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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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March 25, 2020

Environmental Compliance and COVID-19

The coronavirus (COVID-19) is placing businesses in situations where facilities have to be shut down, staff are sent home, laboratories that test monthly samples are temporarily closed, and contractors who normally conduct sampling or testing are not available. These circumstances create challenges for environmental regulatory/permit compliance.

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March 19, 2020

Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant Public Benefits

Attorney's fees could not be recovered in a CEQA action in which the plaintiff obtained an initial stay of the project but the applicant later had the project approvals rescinded, citing inability to afford to litigate the case.

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March 19, 2020

Real Estate Guidance During Coronavirus Pandemic

As the coronavirus (COVID-19) continues to spread, rapidly evolving economic and social changes are presenting a host of legal issues for the real estate industry. Attorneys at Perkins Coie, LLP, have published guidance on some of the more pressing issues affecting developers, landlords, tenants, and lenders.

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March 18, 2020

“Whole of the Council” Meant All City Councilmembers, Not Just Those Present and Voting

A court of appeal upheld the City of Madera's interpretation of a municipal code provision requiring "a five-sevenths vote of the whole of the [City] Council" as mandating the approval of five councilmembers, rather than a five-sevenths vote of the councilmembers voting on the matter.

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March 17, 2020

COVID-19 Shelter-In-Place Orders Exempt Activities Necessary for the Construction of Housing

On March 16, 2020, in response to the COVID-19 (coronavirus) global pandemic, seven counties – Alameda, Contra Costa, Marin, San F

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March 10, 2020

San Francisco Voters Approve Vacancy Tax Ordinance

San Francisco voters have approved a Vacancy Tax Ordinance, which imposes a tax assessment on vacant commercial space beginning January 1, 2021.

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March 10, 2020

Zoning Ordinance Prohibiting Religious Assemblies Did Not Violate Religious Land Use and Institutionalized Person’s Act

A Riverside County zoning ordinance that removed religious assemblies as a permissible use in a particular zone did not violate the equal terms provision of the Religious Land Use and Institutionalized Person's Act (RLUIPA) because it prohibited both religious and secular institutions alike from staging events without charging a fee.

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January 31, 2020

New Regulations Narrow Reach of Clean Water Act

The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act.

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January 28, 2020

San Francisco Expands Just Cause Eviction Protections

Effective January 20, 2020, eviction controls under the San Francisco Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) (the "Rent Ordinance") apply to any residential units constructed after June 13, 1979, and any residential units that have undergone substantial rehabilitation.

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January 14, 2020

Administration Announces Major Overhaul of NEPA Regulations

On January 10, the White House Council on Environmental Quality published significant revisions to regulations implementing the National Environmental Policy Act, the first such overhaul since adoption of the regulations in 1978.

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January 14, 2020 CEQA

CEQA YEAR IN REVIEW 2019

A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

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January 12, 2020

Automobile Delay May Not Be Treated As a Significant Environmental Impact

Automobile delay (as measured solely by roadway capacity or traffic congestion) cannot constitute a significant environmental impact, even for projects that were approved before the new CEQA guidelines on transportation impacts were certified in December 2018. Citizens for Positive Growth & Preservation v.

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January 9, 2020

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing provisions of the Act. Anderson v.

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January 9, 2020

City’s General Plan Policies Allowing Exemptions from Zoning Requirements Did Not Violate Fourteenth Amendment or Result in Spot Zoning

The City of Sacramento did not violate constitutional law or implied-in-law zoning contract when it approved a project with characteristics that deviated from the City's zoning ordinance. Sacramentans for Fair Planning v. City of Sacramento, 37 Cal. App. 5th 698 (2019) A developer sought approval to build a high-rise tower in Midtown Sacramento.

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January 9, 2020

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City Council adopted an initiative, approved by 10 % of the City's voters, without alteration in accordance with Elections Code section 9215.