On April 11, 2024, the Department of City Planning (DCP) released the proposed City of Yes for Housing Opportunity zoning text changes. The proposed text was released in advance of the formal public review process (ULURP),...more
In an effort to “fundamentally change [the State’s] approach to housing development, particularly for the moderate and affordable development we need most,” the Rhode Island General Assembly recently passed a slew of...more
Last week the Office of the Attorney General demonstrated the State of California’s unwillingness to cede its enforcement of state housing laws even in the face of defiance from local governments. On April 10, in People of...more
As of January 31st, the deadline for many Bay Area cities and counties to adopt legally compliant Housing Elements now has passed, and many jurisdictions remain without certifications from the California Department of Housing...more
Comprehensive Plans must be compelling, realistic, and specific. They should embody discipline and imagination. Importantly, they must resolve the tension between property owners seeking a permit and property owners wanting...more
After tinkering with parts of the compulsory purchase regime in the Levelling-up and Regeneration Bill, in an effort to streamline and modernise it, the government has now published a consultation with potentially significant...more
On December 4, 2019, the Los Angeles City Council adopted Ordinance No. 186477 which prohibits a “restricted developer” or “principal” from making contributions to the Mayor, City Attorney, City Councilmember, a candidate...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
For the first time in over 50 years, the City of Portland is rewriting its Land Use Code, which is found in Chapter 14 of the City’s Code of Ordinances. The effort involves several substantive policy changes aimed at making...more
The Portland Planning and Sustainability Commission appears to be ready to recommend changes to City design review guidelines that would require developers to provide space within exterior areas of new buildings for the...more
In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition....more
The Mayor’s Office of Housing and Community Development (MOHCD) released program rules for the Community to Purchase Act (COPA) on September 3, 2019. The recently enacted COPA program (codified in Chapter 41B of the San...more
In February, the San Francisco Planning Department issued the first quarterly performance report for implementation of its Process Improvements Plan, a program intended to overhaul the project review process. ...more
As described in our previous Client Alert, the Los Angeles City Planning Department is reviewing its current TOC Tier designations, and due to mistakes in current TOC maps, many properties will have their Tier designations...more
Portland planning staff is proposing strict new limits on the size of houses that can be built or remodeled in most areas of the City. Included in the latest draft of its “Residential Infill Project” code amendments, the...more
• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more
On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more
Fairfax County is close to finishing its comprehensive plan amendment for the Richmond Highway Corridor in northern Virginia. The amendment will create a substantial amount of new density — much of it residential — along the...more
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more
In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more
Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more