Sustainable Development and Land Use Update 2.12.26

Allen Matkins
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Congress advances bipartisan bill to spur housing development

Bullet Bisnow – February 9

The U.S. House of Representatives on February 9 advanced a wide-ranging bipartisan bill seeking to address the national housing crisis. The Housing for the 21st Century Act seeks to accelerate housing development by removing regulatory barriers, including federal environmental reviews for small-scale residential projects. The bill significantly overlaps with the Renewing Opportunity in the American Dream to Housing Act that the Senate passed in October.


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Transit-oriented development bill introduced in Congress

Bullet Smart Cities Dive – February 4

A new federal bipartisan bill, the Build Housing, Unlock Benefits, and Services Act or Build HUBS Act, introduced on January 14 aims to increase the construction of housing near transit hubs. Here’s what the Build HUBS Act would do: (i) Extend specified funding programs through 2031; (ii) Clarify the definition of transit-oriented development (TOD) to “better capture the wide range of transportation assets that can anchor TOD across communities of all sizes;” (iii) Implement a delegated lending model to retain federal oversight while adopting private sector efficiency and expertise; (iv) Speed up processing timelines for project review and funding: (v) Waive certain National Environmental Policy Act (NEPA) requirements, including for office-to-residential conversions and infill development; and (vi) Encourage existing loan programs to prioritize projects that promote workforce housing.

Please see our prior legal alert on state efforts to promote TOD housing projects.


Santa Monica sponsored law could turn the tide on coastal development

Bullet Santa Monica Daily Press – February 9

Assemblymember Rick Chavez Zbur introduced legislation on February 9 that would permit cities designated as "urban multimodal communities" to locally approve housing developments and transportation improvements without individual coastal development permits. Zbur said Assembly Bill 1740 would preserve the commission's authority over projects that could harm sensitive coastal resources.


Housing advocates still waiting for state-ordered single-stair report

Bullet CalMatters - February 10

The Office of the State Fire Marshal was given until Jan. 1, 2026 to come up with a report on single-stair apartment buildings, but more than a month later, advocates are still waiting on the report. The safety-minded code has become a focal point of criticism among certain housing advocates and others, who say it raises the costs of multifamily construction and limits where apartments can be built, among other concerns.


State certifies San Benito County housing element

Bullet San Benito Magazine – February 10

The California Department of Housing and Community Development (HCD) certified San Benito County’s latest housing element last week—more than six months after it was initially submitted. HCD also confirmed that recent property rezoning revisions to the housing element—approved by the board of supervisors in December—will adequately help accommodate the county’s Regional Housing Needs Allocation, which adds up to 754 new homes that need to be built in unincorporated San Benito County by 2031. County officials hailed the state’s certification as a “milestone” that will ensure the county remains eligible for state grant funding. The HCD certification also holds off enforcement of the state’s “builder’s remedy” law that would have allowed developers to bypass local guidelines and standards.

Please see our prior legal alert for more information about the state “builder’s remedy” law.

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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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