Sustainable Development and Land Use Update - November 2022 #3

Allen Matkins
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Rent control expands as tenants struggle with the record-high cost of housing

Bullet NPR – November 28

In November, voters in Florida, Maine, and California approved ballot measures to impose or tighten caps on rent hikes. This expansion is happening despite years of research that shows rent control can actually reduce the overall amount of affordable housing, and may not help those who need it most. But supporters say solutions for the housing crisis take years to play out, and people at risk of eviction or even homelessness need help now. Jim Lapides, with the National Multifamily Housing Council, tracked 19 state legislatures that had rent control proposals this year — nearly all of them to expand it. Combined with local measures, he says it's the most he's seen in working on the issue for a decade.


News

Alameda wins Bay Area race for Housing Element compliance

Bullet The Real Deal – November 21

The city of Alameda became the first municipality in the Bay Area to adopt a Housing Element draft approved by the state. The 30-year-old legal provision in state law aims to spur housing development across the state, and works by invoking a penalty on jurisdictions that fail to approve plans to achieve their state-directed housing goals. Alameda’s includes 5,353 housing units, with 39% of the future housing units designated for the Naval Air Station, which the city designated as a Priority Development Area.

For Bay Area jurisdictions, the January 31, 2023, deadline for Housing Element compliance is rapidly approaching. As explained in our prior legal 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).


California commits $2.6B to sustainable mobility, prioritizing low-income communities

Bullet Smart Cities Dive – November 18

The California Air Resources Board (CARB) has announced a $2.6 billion clean mobility plan focused on directing benefits from the transportation transition to low-income communities and those disproportionately burdened by pollution. Initiatives will include incentives for cleaner trucks and buses, bike- and car-sharing, and consumer rebates for clean cars. According to a CARB press release, more than 70% of the $2.6 billion in the fiscal year 2022-23 funding will benefit “priority populations.”


Open space advocates lose showdown to block development in San Benito County

Bullet The Mercury News – November 22

A ballot measure that supporters said would stop developers from paving over the scenic, rural character of San Benito County — home to Pinnacles National Park and the historic Mission San Juan Bautista — but which opponents said would limit tax revenue and property rights, has failed. Napa and Sonoma county voters passed similar laws in the 1990s. Environmentalists and slow-growth advocates said San Benito County needs to curb increasing development pressure for hotels, retail developments, and subdivisions for Silicon Valley commuters.


S.F.’s St. Ignatius installed 90-foot-tall stadium lights. Court now requires environmental review

Bullet San Francisco Chronicle – November 21

When St. Ignatius College Preparatory proposed to install 90-foot light towers at its stadium to allow more night football games, San Francisco officials decided the installation was too minor to require environmental review. The lights are up and running, but a neighborhood group still says lesser options should be reviewed, and a state appeals court agrees. “The project will significantly expand the nighttime use of the stadium,” the First District Court of Appeal said Friday in a ruling ordering the city to conduct an environmental study and consider alternatives.


L.A. City Council motion aims to stop “spot road widening”

Bullet Urbanize L.A. – November 23

On November 21, Los Angeles City Council members Nithya Raman, Mike Bonin, and Bob Blumenfield introduced a motion to reform the waiver of dedication process, with the goal of preserving consistent roadway widths and curb lines. The motion notes that Los Angeles widens its streets to match the standards through the highway dedication process, in which developers are required to dedicate a strip of land along the front lines of their properties to the city for the expansion of the public right-of-way. However, as the simultaneous redevelopment of all parcels along a city block rarely occurs, the end result of this practice is often disjointed.

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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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