Examining Entitlement in California to Inform Policy and Process: Advancing Social Equity in Housing Development Patterns

136 Pages Posted: 8 Nov 2021 Last revised: 11 Apr 2022

See all articles by Moira O'Neill

Moira O'Neill

University of California, Berkeley - Institute for Urban and Regional Development; University of Virginia, School of Architecture

Eric Biber

University of California, Berkeley - School of Law

Giulia Gualco-Nelson

Columbia University - Graduate School of Architecture, Planning and Preservation

Nicholas Marantz

University of California, Irvine - Department of Planning, Policy and Design; University of California, Irvine School of Law

Date Written: September 18, 2021

Abstract

This is a copy of the accepted final research report for the California Air Resources Board that details findings and analysis from an ongoing study, the Comprehensive Assessment of Land Use Entitlements Study (CALES). CALES examines how jurisdictions approve dense housing development and details entitlement processes (often the first step to development). CALES analyzes how enforceable climate policies operate in relationship to the approval of new housing in urban cities and exurban areas, and whether new housing development in both contexts faces opposition through lawsuits. All data points to local authority over land and local regulation as the most significant barrier to increasing infill dense housing and affordable housing. Local governments could eliminate obstacles associated with state level environmental regulation (and related litigation) by reforming their own local law. Though community opposition to housing through litigation varies across cities, less than 3% of all approvals in our data faced opposition through litigation—with no noticeable difference between litigation rates for housing in infill or exurban contexts. Both dense infill and exurban subdivision development used similar expedited environmental review pathways intended to promote infill development. This includes exurban development sited in high fire hazard areas.

Keywords: land use, zoning, housing, environmental regulation

Suggested Citation

O'Neill, Moira and Biber, Eric and Gualco-Nelson, Giulia and Marantz, Nicholas and Marantz, Nicholas, Examining Entitlement in California to Inform Policy and Process: Advancing Social Equity in Housing Development Patterns (September 18, 2021). Available at SSRN: https://ssrn.com/abstract=3956250

Moira O'Neill (Contact Author)

University of California, Berkeley - Institute for Urban and Regional Development ( email )

230 Bauer Wurster Hall
#1820
Berkeley, CA 94720
United States

HOME PAGE: http://https://www.law.berkeley.edu/research/clee/about/people/moira-oneill/

University of Virginia, School of Architecture ( email )

Campbell Hall
P.O. Box 400122
Charlottesville, VA 22904
United States

Eric Biber

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Giulia Gualco-Nelson

Columbia University - Graduate School of Architecture, Planning and Preservation ( email )

New York, NY
United States

Nicholas Marantz

University of California, Irvine - Department of Planning, Policy and Design ( email )

300 Social Ecology I
Irvine, CA 92697-7075
United States

HOME PAGE: http://socialecology.uci.edu/faculty/nmarantz

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
332
Abstract Views
1,576
rank
128,547
PlumX Metrics