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.
Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations
Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit
The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).
Union Intervention in Case Properly Denied Where Inclusion Would Unduly Complicate Litigation
Courts may deny permissive intervention if there are already multiple parties in the case and the intervenor's interests will be adequately represented by other parties. South Coast Air Quality Management District v.
Public Notice Need Not State That Permit Will Be Deemed Approved in Order for Permit Streamlining Act to Apply
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).
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.