On September 16th, hot off the heels of surviving California’s latest recall effort, Governor Gavin Newsom signed legislation aimed at addressing the statewide housing crisis – a critical topic leading up to last week’s election.  The suite of bills, Senate Bills (SB) 8, 9 and 10 and Assembly Bill (AB) 1174, coupled with the recently announced California Comeback Plan, carry the potential to expand housing production, streamline permitting and promote density closer to major employment hubs.

Continue Reading California Enacts New Legislation to Combat Growing Housing Crisis, But Not Without Controversy

In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project approval as an unconstitutional taking.  More specifically, the Court found that El Dorado County’s Measure E, which was adopted in 2016 and amended the County of El Dorado general plan (General Plan) to require developers to fund traffic improvements prior to the issuance of discretionary approvals needed to develop the remainder of the project, would require a development pay more than its fair share.
Continue Reading Mandate to Provide Traffic Improvements Prior to Project Approval Struck Down

Governor Gavin Newsom recently signed into law Senate Bill (SB) 7, the “Housing + Jobs Expansion & Extension Act”, which extends and expands California Environmental Quality Act (CEQA) streamlining provisions.  As previously discussed in our February blog post, “California Senate Returns Its Focus to Housing in 2021-2022 Legislative Session,” SB 7 is the first bill from the Senate’s “Building Opportunities for All” housing package to be signed and enacted this year.  SB 7 extends through 2025 the streamlined CEQA administrative and judicial review procedures developed for Environmental Leadership Development Projects (ELDPs) under Assembly Bill (AB) 900 in 2011. AB 900 established a process to expedite legal challenges for large housing, clean energy, and manufacturing projects with a capital investment of at least $100 million.  In an effort to increase housing and job opportunities in California, SB 7 expands streamlining eligibility to smaller affordable housing projects.  Specifically, housing projects on infill sites with an investment between $15-$100 million that meet specified labor and environmental standards and include at least 15 percent affordable housing are now eligible under SB 7.  SB 7 also clarifies that the deadline to resolve legal challenges to ELDPs under the expedited judicial review process is 270 days from the filing of the certified record of proceedings, including appeals to the court of appeal and the Supreme Court.
Continue Reading Senate Bill Extends and Expands CEQA Streamlining Process

On Wednesday, June 2, the Los Angeles City Council’s Public Safety Committee voted to proceed with expanding Fire District 1 after receiving a report produced by the Department of Building and Safety, Fire Department, and City Planning Department.  The report analyzed the potential impacts of the expansion of Fire District 1, which prohibits certain construction types in limited areas of the City of Los Angeles, such as Downtown and Hollywood.  The report concluded that the expansion of Fire District 1 would result in an increase in construction and materials cost and would likely reduce the financial feasibility of affordable housing projects and result in fewer projects throughout the City.
Continue Reading Los Angeles City Council’s Public Safety Committee Votes to Move Forward with Expanding Fire Rating Requirements for New Construction

On November 3, 2020, California voters decided a number of state and local tax-related ballot measures.[1]  The most significant tax increase, the property tax “split roll” initiative, and some other local tax increases were defeated.  However, overall voters were willing to approve a number of meaningful tax increases—especially San Francisco voters.  Following is an overview of statewide and notable local tax measures and referrals decided by the voters.
Continue Reading The Results Are In – California State and Local Tax Ballot Measures

While the results are yet to be certified, it is clear, a week after Election Day, that Californians have rejected both Proposition 15 – The California Schools and Local Communities Act of 2020 (“Prop. 15”)[1] and Proposition 21 – Rental Affordability Act (“Prop. 21”).[2]  Despite this most recent response from the electorate, it is likely that real property tax “reform” and rent control will continue to be a topic of conversation during the next legislative cycle and appear on future ballots.
Continue Reading California Voters Reject Ballot Measures Related to Rent Control and Property Tax

Governor Gavin Newsom just signed a number of housing bills into law that were passed by the Legislature this session ending on August 31, 2020.  Due to the severe scheduling constraints placed on lawmakers by the COVID-19 pandemic among other challenges, the Legislature was only able to pass a small number of bills related to housing and tenant protections, despite beginning the year with over 100 bills under consideration.  Most notably, some of the most ambitious pieces of legislation including five of the bills in the State Senate’s Housing Production Package all failed to pass before the midnight deadline on August 31, 2020.  We will continue to monitor the Legislature’s efforts to spur additional housing production in California as we head into the Fall recess and the new legislative session starting on December 7, 2020.  Below is a summary of the bills signed by the Governor on August 28, 2020.  These bills take effect on January 1, 2020, unless otherwise noted.
Continue Reading California Housing Legislation 2020

Under current California law, commercial real property owners are required to state in every lease agreement whether the property leased has undergone inspection by a Certified Access Specialist (“CASp”) and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards. [California Civil Code Section 1938].  Effective immediately, additional commercial lease accessibility disclosures are required.
Continue Reading Commercial Lease Alert: New Access Law Disclosure Requirements In Leases Effective January 1, 2017