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.
U.S. Fish & Wildlife Service Adopts 30-Year Eagle Take Rule
As we previously reported, in August 2015, a federal court nullified the U.S.
Initiative petition must include full text of every provision enacted into law
Local election over Walmart project invalidated for violation of the Brown Act
CEQA YEAR IN REVIEW 2016
A Summary Of Published Appellate Opinions Under The California Environmental Quality Act
California Supreme Court Rejects City’s Attempt To “Evade” General Plan Amendment Referendum
City Does Not Have Burden of Showing Reasonableness of Housing Fees
City Council Can Sponsor Ballot Measure To Repeal Prior Initiative That Restricts Council Action
Elections Code section 9222 allows a city council to propose a ballot measure that repeals or amends a prior initiative. In Brookside Investment, Ltd. v. City of El Monte (2d. Dist. No. B267081, Nov. 15, 2016) the court held that section 9222 does not unconstitutionally interfere with the voters' reserved power of initiative, even when the prior initiative restricts council action.
Zoning Ordinance Is Not Necessarily a Project Subject to CEQA
California Coastal Act Trumps Statutes Awarding Density and Height Increase Bonuses
Statutes awarding housing density and height increase bonuses do not take precedence over the California Coastal Act, according to a decision of the Second Circuit Court of Appeal.
Court of Appeal Clears the Way for Level 3 School Fees
The California Court of Appeal yesterday lifted a stay it had imposed in a lawsuit by the California Building Industry Association challenging implementation of "Level 3" school facilities fees.
Citywide Community Facilities District to fund additional municipal services was valid under the Mello-Roos Act
California Adopts Ambitious New Greenhouse Gas Reduction Targets
- New state-wide target for reductions in GHG emissions.
Municipal Regulation of Telecommunications Equipment In Public Right Of Way Based On Aesthetic Considerations Not Preempted
MOU Allocating Responsibility for Development of Groundwater Management Plan Not a Project Under CEQA
Uncertainty About an Agency’s Discretion to Determine Historical Significance for Purposes of CEQA Is Finally Put to Rest
Resolving a long-standing debate, the court in Friends Of The Willow Glen Trestle v. City Of San Jose (H041563), 6th Dist. Aug. 12, 2016, ruled that San José's determination that a railroad trestle bridge was not a historic resource was to be evaluated under the substantial evidence standard of review.