California Land Use & Development Law Report
Real Estate & Land Use, worms eye view of large commercial buildings

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. View posts by topic. Subscribe 🡢
San Benito County

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

 The CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. View blog post
mountain river with a rapid current of rocks with a waterfall in summer

Enforcement Authority Cannot Be Used to Revisit Zoning Decisions

 A Court of Appeal held that a municipal regulation concerning enforcement of zoning laws did not provide a legal basis to challenge a city planning department’s past zoning decisions. San Pablo Ave. Golden Gate Improvement Ass'n, Inc. v. City Council of City of Oakland, 103 Cal. App. 5th 233, 322 Cal. Rptr. 3d 870 (2024). View blog post
image of educational building

California Supreme Court Upholds EIR for UC Berkeley Housing Development

 The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social noise and alternative sites. Make UC a Good Neighbor v. The Regents of the University of California, 16 Cal.5th 43 (2024). View blog post
Water Hydro Power

EIR for State Water Project Contract Amendments Upheld

 The Third District Court of Appeal upheld the Department of Water Resources' EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and alternative options. Planning and Conservation League v. Dept. of Water Resources, 98 Cal. App. 5th 726 (2024). View blog post
Healthcare, medical provider holding an ipad

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

 Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use regulations. View blog post
Gavel and Scales

Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR

An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ "upon certification of a revised EIR" to require an assessment of the adequacy of the revised EIR before the writ could be discharged.  

 View blog post
Supreme Court Outside

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny 

 In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively. View blog post
Microphone Meeting

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

 The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. View blog post
Buildings London

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

 Petitioner's challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. View blog post
Land Development, birds eye view of open land

Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land

 After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project's conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts. View blog post
Buildings Stores

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim

 The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. View blog post
Land Construction

Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence

 The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared.  View blog post
Water Coastal

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to Deference

 The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). View blog post
Real Estate and Housing Construction

The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is Later Re-Adopted

 A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration (MND). View blog post
Gavel banging

Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots

 The Housing Crisis Act of 2019, which enacted Government Code section 66300, generally precludes a city from reducing the intensity of land use on a parcel where housing is allowed below what was allowed on January 1, 2018. View blog post
© 2024 Perkins Coie LLP