SMW Represents CFROG Through General Plan Update Process
With the Firm’s help, Climate First: Replacing Oil and Gas (CFROG) successfully advocates in 2020 for Ventura County General Plan policies establishing some of the nation’s strongest health and safety buffer zones around new oil and gas development. The firm also supports CFROG in their fight for adequate environmental review of new oil wells and […]
Protecting Urban Public Lands & Elevating Community Voices
The firm represents Orange County Communities for Responsible Development, a community-labor alliance, in a challenge to the City of Santa Ana’s sale of public lands. While the challenge is underway, the state legislature adopts new Surplus Land Act provisions protecting the public’s interest in such lands. Many of the Santa Ana sales are halted, giving […]
SMW Defends Sign Ordinance
The Ninth Circuit rejects a billboard developer’s challenge to Alameda County’s sign ordinance and upholds a rare award of attorneys’ fees to a prevailing defendant on the grounds that the lawsuit was frivolous. (Citizens for Free Speech, LLC v. County of Alameda, 953 F.3d 655 (9th Cir. 2020).)
Is local control of affordable housing development dead? The answer is unclear.
Photo Credit: Wally Gobetz, Flickr, CC BY-NC-ND 2.0 In the early 1980s, the Legislature enacted the Housing Element Law (Gov. Code § 65580 et seq.) and the Housing Accountability Act (“HAA”, Gov. Code § 65589.5), citing the lack of housing as a paramount state concern. Since then, the Legislature has passed multiple laws limiting the discretion […]
Navigating the Challenges Posed by SB 35
Since its passage in 2017, Senate Bill 35 (SB 35)—a state law requiring local jurisdictions to streamline approval of certain affordable housing projects—has been controversial, to say the least. Over the last few years, SB 35 has been the subject of much litigation, as discussed in Benjamin Gonzalez’s and Andrew Schwartz’s article, “Is local control of affordable housing development dead?” in this issue. But because none of […]
Down Payment Assistance Programs: Building a Bridge to Home Ownership
Costly down payments are a major barrier to home ownership for many Americans. Medium and even some low-income workers and their families may earn enough to afford monthly mortgage payments, but often struggle to save enough for a down payment. According to a recent Urban Institute report, high housing costs fall hardest on Black families, who […]
Appellate Court Invalidates Ordinance Streamlining Oil Drilling in Kern County
The firm prevails in the court of appeal in a CEQA challenge to a Kern County ordinance, adopted in 2015, that would have streamlined the permitting of 72,000 new oil wells throughout the County including near low-income communities. The court directs that the approval of the ordinance be rescinded. (King and Gardiner Farms, LLC. v. […]
SMW Part of Team that Helps Cupertino Take Advantage of Near Historic Lows for Municipal Bond Rates
SMW worked closely with Cupertino staff, bond counsel, municipal advisor, and underwriters to issue about $22 million of Certificates of Participation, refunding previously issued certificates and taking advantage of near historical lows for municipal bond rates. The transaction resulted in average annual savings to Cupertino of nearly $500,000.
SMW Aids in the Acquisition of Land Planned for New Park
SMW attorneys supported the City of Cupertino in its acquisition of more than 7 acres of land planned for a park. Cupertino’s purchase of the property is a critical step in a more than 10-year effort to provide additional parks and recreation areas on the east side of the City.
Agencies Bear Costs of Redacting Electronic Records, But Questions Remain in Recent PRA Decision
Photo Credit: Tobias Kleinlercher, CC BY-SA 3.0, via Wikimedia Commons The California Supreme Court recently issued a ruling on the seemingly mundane issue of whether public agencies may charge Public Records Act (PRA) requesters for the costs of redacting exempt material from electronic records when responding to PRA requests. Although the decision clarifies that agencies […]