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.
San Diego’s Approval of Ballot Initiative Raising Height Limit in Coastal Neighborhood Violated CEQA (Again)
Twice in the past five years, San Diego voters have approved ballot initiatives seeking to raise the 30-foot height limit for buildings in the city’s Midway-Pacific Highway Community Planning Area (often referred to as the Midway district).
Court of Appeal Clarifies When Development Agreements Are Subject to Referendum in California
The First District Court of Appeal’s recent decision in Move Eden Housing v. City of Livermore, ___ Cal. App. 5th ___, 2025 WL 2837353 (Oct.
Major CEQA Reforms Limit Review for Housing and Other Projects
In the most significant reforms to CEQA in recent years, two new laws—AB 130 and SB 131—exempt certain infill housing from CEQA, limit environmental review for housing projects that nearly qualify for an exemption, and introduce other significant reforms for rezoning and nonresidential projects.
Catch-All Provision in County Application Checklist Violated Permit Streamlining Act
A Court of Appeal held that a provision in the County of Amador’s checklist for an encroachment permit requiring "[o]ther information as may be required" violated the Permit Streamlining Act. Old Golden Oaks LLC v. County of Amador, 111 Cal.App.5th 794 (2025).
Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act
Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal parcel. Cox v. City of Oakland, 17 Cal.5th 362 (2025).
VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions
The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland National Forest Foundation v. County of San Diego, No. D083555 (4th Dist., Apr. 28, 2025).
Environmental Assessment Adequately Analyzed Safety Hazards and Cumulative Impacts of CARB Control Measure for Ocean-Going Vessels
In Western States Petroleum Association v. California Air Resources Board, 108 Cal. App. 5th 938 (2025), the Court of Appeal upheld CARB’s Control Measure for Ocean-Going Vessels at Berth, rejecting arguments that the regulation was technologically infeasible, inadequately supported by evidence, or improperly evaluated under CEQA.
Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan
The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s redevelopment plan. West Adams Heritage Assn. v. City of Los Angeles, 106 Cal. App. 5th 395 (2024).
CARB's Rejection of Low-NoX Alternative When Adopting Advance Clean Trucks Regulation Did Not Violate CEQA
In California Natural Gas Vehicle Coalition v. State Air Resources Board, 105 Cal. App. 5th 304 (2024), the court upheld the Advanced Clean Trucks Regulation (“Regulation”), holding that the California Air Resources Board did not violate CEQA or the Administrative Procedure Act when it rejected the California Natural Gas Vehicle Coalition’s proposal for a low-NOx vehicle alternative.
Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA
A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County of Los Angeles, 106 Cal.App.5th 1 (2024).
Grocery Outlet Qualified For CEQA Class 32 Exemption as Infill Development
The Sixth District Court of Appeal held that the undefined terms “in-fill development” and “substantially surrounded by urban uses” in the CEQA exemption for in-fill development were not limited by the definitions of similar terms in other parts of the CEQA statute and guidelines. Working Families of Monterey County v.
California Supreme Court Upholds EIR for UC Berkeley Housing Development
EIR for State Water Project Contract Amendments Upheld
UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes
Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR
An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ "upon certification of a revised EIR" to require an assessment of the adequacy of the revised EIR before the writ could be discharged.