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Fresno County General Plan Update Could Exacerbate Sprawl Fresno County supervisors adopted a contentious update to the general plan, paving the way for significant development along the Kings and San Joaquin Rivers, despite concerns about worsening air quality, agricultural loss and exceeding carbon emissions targets. Critics, including the City of Fresno and the local Sierra Club, argue that the plan could worsen air quality, accelerate farmland loss and potentially exceed the county's state-mandated climate emissions budget by 300%. The project includes a large industrial park, suburban expansion northeast of Fresno and a 7,000-acre residential development along the Kings River. The decision, described as one of the county's most important in the 21st century, signals a shift in priorities towards revenue-generating projects, drawing criticism from environmental advocates and highlighting the tension between development goals and community needs. New Online Tool Illustrates Mobility Disparities Statewide Caltrans introduced its Transportation Equity Index (EQI) tool to address disparities in mobility across California. Developed with three key data indicators focusing on household income, traffic exposure and access to destinations, the EQI aims to identify communities most negatively affected by issues like traffic, crashes and air pollution. It assists in prioritizing projects and policy decisions aligned with state environmental and equity goals, aiming to improve access and quality of life for all Californians. Caltrans intends to integrate equity considerations into project planning, development and design phases, with the tool's first application enhancing the analytical capabilities of the Caltrans System Investment Strategy (CSIS). Additional applications of the EQI are anticipated to follow, marking a significant step in ensuring equitable transportation outcomes across the state. High Seed Rail Authority Releases Station Renderings The California High-Speed Rail Authority released renderings of the proposed high-speed rail stations in the Central Valley, revealing their large scale, featuring wide platforms, concourses and spacious outdoor areas. The stations --in Merced, Fresno, Bakersfield and outside of Hanford--will be characterized by large, perforated metal canopies shielding passengers from the region's intense heat. All of the stations will feature large parking lots, indicating many riders will have to drive to the stations. Riders will board the trains from elevated platforms with limited access to ticketed passengers, while amenities such as parking lots and airport-like seating will cater to Central Valley commuters. Construction of these stations is slated to commence in 2027, with passenger service expected to begin between 2030 and 2033. Clovis Settles Suit over Housing Policies The City of Clovis and housing advocate Desiree Martinez reached a settlement in the Desiree Martinez v. City of Clovis lawsuit, marking the end of years of litigation over the city's land use and planning policies. The lawsuit, filed in 2019, alleged that Clovis was not complying with California's Housing Element Law, hindering affordable housing development. Key points of the settlement include the establishment of a Local Housing Trust Fund, rezoning for multifamily dwelling units and the requirement for up to 10% of units in new housing developments to be affordable for low-income families. The agreement, facilitated by Central California Legal Services, the Public Interest Law Project and the Law Office of Patience Milrod, aims to create over 3,000 additional affordable housing opportunities in Clovis. CP&DR Coverage: Los Angeles Safe-Streets Ballot Measure Draws Fire Between 2013 and 2022, Los Angeles County averaged around 54,000 fatal or injury crashes annually (the vast majority being injury-only crashes). One city in Los Angeles County is attempting to do something about car accidents and, especially, the hazards they pose for pedestrians. On March 5, voters in the City of Los Angeles will consider Measure HLA, an initiative that would force the city to implement its Mobility Plan 2035, which was adopted in 2015. Backers of Measure HLA say that the city has implemented as little as 5% of the plan. Meanwhile, some 300 deaths take place annually on the city's streets. That's why it's odd that the major opponent was none other than the Los Angeles firefighters union. But, it's more than odd. It's a major impediment to good urbanism. Quick Hits & Updates A new report "Foot Traffic Ahead 2023" by Smart Growth America and Places Platform ranks the top 35 metro areas in the U.S. by their walkable urbanism, highlighting the demand for such real estate surpassing supply. San Francisco and Los Angeles ranked 6th and 8th, respectively; on the other end of the spectrum, Sacramento ranked 24th and San Diego 28th. The developer behind the proposed redevelopment of the former California Pacific Medical Center campus addressed concerns of Presidio Heights residents regarding planned changes to a housing project in San Francisco, emphasizing that the project won't exceed current height limits. The proposed redevelopment includes additional senior living units and a modified residential component, aiming to provide much-needed housing while adhering to community feedback. An Orange County judge ruled that Anaheim violated housing laws by denying a permit for Grandma's House of Hope to open transitional housing for women in the Anaheim Colony Historic District. Governor Gavin Newsom hailed the ruling as a victory for addressing homelessness, while the city argued that it needed to balance neighborhood integrity with housing needs and is reviewing the ruling. A property owner in Del Mar is suing the city over the Seaside Ridge for repeatedly denying the project application, citing the builder's remedy provision of the Housing Accountability Act. The lawsuit claims the city's refusal to move forward obstructs affordable housing construction and violates state law, despite Del Mar's recent agreement with the Fairgrounds for affordable housing negotiations. Developer Seaside Ridge argues the project's necessity to meet housing mandates, contrasting its readiness with the delayed fairgrounds units, potentially extending beyond the mandated closure date. The 40 Acre Conservation League, California's first Black-led land conservancy, has acquired 650 acres of Sierra Nevada land in the Emigrant Gap area of Placer County. Supported by a $3 million grant from the Wildlife Conservation Board and Sierra Nevada Conservancy, the league aims to conserve over 25,000 acres of land by 2030, signaling its commitment to environmental stewardship and community empowerment. UC Berkeley spent approximately $7.8 million to secure and wall off People's Park to prepare for the construction of a new housing complex. The cost includes expenses for police presence, construction and relocating homeless individuals to a hotel. Activists criticized the university's spending, while officials defended the operation as necessary for safety and construction readiness. According to an analysis of the National Association of Home Builders' tally of housing permits, California experienced a slight dip in new housing permits in 2023, with builders filing 111,221 permits, marking a 6% decrease from 2022, though still outperforming the national average. Single-family permits totaled 57,959, down 8%, while multifamily permits reached 53,262, down 3%. Southern California metro areas saw a combined 6% increase in permits, while northern metros experienced a 10% decline. The federal government is allocating over $1 billion for cleanup projects at more than 100 Superfund sites across the country, via the Bipartisan Infrastructure Law. At the Sulphur Bank Mercury Mine Superfund site in Lake County, funds will be used to manage mining waste, safeguard residential areas and create a safe environment for the limited recreational activities of Elem Indian Colony residents, including hunting, fishing, foraging and transit to nearby lands. Former Anaheim mayor Harry Sidhu's plea agreement revealed unethical conduct during stadium deal negotiations, but a court cleared the city of violating open government laws, largely upholding compliance with the Brown Act despite criticism of transparency. The appellate court's ruling acknowledged the need for public comment via telephone during the pandemic while affirming the city's overall adherence to the Brown Act.

All this litigation and pressure from the state and advocacy groups on the question of housing production is leading to something . The question is whether it will lead to more housing.

Revised Vallco Mall Redevelopment Wills Approval in Cupertino The City of Cupertino approved a revised plan for a long-awaited mixed use development called The Rise, set to replace the former Vallco Shopping Mall. The project was one of the first SB 35 controversies in the state. (See prior CP&DR coverage .) The project, which has been in the words for at least six years and heavily litigated, will feature housing, commercial spaces and offices, with a focus on increasing residential units while reducing overall building square footage and height. The revised project will include 2,669 residential units, up from 2,402, and about two-thirds as much retail and entertainment space. Sand Hill Properties, the real estate firm behind The Rise, cites market forces as driving the need for flexibility and creativity in the project's design. Despite challenges in securing construction financing due to high interest rates and inflation, the project moves forward with approval from the city, aiming to blend urban and natural environments while meeting Cupertino's housing needs. The approved plan would fulfill more than half of Cupertino's housing obligations for the next planning cycle. Port of San Diego Adopts Master Plan, 11 Years in the Making The Port of San Diego certified the final environmental impact report for its master plan update , designating specific areas of San Diego Bay and the waterfront for various uses including maritime, recreational, and commercial activities. The Port Master Plan Update, governing the 30-mile waterfront of San Diego Bay -- encompassing 2,400 acres of land and 3,500 acres of water -- reflects extensive community engagement over 11 years, aiming to fulfill promises made to voters since the port's establishment in 1962 by enhancing public access, preserving natural resources and balancing development needs while providing economic opportunities. The plan calls for extensive upgrades to open spaces, including pedestrian access and parks. It also includes over 3,000 new hotel rooms. The update represents the first comprehensive revision since the plan's approval in 1981. With unanimous approval from the Board of Port Commissioners, the plan now awaits certification from the California Coastal Commission, expected by late 2024. HCD Solicits Comments for Draft Surplus Land Act Guidelines The Housing and Community Development department released draft Updated Surplus Land Act Guidelines for public comment until March 25, 2024, inviting specific feedback on proposed changes and their rationale, particularly regarding surplus land identification, notification procedures and disposal terms. These guidelines aim to address legislative changes and identified areas requiring updates or clarity since the initial adoption in April 2021, emphasizing the need for additional clarity and changes in light of evolving laws and challenges. HCD is facilitating public engagement through a webinar on March 6, 2024, to discuss the draft guidelines and receive input from stakeholders. The Surplus Land Act connects developers interested in building affordable homes with surplus local public land, requiring local agencies to notify relevant entities and HCD before disposing of surplus property, with all inquiries and documentation submitted through the Surplus Land Portal. California Lawmakers Introduce Federal Housing Bill California Congressmembers Rep. Ted Lieu and Senator Alex Padilla introduced the Housing for All Act, a bipartisan legislative package aimed at addressing homelessness and affordable housing issues. The legislation hopes to provide federal funding for both existing and innovative housing solutions. The bill would invest in already-established programs while supporting locally developed initiatives to combat homelessness. Key components include investments in affordable housing programs, homelessness prevention and support for vulnerable populations. The proposed legislation has garnered support from various stakeholders, recognizing the urgent need to address the housing crisis nationwide. Commercial Property Owners Consider Adaptive Reuse The Winter 2024 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey indicates a potential rise in adaptive reuse of office buildings, with 21% of property owners planning redevelopment for multifamily, industrial and retail purposes over the next three years. The office sector recovery is expected to extend until the end of 2026, with decreased new development and complex leasing processes observed. Retail market optimism is growing, with 80% of respondents expecting demand to outpace supply, while the industrial sector anticipates continued strong leasing activity but foresees supply eventually exceeding demand. Multifamily development faces macroeconomic pressures, particularly in Northern California, with 68% of respondents reporting no plans for new development due to high interest rates and construction costs. (See related CP&DR coverage .) CP&DR Legal Coverage: Berkeley Loses CEQA Case in Court; Davis Settles Builder's Remedy Case The City of Berkeley has already gotten hammered in court over denying an affordable housing project that would be built on a parking lot over the remnants of a Native American shellmound. But now Berkeley's going to have to pay as well. Invoking a previously little-used clause in the Housing Accountability Act, Alameda County Superior Court Judge Frank Roesch has fined the City of Berkeley $2.6 million - in addition to ordering the city to pay attorneys' fees of $1.4 million. The money will be deposited into an affordable housing fund. The notoriously slow-growth City of Davis has reached a legal settlement over the controversial Palomino Place project, agreeing to process the project as a builder's remedy project instead of taking it to a vote, which would be required under the city's Measure J voter requirement. The Palomino Place proposal originally consisted of 165 housing units on property currently designated by the general plan for agricultural use. The settlement agreement would not quite treat the project as a purely builder's remedy application. Rather, according to the settlement agreement, the developer will increase its commitment for affordable housing to 25% of the project (45 units), while the city promises to process the project quickly, produce an environmental impact report, and act on the project by the end of 2024. Quick Hits & Updates $10.3 million has been given to the Land Conservancy of San Luis Obispo County to purchase a conservation easement for Camatta Ranch, protecting a wildlife corridor for threatened and endangered species on California's Central Coast. This acquisition adds to the protected lands, covering 27,512 acres and safeguarding native habitat for numerous animal and plant species, contributing to the state's goal of conserving 30% of its land and coastal waters by 2030. HUD has awarded nearly $4 million to support research aimed at accelerating innovative housing practices. Two California universities received the second- and third-largest grants, respectively. The University of California, Los Angeles, received $458,340 to analyze the effects of ADU legalization on rents, prices, and land values in California. The University of California, Irvine, will research the impact of state-level reforms on ADU development, particularly in relation to fair housing initiatives, with a $343,244 grant. Development company Eldridge Renewal has submitted a formal application for the redevelopment of the Sonoma Developmental Center campus, proposing a mix of housing, retail, office space, green spaces and a hotel. The developer and the county are in disagreement over the interpretation of housing regulations, with Permit Sonoma -- the county's planning agency -- advocating for more affordable units and expressing concerns about fire risk and the layout of the development. Of the 930 units the developer intends to build, the developer contends that 124 must be deed-restricted units while the county is insisting on 232.(See related CP&DR coverage .) Yreka adopted an updated general plan aimed at guiding the city's development over the next 20 years, incorporating input from over 450 residents gathered through public engagement events. The plan emphasizes fostering business growth, expanding housing options, improving healthcare access, promoting community gardens and addressing concerns such as housing affordability and healthcare availability. After five years of effort to bring high-speed transit to San Diego's international airport, a final route and mode of travel won't be selected for at least three more years, frustrating local leaders who worry about funding opportunities expiring. Despite SANDAG staff's insistence that the new timeline doesn't represent a delay but rather a different approach, board members expressed dissatisfaction, emphasizing the need to expedite the process to provide efficient transit options to the airport. The Nevada County Board of Supervisors unanimously rejected a gold mining proposal in Grass Valley, emphasizing the community's desire for environmental protection. Rise Gold's application to reopen the Idaho Maryland Mine, inactive since the 1950s, faced significant local opposition due to concerns over environmental impact and groundwater contamination. Rise Gold has threatened legal action against the county, claiming a constitutional violation and seeking compensation for the estimated $400 million in gold that it claims could be extracted. A $7.2 million "catchment wall" will be constructed in northern San Clemente to address a landslide area and restore passenger train service through to San Diego, funded by the California Transportation Commission. The wall, similar to one built previously near Casa Romantica, aims to prevent hillside slippage, with discussions ongoing about the damaged Mariposa pedestrian bridge as a result of the landslide. California voters approved the No Place Like Home ballot measure in 2018, aiming to address the state's homelessness crisis by funding permanent supportive housing. However, more than five years later, only a fraction of the promised housing units have been completed , highlighting challenges like NIMBYism, funding complexities and legal obstacles, according to an analysis by the San Francisco Chronicle. The Concord City Council approved rent control in a 4-1 vote, with a proposed citywide vote due to concerns about including single-family homes, although this motion could not proceed. The ordinance expands the Rent Registry and implements a Rent Stabilization Program for multi-family rental complexes built before Feb. 1, 1995, aiming to address tenant rights and landlord concerns in the community. The California State University Board of Trustees approved a master plan for the Sacramento State Placer Center, a satellite campus set to accommodate 12,000 students in Placer County's Placer One development. Collaborative efforts with partners like Sierra College aim to facilitate dual enrollment programs, while discussions for a potential Forensic Sciences Laboratory highlight ongoing collaboration for educational expansion. A study from UCLA's Lewis Center for Regional Policy Studies examined the relationship between housing affordability and commute distance in Los Angeles-Orange MSA and the Riverside-San Bernardino MSA, concluding the importance of protecting and increasing the supply of affordable housing in job-rich neighborhoods located in more expensive, urban and coastal cities (Los Angeles-Orange MSA).

CP&DR Vol. 39 No. 2 February 2024 Report

A few days ago, I drove from west Los Angeles to Whittier, a leafy suburb founded by Quakers on the eastern edge of Los Angeles County. Just east of downtown Los Angeles, I got on the 60 Freeway and took it to the 605. I kid you not, every single billboard along this route advertised one of two things: insurance or accident attorneys. I lost count of the latter. There was Jacob Imrani, Anh Phoong, Sweet James, Morgan & Morgan, and the dean of Los Angeles accident attorneys, Larry H. Parker, who's been "fighting for you" seemingly since the days of covered wagons. Pirnia Law sponsors UCLA athletics and appeals to the fraternity crowd with the most bro-y slogan in legal history: "putting the 'lit' in litigation." The Pirnia billboard I saw on Friday promised, "We run L.A.," whatever that means. (An aside: if you're going to be an accident attorney in Los Angeles, it is, apparently, mandatory for you or your avatar to have facial hair, ideally a goatee.) These billboards all make for an ugly drive. Granted, it wouldn't have been any less ugly if they advertised something else, like soda pop, cigarettes, or, well, cars. What's remarkable is that, in a county with a $750 billion GPD, these are the only businesses that seem willing to spend money on outdoor advertising. Sadder still: there is a robust market for their services. Our society is as litigious as it is dangerous. Between 2013 and 2022, Los Angeles County averaged around 54,000 fatal or injury crashes annually (the vast majority being injury-only crashes). I'm pretty sure the only people who celebrate those statistics are the attorneys. And yet, the crashes persist. One city in Los Angeles County is attempting to do something about car accidents and, especially, the hazards they pose for pedestrians. On March 5, voters in the City of Los Angeles will consider Measure HLA, an initiative that would force the city to implement its Mobility Plan 2035, which was adopted in 2015. Backers of Measure HLA say that the city has implemented as little as 5% of the plan. Meanwhile, some 300 deaths take place annually on the city's streets. HLA promises a revolution in active transportation and the pedestrian realm. We're talking about enhanced sidewalks and crosswalks; street furniture; trees; dedicated bus lanes and upgraded transit stops; bike lanes; traffic calming; and more. It's the sort of mobility bonanza that activists and progressive planners have dream about. It could turn at least a few of Los Angeles's ugly, dangerous thoroughfares into places that people where people just might want to hang out. HLA will not be cheap. A recent analysis by Los Angeles City Administrator Matt Szabo estimates it will require $3.1 billion. Supporters dispute that number and, of course, argue that the promise of lives saved and streets beautified justifies a major investment. Now, our friends on the billboards haven't come out against Measure HLA, as far as I know. Even they aren't brazen enough for that. And yet, someone else has -- the firefighters of the Los Angeles Fire Department. Let that irony sink in for a moment. The firefighters claim that many of these street improvements could interfere with emergency responses. “Every second counts. The road diets slow down our firefighters,” Freddy Escobar, president of the United Firefighters of Los Angeles City Local 112, told the Los Angeles Times. “And it will be so much worse with HLA.” In other words: we don't want a hook-and-ladder truck getting hung up on a bulb-out or squeezed by a bike lane. I give due respect to emergency responders, and I get that the firefighters have their priorities--especially when it comes to saving lives. But the mobility plan isn’t merely about aesthetics. Its point, in fact, is to save lives: not by responding to accidents but by preventing them in the first place. In 2023, 336 people died in traffic-related deaths in the City of Los Angeles (half were pedestrians). Meanwhile, between 2014 and 2019, the average number of deaths from accidental structure fires was 14. I hardly want to pit one sort of tragedy against another. But, let's face it, governance is always about priorities. And, indirectly, Measure HLA can improve public health by promoting walking and biking and even by fostering social relationships. It's a lot easier for neighbors to get to know each other when they're walking down the same sidewalk than when they're both racing to make the yellow light. And, however harrowing a fire may be, at least most of them are accidental and isolated. Measure HLA attempts to undo an entirely intentional, nationwide disaster. The firefighters thus miss the city for the buildings. It's not the first time, though. Many cities' street dimensions are already dictated by the size and performance of fire trucks. And, last year's successful AB 835 made the case that fire codes that require most multistory buildings to include two stairways (for emergency egress) severely constrain the way residential buildings can be designed and, indirectly, make California cities uglier and more expensive than they'd be if buildings were allowed to have only one stairway. I'm not an expert on emergency response. But I've been involved in urban planning long enough to know that, in too many instances to cite, the very people who are trained, paid, and empowered to design our cities somehow get shoved aside. Meanwhile, veneration for emergency responders -- much of it well earned -- has often given them, and their unions, unduly loud voices in the civic discussion. Not this time, though. What's especially bonkers about the firefighters' opposition to HLA is that they are almost alone. The list of groups that have endorsed it is not just long -- it's also among the most diverse you could ever imagine in Los Angeles. Plenty of other unions support it, including the SEIU and the teachers union. Elected officials have lined up in favor of it. Seemingly every mobility, environmental, and social justice organization has too. Democratic groups support it, and so does the Los Angeles County Business Federation. If ever a group could be expected to oppose a measure that de-emphasizes the use of cars, it would be the United Autoworkers -- but, no, they're on the list too. For all of this enthusiasm, I'm not sure that the mobility plan will cure all that ails Los Angeles's streets, even if it's supercharged by Measure HLA. And I certainly don't know if $3.1 billion -- or whatever the true amount is -- would be a sound investment. But, the fact that concepts once as obscure and forlorn as "complete streets" and "active transportation" are on the ballot in a famously car-centric city has to be good news, for planners and pedestrians alike. It has at least a chance of making the city safer and more attractive. Of course, I don’t expect those billboards to come down any time soon, and we’re probably stuck with the freeways too. But we can at least hope that some of those attorneys go out of business.

U.S. Supreme Court Declines to Hear California Rent Control Case The United States Supreme Court rejected a significant property-rights challenge to rent control laws in New York City and California, which permit tenants to remain in below-market-cost apartments for extended periods. New York landlords sued, arguing that rent regulation and long-term occupancy violated the Constitution's prohibition on taking private property for public use. While Justice Clarence Thomas issued a partial dissent, the majority found insufficient evidence that landlords were unable to evict tenants for specific reasons. The ruling's impact could have directly affected around 1 million apartments in New York City and potentially influenced California. Despite recent interest from the court's conservative majority in bolstering property rights, rent control has been upheld as property regulation rather than governmental seizure. Challenges to property rights, including developer fees, have emerged in California, reflecting broader debates over governmental takings and private property rights. Tribes, Farmers Reach Agreement on Use of Klamath River Water The Interior Department, tribal nations, and farming groups have reached an agreement regarding the governance of the Klamath River, flowing through California and Oregon, seeking harmony between irrigation needs and environmental revival. Signed by the Klamath Water Users Association and tribal representatives like the Klamath, Yurok and Karuk Tribes, the deal emphasizes enhancing ecosystems and ensuring water dependability for agriculture. Historically, conflicts over water distribution between farmers and tribes have intensified during droughts, with tribes advocating for salmon preservation. The pact includes a $72 million infusion, drawn from the bipartisan infrastructure law, for upgrading agricultural infrastructure and ecological initiatives in the Klamath River Basin. Notably, the agreement fosters cooperation among stakeholders who have grappled with communication barriers in the past, aiming for comprehensive ecological renewal and improved water supply management. State Considers Cessation of Fracking Statewide The California Conservation Department has proposed halting the issuance of permits for well stimulation treatments, commonly known as fracking, across the state. The department's Geologic Energy Management Division aims to safeguard life, property, public health, safety and environmental quality by prohibiting new permits for fracking. Most fracking activities occur in Kern County's oil fields in the Central Valley, where over 2,200 permits have been granted, contributing to about 12% of oil and 17% of natural gas extraction in the state. Fracking involves injecting liquids into bedrock at high pressures to access natural gas and petroleum, emitting pollutants and posing risks of oil spills and harm to marine life. Concerns over fracking's impacts on mental well-being and its contribution to climate change have intensified public dissatisfaction, prompting the proposed regulation. The public and oil industry can provide written feedback on the proposal, with a public hearing scheduled for March 26, reflecting Californians' long-standing desire to move away from fracking toward a safer, sustainable future. Package of Housing Bills Introduced in State Senate State Senator Nancy Skinner introduced her 2024 Housing Package aimed at addressing California's housing crisis through legislation promoting more housing creation, reduced costs and expanded homeownership. The package includes SB 1211, facilitating the construction of accessory dwelling units (ADUs) in multifamily housing properties, SB 1210, which caps utility hook-up fees on new housing units and SB 1212, prohibiting corporate entities from purchasing single-family homes. SB 1211 aims to boost the ADU market by allowing more detached ADUs on multifamily properties, while SB 1210 seeks to lower housing costs by capping utility hook-up fees and allowing payment over a 10-year period. SB 1212 aims to increase homeownership opportunities by preventing large investors from buying single-family homes. CP&DR Legal Coverage: Private Regulation of Short-Term Rentals; CEQA Exemptions In an unpublished ruling, the Fourth District Court of Appeal upheld a preliminary injunction against the Arrowhead Lake Association's new rules preventing short-term renters - and homeowners who are not members of the association - from accessing the privately owned Lake Arrowhead beach. The case still must be tried on the merits, but the appellate court said the homeowners challenging the new rules are likely to win - and, in the process, the justices shot down comparisons between the Lake Arrowhead Association and formal local government bodies - at least as far as the definition of a short-term rental is concerned. It's not unusual for neighboring residents who dislike a project to use the California Environmental Quality Act process as a way to try to stop the problem no matter what is environmental impact. And it's not unusual for elected officials to give angry neighbors what they want, again by using CEQA. It is a bit unusual for an appellate court to call everybody out, however. And in a ruling that could have widespread consequences for tiering of environmental impact reports, that's just what the Fourth District Court of Appeal has done in a case involving a proposed recycling plant in San Diego County. The opinion is important because it allows a exemption to tier off of a programmatic environmental impact report. Quick Hits & Updates The Los Angeles Metro Board of Directors certified the environmental impact report for the Los Angeles Aerial Rapid Transit Project, connecting Dodger Stadium to downtown LA via a gondola system. Despite opposition from residents and concerns over transparency and costs, the project moves forward pending consideration by other agencies before construction approval. A Kern County Superior Court judge upheld a preliminary injunction requiring Bakersfield to maintain water flow in the Kern River to protect fish habitats, ruling against the city's attempts to dismiss claims related to public trust and fish and game code violations. While the judge sided with environmental groups on some claims, such as the classification of Bakersfield's diversion structures as dams, he rejected others, including allegations of public nuisance and failure to fulfill trustee duties, prompting potential amendments to the lawsuit. A company pursuing a large-scale sand and gravel mine near Santa Clarita is suing the State Water Board over a permit needed to use the Santa Clara River for its plan to mine 56 million tons of aggregate, delaying discussions on potential concerns regarding the operation's proximity to the river. The lawsuit alleges discrepancies in the board's decision-making process, while opponents raise concerns about increased traffic, air quality degradation and water usage associated with the proposed mining operation. City Administrative Officer Matt Szabo estimates that Measure HLA, a proposal to make pedestrian and active transportation improvements in Los Angeles, would cost the city at least $3.1 billion over the next decade. Proponents of HLA criticized Szabo's analysis, calling it a "last-minute electioneering ploy," while supporters voiced frustration with the city's handling of traffic safety concerns. (See related CP&DR commentary .) The City of Berkeley has been fined $4 million for mishandling a developer's application to build housing units on the old Spenger's parking lot, with $2.6 million going towards violating the Housing Accountability Act and $1.4 million reimbursing the developer for attorney's fees. The legal battle, spanning six years, involves conflicts over historic preservation, housing affordability, and environmental concerns, highlighting the complexity of development projects in the area. The fine will go into the city's affordable housing trust fund. The California Conservation Department has proposed a regulation to halt the issuance of permits for well stimulation treatments, commonly known as fracking, across the state. The department cited concerns about air and water pollution, oil spills and the use of toxic substances in fracking fluids -- as well as increasing public concern -- as reasons for phasing out permits. A recent poll in San Francisco reveals that over half of voters are concerned about crime, drugs and homelessness, with nearly three-quarters feeling the city is heading in the wrong direction, which could impact Mayor London Breed's reelection prospects. Despite a 7% decrease in reported crimes last year, 69% of respondents believe crime has worsened. Voters support financial incentives to revitalize downtown, with 84% backing incentives for small businesses and 81% for large businesses, along with 71% supporting tax incentives for businesses moving into vacant spaces. The Oakland Ballers minor league baseball team have chosen Raimondi Park as their home field for the Spring 2024 season, with plans to host 48 home games starting in June. They aim to revitalize the park, investing $1.6 million in upgrades to create a premier venue for professional and youth baseball and softball, supported by descendants of baseball legends associated with the park. The Office of Attorney General Rob Bonta is supporting the City of Eureka in its legal battle against the Citizens for a Better Eureka's attempts to block affordable housing developments downtown, arguing that the city complied with environmental regulations and housing policies. This move comes as Citizens for a Better Eureka files motions seeking preliminary injunctions to halt planned affordable housing and transportation projects, citing violations of the California Environmental Quality Act. A new Zoning Reform Tracker from the Othering & Belonging Institute of UC Berkeley documents zoning reform efforts across the country, hoping to follow and log any potential anti-density zoning ordinances promoting race and class-based discrimination in housing. The Zoning Reform Tracker focuses primarily on municipal zoning reform efforts, encompassing both a database and interactive webmap.

State Updates Complete Streets Guidelines, Requiring Consideration of Active Mobility Caltrans released its long-awaited guidelines for the design of complete streets last month; they are effective immediately. "Design Information Bulletin #94 - Complete Streets: Contextual Design Guidelines" offers specific standards and best practices" to support the design of comfortable and convenient streetscapes by utilizing space-efficient forms of mobility such as people walking, biking, rolling, or accessing transit." The guidelines state that agencies must account for road users who are not in cars when designing and upgrading streets, acknowledging "the needs of pedestrians and bicyclists should be given special consideration, as their forward movement is physically taxing and opportunities for rest and shelter are of special importance." The guidelines address many of the state's diverse contexts, from urban cores to rural areas. The guidelines are explained an illustrated in a " storymap " published by Caltrans. Court Cites Anaheim for Denial of Transitional Housing Project An Orange County court ruled in favor of the California Department of Housing and Community Development (HCD), determining that the City of Anaheim violated state housing laws by denying a permit for transitional housing for homeless women with mental health disabilities. The dispute arose when Grandma's House of Hope, an established nonprofit, sought to open a facility in the Anaheim Colony Historic District, but faced opposition from neighbors and a denial of a conditional use permit by the City Council. Governor Gavin Newsom hailed the ruling as a victory against discriminatory housing policies, emphasizing the importance of transitional homes in addressing homelessness. The court's decision highlighted violations of several housing laws by Anaheim and nullified the city's illegal permitting rules, with further proceedings to determine potential remedies. While the city expressed concerns about neighborhood integrity, the ruling underscored the imperative to uphold fair housing practices and provide housing for all community needs. Major Lithium Project Breaks Ground at Salton Sea The recent groundbreaking for the Hell's Kitchen 1 plant marks the beginning of the $1.85 billion project in the Salton Sea area, blending lithium extraction with geothermal power. Despite potential legal challenges, developer Controlled Thermal Resources plans up to seven plants atop a vast lithium brine reserve. The project promises to produce renewable energy and 25,000 metric tons of lithium hydroxide annually, enough for 415,000 electric vehicle batteries. Despite enthusiasm from dignitaries and officials, including White House energy advisor John Podesta, concerns persist over environmental impact and tribal consultation. The project's economic potential, including job creation and revenue generation, is touted, but legal hurdles loom as community groups challenge environmental reviews and compliance with zoning laws. A nonprofit group called Comite Civico del Valle is suing, claiming that the facility's permits were issued without proper consideration for the health effects on local residents and that it will overuse water from the nearby Colorado river. State Certifies Brisbane Housing Element over Housing Advocates' Objections The Department of Housing and Community Development delivered a rare piece of good news to the city of Brisbane regarding its housing element laws. Despite complaints from pro-housing groups about delays in the redevelopment of the Baylands, HCD ruled in favor of the city. Although Brisbane missed a deadline related to publishing an environmental study, HCD determined that there is still time to complete the necessary approvals by January 2026. This decision comes amidst a significant number of cities and counties in California being out of compliance with housing element laws, leading to concerns about affordable housing availability. Despite these concerns, Brisbane officials remain committed to moving the Baylands project forward, which represents a substantial portion of the city's housing obligations. (See related CP&DR coverage.) YIMBY Law Sues Los Angeles for Denial of 100% Affordable Housing Project YIMBY Law filed a second lawsuit against the city of Los Angeles for unlawfully delaying a 100% affordable housing project consisting of 190 homes on Wilbur Ave in Reseda, a single-family-only neighborhood. This legal action follows a similar lawsuit in January 2024 concerning a project on Winnetka Ave. The projects were originally eligible for streamlined approval under Mayor Karen Bass's Executive Directive 1 (ED1) but faced delays due to a revision exempting single-family-only neighborhoods, enacted after the project submissions. According to the lawsuit, and despite advocacy efforts and community support, the planning commission and city council unlawfully stalled these affordable housing projects. YIMBY Law stressed their aims to ensure the approval and streamlining of these projects and others under the original form of ED1. CP&DR Coverage: Cities Anticipate Impacts of Brightline High Speed Rail Last month, Brightline West , a privately developed high-speed rail line connecting Rancho Cucamonga with Las Vegas, received $2.5 billion in private activity bonds from the U.S. Department of Transportation, bringing the $12-billion project one step closer to groundbreaking. All told, the project has received nearly $9 billion in federal loans and grants. Regardless of whether the train arrives, the city believes that this sort of development is appropriate for Rancho Cucamonga no matter what. The city is required to zone for 10,525 additional units according to its 6 th Cycle Regional Housing Needs Allocation. Burris said that it makes sense to concentrate development in a few key areas so that it does not encroach on the city's vast swaths of single-family neighborhoods. Quick Hits & Updates Sonoma County is backing a proposal for a Center for Climate Action as part of the redevelopment plan for the historic Sonoma Developmental Center property, aiming to create a collaborative space to address climate crisis challenges. Funded by a $250,000 grant from the California Coastal Conservancy, the initiative aims to attract stakeholders and private enterprise to tackle climate issues, amidst negotiations for redevelopment of the site, which could include housing units. (See related CP&DR coverage.) Three California Assembly members have proposed a $1 billion bond act to support the expansion of ports to accommodate the development of massive wind farms off the state's coast. The proposed bond, aimed at enhancing port capacity for assembling, constructing and transporting wind turbines, is considered critical for offshore wind projects, aligning with California's goal to transition to 100% clean energy and the projection of offshore wind farms supplying 25 gigawatts of electricity by 2045. After two previous rejections, the city of Davis received approval for its Housing Element from the California Department of Housing and Community Development. The approved plan includes various initiatives such as promoting affordable housing, streamlining development processes and preserving affordable housing. While the approval is a significant step, the city acknowledges challenges ahead, especially regarding meeting future housing requirements without sufficient infill sites. Oakland-based developer oWow filed an application to modify previously approved plans for the redevelopment of 960 Howard St. in San Francisco's Central SoMa neighborhood per a recently enacted provision in state Density Bonus Law. Originally greenlit as a three-story office building with a 9-story residential addition, the project now seeks to add 16 stories, for a total of 274 rental units, including 42 designated as affordable housing. According to a new study by SPUR, California's housing crisis is exacerbated by a decentralized governance system, with multiple agencies and regional processes leading to misalignment and complexity. SPUR's report advocates for state-level reform and offers 11 recommendations to streamline governance and address the housing shortage effectively. San Francisco supervisors rejected a challenge to the redevelopment of a former medical library in Pacific Heights, paving the way for the project to proceed without an environmental review. The proposal aims to preserve the building's facade and add two towers for housing, a decision that could have implications for future housing construction in the city. According to a newly published study from the University of Illinois Chicago, 15,000 U.S. cities will experience significant depopulation by 2100. The study anticipates the southern coast of California will lose population while the northern coast gains a larger population. This trend necessitates a shift in urban planning away from growth-focused strategies, states the study's senior author. The latest National Seismic Hazard Model predicts that nearly three-quarters of U.S. states, including California, face the risk of damaging earthquakes in the next century. Southern Alaska, California and Hawaii have over a 95 percent chance of experiencing damaging earthquakes, while even parts of the Mississippi Valley have up to a 90 percent chance. The Conservation Fund closed a $16 million deal to purchase Richmond Ranch, a 3,654-acre property near San Jose, from Z&L Properties, with plans to convert it into a nature preserve with hiking trails, safeguarding critical habitat for Tule elk and other wildlife and serving as a vital link in the Bay Area Ridge Trail. The property's acquisition by conservationists marks a significant win after Z&L's earlier purchase disappointed South Bay conservationists, with the ranch expected to be jointly managed by the Santa Clara County Parks Department and the Santa Clara Valley Habitat Agency. The Biden administration is allocating $426 million for a project to build a marine terminal in Humboldt County, facilitating the construction and deployment of hundreds of massive turbines for an offshore wind farm 20 miles off the state's coast. This initiative marks a significant step forward in California's efforts to establish offshore wind farms, with plans to generate thousands of jobs and contribute to the state's goal of achieving 100% clean electricity by 2045. The Inland Empire, consisting of Riverside and San Bernardino counties, emerged as California's top job creator over the past four years, adding 128,400 jobs since 2019, primarily fueled by the logistics industry's growth driven by the push for online shopping. This growth accounted for 20% of the state's new jobs while comprising only 9% of the total employment in California, with other regions like Los Angeles, San Diego and Sacramento also experiencing significant job increases.

State Awards Seven Prohousing Designations Seven California jurisdictions -- the cities of Eureka, Healdsburg, Mountain View, Petaluma, San Luis Obispo and Santa Monica as well as Tulare County -- have been designated as Prohousing by the Department of Housing & Community Development for their efforts in promoting housing development across all income levels. With the Statewide Housing Plan highlighting the need for 2.5 million new homes by 2030, this designation recognizes communities going above and beyond state housing laws to expedite housing production. These Prohousing communities will receive funding incentives and additional resources to bolster their innovative housing efforts. These jurisdictions indicated a commitment to state housing goals by streamlining processes, reducing fees and incentivizing affordable housing projects. (See related CP&DR coverage .) Related Cos. Downsizes Major Santa Clara Development The first phrase of the Related Santa Clara project, once envisioned as a sprawling mixed-use development of four million square feet, is undergoing significant downsizing. Developer Related Cos. now envisions roughly 1.6 million square feet of office space with light industrial and advanced manufacturing buildings. Originally slated for 4 million square feet of offices, the shift aims to better align with current market demands, reflecting broader trends in commercial real estate. The development is unlikely to generate the "neighborhood" feel originally envisioned. City officials raised concerns about potential impacts on the city's long-term vision for an entertainment district, given the area's access to public transit. The development includes plans for extensive housing, with several hundred residential units already under construction and slated for completion by 2025. At full build-out, the project could total over 9 million square feet, including significant amounts of residential space. (See related CP&DR coverage .) Assembly Committee to Focus on Plight of Downtowns San Francisco Assemblymember Matt Haney is convening a special committee of lawmakers to address the struggles facing California's downtown areas, acknowledging the criticism they've received from both within and outside the state. The committee aims to craft laws and strategies to revitalize urban cores that have suffered from issues like homelessness, vacant storefronts and remote work trends exacerbated by the pandemic. The committee will study tax credits to encourage workers to return to office, streamlined permitting for adaptive reuse of offices, promoting nightlife and entertainment zones and events, moving universities into downtown areas and aiding small businesses. While cities like San Francisco and Los Angeles often bear the brunt of negative publicity, Haney emphasizes that many cities across California face similar issues. The committee's membership reflects geographic diversity and includes Assemblymembers from various regions, indicating a broad approach to addressing urban revitalization statewide. (See related CP&DR coverage .) Merced Annexes 650 Acres for Mixed-Use Community adjacent to UC Merced The Merced City Council unanimously approved the annexation of the Virginia Smith Trust land, a 650-acre parcel south of UC Merced, marking a significant step in connecting the university to the city. The land is slated for development into thousands of homes, apartments, retail spaces, parks and transportation routes, aligning with efforts to connect UC Merced to the city limits. Revenue generated from the project will fund scholarships for local Merced County students, fulfilling the wishes of the late Virginia Smith, who established the trust in 1971. The project aims to support higher education and benefit the community by expanding scholarship opportunities. Following the city council's decision, the annexation process will proceed through additional approvals, including consideration by the Local Agency Formation Commission of Merced County, with the goal of completing the project no later than June 2024. (See related CP&DR coverage .) Report: State Must Preserve Existing Affordable Housing In a report released by California Housing Partnership on affordable homes at risk, the organization found the state's housing crisis will get worse if there are no actions taken to protect subsidized affordable housing that already exists. Many homes are at risk of market rate conversion, and 4,789 affordable homes may no longer be deemed affordable by 2024. Another 31,309 affordable homes may no longer be deemed affordable in the next ten years. These homes face expiring regulatory restrictions on government-assisted multifamily developers or property owner decisions to opt out, sell or allow properties to convert to market rate. Sixty-five percent of the 22,078 affordable homes lost between 1997 and 2022 were owned by for-profit entities. The report proposed a three-tiered solution and action plan for state leaders, including the enforcement of the State Preservation Notice Law, an expansion of funding for affordable housing entities to purchase at-risk homes and incentive for homeowners to sell to those entities. The counties with the largest number of at risk homes are Los Angeles with 10,286 at-risk homes, followed by Orange and San Diego. CP&DR Coverage: Courts Rule against Environmental Groups In two appellate cases filed recently - one published and one unpublished - environmentalists and neighborhood activists came out on the short end of the stick. The results highlighted in sharp relief something that is often evident in the course of time: Environmentalists and neighborhood activists may often sue and even reach the appellate courts, but once they get there they usually lose. The more important of the two cases is Planning & Conservation League v. Department of Water Resources - a case about water rights, not land use, but one that touched on important issues under the California Environmental Quality Act, including the project's baseline, illegal segmentation, and cumulative impact. The case attracted virtually all the important water and environmental lawyers in the state - but the state prevailed over the environmentalists on all counts. The unpublished case nvolved a single-family home built in an affluent hillside part of Los Angeles's Westside, which required the removal of three city-protected trees and six stumps that the neighbors perceived as valuable. Quick Hits & Updates A coalition called Solano Together launched with a gathering of over 200 people at the Nelson Center in Suisun City, to oppose Flannery Associates' California Forever sprawl development proposal. Speakers emphasized the importance of preserving open spaces and agricultural lands, expressing concerns about the impact on existing cities and farmers. (See related CP&DR coverage .) San Diego officials introduced updates to the Historic Preservation Program through the Preservation and Progress Initiative, aiming to streamline new home construction while preserving historic sites. The initiative encourages adaptive reuse of buildings and proposes a shift from reactive to proactive preservation strategies, with plans for public engagement and policy updates in the coming months. The North County Transit District (NCTD) and San Diego Association of Governments (SANDAG) secured a $53.9 million grant from the U.S. Department of Transportation to replace the aging San Dieguito River Railway Bridge in Del Mar, addressing the region's concerns about geologic instability and rail infrastructure resilience. This project, part of Phase II of the San Dieguito Bridge Replacement, Double Track and Special Events Platform Project, aims to enhance rail service, increase capacity and improve operational reliability along the Los Angeles-San Diego-San Luis Obispo (LOSSAN) corridor, with additional funding sought from state and federal sources to fully support the endeavor. The Inglewood Transit Connector Project, a $2 billion endeavor aimed at linking the Metro K Line to Inglewood and major venues like SoFi Stadium, Kia Forum and the forthcoming Intuit Dome, has encountered significant delays, pushing its anticipated completion from the original target of the 2028 Summer Olympics to at least 2030. This setback means it will miss key events such as the 2026 FIFA World Cup, the 2026 NBA All-Star Game and Super Bowl LXI in 2027. The federal government recently committed over $1 billion to the project. The Federal Transit Administration's Capital Investment Grant program will cover half of the project's cost, with the city securing an additional $873 million from various sources. The California Department of Housing and Community Development is updating California's fair housing plan, including the Analysis of Impediments (AI) to fair housing choice. As part of this process, HCD is conducting a Community Needs Assessment survey to identify housing, community development, and supportive service needs in the state. The survey will inform resource allocations and program activities, and it will be open until April 1. UC Davis released its California General Plan Database Mapping Tool , using linguistic analysis to study statewide local housing plans, detailing the plans by most recently updated and the population of those areas. The database is designed as a public use tool to search by keyword specifically for plans regarding environmental justice. Results of the search will create maps and tables to sort through the many uses of a word throughout the state. The database has been updated with plans up through last year, with new added housing plans to come. Metro, Measure Up! and the Regional Integration of Intelligent Transportation Systems collected transportation data obtained from smartphones to better understand transportation trends and patterns in Los Angeles County between 2017 and 2019-2020. The data is open to the public to inform policy and research. San Francisco has requested a temporary freeze on an ongoing lawsuit that restricts the city from clearing homeless encampments until the U.S. Supreme Court decides a related case from Grants Pass, Oregon, which challenges city codes criminalizing sleeping or sitting in public places as "cruel and unusual punishment." The lawsuit against San Francisco alleges violations of state and federal laws, city policies and the rights of homeless individuals by clearing encampments without providing adequate shelter and unlawfully seizing their belongings. Research suggests that, of assessed office buildings, approximately 25% could potentially be converted into residential spaces, offering a cost-effective solution for building owners facing vacancies and declining cash flows. With U.S. office vacancies at a 30-year high, adaptive reuse projects are gaining momentum, supported by government initiatives like the recent $350 million pledge from the White House. Factors such as building form and location are key in determining a building's suitability for conversion, with successful projects already underway in cities including Calgary, Philadelphia, Toronto and Baton Rouge. Home values in San Francisco saw a significant decline in 2023, dropping by 5.6%, marking the largest decrease among California's largest cities and continuing a trend of tumbling values. Despite this, San Francisco remained among the cities with the highest home values in the country, with the third-highest typical value in December 2023. Visalia's Minor League Baseball team, the Rawhide, faces potential relocation as Major League Baseball mandates upgrades to Valley Strong Ballpark. The city, having filed a lawsuit against the team, must decide whether to upgrade the stadium or risk losing the Rawhide. Eric Shaw, the director of San Francisco Mayor London Breed's Office of Housing and Community Development, is stepping down from his role. Shaw's successor will face challenges in advancing affordable housing development amid a slowdown in market-rate projects and high costs in San Francisco. The developer remaking Horton Plaza mall in San Diego, has unveiled plans for two residential skyscrapers on the site. The developer is expected to break ground on a 40-story tower with 518 apartments in Q2 2025, with completion in late 2027. A second 40-story tower with 332 apartments is also planned, but its timing will depend on market dynamics. (See related CP&DR coverage .)

When Orange County went through its first wave of suburban growth in the 1950s, developers reveled in endless agricultural land to accommodate all its new houses, shopping centers, offices, and parking lots. Seventy years later that land, like many other areas of coastal California, is built out. Orange County’s cities have to increase density and rely on infill development for new growth. Its two largest cities – Anaheim and Santa Ana – are leading the way with two projects suggesting that a region associated with auto-centric sprawl is headed towards denser, walkable mixed-use development. The upcoming infill projects involve reclaiming areas with large parking lots and using that land for denser projects, typically including multi-story structures. A prime example of this is under development in Anaheim, in an area notable for its ocean of parking lots. Attempts to redevelop land immediately surrounding Angel Stadium, home of the Los Angeles Angels baseball team, fell flat in May 2022, when a scandal related to the city’s sale of the stadium to the Angels was uncovered. The sale was canceled, and former Anaheim Mayor Harry Sidhu resigned and pled guilty to fraud.

Any planner in California who has followed the various sagas of high speed rail knows better than to daydream too much about station-area planning. The state’s north-south system, approved many years ago, is woefully behind schedule and over-budget, much to the dismay of cities in the Central Valley. But, in a different corner of the state excitement is building — possibly with good reason. Last month, Brightline West, a privately developed high-speed rail line connecting Rancho Cucamonga with Las Vegas, received $2.5 billion in private activity bonds from the U.S. Department of Transportation, bringing the $12-billion project one step closer to groundbreaking. All told, the project has received nearly $9 billion in federal loans and grants. Though various versions of Brightline West project have come and gone since 2005, optimism is running high now. The company already opened a line in Florida — connecting South Florida with Orlando — and believes that connecting the Los Angeles area to Las Vegas could, finally, usher in the era of high-speed rail in the United States. Brightly expects to hire 11,000 construction workers in the coming months. And, for Rancho Cucamonga Deputy City Manager Matt Burris, the progress is even more palpable than that. Burris said that, recently, Brightline workers have been taking soil samples in and around the station area. “It was pretty cool to see a drill rig,” said Burris. “That’s serious work. They are moving forward.” If those soil samples give way to a ribbon-cutting on-schedule in 2027 — Brightline wants to operate a the line for a full year in advance of the 2028 Olympics in Los Angeles — the line could transform Rancho Cucamonga, link exurban desert communities to Los Angeles, and boost the economy of the entire Inland Empire. “If those jobs are located in the vicinity of the new transit service, that’s a good thing,” said Rafa Sonnenfeld, policy director for YIMBY Action. “Having more amenities and destination along that transit corridor is what will make that transit corridor successful. There’s a lot of potential for transit-oriented development in those communities with this new spine of Brightline.” In total, the line will run 218 miles, largely within the median of Interstate 15, at speeds to up to 186 miles per hour. The line will briefly travel through the heavily urbanized areas of the western Inland Empire, then go through the Cajon Pass, and travel 185 miles mostly unimpeded through the Mojave Desert. The right-of-way offers distinct advantages: the line will be built in an already developed area, with easy access for construction crews, and it will only minimally disrupt the desert habitat that lines the majority of the route. The company reached an agreement with the California Department of Transportation to develop the Hesperia-Rancho Cucamonga leg in March. “We’ve done maybe the most difficult steps,” said Ben Porritt, Brightline’s senior vice president for corporate affairs. “Step one is securing our land in all of our right of way, an existing corridor that’s already environmentally disturbed.” In 2016, back when Brightline West’s predecessor, DesertXpress (see related CP&DR coverage ), intended to terminate in Victorville, the City of Rancho Cucamonga adopted a progressive specific plan for the area around its Metrolink Station. The city took over an underutilized 160-acre golf course and envisioned medium-density commercial and residential development. Today, the Lewis Group, a prominent Inland Empire developer, is building on the southern end of that plan area, while the northern end remains mostly undeveloped. Brightline is likely to stir interest from developers who want to build out the plan area. “We’re seeing greater interest in some of the underdeveloped properties in the vicinity of the station,” said Burris. Regardless of whether the train arrives, the city believes that this sort of development is appropriate for Rancho Cucamonga no matter what. The city is required to zone for 10,525 additional units according to its 6 th Cycle Regional Housing Needs Allocation. Burris said that it makes sense to concentrate development in a few key areas so that it does not encroach on the city’s vast swaths of single-family neighborhoods. “One of the strategies laid out in the general plan is that we’re going to accommodate the vast majority of our growth in a couple key corridors and nodes,” said Burris. “It really resonated with the community to come up with a land use plan to protect the existing neighborhoods…but provide new amenities and destinations in close proximity to their neighborhood.” “Having mixed use development with a lot of housing near that station is really promising,” said Sonnenfeld. “They’re planning for basically a TOD employment.” While the city welcomes development near the station, other impacts remain uncertain. Brightline estimates that the line could carry 11 million annual trips at full capacity — for a daily average of just over 3,000. Those passengers will have the option of connection to the Rancho Cucamonga terminus via Metrolink commuter rail (which connects to downtown Los Angeles), local bus service, or, of course, private automobiles. The company is building a 5,000-stall parking garage at the station area to handle that demand. The city’s streets could suffer if a disproportionate number of Brightline passengers opt for cars.  “We could see a good bit of traffic,” said Burris. “On the economic benefits side, we could see increased demand for office, professional, and hospitality associated with tourism.” (Currently, an estimated 50 million car trips are currently taken annually between the Los Angeles metro area and southern Nevada, in addition to more than 2 million commercial air passengers between Las Vegas and the region’s four airports.) The company is collaborating with Metrolink and local bus systems to avoid this scenario. Metrolink has pledged to increase frequencies and synchronize its schedule with that of Metrolink. Metrolink and Brightline are also discussing a ticket that would allow for seamless transfers between the systems. “We are moving our model not away from the commuter but beyond the commuter,” said Metrolink CEO Darren Kettle. “More evening trains, more midday trains, trains targeted for trips for different reasons; we’re already going in that direction. I think Brightline will highlight the importance of that effort.” Even so, Burris says that there are many unknowns — and no meaningful precedents. “We’re not exactly sure what the impacts will be,” said Burris. “We haven’t found a good analog for this type of thing in the United States to see how it functions to understand what it means in terms of economic impact or potential benefits. There isn’t an interstate high-speed rail station within a couple miles of an international airport (Ontario) that connects to a commuter rail system for a multimillion-person region.” Burris linked Brightline to a small commercial airport being dropped into a city, with “similar impacts and benefits.” Though Brightline owns, and intends to develop, a large swath of land at its Las Vegas terminus, at the southern end of the Las Vegas Strip, it has expressed no such ambitions in Rancho Cucamonga. “Brightline has not spent a lot of time talking with us about that,” said Burris. “What they shared with us was their focused needed to be on getting their permitting, getting all their agreements in place, getting their funding in place, and getting the line under construction.” Prospects are, arguably, even less certain for its one intermediate station. Brightline’s “Victor Valley” station — to be located in an undeveloped area on the northern end of the City of Apple Valley, and closely adjacent to Hesperia and Victorville — is not likely to generate much ridership on its own. But it’s being designed, in part, to connect, via a spur that is as-yet unplanned and unfunded, with a future Palmdale station on the state high-speed rail line.  “We look at California High Speed Rail as simply a different model to get to the same goal that we have,” said Porritt. “We’ll certainly root for that project and ultimately connect to that project, and we would serve as the east-west and they as the north-south.” In the meantime, passengers will be able to park and catch the train in Apple Valley — both for trip to Las Vegas and to Rancho Cucamonga. As part of its collaboration with the San Bernardino County Transportation Authority, Brightline will welcome passengers who use the train as commuter rail, presumably from less expensive housing in the high desert to the job centers of the Inland Empire — and, possibly, to those of Las Vegas as well. “What I think this project also does is sort of reverses the commute,” said Assistant Town Manager Orlando Acevedo. “Folks will start to look to the Las Vegas metro as another job area to do business or even commute.” Traditional transit-oriented development in Apple Valley is unlikely, especially since the station area is currently bare desert. But Acevedo said that it could direct the city’s growth. “We know it’ll have significant impact on north Apple Valley,” said Acevedo, who noted that the city is only 30% built-out. “The project will extend water, sewer, roads to the site. “Brightline will help extend infrastructure to this area , and that will really open the door and catalyze development opportunities in north Apple Valley.” While housing advocates are often wary of exurbanization, especially in environmentally sensitive areas, Sonnenfeld noted that Apple Valley is supposed to add 4,290 homes according to its RHNA numbers no matter what. “They have a housing shortage and need to grow,” said Sonnenfeld. “The fact that there is already a city there means that that city needs to accommodate the needs of its current and future residents. Whether or not that city should exist in the first place is a philosophical question. But, the reality is, Apple Valley exists.” “We’ve only just begun to scratch the surface of what that means for job creation in the high desert and residential development,” said Acevedo. Contacts & Resources Brightline West: Project Overview Cucamonga Station Area Plan Prior CPD&R Coverage:  Victorville Hopes to Capitalize on Las Vegas Bullet Train , December 4, 2011 Orlando Acevedo , Assistant Town Manager, City of Apple Valley, OAcevedo@applevalley.org Matt Burris , Deputy City Manager, City of Rancho Cucamonga, matt.burris@cityofrc.us Darren Kettle, CEO, Metrolink, https://metrolinktrains.com/news/metrolink-news/ Ben Porritt, Senior Vice President for Corporate affairs, Brightline, ben@gobrightline.com Rafa Sonnenfeld, Policy Director, YIMBY Action, rafa@yimbyaction.org Images courtesy of Brightline West A version of this article appeared in  InTransition Magazine (with sidebar ) in October 2023. 

In a tentative but complicated ruling, a Los Angeles judge has ruled that Redondo Beach effectively denied a controversial beachfront project by not accepting a builder’s remedy application – but said the Coastal Act overrides the builder’s remedy because of the property is not designated for by the city’s Coastal Commission-approved zoning ordinance.

San Jose Seeks to Nullify Builder's Remedy Projects San Jose, aiming to regain control over housing development, has rejected builder's remedy applications filed after June 20, sparking potential legal conflicts over several large residential projects. Mayor Matt Mahan emphasized that builders' remedy is for boosting housing, not downsizing, amidst a controversy affecting 29 projects due to the city's delayed housing element submission. Notably, the downsizing of the Berryessa BART Urban Village project, from 3,450 to 940 units, drew criticism for undermining transit-oriented development. The city argues that its housing plan was compliant since adoption in June, disputing the validity of post-June builders' remedy applications until state approval. Additionally, San Jose questions the application of builders' remedy to projects not aiding housing production goals, potentially intensifying legal battles with developers. Despite the rejection, developers can pursue projects through the regular planning process, but legal disputes loom over the city's stance. Last week, San Jose finally received certification of its housing plan after a year of revisions, securing a blueprint to add 62,200 homes over the next decade. Certification relieves the city of penalties and restores its eligibility for state grants for affordable housing and transit. $2.5 Billion Disneyland Redevelopment Plan Includes Takeover of Anaheim Streets Disneyland plans a $2.5 billion reimagining of its Anaheim resort within its current footprint, requiring taking over some city streets, sparking concerns about increased traffic and insufficient tax revenue for Anaheim. The plan, dubbed DisneylandForward, aims for an enhanced "immersive" experience by integrating attractions, hotels and shops. Disney requests zoning rule relaxation to redesign the resort, including Disneyland and Disney California Adventure Park. However, privatizing some streets and the expansion plan raise concerns about traffic, rent hikes and community displacement among residents. Despite promises of economic benefits, the proposal follows a city corruption scandal, prompting calls for Disney to make more significant commitments to affordable housing. Fullerton Agrees to Adopt Housing Element for 13,209 Homes Attorney General Rob Bonta, in collaboration with the Department of Housing and Community Development, reached an agreement to bring the City of Fullerton into compliance with the state's Housing Element Law. The city will adopt a plan allowing for the development of 13,209 housing units, including 5,187 low- or very low-income units, by November 5, 2024. This agreement, reached through a stipulated judgment, addresses Fullerton's failure to adopt a compliant housing plan for the 2021-2029 period by the statutory deadline of October 15, 2021. Under the agreement, Fullerton will also modernize its zoning code to accommodate affordable housing by December 29, 2024, and comply with the Affirmatively Furthering Fair Housing statute. Failure to comply may result in penalties or loss of authority to approve certain developments. Controversial Light Rail Station Gains Approval in Sacramento Sacramento region leaders approved a new light rail station near a River District public housing complex after initially denying it. County Supervisors Patrick Kennedy and Pat Hume, along with other officials, reversed their votes in a recent Sacramento Regional Transit board meeting, citing new information from staff. The decision came after the California Strategic Growth Council clarified that grant funds could only be used for permanent structures, not for new bus routes as previously proposed. RT secured additional funding, reducing the project cost to about $42 million. Despite some opposition, advocates, including the Sacramento Housing and Redevelopment Authority, emphasized the need for the station to serve residents of the newly finished Mirasol Village. CP&DR Coverage: Sacramento Considers Ways to Regulate Warehouses In recent years, city councils across the Inland Empire--including Colton, Rialto and Riverside—have enacted moratoriums to freeze warehouse development. Others, like Jurupa Valley, have implemented other forms of control that stop short of moratoriums. Now, however, the state legislature is considering wider regional restrictions on warehouse development. Last year, two bills, AB 1748 and AB 1000, would have put the force of state legislation behind this movement. The bills have been supported by environmental justice advocates, who cite the health impacts of diesel trucks on local residents, especially historically disadvantaged minority communities that are clustered in some of the most heavily trafficked areas. Quick Hits & Updates The Fifth National Climate Assessment, published by the federal government, presents dire findings about climate change impacts, including unprecedented temperature increases, frequent wildfires and ongoing drought in the West. Despite the challenges, the report emphasizes the need for action and possibility. The water shortage in the Southwest, including California, is a persistent issue exacerbated by climate change, with reduced snowpack affecting the region's variable water supply. Addressing the problem requires reducing consumption, starting with changes in agriculture. Elected officials are urged to pursue innovative water management strategies in response to the ongoing water crisis. UCLA will receive $200 million from the state to transform the former Westside Pavilion Mall in Los Angeles into a research park focused on immunology and quantum science. The research park, set to be completed in May 2027, will house the California Institute for Immunology and Immunotherapy and the UCLA Center for Quantum Science and Engineering, aiming to position the university and the state at the forefront of these rapidly expanding fields of research. The historic town of Falk, located within the Bureau of Land Management Headwaters Forest Reserve, has been designated as a National Historic Place, recognized for its significance and deserving of preservation. Falk, once a bustling logging and mill town from 1884 to 1937, played a vital role in the region's lumber industry, with infrastructure like a railroad and mill pond supporting its operations and, although the site fell into decline after operations ceased, its historical importance is now highlighted through interpretation and restoration efforts by the BLM Arcata Field Office and Friends of Headwaters. The Los Angeles County Board of Supervisors approved a motion to collaborate with L.A. Metro and the City of Palmdale on establishing a significant bus and passenger rail manufacturing facility in Palmdale, anticipated to bring substantial economic benefits and over 100,000 jobs. The project aims to address industry needs, foster technological advancement, and promote inclusive planning, with plans underway for a 2 million-square-foot manufacturing center at Palmdale Airport. Senator Scott Wiener introduced Senate Bill 969, which aims to create "Entertainment Zones" in California's city centers, allowing bars and restaurants to serve alcohol in public spaces to invigorate downtown areas hit hard by the pandemic. With the goal of boosting foot traffic and supporting local businesses, the bill seeks to emulate the vibrant street life seen at festivals and events, potentially sparking an economic resurgence in cities like San Francisco. Supported by mayors and industry advocates, the initiative aims to draw people back to downtown areas, stimulate business growth, and revitalize communities post-COVID. The Fresno City Council voted to file an injunction to prevent the closure of La Hacienda Mobile Estates mobile home park in northeast Fresno. The decision comes after the council criticized the park owner, Harmony Communities, and may signal a change in the city's approach to the closure of the park. San Diego's new Preservation and Progress initiative seeks to update the Heritage Preservation Program, aiming to streamline home construction processes while protecting historically significant sites. Mayor Todd Gloria emphasized the initiative's goal to prevent misuse of historic preservation to obstruct revitalization and new home construction, promoting a comprehensive review to ensure the protection of architecturally significant structures in San Diego. The Brentwood Planning Commission unanimously recommended against amending the city's housing plan due to concerns about urban sprawl, excessive commuting, and fair housing. Commissioners expressed doubts about the proposed amendments' effectiveness and opted to send the matter back to the City Council for further discussion, along with other topics such as the appointment of a chairperson and vice chairperson for the Planning Commission and approval of a conditional use permit for a commercial building. A judge declined to block San Mateo County from purchasing a hotel in Millbrae for low-priced rental housing, giving a temporary win to Governor Newsom's Project Homekey. However, the judge indicated she would consider Millbrae's argument that the purchase requires voter approval under the state Constitution, potentially posing a challenge to the project's implementation. Brian Kelly, CEO of the California High-Speed Rail Authority since 2018, will resign , intending to stay on during the transition to a new leader. Under his leadership, the agency focused on completing construction segments in the San Joaquin Valley, securing funding, and prioritizing operational readiness. While praised for his contributions, Kelly emphasized the need for a leader with expertise in passenger rail operations as the project transitions towards operations.