Focus
Project applicants can now pay for expedited federal environmental review under NEPA
Allen Matkins – July 16
The budget reconciliation bill signed into law on July 4 (also known as the “One Big Beautiful Bill”) adds a new provision to the National Environmental Policy Act (NEPA) that allows project sponsors/applicants to pay for expedited completion of an environmental review document. This is the latest in a recent spate of congressional and executive branch actions intended to speed up the environmental review process under NEPA, which requires federal agencies to analyze environmental impacts of projects that they carry out (including private projects that require federal agency approval or receive federal funding).
News
Despite changes, critics remain unswayed by housing bill SB 79
Palo Alto Online – July 28
A contentious state bill to encourage denser housing near public transit has been revised to give local governments more control over where that housing is built in an effort to appease skeptics who are concerned about overrides to local zoning. Senate Bill 79 has faced intense criticism from certain municipalities including Palo Alto, whose officials liken it to a state takeover of local zoning initiatives — especially after cities just finished planning for additional housing with the 2023-2031 Housing Element. To address these concerns, amendments approved in a state Assembly committee in July give cities even more flexibility by allowing them to exempt certain lots from SB 79 that have already been upzoned.
San Diego’s new ADU cap is official. But don’t expect it to stop projects already in the pipeline.
The San Diego Union-Tribune – July 23
San Diego leaders on July 23 finalized a new city cap on the number of backyard apartments on single-family lots — but officials said several large proposed projects already in the approval pipeline will be hard to block. The new cap is a long-awaited response to many months of neighborhood complaints that outlier backyard apartment projects with dozens of units are damaging community character and creating other problems. In addition to the cap, the rollback forces developers to pay infrastructure fees, mandates parking spaces for ADUs that aren’t near transit, and requires ADUs to be built farther away from property lines.
San Luis Obispo County considers incentives for developers who build more affordable homes
The Tribune – July 29
On July 24, the San Luis Obispo County Planning Commission voted to approve a measure amending the Inland Land Use Ordinance. The proposal, which would establish a Regional Housing Incentive Program that supports affordable housing production among other changes, will now go to the county Board of Supervisors for review.
Milpitas City Council to decide on sweeping zoning code rehaul in August
East Bay Times – July 23
For the first time in nearly two decades, Milpitas will consider a sweeping rehaul of its zoning laws — a move that may allow more housing to be added and streamline the permit process. The Comprehensive Zoning Ordinance Update, which the Milpitas City Council will consider on August 12, aims to clarify and modernize a zoning code that has not been significantly updated since 2008, according to the city. Many of changes have been spurred by changes in state laws and by the city’s general plan — the planning document adopted in 2021 that outlines the city’s long-term vision for its growth and development.
Lawmakers push to map groundwater before it swamps infrastructure
KQED – July 29
A Bay Area representative and other federal lawmakers are mounting a push for action on groundwater rise, which they warned will worsen flooding across the U.S. in the decades to come, with the potential to damage critical infrastructure, harm freshwater supplies and spread toxic chemicals into communities. The legislation would set aside $5 million over the next year for the U.S. Geological Survey to study and map groundwater rise nationally through 2100. The agency would also need to identify priority areas that are at increased risk of flooding.
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