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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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July 23, 2021 Takings

Pursuit of State Administrative Remedies Not Necessary to Obtain Final Decision for Federal Takings Claim

The U.S. Supreme Court held that property owners do not have to comply with state administrative processes to obtain a final decision before bringing a takings claim under 42 U.S.C. § 1983 when the government's position is clear. Pakdel v.

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July 23, 2021

Sovereign Immunity Barred Quiet Title Suit Against Indian Tribe

The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. Self v. Cher-Ae Heights Indian Community, 60 Cal. App. 5th 209 (2021). The Cher-Ae Heights Indian Community of the Trinidad Rancheria is a federally recognized Indian tribe in Humboldt County, California.

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July 15, 2021 California Coastal Act Planning and Zoning

Public Notice Need Not State That Permit Will Be Deemed Approved in Order for Permit Streamlining Act to Apply

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July 12, 2021

Ninth Circuit Invalidates Rule Requiring Notice to States Prior to Filing a Listing Petition Under the Endangered Species Act

The Ninth Circuit Court of Appeals recently invalidated a 2016 rule that required a 30-day notice to affected state fish and wildlife agencies prior to filing a petition to list a species as threatened or endangered under the Endangered Species Act. Friends of Animals v. Haaland, 997 F.3d 1010 (9th Cir.

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July 11, 2021

Grantees’ Use of Easement Property for Parking Exceeded Scope of Rights Reserved in Easement Deed

The court of appeal held that a secondary easement right exists only to the extent necessary to effectuate the principal easement described in the document creating the principal easement. Pear v.

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June 27, 2021

Charter Amendment Regarding Lease Revenue Bonds Did Not Require Voter Approval

The California Court of Appeal held that 2016 amendments to the San Diego City Charter did not require the City to obtain voter approval prior to entering into a lease revenue bond transaction with the Public Facilities Financing Authority of the City of San Diego.

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June 27, 2021

Evidence About Existing Wildfire Hazards Near a Project Does Not Require an EIR

Evidence about past wildfires and the risk of future wildfires impacting residents near a proposed project does not require the lead agency to prepare an environmental impact report unless there is substantial evidence supporting a fair argument that the project may exacerbate existing wildfire hazards.

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June 21, 2021

Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established Prescriptive Easement

A California Court of Appeal held that longstanding use of a landowner's property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v.

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June 8, 2021 California Coastal Act

City’s Ban on Short-Term Vacation Rentals in Coastal Zone Violated Coastal Act

A city's ban on short-term vacation rentals in the coastal zone constitutes "development" under the California Coastal Act. Therefore, the Coastal Commission must first approve a coastal development permit, an amendment to the city's certified local coastal program, or an amendment waiver before such a ban can be imposed. Kracke v. City of Santa Barbara, 63 Cal. App. 5th 1089 (2021).

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June 7, 2021

Water District Rate Increases Violated Proposition 218

A court of appeal invalidated a water district's adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not exceed the cost of providing the water service. KCSFV I, LLC v. Florin County Water District, No.

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June 4, 2021

California Governor Extends Flexibility to Hold Virtual Public Meetings

In March 2020, as part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and to make meetings accessible electronically notwithstanding the open meeting requirements in the Bagley-Keene Act and the Brown Act.

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May 25, 2021

Judicial Streamlining Renewed for Expanded Set of “Environmental Leadership” Projects

California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain "environmental leadership development projects" and extends eligibility to additional housing projects.

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May 18, 2021

Deliberate Delay in Prosecuting Brown Act Claims Warranted Dismissal Under Laches Doctrine

Plaintiff's Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire Protection District, No.

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May 17, 2021

Agency’s Preparation of Supplemental EIR Rather Than Subsequent EIR for Modifications to Proposed Desalination Plant Was Appropriate

The State Lands Commission was not required to assume the role of lead agency and prepare a subsequent EIR for changes to a desalinization plant for which an EIR had already been certified by the City of Huntington Beach as lead agency. California Coastkeeper Alliance v State Lands Commission, 64 Cal. App.

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May 14, 2021 Takings

Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of Nollan and Dolan and was therefore unconstitutional.