In the case of Sheetz v. County of El Dorado, the United States Supreme Court reviewed a challenge by George Sheetz of a traffic impact mitigation fee imposed by the County of El Dorado. This fee was required as a condition for Sheetz to obtain a permit for constructing a…
Articles Posted in Legislation
California Assembly Bill 1561 supports housing development
As JMBM government and land use lawyer Sheri Bonstelle explains in the article, “Assembly Bill 1561 provides support for housing development projects,” published by the Daily Journal on September 10, 2020: “AB 1561 will support housing development by allowing additional time for those with approved housing development projects to obtain…
County of San Diego’s Latest Effort to Adopt an Adequate Climate Action Plan Fails
On June 12th, the California Court of Appeal, Fourth District, filed its decision in Golden Door Properties LLC v. County of San Diego, __ Cal.App. 5th __ (2020) (WL 3119041). In doing so, the Court extended the now decade-long effort of San Diego County to craft an adequate Climate Action…
Alert: Major Changes to ADU Laws Permit Additional Units to Single and Multi-Family Buildings
by Daniel Freedman and Justin Anderson Substantial changes to state and local laws governing accessory dwelling units (“ADUs”) went into effect on January 1, 2020, and they have significant implications for single-family and multi-family property owners. ADUs are additional living quarters built within, or on the same lot as, the…
California Appeals Court Upholds Legislative Workaround that Mooted CEQA Suit Targeting Development Project in Los Angeles
By Martin Stratte for Jeffer Mangels Butler & Mitchell LLP In August 2018, the California Court of Appeal decided Citizens Coalition Los Angeles v. City of Los Angeles, 26 Cal.App.5th 561 (2018), commonly referred to as “Target II,” which arose from a years-long challenge by citizen activist organizations to the…
Residential Development in California: New Density Bonus Law Makes New Affordable Housing Difficult to Build
By Matthew Hinks Governor Brown signed into law on September 27, 2014, AB2222, which amends the State’s Density Bonus Law (“DBL”), Gov’t Code §§ 65915, et seq. to establish significant constraints upon the use of the incentives provided by DBL in connection with certain real estate developments. The main purpose…
Developers of single- and multi-family density bonus projects should submit their applications now
By Neill Brower and Sheri Bonstelle AB2222: Significant Changes to California’s Density Bonus Law Occur on January 1, 2015
CEQA Bill to Protect Native American Cultural Resources Creates New Challenges and Opportunities for Project Applicants
On September 25, 2014, Governor Brown signed Assembly Bill 52 (“AB 52”), which modifies the California Environmental Quality Act (“CEQA”) to add new protections for Native American cultural resources and enhances the role of Native American tribes in the environmental review process. AB 52 is a significant amendment to CEQA…
New Law Allows Mining Operators to Remedy Compliance Issues and Retain AB 3098 List Status
by Kerry Shapiro This article was first published in The Conveyor, a publication of the California Construction and Industrial Materials Association. Mining companies are subject to myriad requirements under the Surface Mining and Reclamation Act (SMARA) and implementing regulations that can trip up even the most diligent of operators from…
SB 1270 Proposes Significant California Mining Reform
by Kerry Shapiro, Esq. The recent submittal of significant proposed revisions to California’s mining law, the Surface Mining and Reclamation Act (“SMARA”), signals potentially broad-reaching changes to the statute. On February 21, 2014, Senator Fran Pavely (D) introduced SB 1270, a bill proposing to overhaul various sections of SMARA. SB…