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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 15, 2017

Court Finds CARB's New Analysis of Biodiesel Low Carbon Fuel Regulations Still Doesn’t Comply With CEQA But Leaves Current Regulations In Place Pending Compliance

In 2013, the fifth district court of appeal ruled that the California Air Resources Board violated CEQA when it adopted its 2009 Low Carbon Fuel Standard regulations, and the court directed issuance of a writ of mandate requiring that CARB take corrective action. The court allowed the LCFS regulations to remain in effect while CARB completed a new CEQA anal

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June 13, 2017

A Project Is Not Discretionary If the Agency Lacks Authority to Require Mitigation

In Sierra Club v.

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June 1, 2017

Fair Argument Test Applies To Agency Determination Whether Subsequent CEQA Review Is Required Once A Negative Declaration Has Been Adopted

This court of appeal decision was issued upon remand for further proceedings after a California Supreme Court decision in which the court considered the standard of review that applies when an agency makes significant changes to a project that was originally approved based on a negative declaration and determines that no further environmental review is required.

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April 28, 2017

Appellate court upholds approval of master-planned community against multiple CEQA challenges

The court of appeal upheld the County of Riverside's decision to approve development of a master-planned community, rejecting claims that the County violated CEQA by (1) filing an inadequate notice of determination; (2) failing to recirculate the final EIR after the project was modified; and (3) failing to consider and adopt feasible air quality mitigation measures.

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April 25, 2017

Findings supporting an agency’s administrative decision may mirror statutory language

Findings in a city council resolution that recite language in the city's municipal code may be sufficient to demonstrate the reasoning supporting the council's decision. Young v.

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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.