The State Strikes Back! Recent Development in Housing Law
Tuesday, September 26, 2017
8:30 a.m. - 10 a.m. PDT
CM | 1.50
L | 1.50
The California Legislature has enacted a myriad of statutes designed to encourage housing developments: the Housing Accountability Act, the 'no net loss' statute, the 'by right' provisions of Housing Element law, the 'least cost zoning' law, the Density Bonus Act, the Accessory Dwelling Unit law, fair housing provisions, and various statutory exemptions from CEQA. These provisions have become progressively more complex as the Legislature attempts to solve California's critical housing shortage, and additional streamlining provisions were at the heart of the Governor's 2017 budget message. Despite these efforts, housing developments often face fierce local opposition and may be delayed for many years. This program will describe and organize the many existing statutes, and new laws passed in 2017, and discuss how planners may use these provisions effectively when processing housing applications, when a local action may be inconsistent with state law, and how these provisions may help to protect local decision-makers. The program will demonstrate how these statutes have been used and discuss regional collaboration strategies to meet housing demand.
The presentation will focus on recent changes in state planning and zoning laws and case law with respect to housing developments. As described in the abstract, in an effort to 'solve' the housing shortage, the Legislature almost every year passes new laws affecting local land use and the approvals of housing (while being unwilling to exempt such projects from CEQA). The result is a complex series of intertwined statutes that are difficult to understand and apply. This panel will attempt to bring some organization to these statutes, make them more understandable and useful, and provide case studies.
Eric Phillips, JD
Josh Abrams, AICP
Barbara Kautz, FAICP, JD
Justin Bigelow, JD
Hanson Hom, firstname.lastname@example.org