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.
U.S. Supreme Court Tells Cities to Explain a Cell Tower Denial in Timely Fashion, Even if in a Separate Document
California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015
Federal Court Invalidates San Francisco Tenant Relocation Requirements
The Northern District of California has struck down part of San Francisco's rent control ordinance as an unconstitutional taking under the Fifth Amendment in Levin v.
Conservation Easements Not Required As Mitigation For Permanent Loss Of Farmland
Court Blocks Opponents’ Shot at Halting New Kings Arena
The court of appeal recently upheld legislation modifying several deadlines for CEQA review of a project that includes a proposed new arena for the Sacramento Kings, rejecting a claim the statute violates separation of powers. Saltonstall v. City of Sacramento, No. C077031 (3d Dist., Nov. 20, 2014).
EIR For SANDAG’s Regional Transportation Plan Rejected By Court Of Appeal
Coastal Commission Erred In Finding Property Owner Is Stuck With Unconstitutional Dedication Condition
In an opinion on rehearing, the Second District Court of Appeal overturned a California Coastal Commission decision that a condition of a county-issued coastal development permit could not be eliminated by a second coastal development permit the county issued for the same project. Bowman v California Coastal Commission, No.
Court Reaffirms City’s Discretion to Identify Local Historic Resources
In Citizens for Restoration of L Street v. City of Fresno, an appellate court affirmed that the substantial evidence test, not the fair argument test, governs an agency's determination whether buildings or districts should be treated as historical resources under CEQA.
Background
AB 52 Amends CEQA by Creating a New Category of Cultural Resources and New Requirements for Consultation with Native American Tribes
On September 25, Governor Brown signed Assembly Bill No.
Compliance With FAA Regulations Provides Adequate CEQA Mitigation For Aviation Safety Impacts
CEQA Compliance Not Required For Council-Adopted Land Use Initiative Measure
Developers, project opponents, agencies and courts often lose the forest for the trees when considering CEQA issues. A prime example is the conflicting appellate authority and public debate on the question whether a city council's adoption of a voter-sponsored initiative measure is subject to CEQA.
CEQA Lawsuit Fails to Slow High-Speed Rail
Several parties, including the San Francisco Peninsula communities of Atherton, Menlo Park, and Palo Alto, challenged the California High-Speed Rail Authority's decision on where to route trains travelling between the Central Valley and the Bay Area. The court of appeal recently upheld the Authority's program EIR for the routing, but rejected the Authority's argument that federal law pree
New Proposed CEQA Guidelines on Traffic Impacts Issued: It’s How Far You Go, Not How Slow
By Stephen Kostka and Barbara Schussman
Airport Challenge Does Not Fly: Court Upholds Use of Addendum for Changes to San Jose Airport Master Plan