California Land Use & Development Law Report
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.
Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan
The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s redevelopment plan. West Adams Heritage Assn. v. City of Los Angeles, 106 Cal. App. 5th 395 (2024).
CARB's Rejection of Low-NoX Alternative When Adopting Advance Clean Trucks Regulation Did Not Violate CEQA
In California Natural Gas Vehicle Coalition v. State Air Resources Board, 105 Cal. App. 5th 304 (2024), the court upheld the Advanced Clean Trucks Regulation (“Regulation”), holding that the California Air Resources Board did not violate CEQA or the Administrative Procedure Act when it rejected the California Natural Gas Vehicle Coalition’s proposal for a low-NOx vehicle alternative.
Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA
A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County of Los Angeles, 106 Cal.App.5th 1 (2024).
Grocery Outlet Qualified For CEQA Class 32 Exemption as Infill Development
The Sixth District Court of Appeal held that the undefined terms “in-fill development” and “substantially surrounded by urban uses” in the CEQA exemption for in-fill development were not limited by the definitions of similar terms in other parts of the CEQA statute and guidelines. Working Families of Monterey County v.
City’s Greenhouse Gas Emissions Threshold for Delivery Warehouse was Supported by Substantial Evidence
The court upheld a mitigated negative declaration for a parcel delivery warehouse project, finding, among other things, that the threshold of significance and baseline used in preparing the MND were supported by substantial evidence. Upland Community First v. City of Upland, No. E078241 (4th Dist., Sept. 19, 2024).
Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency
The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the record. Yolo Land & Water Defense v. County of Yolo, 105 Cal. App. 5th 710 (2024).
CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending
Enforcement Authority Cannot Be Used to Revisit Zoning Decisions
California Supreme Court Upholds EIR for UC Berkeley Housing Development
EIR for State Water Project Contract Amendments Upheld
UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes
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.
Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny
Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum
