Objective Design Standards Take On New Importance Under State Law
Developing Objective Design Standards (ODS) is a critical tool in your planning and zoning toolbox. Creating ODS can sound daunting, but it need not be. We explain why they are necessary, useful, and how ODS can help your community enable the development it wants to see.
Community Land Trusts: A Valuable Tool in Promoting Affordable Housing
Under California law, cities are required to identify opportunities to develop sufficient housing to meet the needs of residents of all income levels. However, many municipalities struggle to produce enough affordable housing. This article explores the role community land trusts can play in building and managing affordable housing.
Mid-Cycle 2022 CALGreen Building Code Update Re: Changes Coming in 2023 to State Energy Code and Green Building Standards
California Building Standards Commission adopts updates to electric vehicle charging requirements for new multifamily buildings Since we first wrote about the latest Energy Code and energy-related CALGreen updates that went into effect statewide in January 2023, some additional important updates have been made to CALGreen. Following this regular triannual update, the California Building Standards Commission […]
Constitutional Limits to Abating Homeless Encampments, and Best Practices for a Cooperative Approach
California is home to nearly one-fourth of the nation’s unhoused population, and homelessness in California continues to rise. For example, according to the U.S. Dept. of Housing and Urban Development, from 2019 to 2022, California’s unhoused population increased from approximately 151,000 to 171,000. Of the 171,000 unhoused individuals counted in 2022, 67%, or 115,000 persons, […]
Vacant House Taxes: One Tool to Ease Housing Pressures
Housing affordability – whether buying or renting – remains a critical challenge for California cities and their residents. An April 2022 report from UC Berkeley’s Terner Center for Housing Innovation found that a record number of Californians are housing cost burdened. State housing cost burdens have surged over the last two decades, with home value […]
Homeless Encampments: Constitutional and Practical Concerns
Shute, Mihaly & Weinberger’s newest partner, René A. Ortega, gave a presentation this past month at the 2022 Hispanic National Bar Association Annual Convention in Washington, D.C. In his talk, titled “Homeless Encampments En Nuestras Comunidades: Navigating Constitutional and Practical Concerns,” Rene and his co-panelists, Mindy Mitchell of Homebase and Mandy Chapman Semple of Clutch […]
René Alejandro Ortega Joins Shute, Mihaly & Weinberger as New Partner
Shute, Mihaly & Weinberger is pleased to announce that René Alejandro Ortega has joined the firm as a new Partner. “We are so pleased to have René join us here at Shute, Mihaly,” said Richard S. Taylor, Shute, Mihaly & Weinberger’s managing partner. “With his expertise in municipal law, housing, land use, and litigation, Rene […]
Staying on Top of the Surplus Land Act – Practice Tips After Recent Updates
When local agencies sell or lease their surplus land to others, California’s Surplus Land Act (SLA) (Government Code sections 54220 to 24234) requires them to prioritize that land for affordable housing, open space, and school use. Agencies must let affordable housing developers, local park and recreation districts and departments, and school districts know that the […]
SMW Attorney Teaches Land Use Law at UC Berkeley School of Law
SMW Partner Andrew Schwartz taught Land Use Law at UC Berkeley School of Law for the Spring Semester 2021-2022 and will repeat the class Spring Semester 2022-2023. Mr. Schwartz also teaches Land Use Law at Stanford Law School.
SB 244: Focus on Disadvantaged Unincorporated Communities in Land Use Planning
Systemic issues in land use planning have historically plagued small, low-income, unincorporated communities on the urban fringe. SB 244 took a first step to address the legal, financial, and political barriers affecting disadvantaged unincorporated communities in California. This article describes SB 244 requirements and looks at implementation progress.