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.
Evidence About Existing Wildfire Hazards Near a Project Does Not Require an EIR
Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established Prescriptive Easement
City’s Ban on Short-Term Vacation Rentals in Coastal Zone Violated Coastal Act
A city's ban on short-term vacation rentals in the coastal zone constitutes "development" under the California Coastal Act. Therefore, the Coastal Commission must first approve a coastal development permit, an amendment to the city's certified local coastal program, or an amendment waiver before such a ban can be imposed. Kracke v. City of Santa Barbara, 63 Cal. App. 5th 1089 (2021).
Water District Rate Increases Violated Proposition 218
California Governor Extends Flexibility to Hold Virtual Public Meetings
Judicial Streamlining Renewed for Expanded Set of “Environmental Leadership” Projects
Deliberate Delay in Prosecuting Brown Act Claims Warranted Dismissal Under Laches Doctrine
Agency’s Preparation of Supplemental EIR Rather Than Subsequent EIR for Modifications to Proposed Desalination Plant Was Appropriate
Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard
An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of Nollan and Dolan and was therefore unconstitutional.
SB 35 Streamlining Upheld Against “Home Rule” Challenge
Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim
Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No.
Appellate Courts to Malibu Homeowners: “Defy the Coastal Commission at Your Peril”
Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt construction after notification of the violation by Commission staff.
City Policy Favoring Purchasers of Expensive Taxi Medallions Passed Constitutional Muster
Court In CEQA Case Applies the Deferential Standard in the Planning and Zoning Law When Determining Whether the Project Is Inconsistent with the Applicable General Plan