News & Analysis as of

Mixed-Use Zoning Construction Project

Lowndes

Office of the Attorney General Releases Informal Opinion Shedding Light on the Meaning of “Mixed Use” Zoning Districts Under Live...

Lowndes on

The Live Local Act (Act), originally passed on March 29, 2023, was modified by SB328 on May 16, 2024. While the Act has been heralded as a solution to Florida’s affordable housing shortage, it has faced roadblocks since its...more

Bricker Graydon LLP

$100M Mission Point Project Will Create Hundreds of New Jobs Near Wright-Pat

Bricker Graydon LLP on

As Dayton’s defense industry continues to grow, a local developer plans to invest more than $100M in a mixed-use development aimed at attracting defense contractors....more

Goodwin

The Continued Rise of Branded Residences: Opportunities and Structuring Considerations For Developers, Hotel Owners, and Brands

Goodwin on

While the general commercial real estate markets have faced more than a year of raising interest costs, fewer deals, and economic uncertainty, the branded-residences sector has not only remained resilient but also has...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

Downey Brand LLP on

2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

BCLP

This is not just any case on demolition... this is the M&S case on demolition

BCLP on

The refusal of M&S's plans to demolish and rebuild their flagship store on Oxford Street by the Secretary of State for Levelling Up, Housing and Communities (Michael Gove) has attracted much attention because of the wider...more

Nossaman LLP

Housing Bill to Allow Multifamily Development on Commercially-Zoned Sites Now in Effect

Nossaman LLP on

On July 1, 2023, Senate Bill (SB) 6 (Caballero) – also known as the Middle Class Housing Act of 2022 – went into effect. Under the bill, if a project site is currently zoned for commercial retail or parking use, a developer...more

Akerman LLP

Florida Live Local Act

Akerman LLP on

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the...more

Lowndes

Live Local Act Provides Affordable Housing Incentives, Bans Rent Control

Lowndes on

On March 29, 2023, Governor Ron DeSantis signed into law Senate Bill 102 (Live Local Act) that becomes effective July 1, 2023. The Live Local Act, among other things, seeks to provide available and affordable housing to the...more

Bilzin Sumberg

City of Miami Updates to Wynwood NRD-1 Zoning District

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At this week’s City of Miami Commission meeting, the City of Miami adopted a series of important amendments to the Miami 21 Zoning Code. These amendments specifically impact the Wynwood Neighborhood Revitalization District...more

Miller Starr Regalia

Court Affirms City’s Determination That Substantial Evidence Supports Approval of Mixed-Use Development Project

Miller Starr Regalia on

On September January 12, 2022, in Old East Davis Neighborhood Association v. City of Davis, __ Cal.App.5th __ (Case No. C090117), the Third District Court of Appeal reversed a trial court decision that granted a writ petition...more

Nossaman LLP

Court Upholds Special CEQA Streamlining Legislation for Oakland A’s Park Project

Nossaman LLP on

The enactment of special CEQA streamlining legislation for the Sacramento Kings arena nearly a decade ago created a model for a series of mega-project specific bills, all aimed at reducing the development uncertainty and the...more

Cozen O'Connor

Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction

Cozen O'Connor on

Generally, Pennsylvania’s private prompt payment act, the Contractor and Subcontractor Payment Act, (CASPA) does not apply to improvements to real property that consists of six or fewer residential units. But, in a recent...more

Kramer Levin Naftalis & Frankel LLP

Controversial Citywide Hotel Special Permit Enters Public Review

On May 3, 2021, the City Planning Commission referred out for public review a zoning text amendment that would require a special permit for the creation or material enlargement of transient hotels (Zoning Use Group 5) and...more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

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A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more

Perkins Coie

COVID-19 Shelter-In-Place Orders Exempt Activities Necessary for the Construction of Housing

Perkins Coie on

On March 16, 2020, in response to the COVID-19 (coronavirus) global pandemic, seven counties – Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Santa Cruz – issued orders requiring residents to shelter...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, Issue 4

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Miller Starr Regalia

Are Urban Land Uses And Project Design Components Fungible For CEQA Project Description Purposes As Long As Maximum Possible...

Miller Starr Regalia on

In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and...more

Miller Starr Regalia

Court Rejects Land Use Consistency Challenge to Sacramento Mixed-Use Project Providing “Significant Community Benefits”

Miller Starr Regalia on

On July 18, 2019, in Sacramentans for Fair Planning v. City of Sacramento, __ Cal.App.5th __ (2019), the Third District Court of Appeal affirmed a trial court decision denying a “vertical” consistency challenge filed by...more

Miller Starr Regalia

Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To...

Miller Starr Regalia on

In a 30-page opinion originally filed July 3, and certified for publication on July 18, 2019, the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging, on zoning law and CEQA...more

Bilzin Sumberg

Coral Gables Zoning Law: Modified Open Space Zoning Code Creates New Design Challenges

Bilzin Sumberg on

The City of Coral Gables’ zoning code landscape and open space requirements were recently amended as of May 14, 2019. The Coral Gables’ zoning code now requires landscape open space to be provided at the ground level and to...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

Farrell Fritz, P.C. on

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Snell & Wilmer

Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

Snell & Wilmer on

The Utah Supreme Court recently decided Baker v. Carlson, 2018 UT 59, which considered a developer’s ongoing effort to build a mixed-use, part-residential and part-commercial development on the site of the long-defunct...more

Miller Starr Regalia

First District Rejects Laundry List Of CEQA Challenges To EIR For Mixed Use 5M Project In Downtown San Francisco

Miller Starr Regalia on

In a lengthy opinion filed February 22, and belatedly ordered published on March 25, 2019, the First District Court of Appeal (Div. 1) affirmed the trial court’s judgment denying a petition for writ of mandate challenging the...more

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