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Barbara Machado

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Barbara Machado is an associate in the Real Estate, Energy, Land Use & Environmental Practice Group in the firm's San Diego (Downtown) office.

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California Senate Bill 92 (“SB 92”), introduced in January 2025 by Senator Catherine Blakespear and having been passed by both the California State Assembly and State Senate was approved by the Governor on October 10, 2025. SB 92 amends California’s Density Bonus Law (Government Code Section 65915 et seq.) (“SDBL”) to limit a developer’s ability to apply for concessions, incentives, and waivers of development standards for mixed-use projects that include nonresidential uses.Continue Reading Legislature Adopts Bill to Limit Density Bonus Law Benefits for Mixed-Use Projects

On June 16, 2025, the San Diego City Council voted 5-4 to cap the number of Accessory Dwelling Units (ADUs) that can be built on single-family lots. The decision reverses the City’s 2020 implementation of a program allowing developers to build a nearly unlimited number of ADUs—a robust incentive previously heralded as a solution to the City’s burgeoning housing affordability crisis. This program rollback reflects local jurisdictions struggles in addressing the lack of affordable housing supply and meeting Housing Element requirements while facing stark community opposition to high-density development.Continue Reading San Diego ADU Incentive Rollback Sheds Light on California Housing Woes

On July 10, 2023, California Governor Gavin Newsom signed into law a package of bills intended to accelerate critical infrastructure projects across the State aimed at achieving monumental climate and clean energy goals while also creating up to 400,000 jobs. With the goal of “building more, faster,” this infrastructure streamlining package will take effect immediately, and includes portions of Newsom’s previously proposed infrastructure package reforming the California Environmental Quality Act (CEQA)[1].Continue Reading Build More, Faster? Newsom Signs Infrastructure and Budget Legislation 

On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines section 15183, finding that the program required no additional environmental review. The decision in Lucas v. City of Pomona is noteworthy for the appellate court’s broad interpretation of the statutory exemption,[1] holding that (i) the City’s zoning ordinance, General Plan Update, and environmental impact report (EIR) that do not address “density” may be exempt under CEQA Guidelines section 15183, and (ii) uses, including cannabis-related uses, that are not literally included in land use plan documents, may be determined to be sufficiently similar to existing and defined land uses allowed by underlying zoning.Continue Reading Commercial Cannabis Permit Program and Overlay District Statutorily Exempt Under CEQA Guideline Section 15183

On May 19, 2023, California Governor Gavin Newsom proposed a legislative package of 10 bills reforming the California Environmental Quality Act (CEQA) intended to speed up construction of clean energy projects by streamlining regulations for solar, wind, and battery storage projects, transit and regional rail infrastructure projects, water storage projects, and the Delta Tunnel plan. The proposed measures were designed as mechanisms to accelerate such projects to completion in order to maximize California’s share of federal infrastructure dollars available through the Infrastructure Investment and Jobs Act and Inflation Reduction Act (IRA) and expedite the implementation of projects that meet the state’s ambitious economic, climate, and social goals.Continue Reading CEQA Reforms for Clean Energy Projects: Still Possible Despite Senate Budget Committee Rejection?