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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 17, 2019

Ordinance Prohibiting Short-Term Rentals Did Not Conflict with Federal Policies Promoting Development of the Internet

The Ninth Circuit held that a local ordinance prohibiting short-term vacation rentals (such as those available on Airbnb and other websites) did not conflict with Congressional policies fostering development of the Internet or

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March 15, 2019

Coastal Development Permit Cannot Be Challenged in Court Until After Coastal Commission Decides an Appeal

A court challenge to a local agency's decision to grant a coastal development permit becomes moot when the Coastal Commission accepts an appeal of the decision, the California court of appeal ruled in Fudge v.

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March 12, 2019

Court of Appeal Holds CEQA Review Is Not Required for Project That Is Only Subject to Design Review

The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle Eastside Neighborhood Group v. City of St.

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March 11, 2019

Court Upholds Class 1 Exemption for Improvements to Amusement Park in City of San Diego

The court of appeal found that an amended and restated lease requiring upgrades and improvements to an existing amusement park was exempt from the requirements of CEQA under the Class 1 exemption. San Diegans for Open Government v.

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February 28, 2019

State Minimum Wage Law Applies to Charter Cities

The Second District Court of Appeal has held that California's minimum wage law is a matter of statewide concern and hence applies to charter cities as well as general law cities. Marquez v.

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February 26, 2019

Public Agency Could Validly Accept Dedication After Twenty Years By Physically Occupying the Property

Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019). Prout developed a 165-acre residential subdivision that fronted State Highway 12 in Calaveras County.

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January 28, 2019

29th Annual Briefing on Land Use and Development Law — Materials Available

Perkins Coie attorneys, including regular contributors to this report, recently presented the 29th Annual Land Use & Development Law Briefing in San Francisco, Palo Alto and Walnut Creek.

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January 28, 2019

Court Upholds Los Angeles’s Venice Sign-Off Procedure Against Due Process and Coastal Act Challenges

An appellate court held that the City of Los Angeles's procedure for approval or denial of development projects in Venice did not violate residents' due process rights because the procedure was ministerial.

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January 10, 2019 CEQA

CEQA YEAR IN REVIEW -- 2018

A Summary of Published Appellate Opinions Under the California Environmental Quality Act The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year.

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January 10, 2019

Court of Appeal Holds that Petition Challenging Wal-Mart Project is Barred by Earlier Lawsuit Raising the Same Issues

The court of appeal held that the plaintiff's challenge to the City of Rohnert Park's reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues. Atwell v. City of Rohnert Park (Wal-Mart Stores, Inc.), 27 Cal. App.

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January 10, 2019

Court Upholds the City of Los Angeles’s General Plan Amendment for Mixed Use Development Project

The Second District Court of Appeal upheld the City of Los Angeles's General Plan amendment, which changed the land use designation of a proposed project site for a mixed-use development against challenges the decision was prohibited by the City Charter. Westsiders Opposed v. City of Los Angeles, 27 Cal. App.

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January 10, 2019

Ninth Circuit Holds that Rent Control Board’s Denial of a Mobile Home Owner’s Request for Rent Increase Is Not an Unconstitutional Taking

The Ninth Circuit held that the City of Carson's mobile home rent control board's decision not to factor in debt service increases in its adjustment of a rental rate for a mobile home park did not result in a regulatory taking of the mobile home park owner's property. Colony Cove Props., LLC v. City of Carson, 888 F.3d 445 (9th Cir.

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January 9, 2019

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact Network v. County of San Luis Obispo and Protecting Our Water & Environmental Resources v.

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January 8, 2019

Further Environmental Review Required for Fracking Off California Coast

A federal court has prohibited the U.S. Department of the Interior from approving any plans or permits for hydraulic fracturing off the California coast until it complies with the Coastal Zone Management Act and the Endangered Species Act. Environmental Defense Center v. Bureau of Ocean Energy Management, No. 16-cv-8418, 2018 WL 5919096 (C.D. Cal. Nov.

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January 7, 2019

Agency May Take Over Preparation of the Record in a CEQA Case if the Petitioners Unreasonable Delays Preparing It

Where a petitioner in a CEQA case has elected to prepare the administrative record but unreasonably delays such preparation, the defendant agency may prepare the record itself and be awarded costs for doing so. LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist., 25 Cal. App.