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California Land Use & Development Law Report

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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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March 7, 2014

Requiring dedication of overflight easement as condition to issuance of building permits does not constitute an unconstitutional exaction

 A recent California Court of Appeal decision considered the argument that a county requiring property owners to dedicate an overflight easement as a condition to issuance of a building permit was an unconstitutional exaction.

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March 3, 2014

Challenge To Annexation Dismissed Due To Failure To Comply With Required Procedures

CEQA and other claims challenging a completed annexation were dismissed because they had not been brought in a reverse validation proceeding.  Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (No. F066544, 1/28/14)

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January 22, 2014

Spot Zoning For Senior Housing Project Upheld

"Spot-zoning" refers to the discriminatory zoning of a small parcel that is surrounded by land within a different zone. Some had thought the doctrine only applies where a small parcel is zoned more restrictively than the property surrounding it. But in the recently decided case of Foothill Communities Coalition v. View blog post
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January 15, 2014 CEQA

CEQA Year In Review 2013

A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom

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December 12, 2013

Existing Contamination On A Development Site Does Not Necessarily Trigger Preparation Of An EIR

Proposals to redevelop infill sites can often present difficult issues relating to how the potential effects of preexisting contamination should be evaluated under CEQA.  In a recently published opinion, the court in Parker Shattuck Neighbors v Berkeley made it clear that, in the absence of real evidence a significant environmental impact might occur,  the fact that a develop

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December 4, 2013

County’s Application for State Funding Does Not Trigger CEQA

In December 2011, the Orange County Board of Supervisors passed a resolution authorizing the County to submit an application for $100 million in state funding to expand the  James A. Musick Jail Facility to add over 500 beds.  The City of Irvine, which sits adjacent to the jail, filed a lawsuit alleging that the County failed to comply with CEQA before submitting the application.

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December 4, 2013

Criminal Penalties for Bird Deaths Caused by Wind Projects

In the first criminal case ever prosecuted under the Migratory Bird Treaty Act, the U.S. View blog post
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November 23, 2013

High Hurdle for EIR Recirculation Claims Set by Appellate Court

In a recently published decision,  a California court of appeal rejected a challenge to an EIR alleging the agency was required to recirculate the EIR when a new alternative was proposed after the draft EIR had already been circulated. South County Citizens for Smart Growth v. View blog post
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November 20, 2013

Courts Have Discretion to Allow Agency Regulations Adopted in Violation of CEQA to Remain in Place Based on Their Environmental Benefits While Agency Takes Corrective Action

Agencies promulgating regulations under a certified regulatory program may not bypass CEQA's environmental review procedures by approving the regulations prior to completion of the environmental review.    View blog post
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November 18, 2013

Comment Periods Open on New Fracking Regulations and Scope of Statewide EIR

In the face of mounting public pressure to address the potential perils of hydraulic fracturing, California has embarked upon a multi-faceted program to strengthen its oil and gas regulations, perform comprehensive environmental studies, and increase public disclosure.  On November 15, 2013, the Department of Conservation published two notices seeking comments on steps it is taking to im View blog post
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November 7, 2013

Court Rejects Claim That New General Plan Housing Element Requires New EIR

Affordable housing advocates have lost a claim that Napa's new General Plan Housing Element required a new environmental impact report.  Latinos Unidos de Napa v. City of Napa, No. A134959 (1st Dist., Oct. View blog post
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November 1, 2013

Does An EIR Have To Be Certified By A City’s Decision-Making Body?

Yes, according to a recent decision by a California court of appeal.  The court held that CEQA does not allow a city council to delegate certification of an Environmental Impact Report to a planning commission, where the council is the decision-maker on the project.  The court further ruled that, where such a delegation occurs, the project opponent is not required to appeal the planning View blog post
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November 1, 2013

Ninth Circuit Rules that Plaintiffs Lack Standing to Compel State Agencies to Regulate Greenhouse Gas Emissions

Do environmental groups have standing to sue to force state agencies to regulate greenhouse gas emissions under the Clean Air Act?  In a case decided on October 17, the Ninth Circuit said no.  Washington Environmental Councilv.

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October 22, 2013

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed with construction, while at the same time disputing the legality of the requirement.  In View blog post
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September 26, 2013

Ninth Circuit Clarifies Standards For Housing Discrimination Claims

Can a city protect itself from discriminatory zoning claims by adopting a facially neutral ordinance that treats similarly situated land uses the same? Apparently not, said the Ninth Circuit in Pacific Shores Properties v. City of Newport Beach (Case No. View blog post
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