The Ninth Circuit held that a Berkeley ordinance prohibiting natural gas infrastructure in new buildings was preempted by the Energy Policy and Conservation Act (“EPCA”), 42 U.S.C. § 6297(c), which regulates the energy use of natural gas appliances used in household and restaurant kitchens. California Restaurant Association v. City of Berkeley, 65 F. 4th
Bond Properly Required for Challenge to Affordable Housing
A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions on the merits and held that the plaintiff was properly required to post a bond because it was delaying
Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act
A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the HAA issue. Ruegg & Ellsworth v. City of Berkeley, No. 2487258 (1st Dist., March 14, 2023).
City Properly Approved Project Under Land-Use Standards Existing at Time of Original Application
Under the Housing Accountability Act, a proposed residential development should be evaluated under the land-use standards that applied when the original application was deemed complete, not those at the time of the final decision on the project. Save Lafayette v. City of Lafayette, 85 Cal.App.5th 842 (2022).
In 2011, a developer applied for approval of
City Properly Exempted Project from Certain Local Development Standards Under Density Bonus Law
The City did not abuse its discretion in finding a residential project to be consistent with the City’s development standards since the project qualified for exemption from those standards under the Density Bonus Law. Bankers Hill 150 v. City of San Diego 74 Cal. App. 5th 755 (2022).
Petitioner, a community association, challenged a decision
California Allows Housing on Commercial Lands and Limits Required Parking
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
City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan
The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis Neighborhood Association v. City of Davis, 43 Cal. App. 5th 895 (2022).
The Trackside Project is a planned four-story, 48,000-square-foot mixed-use building located
Single Home Not Subject to the Housing Accountability Act
The court of appeal held that the Housing Accountability Act (HAA) does not apply to a one-unit single-family home project. Reznitskiy v. County of Marin, 79 Cal.App.5th 1016 (2022).
Plaintiff applied to the Marin County Planning Commission to build a 4,000-square-foot single-family home on a plot of land in San Anselmo. The Commission denied the
California Courts Lack Jurisdiction to Hear Challenges to Regional Housing Needs Allocations
The Fourth District Court of Appeal held that California courts do not have jurisdiction to adjudicate claims involving objections to regional housing needs assessment (RHNA) allocations. City of Coronado v. San Diego Association of Governments, 80 Cal. App. 5th 21 (2022).
The City of Coronado along with three other cities sued San Diego Association of
Board of Supervisors Decision on CUP Invalid for Failure to Act Within Time Limits Set by County Code
The Second District Court of Appeal held that a Board of Supervisors decision on the appeal of a conditional use permit from the Planning Commission was untimely under the County Code and hence that the Planning Commission’s decision was deemed affirmed. Tran v. County of Los Angeles, No. B309226 (2nd Dist., Jan. 21, 2022).