New Rules and Legislation

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

The California Legislature has passed AB 1482 providing for comprehensive statewide residential rent control and eviction protections and sent it to the Governor for signature, which is expected. Commencing January 1, 2020, AB 1482 prohibits a landlord of a residential property from increasing the gross rental rate more than five percent (5%) plus the percentage change in the cost of living, within a 12-month period. AB 1482 also requires a landlord to evict a tenant only for “just cause” if the tenant has occupied the property for more than 12 months. AB 1482 will be effective only until January 1, 2030.  However, AB 1482 also contains exemptions from the rent cap and just cause eviction provisions.
Continue Reading Statewide Residential Rent Control Passed In California

On June 17, 2017, the State Water Resources Control Board (State Board) published proposed amendments to the Ocean Plan and the water quality control plan for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean Waters of California to adopt procedures for discharges of dredged or fill material to waters of the state that are not protected by the federal Clean Water Act (CWA).  In addition to the proposed amendments, the State Board also published a detailed staff report and a separate comparison of the new “State Supplemental Dredged or Fill Guidelines” to the CWA’s Section 404(b)(1) Guidelines, which requires sequencing of impacts to avoid, minimize, and mitigate impacts to waters.  Two workshops and a public hearing are scheduled in June and July, with the public comment period ending on August 4, 2016.  The proposal is tentatively scheduled to be considered by the State Board in the fall of 2016.
Continue Reading California Proposes Adopting New Permitting Program for Wetlands and Waters of the State

On June 4, 2016, two new Los Angeles ordinances will go into effect under the Clean Up, Green Up (CUGU) initiative.  The initiative aims to improve air quality and residential quality of life in areas with high concentrations of industrial uses.  The new laws will impose additional citywide code requirements, and create new development standards in three CUGU Supplemental Use Districts: Boyle Heights, Wilmington, and Pacoima/Sun Valley.
Continue Reading New LA Ordinances “Clean Up, Green Up” Industry in Residential “Toxic Hotspot” Neighborhoods

The City of Los Angeles Department of Building and Safety (DBS) has released its list of wood frame soft-story buildings that may be required to undergo mandatory retrofitting.  The list can be obtained by request to DBS, and the LA Times has provided a searchable version of the list here.  The publication of the list follows on the heels of the Los Angeles City Council’s enactment of an ordinance requiring mandatory earthquake retrofitting for non-ductile concrete buildings and wood frame soft-first-story buildings in October of 2015.
Continue Reading UPDATE – City of Los Angeles Releases List of 13,500 Soft First Story Buildings Targeted for Earthquake Retrofitting