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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.

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April 24, 2020

Intentional Misrepresentations Insufficient to Invalidate Coastal Development Permit Where They Did Not Affect the Coastal Commission’s Decision

The court of appeal rejected a claim that a Coastal Development Permit should be invalidated because it was based on intentional misrepresentations, finding that even if accurate and complete information had been submitted, this would not have caused the Coastal Commission to deny the application or require additional or different conditions. Hubbard v.

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April 23, 2020

Supreme Court Limits Tort Claims By Homeowners at Superfund Sites

The U.S. Supreme Court has issued a wide-ranging decision regarding the rights of homeowners affected by Superfund response actions, ruling that they are bound by CERCLA's ban on additional remedial actions beyond those authorized by the EPA. The case, Atlantic Research Company v. Christian et al., 590 U.S.

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April 23, 2020

Untimely CEQA Suit Barred Regardless of Substantive Merits

The court of appeal held that CEQA claims filed more than 30 days after the City filed a facially valid Notice of Determination were barred by the statute of limitations regardless of whether the agency lacked authority to approve the project or make the CEQA determination.

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April 21, 2020

Counties May Reenact Essential Features of an Ordinance Previously Repealed by Referendum After a "Material Change in Circumstances"

Kern County's ordinance banning marijuana dispensaries was validly reenacted because a "material change in circumstances" had occurred since the County previously repealed a similar ordinance in response to a referendum petition.

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April 21, 2020

U.S. Fish and Wildlife Service Approves Historic Agreement for Protection of Monarch Butterflies

On April 8, 2020, the U.S. Fish and Wildlife Service announced the finalization of a Candidate Conservation Agreement with Assurances for the monarch butterfly. Authorized by the Endangered Species Act, a CCAA is a voluntary conservation agreement that addresses the conservation needs of at-risk species before they are listed as endangered or threatened.

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April 20, 2020

Mitigated Negative Declaration Inadequate for Mixed-Use Project

The Second District Court of Appeal held that a project's potentially significant environmental impacts required preparation of an EIR rather than the mitigated negative declaration adopted by the City. Save the Agoura Cornell Knoll et al. v.

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April 20, 2020

Vintners Lose Challenge to Local Coastal Program Ban on New Vineyards

A California Court of Appeal upheld denial of a petition by vintners challenging the prohibition on new vineyards within the Santa Monica Mountains Coastal Zone in deference to the California Coastal Commission's finding that viticulture adversely impacts sensitive habitats, water quality, water supply, and scenic resources.

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April 9, 2020

Takings Claim Unripe Where Property Owner Knowingly Failed to Seek Exemption from City Requirements

The Ninth Circuit upheld dismissal of a takings claim as unripe because plaintiffs did not seek a timely exemption from the City's requirements for conversion of property into condominium ownership. Pakdel v. City and County of San Francisco, No.

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April 1, 2020

Non-Essential Construction No Longer Allowed Under New Bay Area Shelter-in-Place Orders

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March 25, 2020

Environmental Compliance and COVID-19

The coronavirus (COVID-19) is placing businesses in situations where facilities have to be shut down, staff are sent home, laboratories that test monthly samples are temporarily closed, and contractors who normally conduct sampling or testing are not available. These circumstances create challenges for environmental regulatory/permit compliance.

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March 23, 2020

Governor's Order Assists Tenants, Homeowners and Borrowers Affected by COVID-19

As the widespread economic impacts of the coronavirus (COVID-19) worsen, Governor Gavin Newsom has issued Executive Order N-28-20 to assist Californians experiencing financial hardship.

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March 19, 2020

Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant Public Benefits

Attorney's fees could not be recovered in a CEQA action in which the plaintiff obtained an initial stay of the project but the applicant later had the project approvals rescinded, citing inability to afford to litigate the case.

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March 19, 2020

Real Estate Guidance During Coronavirus Pandemic

As the coronavirus (COVID-19) continues to spread, rapidly evolving economic and social changes are presenting a host of legal issues for the real estate industry. Attorneys at Perkins Coie, LLP, have published guidance on some of the more pressing issues affecting developers, landlords, tenants, and lenders.

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March 18, 2020

“Whole of the Council” Meant All City Councilmembers, Not Just Those Present and Voting

A court of appeal upheld the City of Madera's interpretation of a municipal code provision requiring "a five-sevenths vote of the whole of the [City] Council" as mandating the approval of five councilmembers, rather than a five-sevenths vote of the councilmembers voting on the matter.

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March 17, 2020

COVID-19 Shelter-In-Place Orders Exempt Activities Necessary for the Construction of Housing

On March 16, 2020, in response to the COVID-19 (coronavirus) global pandemic, seven counties – Alameda, Contra Costa,