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.
Court Upholds EIR for UCSF Parnassus Expansion Against Wide-Ranging CEQA Claims
Fair Argument Standard Did Not Apply to Claim Regarding Exception to CEQA's Historical Resources Categorical Exemption
Monterey Water Saga Continues: County’s Approval of Desalination Plant Upheld Against CEQA Challenges
Court Approves EIR’s Climate Change Analysis for Community Master Plan
Trial Court Cannot Retain Jurisdiction if Terms of Peremptory Writ of Mandate are Fully Satisfied
School Districts’ Challenge to EIR Based on Inadequate School-Facilities Funding was Speculative
County’s Claimed Failure to Comply with CEQA Was Not a Defense to Enforcement of Encroachment Laws
Property owners who acted illegally by blocking parking on a public street fronting their houses were not entitled to use the County's alleged noncompliance with CEQA as a defense to actions enforcing encroachment laws. Anderson v. County of Santa Barbara, 94 Cal.App.5th 554 (2023).
EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts
An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water Resources, 90 Cal.App.5th 147 (2023).
Compensatory Mitigation Infeasible for Loss of Historic Building
The Court of Appeal upheld the City's determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings in the downtown areas with the same architectural style, period of significance, and purpose. Preservation Action Council of San Jose v.
CEQA In-Fill Exemption Inapplicable Where Project Conflicted with General Plan Affordable Housing Policies
The appellate court invalidated the City's reliance on CEQA's Class 32 in-fill exemption to approve construction of a hotel because the project included demolition of affordable housing and thereby conflicted with General Plan policies favoring preservation of such housing. United Neighborhoods for Los Angeles v. City of Los Angeles, 93 Cal.App.5th 1074 (2023).
San Diego’s Removal of Building Height Limit Improperly Relied Upon Earlier Program EIR for Community Plan
In Save Our Access v. City of San Diego, 92 Cal. App.
CERCLA Contribution Action Not Barred by Claim Preclusion
Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are distinct from previous claims. GP Vincent III v. Estate of Beard, No. 21-16555 (9th. Cir. May 17, 2023).
EIR Addendum Was Sufficient for Project Within Scope of Earlier Program EIR
The Court of Appeal upheld the City of Newport Beach's reliance on an EIR addendum to approve a residential project whose impacts had been evaluated in a 2006 Program EIR for a general plan update. Olen Properties Corp. v. City of Newport Beach, 93 Cal. App. 5th 270 (2023).
Overlay Cannabis District Was Consistent with General Plan and EIR and Exempt from CEQA
The Court of Appeal held that the addition of cannabis retailers to existing commercial neighborhoods through an overlay zoning district was exempt from CEQA as consistent with the existing General Plan and related EIR. Lucas v. City of Pomona, 92 Cal.App.5th 508 (2023).
Court Upholds Project Description in EIR for UC Berkeley’s Fire Hazard Vegetation Reduction Plan
The court of appeal upheld the project description in the EIR for the University of California, Berkeley's fire hazard vegetation reduction plan, holding that it contained sufficient information to understand the plan's environmental impacts, including objective criteria for vegetation removal, even though it did not include a detailed tree inventory or disclose the exact number of trees that w