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California Land Use & Development Law Report

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California Land Use & Development Law Report

California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.

Dense Housing
December 18, 2025 Housing

Court of Appeal Rejects Housing Element Overlay Strategy

In New Commune DTLA LLC v. City of Redondo Beach, 115 Cal.App.5th 111 (2025), the Second District Court of Appeal reversed a judgment upholding Redondo Beach’s housing element and ordered the trial court to issue a writ compelling housing element revision.

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Parking Garage
December 18, 2025

Ongoing Public Use Does Not Bar Surplus Land Designation

The First District Court of Appeal held that the City of Santa Rosa did not abuse its discretion under the Surplus Land Act when it declared a city-owned downtown parking garage to be surplus land, even though the property continued to serve a public parking function and the City conditioned its disposition on retention of some parking spaces. Airport Business Center v.

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Delta Waterway
December 12, 2025 CEQA

Preliminary Geotechnical Work for Delta Project Not Subject to CEQA Piecemealing Prohibition

In Tulare Lake Basin Water Storage District v. Department of Water Resources, 115 Cal. App. 5th 342 (2025), the Third District Court of Appeal held that the Delta Reform Act’s certification-of-consistency requirement does not incorporate CEQA’s whole-of-an-action requirement and prohibition against piecemealing. 

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houses
December 4, 2025

Court of Appeal Confirms Charter Cities Are Subject to Housing Element Cure

 A recent decision by the Fourth District Court of Appeal confirms that the expedited procedures and judicial remedies against municipalities that lack a compliant housing element apply to charter cities. Kennedy Commission v. Superior Court of San Diego County, 114 Cal. App. 5th 385 (2025).

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well
November 12, 2025

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a foreclosure sale. Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners LLC, 113 Cal.App.5th 519 (2025).

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San Diego
October 29, 2025 CEQA

San Diego’s Approval of Ballot Initiative Raising Height Limit in Coastal Neighborhood Violated CEQA (Again)

Twice in the past five years, San Diego voters have approved ballot initiatives seeking to raise the 30-foot height limit for buildings in the city’s Midway-Pacific Highway Community Planning Area (often referred to as the Midway district).

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remodel
October 15, 2025

Court of Appeal Rejects Costa-Hawkins Rent Control Exemption for Renovated Former Military Housing

The First District Court of Appeal held that a new certificate of occupancy and substantial property improvements do not exempt former military housing from local rent control under the Costa-Hawkins Rental Housing Act when those units were previously used for residential purposes. CP VI Admirals Cove, LLC v. City of Alameda, 113 Cal. App. 5th 1167 (2025).

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Housing
October 13, 2025 Initiatives and Referenda

Court of Appeal Clarifies When Development Agreements Are Subject to Referendum in California

The First District Court of Appeal’s recent decision in Move Eden Housing v. City of Livermore, ___ Cal. App. 5th ___, 2025 WL 2837353 (Oct.

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Fields
October 8, 2025

Agreement Authorizing City to Transfer Water Beyond its Boundaries Did Not Require Consistency with General Plan

The City of Fairfield was not required to demonstrate that an agreement to receive, treat, and return water to Solano County Irrigation District was consistent with the City’s general plan. Not every decision that affects land use is a “land use decision” that requires consistency with the general plan under California Planning and Zoning Law. Solano County Orderly Growth Committee v.

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Urban Transit Hub
September 18, 2025

California Legislature Passes Senate Bill 79, Paving the Way for More Housing Near Urban Transit Hubs

Key Takeaways

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legislature
September 18, 2025 CEQA

Major CEQA Reforms Limit Review for Housing and Other Projects

In the most significant reforms to CEQA in recent years, two new laws—AB 130  and SB 131—exempt certain infill housing from CEQA, limit environmental review for housing projects that nearly qualify for an exemption, and introduce other significant reforms for rezoning and nonresidential projects. 

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Fields
September 16, 2025

Court of Appeal Rejects Constitutional Challenges to Ordinance Requiring Restrictive Covenant for New Residential Development on Agricultural Land

The First District Court of Appeal held that a local government may condition the issuance of a permit to build residential units on agricultural land on the developer’s willingness to record a restrictive covenant.  Benedetti v. County of Marin, 113 Cal. App. 5th 1185 (2025).

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Fairfield
September 16, 2025

First District Court of Appeal Clarifies Limits on “Grandfathered” Local Assessments Under Proposition 218

The First District Court of Appeal’s recent published opinion in Thacker v. City of Fairfield, 113 Cal. App.

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Forest
August 21, 2025 NEPA

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under NEPA. However, it found the Forest Service violated NEPA by failing to adequately analyze cumulative impacts in conjunction with a related project.

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Oaks
August 20, 2025 CEQA

Catch-All Provision in County Application Checklist Violated Permit Streamlining Act

A Court of Appeal held that a provision in the County of Amador’s checklist for an encroachment permit requiring "[o]ther information as may be required" violated the Permit Streamlining Act. Old Golden Oaks LLC v. County of Amador, 111 Cal.App.5th 794 (2025).

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