Processing Housing Construction Projects Under State and Local Shelter-in-Place Orders
Governor Issues Statewide Shelter-in-Place Order After declaring a State of Emergency due to the COVID-19 pandemic on March 4, 2020, Governor Newsom issued Executive Order N-33-20 on March 19, 2020. The statewide Order directed all California residents to stay home, except for workers in 16 “critical infrastructure sectors.” Construction was not included in these original 16 sectors. […]
Building Decarbonization Update: California Energy Commission Approves First Set of Electric Reach Codes
Following up on the October 2019 edition of In the Public Interest, this article provides an update on the California Energy Commission’s approval of ordinances passed by several cities and counties to encourage or require buildings to go all-electric. As reported in the October 2019 edition of “In the Public Interest,” local jurisdictions throughout California […]
Coming to a Backyard Near You: What’s New With ADUs in 2020
Photo Credit: radcliffe dacanay, Flickr, CC BY 2.0 Public Agency Update: New state legislation that took effect on January 1, 2020 imposes additional limits on the ability of local jurisdictions to restrict Accessory Dwelling Units (ADUs). This article describes what’s changed and how cities and counties might react. For the last few years, the state […]
En Garde: China’s National Sword Shakes Up Recycling
China, historically one of the largest markets for recyclable materials, has dramatically tightened restrictions on waste imports. American recyclers in search of new markets are increasingly turning to local agencies for relief. This article discusses shifts in global recycling markets and how some local agencies are adapting to these changes. Agencies that provide curbside recycling […]
Vehicle Miles Traveled Replaces Level of Service
Photo Credit: Benjamin Massello via Unsplash Public Agency Update: The time is approaching for agencies to change how they measure CEQA transportation impacts. For land use projects, beginning July 1, 2020, transportation impacts must be measured using vehicle miles traveled (VMT) instead of level of service (LOS). This article explains when public agencies may use […]
Project Descriptions in CEQA: Too Much Flexibility Is a Bad Thing
Photo credit: Sharon VanderKaay, Flickr, CC BY 2.0 In Stopthemilleniumhollywood.com v. City of Los Angeles, 39 Cal.App.5th 1 (2019), the Second District Court of Appeal provided further guidance regarding how specific or flexible a project description can be when undergoing CEQA analysis. The applicant proposed a mixed use development that included the historic Hollywood Capitol Records Tower as well as residences, retail, offices, restaurants, parking, a […]
Triannual State Building Code Update Presents an Opportunity for Local Governments to Decarbonize Homes and Buildings
As part of California’s effort to tackle climate change, local jurisdictions throughout the state are taking steps to reduce greenhouse gas (“GHG”) emissions from homes and buildings. Such efforts play a vital role in achieving the state’s ambitious climate goals. These goals include generating 100% carbon-free electricity by 2045, as required by SB 100; achieving […]
Understanding Recent Changes to Local Initiative Processes
The California Constitution enshrines the rights of voters both to propose new laws and to respond to those passed by their elected officials. The laws regarding such initiatives and referenda are complex and ever-evolving, and the last year was no exception. A published appellate court decision clarified the intersection of development agreements and initiatives, and a change to the […]
Tips for Complying with the FPPC’s Revised “500 Foot Rule” Addressing When Public Officials Have a Conflict of Interest in Decisions Potentially Affecting Their Real Property
As local government officials and attorneys are no doubt aware, the Fair Political Practices Commission (FPPC) has once again changed its rule regarding property-related conflicts of interest. On January 17, 2019, the FPPC amended Regulation 18702.2, which governs whether public officials have a conflict of interest in governmental decisions potentially affecting their real property. Recent […]
Supreme Court Reaches Major Takings Decision in Knick v. Township of Scott
Photo Credit: Sunira Moses, CC BY-SA 3.0, via Wikimedia Commons On June 21, the U.S. Supreme Court decided Knick v. Township of Scott, Pennsylvania. The decision has significant implications for state and local government agencies faced with regulatory takings claims under the Fifth Amendment. (SMW filed an amicus brief in the case on behalf of eight state and […]