Back in May, we wrote about a March 28, 2024, Department of Housing and Community Development (“HCD”) Letter of Technical Assistance to the City of Compton, which determined that the Builder’s Remedy does not prohibit a city or county from requiring Builder’s Remedy projects to obtain zoning or general plan amendment approvals.[1] Since then, HCD has issued a Letter of Technical Assistance and a subsequent Notice of Violation[2] to the City of Beverly Hills, walking back that March determination and confirming that a Builder’s Remedy project cannot be denied based on inconsistency with a jurisdiction’s zoning ordinance or general plan
As the summer winds down and with most of the San Francisco’s boards and commissions on break, there is not much activity happening in the local land-use world. Below are a handful of ordinances that were introduced on July 30th, the last hearing before the Board of Supervisors’ legislative recess and currently winding their way through the review process. Crackdown on Unauthorized Dwelling Units Legislation proposed by Supervisor Melgar (BOS File No. 24-0803) would implement a new, multi-pronged approach to San Francisco’s (the “City’s”) handling of unauthorized dwelling units (“UDUs”). Under the legislation, the Planning Department’s development application process would
Last month, the Downtown Oakland Specific Plan (“DOSP”) was adopted by the Oakland City Council, with the DOSP environmental impact report being certified July 16 and the implementing Planning Code, Zoning Map, and Municipal Code amendments passing on second read July 30. The DOSP is intended to guide development over the next twenty years, to meet the projected housing and employment needs in Oakland’s downtown. The plan encompasses approximately 850 acres, and is generally bounded by 27th Street to the north, I-980, Brush and Market Streets to the west, Embarcadero and Jack London estuary waterfront to the south, and Lake
Property owners in San Francisco have a right to appeal the assessed value of their properties within a certain window of time and may request tax exclusions when performing certain work. Typically, the Assessor determines the increased base year value for the portion of any taxable real property that is newly constructed. The value of the land would remain unchanged when there is new construction. However, the cost of some types of improvements, including seismic safety improvements and accessibility improvements, may be excluded from reassessment if a timely request is submitted. Below is an overview of key deadlines and time
Looking to kick-start housing production in San Francisco, Supervisor Ahsha Safaí recently introduced legislation that would significantly reduce the city’s transfer tax rate – a fee imposed by the city on real estate transactions – for certain residential projects that satisfy a detailed set of preconditions. Specifically, the proposed tax cuts would apply to rental residential projects (including those subject to a recorded condominium map) that meet the following criteria: Include no less than 12% affordable on-site units, calculated by excluding any permitted density bonus units. Receive a Certificate of Final Completion and Occupancy (“CFCO”) on or after June 3,
On June 28, 2024, the California Department of Housing and Community Development released its annual determinations under SB 423 (formerly SB 35). Enacted in 2018 (as SB 35), SB 423 requires streamlined, ministerial approval for qualifying housing projects in jurisdictions that are not meeting their Regional Housing Needs Allocation (RHNA) goals, in exchange for providing a certain level of affordability in the project. Each June, the Department reviews permitting data from jurisdictions across the state and determines whether a jurisdiction has made sufficient progress toward producing housing for households at various income levels (i.e. lower, moderate, above moderate, etc.). Jurisdictions
