In what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage. This Update summarizes two key bills in this package (AB 2011 and SB 6) that enable housing development on commercial lands, as well as another important land
Judicial Streamlining Renewed for Expanded Set of “Environmental Leadership” Projects
California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain “environmental leadership development projects” and extends eligibility to additional housing projects. Previous legislation offering similar benefits to a narrower range of developments expired on January 1.
To qualify for judicial streamlining under SB 7, a project
SB 35 Streamlining Upheld Against “Home Rule” Challenge
Senate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production. The law compels local agencies, including charter cities, to issue streamlined approvals for qualifying multifamily residential projects, even, at times, where a project conflicts with a local ordinance. In Ruegg &
Maximum State Density Bonus Increases for Primarily Market-Rate Housing Projects under AB 2345
The State Density Bonus Law, Government Code section 65915, provides the opportunity to develop additional market-rate housing and receive other benefits in exchange for including affordable units in a project. Governor Newsom recently signed legislation, Assembly Bill 2345, that makes several amendments to the Density Bonus Law, the most significant of which will increase how
New California Law Restricts Municipalities’ Ability to Limit Housing
California Governor Gavin Newsom has signed into law a major set of restrictions on the actions California cities and counties may take to impede housing development. Senate Bill 330 broadly aims to prevent local agencies from putting up new barriers to housing production. The legislation declares a statewide housing emergency and, on that basis, amends
New State Density Bonus for Student Housing Takes Effect
As of January 1, State law offers a new density bonus to qualifying student housing developments. The legislation (Senate Bill 1227) is one of several bills the Legislature has passed over the last two years to address California’s unprecedented shortage of affordable housing.
As explained by Senator Skinner, the sponsor of SB 1227, the bill
State Authorizes Rental Inclusionary Housing Requirements
One of the 15 housing-related bills signed recently by Governor Brown could have especially significant implications for market-rate, residential rental projects in many jurisdictions, as the new legislation, AB 1505, will authorize cities and counties to adopt inclusionary housing requirements for rental units. AB 1505 takes effect January 1, 2018.
Nearly a decade ago, the
Governor Signs Housing Legislation, Including Streamlining Bill
Governor Brown has signed 15 bills designed to address the State’s severe shortage of affordable housing. Among its other effects, the legislation will (1) generate funds for affordable housing developments; (2) require cities and counties, as they approve new development, to maintain a supply of adequate housing sites for all levels of income; (3) tighten
California Supreme Court Rejects City’s Attempt To “Evade” General Plan Amendment Referendum
The California Supreme Court has unanimously denied an effort by the City of Orange to defend its approvals for a residential development project despite an intervening public vote that rejected a general plan amendment the city had passed to advance the project. By later attempting to make an “administrative correction” to its general plan, the
City Does Not Have Burden of Showing Reasonableness of Housing Fees
Just over a year after the California Supreme Court strongly endorsed inclusionary housing ordinances, the Second District Court of Appeal upheld a city’s collection of in-lieu housing fees against a developer’s claim that the city failed to carry its burden of proving the fees were reasonably related to development impacts. 616 Croft Ave., LLC v.