Court order freezing UC Berkeley enrollment raises critical questions about how California provides for equitable growth in the state
This is my final post on the CEQA litigation over UC Berkeley enrollment. For earlier posts, see here (providing background information), here (discussing the implications of considering enrollment decisions to be within the scope of CEQA), and here (discussing whether to expand CEQA to cover socioeconomic impacts). In this final post, I want to explore …CONTINUE READING
Why expanding CEQA to cover socioeconomic impacts might harm equity goals
Today I continue my series of blog posts on the CEQA lawsuit over UC Berkeley’s enrollment. My first post provided an introduction to the case and its background; my second post examined the risks of expanding environmental review to small-scale, individual decisions like the enrollment decisions at issue in this case. Today’s post will address …CONTINUE READING
Is admitting a student to a university the kind of project requiring CEQA analysis?
Yesterday, I introduced the CEQA lawsuits over UC Berkeley’s expanding enrollment and its potential impacts on the surrounding neighbor. Today, in my second post, I want to explore the implications of applying environmental review statutes such as CEQA to individual, small-scale decisions like university enrollment. The legal question at issue in the case was whether …CONTINUE READING
A recent court order freezing UC Berkeley enrollment highlights key issues in CEQA
A recent court order, freezing UC Berkeley’s student enrollment at 2021-22 levels, has earned some press attention and notoriety. Commentators on Twitter have accused the lead plaintiffs (residents in the Berkeley area) of being exclusionary NIMBYs. The court’s decision was premised on violations by UC Berkeley of the California Environmental Quality Act (CEQA), a law …CONTINUE READING
New changes in state law allow local governments to commit to long-term production of housing
Over the next two years, cities across the state of California will undertake a state-mandated process to update the “housing element” of their general plans for land use. Cities must demonstrate that they have—or will provide—adequate zoned capacity to accommodate their share of “regional housing need,” a figure which is determined by the state Department …CONTINUE READING
California still needs more housing close to transit.
In recent weeks, California has emerged as one center of the COVID-19 pandemic, but it continues to face challenges that existed long before the disease reached the state. Two serious ones: how California will meet its ever more stringent greenhouse gas emission reduction targets, and how the state will manage to provide affordable housing for …CONTINUE READING
Challenges and opportunities as TOC continues to drive affordable housing production
I’ve written before about Los Angeles’ Transit Oriented Communities (TOC) Program, an inclusionary housing program designed to allow for increased density in residential and mixed-use projects near major transit stops in exchange for a developer commitment to include a set percentage of affordable housing units in those projects. Since implementation began in late 2017, the …CONTINUE READING
UC Berkeley faces same dilemma as much of rest of California in addressing the housing crisis
UC Berkeley is not immune to California’s housing crisis. Indeed, as the student newspaper noted, the campus “has housing for 22 percent of undergrads and 9 percent of graduate students – vastly lower than the UC average of 38.1 percent for undergraduates and 19.6 percent for graduate students.” Moreover, soaring housing costs have made it …CONTINUE READING
Report covers regulatory approvals for residential projects in four LA cities in 2014-16
I’ve blogged previously about work that a team here at UC Berkeley (Moira O’Neill, Giulia Gualco-Nelson, and myself) have been doing on studying land-use regulation, environmental law, and housing production in California, to get a better sense of how regulatory processes may be driving the housing crisis in the state, and eventually to produce specific …CONTINUE READING
But could we make it easier?
My colleague Jonathan Zasloff rightly points out that one way to harness the benefits of upzoning to alleviate our housing crisis is to promote inclusionary requirements for transit-oriented development. Los Angeles has adopted just such a program through its Transit-Oriented Communities ordinance, which I’ve written about here. Per the City of Los Angeles’ initial assessment, …CONTINUE READING