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Recently Effective & Pending State Housing Laws - 2024 Land Use, Environmental & Natural Resources Update

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the legislation...more

Sustainable Development and Land Use Update 4.04.24

Two bills proposed to modify the Builder’s Remedy are currently making their way through the State Legislature. As currently proposed, AB 1893 (Wicks) would (i) reduce the required percentage of (lower income) affordable...more

Sustainable Development and Land Use Update 3.28.24

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Pending AB 2011 Amendments Hold Promise For Housing Developers

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Sustainable Development and Land Use Update 3.19.24

The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot...more

Developer Prevails in Builder's Remedy Lawsuit

The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot...more

Proposed CEQA and Tax Exemptions for Projects in Downtown San Francisco

Senate Bill (SB) 1227, introduced by Senator Scott Wiener on February 15, 2024, would help speed the recovery of downtown San Francisco by creating a new CEQA exemption for qualifying commercial, institutional, student...more

Sustainable Development and Land Use Update 2.29.24

The developer behind a proposed 259-unit housing project on Del Mar’s North Bluff is suing the city after more than a year of tense communications, alleging that the city’s repeated rejection of the project application...more

Sustainable Development and Land Use Update 2.22.24

The city of Berkeley will pay $4 million in connection with its mishandling of an application to build 260 housing units on the old Spenger's parking lot. Alameda County Superior Court Judge Frank Roesch fined Berkeley $2.6...more

Sustainable Development and Land Use Update 2.06.24

San Francisco’s state-mandated plan to raise building height limits to encourage housing production along transit corridors from the Sunset to the Richmond to the Marina came under criticism at the Planning Commission’s...more

Sustainable Development and Land Use Update 1.30.24

Fullerton leaders have reached a settlement with the state over the city’s housing element. When looking at how much housing is needed in the state to meet the growing population, Fullerton’s Regional Housing Needs Allocation...more

Sustainable Development and Land Use Update 1.19.24

Last February, two pro-housing groups sued a dozen Bay Area jurisdictions, including Cupertino, over their failure to meet the January 31, 2023, state deadline for housing elements detailing how they plan to approach...more

Sustainable Development and Land Use Update 1.05.24

We previously published a legal alert on October 12, 2023, about the extensive housing package that Governor Gavin Newsom signed on October 11, 2023, consisting of 56 bills to help address California’s decades-in-the-making...more

Sustainable Development and Land Use Update 11.15.23

Los Angeles Mayor Karen Bass last Wednesday announced a new executive order to reduce permitting time for housing by 25-30%, a move that could significantly expand housing production....more

Sustainable Development and Land Use Update 10.27.23

After more than two years of resistance, the city of Coronado, a wealthy island city in San Diego County, has agreed to follow state housing law by setting aside more land for development, Governor Gavin Newsom and Attorney...more

Sustainable Development and Land Use Update 9.20.23

With the state facing a severe housing crisis, Governor Gavin Newsom signed a bill into law that will make it easier for universities and other housing developers to build housing and overcome lawsuits from local residents...more

Sustainable Development and Land Use Update 9.08.23

The California Coastal Commission approved a landmark settlement Wednesday with San Diego’s Paradise Point resort aimed at remedying years of Coastal Act violations that have long inhibited public access to the waterfront on...more

Sustainable Development and Land Use Update - 5.22.23

As we reported in our prior legal alert, these important new state housing laws will allow for the streamlined approval of qualifying housing development projects on properties where retail, office and/or parking are...more

Sustainable Development and Land Use Update - 4.13.23 #2

Housing advocates touted the “Builder’s Remedy” as a clever way to circumvent NIMBY politics and get more housing built. But in the two months since the law has been available to Bay Area developers, few have submitted...more

Sustainable Development and Land Use Update - 3.08.23 - #2

A measure known as the “Builder’s Remedy” added to the state’s Housing Accountability Act in 1990 has suddenly become the focus of developers looking to bypass typical zoning rules and build high-rise apartment projects....more

Sustainable Development and Land Use Update -1.25.23 #3

The U.S. Department of Housing and Urban Development (HUD) has filed a proposal for a new rule to push local communities to take steps to address housing segregation. HUD said in a release that the rule, announced last...more

Sustainable Development and Land Use Update - November 2022 #3

Rent control expands as tenants struggle with the record-high cost of housing - NPR – November 28 - In November, voters in Florida, Maine, and California approved ballot measures to impose or tighten caps on rent hikes....more

Sustainable Development and Land Use Update - November 2022

A developer's guide to the Builder's Remedy - Allen Matkins – November 4 - The so-called "Builder's Remedy" under the Housing Accountability Act (HAA) is disciplinary and applies when a local jurisdiction has not adopted a...more

A Developer’s Guide to the Builder’s Remedy

The so-called “Builder’s Remedy” under the Housing Accountability Act (HAA) is punitive and applies when a local jurisdiction has not adopted a revised Housing Element in compliance with state law, in which case the local...more

Sustainable Development and Land Use Update - October 2022 #4

San Francisco Board of Supervisors approves new fourplex law - San Francisco Chronicle – October 17 - For the second time this year, San Francisco supervisors have passed legislation allowing fourplexes to be built in every...more

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