Sustainable Development and Land Use Update 6.20.24

Allen Matkins
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Pending “Builder’s Remedy” bill significantly amended in Senate

Bullet Allen Matkins – June 18

AB 1893 (Wicks) is currently making its way through the state legislature and would modify the Builder’s Remedy under the Housing Accountability Act. This legal alert summarizes the significant amendments made to AB 1893 in the Senate on June 10, 2024. AB 1893 is an attempt to “modernize” the Builder’s Remedy by providing clarity to developers, local jurisdictions, and courts to avoid the “legal limbo” described by Attorney General Rob Bonta. As part of that compromise, significant new requirements would be imposed on Builder’s Remedy projects, including a new “cap” on residential density where no codified limit currently exists.


News

San Jose to allow property owners to sell ADUs

Bullet NBC Bay Area – June 13

In an effort to tackle California’s affordable housing crisis, San Jose will allow property owners to sell ADUs on their property. San Jose becomes the first city in the state to move forward with the effort after the Legislature passed AB 1033 last year. The ADU ordinance was approved by the City Council on July 18.


Residents petition against high-density friendly zoning in Milpitas neighborhood

Bullet The Mercury News – June 17

Plans to prepare a south Milpitas neighborhood for hundreds of new affordable housing projects is facing pushback by locals. More than 550 community members living near Landess Avenue (west of Interstate 680) have signed a petition urging the City Council to reject plans to rezone the avenue as a neighborhood for mixed-use development. The proposed zoning designation would allow commercial, retail, and affordable housing units to be built alongside existing businesses.


Coastal Commission extends ruling on Newport Beach flood zones

Bullet Los Angeles Times – June 14

The deadline for a decision on whether or not Newport Beach will be allowed to establish new development standards for 166 properties between 24th and 48th streets as part of its local coastal program has been postponed another year. The state Coastal Commission approved an extension last Friday as part of a consent action item. In a report prepared for last June’s meeting, city staff said compliance with new standards set forward by the Federal Emergency Management Agency would present challenges for new developments.


Proposed tax on gas-powered large buildings will go to voters in Berkeley

Bullet Utility Dive – June 11

Voters in Berkeley will decide this November whether the city should tax large buildings that use natural gas after community organizers collected enough signatures to get a measure on the ballot. The “Fossil Free Berkeley Ballot Measure” is in part a response to a federal appeals court’s 2023 decision to strike down Berkeley’s first-in-the-nation ban on gas hookups in new construction, according to one of the organizers behind the measure.


Shasta tribe will reclaim land long buried by a reservoir on the Klamath River

Bullet Arizona Republic – June 18

As work proceeds to remove four dams along the Klamath River, more than the salmon runs will be restored: The lands long buried by the now-drained reservoirs will be reclaimed by the people who were robbed of them more than 100 years ago. The Shasta Indian Nation celebrated on Tuesday as Governor Gavin Newsom returns about 2,800 acres of the tribe’s most sacred and culturally important lands that were drowned by the Copco I dam in the early 20th century.

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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.

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