Focus

California building boom? A new law promised big, but has yet to deliver in the Bay Area

KQED – April 6

Housing advocates touted the “Builder’s Remedy” as a clever way to circumvent NIMBY politics and get more housing built. But in the two months since the law has been available to Bay Area developers, few have submitted proposals. In a survey of more than 30 Bay Area cities, five have received Builder’s Remedy applications: San Jose, Mountain View, Los Altos Hills, Fairfax, and Brentwood. If they move forward, the nine projects would total 1,203 units, of which 250 would be affordable. In contrast, Southern California cities have received 26 applications totaling more than 8,600 homes — almost 2,000 of them affordable. The difference, said UC Davis law professor Chris Elmendorf, is a growing reticence to use the law in the Bay Area.

As discussed in our prior alert, the Builder’s Remedy applies when a local jurisdiction has not adopted a revised Housing Element in compliance with state law, in which case the local jurisdiction cannot deny a qualifying housing development project even if it is inconsistent with the general plan and zoning ordinance (subject to limited exceptions).

News

Newsom, Bonta strike back at Huntington Beach decisions to reject housing plan

Press-Telegram – April 10

California Governor Gavin Newsom and Attorney General Rob Bonta are seeking a court order punishing Huntington Beach for its two-time vote rejecting a state-required housing plan, calling for the suspension of the city’s authority to issue building permits and a court order giving the city four months to adopt a housing plan. The state motion, filed on April 10, amends a March 8 lawsuit over previous city actions barring duplexes and secondary housing units (called in-law units or ADUs) in single-family neighborhoods. The City Council since rescinded those bans, rendering the state lawsuit moot.

Court rules in favor of Coronado in ADU lawsuit; nonprofit files appeal

The Coronado Times – April 6

A lawsuit accusing Coronado of illegally restricting the construction of accessory dwelling units (ADUs) has concluded, with the court ruling in the city’s favor. The case was brought against the city in 2021 by Californians for Home Ownership (CHO), a nonprofit advocacy group. CHO appealed the ruling, but an appeal date has not yet been set. The original case argued that City of Coronado illegally “adopted a practice of refusing to permit ADUs with new, single-family homes.”

Neighborhood groups sue to block San Diego’s new policy allowing high-density housing farther from transit

The San Diego Union-Tribune – April 12

Local groups that advocate for single-family homeowners are suing San Diego in an effort to block a new city effort to jump-start production of high-rise housing and backyard apartments. A lawsuit filed Friday by the groups seeks to overturn a 5-4 City Council vote in February to soften rules allowing taller apartment buildings and more backyard units when a property is near mass transit. Developers of dense projects have been required to find sites within half a mile of mass transit, but the new rules double that distance to one mile — making thousands more acres eligible for projects that critics argue may change neighborhood character. The lawsuit says city officials failed to properly analyze potential impacts on air quality, noise, traffic, aesthetics, and wildfire risk, as required under the California Environmental Quality Act.

California Fish & Wildlife moves to protect greater sage grouse

Courthouse News Service – April 6

The California Department of Fish and Wildlife has recommended that the greater sage grouse receive protections under the state's Endangered Species Act, after reviewing a 2022 petition from an environmental group. The sage grouse faces risk of disappearing in California due to habitat loss and fragmentation from land development, mining, invasive species, wildfire, climate change, and off-road vehicle use. Many subpopulations have numbers below the minimum population threshold, which the state says makes them increasingly isolated and at imminent risk of disappearing.

More changes for Inglewood's $1.8-billion people mover

Urbanize Los Angeles – April 10

In the face of community pushback, the City of Inglewood has dropped plans to demolish a Vons supermarket on Manchester Avenue as part of its proposed automated people mover system, and will instead pursue an alternate location for its vehicle maintenance facility. To date, Inglewood has secured more than $760 million in funding for the project, which has an estimated total price tag of $1.85 billion. Should the project secure federal funding, construction could begin in 2024, with the system operating by the time the Summer Olympic Games return to Los Angeles in 2028.