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 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.
Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum
Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots
Housing Accountability Act Provision That Prohibits an Agency From Requiring a Rezoning When Zoning Is Inconsistent with the General Plan Inapplicable Where City Found Zoning Consistent
Court Held That Obligation to Further Fair Housing Requires More Than the Absence of Discrimination and That Base Zoning Allowing Lower Densities Violated Housing Element Law Even Though Overlay Zoning Required Minimum Densities
A court addressed the City of Clovis' repeated failures to accommodate lower-income housing needs.
Another Court Rules That Special Taxes Proposed By A Citizen-Sponsored Initiative May Be Enacted With A Simple Majority Vote
Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. Howard Jarvis Taxpayers Association v.
Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.
Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist., Dec. 17, 2020).
Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote
A court of appeal ruled that provisions of the California Constitution requiring a supermajority vote for special taxes imposed by local government do not apply to a special tax enacted by local initiative. City and County of San Francisco v. All Persons Interested in the Matter of Proposition C, 51 Cal. App.