City of Los Angeles voters approved measure HHH in 2016 to facilitate the construction of 10,000 units of permanent supporting housing to address the City’s homeless crises. The City Council followed-up in April 2018 by passing an ordinance which eliminates CEQA review for housing projects up to 120 units and that meet zoning requirements. The City also passed an ordinance to streamline the conversion of motels into temporary apartment housing. Not surprisingly, the City’s attempts to streamline environmental review for these housing projects has drawn CEQA challenges.

Project opponents argue that the City underestimate the number of units the ordinances will facilitate, failed to considered potential increases in crime, and the potential environmental impacts resulting from changes in property values. Project opponents insist their CEQA litigation is not driven by NIMBYism, though they also oppose housing projects which will not qualify for streamlined environmental review. In contrast, the City is adamant that it property studied the potential impacts of the ordinances, and that constructing additional housing units will actually reduce strain on City services.

These circumstances emphasize why CEQA requires a legislative approach to reduce abuse by NIMBY’s challenging needed housing projects. Local agencies are reluctant to cede any local control or zoning power, but their individual efforts to address housing shortages are met with more CEQA lawsuits, as demonstrated here. Eliminating favorite NIMBY arguments and tactics against housing project from the CEQA statute is ambitious, but should remain a focus of CEQA reform.