Selected Developments
September 2022 Update
Goverment Code §66411.7 was added to the Subdivision Map Act; this updated and created regulations regarding urban lot splits for residential purposes. See §§3.15A, 5.42A.
Goverment Code §65915(c)(2) was amended to update the requirements of affordable housing units when a developer takes advantage of a density bonus in connection with for-sale units, including long-term affordability. See §4.29.
New proposed regulations (86 Fed Reg 69372 (Dec. 7, 2021)) were published, which updated the rules regarding the definition of “waters of the United States.” There is an extensive discussion regarding the Clean Water Act and the two rules (Clean Water Rule and Navigable Waters Protection Rule) that attempted to clarify it. It appears the controversy is far from over. See §4.40.
Goverment Code §65943 was amended to explicitly include housing projects into the definition of “development projects,” but is set to repeal in 2030. See §§5.9, 5.26.
Government Code §66452.5 was altered to allow 45 days for an agency to schedule a hearing if a party appeals from a disapproved tentative map. See §§5.16, 9.38, 9.39, 9.40, 9.44.
There may be some uncertainty regarding public notice requirements for tentative map approvals. If the applicant provides public notice, Govt C §65956(b) requires that the notice state that the public agency’s failure to act on the application within 60 days will result in the application’s being deemed approved. Govt C §65956(b). However, the court in Linovitz Capo Shores LLC v California Coastal Comm’n (2021) 65 CA5th 1106 held that this requirement does not apply to notices prepared and sent out by the agency itself. But see Mahon v County of San Mateo (2006) 139 CA4th 812. See §5.24.
The Subdivision Map Act mandates an initial 2-year life for a tentative map, and originally allowed for up to a 12-month extension. Goverment Code §66452.6(a) was amended to increase this time to 24 months. If multiple final maps (“phased final maps”) are to be filed on a single tentative map under Govt C §66456.1, on the filing of a final map constituting a phase, the life of the remainder of the tentative map is extended by 48 months, instead of 36 months, beyond its normal expiration date under Govt C §66452.6(a), if the subdivider is required to construct, or to finance the construction of, public improvements of $236,790 or more outside the boundaries of the tentative map. Govt C §66452.6(a). See §§5.28, 5.32, 7.12, 13.3.
Government Code §66016.5 was added, creating a list of procedures and regulations regarding impact fee nexus studies. See §§6.16, 8.45.
Government Code §53759 was added to clarify procedures and timelines for attacking fees for water or sewer services. Any action to set aside an ordinance, resolution, or motion adopting a fee or charge for water or sewer service, or modifying or amending an existing fee or charge for water or sewer service, shall be commenced within 120 days of the effective date of the final passage, adoption, or approval of the ordinance, resolution, or motion. Govt C §53759. However, this statute of limitations does not apply to a fee or charge for water or sewer service for which another statute establishes a specific time and procedure for bringing a judicial action or proceeding to attack, review, set aside, void, or annul a fee or charge of that type. Govt C §53759(c). See §6A.48A.
Save Berkeley’s Neighborhoods v Regents of Univ. of Cal.(2021) 70 CA5th 705, 723, applied the equitable balancing test under CCP §389(b) to conclude that the developer was not an indispensable party to an action challenging a campus development project. See §13.5.
