land use planning
What power does the state have over land-use regulation in California?
State court concludes that state does have the authority to intervene in local regulation of land-use
A big court ruling in California land-use law happened last month – and it has really large implications for the state’s efforts to address California’s housing crisis. The lawsuit is a challenge by a pro-housing advocacy group (California Renters Legal Advocacy and Education Fund (CARLA)) to a decision by the City of San Mateo to …
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CONTINUE READINGWhy Local Governments Underproduce Housing
Local control over land-use regulation means local governments focus more on the harms than the benefits of housing
As governments in California and across the United States wrestle with how to address soaring housing costs, a significant flashpoint has been the issue of local control. Most land-use regulation in the United States is done by local governments: cities, counties, towns, villages. In California, much of the legislation intended to increase housing production has …
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CONTINUE READINGLearning Lessons from Los Angeles’s TOC Program
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 …
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CONTINUE READINGTOC Under Fire
Fix the City’s new lawsuit challenges a key transit-oriented housing program
Last week, a Los Angeles slow-growth group, Fix the City, filed a lawsuit challenging a West Los Angeles development project on Santa Monica Boulevard. The project, a seven-story, 120-unit apartment building less than half a mile from the Century City mall, was approved using density bonus, height, and setback incentives through the City of Los …
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CONTINUE READINGWhat I Wish The Green New Deal Hadn’t Left Out
Greening our infrastructure is part of the solution, but so’s city planning.
While there’s certainly been no shortage of criticism of last week’s Green New Deal resolution, the common line hasn’t been that the resolution doesn’t try to cover enough ground. On the contrary, it’s been called an everything-but-the-carbon-sink approach; even Trevor Noah devoted a few minutes of the Daily Show to gaping at the proposal’s efforts …
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CONTINUE READINGLA’s Trying to Build Transit-Oriented Affordable Housing
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, …
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CONTINUE READINGNew Report: Improving Landscape-Level Planning for Solar PV Development
New UC Berkeley/UCLA Law report details policy changes to help achieve new SB 100 renewable energy goals
A new report from UC Berkeley and UCLA Schools of Law, A New Solar Landscape, identifies key reforms for California to enact at the state, regional, and local level to increase the pace and optimal siting of utility-scale solar photovoltaic (PV) development. With the passage of SB 100 (de León, 2018), California now requires electric …
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CONTINUE READINGPublic Lands Watch: HJR 44
Resolution would eliminate updates to planning process for BLM lands
Final Update: The President signed the resolution. Update #2: It just passed the Senate 51-48. Update: This is currently being considered in the Senate as Senate Joint Resolution 15. House Joint Resolution 44 – A proposal to overturn the BLM’s Planning 2.0 rule for preparing and amending resource management plans. Today the House passed HJR …
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CONTINUE READINGPublic Lands Watch: HR 5 and Land-Use Planning
Bill passed by house would increase burden on agency for land-use planning
HR 5 The Regulatory Accountability Act (RAA) Passed House 1/11 Received in the Senate 1/12 Referred to the Senate Committee on Homeland Security and Governmental Affairs This post was co-authored by law student Emma Hamilton. On January 11th, the House passed HR 5, the Regulatory Accountability Act of 2017, which includes a provision mandating new …
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CONTINUE READINGHelpful Resources for Environmental Law Research
Berkeley’s law librarians have put together some great links and resources for environmental law research. Despite budget cuts, they still do amazing work. Here are some of the main resources. Basic Environmental Law Resources: Boalt Research GuideHelps you find print and electronic sources available at law school and university libraries for researching environmental law and …
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