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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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City of Upland

November 12, 2024

City’s Greenhouse Gas Emissions Threshold for Delivery Warehouse was Supported by Substantial Evidence

The court upheld a mitigated negative declaration for a parcel delivery warehouse project, finding, among other things, that the threshold of significance and baseline used in preparing the MND were supported by substantial evidence. Upland Community First v. City of Upland, No. E078241 (4th Dist., Sept. 19, 2024).

Yolo County Courthouse

November 6, 2024

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the record. Yolo Land & Water Defense v. County of Yolo, 105 Cal. App. 5th 710 (2024).

San Benito County

September 13, 2024

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

The CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed.

mountain river with a rapid current of rocks with a waterfall in summer

September 4, 2024

Enforcement Authority Cannot Be Used to Revisit Zoning Decisions

A Court of Appeal held that a municipal regulation concerning enforcement of zoning laws did not provide a legal basis to challenge a city planning department’s past zoning decisions. San Pablo Ave. Golden Gate Improvement Ass'n, Inc. v. City Council of City of Oakland, 103 Cal. App. 5th 233, 322 Cal. Rptr. 3d 870 (2024).

image of educational building

July 17, 2024 CEQA

California Supreme Court Upholds EIR for UC Berkeley Housing Development

The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social noise and alternative sites. Make UC a Good Neighbor v. The Regents of the University of California, 16 Cal.5th 43 (2024).

Water Hydro Power

July 15, 2024 CEQA

EIR for State Water Project Contract Amendments Upheld

The Third District Court of Appeal upheld the Department of Water Resources' EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and alternative options. Planning and Conservation League v. Dept. of Water Resources, 98 Cal. App. 5th 726 (2024).

Healthcare, medical provider holding an ipad

June 25, 2024 CEQA

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use regulations.

Gavel and Scales

May 30, 2024 CEQA

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.

Supreme Court Outside

April 19, 2024 Exactions and Assessments Takings

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively.

Microphone Meeting

April 17, 2024 Initiatives and Referenda

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum.

Los Angeles

April 16, 2024 Environmental and Land Use Litigation

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted

Petitioner's challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations.

Land Development, birds eye view of open land

April 12, 2024 CEQA

Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land

After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project's conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts.

Buildings Stores

April 10, 2024 CEQA

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim

The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project.

Land Construction

February 29, 2024 CEQA

Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence

The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared.

Water Coastal

February 16, 2024 California Coastal Act

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to Deference

The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP).