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 »
Posts Tagged: land use law firm
SB 684 and Small Lot Housing in California: Fast-Track Development
SB 684 requires California cities to ministerially approve small residential subdivisions of ten units or fewer on qualifying urban lots. Signed on October 11, 2023, and effective July 1, 2024, the law removes discretionary review, public hearings, and CEQA analysis for projects that meet its objective criteria. Senate Bill 1123, effective July 1, 2025, expanded… Read more »
AB 2097 Parking Reform in California: What Developers Near Transit Should Know
AB 2097 bars most California public agencies from imposing minimum parking requirements on development within a half mile of a major transit stop. Codified at Government Code Section 65863.2, the statute took effect January 1, 2023, and it overrides local zoning ordinances, including those adopted by charter cities. However, the law’s practical application involves far… Read more »
Can a City Designate a Property Historic After a Housing Application Is Filed?
A developer submits a housing application for a 50-unit residential project in a city with a non-compliant housing element. The site is properly zoned. The application is complete. A few weeks later, neighbors begin appearing at city council meetings. Local officials start discussing whether the century-old craftsman bungalow on the property should receive historic designation…. Read more »
How HCD Enforcement Power Works in California Housing Law
California’s housing crisis has changed how state agencies interact with local governments. The Department of Housing and Community Development (HCD) now has real enforcement power over how cities approve, deny, and delay housing projects. Developers, landowners, and housing sponsors need to understand how HCD enforcement works under California law, or they risk losing leverage when… Read more »
How SB 79 Changes Development Rights Near Transit Stops in California
California is still dealing with a serious housing shortage. Cities have struggled to keep up with demand, and many projects get slowed down or blocked at the local level. SB 79 is part of the state’s response to that problem. Signed by Governor Gavin Newsom on October 10, 2025, SB 79, the Abundant and Affordable… Read more »
When Permit Delays Become Inverse Condemnation in California
California property owners and developers often run into the same pattern. A permit application goes in complete. The city requests additional studies. Then supplemental responses. Hearings continue without resolution, and new issues surface late in the process. Meanwhile, carrying costs increase and project timelines stretch beyond what the financing can support. Delay alone is not… Read more »
How Historic Preservation Impacts Housing Projects in California
Historic preservation and housing development often come into conflict in California. Cities use historic rules to protect buildings and neighborhoods they view as culturally or architecturally significant, while developers focus on meeting housing demand in a state facing a long-standing shortage. In practice, that conflict shows up during project review. A historic designation, landmark finding,… Read more »
Writ of Administrative Mandate in California Land Use Law
When a city or county denies a housing project, the developer can challenge that decision in court through a Writ of Administrative Mandate under Code of Civil Procedure § 1094.5. The court then reviews the agency record to determine whether the decision followed the law, used proper procedure, and had support in the evidence. In… Read more »
Can Cities Make Developers Pay for Lawsuits?
Developers in California often encounter a common condition during project approvals. Before moving forward, the city requires them to sign an indemnity agreement. If someone files a lawsuit to challenge the project, the developer must defend the city and cover legal costs. At first glance, this may seem like a routine requirement. In practice, however,… Read more »