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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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April 16, 2017

Court of Appeal, in split decision, upholds CARB cap-and-trade program

In a 2-1 decision, the Court of Appeal upheld the California Air Resources Board's cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air Resources Board, No.

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April 5, 2017

Delisting petition may challenge original listing of endangered species based upon new evidence

The California Supreme Court has ruled that, under the California Endangered Species Act, a plaintiff may use a delisting petition to challenge the original decision by the California Fish and Game Commission to list an endangered species—even in the absence of changes occurring after the original listing of the species.

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April 5, 2017

Dispute over applicability of HOA tree-trimming requirements was an “issue of public interest” sufficient to trigger protections of anti-SLAPP statute

A homeowner who invoked his HOA's dispute resolution process regarding tree-trimming requirements and was sued by another homeowner based on that application could successfully bring an anti-SLAPP motion on the ground that the suit interfered with exercise of First Amendment rights.

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April 5, 2017

New Ethics and Campaign Contribution Rules Enacted in San Francisco

San Francisco voters enacted a measure, Proposition T, that makes significant changes to the city's rules governing gifts and campaign contributions to city officers, elected officials and candidates.

As the City of San Francisco broadly defines the term "lobbyist" to include individuals and companies that spend to encourage the public to communicate with city officials, Proposition T w

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March 31, 2017

California Supreme Court Holds City EIR Must Identify and Analyze Potential Environmentally Sensitive Habitat Areas Under the Coastal Act

A local agency's environmental impact report must identify any areas on a project site that might qualify as "Environmentally Sensitive Habitat Areas" under the California Coastal Act, and must account for those areas in the EIR's analysis of project alternatives and mitigation measures.

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March 23, 2017

Ellis Act preempts San Francisco ordinances requiring landlords to pay enhanced relocation payments

The Court of Appeal ruled that the Ellis Act preempted measures mandating relocation assistance payments of "the difference between the tenant's current rent and the prevailing rent for a comparable apartment in San Francisco over a two-year period" because such mitigation constituted a prohibitive price for landlords to exit the rental business.

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March 9, 2017

Public Employees’ Personal E-mail and Text Messages May be Subject to Disclosure under the Public Records Act

The California Supreme Court has held that information relevant to public business contained in emails or text messages stored on private electronic devices of government officials is subject to disclosure under the Public Records Act.

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March 8, 2017

U.S. Fish & Wildlife Service Adopts 30-Year Eagle Take Rule

As we previously reported, in August 2015, a federal court nullified the U.S.

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March 5, 2017

Initiative petition must include full text of every provision enacted into law

The Court of Appeal has held that because the proponents of an initiative failed to include the full text of the proposed initiative in the petition, the petition violated Elections Code section 9101 and was therefore invalid. Wilson v.

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January 6, 2017

Local election over Walmart project invalidated for violation of the Brown Act

The court of appeal has overturned a local initiative because the City Council failed to agendize its consideration of Walmart's offer to fund election costs.

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January 5, 2017 CEQA

CEQA YEAR IN REVIEW 2016

A Summary Of Published Appellate Opinions Under The California Environmental Quality Act

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December 20, 2016

California Supreme Court Rejects City’s Attempt To “Evade” General Plan Amendment Referendum

The California Supreme Court has unanimously denied an effort by the City of Orange to defend its approvals for a residential development project despite an intervening public vote that rejected a general plan amendment the city had passed to advance the project.

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December 7, 2016

City Does Not Have Burden of Showing Reasonableness of Housing Fees

Just over a year after the California Supreme Court strongly endorsed inclusionary housing ordinances, the Second District Court of Appeal upheld a city's collection of in-lieu housing fees against a developer's claim that the city failed to carry its burden of proving the fees were reasonably related to development impacts.

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December 3, 2016

City Council Can Sponsor Ballot Measure To Repeal Prior Initiative That Restricts Council Action

Elections Code section 9222 allows a city council to propose a ballot measure that repeals or amends a prior initiative. In Brookside Investment, Ltd. v. City of El Monte (2d. Dist. No. B267081, Nov. 15, 2016) the court held that section 9222 does not unconstitutionally interfere with the voters' reserved power of initiative, even when the prior initiative restricts council action.

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December 1, 2016

Zoning Ordinance Is Not Necessarily a Project Subject to CEQA

The enactment of a zoning ordinance regulating medical marijuana facilities is not necessarily a project under CEQA, according to the court of appeal's decision in Union of Medical Marijuana Patients, Inc. v.