Developer prevails in Builder's Remedy lawsuit

Allen Matkins – March 8

The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot “self-certify” its Housing Element retroactively; (ii) a Builder’s Remedy project is “vested” on the date that a complete SB 330 Preliminary Application is submitted; (iii) the Builder’s Remedy is available until substantial compliance with State Housing Element Law, potentially including the date that any required rezoning is completed; and (iv) project “disapproval” under the Housing Accountability Act (HAA) includes a “clear” decision to refuse to process a complete SB 330 Preliminary Application for a qualifying Builder’s Remedy project.

News

Housing advocates in Livermore decry what they see as a new tactic for NIMBYs

SiliconValley.com – March 12

The latest court decision in a long battle to build 130 units of affordable housing in downtown Livermore has thrown the project into flux. The dispute dates back to May 2022, when the Livermore City Council agreed to sell a plot of land in the city’s downtown to Eden Housing. The nonprofit planned to build an 130-unit affordable housing complex on the site. Soon after, a residents’ group collected thousands of signatures to challenge the decision, and asked for the city clerk to process their ballot referendum on whether the land agreement should move forward. The city clerk chose not to process the proposed referendum, calling the land transaction an “administrative act” which could not be challenged by petitions or a referendum. Lawsuits ensued, and the California Court of Appeal in San Francisco decided last Wednesday that the referendum could move forward.

San Francisco property transfer tax waiver approved by voters

Allen Matkins – March 12

On March 11, 2024, it was announced that San Francisco voters approved Proposition C, amending the Business and Tax Regulations Code to waive the real property transfer tax for the first five million square feet of nonresidential space converted to residential use. Mayor London Breed placed Proposition C on the ballot to address both the City’s housing shortage and high office vacancy rates (approximately 32%) by improving the financial viability of office-to-residential conversions.

People’s Park state Supreme Court case scheduled for oral arguments in April

Berkeleyside – March 13

The California Supreme Court will hear oral arguments on April 3 in a case that will likely decide the fate of UC Berkeley’s student housing project at People’s Park. The last of three lawsuits aiming to stop the project, the complaint filed in 2021 by the group Make UC a Good Neighbor argues that the university didn’t consider alternative sites for the 1,100-bed student and 100-bed supportive housing project, and that student noise from the project could impact Southside. The university appealed the case to the Supreme Court last May after the state appellate court sided in favor of Make UC a Good Neighbor.

San Diego Board of Supervisors seeks expanded opportunities for local wineries

CBS8 – March 8

San Diego County is moving forward with a plan to allow wine operations in the unincorporated area opportunities to expand. The streamlined plan considers the wine industry market, zoning, and geographic characteristics to find the right lands for wineries. The Board chose from three options on how to move forward. The chosen option offers the fastest way to expand wineries in certain areas, potentially adding between 33,000 to 62,000 wine-friendly acres to the unincorporated area.

Breed-backed bill would add 1,000 more homes to Treasure Island

San Francisco Examiner – March 8

San Francisco Mayor London Breed and Supervisor Matt Dorsey introduced a bill last week that will bring 1,000 homes, as well as public amenities and parks, to the former U.S. Naval Base on Treasure Island. City officials said the project will add to the more than 8,000 units of new housing in the works, making this the largest amount of the city’s efforts to meet its housing goal. Under its state-approved Housing Element adopted last year, San Francisco is required to build more than 82,000 new homes by 2031.