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.
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June 29, 2018

Court Rejects Interpretation of Medical Marijuana Collective as a “Medical Office” under City’s Zoning Code

 The Sixth District Court of Appeal has held that a medical marijuana collective is not a "medical office" as defined in San Jose's Municipal Code. View blog post
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June 29, 2018

Significant Changes Proposed to NEPA Regulations

The Council on Environmental Quality (CEQ) has issued a notice of proposed rulemaking regarding potential changes to the CEQ regulations under the National Environmental Policy Act.

 View blog post
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May 23, 2018

Another San Francisco Ordinance Falls To The Ellis Act

 Once again, the City and County of San Francisco has been found to have exceeded the limits of its authority under the Ellis Act in its efforts to deter conversion of residential rental units. Small Property Owners of San Francisco Institute v. City and County of San Francisco, 22 Cal. App. View blog post
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May 4, 2018

School Fees for Apartment Buildings Not Limited to Square Footage of Individual Units

 School impact fees for an apartment complex must be calculated based on the square footage of both the individual units and other space within the interior of the buildings, such as hallways and elevator shafts. View blog post
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April 17, 2018

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

 The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free speech under California's anti-SLAPP statute. Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association, 19 Cal. App. View blog post
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April 5, 2018

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

 A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov't Code Section 65860, according to the court's decision in Save Lafayette v. City of Lafayette, 20 Cal. App. View blog post
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April 4, 2018

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

 A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is "fairly traceable" to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai'i Wildlife Fund v. County of Maui, 881 F.3d 754 (9th Cir. View blog post
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April 4, 2018

Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes

 The Clean Water Act requires a permit to discharge pollutants through pipes, ditches, and channels from an oyster hatchery, even though the facility would not be subject to the Act's permitting requirements as a "concentrated aquatic animal production facility," the U.S. View blog post
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April 4, 2018

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

 As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. View blog post
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April 2, 2018

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

 The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San Diego's bifurcated appeals process. Clews Land & Livestock, LLC v. City of San Diego, 19 Cal. App. View blog post
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March 30, 2018

Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA

 A court of appeal has held that the California Air Resources Board violated CEQA when it issued a "regulatory advisory" notifying small trucking operations that they need not meet ARB's regulatory deadline for retrofitting their truck engines, and that the regulation would soon be relaxed. John R. Lawson Rock & Oil, Inc. v. State Air Resources Board, 5th Dist. Case No. F074003 (Jan. View blog post
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March 28, 2018

Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values

 Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys' fees under the public interest fee statute. Heron Bay Homeowners Association v. City of San Leandro, 19 Cal. App. View blog post
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March 28, 2018

Court Upholds Use of Small Facilities Exemption for Microcell DAS Project

 In Aptos Residents Association v. County of Santa Cruz, the court of appeal upheld Santa Cruz County's use of a CEQA exemption to approve a distributed antenna system (often referred to as a DAS) for the provision of cell service. (6th Dist., No. H042854, Feb. View blog post
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March 27, 2018

EIR For Railyard Did Not Adequately Analyze Air Quality Impacts

 Rejecting most challenges to the environmental impact report for a new railyard near the Port of Los Angeles, a court of appeal nevertheless held that the EIR must be decertified because it did not adequately address air quality impacts in the vicinity of the new yard. City of Long Beach v. City of Los Angeles, 19 Cal. App. 5th 465 (1st Dist. View blog post
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March 27, 2018

Size Limit on Retail Tenants Not Likely to Cause Urban Decay

 A general plan policy that limited the size of retail tenants in certain areas of a city was not likely to cause urban decay and was not inconsistent with other general plan policies encouraging infill development, the court of appeal held in Visalia Retail, LP v. City of Visalia, 20 Cal. App. View blog post
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