A California city or county that falls out of Housing Element compliance does not simply lose a planning credential. Development review rules change, state enforcement activates, and the jurisdiction can face litigation, financial penalties, and housing applications it has limited power to deny. The consequences depend on the type of noncompliance. A jurisdiction that never… Read more »
Temporary government action can interfere with a property owner’s ability to use, develop, or obtain value from private property. When that interference lasts for a limited period, it may raise questions about whether the government has temporarily taken property rights without providing compensation. A temporary restriction does not automatically avoid compensation simply because the government… Read more »
A California property owner learns that the state plans to widen a highway nearby. The government has not filed a condemnation action, but the proposed project is already affecting the property. Potential buyers lose interest. A planned commercial development is put on hold. An appraisal for refinancing comes in lower than expected. The government has… Read more »
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 »
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 »
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 »
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 »
Housing projects across California face a familiar problem. Local agencies change zoning rules mid-project. Design standards multiply with each review. Hearings get continued indefinitely. A project that once looked straightforward can quickly become a moving target. SB 330, the Housing Crisis Act of 2019, was designed to stop that cycle. The law limits many of… Read more »
Property owners rebuilding after a fire in Malibu or the Pacific Palisades face a coastal permitting system unlike anywhere else in California. The California Coastal Act generally requires a coastal development permit before any construction in the coastal zone. However, a specific exemption allows many fire victims to rebuild without that permit, provided the replacement… Read more »
California needs far more housing than it builds each year. The state falls short by an estimated 180,000 homes annually, creating ongoing pressure on housing affordability and supply. To address that shortage, the Legislature passed Assembly Bill 2011, the Affordable Housing and High Road Jobs Act of 2022. AB 2011 allows affordable and mixed-income housing… Read more »
