Sustainable Development and Land Use Update 4.25.24

Allen Matkins
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High-speed rail system from Las Vegas to Southern California breaks ground

Bullet CNBC – April 22

Officials broke ground Monday on a new high-speed rail system that will connect Southern California and Las Vegas. The Brightline West system will average speeds of about 115 miles per hour and reach a top speed of around 200 mph, comparable to other high-speed systems around the world. The Brightline West system, touted as the “first true high-speed rail system” in the U.S., will run across a 218-mile route between Las Vegas and three California stops including Rancho Cucamonga, about 40 miles east of Los Angeles. Brightline West aims to be operational in 2028, when Los Angeles hosts the Summer Olympics.


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Proposed ordinance could limit redevelopment of RSO units in Northeast L.A.

Bullet Urbanize Los Angeles – April 22

Faced with the task of rezoning for more than 250,000 new homes under its approved housing element, the City of Los Angeles has streamlined the approval of affordable housing developments and rolled out new ordinances which could ease the conversion of vacant commercial buildings into apartments. But as new projects encroach into working class neighborhoods filled with rent-stabilized apartments, a member of the L.A. City Council is looking to pump the breaks on certain developments in her district. Councilmember Hernandez proposes the adoption of an interim control ordinance which would create a new discretionary approval process for developments on sites which are currently improved with rent stabilized apartments, or were vacated via the Ellis Act within the past five years. “The possibility of eliminating RSO units due to permit and clearance streamlining efforts significantly impacts the housing stability of vulnerable communities," reads the motion introduced by Hernandez.


Nonprofit accuses the City of Orange of using unrealistic parcels in its housing element

Bullet The Orange County Register – April 23

A pro-housing group is challenging the state-approved housing element update filed by the City of Orange, saying the housing element fails to show how more than 3,000 needed homes will get built. “The city’s housing element relies on non-vacant sites to satisfy over 50% of the city’s lower-income (housing goals),” the lawsuit said. “The city did not (provide) substantial evidence that (the existing) uses are likely to be discontinued.” The litigation comes as the city is dealing with four “Builder’s Remedy” applications seeking construction of 696 new homes on non-residential sites in the city. The lawsuit, filed in Orange County Superior Court, seeks a court order forcing Orange to revise its housing element.

As discussed in our prior alert, the so-called “Builder’s Remedy” under the Housing Accountability Act (HAA) is disciplinary and applies when a local jurisdiction has not adopted a revised housing element in compliance with state law, in which case the local jurisdiction cannot deny a qualifying housing development project even if it is inconsistent with the general plan and zoning ordinance (subject to limited exceptions).


More farmworker housing, high-density zones added to San Mateo County housing plan

Bullet Silicon Valley Voice – April 24

In a letter dated April 2023 from the state Department of Housing and Community Development (HCD), San Mateo County was informed it needs to revise its housing element to address housing access among disadvantaged groups, as well as to tackle water and sewage supply issues, among other concerns. The county’s housing element update is already more than a year overdue. Not having a certified housing element means that a city could be subject to consequences like the Builder’s Remedy, which allows developers to ignore a city’s zoning rules as long as 20% of the units are set aside as affordable.

As discussed in our prior alert, two bills proposed to modify the Builder's Remedy under the HAA are currently making their way through the State Legislature. As currently proposed, AB 1893 (Wicks) would (i) reduce the required percentage of affordable units for mixed-income Builder’s Remedy projects from 20% lower income to 10% very low income; (ii) impose new size and location guardrails on Builder’s Remedy projects; and (iii) authorize local jurisdictions to require compliance with other specified objective development standards so long as they do not reduce the “allowed” project density or result in an increase in “actual costs.” As currently proposed, AB 1886 (Alvarez) would clarify the necessary conditions for a housing element to be deemed “substantially compliant” with State Housing Element Law.


California launches unprecedented targets to achieve carbon neutrality by 2045

Bullet The Hill – April 22

California on Monday released a first-of-its-kind plan to harness more than half of the state’s land to decrease carbon emissions. Over the next two decades, the state will work to accomplish 81 nature-based goals that serve to help achieve California’s target of achieving carbon neutrality by 2045. Chief among the specific goals is the management of 33.5 million acres to reduce wildfire risk, mostly through beneficial fire, such as prescribed or cultural burnings.


Mojave desert tortoise named a California endangered species

Bullet Victorville Daily Press – April 22

Following more than three decades of declining numbers, the Mojave desert tortoise has been officially declared an endangered species in California. The California Fish and Game Commission voted unanimously to “uplist” the shell dweller from its previous status of “threatened” under the California Endangered Species Act last Thursday.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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