Sustainable Development and Land Use Update 2.6.26

Allen Matkins
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California state court rules against Los Gatos in builder’s remedy dispute

Bullet SiliconValley – February 3

On January 29, Santa Clara County Superior Court Judge Helen E. Williams dismissed a lawsuit filed by the Town of Los Gatos seeking clarification of California’s builder’s remedy law. The Town of Los Gatos argued that developers only get one 90-day resubmittal period, while the California Department of Housing and Community Development stated that they can have an indefinite number of 90-day periods to amend their applications. Superior Court Judge Helen E. Williams agreed with the state.


News

Challenge to housing plan for California town could affect cities statewide

Bullet Courthouse News Service – February 3

The California Court of Appeal, First Appellate District has ruled that governments need not include a site-specific environmental review when preparing an environmental impact report (EIR) as part of a housing element, when there is no housing project proposed for the site. The case centers on a challenge to Tiburon’s EIR for its general plan update.


Bay Area city moves to outlaw short-term rentals

Bullet SFGate – February 2

At a January 21 Saratoga City Council meeting, council members voted to ban short-term rentals and promotion of the listings on any platform. Saratoga is set to waive the final reading and adopt the ordinance at its next City Council meeting.


Code amendment on replacement parking gets approval from area planning group leaders

Bullet The San Diego Union-Tribune - January 30

Proposed changes to the city of San Diego’s Land Development Code could lead to fewer requirements on certain parking space replacements. One amendment would help implement California Assembly Bill 2097, which prohibits minimum parking requirements for developments within a transit priority area, defined as within a half-mile of a major existing or planned transit stop.


Santa Barbara County Board of Supervisors passes ordinances to streamline permitting process

Bullet Santa Barbara Independent – January 30

The Santa Barbara County Board of Supervisors passed a set of zoning ordinances and amendments on January 27. The changes include increasing the height limit to 45 feet for residential areas with a density of 20 units per acre, creating exceptions to design reviews for certain ADUs, and increasing the required open space for some projects.


Homeowners sue over right to demolish Marilyn Monroe’s former home

Bullet Los Angeles Times – February 3

A couple in Los Angeles’ Brentwood neighborhood is suing the City of Los Angeles and Mayor Bass after officials blocked their demolition of Marilyn Monroe’s former home. The city designated the 1920s mansion a historic cultural monument in 2024, but the homeowners argue the extensively renovated property bears no resemblance to Monroe’s 1962 residence.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Allen Matkins

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