Every city and county in California must maintain a Housing Element, a state-mandated component of the General Plan showing how the jurisdiction will plan for its share of regional housing needs. Adopting a Housing Element is not optional, and adopting an inadequate one carries real legal consequences. A Housing Element that fails to meet state… Read more »
Posts Categorized: LA land use lawyers
How AB 98 Affects Warehouse Zoning and Property Rights in California
California has adopted statewide standards that affect how certain warehouse and logistics facilities are designed, sited, and developed. The requirements address truck access, loading-bay placement, setbacks from certain sensitive receptors, design standards, and infrastructure requirements. AB 98, signed on September 29, 2024, created Government Code Chapter 2.8 and added Section 65302.02. Certain requirements apply beginning… Read more »
When Is a California Land Use Ordinance Too Vague to Enforce?
A property owner who receives a zoning violation notice or grading enforcement action may not be able to determine from the ordinance itself what conduct allegedly violated the law. The ordinance may contain undefined terms. An agency may apply a standard that the text does not clearly establish. The rule may also give enforcement officials… Read more »
Shayne v. County of Riverside: Challenging Illegal Grading Enforcement in California
When a county charges a property owner with illegal grading, the consequences can be serious. A notice of violation can affect how an owner uses the land. It can also lead to enforcement proceedings, fines, or corrective-action requirements. Property owners facing enforcement may need to decide whether to accept the government’s position or challenge it…. Read more »
California Development Impact Fees: Rules and Property Rights
Development impact fees are charges that California local agencies impose on new development to fund public infrastructure. A developer submitting a building permit application may encounter fees for roads, parks, schools, water and sewer connections, and fire stations. These fees can add significant cost per unit to a project. California law allows local agencies to… Read more »
California Building Permit Delays: What Property Owners Need to Know
A building permit application that stalls in plan check can cost a property owner thousands of dollars in carrying costs, lost income, and escalating construction prices. In California, permit delays are a widespread source of frustration for homeowners, small developers, and commercial property owners alike. Some delays reflect genuine complexity in the application. Others reflect… Read more »
AB 2234 California: Post-Entitlement Permit Delays
Getting a housing project entitled in California is often only the first hurdle. After securing land use approvals, a developer must still obtain building permits, plan check approvals, and grading permits before construction can begin. Local agencies have historically processed these ministerial permits on their own timelines, sometimes delaying projects for months or even years…. Read more »
Growth Controls in California: How Slow-Growth Ordinances Affect Property Rights
California cities and counties have long used growth control measures to limit the pace of residential and commercial development. Some impose annual caps on building permits. Others establish urban growth boundaries beyond which development is restricted or prohibited. A few use voter-approved moratoriums that freeze approvals for defined periods. Taken together, these measures can significantly… Read more »
California Density Bonus Law: How to Increase Development Potential
California’s Density Bonus Law allows qualifying residential projects to exceed local zoning limits on density, height, and parking. It is one of the most significant development tools available under state law. Developers who meet the statutory requirements can use these benefits to increase a project’s development potential. The law limits local zoning restrictions in specific… Read more »
Zoning Variances and Use Permits in California: How to Get Approval
Zoning law governs how land can be used, and most California property owners eventually run into its limits. A project that does not conform to applicable zoning standards generally requires one of two things: a variance from the zoning code, or a use permit authorizing a use that the code does not allow as of… Read more »