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California Land Use & Development Law Report

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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.

San Diego
October 29, 2025 CEQA

San Diego’s Approval of Ballot Initiative Raising Height Limit in Coastal Neighborhood Violated CEQA (Again)

Twice in the past five years, San Diego voters have approved ballot initiatives seeking to raise the 30-foot height limit for buildings in the city’s Midway-Pacific Highway Community Planning Area (often referred to as the Midway district).

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Housing
October 13, 2025 Initiatives and Referenda

Court of Appeal Clarifies When Development Agreements Are Subject to Referendum in California

The First District Court of Appeal’s recent decision in Move Eden Housing v. City of Livermore, ___ Cal. App. 5th ___, 2025 WL 2837353 (Oct.

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September 18, 2025 CEQA

Major CEQA Reforms Limit Review for Housing and Other Projects

In the most significant reforms to CEQA in recent years, two new laws—AB 130  and SB 131—exempt certain infill housing from CEQA, limit environmental review for housing projects that nearly qualify for an exemption, and introduce other significant reforms for rezoning and nonresidential projects. 

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Forest
August 21, 2025 NEPA

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under NEPA. However, it found the Forest Service violated NEPA by failing to adequately analyze cumulative impacts in conjunction with a related project.

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Oaks
August 20, 2025 CEQA

Catch-All Provision in County Application Checklist Violated Permit Streamlining Act

A Court of Appeal held that a provision in the County of Amador’s checklist for an encroachment permit requiring "[o]ther information as may be required" violated the Permit Streamlining Act. Old Golden Oaks LLC v. County of Amador, 111 Cal.App.5th 794 (2025).

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Oakland
May 26, 2025 Subdivision Map Act

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal parcel. Cox v. City of Oakland, 17 Cal.5th 362 (2025).

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City of San Diego
May 23, 2025 CEQA

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland National Forest Foundation v. County of San Diego, No. D083555 (4th Dist., Apr. 28, 2025).

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Ship
February 16, 2025 CEQA

Environmental Assessment Adequately Analyzed Safety Hazards and Cumulative Impacts of CARB Control Measure for Ocean-Going Vessels

In Western States Petroleum Association v. California Air Resources Board, 108 Cal. App. 5th 938 (2025), the Court of Appeal upheld CARB’s Control Measure for Ocean-Going Vessels at Berth, rejecting arguments that the regulation was technologically infeasible, inadequately supported by evidence, or improperly evaluated under CEQA. 

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Los Angeles
December 30, 2024 CEQA

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s redevelopment plan. West Adams Heritage Assn. v. City of Los Angeles, 106 Cal. App. 5th 395 (2024).

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Electric Truck
December 30, 2024 CEQA

CARB's Rejection of Low-NoX Alternative When Adopting Advance Clean Trucks Regulation Did Not Violate CEQA

In California Natural Gas Vehicle Coalition v. State Air Resources Board, 105 Cal. App. 5th 304 (2024), the court upheld the Advanced Clean Trucks Regulation (“Regulation”), holding that the California Air Resources Board did not violate CEQA or the Administrative Procedure Act when it rejected the California Natural Gas Vehicle Coalition’s proposal for a low-NOx vehicle alternative.

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Grape Vines
December 26, 2024 CEQA

Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA

A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County of Los Angeles, 106 Cal.App.5th 1 (2024). 

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Grocery Food store
December 23, 2024 CEQA

Grocery Outlet Qualified For CEQA Class 32 Exemption as Infill Development

The Sixth District Court of Appeal held that the undefined terms “in-fill development” and “substantially surrounded by urban uses” in the CEQA exemption for in-fill development were not limited by the definitions of similar terms in other parts of the CEQA statute and guidelines. Working Families of Monterey County v.

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image of educational building
July 17, 2024 CEQA

California Supreme Court Upholds EIR for UC Berkeley Housing Development

The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social noise and alternative sites. Make UC a Good Neighbor v. The Regents of the University of California, 16 Cal.5th 43 (2024). View blog post
Water Hydro Power
July 15, 2024 CEQA

EIR for State Water Project Contract Amendments Upheld

The Third District Court of Appeal upheld the Department of Water Resources' EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and alternative options. Planning and Conservation League v. Dept. of Water Resources, 98 Cal. App. 5th 726 (2024). View blog post
Healthcare, medical provider holding an ipad
June 25, 2024 CEQA

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use regulations. View blog post
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