West Coast Land Use Posts Banner Year for Entitlement Approvals in California

In the depths of the COVID-19 pandemic, 2020 was – somewhat surprisingly – a banner year for securing entitlement approvals.

Holland & Knight's West Coast Land Use and Environmental Group secured approvals for approximately 10,000 housing units and 5 million square feet of commercial development in 2020. These entitlement milestones were secured amid constantly changing shelter-in-place orders, emergency rules regarding statutes of limitation from the Judicial Council of California, a widespread transition to virtual public hearings and myriad dynamic factors.

In reviewing the 2020 approvals, a number of themes emerge. First, the frequency of the use of housing laws cannot be denied, from common use of the State Density Bonus Law to the novel use, in court, of the Housing Accountability Act to secure approvals through litigation. Real world applications of Senate Bill (SB) 35 to secure approvals for housing development also emerged. Distinctive housing types included micro units, supportive housing and Accessory Dwelling Units.

Other obstacles also were navigated, including historic resources, airport land use compatibility and brownfields redevelopment.

In commercial development, a building boom erupted in the life sciences space, with several notable approvals for research and development uses.

In the California Environmental Quality Act (CEQA) arena, one of the more exciting developments has been the increased use of Sustainability Communities Environmental Assessments (SCEAs) and a growing comfort with and acceptance of these streamlining mechanisms by decision-making agencies.

The West Coast Land Use and Environmental Group thanks its clients for the always interesting and engaging project opportunities and looks forward to new prospects as the economy rebounds.

For more information about how the group can help achieve your goals, please contact the authors.

View larger version of map of approved entitlements.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.