Focus
Breakthrough on California housing could put taller buildings in single-family neighborhoods
CalMatters – September 5
Senate Bill 79, a controversial housing bill that would pave the way for more apartment buildings near major bus stops and train and subway stations across urban California, is one step closer to becoming law after its author, Senator Scott Wiener, struck a last-minute deal with a long-time political foe, one of the state’s most powerful labor groups. The State Building and Construction Trades Council, which represents union construction workers, agreed to drop its opposition to Senate Bill 79 in exchange for an amendment that would require some of the projects that make use of the bill to hire union workers. SB 79 still needs to be voted on by the entire Assembly and then once again by the Senate before the end-of-session Sept. 12 legislative deadline.
News
Commission grants Quino checkerspot butterfly “candidate” species protections under the California Endangered Species Act
Allen Matkins – September 9
At its August 13-14 meeting, the California Fish and Game Commission (the Commission) unanimously determined that a petition to list the Quino checkerspot butterfly (Euphydryas editha quino) (QCB) as endangered throughout its range in California provides sufficient scientific information to indicate that the petitioned action may be warranted, thereby officially granting the QCB “candidate” species status under the California Endangered Species Act (CESA). The candidacy designation temporarily affords the QCB broad CESA protections (including prohibitions against “take” without permit authorization) throughout California over the next 12-18 months while the California Department of Fish and Wildlife conducts a species status review to confirm whether listing is warranted and to recommend management and recovery actions.
Norwalk agrees to repeal law that banned homeless shelters, AG says
Los Angeles Times – September 5
The city of Norwalk will repeal a local law passed last year that banned homeless shelters as part of a settlement that will end a state lawsuit, Attorney General Rob Bonta announced on September 5. Last fall, the state sued the southeastern Los Angeles County community alleging that Norwalk’s policy violated anti-discrimination, fair housing, and numerous other state laws. Norwalk leaders had argued its shelter ban, which also blocked homeless housing developments, laundromats, payday lenders, and other businesses that predominantly served low-income individuals, was a necessary response to broken promises from other agencies to assist with the city’s homeless population.
California reaches agreement with Artesia over housing law violations
KTLA – September 9
The city of Artesia has reached an agreement with California officials that will bring it into compliance with the state’s Housing Element Law. In 2023, the Department of Housing and Community Development found the Los Angeles County city to be out of compliance, according to California Attorney General Rob Bonta’s office. As part of the agreement, which still requires court approval, Artesia must acknowledge that the Builder’s Remedy is in effect until the city has an updated housing element deemed to be in substantial compliance and must process those development permit applications accordingly.
For more information on recent amendments to the Builder's Remedy, please see our latest alert.
Santa Clara County proposes major overhaul of rural, agricultural zoning rules
Morgan Hill Times – September 2
Santa Clara County is considering sweeping changes to its rural zoning ordinances that would impose new building limits and require mitigation when farmland is converted to non-agricultural uses. If approved by county supervisors, the new rules could significantly affect wineries and other agricultural operations that conduct a variety of on-site business. The proposed Rural Zoning Amendments, presented to the Planning Commission on August 28, would establish a maximum building coverage parameter for non-agricultural uses across all four rural zoning districts in Santa Clara County.
California adds new disclosure rules for people selling homes in fire-prone areas
San Francisco Chronicle – September 9
Californians selling homes in a wildfire-prone area must now tell buyers what they’ve done to protect their property from blazes. The new rule, which went into effect this summer and was first reported by Bloomberg, also requires those sellers to provide buyers a list of “low-cost” measures they can take to mitigate their wildfire risk. The requirement applies only to homes built before 2010, a couple of years after the state implemented its wildfire building code. The rule is a provision of Assembly Bill 38, a 2019 California law that proponents said would encourage homeowners to retrofit their properties against wildfires.
San Francisco enlists Bayview community in drafting flood prevention plan
San Francisco Examiner – September 4
Bayview residents, who have long said they feel overlooked by City Hall, will get a chance later this month to weigh in on proposals to mitigate the threat rising sea levels pose to the San Francisco neighborhood. The project is one of several climate-related resilience projects the city is working on. The Port of San Francisco, for example, is leading a massive $13.5 billion effort to strengthen the Embarcadero seawall and elevate portions of the area along the city’s northeast shoreline by several feet.
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