Focus
California city sued over ‘unlawful ban on new housing’
SiliconValley – November 5
California Attorney General Rob Bonta on Monday announced that the state has filed a lawsuit against the city of Norwalk over its passage of an ordinance that blocks new homeless shelters and other housing projects. The lawsuit alleges that Norwalk violated California’s urgency ordinance statute, the Housing Crisis Act, the Housing Element Law, the Anti-Discrimination in Land Use Law, the Affirmatively Furthering Fair Housing Law, and the by-right laws for supportive housing and emergency shelters. In August, Norwalk City Council approved a moratorium on land uses that included emergency shelters and supportive housing. The city extended the moratorium for an additional 10 months in September.
News
San Jose program could cut red-tape stifling major development projects downtown
The Mercury News – November 4
In an effort to spur development downtown, San Jose officials are proposing streamlining the approval process for major innovative projects even though they may not completely conform to city regulations. Instead of watching potential projects fall to the wayside because of onerous zoning rules and development regulations, the city wants to create a path for developers to pitch feasible projects so long as they provide “an extraordinary benefit” to the city, such as a major investment, meeting climate goals, or bolstering housing production. While the city still needs to approve the program and develop the evaluation criteria, business and labor groups have called the proposal a step in the right direction.
Ninth Circuit sides with California in housing mandate fight with Huntington Beach
Courthouse News Service – October 30
A Ninth Circuit panel has sided with the state of California in its legal battle with the city of Huntington Beach over laws that force it to build more housing. Last year, a federal judge found that the city and its officials lacked standing to bring the complaint. A Ninth Circuit three-judge panel agreed that charter cities are subordinate political bodies, citing previous case law that “forbids political subdivisions and their officials from challenging the constitutionality of state statutes in federal court.” In a phone interview, Huntington Beach City Attorney Michael Gates called the decision “a misapprehension or misapplication of the law,” which he said was a basis for en banc review, which the city will ask for. If that fails, he said, the city will ask the U.S. Supreme Court to intervene.
California reaches agreement with La Habra Heights on state housing law
NBC Los Angeles – November 1
La Habra Heights and the state of California have come to an agreement after the city was found to have violated state housing laws, Governor Gavin Newsom’s office announced last Friday. Under their agreement, the city must submit a plan to the Department of Housing and Community Development, demonstrating how the city will use the land, no later than July 7, 2025. La Habra Heights will be required to create 244 housing units with at least 164 of the homes being affordable to low or very-low-income households.
State labels S.F. as a pro-housing city, one year after criticizing city’s slow housing progress
San Francisco Chronicle – October 25
A year to the day after releasing a scathing review of San Francisco’s housing approval process, state officials have designated the city as pro-housing. In its application, San Francisco highlighted numerous changes to the city land use policies, according to Mayor London Breed. Those include “priority permitting processing” for 100% affordable projects and local density bonus projects; eliminating parking requirements; streamlining entitlements and eliminating hearings for residential projects; and establishing a “one-stop” permitting center where permits are coordinated across different departments.
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