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Epic Battle over Lafayette Housing Project Finally Ends as California Supreme Court Refuses to Review Unanimous Court of Appeal...

After 12 arduous years, the 315-unit Terraces of Lafayette apartment project is finally clear to be constructed now that the California Supreme Court rejected Save Lafayette’s request for review. The Court also rejected Save...more

Miller Starr Regalia Prevails in Landmark Housing Accountability Act Case

The Terraces of Lafayette is a 315-unit housing development project in Lafayette, California that is perhaps the poster child project under the state’s most important housing production law, known as the Housing...more

New California Law Addresses Delays by Public Agencies in the Post-Entitlement Permitting Process

On January 1, 2023 Assembly Bill 2234, an important new post-entitlement accountability and streamlining law that amends the Housing Accountability Act and adds new sections to the Planning and Zoning Laws, takes effect in...more

“Builder’s Remedy” Provides Key Housing Production Opportunities in California

California is in the midst of the 6th Regional Housing Needs Allocation cycle known as RHNA, a state-mandated process that requires all cities and counties to timely update the housing elements of their general plans to plan...more

New UC Irvine Study Debunks NIMBY Claims That New Affordable Housing Development Reduces Local Property Values and Increases Crime

NIMBY project opponents rely on an ever-shifting array of flimsy arguments to challenge new housing developments, especially those with affordable housing components.  Among the most frequently stated concerns is the notion...more

Court Holds that the Legislature Really Did Dissolve Redevelopment Agencies and Rendered the 15% Affordable Housing Requirement...

The AIDS Healthcare Foundation is an extremely well-funded Los Angeles-based non-profit that now engages in some of the most pernicious anti-housing activities in California.  The organization recently challenged the approval...more

California Attorney General Continues to Enforce State Housing Laws

In late 2020, California Attorney General Rob Bonta announced the creation of a “Housing Strike Force” within the California Department of Justice (DOJ) to enforce state housing laws by putting to put teeth into often-ignored...more

State Housing Law Again Preempts Subjective Local Development Standards

On February 2, 2022, in Bankers Hill 150 v. City of San Diego, __ Cal.App.5th __ (Case No. D077963), the Fourth District Court of Appeal relied on fundamental provisions of California’s Density Bonus Law in rejecting a...more

California Department of Housing and Community Development Warns San Francisco About Potential Violations of State Housing Law

For decades developers and landowners have considered San Francisco as a City that is unfriendly to property rights.  From the City’s Hotel Conversion Ordinance, which severely restricts the conversion of hotels from...more

Developer Achieves Complete Victory in SB 35 Decision for New Mixed-Use Development in Berkeley

In Ruegg & Ellsworth v. City of Berkeley, __ Cal.App.5th __ (2021) (Case No. A159218), the first published appellate decision addressing Senate Bill 35, the First District Court of Appeal reversed a trial court decision in...more

Game Changer: Public Agency Cannot Mandate Payment of Attorney Fees Under Indemnity Agreement Without Specific Statutory Authority

In a low-profile but important new decision, San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, __ Cal.App.5th __ (2021) (Case No. B296968), the Second District Court of Appeal affirmed a trial court...more

California Cities Seek Relief From Project Processing, Public Records Act, and Other Key Statutory Timelines During State of...

Seeking to piggyback on the State of Emergency Governor Gavin Newsom declared on March 4, 2020 as part of the state’s response to address the global COVID-19 pandemic, California cities filed a letter with the Governor asking...more

Establishing Vested Rights Through SB 330’s Preliminary Application: Understanding the Key Differences Between “Deemed Complete”...

Senate Bill 330, referred to as the Housing Crisis Act of 2019, contains two major parts intended to accelerate housing production over the next five years by streamlining permitting and ensuring no net loss in housing...more

Court Orders City to Cure Internal Inconsistency in Richmond General Plan Created by Citizen-Sponsored Ballot Initiative

In a case of first impression published on October 25, 2019, Denham, LLC v. City of Richmond, Cal.App.5th __ (2019) (Case No. A154759), the First District Court of Appeal agreed with a trial court that a ballot initiative...more

Housing Crisis Act Passes in California Legislature, Will be Signed by Governor Newsom

Senate Bill 330, known as the Housing Crisis Act of 2019 and authored by State Senator Nancy Skinner (D-Berkeley), passed the California legislature on Friday, September 6, 2019, with strong support from numerous...more

Report Shows That Local Land Use Regulations Play a Key Role in Impeding Development of New Multi-Family Housing in California

According to traditional urban economic models, developers in well-functioning housing markets will choose to build apartments where land is expensive and housing demand is strong....more

Attorney General Opines that Cities May Not Condition the Grant of a Density Bonus on the Payment of a “Public Benefit Fee”

California’s ongoing housing crisis has many causes, including, as prominently noted in the Housing Accountability Act, the “activities and policies of many local governments that limit the approval of housing, increase the...more

In Protracted Dispute Over Modest Residential Development, Court Orders Lafayette to Place Referendum Petition on Ballot

On February 21, 2018, in Save Lafayette v. City of Lafayette, __ Cal.5th __ (2018) (Case No. A149342), the First District Court of Appeal overturned the City of Lafayette’s decision to not place a referendum petition on the...more

Ambitious “Housing-First Policy” for “Transit-Rich Housing” Would Require Greater Density and Height for Housing Near Transit,...

First term California State Senator Scott Wiener has quickly become a state leader on housing policy. Last year the San Francisco-based senator sponsored Senate Bill 35, which creates a streamlined approval process, in...more

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

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

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

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

Court Upholds City’s Communities Facilities District and Related Special Tax

The question of who should pay the cost of municipal services for new residential development is a vexing question. The answer is critically important to the developers and homebuilders who must finance and market their...more

Recent Reports Highlight Negative Consequences of Local Barriers to New Housing Development, Call for State-Level Solutions

California’s housing crisis is well-understood and documented. A chief culprit is the fact that the state’s coastal urban areas, for various reasons, do not approve enough new housing to accommodate everyone who seeks to...more

Court Resolves Tensions Between Housing Laws and Coastal Act in Favor of Coastal Act

On September 29, 2016, in a case of first impression, the Court of Appeal for the Second Appellate District addressed the tensions between the requirements of the Housing Accountability Act, Density Bonus Law, and Mello Law...more

Grand Jury finds Oakland City Council Member Broke Ethics Rules in Interfering With a Housing Development Next Door to Her Home

In a final report issued June 21, 2016, the Alameda County Grand Jury found that an Oakland City Council member used her position and office to advocate for private gain, and not the good of the City, in interfering with the...more

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