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"Builder's Remedy": Bay Area Will Soon Face a Powerful Housing Tool

As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing...more

SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects

California Senate Bill (SB) 10, which Gov. Gavin Newsom signed into law on Sept. 16, 2021, and will take effect on Jan. 1, 2022, provides that local agencies may adopt an ordinance to allow up to 10 dwelling units on any...more

California Gov. Signs Landmark Duplex and Lot-Split Legislation into Law

California Gov. Gavin Newsom, on Sept. 16, 2021, signed into law Senate Bill (SB) 9, a landmark law that would allow for the ministerial approval of certain housing development projects containing up to two dwelling units...more

Environmental Leadership Development Project (ELDP) Eligibility Criteria: A Checklist

As previously reported, California Senate Bill (SB) 7, the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, was signed into law by Gov. Gavin Newsom on May 20, 2021, and became effective...more

SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects

Signed into law by California Gov. Gavin Newsom on May 20, 2021, and taking immediate effect as an "urgency statute," Senate Bill (SB) 7 revives and expands the previously enacted Environmental Leadership Development Project...more

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

California Has New Pathway for Residential Use of Vacant Ground Floor Retail/Commercial Space - State Housing Law Allows "By...

For mixed-use multifamily/commercial buildings, ground floor retail is often sought by urban and city planners to serve the residential uses above and in the surrounding neighborhood, while endeavoring to activate the street...more

California Has New Pathway for Residential Use of Vacant Ground Floor Retail/Commercial Space

For mixed-use multifamily/commercial buildings, ground floor retail is often sought by urban and city planners to serve the residential uses above and in the surrounding neighborhood, while endeavoring to activate the street...more

The Ever-Expanding Reach of Rent Control in California

As if owners of single-family homes and condominiums did not have enough to worry about in the current pandemic environment, in Owens v. City of Oakland Housing, Residential Rent and Relocation Board (Owens) (filed May 29,...more

Important Considerations to Avoid Planning and Environmental Review Challenges to Co-Living Developments

Pre-COVID 19, California's high cost of living and acute housing shortage made co-living developments particularly popular, especially with young professionals. In co-living developments, an occupant typically has his or her...more

California Rules of Court Amendments Lead to Requests for Clarification Regarding CEQA Lawsuits

In response to the COVID-19 pandemic, the California Judicial Council on April 6, 2020, introduced amendments to the California Rules of Court, which are effective immediately and impact a broad suite of criminal and civil...more

With Southern California Needing 1.3 Million Homes, State Attempts to Add Teeth to Housing Law

The California Department of Housing and Community Development (HCD) issued its Regional Housing Needs Assessment (RHNA) Determination to the Southern California Association of Governments (SCAG) on Aug. 22, 2019, concluding...more

Clearing the Smoke: California Supreme Court Expands Scope of Activities Subject to CEQA Review

The California Supreme Court in Union of Medical Marijuana Patients v. City of San Diego (Medical Marijuana) cut through the hazy smoke that sometimes obscures whether an activity would be subject to environmental review...more

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