Author: rnicbrown
Council and Committee Referral – Friday, March 22, 2024
23-0038-S4 CD 1, 6, 8, 9, 13, 14, 15 |
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To Housing and Homelessness Committee Los Angeles Housing Department report, dated March 11, 2024, relative to requesting authority to admit nine projects into the new United to House LA (ULA) Accelerator Plus Program to expedite the development of affordable housing. |
03/26/2024 10:00 AM – Recess – Los Angeles City Council Meeting
Protected: Subscriber Special Content: Pending AB 2011 Amendments Hold Promise For Housing Developers
03/27/2024 10:00 AM – Recess – Los Angeles City Council Meeting
East San Fernando Valley Transit Neighborhood Plan
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Protected: Subscriber Special Content: Developer prevails in Builder’s Remedy lawsuit
Council and Committee Referral – March 18, 2024
23-1264-S1 CD 2 |
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To Planning and Land Use Management Committee City Attorney report R24-0119, dated March 15, 2024, relative to draft Ordinance to establish the District NoHo Sign District. |
15-0719-S26 | ||
To Public Works Committee To Transportation Committee Department of Transportation supplemental report, dated March 14, 2024, relative to Mobility Plan 2035 implementation in compliance with Measure HLA. |
Council and Committee Referral – Friday, March 15, 2024
23-0002-S104 | ||
To Rules, Elections and Intergovernmental Relations Committee Resolution (Rodriguez – Soto-Martinez) relative to including in the City’s 2023-24 State Legislative Program a position on AB 2550 (Gabriel), which would allow small neighborhood restaurants to operate without drinking fountains, allow small businesses to operate without separate gender restrooms and instead allow gender-neutral restrooms, and provide clarity on required protective services for outdoor food preparation. |
Accessory Dwelling Units (ADUs) / Certificate of Occupancy / Amnesty Program / Unpermitted ADUs / Garage Conversions
CF 16-1468-S1
Los Angeles Department of Building and Safety Report with recommendations relative to identifying and reporting the proper mechanism and documentation necessary for waiving the requirement of a Certificate of Occupancy as the basis for accessory dwelling units (ADU) conversions and the development of an ADU Amnesty Program, and related matters.
Fiscal Impact Statement: No
Community Impact Statement: Yes
Against: Chatsworth Neighborhood Council
Studio City Neighborhood Council
03/13/2024 10:00 AM – Recess – Los Angeles City Council Meeting
Council and Committee Referral – Wednesday, March 13, 2024
23-0038-S4 | ||
To Budget, Finance and Innovation Committee To Housing and Homelessness Committee Los Angeles Housing Department report, dated March 11, 2024, relative to requesting authority to admit nine projects into the new United to House LA (ULA) Accelerator Plus Program to expedite the development of affordable housing. |
03/12/2024 10:00 AM – Recess – Los Angeles City Council Meeting
Council and Committee Referrals – 03/12/202
23-0172 CD 5 |
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To Housing and Homelessness Committee Department of City Planning report, dated March 8, 2024, relative to the recommendations of developing a local zoning Ordinance for affordable housing development on sites owned by religious institutions and properties owned by faith-based institutions located in Council District 5 |
22-1566 | ||
To Planning and Land Use Management Committee City Administrative Officer report 0220-06178-0000, dated March 11, 2024, relative to the fiscal impact to prepare and adopt a Climate Action and Adoption Plan. |
Citywide Housing Incentive Program
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Protected: Subscriber Special Content: Biden administration to boost affordable housing programs, supply of manufactured homes
Protected: Subscriber Special Content: California could fast-track homeless housing under state bill
Council and Committee Referral – Tuesday, March 05, 2024
24-1200-S6 | ||
To Planning and Land Use Management Committee Mayor report, dated March 4, 2024, relative to withdrawing Mr. Juan Aquino from consideration for appointment to the City Planning Commission |
Council and Committee Referral – Friday, January 19, 2024
15-0389-S2 | Neighborhood councils | |
To Neighborhoods and Community Enrichment Committee To Rules, Elections and Intergovernmental Relations Committee Motion (Park – Hernandez) relative to instructing the Department of Neighborhood Empowerment, with the assistance of the City Attorney, to explore the feasibility of granting community councils the same privileges as those afforded to neighborhood councils under the Los Angeles Administrative Code which should include an overview of legal and charter considerations, in addition to Brown Act compliance |
Protected: Subscriber Special Content: New Office Development Still Awaiting Recovery
Four L.A. City Council members look to incentivize larger family housing
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Bullet MyNewsLA – February 9
Last Friday, four Los Angeles City Council members introduced a motion to incentivize developers to build more large-family housing across the city. Council President Paul Krekorian, alongside council members Nithya Raman, Eunisses Hernandez, and Katy Yaroslavsky are calling for an increase of rental units with three or more bedrooms for multi-generational families, and allow seniors who have adequate care to stay with their loved ones. If the full council approves the motion, the Department of City Planning will prepare an ordinance to establish a new density bonus for large-family units in multi-family buildings.
Protected: Subscriber Special Content: Senator Wiener introduces bill to streamline housing development in San Francisco’s coastal zones
02/27/2024 10:00 AM – Cancelled – Los Angeles City Council Meeting
Michael Newhouse / Los Angeles City Planning Commission / Commission Appointment
24-1200-S5 AT CITY COUNCIL 02.28.2024
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the appointment of Michael Newhouse to the Los Angeles City Planning Commission (LACPC).
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Michael Newhouse to the LACPC for the term ending June 30, 2024, is APPROVED and CONFIRMED. Appointee currently resides in Council District 11 and will fill the vacancy created by the departure of Samantha Millman. (Current composition: M = 2; F = 6; Vacant = 1)
Financial Disclosure Statement: Filed
Background Check: Pending
Community Impact Statement: None submitted
TIME LIMIT FILE – MARCH 25, 2024
(LAST DAY FOR COUNCIL ACTION – MARCH 22, 2024)
Council and Committee Referral – Friday, February 23, 2024
23-1264-S1 CD 2 |
District NoHo Specific Plan | |
To Planning and Land Use Management Committee City Attorney report R24-0078, dated February 22, 2024, relative to a revised draft Ordinance to establish the District NoHo Specific Plan. |
Council and Committee Referral – Thursday, February 22, 2024
22-0120 | Expediting the permitting process for electric vehicle charging stations | |
To Planning and Land Use Management Committee Department of Building and Safety report, dated February 21, 2024, relative to streamlining and expediting the permitting process for electric vehicle charging stations (EVCS). |
Redevelopment Plan Procedures Reinstatement Ordinance
Industrial Sector Paints a Mixed Outlook in 2024 and Beyond
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February 21, 2024
The industrial sector is going to be a mixed picture over the next three years. While development activity remains strong, supply is expected to grow faster than demand, signaling that new development will eventually begin to cool. E-commerce is currently a primary driver of new industrial development, with the use of artificial intelligence (“AI”) and the corresponding demand for data center space becoming a rising influence, ahead of cold storage and electric vehicle facilities. Drew Emmel, Partner at Allen Matkins, and Chris Rising, Co-Founder & CEO of Rising Realty Partners, discuss the factors influencing these trends as part of the Winter 2024 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey.
City Council Motions – February 21, 2024
pg. 7 Nuisance abatement-related enforcement in the City of Los Angeles has, over time, grown to include multiple layers of disjointed departmental review and responsibility in the matters relating to the enforcement of nuisance proceedings and abatement for vacant parcels, lots, uses, materials, buildings, and other circumstances. A clear understanding of which body has authority or involvement in various nuisance abatement proceedings can help the Council legislate ways to restructure and streamline this matter.
Council and Committee Referral – Wednesday, February 21, 2024
24-0196 | Nuisance abatement proceedings | |
To Public Works Committee Motion (McOsker, et al. – Lee, Padilla) relative to requesting the City Attorney, in consultation with the Chief Legislative Analyst, report on the administration, enforcement, governance, implementation, and oversight of nuisance abatement proceedings in the Los Angeles Municipal Code and the Los Angeles Administrative Code. |
Council and Committee Referrals – Friday, February 16, 2024
23-1264-S1 CD 2 |
Ordinances to establish the District NoHo Specific Plan. | |
To Planning and Land Use Management Committee City Attorney report R24-0069, dated February 15, 2024, relative to draft Ordinances to establish the District NoHo Specific Plan. |
14-1378-S1 | Cultivation of produce for use on-site and sale, or distribution | |
To Trade, Travel and Tourism Committee Motion (McOsker – Hernandez) relative to requesting the City Attorney to prepare and present a draft ordinance to amend Los Angeles Municipal Code Section 12.03 to allow for the cultivation of produce for use on-site and sale, or distribution on or off-site, restricted to every other week, on Saturday or Sunday, for no more than four hours. |
Council and Committee Referral – Wednesday, February 14, 2024
24-1200-S6 | Mr. Juan Aquino to the City Planning Commission | |
To Planning and Land Use Management Committee Mayor report, dated February 13, 2024, relative to the appointment of Mr. Juan Aquino to the City Planning Commission, for the term ending June 30, 202 |
Council and Committee Referrals – Friday, February 09, 2024
24-1200-S5 | Mr. Michael Newhouse to the Los Angeles City Planning Commission | |
To Planning and Land Use Management Committee Mayor report, dated February 9, 2024, relative to the appointment of Mr. Michael Newhouse to the Los Angeles City Planning Commission, for the term ending June 30, 2024. |
24-0147 | New density bonus for large family units in multi-family buildings | |
To Planning and Land Use Management Committee Motion (Krekorian – Raman, et al.) relative to instructing the Department of City Planning to prepare and present a Ordinance that would establish a new density bonus for large family units in multi-family buildings, and incorporate the provisions listed into the City’s Housing Element of the General Plan. |
Los Angeles City Planning Commission signs off on new zoning for the Harbor community plans
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Bullet Urbanize Los Angeles – February 8
After completing updates for four different community plans in 2023, the City of Los Angeles is looking to pick up the pace in 2024. On February 8, the Los Angeles City Planning Commission voted to approve the Harbor LA Community Plan update – the simultaneous amendments of the Wilmington and Harbor-Gateway community plans. The Planning Department expects that the new rules will accommodate up to 47,200 homes, versus 36,275 under current conditions. Growth in the Harbor plans would be steered into “Opportunity Areas,” which comprise approximately 6 percent of the total plan land area.
Council and Committee Referral – Tuesday, February 06, 2024
24-0124 | Constructed covenanted affordable housing units in unsubsidized, mixed income projects created through Transit Oriented Communities | |
To Housing and Homelessness Committee Motion (Yaroslavsky, Raman – Harris-Dawson) relative to directing the Housing Department, with assistance from the Department of City Planning, to report on the procedures governing the marketing and tenant selection for newly constructed covenanted affordable housing units in unsubsidized, mixed income projects created through Transit Oriented Communities, Density Bonus and similar programs. |
01/26/2024 10:00 AM – Cancelled – Los Angeles City Council Meeting
Newsom administration makes progress on tiny home promise
Read: Article
Nearly a year ago, Governor Gavin Newsom promised to deploy 1,200 tiny homes to help shelter the state’s growing population of homeless residents. Now, the state has chosen who will build those tiny homes and what they will look like — but there’s still no word on when people will be able to move in. Now that the contracts have been awarded, other cities not included in this state program can use their own funds to purchase the tiny homes without going through a lengthy process of seeking bids from multiple vendors.
L.A. Al Fresco Program
Due to the success of the temporary L.A. Al Fresco program, the City of Los Angeles has worked through a coordinated effort to establish a new, permanent program. Applications will become available beginning February 1, 2024.
To facilitate a smooth transition to the permanent program for existing Al Fresco participants, the following is now available:
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Temporary Use Authorizations for outdoor dining activities were automatically extended through July 31, 2024. This date will now be displayed on your certificates, which can be accessed and printed through your online application. Please read through the following step-by-step guide to access a PDF copy of your certificate(s). To do this, you must log in to the account that originally created your application. This temporary authorization will provide businesses a six-month period to attain a permit and become compliant with the new program.
The application portal for permanent Al Fresco dining will open on February 1, 2024. Businesses must complete the process in its entirety by July 31, 2024. Businesses are encouraged to apply early to allow for adequate time for application review and approval. Starting August 1, 2024, your temporary authorization will no longer be valid.
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Al Fresco Transition Guide
The City of Los Angeles has created an Online Transition Guidefor businesses, that outlines requirements, anticipated costs, and answers to most frequently asked questions. Requirements and processes will vary depending on the location of your business’s outdoor dining area: Sidewalk, On-Street (Curbside and Parking Lane), and/or Private Property.
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Al Fresco Assistance Helpline
The City is here to help businesses become compliant with the permanent program. City Departments are available to provide assistance depending on the location of your business’s Al Fresco area. |
Extension of Comment Period for Adoption of Updated CEQA Thresholds and Methodology for Construction Noise and Vibration and for Impacts to Historic Resources
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Protected: Subscriber Special Content: Housing advocates sue City of L.A. for stalling affordable housing near single-family homes
Processes and Procedures Ordinance
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Redevelopment Plan Procedures Reinstatement Ordinance / Process and Procedures Ordinance / Los Angeles Municipal Code (LAMC) / Amendment
CF 12-0460-S7 AT PLUM 01/16/2024
Exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Sections 15061(b)(3) and 15378(b)(5); report from City Attorney and draft Ordinance relative to reinstating Section 11.5.14 – Redevelopment Plan Procedures to Article 1.5 of the Los Angeles Municipal Code, Ordinance No. 187712, with technical modifications.
Fiscal Impact Statement: No
Community Impact Statement: None submitted
Parking Time Limits / Temporary Regulatory Relief / Local Businesses / Emergency Order Expiration / Los Angeles Municipal Code Section 16.02.1
CF 20-0380-S2 AT CITY COUNCIL 01/24/2024
CONSIDERATION OF RESOLUTION (BLUMENFIELD – McOSKER) relative to extending the provisions of Section 16.02.1 of the Los Angeles Municipal Code (LAMC), Relief from Specified Land Use Provisions, to provide temporary regulatory relief from certain time limitations and automobile parking provisions.
Recommendation for Council action:
RESOLVE to hereby extend the provisions of LAMC Section 16.02.1, Relief from Specified Land Use Provisions, to provide temporary regulatory relief from certain time limitations and automobile parking provisions during and for an additional 24-month period for a total of 36 months, after the termination or expiration of the local emergency order, as provided in that section.
Community Impact Statement: Yes
Against: Studio City Neighborhood Council
(Planning and Land Use Management Committee waived consideration of the above matter)
Motions – January 12, 2024
See: pg. 7 Nuisance Abatement as defined by state law and the municipal code is an area within policing and code enforcement that the City of Los Angeles and other jurisdictions use to ensure quality-of-life is maintained at a high standard, and rogue property owners and businesses are restricted or removed for non-compliance with life and health safety laws and regulations. The term refers to using building codes, fire codes, zoning, etc. in order to improve the quality of life and resolve these life and health safety issues within neighborhoods.
Council and Committee Referral – Friday, January 12, 2024
24-0050 | list of sensitive uses and ban their use for onsite retail commercial cannabis activity | |
To Planning and Land Use Management Committee Motion (Hutt – Rodriguez) relative to instructing the Department of City Planning to initiate amendments to Article V, Chapter X of the Los Angeles Municipal Code, to add nuisance abatement properties to the list of sensitive uses and ban their use for onsite retail commercial cannabis activity |
17-1071-S1 CD 3, 4 |
Ventura-Cahuenga Boulevard Corridor Specific Plan | |
To Planning and Land Use Management Committee Los Angeles City Planning Commission report, dated January 9, 2024, relative to the proposed amendments to the Ventura-Cahuenga Boulevard Corridor Specific Plan. |
Council and Committee Referral -Thursday, January 11, 2024
15-0719-S26 | Mobility Plan 2035 | |
To Transportation Committee Department of Transportation report, dated January 10, 2024, relative to implementation of Mobility Plan 2035 and street improvement measures. |
SB and AB – Critical State Housing Laws Approved by Governor Newsom
Governor Newsom recently approved multiple state housing bills passed by the State Assembly and Senate. The following is a summary of a few of the key bills that are expected to benefit multi-family, mixed-income housing developers.
SENATE BILL 423 – EXPANSION AND EXTENSION OF SENATE BILL 35
Governor Newsom signed SB 423 (Wiener) into law on October 11, 2023. SB 423, which goes into effect on January 1, 2024, extends the sunset provision for and makes other substantive changes to SB 35 (Wiener, 2017) (codified at Government Code section 65913.4). As explained in our prior legal alert, SB 35 provides for a streamlined ministerial (i.e., no CEQA) approval process for qualifying housing development projects in local jurisdictions that have not made sufficient progress towards their state-mandated Regional Housing Needs Allocation (RHNA), as determined by the California Department of Housing and Community Development (HCD).
SB 423 expands SB 35 to apply when a local jurisdiction fails to adopt a housing element in substantial compliance with state housing element law (regardless of RHNA progress), as specified and as determined by HCD. Under that circumstance, prior to calculating any density bonus, at least 10% of the dwelling units would need to be designated as very low income (rental) or low income (ownership), as defined, subject to any local ordinance requiring a higher percentage. Alternatively, in the San Francisco Bay Area (as defined), a minimum of 20% of the units could be designated as (lower) moderate income, as defined, subject to any local ordinance requiring a higher percentage or deeper level of affordability. SB 423 is expected to result in the increased production of multi-family, mixed-income housing since, as explained in our prior legal alert, multiple local jurisdictions are currently out of compliance with the state housing element law and could be out of compliance in future housing element cycles.
SB 423 also targets the City and County of San Francisco by increasing the frequency of its RHNA reporting period to every year, beginning in 2024. If HCD determines that San Francisco has not made sufficient progress toward its above-moderate income RHNA by that deadline, projects designating at least 10% of the units as affordable to lower-income households (versus 50%) would qualify for streamlined ministerial approval under SB 35, provided that all other applicable requirements would be met. According to this San Francisco Housing Needs Assessment, compared to the 2015-2023 reporting period, the total RHNA for San Francisco increased by 184% for the current 2023-2031 reporting period — including a target of 35,471 above-moderate income units (4,434 units annually). Recall that any higher local percentage requirements must be met, meaning that in San Francisco, 15% of the units must be designated as affordable (for projects approved between November 1, 2023 and November 1, 2026), as specified in San Francisco Ordinance No. 187-23.
To summarize, SB 423 also amends SB 35 as follows:
- Extends the sunset on SB 35 by ten years (from January 1, 2026 to January 1, 2036).
- Revises the coastal zone development prohibition to allow for projects in specified urban coastal locations (e.g., property not vulnerable to five feet of sea level rise or within close proximity to a wetland) where the property is zoned for multi-family housing and is subject to a certified local coastal program or a certified land use plan.
- Revises the fire hazard severity zone development restriction, as specified.
- Removes skilled and trained workforce requirements for projects below 85 feet in height and imposes modified skilled and trained workforce requirements, as specified, for projects at least 85 feet in height (as measured from grade).
- Requires projects with 50 or more dwelling units and using construction craft employees to meet apprenticeship program requirements and provide health care expenditures for each employee, as specified.
- Revises the required affordability level where at least 10% of the units must be designated as affordable (i.e., where a local jurisdiction has not made sufficient progress toward its above-moderate income RHNA) for (i) rental projects — from lower income (at or below 80% AMI) to very low income (at or below 50% AMI) and (ii) San Francisco Bay Area projects where moderate income units would be provided — from below 120% AMI and a required average of at or below 100% AMI to below 100% AMI and a required average of at or below 80% AMI.
- Requires determinations regarding compliance with applicable objective planning standards (as defined) to be made by the planning director (or any equivalent local government staff).
- Prohibits local governments from requiring compliance with any standards necessary to receive a post-entitlement permit (as defined) or other information (including technical studies) that do not pertain directly to determining whether the housing development project is consistent with applicable objective planning standards.
- Removes the planning commission (or equivalent board/commission) public oversight hearing provision (but retains the design review provision).
- Provides for the inclusive calculation of the total number of dwelling units for purposes of meeting SB 35 requirements where there are multiple projects on the same project site or on a site subdivided from a prior SB 35 project site, as specified.
- Clarifies that if a local affordable housing ordinance requires units that are restricted to households with incomes higher than the SB 35 income limits, then the units that meet SB 35 income limits shall be deemed to satisfy the local requirement.
SENATE BILL 4 – AFFORDABLE HOUSING ON FAITH AND HIGHER EDUCATION LANDS ACT OF 2023
Governor Newsom signed SB 4 (Wiener) into law on October 11, 2023. SB 4 provides for a streamlined ministerial (i.e., no CEQA) approval process for qualifying housing development projects, notwithstanding any inconsistent provision in the general plan, specific plan, zoning ordinance, or other regulation. The land must be owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, as defined.
To qualify, 100% of the units must be designated as affordable, exclusive of (i) manager units (no limit) and (ii) units allocated to staff of the institution that owns the land (up to 5% of the units). At least 80% of the housing units must be designated as affordable to lower income households (as defined) and up to 20% of the units may be designated as affordable to moderate-income households (as defined). The project must also satisfy most of the project site requirements already set forth under AB 2011 (operative as of July 1, 2023), as specified and modified by SB 4. For example, rather than flatly prohibiting housing units within 500 feet of a freeway (per AB 2011), SB 4 requires that specified air filtration must be provided for regularly occupied areas of the building.
Prevailing wages must be paid, and if the project consists of 50 or more dwelling units, health care expenditures and an apprenticeship program must be provided for construction craft employees, as specified.
SB 4 will sunset on January 1, 2036, unless extended before that date.
ASSEMBLY BILL 1287 – ADDITIONAL DENSITY BONUS UNDER STATE DENSITY BONUS LAW
Governor Newsom signed AB 1287 (Alvarez) into law on October 11, 2023. AB 1287 amends the State Density Bonus Law (Government Code section 65915) by incentivizing the construction of housing units for both the “missing middle” and very low income households by providing for an additional density bonus, and incentive/concession for projects providing moderate income units or very low income units.
First, the project must provide the requisite percentage of on-site affordable units to obtain the maximum density bonus (50%) under prior law: 15% very-low-income units, or 24% low-income units, or 44% moderate-income (ownership only) units (the “Base Bonus”). Second, to qualify for an additional density bonus (up to 100%) and an additional incentive/concession under AB 1287, the project must provide additional on-site affordable units, as specified (the “Added Bonus”). The Added Bonus may be obtained by adding moderate-income units to either a rental or ownership project, but that is capped at a total maximum of 50% moderate-income units. To illustrate:
- Rental Project. If the project includes 24% low-income units (50% Base Bonus) and 15% to 16% moderate-income units (50% Added Bonus), the project would now qualify for a 100% density bonus and three to four incentives/concessions, respectively.
- Ownership Project. if the “base” project includes 44% to 45% moderate-income units (50% Base Bonus) and 10% very-low-income units (38.75% Added Bonus), the project would now qualify for an 88.75% density bonus and three to four incentives/concessions, respectively.
ASSEMBLY BILL 1633 – EXPANSION OF HOUSING ACCOUNTABILITY ACT PROTECTIONS: CEQA
Governor Newsom signed AB 1633 (Ting) into law on October 11, 2023. AB 1633 closes a loophole in the Housing Accountability Act (HAA) (Government Code section 65589.5 et seq.) by establishing when a local agency’s failure to exercise its discretion under CEQA, or abuse of its discretion under CEQA, constitutes a violation of the HAA.
There have been instances where HAA-protected projects have been stymied by a local agency’s failure to approve or deny a project due to CEQA-related delays. For example, as explained in this letter from HCD to the City and County of San Francisco, the Board of Supervisors’ actions to decertify and remand an EIR back to the Planning Department based on vague concerns “exemplify a pattern of lengthy processing and entitlements timeframes” that “act as a constraint on housing development.”
To qualify under AB 1633, the project must be a “housing development project” under the HAA (see our prior legal alert for more information about the HAA) and meet the following requirements:
- The project site is located in an urbanized area, as defined.
- The project meets or exceeds a dwelling unit density of 15 units per acre.
- The project site is not located in a coastal zone, on certain types of farmland, on wetlands, on a hazardous waste site, within a delineated earthquake fault zone, within a special flood hazard area, within a regulatory floodway, on lands identified for conservation, or on habitat for protected species, as specified.
- The project site is not located in a high or very high fire hazard zone, as specified.
Under AB 1633, the following circumstances constitute “disapproval” of the project, in which case the local agency could be subject to enforcement under the HAA:
- CEQA Exemptions. If (i) the project qualifies for a CEQA exemption — and is not subject to an exception to that exemption — under the CEQA Guidelines based on substantial evidence in the record; (ii) the local agency fails to make a determination of whether the project is exempt under CEQA; and (iii) the local agency does not make a lawful determination, as defined, on the exemption within 90 days of timely written notice from the applicant, as specified. The local agency may extend that time period by up to an additional 90 days if the extension is necessary to determine if there is substantial evidence in the record that the project is eligible for the exemption sought by the applicant.
- Other CEQA Determinations. If (i) the project qualifies for a negative declaration, addendum, EIR, or comparable environmental review document under CEQA; (ii) the local agency commits an abuse of discretion, as defined, by failing to approve the applicable CEQA document in bad faith or without substantial evidence in the record to support the legal need for further environmental study; (iii) the local agency requires further environmental study; and (iv) the local agency does not make a lawful determination, as defined, on the applicable CEQA document within 90 days of timely written notice from the applicant, as specified.
AB 1633 does not address potential lead agency staff delays in the preparation of the CEQA document for the project in the first instance. AB 1633 also includes a limited exception to enforcement where a court finds that the local agency acted in good faith and had reasonable cause to disapprove the project due to the existence of a controlling question of law about the application of CEQA or the CEQA Guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval.
AB 1633 will sunset on January 1, 2031, unless extended before that date.
ASSEMBLY BILL 1485 – STATE ENFORCEMENT OF HOUSING LAWS
Governor Newsom signed AB 1485 (Haney) into law on October 11, 2023. AB 1485 grants the California Attorney General the “unconditional right to intervene” in lawsuits enforcing state housing laws, whether intervening in an independent capacity or pursuant to a notice of referral from HCD. Under prior law, the Attorney General and HCD were required to petition the court to be granted intervenor status and join a lawsuit, which can be a “lengthy and onerous process.”
ASSEMBLY BILL 1307 – CEQA: POPULATION GROWTH AND NOISE IMPACTS
Governor Newsom signed AB 1307 (Wicks) into law on September 7, 2023. AB 1307 is a legislative response to the ruling in a high-profile appellate CEQA case in which the court held that an Environmental Impact Report (EIR) for a UC Berkeley housing project failed to assess potential noise impacts from loud student parties in residential neighborhoods near the campus and did not justify its decision to not consider alternative project locations. (Make UC a Good Neighbor v. Regents of Univ. of California, 88 Cal. App. 5th 656, [2023], as modified [Mar. 16, 2023]). See our prior legal alert for more information about that case.
AB 1307 provides that (i) the effects of noise generated by future housing project occupants and their guests is not a significant impact under CEQA and (ii) the University of California, California State University, and California Community Colleges are not required to consider alternatives to the housing project location in an EIR if specified requirements are met.
ASSEMBLY BILL 529 – COMMERCIAL TO RESIDENTIAL CONVERSION PROJECTS
Governor Newsom signed AB 529 (Gabriel and Haney) into law on October 11, 2023. AB 529 requires HCD to convene a working group, including the California Building Standards Commission, Energy Commission, State Fire Marshal, Public Utilities Commission, and other stakeholders to “identify challenges to, and opportunities to help support, the creation and promotion of adaptive reuse residential projects statewide while not reducing minimum health and safety standards, including identifying and recommended amendments to state building standards.”
AB 529 is a step in the right direction for commercial to residential conversion projects, but a stronger legislative response is needed to make conversion projects financially feasible. Unfortunately, AB 1532 (Haney) did not make it to the Governor’s desk this legislative session. That bill would have provided for “by right” streamlined ministerial (i.e., no CEQA) approval of qualifying office to residential conversion projects. AB 1532 would have also made new state funding available for qualifying office to residential conversion projects.
According to this article, Senator Wiener plans to introduce a bill in January that would include tax breaks for commercial to residential conversion projects.