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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.

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January 10, 2019

Court of Appeal Holds that Petition Challenging Wal-Mart Project is Barred by Earlier Lawsuit Raising the Same Issues

The court of appeal held that the plaintiff's challenge to the City of Rohnert Park's reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues. Atwell v. City of Rohnert Park (Wal-Mart Stores, Inc.), 27 Cal. App.

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January 10, 2019

Court Upholds the City of Los Angeles’s General Plan Amendment for Mixed Use Development Project

The Second District Court of Appeal upheld the City of Los Angeles's General Plan amendment, which changed the land use designation of a proposed project site for a mixed-use development against challenges the decision was prohibited by the City Charter. Westsiders Opposed v. City of Los Angeles, 27 Cal. App.

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January 10, 2019

Ninth Circuit Holds that Rent Control Board’s Denial of a Mobile Home Owner’s Request for Rent Increase Is Not an Unconstitutional Taking

The Ninth Circuit held that the City of Carson's mobile home rent control board's decision not to factor in debt service increases in its adjustment of a rental rate for a mobile home park did not result in a regulatory taking of the mobile home park owner's property. Colony Cove Props., LLC v. City of Carson, 888 F.3d 445 (9th Cir.

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January 9, 2019

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact Network v. County of San Luis Obispo and Protecting Our Water & Environmental Resources v.

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January 8, 2019

Further Environmental Review Required for Fracking Off California Coast

A federal court has prohibited the U.S. Department of the Interior from approving any plans or permits for hydraulic fracturing off the California coast until it complies with the Coastal Zone Management Act and the Endangered Species Act. Environmental Defense Center v. Bureau of Ocean Energy Management, No. 16-cv-8418, 2018 WL 5919096 (C.D. Cal. Nov.

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January 7, 2019

Agency May Take Over Preparation of the Record in a CEQA Case if the Petitioners Unreasonable Delays Preparing It

Where a petitioner in a CEQA case has elected to prepare the administrative record but unreasonably delays such preparation, the defendant agency may prepare the record itself and be awarded costs for doing so. LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist., 25 Cal. App.

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January 7, 2019

New Guidelines for Assessing Transportation Impacts Under CEQA Finalized

The California Natural Resources Agency has adopted new CEQA Guidelines that will leave behind level of service in favor of vehicle miles traveled. Following years of development and public comment, the Office of Planning and Research (OPR) and the Natural Resources Agency have issued new CEQA Guidelines for analyzing transportation impacts. These new regulations represent

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January 3, 2019

Aesthetic and Traffic Issues in Historic Overlay District Necessitate EIR

A court of appeal has overturned a city's mitigated negative declaration for a small mixed-use development in a historic overlay district, holding that aesthetic and traffic issues require the preparation of an environmental impact report. Protect Niles v. City of Fremont, 25 Cal. App.

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January 3, 2019

New State Density Bonus for Student Housing Takes Effect

As of January 1, State law offers a new density bonus to qualifying student housing developments.

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January 3, 2019

School District’s Fee Study Did Not Contain the Information Necessary to Lawfully Impose Development Fees

The Sixth District Court of Appeal invalidated a school district's Level 1 development fee because the underlying fee study did not properly calculate anticipated growth and included the cost of hypothetical new schools that the district had no plans to build.

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January 2, 2019

California Supreme Court Sets Standard for Air Quality Impact Analyses Under CEQA

The California Supreme Court has overturned the environmental impact report for a mixed-use development project, holding that the EIR inadequately explained the human health consequences of significant air pollutant emissions that would result from the development.

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January 2, 2019

Determinations Regarding Compatibility of Residential Uses with Timberland Production are Ministerial and Hence Exempt from CEQA Review

The Third District Court of Appeal rejected a CEQA challenge to a county's general plan update, holding that a county's California Timberland Productivity Act finding that a residence or structure is necessary for timberland production zone management is not a discretionary act for CEQA purposes. High Sierra Rural Alliance v. County of Plumas, 29 Cal. App.

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December 26, 2018

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning inconsistent with the general plan. City of Morgan Hill v.

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December 25, 2018

Administrative Mandate is the Exclusive Method for Challenging an LCP under the Coastal Act

An appellate court has held that the sole means of challenging a certified local coastal program (LCP) based on violation of the California Coastal Act is a petition for writ of administrative mandate under Code of Civil Procedure section 1094.5. Beach and Bluff Conservancy v. City of Solana Beach, 28 Cal. App.

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December 4, 2018

California Affirms Protections for Migratory Birds Despite Contrary Federal Stance

California's Attorney General and Department of Fish and Wildlife have jointly issued an advisory affirming that California law continues to provide robust protections for migratory birds, including prohibiting incidental takes, notwithstanding the recent reinterpretation of the Migratory Bird Treaty Act by the U.S. Department of the Interior.