Sustainable Development and Land Use Update - 3.22.23 - #4

Allen Matkins
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Proposed California bill would make it harder to build far-flung subdivisions

Bullet San Francisco Chronicle – March 17

A proposed California bill, Assembly Bill 68, would make it harder to build subdivisions in areas prone to fires or flooding. State Assembly Member Chris Ward, who is carrying the bill, said California has enabled an unhealthy pattern of exurban growth for the past 50 years by making it overly complicated to build within existing communities while allowing cities and towns to annex land and permit unchecked development in grassy foothills or along seasonal floodplains. The full text of Ward's bill has not been published yet, but he said it would prohibit cities, towns, and unincorporated counties from upzoning land or streamlining approval to allow denser development in dangerous wildland areas unless the local government can prove that it is unable to construct the same amount of housing in an existing urbanized area, out of harm's way.


News

12 years later, apartment project at center of Bay Area housing battles cleared to move forward

Bullet The Mercury News – March 17

After more than a decade, one of the Bay Area's most contentious housing battles has finally come to a close. Over objections from neighbors who sued to halt a 315-unit apartment project slated for the East Bay suburb of Lafayette, the California Supreme Court last week declined to review a lower court's decision that the development meets state environmental requirements and construction can begin. Pro-housing advocates cheered the move while at the same time highlighting the 12-year fight as an example of the region's challenges in building more desperately needed homes.


Save Livermore Downtown takes Eden Housing case to California Supreme Court

Bullet Pleasanton Weekly – March 17

The debate over the affordable housing development planned for Livermore continues with Save Livermore Downtown's most recent move asking the California Supreme Court to review the appellate court's published decision that affirmed the trial court's judgment in favor of developer Eden Housing and the city of Livermore. The group filed its petition to the court on March 7. In a statement to Livermore Vine, the group said that its petition "addresses important questions of law related to the level of deference courts are to give to cities and counties approving housing projects and the findings that must be made as part of those approvals."


Landslides raise concern, warning for California coastal blufftop living

Bullet East Bay Times – March 20

Much attention in recent years has been on beachfront homes in danger of flooding with big swells and high tides, especially as sea-level rise is expected to exacerbate the threat of the ocean overtaking coastal areas. But this wet winter, the spotlight has shifted to properties atop hillsides made vulnerable by saturation. County, state, and federal agencies have declared official states of emergency, hoping to give some relief to communities, residents, and homeowners. Orange County was added this week, and Los Angeles County had already been included in state and federal responses. The damage, especially as more rain is expected in coming days, has people thinking about the vulnerability and realities of coastal living.


Bay Area cities struggle to balance housing mandates, wildfire risks

Bullet Silicon Valley Voice – March 20

How can cities balance new state guidelines restricting development in high-risk wildfire zones with parallel — and often conflicting — mandates for aggressive housing construction? In vulnerable areas like Orinda, where virtually the entire hillside city is subject to high fire risk, many local leaders say they are doing the best they can. But critics who think they are not doing enough to keep the city safe have reached out to the California Superior Court to weigh in on the conflict. In January, the Orinda City Council adopted a roadmap to meet the California Department of Housing and Community Development's mandate to build 1,359 new units of housing by 2031. A community group is concerned that the city's environmental plan failed to adequately analyze how much the proposed housing plan may hinder the ability of current and future residents to evacuate during a wildfire.


Santa Clara County swaps land to build teacher housing

Bullet SFGate – March 17

Santa Clara County teachers could have a chance to live where they work as county officials take the first step in creating new housing for educators. The Santa Clara County Board of Supervisors voted this week without discussion to secure approximately five acres at 10333 N. Wolfe Road in Cupertino to construct affordable housing for educators. California's expensive housing market has resulted in an exodus of teachers and students, contributing to declining enrollment across Santa Clara County school districts.

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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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