HCD Updates SB 35 Exemption List, with Only 42 Jurisdictions The Department of Housing and Community Development released a list of 42 cities and counties that have met their Regional Housing Needs Assessment (RHNA) for affordable housing and no longer subject to the state's streamlined ministerial approval process under SB 35. Mendocino, Santa Clara, Sonoma and San Bernardino Counties are the only counties to make the list. Also included in the list are the 251 statewide cities and counties which have not met their Above Moderate Income and Lower Income RHNAs and/or have not submitted their 2021 Housing Element Annual Progress Report, and are subject to streamlined approval processes for proposed projects with at least 10% affordability. Another 246 jurisdictions have made insufficient progress towards their Lower Income RHNA and are eligible for streamlined approval process for developments with at least 50% affordability. If they also do not have sufficient progress towards their Above Moderate income RHNA, they are subject to streamlining for projects with at least 10% affordability as well. San Francisco Supervisors Rejects Townhouse Development over Environmental Concerns San Francisco's Board of Supervisors overturned , on a 7-4 vote, the city Planning Commission's decision a proposed redevelopment of a single-family Nob Hill home did not need an environmental review under state law following community members' objections to the development. Neighbors said the redevelopment of the property -- which would include 10 townhomes on the single plot -- will cast a shadow over a local public recreation center primarily used by low-income and older residents as their only green space. Opponents of the project also stated the redevelopment site has contaminated socials that could negatively impact the health of the surrounding community The vote returns the question of the project's environmental impact back to the city Planning Commission for further study. The vote is another in a series of rejections of redevelopments that would increase density in the housing-starved city. (See related CP&DR coverage.) San Mateo Grand Jury Questions Cities' Inclusion of ADUs in Housing Elements A San Mateo County Civil Grand Jury reports multiple wealthy cities in the area are resisting higher density affordable apartments by listing accessory dwelling units (ADUs) in their state housing plans. The report recommended the county and cities should stop listing ADUs to meet state mandated housing of very low-, low- and moderate-income housing until confirming how those ADUs will be used and utilizing a monitoring system every two years. The Grand Jury report stressed the possibility of unregulated use, like renting the ADUs to friends and families, exacerbating patterns of segregation and housing needs not meeting those of larger families. The report claims the cities are misusing a recent change to state housing law that ADUs can count towards Regional Housing Needs. Only two cities in San Mateo County have state-approved housing elements at the time of the report. Study Links Homelessness with Housing Shortage A new study out of UC San Francisco confirms California's housing shortage is the core issue of its homelessness crisis, and homelessness often leads to or worsens alcohol and drug dependencies, mental health issues and violence. The study used both surveys and in-depth interviews, the first large-scale study to do so and the largest study of homelessness since the mid-1990s. The study draws a portrait of homelessness otherwise unavailable, finding nine out of ten people experiencing homelessness in the state lost their last housing within the state, and 75% of participants live in the same county as where they last had proper housing. Participants overwhelmingly experienced previous stress and trauma, with almost 72% of participants experiencing physical violence and 24% experiencing sexual violence over the course of their lives. Most people studied lost their homes due to low income and high housing costs. Those who had leases reported a median of 10 days notice that they were going to lose housing, and non-leaseholders reported a median of one day notice. The study included six policy recommendations, including access to extremely low-income housing, expanding homelessness prevention methods, behavioral needs support, increase of income through employment support, increase of outreach services and utilizing a racial equality approach in all methods from prevention to treatment. CP&DR Legal Coverage: EIR Decertification; Wildfire Mitigation; Cannabis Retail A deeply divided Huntington Beach city council voted 4-3 to explore decertifying a specific plan's 2010 environmental impact report - a move that no city has ever undertaken and for which there is no process under state law. Community Development Director Ursula Luna Reynosa said she had not found a process for decertification in the CEQA guidelines and further stated that until the level of development exceeds the amount analyzed in the EIR, it is probably not “obsolete”. When UC Berkeley decided to undertake a plan to reduce wildfire risks, it got sued by two different local groups. They wanted opposite outcomes - one wanted more clearing of non-native trees and the other less - but they both challenged the university's environmental impact report on similar grounds. A First District Court of Appeal panel has overruled an Alameda County Superior Court judge and concluded that the EIR was fine. Among other things, the appellate court said UC did not have to state precisely how many trees would be removed as part of its plan of “variable density thinning”. The City of Pomona decided that cannabis-related businesses were not materially different in their land use and environmental impacts than other similar businesses - and that's okay with the Court of Appeal. Quick Hits & Updates Ridership of the Sonoma-Marin Area Rail Transit (SMART), the light rail connecting Marin and Sonoma counties, reported ridership levels 102% of May 2019 rates while Bay Area Rapid Transit reported 41% of May 2019 ridership. SMART leadership attributes their financial success with cutting fare and parking fees while creating more lines and added trains. The National Low Income Housing Coalition released their annual study on the discrepancies between earned income and the price of housing in every state, county, metropolitan area and combined non-metropolitan areas in the US. California is ranked number one for the highest housing wage, with individuals having to earn $42.05 an hour to afford a two-bedroom rental, and someone must work 109 hours per week while earning minimum wage to afford a two-bedroom rental home. With a looming "fiscal cliff" for Bay Area transit agencies, a group of state lawmakers proposed a $1.50 increase to tolls on seven state-owned bridges in the area, with the increased funds going directly to transit systems. The bill has already garnered opposition from commuters and lawmakers, claiming the increase would financially burden drivers. The current mayor and four former mayors of San Jose wrote a letter to Major League Baseball Commissioner Rob Manfred asking the league to suspend the San Francisco Giants' territorial rights to the area to create an avenue for a baseball team in San Jose. Since 1990, the San Francisco Giants' have had territorial rights to Santa Clara County and previously blocked the Oakland A's potential move to San Jose. Following Westfield mall's announcement they will shutter their Downtown San Francisco location, Mayor London Breed proposed various new uses for the property including a soccer stadium, laboratory and office. She indicated the city will push Westfield's owner to consider new avenues for the property. A new poll from a number of prevalent nonprofits and organizations found more than 40% of California residents are considering moving out of the state, with half of that number of residents expressing they are considering it "very seriously." Another almost half of people polled report they struggle to save money or pay for unexpected expenses. The study also found about 70% of people say they are happy living here, citing diversity, job opportunities and nice seasons. The Oceanside City Council denied two separate appeals filed by a Covina nonprofit claiming the approved apartment building and research and development facility did not adequately address impacts on wildlife and residents, including the use of formaldehyde in building products. The two projects were both separately approved earlier this week and were recommended for approval by the city's Planning department. An independent performance audit of San Diego City's infrastructure project approval process found the city often approves projects prematurely and without vetting and two-thirds of those projects experience some sort of delay and budget increase. A new plan , approved unanimously by the Long Beach Planning Commission and awaiting approval by state officials, would add more pedestrian access, bike ramps, parking, bike parking and dock access to the popular shopping and tourist destination Shoreline Village. Construction would begin November 2024 and end two years before the 2028 Olympics, with the hopes the area will be a visitor destination.

Google to Develop Major Mixed-Use Project in Mountain View The Mountain View City Council unanimously approved Google's 30-year plan for 7,000 new homes, 3 million square feet of office space and upwards of 26 acres of parks and open space in the city's North Bayshore area. Some council members are concerned over the number of affordable homes included in the plan. The plan originally included 1,400 of thee 7,000 planned homes to be affordable, but in a March 2023 master plan, the number of affordable homes diminished by 350. Google cited financial reasoning behind the decision. The project is the largest development ever approved in the area. Presently, aside from a mobile home park in the area, North Bayshore has remained a suburban office park. The project aims to create a complete neighborhood, with a zoning amendment in 2017 to accommodate. Newsom Proposes $4.68 Billion for Mental Health Treatment, Homeless Housing Governor Newsom proposed a legislation package including a $4.68 billion bond and modernization of the 2004 Mental Health Services Act (MHSA) for voter approval on the March 2024 ballot, dedicated to building 10,000 new beds in new treatment campuses and facilities. The plan is designed in part to alleviate the state's homelessness crisis, and it calls for housing and behavioral health treatment in unlocked, community-based settings . Prior to the March 2024 ballot vote, two-thirds of lawmakers would need to approve the two bills. MHSA taxes 1% on income more than $1 million for mental health services with a proposed change to allow counties to spend 30% of funding from housing taxes for additional mental health and addiction resources. The act would also, in addition to bond funding, would revise the name to the Behavioral Health Services Act. California Cities Get Mixed Reviews in Walkability Ranking Smart Growth America's Foot Traffic Ahead (FTA) report found most metropolitan cities grew in walkable urban areas, ranking San Francisco as fifth in the country for walkable areas and Los Angeles as eighth of the 35 major cities studied. The study identifies changes in walkability in these 35 cities since 2019. The report used Los Angeles as a case study, highlighting the discrepancies in race and income, as well as income-segregated neighborhoods, ranking the city last on its Social Equity Index despite its wide range of walkable areas. The study found that 19.1% of the total U.S. real gross domestic product and 6.8% of the U.S. population are located in walkable urban places that represent just 1.2% of total landmass of the top 35 U.S. cities. The report seeks to present information on walkability publicly for advocates, community members, policymakers and researchers. The report ranks Sacramento 24th and San Diego 28th. The top spot went to New York City; the bottom spot went to Las Vegas. Study Identifies Publicly Owned Sites for Homeless Housing in Los Angeles The Committee for Greater L.A., a group of civic, business and philanthropy leaders, commissioned a study of 126 publicly-owned sites for shelter and permanent housing across the city, keeping pressure on Mayor Karen Bass and her pledge to build 1,000 beds in her first year of office. The nonprofit Center for Pacific Urbanism conducted the study to create the committee's new public, online database identifies sufficient parcels owned by a City of Los Angeles public agency or other public agencies. The 126 parcels were identified out of over 2,800 publicly owned parcels citywide. The suitability of sites was evaluated using a mixed methods approach that combines GIS spatial analysis tools, qualitative data from stakeholder interviews, a literature review of best practices, precedent studies, and architectural feasibility reviews on an individual site-by-site basis. The study proposes a timeline of six months to produce over 1,000 beds. Mayor Bass responded she has her own timeline and database of over 3,300 land parcels, with 500 interim beds submitted to Governor Newsom with a completion goal of July 2024. Some of the proposed sites in the study, like the site of the former Oso Elementary in the West Valley, have already faced public outcry over potential homeless housing. CP&DR Coverage: Summary of Pending Builder's Remedy Cases Statewide Santa Monica may have settled its builder's remedy cases . Redondo Beach and Huntington Beach may be resisting the whole idea of a builder's remedy. But in several other jurisdictions around the state, developers are trying to use the builder's remedy to move their projects forward. In many cases, the applications are being made by developers who have been trying to obtain approval for many years. In some cases, they are adding multifamily affordable units to a single-family proposal in order to qualify. By one count, more than two dozen builder's remedy cases are pending around the state. But more are popping up each week, mostly in expensive and traditionally slow-growth cities such as Palo Alto, Santa Barbara, Fairfax and Claremont. Quick Hits & Updates The Office of Planning & Research published final guidelines and application materials for the Regional Resilience Grant's first round of funding. Applicants must submit their complete applications on August 29, 2023. OPR staff are hosting eight application workshops to support applicants with navigating the Final Guidelines and completing the RRGP application. The California Department of Housing and Community Development (HCD) issued a warning and June 22 deadline to respond to the city of La Cañada Flintridge after the city council once again denied a builder's remedy application. The city claims they are not eligible for builder's remedy projects since the adoption of their Housing Element, although unapproved by HCD. The Santa Clara County Local Agency Formation Commission postponed its decision on Gilroy's potential annexation of 55 acres of land for the third time this year, slotted for 307 residential units. In a letter to the commissioners at the Santa Clara County Local Agency Formation Commission, the Executive Director strongly recommend the commissioners vote against the annexation. A new poll of Sacramento, El Dorado, Placer, Sutter, Yolo and Yuba counties found housing affordability a large concern of residents, as almost half of the poll do not describe their neighborhood as affordable. 64% responded there has been an "increased cost of housing." The poll also found reliance on personal vehicles in the area remains high, with a vast majority of respondents stating they mainly use a personal vehicle. A preliminary proposal in San Jose could result in an added 1,000 residential units at the site of a former casino, closed restaurant and a number of other businesses. The 10.3-acre site would be bulldozed for the project, and would include 13,000 square feet of ground-floor commercial space. Nevada Governor Joe Lombardo signed a bill granting $380 of public money to the Oakland A's for the construction of a new ballpark, the day after the Nevada legislature approved the deal. The deal solidifies the A's departure from Oakland. The receivership appointed two months ago to manage the largest nonprofit Skid Row housing provider is at risk of insolvency . The receivership oversees 1,500 tenants across 29 properties requested emergency action and support from a Los Angeles County Superior Judge in obtaining funds to cover $1.7 million in unpaid bills. An Apple co-founder will sell his 14,100-acre ranch in Carmel Valley to the Wildlands Conservancy for $35 million. The Wildlands Conservancy plans to open the ranch to the public for free, creating an open preserve the size of the city of San Francisco. Amid mounting opposition, the San Diego Planning Commission voted unanimously to delay implementing state Senate Bill 10, pushing the continuation to August. The bill could allow up to ten units on one parcel of land within a half-mile of a major transit stop, but would be permanent once implemented and not allow the commission to reduce the density. (See related CP&DR coverage .) Irvine City leaders indicated they will look into creating a new housing agency dedicated to affordable housing following concerns the Irvine Community Land Trust is not keeping up with affordable housing needs. In the last development cycle, Irvine built 20,000 more new units than any other city in Orange County, while the land trust has only created 475 affordable units since 2006. Huntington Beach secured a $25 million reimbursement from the Department of Finance following a 2018 lawsuit alleging the state did not reimburse the city for projects falling under the state's former redevelopment program . The court ruled the state owed the city for a $22.4 million loan issued in 1988 plus interest. City officials see the reimbursement as "a win" against the state as ongoing legal battles persist over state housing policy. The state's Department of Finance announced they will not appeal the ruling.

Short-term vacation rental owners in South Lake Tahoe didn’t make a good enough case to get a trial on the question of whether they vested right to operate, an appellate court has ruled. In an opinion that involved a Cook’s tour through 50 years of vesting litigation, the court wrote: “The ministerial nature of plaintiff’s members’ permits did not entitle the members to renewal. Any vested rights the members may have had in their permits were limited by their permits’ terms and conditions, including the one-year expiration date .”

The City of San Diego should have conducted an environmental analysis prior to placing an initiative on the ballot that eliminated the longstanding 30-foot height limit in the Midway district, the Fourth District Court of Appeal has ruled.

In a potentially important case, an appellate court has ruled that the City of Oakland has the power to impose additional impact fees on a developer many years after the city and developer signed an agreement laying out the amount and schedule of fees on the project. The court concluded that the city cannot “contract away” its power to impose fees later. “Even interpretation of the Agreement were correct, any provisions in the Agreement that bar the City from imposing its new impact fees on the Project are untenable and cannot be enforced,” the First District Court of Appeal wrote. “That is because any such provisions would be an invalid infringement on the City’s police power.” The case deals with an Oakland-specific 2005 agreement titled “Agreement for Payment of City Fees and Reimbursement of Specialized Consultant and Employee Services,” which was signed by both parties as part of the Conditions of Approval for the project’s approval. But it could have broader implications – specifically for the state’s 40-year-old development agreement law, which undergirds hundreds of developments in the state but has always been viewed as potentially legally vulnerable because of the “contracting away” risk.

Based on two recent reports coming from different quarters, it’s a little difficult to figure out what’s going on with litigation under the California Environmental Quality Act these days. But the bottom line appears to be that where you stand depends on where you sit. One study was published by the environmentally oriented Rose Foundation and the other by the Chapman University’s law review. Both are followups to previous reports by the same folks, and not surprisingly they reach different conclusions about the impact of CEQA litigation. The Rose Foundation report, which can be found here , finds that “CEQA moves California forward in its efforts to advance environmental justice, combat climate change, and protect its most precious natural areas and monuments.” The Chapman University article, which can be found here , finds that “CEQA today is about protecting the status quo by stopping housing, and ‘those people,’ and all the infrastructure ‘they’ need.” Which, if you think about it, are not mutually exclusive conclusions, but there is little room in either study to accommodate that idea. The authors of the two reports – each expert in their discipline – could not be more different. The Smith-Heimers are real estate economists with long experience conducting quantitative analysis. (Janet Smith-Heimer was the found of the firm now known as BAE.) Jennifer Hernandez is a highly respect – if very aggressive – Bay Area developers’ lawyer with the law firm of Holland & Knight. Indeed, the formats were very different as well, with the Smith-Heimer report looking like a conventional economics report and the Hernandez study published as a law review article (though it was based in part on previous Holland & Knight studies that were more quantitative). So, not surprisingly, the Smith-Heimers use more quantitative analysis and Hernandez uses more individual case studies. The Smith-Heimers criticize Hernandez for relying too much on “anecdote.” But they too draw broad qualitative conclusions using case studies, for example providing individual examples to back up their assertion that CEQA often leads to safer and more environmentally friendly housing projects. On one basic fact, the Smith-Heimers and Hernandez agree, which is how many CEQA lawsuits are filed each year. The answer is somewhere between 170 and 200 on average. The Smith-Heimer report did a long view on the frequency of lawsuits and found that the number has not fluctuated much over the past 20 years. (They also compared the number of lawsuits to the state’s population, though the chart in their report somewhat disingenuously alters the axis scale for population but not for the number of lawsuits.) Between 2019 and 2021, the two reports agree, slightly more than 500 lawsuits were filed, or about 170 per year. The Smith-Heimers count 508, while Hernandez counts 512.

New Newport Beach Development Can Rely On Old EIR

The City of Pomona decided that cannabis-related businesses were not materially different in their land use and environmental impacts than other similar businesses – and that’s okay with the Court of Appeal.

State Awards $33 Million in Grants to Prohousing Cities The California Business, Consumer Services, and Housing Agency and Department of Housing and Community Development awarded $33.2 million in grants from the Prohousing Incentive Pilot (PIP) Program to 18 jurisdictions that have achieved the Prohousing Designation. HCD awards the Prohousing Designation to cities and counties that demonstrate a commitment to tackling California's housing and homelessness challenges by enacting Prohousing policies including, but not limited to, streamlining multifamily housing development, up-zoning in places near jobs and transit to reduce emissions, and creating more affordable homes in places that historically or currently exclude households of color and those earning lower incomes. The cities of Los Angeles and San Diego received the largest awards -- $5 million and $4.9 million, respectively. They were roughly double the next largest awards. The City of Sacramento ($2.5 million), Oakland, Fresno, Riverside, and San Diego County all received awards between $2.0 and $2.5 million. (See related CP&DR coverage .) San Francisco Adopts Ordinance to Hasten Adaptive Reuse The San Francisco Board of Supervisors unanimously approved measures to ease zoning restrictions and expedite the process and requirements for converting existing commercial buildings and flexibility for use. The restrictions for commercial buildings date back to when Union Square retailers intended to preserve upper floors of retail spaces for more expensive stores. The new zoning ordinance allows the upper floors to convert to offices, service, design and additional retail use. Ground floor zoning will now allow indoor and outdoor entertainment areas. The zoning amendments also allows for ease of converting offices to housing, a concept many believe will be a solution to Downtown San Francisco's decreased foot traffic. The Board of Supervisors President said in a statement the city will gauge interest block-by-block in Downtown to understand what building owners may be interested in converting retail spaces, while also offering connections between them to potential tenants or organizations. (See related CP&DR coverage .) California Cities Get Mixed Reviews in Walkability Ranking Smart Growth America's Foot Traffic Ahead (FTA) report found most metropolitan cities grew in walkable urban areas, ranking San Francisco as fifth in the country for walkable areas and Los Angeles as eighth of the 35 major cities studied. The study identifies changes in walkability in these 35 cities since 2019. The report used Los Angeles as a case study, highlighting the discrepancies in race and income, as well as income-segregated neighborhoods, ranking the city last on its Social Equity Index despite its wide range of walkable areas. The study found that 19.1% of the total U.S. real gross domestic product and 6.8% of the U.S. population are located in walkable urban places that represent just 1.2% of total landmass of the top 35 U.S. cities. The report seeks to present information on walkability publicly for advocates, community members, policymakers and researchers. The report ranks Sacramento 24th and San Diego 28th. The top spot went to New York City; the bottom spot went to Las Vegas. San Diego County Adopts Measures to Promote Housing The San Diego Board of Supervisors approved a number of measures to streamline housing development and increase housing projects in unincorporated areas of San Diego. The measure targets housing types like workforce, subsidized and emergency shelters, attempting to remove barriers. The city's Planning and Development Services director said the measures can guarantee building permit review times and provide financial incentives for development. The vote also includes a $14.5 million budget to implement the policy changes. Additionally, the measures include the plan to develop policies for tiny homes, pre-approved home planes and upgraded information technology over the next one- to three-year period. CP&DR Coverage: Do More Housing Laws Equal More Housing? For the past six years, legislators have worked feverishly to pass laws designed to ease the state's housing supply crisis . In total, over 100 bills have passed since the 2017 legislative season. While many lawmakers have taken victory laps, the question remains, have these laws worked as intended? The Terner Center for Housing Innovation at UC Berkeley recently took on that question, producing a report entitled, “New Pathways to Encourage Housing Production: A Review of California's Recent Housing Legislation.” CP&DR's Josh Stephens recently spoke with the Terner Center's Ben Metcalf about what the report says about the legislature's fecundity and the future of housing bills. Quick Hits & Updates Smart Growth America's newest study of local complete streets policies found Sacramento as 10th strongest the country by reducing traffic violence, improving health equity in their community and roadways, responding to the climate crisis and amending historic inequities of transportation. Following San Bernardino's decision to cut ties with selected developers for the large Carousel Mall redevelopment project, the state Department of Housing and Community Development announced they will no longer pursue legal action against the city. The state's lawsuit previously claimed the city violated state law in their process of choosing a developer for the project, and did not make the property available for affordable housing. A San Diego grand jury concluded the City Council's plan to utilize developer money from wealthy neighborhoods for infrastructure project in low-income areas lacks details. The grand jury did not comment on the legality or fairness of the plan, but stated the city needs concrete details on the implementation of shifting funds. The U.S. Supreme Court declined to hear oil companies' challenge to 2019 federal court orders halting fracking off the California coast, leaving the ban in place. The federal ban applies to water three miles off the coast, while Governor Newsom signed an executive order banning all fracking permits within three miles of the coast starting next January. Both Cudahy and Buena Park recently adopted rent control and other ordinances aimed at protecting tenants. Cudahy adopted an ordinance prohibiting landlords from evicting tenants for renovations without first obtaining city permits. Buena Park adopted two ordinances, one capping annual rent increase at 3% and another offering relocation services for residents evicted without cause. Think thank California Forward released a report with recommendations to voters and policy-makers to maximize federal infrastructure funding within the state, hoping to create equitable and climate-conscious infrastructure projects. According to the report -- written in collaboration with Governor Newsom's office -- the state can create $180 billion worth of infrastructure and approximately 400,000 jobs. California could lose between 25% and 70% of state beaches by 2100 if climate change is not addressed, according to a yet-to-be published study by researchers at the U.S. Geological Survey. The beaches face risks of coastal erosion and higher sea levels, potentially erasing up to two-thirds of state beaches. A San Jose judge ruled against the Santa Clara Valley Water District and their plans for a $2.8 billion dam, concluding the district violated CEQA in its initial geological analysis. This decision follows numerous hurdles for the project, including a lack of secured funding and political opposition. Governor Newsom signed Assembly Bill 341 , creating a 20 year moratorium on new cardrooms in the state. Already-stablished cardrooms with less than 20 gambling tables can add an addition ten during the moratorium. The decision sides with indigenous tribes in the state in an attempt to not oversaturate the gambling market. The developer behind the supportive housing piece of UC Berkeley's proposed student housing development at People's Park left the project, citing court delays. A spokesperson for the project said the recent court decision halting the $312 million project sets a dangerous precedent for affordable housing by dictating developers research the environmental impact of the "type" of resident occupying a building and their noise levels. San Jose is moving forward in a plan to utilize robotic shuttles between San Jose Mineta International Airport and Diridon Station. The City Council initially approved the project partially funded by the city with an investment firm fronting some other costs. The project has already received pushback from transit unions. According to a report by the American Lung Association, 98% of Californians live in communities with unhealthy levels of smog or fine particles. The Greater Los Angeles County area remains the smoggiest metropolitan city in the country. The city received an F grade again for air quality by the Association. A new report by the Congress for New Urbanism highlights ten campaigns in North America to transform highways into walking spaces. The report showcased efforts behind the removal efforts of Interstate 980 in Oakland. The city, Caltrans and neighborhood organizations are planning and studying for a future without the freeway, which negatively impacts the surrounding environment and residents.

Given recent history, it’s not surprising that the University of California gets sued by Berkeley environmentalists and neighbors no matter what it does. So when UC decided to undertake a plan to reduce wildfire risk on the Berkeley campus, it got sued by not one but two different local groups. They wanted opposite outcomes – one wanted more clearing of non-native trees and the other less – but they both challenged the university’s environmental impact report on similar grounds.

Santa Monica may have settled its builder’s remedy cases . Redondo Beach and Huntington Beach may be resisting the whole idea of a builder’s remedy. But in several other jurisdictions around the state, developers are trying to use the builder’s remedy to move their projects forward. In many cases, the applications are being made by developers who have been trying to obtain approval for many years. In some cases, they are adding multifamily affordable units to a single-family proposal in order to qualify.

Thirteen years after it was originally adopted, Huntington Beach’s Beach and Edinger Corridors Specific Plan remains a hotbed of controversy, with a new City Council and housing advocates seemingly at odds over how the two corridors should be developed.