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.
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.
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).
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).
CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending
Enforcement Authority Cannot Be Used to Revisit Zoning Decisions
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.
Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny
Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum
Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted
Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land
Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim
