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.
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March 10, 2020

San Francisco Voters Approve Vacancy Tax Ordinance

 San Francisco voters have approved a Vacancy Tax Ordinance, which imposes a tax assessment on vacant commercial space beginning January 1, 2021. View blog post
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March 10, 2020

Zoning Ordinance Prohibiting Religious Assemblies Did Not Violate Religious Land Use and Institutionalized Person’s Act

 A Riverside County zoning ordinance that removed religious assemblies as a permissible use in a particular zone did not violate the equal terms provision of the Religious Land Use and Institutionalized Person's Act (RLUIPA) because it prohibited both religious and secular institutions alike from staging events without charging a fee. View blog post
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January 31, 2020

New Regulations Narrow Reach of Clean Water Act

 The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. View blog post
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January 28, 2020

San Francisco Expands Just Cause Eviction Protections

 Effective January 20, 2020, eviction controls under the San Francisco Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) (the "Rent Ordinance") apply to any residential units constructed after June 13, 1979, and any residential units that have undergone substantial rehabilitation. View blog post
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January 14, 2020

Administration Announces Major Overhaul of NEPA Regulations

 On January 10, the White House Council on Environmental Quality published significant revisions to regulations implementing the National Environmental Policy Act, the first such overhaul since adoption of the regulations in 1978. View blog post
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January 14, 2020 CEQA

CEQA YEAR IN REVIEW 2019

A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

View blog post
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January 12, 2020

Automobile Delay May Not Be Treated As a Significant Environmental Impact

 Automobile delay (as measured solely by roadway capacity or traffic congestion) cannot constitute a significant environmental impact, even for projects that were approved before the new CEQA guidelines on transportation impacts were certified in December 2018. Citizens for Positive Growth & Preservation v. View blog post
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January 9, 2020

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

 The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing provisions of the Act. Anderson v. View blog post
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January 9, 2020

City’s General Plan Policies Allowing Exemptions from Zoning Requirements Did Not Violate Fourteenth Amendment or Result in Spot Zoning

 The City of Sacramento did not violate constitutional law or implied-in-law zoning contract when it approved a project with characteristics that deviated from the City's zoning ordinance. Sacramentans for Fair Planning v. City of Sacramento, 37 Cal. App. 5th 698 (2019) A developer sought approval to build a high-rise tower in Midtown Sacramento. View blog post
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January 9, 2020

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

 A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative.  Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City Council adopted an initiative, approved by 10 % of the City's voters, without alteration in accordance with Elections Code section 9215. View blog post
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January 7, 2020

Court Upholds San Diego Convention Center Expansion

 A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission's approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission, 40 Cal. App. 5th 563 (2019). View blog post
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January 6, 2020

San Francisco County Transportation Authority is Not Subject to the City’s Sunshine Ordinance

 The First District Court of Appeal held that the San Francisco County Transportation Authority is a state agency and thus did not need to comply with local public access rules. View blog post
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December 31, 2019

Conditions for Coastal Development Approvals Must Be Reasonably Tailored to Accomplish Their Intended Purpose

 The Fourth District Court of Appeal held that that while most of the California Coastal Commission's conditions for construction of a home on an oceanfront lot were reasonable, a requirement that the home be removed from the parcel "if any government agency orders it not to be occupied due to a natural hazard" was "overbroad, unreasonable and [did] not achieve the Commission's stated purpose in dr View blog post
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December 31, 2019

Documents Merely Referenced in a General Plan Resolution Need Not be Included in a Referendum Petition

 If a referendum petition includes the full text of the subject land use measure, documents referenced in such measure need not be attached to the petition unless they are attached to the measure or expressly incorporated into it by reference. View blog post
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December 31, 2019

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures

 An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. View blog post
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