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Foreclosure Does Not Eliminate Density Bonus Obligations: Court of Appeal Upholds Enforceability of Affordable Housing Agreements

In Rodriguez v. City of Los Angeles, 116 Cal.App.5th 488 (2025), the Second District Court of Appeal held that a recorded density bonus agreement requiring long-term affordable housing survives a foreclosure sale. The court’s...more

San Diego’s Approval of Ballot Initiative Raising Height Limit in Coastal Neighborhood Violated CEQA (Again)

Twice in the past five years, San Diego voters have approved ballot initiatives seeking to raise the 30-foot height limit for buildings in the city’s Midway-Pacific Highway Community Planning Area (often referred to as the...more

Court of Appeal Clarifies When Development Agreements Are Subject to Referendum in California

The First District Court of Appeal’s recent decision in Move Eden Housing v. City of Livermore, ___ Cal. App. 5th ___, 2025 WL 2837353 (Oct. 7, 2025) (Move Eden II), illustrates how California cities and developers should...more

Court of Appeal Rejects Constitutional Challenges to Ordinance Requiring Restrictive Covenant for New Residential Development on...

The First District Court of Appeal held that a local government may condition the issuance of a permit to build residential units on agricultural land on the developer’s willingness to record a restrictive covenant. ...more

First District Court of Appeal Clarifies Limits on “Grandfathered” Local Assessments Under Proposition 218

The First District Court of Appeal’s recent published opinion in Thacker v. City of Fairfield, ___ Cal. App. 5th__, 2025 WL 2476455 (Aug. 28, 2025), clarifies how Proposition 218 applies to special assessments that predated...more

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