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.
How Public Agencies Can Support Beneficial Fire Use
California’s recent fire seasons have been staggeringly destructive, and are poised to worsen over upcoming decades as the impacts of climate change increase. Yet, we are not helpless. The use of beneficial fire—at the right times and in the right locations—can increase forest resiliency and reduce wildfire risk. California’s pending Strategic Plan for Expanding the Use of Beneficial Fire points public agencies in the right direction.
Residents Can Play a Vital Role in Establishing Funding Streams for Local Programs
Cities and counties face significant challenges in raising funds for basic services and special programs. Chief among these, local governments must receive two-thirds voter approval before imposing a tax to fund designated programs. However, under a series of recent court rulings, voter-sponsored initiatives for special taxes need only be approved by a simple majority. This article discusses this new revenue opportunity, and how courts have thus far viewed local officials’ involvement in these efforts.
In Case You Missed It
Shute, Mihaly & Weinberger’s attorneys also regularly write for other publications. Some recent articles that may be of interest include: Los Angeles Lawyer Magazine: Black Lives Matter as Government Speech Daily Journal: Restoring California’s Leadership in Setting Tailpipe Emissions Standards Daily Journal: Competition and Collusion on the Road to Clean Cars ABA Environment, Energy, and […]
Speaker Pelosi Celebrates the Bipartisan Infrastructure Deal at Salesforce Transit Center Event; SMW Supports TJPA’s Application for Federal Funds
SMW client the Transbay Joint Powers Authority (TJPA) hosted Speaker Nancy Pelosi and other members of the Bay Area delegation at an event at the Salesforce Transit Center, celebrating the federal commitment to fund public transit under the Bipartisan Infrastructure Deal.
SMW Attorney Teaches Land Use Law at Stanford Law School
SMW partner Andrew Schwartz is once again teaching Land Use Law at Stanford Law School for the fall quarter 2021-2022. The course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; affordable housing; growth […]
Recent Housing Legislation and the Initiative Power: What You Need to Know
The State Legislature’s burst of new housing legislation has significant implications for use of the initiative power. Find out more about SB10’s explicit shift of power to local legislatures and other ways in which the new laws may complicate planning and zoning initiatives.
Black Lives Matter as Government Speech
In June 2020, communities across California and the world protested and mourned the nationally recognized acts of violence against Black lives.
Certification of Half Moon Bay’s 2020 Local Coastal Land Use Plan Update
The firm advised the City of Half Moon Bay on its 2020 Local Coastal Land Use Plan Update, which was unanimously certified by the California Coastal Commission in April 2021.
Designing Cities with Birds and Stargazers in Mind
Cities across California are adopting measures to ensure buildings do not pose threats to bird safety, often pairing these measures with those that reduce sources of nighttime light pollution.