By-Right

Close-up of top of California state capitol dome with U.S. and California flags flying and blue sky in background.

California Housing Bills Streamline Affordable Housing

A series of current and proposed bills are paving the way for more affordable housing production in the state, where environmental laws are often deployed to delay or block new development.

September 20, 2023 - CALmatters

Colorado

What Is Discretionary Approval?

Discretionary approval requires an appointed or elected body of officials to decide whether or not to proceed with a development. Discretionary approval is usually reserved for development proposals that don't conform to zoning or building codes, but other regulatory triggers can also create the need for a discretionary approval process.

February 8, 2022 - James Brasuell

Cupertino, California

Controversial Development Site in Cupertino Compounds Legal Controversy

The city of Cupertino rezoned a controversial development site in case a judge tosses the developer's current plan for the site. Now the developer is suing, accusing the city of an illegal taking.

February 26, 2020 - The Mercury News

Sunset

Voters Could Get the Chance to Ease Development Restrictions in San Francisco

A ballot initiative by San Francisco Mayor London Breed would make it easier for qualifying developments (e.g., developments that include affordable housing) to sidestep discretionary approvals.

February 6, 2020 - The New York Times

San Francisco, California

By-Right Approval for Affordable Housing Projects Proposed in San Francisco

San Francisco Mayor London Breed is fighting hard to make it easier to develop affordable housing in the cost-impacted city. A fight will likely be required.

February 7, 2019 - The Bay City Beacon

California Beach Town

Huntington Beach Sues California Over 2017 By-Right Affordable Housing Bill

When it comes to housing lawsuits involving the state and new housing laws, Huntington Beach might be ground zero. Over a week before Attorney General Becerra sued the Orange County city at the behest of Gov. Newsom, the city sued the state.

January 31, 2019 - SF Gate

Op-Ed: By-Right Zoning Allows Tall Buildings But Not Citizen Feedback

A local block association leader expresses frustration with the development approvals process in New York City.

August 9, 2018 - Crain's New York Business

California's First Use of 2017 'By-Right' Housing Law

A Berkeley parking lot is the site of the state's first implementation of a controversial landmark law that allows eligible developments with affordable housing to bypass the normal channels for approval if they conform to local zoning laws.

March 14, 2018 - KPIX

San Francisco Street

Is CEQA the Main Impediment to Housing Construction in California?

According to a new study by UC Berkeley and Columbia University, local land use processes, specifically the approval process, rather than the California Environmental Quality Act, is the main impediment to housing production in California.

February 24, 2018 - Los Angeles Times

New California Housing Laws Not Well Received Locally

City council members of Burlingame, a small, affluent suburb south of San Francisco, are not happy with new laws that take away their discretion to reject developments that fail to meet "neighborhood character" criteria, but meet zoning requirements.

December 8, 2017 - The Daily Journal

Construction

California's New 'By-Right' Housing Law: Will it Make a Difference?

A new law could enable affordable housing projects, if they meet the specified criteria, to bypass the public process that so often blocks their approval.

October 5, 2017 - Los Angeles Daily News

Hotel California

California Lawmakers Continue Push For More Affordable Housing

The author of California’s successful accessory dwelling unit legislation last year discusses this session's efforts, as well as the role of the state in determining local housing supply.

May 3, 2017 - The Planning Report

An Argument for Pairing By-Right Zoning With Form-Based Codes

Opticos Design believes by-right zoning and form-based codes can be a win-win for communities.

November 30, 2016 - Logos Opticos: Composing Vibrant Urban Places

New Report Recommends Tough Medicine to Fix Bay Area's Housing Ailments

A new report by the Bay Area Council argues that the regionwide housing crisis demands a regionwide response, i.e., all nine counties and 101 cities need to build more housing, and if they don't, there needs to be consequences.

November 11, 2015 - San Francisco Chronicle

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