Focus
California's Density Bonus Law prevails with recent win in San Diego
Allen Matkins – January 25
A January 7, 2022 decision from California’s Fourth District Court of Appeal in Bankers Hill 150 v. City of San Diego (Case No. D077963) confirms local agencies' limited discretion to deny – or require a redesign – of qualifying projects under California's Density Bonus Law (DBL). Allen Matkins attorneys, Heather Riley, Jeff Chine, and Becca Williams, secured the winning decision, which reinforces that local agencies cannot, except under very limited circumstances, require the redesign of projects in order to negate the need for the DBL incentives and waivers requested by the developer if the project provides the requisite affordable housing to qualify for the DBL. The court’s decision is currently unpublished though a request for publication has been made and is pending.
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News
Biden launches green buildings partnership with states, cities
The Hill – January 21
The Biden administration is launching a new partnership with the states of Colorado and Washington, as well as a number of cities, including Los Angeles, aimed at reducing planet-warming emissions from buildings. President Biden announced the new "Buildings Performance Standards Coalition" at the U.S. Conference of Mayors last Friday. The coalition aims to advance legislation or regulation in each local or state jurisdiction by Earth Day 2024.
San Diego amends law requiring developers to build low-income units
The San Diego Union-Tribune – January 25
The San Diego City Council voted 8-1 on Monday to approve changes to the city's "inclusionary" housing law that requires developers of market-rate housing to build low-income units or pay steep penalties. The California Coastal Commission, which recommended amendments last summer, has to approve the law in order for it to take effect in coastal neighborhoods. While most of the changes will affect only coastal neighborhoods, some will affect the entire city, because they change where developers may build low-income units if they choose to put the low-income units off-site of their main development. Among other changes, the proposal eliminates an exception that allows the low-income units to be built farther away if the developer builds 5 percent more units than otherwise required.
L.A. County wants feedback on an update to its Residential Parking Ordinance
Urbanize L.A. – January 24
The issue of higher housing costs has prompted Los Angeles County to pursue an update to its Residential Parking Ordinance, which sets parking requirements for new developments in unincorporated communities such as East Los Angeles, Westmont, and Marina del Rey. With a focus on how parking requirements affect housing affordability (or rather, a lack thereof), a new survey launched by the Department of Regional Planning is soliciting feedback on the proposed update.
Carson, Redondo, and Torrance to kick off legal fight against controversial housing bill
Daily Breeze – January 24
Senate Bill 9 will face a legal challenge from Carson, Redondo Beach, and Torrance, officials have announced. The bill, enacted on Jan. 1, allows single-family home owners to split their lots into duplexes, with up to two separate units on each, with ministerial city approval. The cities will argue in court that the law violates the California Constitution by removing local control over land use and failing to specifically tailor the bill's provisions to address the state’s housing crisis, said Carson City Attorney Sunny Soltani, who announced the action last week.
Google's solar-powered roof signals growing demand for sustainable workspaces
The Guardian – January 19
Google's new Bay View campus, which is due to welcome employees this year – pandemic allowing – is situated a few miles east of its existing HQ campus in Mountain View. The finished buildings will have a 90,000-tile "solar skin" roof, which its designers estimate will generate almost 7 MW of power, or 40 percent of the electricity needs of the campus.
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