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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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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.

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December 22, 2019

Permitting Scheme to Encourage Cooperation Between Owners of Surface Rights and Mineral Rights Did Not Violate Due Process or Equal Protection

A zoning ordinance providing for expedited oil and gas permitting where owners of the mineral estate cooperate with surface owners did not grant surface owners so much control as to offend the mineral owners' due process. Nor did disparate treatment of mineral owner permittees violate equal protection where County had legitimate objective of encouraging cooperation among split-estate owners.

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December 19, 2019

School Mitigation Fees May Validly be Imposed on Adult-Only Seasonal Farmworker Housing

When imposing a school impact fee on residential development, a district need not separately analyze particular subtypes of projects; the authorizing statutes simply require a reasonable relationship between the need for the school facilities and the type of development project -- in this case, residential. Tanimura & Antle Fresh Foods v. Salinas Union High School Dist., 34 Cal. App.

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December 16, 2019

Unsubstantiated or Speculative Expert Opinion Is Not Substantial Evidence of a Significant Environmental Impact

Editors' Note: On January 2, 2019, the California Supreme Court granted a request for depublication of this decision.

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December 9, 2019

No Subdivision of Williamson Act Land Unless Residential Development is Closely Associated With Agricultural Use

The County of San Diego violated the Subdivision Map Act by approving residential development of land restricted to agricultural use under the Williamson Act when the development was neither closely related to nor necessary for agricultural use. Cleveland Nat. Forest Foundation v. County of San Diego, 37 Cal. App.

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December 6, 2019

Increase in San Francisco Office and Laboratory Use Development Fees to Pay for Affordable Housing

The San Francisco Jobs Housing Linkage Fee (JHLF) is set to more than double under the "Housing for SF Workers" ordinance recently passed by the San Francisco Board of Supervisors (Ordinance).

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December 6, 2019

Plaintiffs Failed to Exhaust Administrative Remedies When Their Consultant Did Not Expressly Raise Takings Claim

Continuing a trend toward stricter application of the administrative exhaustion doctrine, an appellate court held that plaintiffs could not bring a takings claims against the Coastal Commission because they did not "present the exact issue" during the administrative proceedings. Greene v.

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November 27, 2019

Action for Refund of Developer Fees Was Subject to One-Year Statute of Limitations

The Third District Court of Appeal held that a suit for refund of developer fees based on failure to make findings required under the Mitigation Fee Act was an action for a "penalty or forfeiture" subject to the one-year limitations period under Code of Civil Procedure section 340(a). County of El Dorado v. Superior Court (Austin), No. C088409 (3rd Dist. Oct.

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October 30, 2019

Unlicensed Treatment Facility Operating in Violation of Local Zoning Code Not Eligible for Safe Harbor Provisions of Health and Safety Code

Operators of an unlicensed alcohol and drug treatment facility in violation of a city's zoning ordinance could not avail themselves of the California Health and Safety Code's safe harbor provisions. City of Dana Point v. New Method Wellness, 39 Cal. App.

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October 22, 2019

New California Law Restricts Municipalities’ Ability to Limit Housing

California Governor Gavin Newsom has signed into law a major set of restrictions on the actions California cities and counties may take to impede housing development.

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October 10, 2019

Local Ban on Airbnb and Other Short-Term Rentals Did Not Violate Dormant Commerce Clause

An ordinance that banned short-term residential rentals and related activities did not violate the Dormant Commerce Clause, which prohibits discrimination against interstate commerce by state and local governments. Rosenblatt v. City of Santa Monica, 940 F.3d 439 (9th Cir.

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October 9, 2019

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

A plaintiff challenging a city council's interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted. Friends of Spring Street v.

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October 2, 2019

Agency Inaction Is Not a CEQA Project

An agency's failure to maintain a historic building—"demolition by neglect"—is not a "project" subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First District Court of Appeal, Sept. 13, 2019). The Lake Norconian Club is a former hotel that is listed on the National Register of Historic Places.

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September 23, 2019

California Supreme Court Clarifies What Is a “Project” Subject to CEQA

The California Supreme Court clarified what activities are subject to CEQA in its recent decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, No. S238563, 2019 WL 3884465 (Aug. 19, 2019). First, the court held that enactment of a zoning ordinance is not necessarily a project in all circumstances.

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September 16, 2019

City Not Required to Evaluate Impacts of Loss of Rental Units from Already-Vacant Building

A lead agency was not required to evaluate the housing-related impacts of a proposed hotel in a vacant building that was formerly used for rental housing. Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles, 37 Cal. App.