In response to developers’ continued cry for meaningful reform, changes to or exemptions from the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA) are often included in numerous bills during any California legislative session. 2022 proved to be no exception. While many bills suffered slow deaths in committee, a handful successfully made it to the Governor’s desk and were signed into law. Continue Reading 2022 CEQA Legislative Recap
The zeitgeist of pandemic-era American politics has been ugly. Really ugly. In an environment where civil disobedience skews uncivil, how do we balance the quintessentially American freedom of speech with the public participation requirements in the Ralph M. Brown Act (“Brown Act.”)? Senate Bill 1100 provides some guidance.Continue Reading Will Newsom’s Nicety Bill Curb Disruptive Behavior During Public Hearings?
At the end of the 2020 legislative session, California Governor Newsom signed Senate Bill 288 (Wiener)[1] (SB 288) into law. SB 288, amends the California Environmental Quality Act (CEQA), streamlining the environmental review process for: (i) specific transportation-related projects, including bus rapid transit projects, light rail service projects, construction or maintenance of charging or refueling stations for zero-emission buses; (ii) projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians; (iii) city or county projects designed to minimize parking requirements; and (iv) similar transportation oriented projects. Specifically, SB 288 designates these projects necessary to facilitate development of sustainable transportation alternatives and related infrastructure, encouraging broader use of sustainable transit throughout the state. Due to this designation, SB 288 exempts these projects from CEQA review as categorical exemptions beginning January 1, 2021. SB 288 is slated to sunset on January 1, 2030. In addition, SB 288 extends the existing exemption for bicycle transportation plans (including restriping of streets and highways, bicycle parking and storage, signage, and related improvements to intersection operations) from the existing sunset date[2] to January 1, 2030.
Continue Reading SB 288: Sustainable Transportation and the “Road to Recovery” for Post-COVID Air Pollution and Unemployment Concerns
MAY 8, 2020 – UPDATE: The final version of the New Ordinance has been signed by Mayor Gracetti and takes effect May 12, 2020.
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California Senate Bill (“SB”) 899, introduced in March by Senator Scott Wiener and currently in the Senate Housing, Environmental Quality, and Governance and Finance Committees, would exempt eligible affordable housing projects and mixed use projects on property owned by religious institutions and nonprofit medical facilities from review under the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.) (“CEQA”) and provide for other permit streamlining. Eligible entities include nonprofit hospitals, diagnostic or treatment centers, rehabilitation facilities, and nursing homes, as well as religious institutions. As Senator Wiener noted, “religious and charitable institutions often have land to spare, and they should be able to use that land to build affordable housing and thus further their mission. SB 899 ensures that affordable housing can be built and removes local zoning and approval obstacles in order to do so.” These eligible organizations may partner with a qualified nonprofit developer or local public entity to construct the affordable housing developments.
Continue Reading Proposed Legislation Aims to Boost Affordable Housing on Land Owned by Religious Institutions and Nonprofit Hospitals
On a unanimous vote yesterday, May 6, 2020, the Los Angeles City Council passed an ordinance (“New Ordinance“) amending rules in the Los Angeles Municipal Code that temporarily prohibit the eviction of residential and commercial tenants in the City of Los Angeles for failure to pay rent due to COVID-19. Notably, the New Ordinance would extend the prohibition period on evictions. The original period was previously limited to the local emergency period as declared by Mayor Eric Garcetti. For residential tenants, the new prohibition period would extend to include the “Local Emergency Period” plus 12 months after the end of such period. And for commercial tenants the new period prohibiting evictions would extend through the Local Emergency Period plus 3 months after the end of the emergency period. Please note that the final version of the New Ordinance was not available with the Council Clerk file as of the time of publication given that the ordinance was the subject of several amendments as it was considered by Council during yesterday’s virtual hearing that went into the evening. Also, these amendments will not take effect until Mayor Garcetti signs the New Ordinance, which is expected to be completed in short order.
Continue Reading Los Angeles City Council Passes Ordinance to Expand Temporary Tenant Protections
On Friday, March 27, 2020, the Los Angeles City Council adopted an emergency ordinance (Ordinance No. 186585) (“Ordinance”) with sweeping protections for commercial and residential tenants. Yesterday afternoon, March 31, 2020, Mayor Eric Garcetti of Los Angeles signed the Ordinance, which became effective immediately.
Continue Reading Emergency Tenant Protections Take Effect in the City of Los Angeles
On March 22, 2020, the Chief Executive Officer of Dallas County, Texas (County Judge Clay Jenkins) issued a “Stay Home Stay Safe” order for residents of Dallas County. The Order takes effect at 11:59 p.m. on March 23 and continues until midnight on April 3rd.
Continue Reading Go Home, Dallas: County Enacts “Shelter in Place” Order in Wake of Pandemic
Public awareness regarding air pollution in the European Union is at an all-time high and citizens expect authorities to act. In this vein, the European Commission[1] has recently taken a number of direct and indirect actions, including engagement of the Court of Justice of the EU, enforcement measures against car manufacturers and a Europe-specific “Green Deal,” to stem the tide of rising air pollution and become the world’s first climate-neutral continent by 2050.
Continue Reading EU is Taking Action: The Fight for Clean Air
Fourth Annual California EB-5 Conference Featuring Keynote Speaker Congressman Bob Goodlatte.
Sheppard Mullin is proud to announce that both John Tishler and Michael Gibson will be participating as panelists at the event, which is designed for an array of attendees, including those interested in the EB-5 program for project finance or immigration purposes. The 2015 California EB-5 Conference will offer attendees access to both advanced and introductory level panels on pertinent EB-5 program topics, ranging from EB-5 financing for real estate development to complex immigration legal issues, all of which will be discussed in detail by expert EB-5 industry speakers.
Continue Reading Upcoming Speaking Engagement
Tuolumne Jobs & Small Business Alliance v. Wal-Mart Stores, Inc., et al. (8/7/14, S207173)
The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: (1) the Elections Code, which requires at most an abbreviated review, provides the exclusive process regarding voter initiatives, (2) the legislative body does not have to obtain full CEQA review before it can directly adopt a voter initiative, and (3) a full CEQA review would be incompatible with the requirements of the Elections Code. The court’s conclusion highlights the judiciary’s staunch protection of the initiative process.Continue Reading No CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters
Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP (Cal. Supreme Court., 07/03/2014, S208173)
On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building . . . even when they do not actually build the project or exercise control over construction.” (Emph. added.)Continue Reading Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price