Sustainable Development and Land Use Update - 3.29.23

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S.F. has a new plan to add housing downtown and revitalize Union Square

Bullet San Francisco Chronicle – March 27

San Francisco leaders have a new plan to make it easier for developers to convert office buildings to housing downtown and in swaths of SoMa and Union Square. Mayor London Breed and Board of Supervisors President Aaron Peskin are advancing legislation to improve the feasibility of such conversions pursuant to exemptions from specified development standards (e.g., usable open space requirements), additional permitted uses (e.g. “flexible workspace”), and alternate paths to building and fire code compliance. The legislation would also loosen rules around Union Square to help the struggling district be less reliant on big retail stores.


News

Judge denies Huntington Beach's request to block enforcement of state housing laws

Bullet CBS Los Angeles – March 22

The ongoing affordable housing fight between the state and Huntington Beach got some intervention this week from a federal judge in Huntington Beach v. Newsom, which denies Huntington Beach's request to temporarily block enforcement of state housing laws. Earlier this month, Attorney General Bonta, Governor Gavin Newsom, and the California Department of Housing and Community Development filed a lawsuit against the City of Huntington Beach for violating state housing laws. The lawsuit followed a decision by the Huntington Beach City Council declining to ban the processing of applications for SB 9 projects and Accessory Dwelling Units, or granny flats, in violation of multiple state housing laws.


Santa Monica uses innovative water recycling facility to capture and store rainwater

Bullet Santa Monica Mirror – March 23

Santa Monica has been using a pioneering water recycling facility since November to capture rain and store it underground for future use. As Southern California has been experiencing seemingly constant rainfall, the city has been capturing stormwater, urban runoff, and municipal wastewater and purifying it for potable reuse. This first-of-its-kind facility is located beneath a parking lot and features a 1.5-million-gallon stormwater harvesting tank and a one-million-gallon-per-day advanced water treatment facility. The recycled water can be used for irrigation, toilet flushing in buildings that have dual plumbing, and to recharge groundwater aquifers.


Los Angeles City Council approves motion to create tenant right to counsel ordinance

Bullet Los Angeles Daily News – March 22

The Los Angeles City Council unanimously approved a motion last Wednesday, instructing its Department of Housing to create recommendations for the establishment of a right to counsel ordinance and program for tenants facing eviction in the city. This comes on the heels of a measure that would have extended certain residential tenant protections for one year throughout Los Angeles County, which was rejected by the Board of Supervisors on Tuesday. The resolution would have prohibited landlords from evicting a tenant without just cause and would have protected tenants from eviction who have added extra occupants and/or pets during the three years of the COVID-19 pandemic.


Room to grow: Los Angeles has 40K acres of vacant land

Bullet The Real Deal – March 27

Los Angeles has a notoriously slow permitting process and high costs that contribute to a region-wide housing shortage. A report published on Thursday helps put the issue into context: Los Angeles, a city with a strong economy and roughly 4 million people, still has more than 40,000 acres of undeveloped land.


Santa Barbara County shifts gears, adds 19 new sites to Housing Element proposal

Bullet Noozhawk – March 27

In a significant swing in direction, Santa Barbara County has added 19 new housing sites totaling 2,151 new units to its Housing Element. The county walked into a buzzsaw of opposition after its draft Housing Element suggested agriculture rezones on the edges of Goleta. At the time, county officials said they had combed the county looking for housing sites and put the agriculture sites on “only as a last resort.” While the agricultural sites are still in the Housing Element for consideration, now the county has proposed housing on seven of its own properties.


National City wants fewer vacant buildings. This new permit process aims to encourage reuse

Bullet The San Diego Union-Tribune – March 27

Last week, City Council members voted to approve an ordinance that is aimed at revitalizing vacant nonconforming buildings (e.g., commercial buildings in residential zoning districts) by allowing for an interim use permit for up to seven years. The idea is that these permits will let property owners generate revenue via the temporary use of their buildings, allowing more time for redevelopment. The City Council could also consider rezoning an area, but the process is lengthy as they would have to examine how changes might affect other properties. Some interim uses the city could approve include co-work office spaces, art studios or galleries, or pop-up retail and resource centers that offer everything from health services to tax services. Design-specific buildings, like auto repair shops, would also qualify, but their temporary uses would be addressed on a case-by-case basis.

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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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