Sustainable Development and Land Use Update 3.28.24

Allen Matkins
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Pending AB 2011 amendments hold promise for housing developers

Bullet Allen Matkins – March 21

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for “by right” streamlined ministerial (i.e., no CEQA, no discretion) approval of qualifying mixed-income and affordable housing development projects along commercial corridors in zoning districts where office, retail, and/or parking uses are principally permitted. If enacted, AB 2243 would impose changes to project review and approval, residential density, commercial corridor frontage, and project site size requirements, among other amendments.


News

Sen. Wiener alters position on S.F. coastal boundary to balance housing and conservation

Bullet KQED – March 20

Moving the coastal zone boundary in San Francisco to the Great Highway is now off the table, State Sen. Scott Wiener (D-San Francisco) announced on March 20. After weeks of negotiations with the California Coastal Commission and the San Francisco City Planning Department over housing construction in western San Francisco, Wiener decided to alter Senate Bill 951, which would have pushed the coastal zone away from San Francisco neighborhoods. The bill would have removed urban San Francisco from the protections of the California Coastal Commission, which enforces the California Coastal Act.


Chula Vista says no to Senate Bill 10 and denser housing

Bullet The San Diego Union-Tribune – March 21

Chula Vista is not interested in opting into Senate Bill 10. On March 20, the City Council unanimously agreed to no longer entertain what it would mean to implement the legislation — at least for now. The city and any other local government interested in doing so have until January 2029 to make a decision. SB 10 allows cities to rezone urban locations for up to 10-unit buildings per parcel in a fast manner without review under the California Environmental Quality Act (CEQA).


San Francisco mayor’s veto of controversial housing bill is overturned

Bullet San Francisco Standard – March 26

In a defeat for San Francisco Mayor London Breed on March 26, the Board of Supervisors overturned the mayor’s veto of Supervisor Aaron Peskin’s recent housing bill that pushes forward density limits along the city’s Northern Waterfront. The passage of the bill will enact housing density controls for most developments in the Jackson Square Historic District, the Jackson Square Historic District Extension, and the Northeast Waterfront Historic District. Projects under the city’s office-to-residential conversion program are exempt from the new rule.


Oakland unveils long-awaited plan to revitalize struggling downtown area

Bullet San Francisco Chronicle – March 22

The city of Oakland has released a long-awaited plan to revitalize its downtown area — a proposal to increase density and vibrancy in the city’s core while improving quality of life and addressing lingering racial and economic inequities. The plan, which has been in the works for nearly 10 years, relies largely on incentivizing private construction of housing, offices, and cultural spaces over the next two decades to boost the city center, which has struggled for years and was further harmed by the COVID-19 pandemic. The plan will be up for review by the Planning Commission in the coming months, with approval votes on the zoning and rule changes in the City Council expected by summer.


White House targets local zoning restrictions in push to address rising housing costs

Bullet The Hill – March 21

The White House took aim at local zoning restrictions for their role in driving rising housing costs in the president’s annual economic report released on March 21. The White House’s Council of Economic Advisers argued these local rules are largely to blame for housing supply shortages, and it suggested the federal government could play a role in incentivizing zoning reforms. Zoning restrictions — including prohibitions on multifamily homes, height limits, minimum lot sizes, square footage minimums, and parking requirements — limit housing supply and decrease affordability, the report argued.


California bill would cap the number of homes investment firms could own

Bullet Spectrum News – March 25

Assemblymember Alex Lee has introduced Assembly Bill 2584, seeking to limit investment firms’ ability to purchase single-family homes. AB 2584 would cap the number of single-family homes large corporations could own at 1,000 units. According to the bill, if a corporation goes over this allotment, they would be forced to sell the property and would be fined $100,000 for each violation.

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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.

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