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California Land Use Blog — Published by California Land Use Lawyers — Jeffer Mangels Butler & Mitchell LLP CONTACT US: 310.201.3572 California Land Use Blog Published By Jeffer Mangels Butler & Mitchell LLP Navigation Home Land Use Team Our Cases and Projects JMBM LLP Subscribe Contact Us Programs & Events City of LA Planning CEQA Legislation Litigation Prevailing Wage Published on: April 12, 2024 JMBM Partner Daniel Freedman Added as Adjunct Faculty to UCLA Luskin School of Public Affairs by Jeffer Mangels Butler & Mitchell LLP JMBM is pleased to announce that Daniel Freedman, a distinguished partner in JMBM’s Government Land Use and Energy department and co-chair of the firms Housing Strategy and Litigation Group, has been chosen as an adjunct professor for the UCLA Luskin School of Public Affairs Urban Planning graduate program. This prestigious appointment highlights his exceptional expertise at the intersection of law and urban planning. Daniel has also served as an adjunct professor in the graduate urban planning program for California State University Northridge. Being selected to teach at one of the nation’s premier institutions is a testament to Daniel’s deep understanding and impact in the field, as well as to his dedication to advancing knowledge in law and its application to the most complex challenges facing today’s city and regional planning professionals. His passion and insights will enrich the learning experience for students and elevate the discourse surrounding land use and city planning. As graduate from UCLA’s urban planning Masters program, I understand the significance of this curriculum for the students, as well our regional institutions,” said Daniel. I look forward to contributing to the program and helping our future planning professionals develop a nuanced perspective of how the law continues to shape our urban environment.” Continue reading by Jeffer Mangels Butler & Mitchell LLP Posted in: News Published on: April 12, 2024 Updated: April 12, 2024 11:17 am Published on: March 5, 2024 CEQA Appeals Delay 100% Affordable Residential Developments in LA City by Jeffer Mangels Butler & Mitchell LLP JMBM’s Housing Strategy and Litigation Group represents an affordable housing developer proposing to construct a 44-unit, 100 percent affordable, residential development in the West Los Angeles community. The LA Department of City Planning approved the project in December 2023 and found that it meets the requirements of the Los Angeles Mayor’s Executive Directive-1 (ED-1) program – which provides for expedited approvals and prevents appeals for projects that are 100 percent affordable. Two weeks later, the Department accepted an appeal from a neighborhood group challenging the project’s approval and its exemption from the California Environmental Quality Act (CEQA), arguing that the ED-1 program’s provisions are illegal. The appeal’s acceptance resulted in a stay on the project until City Council can address it. Daniel Freedman , Partner and co-chair of JMBM’s Housing Strategy and Litigation Group, has filed two letters with the City Council responding to the appeal and objecting to the fact that the City has accepted the appeal. He argues that a CEQA appeal should not be granted in instances where no CEQA determination has been made. In this instance, the approval was ministerial, and therefore no CEQA action was required for the project approval itself. Moreover, even if such an appeal is permitted, the appeal fails to actually challenge the approval itself. Freedman argues that the appeal challenges the ED-1 program itself, rather than the individual development, and for that reason this appeal is untimely and should have been brought against the ED-1 when it was initially adopted. He contends that the City’ acceptance of this appeal creates a troubling precedent that will only increase the potential for CEQA to be abused for the purposes of delaying new affordable housing projects. Continue reading by Jeffer Mangels Butler & Mitchell LLP Posted in: Affordable Housing Published on: March 5, 2024 Updated: March 5, 2024 10:45 am Published on: February 1, 2024 JMBM Land Use Webinar: Using California’s Housing Laws to Get Your Project Approved by Jeffer Mangels Butler & Mitchell LLP In recent years, a series of powerful housing laws have been passed by the California legislature to restrict local agencies from delaying, downsizing, or rejecting housing development projects. These measures aim to enhance the enforceability of key statutes, such as the California Housing Accountability Act (HAA) and the Housing Crisis Act (SB330). The overall objective is to begin to address the state-wide housing crisis by streamlining the approval process for new housing projects while simultaneously curbing a local agencies ability to obstruct the permitting process. JMBM’s Government, Land Use, Environment and Energy Department recently hosted a webinar detailing how to use these new laws to expedite a project’s entitlement process, to increase density, and tools developers can use to limit a local agency’s ability to delay or deny a project. The online workshop reviewed key new housing laws, including the HAA, SB330, AB 2011, and State Density Bonus Laws. It also highlighted what every housing developer needs to know to ensure their project gets maximum protection under the new housing laws. Whether you’re a seasoned housing developer or just stepping into the industry, this workshop provides essential insights into the laws shaping the future of housing projects. Click here to watch the recorded session. Continue reading by Jeffer Mangels Butler & Mitchell LLP Posted in: Events Published on: February 1, 2024 Updated: February 1, 2024 12:21 pm Published on: July 3, 2023 The Los Angeles City Draft Wildlife Ordinance—JMBM’s Position by Jeffer Mangels Butler & Mitchell LLP The Land Use lawyers of Jeffer Mangels Butler & Mitchell LLP (JMBM) represent Neighbors for Hillside Safety, an unincorporated association of homeowners, residents, and stakeholders who live and work within the proposed Wildlife Ordinance District being considered as part of the City’s Wildlife Pilot Study and the associated Wildlife Ordinance District. This proposed ordinance would rezone over 23,000 acres of the City, impacting tens of thousands of homes without any environmental analysis and without legally adequate notice. Ben Reznik , Chair of the Firm’s Government, Land Use, Environment and Energy Department , and Partner Daniel Freedman have submitted a series of letters to the Department of City Planning outlining our client’s opposition to the ordinance as currently written. You can read the letters by clicking the images below. June 16, 2023 Continue reading by Jeffer Mangels Butler & Mitchell LLP Posted in: City of LA and News Published on: July 3, 2023 Updated: July 5, 2023 12:01 pm Published on: May 26, 2023 New Sixth Circuit Decision Clarifies Important Takings Law by Daniel F. Freedman Last month, the Sixth Circuit Court of Appeals issued an important decision in the area of property rights, development exactions, and the Fifth Amendment. In Knight v. Metropolitan Government of Nashville & Davidson County, Tennessee , case number 21-6179, plaintiffs James Knight and Jason Mayes challenged the constitutionality of a City of Nashville’s sidewalk” ordinance, which imposes sidewalk-related conditions on landowners who seek building permits. Specifically, to obtain a building permit, the City requires the developer to either grant an easement across its land and agree to build a sidewalk, or otherwise pay an in-lieu” fee to help build sidewalks in other parts of the City. The plaintiffs, who were subjected to the ordinance as part of a proposed housing development application, argued that the ordinance and the resulting condition of approval constituted a takings without just compensation. The key issue before the Sixth Circuit was which legal test” or standard”...