Sustainable Development and Land Use Update 6.10.24

Allen Matkins
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California Supreme Court ruling to allow UC Berkeley student housing at historic People's Park

Bullet CBS News – June 6

A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. In February 2023, a state appeals court in San Francisco had sided with the opponents, who had alleged that more students living in downtown Berkeley would add noise pollution to an already dense area. In response to the Court of Appeal decision, state lawmakers passed a new law, signed in September by Gov. Gavin Newsom, that eliminated "social noise" pollution from the list of environmental impacts to be considered for purposes of the California Environmental Quality Act. While the new law was making its way through the legislature, the university appealed. The California Supreme Court on Thursday ruled that the new law enacted in 2023 invalidates the petitioners' claims.


News

San Diego moves ahead with sweeping plans to urbanize neighborhoods

Bullet The San Diego Union-Tribune – May 30

The San Diego Planning Commission has approved aggressive new growth blueprints for the Hillcrest and University City neighborhoods. The blueprints, which aim to double the populations of both neighborhoods within 30 years, now move to the City Council's housing committee in mid-June and then the full council for final approval in July. The Planning Commission's unanimous vote came despite ardent opposition from many residents in both neighborhoods. The Planning Commission also unanimously approved a related proposal that would change San Diego's citywide blueprint for growth to prioritize climate-friendly housing opportunities near jobs, schools, and mass transit.


Proposed rule offers new process for agency enforcement of lake or streambed alteration agreements

Bullet Allen Matkins – May 30

On May 3, 2024, the California Department of Fish and Wildlife (CDFW or Department) published a Notice of Proposed Action (Proposed Rule) to update its regulations for Lake or Streambed Alteration Agreements (LSAAs). The Proposed Rule establishes a new process for CDFW's suspension and revocation of an LSAA in the case of permittee noncompliance. The proposed rule is open for public comment until June 18, 2024, at which time CDFW will hold a public hearing to take written or oral statements from the public.


Measure to slow development in Silicon Valley commuter county qualifies for ballot

Bullet The Mercury News – June 2

As housing prices in the Bay Area have continued to surge, more development in San Benito County is bringing a new generation of commuters, a need to build new schools and stores, and losses of orchards and farmlands to become suburbs — not unlike what happened in Santa Clara County in the 1950s and 1960s, some say. Napa, Sonoma, and Ventura counties already require voter approval to change the zoning and develop orchards, ranchlands, vineyards, and farms. Backers of a November ballot measure say San Benito County needs that protection also.


One of every 5 new homes built in California last year was an ADU

Bullet The Orange County Register – May 30

In recent years, the state of California has seen an explosion in ADUs. In 2023, one out of every five homes built in the state was an ADU, according to recently released state data. Only three years ago, they represented just one in every 10 new units. Since 2017, the California state Legislature has passed several bills lowering the ADU building barriers. Most notably, AB 68, authored by San Francisco Democratic Assemblymember Phil Ting and passed in 2019, sped up the approval process from 120 days to 60 and prohibited local officials from imposing requirements around lot size and parking.


Development streamlining sails through San Mateo Planning Commission

Bullet The San Mateo Daily Journal – May 30

San Mateo is implementing some of the development policies outlined in its newly adopted housing element by removing third party design requirements and reducing notification requirements for certain housing projects. The city's housing element was approved earlier this month, with part of the document stipulating the creation of more streamlined approval guidelines, especially for residential projects that adhere to objective design standards. As part of the updates, third party design reviews for large projects — such as those that are three stories or higher, or residential buildings with six or more units — are no longer required, particularly those that adhere to the city's objective design standards, most recently updated at the end of last year.

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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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