Cities’ Upcoming Need to Identify Housing Opportunity Sites

The next RHNA (Regional Housing Needs Assessment) cycle is quickly approaching, which means that all Bay Area cities will be taking a closer look at their Housing Elements and determining whether they have enough land zoned to accommodate more housing. In June 2020, the California Housing and Community Development (“HCD”) provided the Bay Area its […]

new law

New Law Limits Rental Restrictions in Condo Projects

A new law became effective on January1, 2021, that impacts common interest developments (“CIDs”) (including condo projects and planned developments) and homeowners associations (“HOAs”) in California.  Assembly Bill 3182 adds Civil Code Section 4741 to the Davis-Stirling Common Interest Development Act (“Davis-Stirling Act”), which is the primary body of law governing CIDs and HOAs in […]

Downtown Plan

Plan Updates in Oakland and SF

This week, we discuss Oakland’s most recent status report on its proposed Downtown Specific Plan and San Francisco’s kickoff of its own General Plan update. Oakland’s Downtown Plan Progresses, with Changes Oakland’s sixth area plan—and the first to focus exclusively on the downtown area—is moving forward again, but with modifications based on feedback provided on […]

interim zoning controls

New Interim Density Controls for Residential-Commercial Districts

In January the Board of Supervisors passed interim zoning controls for parcels in RC, RM, and RTO (excluding RTO-M) zoning districts. The controls require Conditional Use Authorization (“CU”) for most new construction or alterations that do not maximize residential density. Sponsored by Supervisor Peskin, the interim zoning controls became effective on January 21st and are […]

Proposition C

Proposition C Upheld by Court of Appeal

California’s First District Court of Appeal (“Court of Appeal”) has rejected arguments from business and tax groups challenging the validity of San Francisco’s Proposition C, the Early Care and Education initiative.  The Court of Appeal held that citizen initiatives to enact a special tax only require a simple majority vote to pass, even if an […]

Proposition 19

Unforeseen Effect of Proposition 19

Despite San Francisco’s reputation as a high-rent city, it maintains a substantial inventory of older, lower-rent units that primarily cater to working- and middle-class renters. The prevalence of these units arises from a combination of factors: strong rent-control laws and eviction protections, combined with favorable tax treatment under Proposition 13 and subsequent parent-child transfer exemptions […]

Affordable Housing

Impact Fee Update

San Francisco School Fees Expanded On January 11, 2021, San Francisco issued the 2021 Impact Fee Schedule. One change of note is the calculation of the San Francisco Unified School District Fee (“School Fee”) as applied to multi-unit residential developments. The change would increase the fee on such developments by increasing the space in the […]

Housing Production

Housing Production Legislation to Watch

The start of another legislative session is upon us. Last week at the outset of the 2021-2022 legislative session, several bills impacting housing production were introduced. Some are similar to bills that weren’t passed last year. Below are four bills to watch as they wind through the Legislature. SB9 (Atkins, Caballero, Rubio, Wiener) SB9 is […]

Notice of Completion

Reduce Exposure to Mechanics’ Liens

While contractors typically enjoy a 90-day period to file a Mechanic’s Lien once a project is completed, project owners in California can take steps to significantly shorten this deadline by recording a Notice of Completion (“Notice”).  The Notice gives written notice that an entire project is completed.  A Notice that is properly recorded and served […]

Save Our Small Businesses Initiative

Proposition H and New Processing for ADUs

Proposition H Adopted by Voters Proposition H was adopted by the voters at this November’s election.  Titled, “Save Our Small Businesses Initiative”, the initiative ordinance gives existing businesses more flexibility in their operations and speeds approvals for new businesses in the City’s Neighborhood Commercial (“NC”) Zoning Districts.  The initiative reduces the approval requirement for many […]