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.
Pre-Approval Disclosures Between Agency and Applicant Waive Privileges In CEQA Cases.
The Fifth Appellate District has issued another in a series of decisions regarding administrative records in CEQA cases. The court held that the "common interest doctrine" does not protect otherwise privileged communications shared by a developer and an agency prior to approval of a project because the two cannot be considered to be advancing any shared interest at the preapproval stage.&
County Can’t Use Growth Control Initiative to Bar Previously-Approved Project
Coastal Commission May Not Review City Nuisance Abatement Ordinance Passed In Good Faith
Ninth Circuit Clarifies ESA’s “Cumulative Effects” Requirement
- A "cumulative effect" under the ESA is different from a "cumulative impact" under NEPA
- No "cumulative effects" analysis is required in informal ESA section 7 consultations.
County Could Not Make Density Bonus Conditional Upon Compliance With Local Affordable Housing Requirements
A local agency may not condition the availability of a density bonus upon provision of more affordable housing than the minimum required under the State Density Bonus Law. Latinos Unidos Del Valle De Napa Y Solano v.
Tentative Map Life Extended Again for Two Years
Large Solar Energy Project Survives Williamson Act And CEQA Challenge
The Sixth District Court of Appeal has given a boost to utility-scale solar projects by rejecting the types of Williamson Act and CEQA challenges that are often brought against those projects. Save Panoche Valley v.
Judicial Review of Environmental Impact Reports: Is There Really A Need for CEQA Reform?
Every few years, with El Nino-like regularity, a wave of interest in CEQA reform sweeps through the business community, accompanied by pleas to the legislature to overhaul the statute. In the end, few substantive changes are made. This year is no exception. (See June 14th post).
U.S. Supreme Court Holds That Monetary Exactions are Subject to Nexus and Rough Proportionality Requirements
CEQA and Land Use Bills -- An Update
- Aesthetic Impacts in Transit Priority Areas Not Significant.
Under the Brown Act, a Planning Commission’s Adoption of a CEQA Document is a Distinct Item of Business that Must be Expressly Disclosed on the Agenda
The Ralph M.
Legislature Winnows CEQA Bills
Out of 26 CEQA bills introduced early this year, eight have met the Legislature's May 31 deadline to move from the state Senate to the Assembly or vice versa, and therefore are still considered viable. (For more details, and an update on these bills, see our June 14 post). For the most part, these bills w
California Cities and Counties Can “Just Say No” to Medical Marijuana Dispensaries
D.C. Circuit Upholds Broad EPA Veto Power Over Wetlands Permits