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California Environmental Quality Act Real Estate Development

Perkins Coie

City’s Greenhouse Gas Emissions Threshold for Delivery Warehouse was Supported by Substantial Evidence

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The court upheld a mitigated negative declaration for a parcel delivery warehouse project, finding, among other things, that the threshold of significance and baseline used in preparing the MND were supported by substantial...more

Holland & Knight LLP

California's 2025 Housing Laws: What You Need to Know

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As in previous years, California saw a significant volume of new housing legislation emerge from Sacramento in 2024. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) This...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

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In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Meyers Nave

2024 California Developers’ Toolkit: Density Bonus Law, Housing Laws, & Strategies for Success

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The California Legislature has continued to refine the Density Bonus Law over the years, making important updates to housing laws that impact developers across the state. Recent legislative changes include key updates on...more

Miller Starr Regalia

Ninth Circuit Squashes RICO Lawsuit Seeking Federal Remedy For Abusive and Extortionate CEQA Litigation

Miller Starr Regalia on

Litigation abuse is all too familiar to those engaged in the herculean task of getting new development approved in California.  See, for instance, Jennifer Hernandez’s 2022 report for the Center for Jobs & the Economy, titled...more

Downey Brand LLP

Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit

Downey Brand LLP on

In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”)...more

Greenberg Glusker LLP

Stronger Building Standards and Impacts on Property Insurance, Development Financing, and Affordability:

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As climate change continues to shape the real estate landscape, developers and insurers alike are feeling the impact. Stronger building standards, aimed at mitigating risks from wildfires, floods, and sea level rise, may...more

Brownstein Hyatt Farber Schreck

Another Year, Another Full Slate of Housing Bills in California

On Thursday, Sept. 19, Gov. Newsom signed a package of housing bills designed to address the housing crisis affecting California. Below is a brief summary of key bills....more

Allen Matkins

“Builder's Remedy" Reform Bill Approved by Governor Newsom

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On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 1893 (Wicks), which significantly modifies the “Builder’s Remedy” under the Housing Accountability Act (Government Code section 65589.5 et seq.) (HAA),...more

Allen Matkins

Governor Newsom Approves Key Housing Bill: AB 2243

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On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more

Allen Matkins

Sustainable Development and Land Use Update - 8.29.24

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Governor Gavin Newsom on Tuesday signed two new bills that aim to boost housing supply and further address the state’s homelessness crisis....more

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

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The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Allen Matkins

Sustainable Development and Land Use Update 8.12.24

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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...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Perkins Coie

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

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Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use...more

Coblentz Patch Duffy & Bass

California Supreme Court Upholds UC Berkeley’s Long Range Development Plan and People’s Park Housing Project Approvals

The California Supreme Court recently upheld the Environmental Impact Report (“EIR”) for the Long Range Development Plan (“LRDP”) for the University of California Berkeley (“UC Berkeley”) and a controversial housing project...more

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

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“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

Allen Matkins

Sustainable Development and Land Use Update 5.28.24

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Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend...more

Allen Matkins

Recently Effective & Pending State Housing Laws - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the legislation...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Holland & Knight LLP on

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Allen Matkins

Sustainable Development and Land Use Update 3.28.24

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Alston & Bird

Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in...more

Allen Matkins

Pending AB 2011 Amendments Hold Promise For Housing Developers

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Allen Matkins

Developer Prevails in Builder's Remedy Lawsuit

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The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot...more

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