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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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Supreme Court Outside

April 19, 2024 Exactions and Assessments Takings

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively.

Microphone Meeting

April 17, 2024 Initiatives and Referenda

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum.

Los Angeles

April 16, 2024 Environmental and Land Use Litigation

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

Petitioner's challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations.

Land Development, birds eye view of open land

April 12, 2024 CEQA

Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land

After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project's conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts.

Buildings Stores

April 10, 2024 CEQA

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim

The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project.

Los Angeles

March 19, 2024 Environmental and Land Use Litigation

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. Fix the City, Inc. v. City of Los Angeles, 100 Cal. App. 5th 363 (2024).

Land Construction

February 29, 2024 CEQA

Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence

The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared.

Water Coastal

February 16, 2024 California Coastal Act

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to Deference

The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP).

Real Estate and Housing Construction

January 28, 2024 CEQA

The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is Later Re-Adopted

A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration (MND).

image of the road cutting through the forest

November 14, 2023 CEQA

Class 7 CEQA Exemption Requires Only a Showing of Protection of a Natural Resource, Not the Entire Environment, and a Potential For Environmental Impacts Does Not Prevent Use of a CEQA Exemption

A court upheld an ordinance that restricted development standards in designated overlay zones to protect wildlife corridors, finding that it did not establish a "use" that would be subject to certain requirements of the Surface Mining and Reclamation Act (SMARA).

Housing Buildings

October 20, 2023 CEQA

Court Upholds EIR for UCSF Parnassus Expansion Against Wide-Ranging CEQA Claims

The First District Court of Appeal has approved an EIR analyzing a proposed fifty percent increase in density at the Parnassus campus of the University of California, San Francisco.

Water Hydro Power

September 22, 2023 CEQA

Monterey Water Saga Continues: County’s Approval of Desalination Plant Upheld Against CEQA Challenges

A court of appeal has upheld Monterey County's approvals for a desalination plant, rejecting challengers' claims that uncertainty regarding the availability of source water for the plant necessitated additional CEQA review.

Real Estate Sector image, view of commercial area with new construction

September 8, 2023 CEQA

Court Approves EIR’s Climate Change Analysis for Community Master Plan

The Third District Court of Appeal has held that Sacramento County's environmental impact report for a master planned community complied with CEQA's requirements for analysis of greenhouse gas emissions.

Gavel with scale

August 10, 2023 CEQA

Trial Court Cannot Retain Jurisdiction if Terms of Peremptory Writ of Mandate are Fully Satisfied

The trial court improperly retained jurisdiction of a CEQA challenge after the City of San Diego filed a return to the peremptory writ of mandate confirming that it had rescinded the project approvals and thereby satisfied the terms of the writ.

Education

August 7, 2023 CEQA

School Districts’ Challenge to EIR Based on Inadequate School-Facilities Funding was Speculative

The Court of Appeal rejected a challenge by two school districts to a specific plan EIR, finding the districts' claim that the EIR should have analyzed off-site impacts resulting from inadequate school facilities to be speculative.