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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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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.

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January 7, 2020

Court Upholds San Diego Convention Center Expansion

A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission's approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission, 40 Cal. App. 5th 563 (2019).

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January 6, 2020

San Francisco County Transportation Authority is Not Subject to the City’s Sunshine Ordinance

The First District Court of Appeal held that the San Francisco County Transportation Authority is a state agency and thus did not need to comply with local public access rules.

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December 31, 2019

Conditions for Coastal Development Approvals Must Be Reasonably Tailored to Accomplish Their Intended Purpose

The Fourth District Court of Appeal held that that while most of the California Coastal Commission's conditions for construction of a home on an oceanfront lot were reasonable, a requirement that the home be removed from the parcel "if any government agency orders it not to be occupied due to a natural hazard" was "overbroad, unreasonable and [did] not achieve the Commission's stated purpose in dr

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December 31, 2019

Documents Merely Referenced in a General Plan Resolution Need Not be Included in a Referendum Petition

If a referendum petition includes the full text of the subject land use measure, documents referenced in such measure need not be attached to the petition unless they are attached to the measure or expressly incorporated into it by reference.

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December 31, 2019

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures

An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v.

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December 22, 2019

Permitting Scheme to Encourage Cooperation Between Owners of Surface Rights and Mineral Rights Did Not Violate Due Process or Equal Protection

A zoning ordinance providing for expedited oil and gas permitting where owners of the mineral estate cooperate with surface owners did not grant surface owners so much control as to offend the mineral owners' due process. Nor did disparate treatment of mineral owner permittees violate equal protection where County had legitimate objective of encouraging cooperation among split-estate owners.

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December 19, 2019

School Mitigation Fees May Validly be Imposed on Adult-Only Seasonal Farmworker Housing

When imposing a school impact fee on residential development, a district need not separately analyze particular subtypes of projects; the authorizing statutes simply require a reasonable relationship between the need for the school facilities and the type of development project -- in this case, residential. Tanimura & Antle Fresh Foods v. Salinas Union High School Dist., 34 Cal. App.

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December 16, 2019

Unsubstantiated or Speculative Expert Opinion Is Not Substantial Evidence of a Significant Environmental Impact

Editors' Note: On January 2, 2019, the California Supreme Court granted a request for depublication of this decision.

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December 9, 2019

No Subdivision of Williamson Act Land Unless Residential Development is Closely Associated With Agricultural Use

The County of San Diego violated the Subdivision Map Act by approving residential development of land restricted to agricultural use under the Williamson Act when the development was neither closely related to nor necessary for agricultural use. Cleveland Nat. Forest Foundation v. County of San Diego, 37 Cal. App.

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December 6, 2019

Increase in San Francisco Office and Laboratory Use Development Fees to Pay for Affordable Housing

The San Francisco Jobs Housing Linkage Fee (JHLF) is set to more than double under the "Housing for SF Workers" ordinance recently passed by the San Francisco Board of Supervisors (Ordinance).

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December 6, 2019

Plaintiffs Failed to Exhaust Administrative Remedies When Their Consultant Did Not Expressly Raise Takings Claim

Continuing a trend toward stricter application of the administrative exhaustion doctrine, an appellate court held that plaintiffs could not bring a takings claims against the Coastal Commission because they did not "present the exact issue" during the administrative proceedings. Greene v.

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November 27, 2019

Action for Refund of Developer Fees Was Subject to One-Year Statute of Limitations

The Third District Court of Appeal held that a suit for refund of developer fees based on failure to make findings required under the Mitigation Fee Act was an action for a "penalty or forfeiture" subject to the one-year limitations period under Code of Civil Procedure section 340(a). County of El Dorado v. Superior Court (Austin), No. C088409 (3rd Dist. Oct.

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October 30, 2019

Unlicensed Treatment Facility Operating in Violation of Local Zoning Code Not Eligible for Safe Harbor Provisions of Health and Safety Code

Operators of an unlicensed alcohol and drug treatment facility in violation of a city's zoning ordinance could not avail themselves of the California Health and Safety Code's safe harbor provisions. City of Dana Point v. New Method Wellness, 39 Cal. App.

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October 22, 2019

New California Law Restricts Municipalities’ Ability to Limit Housing

California Governor Gavin Newsom has signed into law a major set of restrictions on the actions California cities and counties may take to impede housing development.