Western Real Estate Business

MAY 2017

Western Real Estate Business magazine covers the multifamily, retail, office, healthcare, industrial and hospitality sectors in the Western United States.

Issue link: https://westernrealestatebusiness.epubxp.com/i/818922

Contents of this Issue

Navigation

Page 56 of 72

56 • May 2017 • Western Real Estate Business www.REBusinessOnline.com In their arguments before the lower courts, UMMP claimed that CEQA's definition of a "project" mandates that all zoning ordinances are categorical- ly projects and, therefore, all zoning ordinances must be reviewed under CEQA regardless of whether there is evidence that the particular zon- ing ordinance would actually have any physical impacts on the environ- ment. (citing Pub. Res. Code, § 21080.) UMMP further argued that its position is supported by several cases includ- ing Muzzy Ranch Co. v. Solano County Airport Land Us Commission and sever- al decisions from other Appellate Dis- tricts. The Fourth Appellate District of the Court of Appeal, however, dis- agreed, holding that CEQA does not require review of zoning ordinances where there is no evidence that a par- ticular zoning ordinance would actu- ally have a physical impact. Despite this apparent split in author- ity, it is not uncommon for local agen- cies to examine each zoning ordinance on its own merits before determining whether that ordinance requires some level of CEQA review. Indeed, many "paper" zoning ordinances are even less likely than the San Diego ordi- nance to have any kind of impact on the environment. Thus, the California Supreme Court's decision in this case will either establish a bright line rule that all zoning ordinances must be re- viewed under CEQA, or, alternatively, allow local governments the discre- tion to determine whether each spe- cific zoning ordinance is a "project" subject to CEQA review. The second issue raised by UMMP is more limited but could, by anal- ogy, have a broader application. Spe- cifically, UMMP asked the Court to decide whether the enactment of a law allowing the operation of medi- cal marijuana cooperatives in certain areas of a local agency's jurisdiction is categorically not subject to CEQA review. With the recent passage of Prop. 64, the Adult Use of Marijuana Act, how the Supreme Court rules in this case will add yet another element that local jurisdictions will need to pay heed to when considering how to navigate the uncharted territory of marijuana regulation. The Court's ruling here could set a significant precedent for local agencies as they grapple with zoning for both medical and recreational marijuana facilities. In addition, at the heart of this ques- tion is whether a zoning ordinance that concentrates certain uses in cer- tain areas, or shifts existing uses from one area of a jurisdiction to another, requires some level of CEQA review. A ruling in UMMP's favor could cause local agencies to take a harder look under CEQA at activities that merely shift existing uses to different areas rather than those activities that create new uses. Prospective developers should be aware of both issues when analyzing the zoning for future projects. Should the Court side with UMMP, any project that would involve a zoning change, whether or not that project would otherwise have any environ- mental impacts, would require at least some level of CEQA review, poten- tially increasing both the costs and the litigation exposure for those projects. SINGLE-USER TOILET FACILITIES IN ANY BUSINESS ESTABLISHMENT, PLACE OF PUBLIC ACCOMMODATION, OR GOVERNMENT AGENCY MUST BE IDENTIFIED AS ALL-GENDER By Mark Mengelberg, Partner, Nathaniel Touboul, Associate, Allen Matkins Leck Gamble Mallory & Natsis LLP in San Francisco Assembly Bill No. 1732 (AB 1732), which was signed into law on Septem- ber 29, 2016, and went into effect on March 1, 2017, added Section 118600 to the Health and Safety Code (Sec- tion 118600). This re- quires all single-user toilet facilities in any business establish- ment, place of public accommodation, or government agency to be identified as all-gender toilet fa- cilities. According to the author of AB 1732, California State As- sembly member Philip Y. Ting, cur- rent practices that restrict access to s i n g l e - o c c u p a n c y restrooms by gen- der create problems of safety, fairness and convenience. AB 1732 became ef- fective at a time when several cities and educational institutions across the United States are in the process or have already transitioned to a "universal access" approach to rest- room facilities. AB 1732 does not af- fect multi-stall restrooms and does not require establishments to provide single-user toilet facilities; it simply requires single-user restrooms to be all-gender accessible. Section 118600 provides in pertinent part that all single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency must be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regula- tions, and designated for use by no more than one occupant at a time or for family or assisted use. Section 118600 defines "single-user toilet fa- cility" as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user. However, the California Building Code (CBC) defines "unisex (single-user or family) toilets" slightly more broadly to include toilets which contain a privacy latch, no more than one lavatory, and no more than two water closets without urinals, or one water closet and one urinal. The door symbol shown below should appear on all toilets that fall within this defi- nition. Regarding enforcement, it is clear from the statute that building officials or other local officials responsible for code enforcement can inspect estab- lishments for compliance with the bathroom signage requirement. Al- though the penalties for non-compli- ance are not specified, owners should adapt their signs as soon as possible to avoid possible warning notices, pen- alties and fines. If a property which contains a sin- gle-user toilet is leased, the landlord and the tenant should consult with experienced real estate counsel to de- LOCAL EXPERTISE. INTERNATIONAL REACH. WORLD CLASS. lee-associates.com OUTSTANDING MARKET INTELLIGENCE IN OFFICE, INDUSTRIAL , RETAIL , INVESTMENT AND APPR AISAL TO MEET THE SPECIALIZED NEEDS OF OUR DIVERSE CLIENT GROUP. VISIT US AT RECON – C1139 Mengelberg Touboul

Articles in this issue

Links on this page

Archives of this issue

view archives of Western Real Estate Business - MAY 2017