SAN FRANCISCO (January 23, 2026) – A team of Holland & Knight attorneys helped secure an important California Court of Appeal victory for real estate developer Orchard Crossing Inc., paving the way for new housing in the City of Benicia. The decision was announced on January 16.
In 1000 Friends Protecting Historic Benicia v. City of Benicia (2026) Cal.App.1st, the First District Court of Appeal rejected an appeal seeking to block two proposed housing projects, including the Orchard Crossing project, in Benicia. The appellant, 1000 Friends Protecting Historic Benicia, had challenged the city's approvals of projects proposed in the Benicia Arsenal area. The city determined that both projects were eligible for streamlined ministerial review under the provisions of California Senate Bill (SB) 35.
The Court of Appeal rejected all of the appellant's contentions, including that the projects were ineligible for streamlined review because of alleged impacts on wetlands and protected historic structures. The Court of Appeal also held that because the approvals were ministerial and not subject to the California Environmental Quality Act (CEQA), the city had properly rejected the appellant's request for a hearing before the City Council pursuant to CEQA regarding the determination of eligibility for project review under SB 35.
SB 35, enacted in 2017, streamlines the permitting process for qualified housing developments to help address California's ongoing housing shortage. This marks Holland & Knight's second significant Court of Appeal victory applying SB 35. The Firm's earlier published decision, Ruegg & Ellsworth v. City of Berkeley (2021) Cal.App.5th, remains a landmark case shaping the state's modern housing approval framework.
The Orchard Crossing project includes a proposed 14‑unit residential complex at 1451 Park Road, which will include units reserved for affordable housing.
Holland & Knight Partner Brian C. Bunger led the Firm's representation of Orchard Crossing. He received assistance from Partners Daniel Golub and Marne Sussman and Associates Scott Gesundheit, Nathaniel Bernstein and Ana Dragojevic. The team also represented Orchard Crossing and secured a judgment in the original trial court proceedings that also rejected all of the appellant's claims.
"We believe that the court's decision is an important step in reinforcing the avenues for streamlined approval for qualifying housing projects under SB 35," said Mr. Bunger. "The continued need for housing – especially affordable housing – across the state is apparent, and we are proud to have assisted Orchard Crossing to advance this project."
Holland & Knight's West Coast Land Use & Environmental Group is a recognized leader in California housing production and streamlining laws. This ruling highlights the team's position at the forefront of SB 35 implementation and its ongoing work representing clients on complex, vital housing projects across the state.