In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal overturned the trial court and held that the City of Livermore (City) City Clerk was required to process a referendum challenging the decision by the City to enter into a development agreement (Project) with Eden Housing, Inc.
affordable housing
Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that…
Petitioner Required To Post Bond For Costs Incurred As A Result Of Delay In Carrying Out Affordable Housing Project In Livermore
In Save Livermore Downtown v. City of Livermore (2022) 87 Cal.App.5th 1116, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it approved a 130-unit affordable housing project (Project) in the downtown area. The Project was found to be exempt under CEQA…
Approval Upheld for Lafayette Affordable Housing Project Delayed for a Decade
In a partially published opinion in Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it. The Court held that the applicant could…
In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law and Orders Streamlined Approval of Mixed-Use Infill Project
On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City of Berkeley erred in finding a mixed-use development project ineligible for SB 35 streamlining. Because the project met…
SB 50 “Equitable Communities Incentive” Would Exempt Affordable Housing Developments in “Job-Rich” and “Transit-Rich” Areas from Certain Zoning Standards
California State Senator Scott Wiener (D–San Francisco) has introduced Senate Bill 50, the More Housing Opportunity, Mobility, Equity, and Stability (“HOMES”) Act, which establishes the “equitable communities incentive.” This incentive would allow developers to bypass certain local zoning restrictions when building multi-family units that are near transit or employment opportunities in exchange for allocating a …
Governor Brown Signs Pro-Density, Pro-Housing Bills to Close Legislative Session
In the last evening of the last legislative session of his governorship, California Governor Jerry Brown signed two bills directed at increasing housing availability in the State. He signed each September 30, 2018 with no instructive message.
Senate Bill 828, proposed by San Francisco Democratic Senator Scott Wiener, requires local governments to report more data…