A city designates a decades-old home as a historic resource. Exterior repainting now requires approval, and demolition is no longer an option. When does a preservation restriction become a regulatory taking that requires compensation? California courts answer that question narrowly. A restriction does not create a taking simply because it lowers property value or limits… Read more »
California cities and counties can require developers to set aside affordable units, pay a fee, or meet another locally defined condition before approving a qualifying residential project. These inclusionary housing requirements are common, but they are not uniform, and they are not unlimited. The legal question for a developer is rarely whether a city can… Read more »
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 »
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 »
NIMBY CEQA lawsuits California typically refer to California Environmental Quality Act (CEQA) challenges brought by neighborhood groups, community organizations, or individual residents opposing approved or pending development projects, especially housing. CEQA is codified under Public Resources Code Section 21000 et seq. It requires a lead agency, usually a city or county, to evaluate environmental impacts… Read more »
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 »
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 »
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 »
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 »
California’s housing shortage has pushed Builder’s Remedy California 2026 into active use across development disputes. What was once a rarely discussed provision in planning law now plays a direct role in how cities review housing projects. If you own land in California, plan to develop property, or are dealing with a city’s housing element decisions,… Read more »
