Focus
Western burrowing owl receives protection under California Endangered Species Act
Courthouse News Service – October 10
The western burrowing owl secured temporary protection this Thursday under California’s Endangered Species Act. The state Fish and Game Commission voted to give the owls candidate status and temporary protection, expected to last 12 to 18 months while the California Department of Fish and Wildlife conducts a species status review. Once the review is complete, the commission will vote on granting the species protection as threatened or endangered under California law. The western burrowing owl, the only species of owl that nests underground, has been removed or almost eliminated from about a third of its former range in the state. Strongholds for the owls include the Imperial Valley, with some 4,000 breeding pairs, as well as the southern Central Valley.
Please see our recent alert for more details on the decision and its potential impact on development projects.
News
California strips Norwalk of state funds over homeless shelters ban
NBC Los Angeles – October 3
Norwalk will no longer be able to receive state funds for housing or homelessness, Governor Gavin Newsom announced last Thursday, saying the city is violating state housing laws by banning homeless shelters. Newsom’s office added the city is losing its housing element certification, a plan that frames a city's housing goals and needs. State officials also accused Norwalk of taking almost $29 million in funds for homelessness and housing even as it tries to prevent future homeless shelters and transitional housing.
The loss of housing element certification will subject Norwalk to the so-called Builder’s Remedy under the Housing Accountability Act. Please see our recent alert for more information about the Builder’s Remedy and the Builder’s Remedy Reform bill (AB 1893) recently approved by Governor Newsom.
Berkeley will further study rules for selling rental housing
Berkeleyside – October 1
The Berkeley City Council last Monday declined to take up legislation that would have overhauled the way rental properties are sold to help tenants and nonprofits acquire those buildings. Instead, council members voted to ask city staff to study a variety of options for more limited ways Berkeley could change rules for selling rental housing, including a San Francisco policy that helps nonprofits buy apartments and a requirement to notify tenants before buildings go on the market.
States scramble to shore up loss of low-cost housing
The Orange County Register – October 7
While Americans continue to struggle under unrelentingly high rents, as many as 223,000 affordable housing units across the U.S. could be yanked out from under their tenants in the next five years. The units were built with the Low-Income Housing Tax Credit, or LIHTC, a federal program established in 1986 that provides tax credits to developers in exchange for keeping rents low. However the buildings typically only need to be kept affordable for a minimum of 30 years. For the wave of LIHTC construction in the 1990s, those deadlines are arriving now.
Newsom vowed to build housing on state property. 99% of the land will stay vacant
KQED – October 8
Shortly after Governor Gavin Newsom entered office, he issued an executive order that directed state agencies to assess more than 44,000 parcels to determine their suitability for development. But as it turned out, only 46 of those 44,000 parcels were developable. Of those, 19 have concrete plans for development, and one has finished construction. Last week, Newsom announced the most recent project under his executive order: a 372-unit apartment building that will be built on top of an outdated San Francisco DMV office.
Huntington Beach voters will decide if residents should have stronger say in future housing plans
The Orange County Register – October 3
Huntington Beach could put future housing decisions in the hands of residents if voters approve a proposed charter amendment in the November election. Measure U, which was placed on ballots by a City Council majority, would require city-initiated zoning changes with a “significant and unavoidable” environmental impact to get voter approval before they could be implemented. Proponents of the measure say it would put important decisions that permanently change the city in the hands of residents. Critics have said the measure would add costs and red tape for city zoning to get updated and is a decision that councilmembers are elected to determine.
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