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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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December 17, 2021

Informal Communications Failed to Meet Requirement to “Petition” City Officials for Appeal

A project challenger failed to exhaust administrative remedies because an email exchange and dinner meeting with city officials expressing general concerns about a recent permit approval did not satisfy the burden to "petition" a city official in order to appeal. Muskan Food & Fuel, Inc. v. City of Fresno, 69 Cal. App.

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December 6, 2021

Certification of Howard Terminal Project for Streamlined CEQA Review Under AB 734 Was Not Subject to AB 900 Deadlines

A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental review under CEQA. Pacific Merchant Shipping Association v. Newsom (Oakland Athletics Investment Group, LLC), 67 Cal. App. 5th 711 (2021).

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December 6, 2021

Court Invalidates EIR for Development of Lake Tahoe Resort

The EIR for development of a new resort at Squaw Valley failed to meaningfully address Lake Tahoe as part of the environmental setting and was deficient in its analysis of water quality, air quality, and noise impacts. In a separate opinion, the court held that the County violated the Brown Act by placing a copy of memorandum in the clerk's office after hours. Sierra Watch v.

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December 6, 2021

Court Upholds Infill Development Categorical Exemption for Gas Station in Existing Shopping Center

In Protect Tustin Ranch v. City of Tustin, 70 Cal. App.

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November 19, 2021

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where Public Notice of Intent to Rely on a CEQA Exemption is Inadequate

A California Court of Appeal held that CEQA's issue exhaustion requirement did not preclude a challenge to Inyo County's exemption determinations for condemnation proceedings and expanded operation of unlined landfills because the County failed to provide adequate notice that CEQA exemptions would be considered at its public meeting.

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November 12, 2021

Agreement to Extend Statute of Limitations for CEQA Claim Was Ineffective Because It Did Not Include an Indispensable Party

The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an indispensable party in the proceedings, and the suit was filed after the applicable 180-day limitations period had expired. Save Lafayette Trees v.

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September 21, 2021

Court Upholds Key Provisions of Housing Accountability Act

In a major decision, the California Court of Appeal rejected a city's interpretation of what constitutes an "objective" standard under the Housing Accountability Act and upheld the constitutionality of the law and amendments that strengthened it.

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September 1, 2021

In Limited Circumstances an EIR’s Alternatives Analysis Can Be Confined to the No Project Alternative

In Save Our Access v Watershed Conservation Authority, 68 Cal. App. 5th 8 (2021), plaintiff Save Our Access challenged the EIR certified by the Watershed Conservation Authority for a project to improve a recreation area within the Angeles National Forest.

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July 23, 2021

Developer Established a Prima Facie Case That Project Opponents Lacked Probable Cause and Acted with Malice in Pursuing CEQA Litigation

A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted with malice. Dunning v. Johnson, 64 Cal. App.

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

July 23, 2021 Takings

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

The U.S. Supreme Court held that property owners do not have to comply with state administrative processes to obtain a final decision before bringing a takings claim under 42 U.S.C. § 1983 when the government's position is clear. Pakdel v.

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July 23, 2021

Sovereign Immunity Barred Quiet Title Suit Against Indian Tribe

The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. Self v. Cher-Ae Heights Indian Community, 60 Cal. App. 5th 209 (2021). The Cher-Ae Heights Indian Community of the Trinidad Rancheria is a federally recognized Indian tribe in Humboldt County, California.

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July 15, 2021 California Coastal Act Planning and Zoning

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

A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a public hearing is sufficient to meet notice requirements for approval due to agency inaction under the Permit Streamlining Act.

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July 12, 2021

Ninth Circuit Invalidates Rule Requiring Notice to States Prior to Filing a Listing Petition Under the Endangered Species Act

The Ninth Circuit Court of Appeals recently invalidated a 2016 rule that required a 30-day notice to affected state fish and wildlife agencies prior to filing a petition to list a species as threatened or endangered under the Endangered Species Act. Friends of Animals v. Haaland, 997 F.3d 1010 (9th Cir.

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July 11, 2021

Grantees’ Use of Easement Property for Parking Exceeded Scope of Rights Reserved in Easement Deed

The court of appeal held that a secondary easement right exists only to the extent necessary to effectuate the principal easement described in the document creating the principal easement. Pear v.

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June 27, 2021

Charter Amendment Regarding Lease Revenue Bonds Did Not Require Voter Approval

The California Court of Appeal held that 2016 amendments to the San Diego City Charter did not require the City to obtain voter approval prior to entering into a lease revenue bond transaction with the Public Facilities Financing Authority of the City of San Diego.