developer Sues San Diego Convention Center  Developers of a luxury bayfront hotel proposed for the site have sued the San Diego Convention Center over provisions in an upcoming ballot measure that, they say, would illegally impair their plans. Fifth Avenue Landing, which has a ten-year lease on the property, will seek a 66-year extension once building permits are approved for the 44-floor hotel. The lawsuit accuses the Convention Center of interfering in their permitting process and undermining plans for a four-star, $300 million hotel. San Diego Mayor Kevin Faulconer’s initiative to raise hotel taxes to generate $685 million for an expanded convention center began last week after the failure of the “Convadium” ballot measure in November. Some of the generated funds would go to improving roads and reducing homelessness. However, the ballot initiative does not include plans for the city to control where an expansion would occur. Fifth Avenue Landing claims that the ballot measure would give the city an excuse not to extend its lease and, instead, reclaim the parcel where its hotel would be developed. (See prior CP&DR coverage .) Survey Finds Concerns about Displacement in L.A. The UCLA Luskin School of Public Affairs  released  results from the second annual LA Quality of Life Index survey. The survey asked 1,600 respondents how they rated their own quality of life in nine different categories including jobs, economy, education, race relations, and acceptance in their neighborhoods. More than half were upset with the displacement of their neighbors; only 19 percent viewed gentrification as a good thing. Satisfaction with the cost of living dropped and more respondents complained about lengths of commutes this year. However, the most positive rating on the survey was race relations. UCLA plans to present the study to county officials, non-profit organizations involved with human services, chamber of commerce, and the LA City Council this year. BART Faces Lawsuits over Disabled Access Two advocacy groups and two individuals with disabilities are suing BART for illegally discriminating against people with mobility disabilities by making it difficult or unpleasant to access the transit systems. BART’s elevators are frequently sprayed with urine and human waste. The elevators are frequently broken down, as are the escalators, far gates and call boxes. The plaintiffs are not looking for financial compensation, instead to have a court order to require BART to commit to more frequent cleaning and maintenance of elevators, and to come up with a better evacuation plan. Traffic Fatalities Rise in L.A. Traffic deaths in the city of Los Angeles have risen sharply despite the Mayor’s Vision Zero policy. In 2016, the first full year the policy was in effect, 260 people were killed in traffic crashes on city streets – an increase of almost 43 percent form the previous year. In 2017 so far, crash fatalities are 22 percent higher than in the same period last year. This year, the Transportation Department is focusing on 40 corridors to widen sidewalks, eliminate lanes, left-turn arrows, higher-visibility crosswalks, and other techniques to slow down vehicles. (See prior CP&DR coverage .) Quick Hits & Updates The Department of Conservation announced that the Proposed Final FY2016-17 SALC Program Guidelines and associated  Quantification Methodology  will be presented to the Strategic Growth Council (SGC) for consideration and approval at the April 11, 2017 SGC meeting.  The California Transportation Commission announced $56 million in grants for projects promoting bike lanes, sidewalks and safer ways to get to school throughout Southern California. The commission will fund 25 projects in six counties. These include nearly $15 million for bike lanes in the Arts District in LA, $3.7 million for a $6.5 million protected bike track in downtown Pasadena, $3.2 million for a project at Union Station, among many others. In San Diego,  Father Joe’s Villages announced a $531 million, five-year plan to create 2,000 permanent housing units and reduce homeless encampments . The organization is working with Chelsea Investment, a low-and-moderate income housing group, to develop a financial plan involving tax credits, monies from the city’s affordable housing trust fund, CivicSan Diego’s various housing programs and other available state and federal grants, plus private donations. The Palo Alto City Council voted , 5-4, to roll back some development impact fee increases that were approved last year by the previous council. The new fee structure will “protect the city’s affordable housing fund without discouraging development.” According to Councilman Adrian Fine, the new fee structure encourages more multi-family residences and condos as the most efficient way to add affordable housing to the city. The Sonoma City Council is reviewing a 150-page “Nexus Study” on housing impact fees to help support the creation of affordable housing. When redevelopment funding was terminated in 2012, it brought the city’s affordable housing program to a halt as well. The city is now looking at ways other communities are creating affordable units. Trammell Crow and Greenland USA have entered a joint venture to develop 15 acres surrounding the North Hollywood subway station in Los Angeles’s San Fernando Valley. The team originally had two options but seems to have stuck with Option B, which includes a series of high-rise structures that would include 1,500 housing units (250-325 are affordable), 450,000 square feet of offices, and 150,000 square feet of street-fronting commercial space. Members of Oakland’s Mayor’s Commission on Persons with Disabilities are upset at Motivate and the Metropolitan Transportation Commission for planning Bay Area Bike Share  without including options for disabled users. One commissioner argued that the bike share programs cannot legally launch without bikes for the disabled. The city of Oakland is expected to get 70 stations with 850 bicycles. Santa Clara, San Mateo and Marin counties have more people leaving than arriving according to estimates released which cover the period from July 1, 2015 to June 30, 2016. Job growth has slowed in the Bay Area while housing prices have increased, and that leads to less demand to live in the region. Eight of the region’s nine counties, Solano County being the exception, experienced their lowest levels of net migration last year in at least four years. The Los Angeles Department of City Planning unveiled a draft design ordinance which would reshape development along commercial corridors in the North Westlake area. The proposed ordinance would promote pedestrian-friendly, mixed-use corridors and encourage the reuse of existing buildings. The subject area incorporates many neighborhoods, including Historic Filipinotown. The proposed policy shifts touch on a variety of topics including building design, site planning, parking and signage.

The City of Newport Beach should have considered the probable footprint of environmentally sensitive habitat areas (ESHA) in its environmental impact report for the controversial Banning Ranch property, the California Supreme Court has ruled.

Gov. Jerry Brown announced a $5.2 billion transportation package that would raise gas taxes and place a sliding charge linked to a vehicle’s value on drivers. The state is short an estimated $3.5 billion in annual maintenance and repair needs, on top of the $12 billion backlog according to the Legislative Analyst’s Office. Most of the funds raised would go to pay for state and local road maintenance and repairs, as well as public transit and goods-movement projects. The gas tax, the base excise tax of 18 cents—an amount dating back to 1994—would increase to 30 cents on November 1st. The deal also calls for the Legislature to place a constitutional amendment on the ballot in 2018 that would prohibit spending the new revenues on anything but transportation. Environmental groups have come out against the governor’s proposal because of a provision that would give the trucking industry a break on future antipollution rules. Because of the increase in gas tax, the California Trucking Association won a provision that prevents clean-air agencies from imposing new pollution reduction requirements on existing trucks until the vehicles are 18 years old or have 800,000 miles. The Brown administration counters that the bill includes more than $8 billion in the first 10 years to improve the environment with expanded mass transit, bike and pedestrian facilities. The legislature has until April 6 to approve the package; it appears that the package will require support from every Democratic legislator. Report Examines Relationship between Infill Development and Displacement Researchers at UC Berkeley and UC Los Angeles released a report (pdf), “Developing a New Methodology for Analyzing Potential Displacement” that seeks to evaluate the potential negative social equity impacts that result from Senate Bill 375, which promotes infill. Senate Bill 375 caused more regions across the state to pursue compact, transit-oriented development (TOD) as a strategy to achieve GHG emission reductions through their sustainable communities strategy. The report examines the relationship between fixed-rail transit neighborhoods, TOD, and displacement in Los Angeles and the San Francisco Bay Area and the effectiveness of anti-displacement strategies. The results found that TOD can destabilize surrounding neighborhood as housing costs tend to increase, demographic composition of the area changes, and results in the loss of low-income households. This study shows a significant and positive correlation between TOD and gentrification, particularly in downtown areas and core cities. Report Outlines Measures Needed to Significantly Reduce Greenhouse Gas Emissions A report from the Southern California Association of Governments and UC Berkeley researchers entitled “Right Type, Right Place” found that to meet the new 2030 climate change goals, the state will need billions of dollars in new funding for housing and transportation improvements. Californians will need to cut their driving by 1.6 miles per day, which can be accomplished through telecommuting, carpooling, biking or taking public transit to work once a month. To make the drastic reductions in GHG emissions to 40 percent below 1990 levels by 2030, regional agencies need funds and ability to make policy changes that could include tolls and other charges for people driving in congested areas. The UC Berkeley study found that residents living in already developed neighborhoods would drive about 18 fewer miles every weekday than those living outside the communities. This means San Francisco would increase density by 30 percent, for example, but smaller cities would need to grow as well. The report was commissioned by Next 10, with research conducted by the Terner Center for Housing Innovation and the Center for Law, Energy and the Environment at UC Berkeley. It calls for more building of new housing on infill properties, with more multi-family housing than the business-as-usual plan. The study says the “target” scenario would boost annual economic growth by more than $800 million over the business-as-usual approach and result in the equivalent of taking 378,000 cars off the road. Los Angeles Considers Two Subway Extensions The Los Angeles Metro Board of Directors approved voted to move forward with the “Link US” Union Station run-through tracks that are estimated to cost $2.75 billion. The project will add new loop tracks to extend Union Station’s existing stub-end tracks, leading to decreased delays and increased station capacity. This will also allow the station to be compatible with plans for high-speed rail. The board also initiated a possible extension of the Red Line subway south beneath Vermont Avenue to 125th Street in West Athens. The board reviewed preliminary plans for a rapid bus route. However, Mayor Garcetti suggested that a rapid bus system might not be ideal for the busy thoroughfare, and a Red Line extension south would be more viable. Metro staff will evaluate the subway option and report back to the board in July. Raiders to Move to Las Vegas; Oakland May Sue After years of negotiations and failed attempts to renovate – with minimum public funding – the Oakland Coliseum, NFL owners voted , 31-1, to allow the Raiders to move to Las Vegas. This will be the team’s third move in 35 years. The team will remain in the Coliseum for the next two seasons, and potentially a third. In Las Vegas there are plans to build a $1.9 billion stadium on 63-acre site near the Strip and the Raiders would need to agree to a 30-year lease with the Stadium Authority. The Raiders have secured a $650 million loan from Bank of America and plan to contribute $500 million from personal seat license sales, naming rights and a $200 million loan from the NFL through its stadium upgrade program. Raiders officials claim that a rent increase, to $3.5 million annually from $900,000 annually cemented their decision to move the team. Oakland Mayor Libby Schaaf said the city may consider legal action against the Raiders, founded on the idea that the team did not negotiate in good faith. Climate Change Threatens Up To 67 Percent of S. California Beaches A study from the U.S. Geological Survey predicts that, “with limited human intervention,” 31 to 67 percent of Southern California beaches could be completely eroded by 2100 with sea level rises of 3 to 6.5 feet. According to the study, complete erosion means the beaches would recede up to either cliffs or existing structures along the shore. While the sand and beaches are seen as summertime destinations for residents and tourists alike, the sand also serves as a protective barrier for the man-made structures onshore. The necessary steps to protect the beaches are “massive and costly” according to USGS geologist and study coauthor Patrick Barnard. These steps include increasing the rate sand is added to replenish existing beaches, which costs Malibu’s Broad Beach $31 million to add 2,000 truckloads. State Loses Nearly 30,000 Affordable Rentals in Past 20 Years The California Housing Partnership released its annual housing assessment (pdf) and found 28,152 affordable rental homes were lost in the state in the past 20 years, including 14,559 that had HUD Section 8 subsidies. These HUD-assisted affordable rental homes were lost between 1995 to 2016. Another 31,988 affordable rental homes are at risk of conversion over the next five years. These conversions occur when owners decide to opt out of their HUD rental assistance contracts. Many of the renters receiving Section 8-assisted housing, approximately 83 percent, are Extremely Low Income renters earning 30 percent or less of the Area Median Income and are also elderly and/or disabled. Los Angeles County lost the most rent-assisted homes, 3,882, with San Diego County second, 1,908 homes, Santa Clara with 1,623 and Sacramento County losing 1,480 rent assisted homes between 1995 to 2016. Quick Hits & Updates Assembly Speaker Anthony Rendon (D-Paramount) appointed Michael Flad of Burbank to the Strategic Growth Council . Flad is the City Manager of South Gate and has previously served in the same position at Burbank and as Assistant City Manager of Ukiah. Flad fills a seat on the council reserved for members of the public with a background in land use planning, local government, resource protection and management or community development or revitalization. In a unanimous decision , the California Supreme Court ruled that Newport Beach officials failed to adequately review a large proposed development on the coastal Banning Ranch oil field before approving it. The justices decided that the city “suppressed” information about environmentally sensitive habitat on the property. The City Manager Dave Kiff defended the city’s review noting the EIR was more than 600 pages and contained a detailed analysis of issues involving wetlands, protected species and critical habitat. Spokesman for the companies involved, Sam Singer, said the ruling would delay the project for a year or two but would not kill it. A 5.4-mile extension of BART ’s East Bay line opened last week, extending to Warm Springs/ South Fremont. The BART station is located in the new Fremont Innovation District, which includes a plan to bring more than 20,000 jobs and 3,000 housing units. Construction on the extension started in 2009 and was supposed to open in 2014, but after a series of problems the opening date was pushed back. The extension came in at $790 million, almost $100 million under budget. Only Los Angeles and Paris remain in the running for the 2024 summer Olympic Games ; the other two finalists, Rome and Budapest, dropped out of the race because of concerns about cost overruns. A new report from the Legislative Analyst’s Office suggests that the city’s plan for a fiscally responsible event will keep the risks of major financial losses relatively low.  The Los Angeles City Planning Commission and the Board of Airport Commissioners approved a $5.5 billion plan designed to reduce auto traffic and congestion at LAX . The Landside Access Modernization Program includes construction of a Consolidated Rent-A-Car Center that will combine more than 20 car rental offices and a 2.25-mile Automated People Mover. Responding to a study about the  hazards of development near freeways, two Los Angeles council members are calling for the city to prepare “strategies to address the hazard of freeway pollution affecting residents of new and existing structures.” These strategies could include buffer zones and barriers, air filtration requirements, and regulations on building design. More than 1.2 million people in Southern California reportedly live within 500 feet of a freeway and suffer from higher rates of certain health problems.  Three weeks ago, voters in Redondo Beach voted to stop the $400 million redevelopment of the city’s waterfront and this week the project developers filed a lawsuit to block the measure from taking effect. Redondo WaterFront LLC, a subsidiary of CenterCal Properties, is hoping to invalidate the voter-approved Measure C, which passed with 57.1 percent of the votes. The lawsuit alleges the initiative was “illegal, unconstitutional and invalid” and therefore cannot be enforced. The Los Angeles County Board of Supervisors voted unanimously, 5-0, to look into creating a legal defense program and providing financial assistance to help residents avoid eviction . This came a day after a report form research and analysis firm Axiometrics found Los Angeles County’s average rent was $2,271, up 2.5 percent form a year earlier. In Los Angeles County, 56,354 eviction actions were filed last year. Los Angeles City Council is debating the size of “ granny flats ” that the city will permit. While councilmembers want to adopt the state’s maximum size of 1,200 square feet, others think the maximum should be halved for the city. A proposed ordinance codifies the 1,200 square foot maximum, bans the units from hillsides and includes moveable “tiny homes” that are typically less than 500 square feet. A new report from rental site Abodo finds that 41.5 percent of LA metro millennials still live with their parents. This places LA fourth on a list of metro areas with millennials, age 18-34, living at home. Inland Empire ranked second, with 44.5 percent of millennials at home. The unemployment rate for millennials living at home is 8.7 percent in LA Metro area, which is significantly lower than the 10.1 percent national average.

CP&DR Vol. 32 No. 3 March 2017

Gov. Jerry Brown made appointments to fill three vacant positions on the California Coastal Commission. Ryan Sundberg, a member of the Humboldt County Board of Supervisors since 2010, replaces Martha McClure, who was forced to leave when she was not reelected to the Del Norte County Board of Supervisors. Donne Brownsey, from Fort Bragg, replaces Wendy Mitchell, who resigned last year. Earlier this month, San Francisco Supervisor Aaron Peskin was appointed to fill the seat of former Marin County Supervisor Steve Kinsey, who stepped down when he was not reelected as supervisor. Brown selected Coastal Commissioner Effie Turnbull Sanders to be the panel’s environmental justice representative, a position that was created by the State legislation last year. The bill requires a commissioner to live in and work with communities that are disproportionately burdened by pollution and other environmental problems. Phase 1 of Salton Sea Management Plan Released The California Natural Resources Agency has released the first phrase of a long-awaited management plan to halt the degradation of the Salton Sea. Under the Salton Sea Management Program Phase 1 10-Year Plan, the first projects are to restore areas where migrating birds once proliferated and to control toxic dust storms that arise from the permitter of the lake. Costing $383 million, the phase includes building a series of ponds and water-transfer systems across about 29,000 acres that would cover up stretches of dusty lakebed. The sea has been shrinking for years and is considered to be nearly “dead" ecologically. Last year, the legislature approved $80.5 million for Salton Sea projects. Critics of the plan worry about how the it will be funded, as much of the funding has to be approved by the legislature, and whether the state can be held accountable if it fails on its commitments to protect public health and habitat. Various options are being studied, such as building a “perimeter lake” that would stretch 60 miles along the lake’s west shore, importing water from the Sea of Cortez or brackish groundwater from elsewhere. The Salton Sea is one of the most important wetlands along the Pacific Flyway and supports nearly 90 percent of the migratory route’s American white pelicans and eared grebes. While this first phase is recognized as providing temporary solutions, it is a first step in the right direction. US DOT Maps Statewide Noise Hotpots The U.S. Department of Transportation released maps describing  transportation-related noise that found that the nosiest parts of California are around airports and freeways. While this comes as no surprise, the landing and takeoff zones around LAX are particularly bad. Similar noise spikes are found near San Francisco, Oakland, San Diego, San Jose and Long Beach. The USDOT said relatively few Americans are exposed to high levels of noise from transportation. The study found more than 97 percent of the U.S. population has the potential to be exposed to noise from airports and freeways at levels below 50 decibels or “roughly comparable to the noise level of a humming refrigerator” according to the USDOT statement. Less than 0.01 percent of the population could potentially experience noise levels of 80 decibels or more, equivalent to the noise level of a garbage disposal. San Francisco Pushes Back against Mandate to Conserve River Water San Francisco officials have released a counter-proposal to address a state mandate to increase amount of water flowing in rivers. The proposal calls for forfeiting city water supplies on the Tuolumne River only when deemed necessary to protect salmon and steelhead. It also calls for rehabilitating parts of the 149-mile river for the benefit of wildlife. The goal of the State’s Bay Delta Plan is to give a boost to the freshwater-deprived Sacramento-San Joaquin River Delta and San Francisco Bay by bringing rivers closer to their natural state. The state’s plan calls for 30 to 50 percent of the water that naturally flows to remain in the rivers; the rivers currently run at around 20 percent or less. San Francisco officials worry that further cuts to their water supply would lead to rations and 120,000 lost jobs a year. The city’s proposal calls for the city and other water agencies to invest millions more to improve salmon and steelhead habitat through projects such as enhancing gravel beds where fish spawn, removing predators like striped bass, and restoring native vegetation along the river. Report Card Issued on L.A. Sustainability Plan Los Angeles Mayor Eric Garcetti released the second annual progress report on his Sustainable City “pLAn," which shows early achievement of more than two-thirds of 2017 goals under the first comprehensive environmental plan in City history. Garcetti introduced the plan in 2015 to guide Los Angeles toward an environmentally healthy, economically prosperous, and equitable future for a city expected to grow by 500,000 residents over the next 20 years. Of the pLAn’s 2017 goals, over 90 percent are on track to be completed this year.Major accomplishments since the release of the pLAn include creating more than 20,000 green jobs; achieving a record 20 percent reduction in water use per capita; installing enough solar in the last year to power over 12,000 homes, and leading American cities with 225MW of total installed solar power. Bill Would Put Tighter Controls on SANDAG Assemblywoman Lorena Gonzalez released details that would attempt to reform the San Diego Association of Governments in part by granting more power to San Diego’s mayor. AB 805 would create an audit committee and hire an independent auditor to prevent another budgeting scandal, change voting structure to make votes proportional to their population, and make San Diego’s mayor the permanent chair of the Metropolitan Transit System (MTS) and mayor of Chula Vista vice-chair. Gonzalez said: “It’s a staff-driven organization that thinks it purpose is to build roads. I think a regional agency should do more than that.” Her bill would also make it possible for MTS and the North County Transit District to levy their own transit-only taxes, as these areas are more willing to vote for new taxes than the county as a whole. Report Prescribes Ways to Reduce Bay Area Commuting The Federal Transit Administration Sandbox Program released a white paper on “Fair Value Commuting” that looks at reducing Bay Area commuting by 25 percent. The research states that the challenge of traffic congestion and climate changes depend on the reducing of demand for single-occupant vehicle travel. Shifting commute mode choices will lower per capita vehicle miles traveled (VMTs), which reduce congestion and GHG emissions. Fair Valuable Commuting (FVC) includes Enterprise Commute Trip Reduction, Mobility Aggregation, Revenue neutral workplace parking feebate, new commute options, and systemic obstacles. These are a combination of employers assisting employee commuting, smartphone apps, charging fees for SOV commutes, GIS analysis, and better public transportation options. Within the next two years FVC will become a viable, scalable solution. Los Angeles Ordinance to Rein in Oversize Homes After an aching citywide debate, Los Angeles City Council approved , 12-0, an ordinance that further limits the size of so-called “McMansions.” The council approved an update to the city’s Baseline Mansionization Ordinance that applies to single-family homes on lots less than 7,500 square feet. Such properties are currently allowed to have floor areas that are 50 percent of the lot size, but under the amendment are reduced to 45 percent. The amendment creates incentives for building detached garages or placing them in the rear of the home. The council also passed new limits on homes built on hillsides with the Baseline Hillside Ordinance that will put an end to giant boxy homes that tower over neighbors. Long Beach Considers Ways to Save Queen Mary The Queen Mary ocean liner, purchased by the City of Long Beach a half-century ago, is “approaching the point of no return.” According to experts, the vessel is in danger of irreparable flooding and corrosion. Repairs to the ship could cost between $235 and $289 million and would take five years to complete. Urban Commons, the real estate firm that operates the Queen Mary, submitted plans for a $250 million entertainment complex to Long Beach officials. The plans include more dining, shopping, concerts and zip-lining near the historic cruise ship. Urban Commons says renovating the 65 acres of waterfront land flanking the ship could help pay for the repairs required over the next five years. Quick Hits & Updates The San Francisco Planning Commission unanimously endorsed the Mission Action Plan 2020 that lays out plans to preserve the culture of the Mission District, where housing costs have risen rapidly and many long-time residents have been displaced. The plan is intended to slow or reverse the spread of gentrification over the next three years. It calls for 2,400 permanent, new affordable housing units by 2020. As of January, only 900 such homes were in the various stages of development. The plan will move to the Board of Supervisors next. XpressWest , the company planning to build a high-speed train linking Las Vegas and Palmdale, found the rail would attract 11 million round-trip riders by 2035. The report found the line would generate about $1 billion in annual revenue by 2035, based on $115 round-trip tickets, based on an estimated 3 million passengers who would take round-trip rides when the first segment is completed in 2021. (See prior CP&DR coverage .) El Monte City Council voted unanimously to adopt “Vision Zero”, a new initiative that aims to eliminate all traffic deaths by 2027. The plan directs city staff to look at changes to infrastructure to improve safety, discuss safety improvement possibilities with the local school districts, and the creation of a “Vision Zero” advisory committee made up of representatives from the schools and city transportation, planning and police departments. In 2014, a total of 696 people were killed or injured due to motor vehicle collisions in the city. (See related CP&DR coverage .) The Coastal Commission approved a cease and desist order and administrative penalty for the property owners of La Costanara restaurant in Half Moon Bay in San Mateo County. The owners, A&G LLC, must remove much of their unpermitted construction, improve public access to Montara State Beach, and pay a half-million-dollar penalty. The Lake Elsinore Planning Commission recommended , 5-0, that the City Council approve the Alberhill Villages Specific Plan. However, the City Council called for a special election to allow voters to decide the future of the area. The plan includes more than 8,000 houses and apartments as well as parks, schools, offices and retail complexes that would be built over 35 years on about 1,400 acres on the northwest side of town. The Irvine City Council unanimously approved the building of a temporary 12,000-seat amphitheater adjacent to the Orange County Great Park . The amphitheater will open in late summer and remain for the next three years. The amphitheater will be built on private property owned by FivePoint. Live Nation will design and build the development and parking. Live Nation would hold around 35 concerts per year, primarily between June and October. A new report from the Center for Economic Forecasting and Development at UC Riverside’s School of Business found that rents in Inland Empire are rising fast or faster than in Los Angeles and Orange Counties and have much lower vacancy rates. Only 2.4 percent of rental units in the Inland Empire were vacant compared to 3.3 percent in LA County and 3.2 percent in OC. The low vacancy rates are a result of not enough apartments and single-family homes being built. A bill sponsored by by Assemblymen David Chiu (D-San Francisco) and Rob Bonta (D-Oakland), AB 1506, would repeal the Costa-Hawkins Act , the 1978 law that governs certain types of rent control.  Gov. Jerry Brown wants lawmakers to extend the cap-and-trade program , although the price of permits sold for less than $14. However, the Legislative Analyst’s Office says if the state pushes forward with its tougher climate goals the price of allowances could rise to over $50 per permit. This could increase the price per gallon of gasoline by 45 cents. The Department of Housing and Urban Development has proposed a $6.2 billion cut that would, according to analysis in the San Diego Union-Tribune, cut rental assistance to roughly 25,000 San Diego County families with more than $242 million in Section 8 funds. The proposed budget keeps rental assistance at the same levels but cuts funding to build more subsidized housing units and eliminates down payment assistance projects for first-time buyers. Storied home of 1960s protests,  People’s Park near UC Berkeley is being considered for development of student housing. The university is 6,900 beds short of the 15,600 it needs to meet goals to house half of its undergraduates and a quarter of its graduate students. The 2.8-acre park could potentially house 200-350 in a residence hall. The park currently is home to dozens of homeless people; the university hopes to work with the city to help them. Sacramento County supervisors approved a series of proposals to create programs and services for the homeless . These include a full-service shelter, a new rehousing program, redesigning the family emergency shelter network, and supporting long-standing job training and transitional housing programs. The set of proposals would cost $5.58 million in new spending for the next fiscal year and $8.3 million in new spending annually. New research from UC Riverside shows that the Newport-Inglewood fault may be more dangerous as new evidence shows past major earthquakes on the fault cause sections of Seal Beach to fall 1.5 to 3 feet in seconds. The fault runs under some of the region’s most densely populated areas from Westside of LA to Orange County coast. The City of Pasadena has identified 34 locations for bike-share kiosks around the city for a pilot program that is expected to launch this summer. the locations were chosen according to criteria such as population density and a crowdsourcing effort to identify attractive locations. The city council approved the locations, 5-3.  ATTOM Data Solutions  released  its third annual Environmental Hazards Housing Risk Index , which shows that 17.3 million single-family homes and condos nationwide, with a combined value of $4.9 trillion, are in area with high or very high risk for at least one environmental hazard. The hazards analyzed are Superfund sites, brownfields, polluters, or poor air quality. The 17.3 million homes represent 25 percent of the 8,642 zip codes analyzed. Of the 10 highest Total Environmental Hazard Index values, four were located in California: San Bernardino, Santa Fe Springs, Fresno, and Mira Loma.  Engineering firm Fluor has submitted an unsolicited proposal to Metro that would accelerate conversion of Los Angeles's Orange Line busway to light rail. Metro’s Office of Extraordinary innovation is beginning Phase 1 review of the potential public-private partnership on its financial and technical merit. The light rail conversion is not scheduled to break ground until 2051, but Fluor’s proposal may accelerate the timeline. According to a UC Irvine study, Orange County could save $42 million a year in health care, law enforcement and other expenses by placing chronically homeless people into housing. While the full study will be released in May, key findings include it would be cheaper to invest in “housing first” approach to get homeless people off the street than to continue to pay for a revolving door of emergency and interim services.

The U.S. Supreme Court’s newest justice, Neil Gorsuch, is an outdoorsman from Denver who has spent a decade on the 10 th U.S. Circuit Court of Appeals. He clearly has an affinity for the outdoors and feels some sense of connection to conservationists. But he’s also a reliable judicial conservative who has made strong statements opposing the overreach of government agencies and he has often limited the participation of environmental groups in litigation.