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.
Ban on Short-Term Rentals Required Coastal Commission Approval
The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that requires Coastal Commission approval. Darby T. Keen v. City of Manhattan Beach 77 Cal. App. 5th 142 (2022).
Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment
The Court of Appeal held that a ruling denying a petition for writ of mandate constitutes the final judgment in the case and triggers the 60-day period for filing an appeal. Meinhardt v. City of Sunnyvale, 76 Cal.App.5th 43 (2022).
Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely
The Court of Appeal ruled that a suit concerning an affordable housing fee that plaintiff had agreed to pay two decades earlier was still timely because the 90-day limitations period under the Subdivision Map Act did not begin to run until a dispute arose over the interpretation of provisions in the affordable housing agreement. Schmeir v. City of Berkeley, 76 Cal. App.
Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject to Declaratory and Mandamus Relief
The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board's Nonpoint Source (NPS) Policy and the public trust doctrine for failure to protect against agricultural water pollution from crop irrigation, plaintiffs failed to state claims for which either declaratory or mandamus relief was
EIR For Martis Valley Project Near Lake Tahoe Rejected on Four Grounds But Wildfire Evacuation Analysis Complied with CEQA
EIR for Water Ditch to Pipeline Conversion Adequately Described Project and Analyzed Impacts to Resources
Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations
No Further Environmental Review Needed for Subdivision That Was Consistent with Approved Specific Plan
32nd Annual Land Use and Development Law Briefing — Materials Available
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- Developments in Land Use Law
- Housing Legislation Update
- Real Estate Due Diligence
- CEQA -- Cases, Legislation and Trends
- Regulatory Compliance, Investigations and
2021 Land Use and Development Law Case Summaries
1. Planning and Zoning
CHEVRON v. COUNTY OF MONTEREY 70 Cal. App.
Board of Supervisors Decision on CUP Invalid for Failure to Act Within Time Limits Set by County Code
CEQA YEAR IN REVIEW 2021
A Summary of Published Appellate Opinions Under the California Environmental Quality Act
Introduction
The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and no blockbuster court of appeal opinions. But two cases addressed topics of great current interest: wildfire and climate change impacts.
Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit
The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).
After 27 Years, Litigation Over the Monterey Agreement Comes to an End