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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. View posts by topic. Subscribe 🡢

Housing Real Estate
July 20, 2023 CEQA

County’s Claimed Failure to Comply with CEQA Was Not a Defense to Enforcement of Encroachment Laws

Property owners who acted illegally by blocking parking on a public street fronting their houses were not entitled to use the County's alleged noncompliance with CEQA as a defense to actions enforcing encroachment laws.  Anderson v. County of Santa Barbara, 94 Cal.App.5th 554 (2023).

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Water Hydro Power
July 16, 2023 CEQA

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water Resources, 90 Cal.App.5th 147 (2023).

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Modern Building
July 7, 2023 CEQA

Compensatory Mitigation Infeasible for Loss of Historic Building

The Court of Appeal upheld the City's determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings in the downtown areas with the same architectural style, period of significance, and purpose. Preservation Action Council of San Jose v.

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Corporate Building
June 29, 2023 CEQA

CEQA In-Fill Exemption Inapplicable Where Project Conflicted with General Plan Affordable Housing Policies

The appellate court invalidated the City's reliance on CEQA's Class 32 in-fill exemption to approve construction of a hotel because the project included demolition of affordable housing and thereby conflicted with General Plan policies favoring preservation of such housing. United Neighborhoods for Los Angeles v. City of Los Angeles, 93 Cal.App.5th 1074 (2023).

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View of office building at night
June 26, 2023 CEQA

San Diego’s Removal of Building Height Limit Improperly Relied Upon Earlier Program EIR for Community Plan

In Save Our Access v. City of San Diego, 92 Cal. App.

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People on the street at dusk
June 16, 2023 CEQA

EIR Addendum Was Sufficient for Project Within Scope of Earlier Program EIR

The Court of Appeal upheld the City of Newport Beach's reliance on an EIR addendum to approve a residential project whose impacts had been evaluated in a 2006 Program EIR for a general plan update. Olen Properties Corp. v. City of Newport Beach, 93 Cal. App. 5th 270 (2023).

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Cannabis-Consumable
June 14, 2023 CEQA

Overlay Cannabis District Was Consistent with General Plan and EIR and Exempt from CEQA

 

The Court of Appeal held that the addition of cannabis retailers to existing commercial neighborhoods through an overlay zoning district was exempt from CEQA as consistent with the existing General Plan and related EIR. Lucas v. City of Pomona, 92 Cal.App.5th 508 (2023).

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View of office building at night
June 13, 2023 CEQA

Court Upholds Project Description in EIR for UC Berkeley’s Fire Hazard Vegetation Reduction Plan

The court of appeal upheld the project description in the EIR for the University of California, Berkeley's fire hazard vegetation reduction plan, holding that it contained sufficient information to understand the plan's environmental impacts, including objective criteria for vegetation removal, even though it did not include a detailed tree inventory or disclose the exact number of trees that w

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Construction Equipment
June 9, 2023 CEQA Environmental and Land Use Litigation

Preliminary Injunctions in CEQA Cases Require an Evaluation of Harm to the Public Interest in Informed Decision-Making

Concluding that it was a "near certainty" that the Stratford Public Utility District (SPUD) failed to comply with CEQA when it granted an easement for a water pipeline, the appellate court vacated an order denying a preliminary injunction that would have halted construction and operation of the pipeline, and ordered the trial court to reconsider. Tulare Lake Canal Co. v.

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View of office building at night
May 23, 2023 CEQA

New EIR and Senate Bill Mooted CEQA Challenge to Berkeley Enrollment Decisions

The Court of Appeal held that CEQA challenges to proposed student enrollment increases and development projects were moot due to an updated EIR that addressed the flaws in an earlier EIR, and in light of Senate Bill 118, which clarified that "enrollment or changes in enrollment, by themselves, do not constitute a project" for purposes of CEQA. Save Berkeley's Neighborhoods v.

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Pillars of a courthouse
May 12, 2023 CEQA

Junipero Serra Statue Not Historically Significant

The Court of Appeal rejected a challenge to the City of Buenaventura's removal of a statue, finding there was substantial evidence for the City's conclusion that the statue was not historically significant. Coalition for Historical Integrity v. City of San Buenaventura, 92 Cal.App.5th 430 (2023).

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People on the street at dusk
April 5, 2023 CEQA

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

Plaintiff did not exhaust administrative remedies when challenging the City's approval of a homeowner's development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental Preservation v. City of Arcadia, 88 Cal. App. 5th 418 (2023).

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view above looking down at forrest
April 5, 2023 CEQA

Project with Potentially Significant Greenhouse Gas Emissions Improperly Approved Based on an EIR Addendum

 

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abstract wavy metal
March 31, 2023 CEQA

Bond Properly Required for Challenge to Affordable Housing

A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court's order requiring it to post a bond. The Court of Appeal rejected plaintiff's contentions on the merits and held that the plaintiff was properly required to post a bond because it was delaying an affordable housing project. Save Livermore Downtown v.

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Pillars of a courthouse
March 31, 2023 CEQA

Court of Appeal Upholds Most of EIR for New A’s Stadium

The First District Court of Appeal largely upheld the City of Oakland's EIR and CEQA findings for the Oakland A's proposed new baseball stadium and surrounding mixed-use development, with the exception of one mitigation measure that was improperly deferred. East Oakland Stadium Alliance v. City of Oakland, 89 Cal.App.5th 1226 (2023).

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