Sustainable Development and Land Use Update 8.12.24

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California Court of Appeal clarifies what constitutes a “rare” species under CEQA

Bullet Allen Matkins – August 1

On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s determination that a 12-unit residential condominium building qualified for the Class 32 infill development exemption under the California Environmental Quality Act (CEQA). (See Nassiri v. City of Lafayette, et al. (2024) ___ Cal.App.5th ___.) Specifically, the court determined the project was exempt from CEQA because no evidence confirmed the project site had value as habitat for rare or threatened species.


News

San Diego mayor signs plan to build affordable housing in University City

Bullet 10News – August 6

San Diego Mayor Todd Gloria last Tuesday signed the University Community Plan, a measure designed to increase affordable housing in the University City area. The plan, approved by the City Council last month, aims to transform the area into a smaller version of downtown San Diego, allowing more residents to live closer to their workplaces. The University Community Plan includes the addition of 29,000 new homes and 72,000 jobs. The initiative is part of a broader two-part plan to enhance housing in both University City and Hillcrest neighborhoods.


More housing, fewer offices: San Francisco mayor proposes zoning change

Bullet Smart Cities Dive – July 30

San Francisco officials hope to bring more housing to the city’s downtown with legislation proposed last week that would eliminate a zoning requirement that large mixed-use projects include a minimum amount of office space in certain areas. The proposed legislation is a response to changes in demand for office space and the city’s housing goals, according to a press release. The proposal is co-sponsored by Mayor London Breed and Supervisor Matt Dorsey.


BART Silicon Valley phase 2 extension receives $5.1 billion in federal funds

Bullet ABC7 – August 3

A historic step has been made towards finishing the BART Silicon Valley Extension. South Bay leaders say the federal government just awarded it billions in funding. The BART Silicon Valley Extension Program is the largest single public infrastructure project in Santa Clara County. In the South Bay, there is growing concern over phase two of VTA’s BART Silicon Valley project as it awaits critical federal funding.


UC Berkeley starts construction at People’s Park, capping decades of conflict

Bullet KQED – July 31

After decades of conflict and legal dispute over the fate of People’s Park, UC Berkeley quietly began the construction of its controversial housing development there last week. The first phase of construction is focused on site preparation and landscaping efforts, according to a campus press release. The start of construction at People’s Park comes nearly two months after a California Supreme Court ruling cleared the way for UC Berkeley to break ground. That decision ended a case stemming from an environmental lawsuit first brought against the university in 2021 by two neighborhood groups. Pushing against the university’s Long Range Development Plan, which aims to add nearly 12,000 student beds among other facilities, advocates argued that the park should be protected as a historic landmark.


ADU construction flourishing in Los Angeles County

Bullet Planetizen – July 30

Los Angeles County has permitted more accessory dwelling units per capita than any other California county, according to an analysis from the Los Angeles Times. Low- and middle-income cities are leading the charge as homeowners take advantage of new regulations to build additional units for family members and renters. The City of San Fernando permitted almost 70 ADUs per 1,000 existing housing units in the last six years, a number three times as high as the county average.

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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. Attorney Advertising.

© Allen Matkins

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