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.
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
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.
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.
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).
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).
Project with Potentially Significant Greenhouse Gas Emissions Improperly Approved Based on an EIR Addendum
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.
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).
First District Invalidates EIR for UC Berkeley’s Student Housing Project at People’s Park for Failure to Analyze Alternative Locations and Noise Impacts
The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People's Park. Make UC a Good Neighbor v. Regents of University of Cal. (2023 WL 2205638, Feb. 24, 2023).
Eldercare Facility Properly Approved Under Class 32 Infill Exemption from CEQA
The Court of Appeal upheld the approval of an eldercare facility, rejecting claims that the project was inconsistent with the zoning code based on architectural incompatibility and interference with views and ineligible for the Class 32 categorical exemption. Pacific Palisades Residents Association, Inc. v. City of Los Angeles, 88 Cal. App. 5th 1338 (2023).
City Lacked Authority to Close Public Street for Installation of Marilyn Monroe Statue
The City of Palm Springs' three-year closure of a public street for installation of a statue was unlawful because the Vehicle Code permits only temporary closure of streets for parades or other short-term events, not multi-year closure for installation of semi-permanent structures. Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (2023).
No CEQA Review Required When Investor-Owned Public Utility Condemned Easement for Existing Transmission Lines
Southern California Edison Company (SCE), a privately-owned public utility, sought to condemn an easement across existing roads on private property in order to service its existing overhead transmission lines. It obtained an order of prejudgment possession, which the landowner challenged. The court held that SCE had the power to condemn, that it was not required to adopt a resolutio
CEQA Year in Review
The firm's annual publication, CEQA Year in Review, a summary of 2022 published decisions involving the California Environmental Quality Act, is now available.
CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected
A court of appeal has denied CEQA challenges to the EIR for an apartment project, holding that analysis of biological impacts need not be based on surveys conducted in the same year the city issued its notice of preparation of the EIR. Save North Petaluma River and Wetlands v. City of Petaluma, 86 Cal.App.5th 207 (2022).