News & Analysis as of

Housing Developers

The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging...

by Miller Starr Regalia on

AB 890 (Medina – D), recently sent to Governor Brown for action by October 15, seeks to amend Government Code § 65867.5 and to add §§ 65363 and 65850.10 to prevent development agreements and certain types of land use planning...more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

by Perkins Coie on

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor...more

Land Use Matters, Alston & Bird LLP, September 2017

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional...

In Pulte Home Corp. v. American Safety Indemnity Co. (No. D070478; filed 8/30/17), a California appeals court found that manuscript additional insured endorsements on construction subcontractors’ policies were ambiguous...more

Issues, challenges and opportunities in the real estate and housing sector in Côte d’Ivoire

by Dentons on

For many years, population growth, combined with sustained urbanisation, has created enormous needs in all sectors, including the housing sector, in Côte d'Ivoire....more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Court Dismisses Developer’s Claim Against Township For Damages

by Fox Rothschild LLP on

In the case of Cardinal Crossing v. Marple Township, the PA Commonwealth Court was faced with the issue of whether a developer, who spends substantial funds on a development, in reliance on statements of support from a...more

How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions

It is important for design professionals to understand and consider the impact of proposed construction upon adjacent properties and the obligations project owners have to adjacent property owners. All parties should...more

Philadelphia Reorganizes Development-Related Agencies

by Fox Rothschild LLP on

Effective July 1, 2017, the City of Philadelphia established a single Department of Planning and Development. The Department will have three divisions. The Division of Planning and Zoning will include the Art Commission,...more

City of Charleston Changes Workforce Housing Zoning Rules

by McNair Law Firm, P.A. on

The City of Charleston has changed the rules governing the Mixed Use Workforce Housing District Zoning Ordinance in an effort to further diversify housing opportunities for residents....more

What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program.....more

Update – City of Los Angeles Affordable Housing Linkage Fee

The City of Los Angeles continues to move toward the adoption of an ordinance that establishes an Affordable Housing Linkage Fee (Ordinance). As currently proposed, the key provisions of the Ordinance are as follows...more

Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision...

by Sherman & Howard L.L.C. on

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio...more

Courts Will Not Second-Guess Development Decisions When the Findings are Supported by Substantial Evidence

by Miller Starr Regalia on

On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts...more

Federal Court Halts Lawsuit Consideration over Obama’s Clean Water Rule; Pruitt Recruits Governors to Shape New EPA Water...

One of President Trump’s early campaign promises was to dismantle the 2015 Clean Water Rule, the Obama administration’s regulation asserting federal power over navigable bodies of water and aiming to replace polluting...more

Third District Finds that EIR for Residential Development Inadequately Assessed Traffic Impacts

by Downey Brand LLP on

Cities charged with preparing EIRs for proposed projects often look to their general plans and other adopted policies to set thresholds of significance for assessing environmental impacts. A lead agency’s discretion to select...more

Top Ten Takeaways From Combatting NIMBYism Breakfast Briefing - Understanding and Combatting Objections to Real Estate...

by Foley & Lardner LLP on

On April 25th, Foley hosted a Land Use Connection Breakfast Briefing on Combatting NIMBYism. Donna Pugh, Land Use Real Estate Partner, served as the moderator for the event. We had three featured presenters as well: Doug...more

Housebuilding and planning news round-up, Spring 2017

by Dentons on

In the midst of a housing crisis, it is no surprise that housebuilding initiatives continue to dominate the UK headlines. The government's recent housing White Paper, with its array of proposals ranging from simplifying the...more

Court Mandates Full Payment of 40B Application Fee for Complete Application

by Beveridge & Diamond PC on

Municipality Successfully Invokes Safe Harbor Due to Late Payment - Ruling that a developer who files a comprehensive permit application without paying the full filing fee “does so at its peril,” the Court in Zoning...more

Wading Through the Flood of New Housing Legislation

Having trouble keeping up with the seemingly endless torrent of new housing laws? You are not alone. Here is our summary of the key pending State and San Francisco legislation aimed at increasing housing/affordable housing...more

Affordable Housing Bonus Program Takes Shape in San Francisco

The State Density Bonus law has been in effect for almost 40 years, but it has required a prolonged housing crisis to push San Francisco to adopt a local implementing ordinance. Last year the Board of Supervisors adopted the...more

Ting Legislation Seeks to Pave the Way for Fees on Density Bonus Units

Assembly member Phil Ting (D – San Francisco) introduced new amendments to the State Density Bonus law on March 15, 2017 that would specifically require local jurisdictions to impose their local inclusionary housing...more

Competing Inclusionary Housing Proposals Introduced at the Board of Supervisors

Is the City another step closer to sorting out inclusionary housing requirements and implementation of Proposition C? Board of Supervisors members have introduced two competing ordinances that seek to call the question...more

Court Mandates Full Payment of 40B Application Fee for Complete Application: Municipality Successfully Invokes Safe Harbor Due to...

by Beveridge & Diamond PC on

Ruling that a developer who files a comprehensive permit application without paying the full filing fee “does so at its peril,” the Court in Zoning Board of Appeals of Hanover v. Housing Appeals Committee, 90 Mass. App. Ct....more

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