Senate Bill 35 – the 2017 measure authored by state Sen. Scott Weiner, D-San Francisco, that was billed as the most far-reaching response to California’s housing crisis – could be about to get its first major test in Silicon Valley, the region with the state’s most severe problem with extreme housing costs.

Under the law, cities that have failed to build enough housing to honor their obligations under state law to respond to public needs must approve properly zoned housing projects that meet certain conditions, such as having 10 percent “affordable housing” units and paying union-scale construction wages. State housing officials reported in February that nearly 98 percent of cities would be affected in some ways by SB35’s requirement that housing be fast-tracked.

Weiner’s bill was hailed by many activists, housing experts and think tanks as a potential “game changer” that could address California’s emergence as the state with the nation’s highest effective poverty rate because of the high cost of shelter. But many local elected officials have reacted with anger and dismay to their apparent loss of control over construction permitting, with a Brown administration housing official taking withering fire at a meeting with city leaders in San Diego County in early March.

Now the question of how much say local authorities still have over housing in the SB35 era is about to be addressed in Cupertino.

Voters rejected 800 housing units; now far more may be built

Last Tuesday, officials with the Sand Hill Property Co. announced that they will seek to use provisions of Weiner’s law to compel Cupertino officials to allow their company to build more than 2,400 homes on a lot that now holds the Vallco Mall. Opened in 1976, the mall – shown above in a 2017 photo – was once a vibrant commercial hub, with nearly 200 tenants. Now it has fewer than a half-dozen.

Sand Hill had proposed a multi-use project at the mall site, but Cupertino voters in 2016 rejected the plan out of fears that its housing component of up to 800 units would strain local schools and roads. Now the company wants far more housing, especially less expensive options. Its plan calls for about 1,200 of the proposed residential units to be “affordable housing” – meaning they would be set aside for families making about $85,000 or less a year. A San Jose Mercury-News analysis said this single project “would increase Cupertino’s affordable housing stock fivefold.”

“It has now gotten to a point where we do not have any confidence that this process can come to a conclusion in a timely manner,” Reed Moulds, managing director of Sand Hill, told the Mercury-News. “This housing crisis needs to be resolved in a manner that actually provides near-term solutions, and sites like this have an opportunity to do a lot of good for the housing situation.”

The project also would include 2.2 million square feet of office and retail space.

But SB35 or not, local activists are gearing up to try to persuade Sand Hill to sharply downsize the project. The Better Cupertino group has fought development of the Vallco Mall site for years. Its website bristles at attempts to limit local control of planning and even challenges the widely held view that suburban malls such as Vallco are doomed, given the steady growth in online shopping.

But the tone, at least, of city officials seems to reflect an assumption that times have changed. Cupertino Councilman Barry Chang told the Mercury-News that he didn’t see how his city could reject the application, at least if it met the standards set out by SB35.

Cupertino, home to Apple’s headquarters, has a median home price of $2.3 million as of late February, according to data from the Zillow real-estate information company. Zillow said home values have soared by more than 25 percent in the last year alone. The Rent Jungle website said that as of February, the average monthly rent of an apartment in Cupertino was $3,114.

But old assumptions that Brown’s main foes would be environmentalists and trial lawyers have been undercut repeatedly in recent weeks. Instead, perhaps his most formidable obstacles to making the Golden State more hospitable to new construction are local officials eager to maintain control over what their communities look like. Across California, they’re preparing or considering ordinances that require local voter approval of projects of a certain size or density or otherwise put hard limits on certain types of development — measures that would block key provisions of Brown’s plan.

A recent Voice of San Diego article noted such efforts in Del Mar, Costa Mesa, Los Angeles, Santa Monica, El Dorado County, Cupertino and Gilroy. Among the requirements that those communities may impose: requiring voter approval of most new construction higher than two stories and creating zones in which any construction required ballot OKs.

NIMBYism popular in many communities

Critics claim this would worsen the California housing crisis, not help it. But in city after city, officials say they are responding to local sentiment.

This gets to a key weakness of Brown’s strategy: While there is a growing understanding that the best way to relieve California’s housing crisis is by adding more stock, people are often only enthusiastic about the idea in the abstract. When it comes to one’s own community, enthusiasm usually wanes as part of a “not-in-my-backyard” attitude.

A classic example of this NIMBYism is now playing out in Millbrae, just south of San Francisco, in the region with the highest housing costs in California. A proposal to build 300-plus homes with office buildings and retail space next to a Bay Area Rapid Transit station — a prototypical “smart growth” project — is facing growing opposition.

The project would be on 116 acres already owned by BART. It complies with local housing policies and comes after years of complaints from area residents that their children can’t afford to live near them.

But at a July 12 City Council meeting, residents jammed the chambers to warn the project would worsen crime and traffic and harm quality of life. According to a local newspaper account, one resident even said the BART effort amounted to a criminal enterprise — “like the Wild West for outlaws to come and take stuff.”

Former San Francisco mayor touts status quo

That same day, the San Francisco Chronicle printed an op-ed by former Mayor Art Agnos blasting Brown’s housing proposal and offering a defense of the status quo of strong regulation. Agnos challenged the idea that adding more housing stock is the best way to bring down housing costs and said “rent stabilization” — i.e., rent control — should be an option for every city.

Agnos also called for more government funding for affordable housing programs that critics say amount to lottery programs which only help a relative handful of families.

From 1993-2001, Agnos was the western regional director for the U.S. Department of Housing and Urban Development. On his personal website, he depicts his efforts to help poor people find housing in San Francisco with government subsidies as a rousing success story.

Agnos doesn’t mention this claim in the Chronicle op-ed.

But I gave up on my iPhone 4 when I saw that Google's subsidized, much bigger Nexus 4 phone had virtually the same feature set plus a powerful, free WiFi hotspot function that I could use with my Nexus 7 tablet and my Macbook anywhere (including in a moving car). The iPhone 5 seemed to me to reflect a stupid denial on the part of Apple that people wanted bigger screens than 4 inches.

So when the iPhone 5S and 5C came out this month with the same screen size and Apple's stock price fell and initial MSM critics carped at the Silicon Valley giant's alleged lack of innovation, I was inclined to see that as vindication of my iPhone 4 indifference. But more sophisticated tech bloggers make a compelling case that these critics are myopic — they just don't get the future of the smartphone.

iPhone 5S: forerunner for smartphone as wallet

To put it simply, the iPhone 5S's fingerprint scan is a crucial security step toward turning smartphones into convenient, functional, safe wallets.

The 9 to 5 Mac/Apple Intelligence website lays out the strategy and potential next steps here.

The addition of a 64-bit CPU to the iPhone 5S was derided as “overkill” by some tech observers who didn't see the point of adding so much computing power to a smartphone.

Once again, to put it simply, this foreshadows a day where your smartphone or your phablet is your primary computer — for home or both home and work. You put it on the desk, start using a keyboard and monitor that automatically synch with your iPhone, you access some files from your phone's ever-more-powerful CPU and/or from the Cloud, and you're all set.