Focus
SB 684 and SB 1123 expedite the entitlement path for small "starter" home developments
Allen Matkins – November 21
SB 684, which took effect on July 1 of this year, provides for streamlined, ministerial processing of certain residential projects in multifamily zoning districts consisting of no more than 10 single-family homes. The law expanded the Starter Home Revitalization Act to further facilitate the construction of smaller, more naturally affordable "starter" homes. SB 1123, passed during the most recent legislative cycle and effective July 1, 2025, expands SB 684's reach to legalize construction of up to 10 homes on vacant lots in single-family zoning districts, as well. To expedite streamlining efforts, SB 684 and SB 1123 projects are exempt from discretionary review, environmental review under the California Environmental Quality Act (CEQA), and the right to appeal. Please see our recent alert for a discussion of SB 684's streamlining incentives, associated siting requirements, and development specifications, as well as how SB 1123 will expand the law's applicability to allow for more housing development on previously restricted land.
News
Homes vs. beaches: Court makes key decision in battle over California seawall construction amid ocean rise
MSN/SiliconValley – December 1
In a case that could affect thousands of property owners and beaches along California's coastline, a state appeals court has indicated it will uphold rules limiting the construction of sea walls along the coast. The case, centered on the California Coastal Commission's decision to deny a sea wall for 10 vulnerable townhouses near Half Moon Bay, is playing out at the First District Court of Appeal in San Francisco. In late October, the appeals court issued a tentative opinion agreeing with the Coastal Commission that buildings constructed after Jan. 1, 1977, are not entitled to obtain permits to build sea walls. The appellate court will issue its final opinion at a Dec. 11 hearing.
San Diego takes key step toward preserving thousands of low-rent apartments
The San Diego Union-Tribune – November 21
Thousands of low-rent San Diego apartments would be less vulnerable to getting torn down under a proposed city law that received unanimous approval in late November from a key city committee. The long-awaited law, which would be the first legislation passed by the city focused on preserving subsidized housing, now heads to the full City Council for final approval. The law would force the owners of apartment buildings with subsidized units for low-income and moderate-income residents to notify the city and housing developers if they decide to sell their project. Developers approved by the city would get the right to make a first offer on a project. And if the owner chooses a different buyer, city-approved developers would get a chance to outbid that buyer.
Joshua trees are in peril. California has a plan to save them
Associated Press – November 29
The California Department of Fish and Wildlife has released a new plan to protect the state's iconic Joshua trees, which are imperiled by wildfires, human development, and climate change. The 294-page draft plan includes calls for avoiding or minimizing direct and indirect impacts from overgrazing, pesticide use and unauthorized off-roading; relocating trees when projects require their removal or could harm them; and identifying and protecting lands where they could thrive in a future projected to be drier and hotter. The draft plan will have to be approved by the California Fish and Game Commission.
Graton Rancheria files lawsuit that would halt huge Bay Area casino project
SFGate – December 3
The high-stakes fight over a Bay Area casino is escalating as two federally recognized tribes dispute who has claim over the land. In a lawsuit filed last week, attorneys for the Federated Indians of Graton Rancheria allege the Koi Nation's proposed Sonoma County casino will "irreparably harm" Graton Rancheria’s "tribal sovereignty, its rights over Southern Pomo ancestors and sacred objects" on the construction site. From the start, the Shiloh Resort and Casino proposal has been controversial.
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