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.
Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots
Housing Accountability Act Provision That Prohibits an Agency From Requiring a Rezoning When Zoning Is Inconsistent with the General Plan Inapplicable Where City Found Zoning Consistent
Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided
The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are separately described (including by reference to an antiquated subdivision map) and all other requirements of section 66412.6(a) are satisfied.
Court Held That Obligation to Further Fair Housing Requires More Than the Absence of Discrimination and That Base Zoning Allowing Lower Densities Violated Housing Element Law Even Though Overlay Zoning Required Minimum Densities
A court addressed the City of Clovis' repeated failures to accommodate lower-income housing needs.
Units Converted from One Residential Use to Another Are Not Exempt from Rent Control under Costa-Hawkins
Remodeled residential units converted from space long dedicated to residential use are not considered new construction and are not exempt from local rent control under the Costa-Hawkins Rental Housing Act. NCR Properties, LLC v. City of Berkeley, No. A163003 (1st Dist., March 9, 2023).
City Lacked Authority to Close Public Street for Installation of Marilyn Monroe Statue
The City of Palm Springs' three-year closure of a public street for installation of a statue was unlawful because the Vehicle Code permits only temporary closure of streets for parades or other short-term events, not multi-year closure for installation of semi-permanent structures. Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (2023).
33rd Annual Land Use and Development Law Briefing — Materials Available
Attorneys from Perkins Coie presented the 33rd Annual Land Use and Development Law Briefing on January 31, 2023.
Topics included:
2022 Land Use and Development Law Case Summaries
