Davis situation highlights the growing tension between local ballot measures requiring voter approval and the Housing Accountability Act's restrictions on project denial.
Two years ago, an appellate panel ruled that the controversial housing proposal should have been processed under SB 35 -- the first major ruling. Now the court has ruled that a local judge had the authority to rule on Housing Accountability Act violations as well.
Among other things, the appellate ruling found that Livermore's design standards are not objective and therefore cannot be used to deny an affordable housing project.
100% affordable project can't be struck down based on subjective standards or lack of strict adherence to specific plan policies. CEQA exemption based on Downtown Specific Plan was also upheld.
The attorney who is helping developers bring over 4,000 units to Santa Monica nearly overnight shares the nuances of the newly powerful Builder's Remedy.
It's been on the books for 30 years but hardly used. As the Santa Monica situation suggests, however, it could completely upend local planning for housing in California.
