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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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June 11, 2012

Do Effects on the Adequacy of Public Services Have to be Mitigated Under CEQA?

No, at least according to a recent court of appeal decision in a case brought by the City of Hayward to challenge the EIR for the California State University East Bay campus master development plan.

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June 10, 2012

Court Invalidates San Jose Affordable Housing Ordinance

The California Building Industry Association scored a major victory recently when a San Jose judge threw out the city's requirement that residential developers sell or rent a specified portion of newly-built homes to lower-income households.

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June 10, 2012

The 2012 Edition Curtin's California Land Use and Planning Law Available Soon!

For over three decades, Curtin's California Land Use & Planning Law has provided a succinct and definitive summary of the major provis View blog post
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June 9, 2012

Supreme Court to Decide Scope of Categorical Exemptions from CEQA

In what is perhaps the most controversial CEQA decision this year, the court of appeal in Berkeley Hillside Preservation invalidated permits for construction of a single-family home, ruling that the project did not qualify under CEQA's categorical exemption for construction of a single-family residence or its categorical exemption for infill development.  The Cali View blog post
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June 8, 2012

Coastal Commission Steps Over the Line By Imposing Local Coastal Plan Amendment

In a jurisdictional dispute pitting the City of Malibu against a state conservancy and the California Coastal Commission, the court of appeal ruled the Commission lacked authority to disregard the city's objections to an amendment to its Local Coastal Program.  While the Commission has the power to override a local agency's objections to LCP amendments  requested by public a

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June 8, 2012

When Is Wetland a Wetland - And How Do We Find Out?

 In recent years, two United States Supreme Court decisions have significantly reduced the scope of federal wetlands jurisdiction under the Clean Water Act.  Solid Waste Age

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June 6, 2012

How Far Will USFWS Expand Incentives for Voluntary Conservation Actions Under the Endangered Species Act?

The U.S.

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June 5, 2012

Are We Ever Getting a Redevelopment Clean-Up Bill?

As the behemoth redevelopment dissolution bill, ABx1-26, lurched toward final passage last June, legislator after legislator reassured local governments that the bill's rough edges would be planed in no time with clean-up legislation.

Almost a year later, municipalities are still waiting.

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June 4, 2012

Sequential Lot Line Adjustments Get The Green Light.

Lot line adjustments offer a streamlined alternative to the complex process of subdividing land.  However, lot line adjustments have historically been  limited to four or fewer adjoining parcels.  In a decision that may significantly expand use of lot line adjustments, the court of appeal in 

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June 4, 2012

State University's Duty to Mitigate Transportation Impacts to be Considered by Supreme Court

In City of San Diego v  Board of Trustees of the California State University, the court of appeal overturned the EIR for the San Diego State University campus expansion plan, ruling that it did not adequately address transportation impacts and mitigation measures for those impacts.  In a decision issued on December 13, the court rejected the university's finding that&nbs

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June 3, 2012

Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project

Provisions of Appendix G of the CEQA Guidelines that purport to require analysis of the effects of environmental hazards on a proposed project have been declared invalid by California's Second District Court of Appeal.  The court held that such impacts are not encompassed by CEQA, rejecting a claim that an Environmental Impact Report was required to eval View blog post
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June 3, 2012

Redevelopment Assets Ordered Returned by State Controller

Last year's bill eliminating redevelopment agencies, AB x1-26,  has created massive headaches for successor agencies as they attempt to unwind years of complex financial transactions.

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June 1, 2012

New Title 24 Efficiency Standards Adopted

On May 31, the California Energy Commission (CEC) unanimously adopted new Title 24 energy efficiency standards for residential and commercial buildings.  A summary of the new standards appears on the View blog post
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May 23, 2012

No Right to Appeal LEA's Certification of EIR for Solid Waste Facilities Permit to Board of Supervisors

In No Wetlands Landfill Expansion v. County of Marin the First District Court of Appeal held that community organizations had no right to have the county's board of supervisors hear an appeal of an EIR certification determination by the county's solid waste management agency. The decision addresses the interplay between the CEQA and the Integrated Waste Management Act.

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May 9, 2012

Decision Exempting Modification of Judgment Imposing a Physical Solution to Water Rights Issues is Reinstated by California Supreme Court

As a result of a protracted adjudication over overdrafting of the 100,000-acre Los Angeles County West Coast Groundwater Basin, a stipulated judgment imposing a "physical solution" to reduce depletion of groundwater resources has regulated Basin water production and allocations since 1961.  The judgment does not, however, contain provisions governing water storage, so in 2009 Golden State Wat View blog post
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