Highlights

  • In the depths of the COVID-19 pandemic, 2020 was a banner year for securing entitlement approvals in California.
  • 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.
  • 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 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.

View larger version of map of approved entitlements.

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