California Land Use & Development Law Report

Real Estate & Land Use, worms eye view of large commercial buildings

California Land Use & Development Law Report Topics

View posts by topic below.

image of educational building

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California Supreme Court Upholds EIR for UC Berkeley Housing Development

Water Hydro Power

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EIR for State Water Project Contract Amendments Upheld

Healthcare, medical provider holding an ipad

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

Gavel and Scales

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Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR

Land Development, birds eye view of open land

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Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land

Buildings Stores

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Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim

Land Construction

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Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence

Real Estate and Housing Construction

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The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is Later Re-Adopted

image of the road cutting through the forest

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Class 7 CEQA Exemption Requires Only a Showing of Protection of a Natural Resource, Not the Entire Environment, and a Potential For Environmental Impacts Does Not Prevent Use of a CEQA Exemption

Water Coastal

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City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to Deference

coastal highway on sunny day

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Coastal Commission Has De Novo Authority Over Issuance of Coastal Development Permits

Real Estate and Housing Construction

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CEQA Challenge to Campus Town Project in Monterey County Was Untimely

Housing Buildings

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Ban on Short-Term Rentals Required Coastal Commission Approval

Housing Real Estate

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Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

bridge in coastal area with view of ocean

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Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit

coastal highway on sunny day

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Public Notice Need Not State That Permit Will Be Deemed Approved in Order for Permit Streamlining Act to Apply

bridge in coastal area with view of ocean

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City’s Ban on Short-Term Vacation Rentals in Coastal Zone Violated Coastal Act

documents with pen

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Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Los Angeles

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Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

Construction Truck

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CERCLA Contribution Action Not Barred by Claim Preclusion

Construction Equipment

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Preliminary Injunctions in CEQA Cases Require an Evaluation of Harm to the Public Interest in Informed Decision-Making

view of people meeting through glass wall

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Neighbor’s Appeal of Planning Commission Decision Did Not Support Anti-SLAPP Motion

Colorful bridge in the daylight

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City Lacked Authority to Close Public Street for Installation of Marilyn Monroe Statue

Court Gavel

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Meritless CEQA Suit Warranted Malicious Prosecution Claim Against Attorney

Corporate office

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90-Day Limitations Period in Government Code § 65009 Applied to Political Reform Act Challenge to Land-Use Permits

Housing Buildings

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California Courts Lack Jurisdiction to Hear Challenges to Regional Housing Needs Allocations

Gavel Court Judge

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Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment

Supreme Court Outside

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Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny

Buildings Stores

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Agreement Purporting to Prevent City from Imposing New Impact Fees on Project Infringed Police Powers

view above looking down at forrest

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Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

Housing Real Estate

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Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely

Microphone Meeting

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Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

judicial hearing empty stand with a microphone

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Another Court Rules That Special Taxes Proposed By A Citizen-Sponsored Initiative May Be Enacted With A Simple Majority Vote

Pillars of a courthouse

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Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

people in line to vote

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Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote

Supreme Court Outside

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Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny

bell on front desk at hotel

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Subway Construction Work Did Not Inversely Condemn Hotel Property

Land Construction

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Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan

Blue Hour, United States Supreme Court Building, Washington DC, America

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Pursuit of State Administrative Remedies Not Necessary to Obtain Final Decision for Federal Takings Claim

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Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

documents with pen

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Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

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Condemnee Need Not Entirely Vacate Premises to Recover Damages After Condemnation is Abandoned

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Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

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Judgment Against Prior Owners Fixed Tidelands Boundaries, Barring Plaintiffs’ Quiet Title and Inverse Condemnation Claims.