California Land Use & Development Law Report
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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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January 14, 2021

Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency's EIR?

 In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. View blog post
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January 7, 2021

Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?

 In 2018, the CEQA Guideline which defines the term "mitigation" was amended to add "conservation easements" to the list of measures that can provide "compensatory" mitigation for an environmental impact. Guideline §15370(e). View blog post
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January 6, 2021 Takings

Condemnee Need Not Entirely Vacate Premises to Recover Damages After Condemnation is Abandoned

Complete physical dispossession of a property is not a prerequisite to an award of damages after a condemnation proceeding is abandoned—moving from the property in reliance on the order granting the agency possession is sufficient. San Joaquin Regional Transit District v. Superior Court, No. C084755 (3rd Dist., Dec.

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January 5, 2021 Initiatives and Referenda

Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval.  City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist., Dec. 17, 2020).

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January 4, 2021 CEQA

CEQA YEAR IN REVIEW 2020

A Summary of Published Appellate Opinions Involving the California Environmental Quality Act

Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics, including whether projects are properly classified as discretionary or ministerial, the adequacy of mitigation, agencies' document retention obligations, the remedy for an in

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January 4, 2021 Initiatives and Referenda

Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote

A court of appeal ruled that provisions of the California Constitution requiring a supermajority vote for special taxes imposed by local government do not apply to a special tax enacted by local initiative.  City and County of San Francisco v. All Persons Interested in the Matter of Proposition C, 51 Cal. App.

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December 30, 2020

Ninth Circuit Clarifies When Uncertainty Requires an Environmental Impact Statement

 A federal agency is not required to prepare an environmental impact statement for an action with uncertain environmental effects if the agency reasonably predicts that the effects will not be significant based on available evidence. American Wild Horse Campaign v. Bernhardt, 963 F.3d 1001 (9th Cir. View blog post
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December 23, 2020

Coastal Commission Order to Homeowners to Remove Seawall and Pay $1 Million Fine Upheld

 The Court of Appeal upheld a Coastal Commission cease-and-desist order requiring demolition of a seawall and payment of a $1 million penalty by homeowners who performed major reconstruction on their coastal home without notifying the Coastal Commission. View blog post
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December 18, 2020

Fish and Wildlife Service Adopts New Regulation for Critical Habitat Exclusions

 The U.S. Fish & Wildlife Service adopted a final regulation on December 18, 2020, to establish a process and the criteria for excluding areas from critical habitat designations under the Endangered Species Act. View blog post
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December 15, 2020

City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment

 The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José's Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the business records at issue. View blog post
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December 11, 2020

Law Restricting Judicial Review of Thermal Power Plant Licensing Decisions Ruled Unconstitutional

 The First District Court of Appeal held that Public Resources Code section 22531 unconstitutionally restricted judicial review of licensing decisions by the Energy Resources Conservation and Development Commission regarding thermal power plants over 50 megawatts. View blog post
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December 7, 2020

Environmental Impact Statement Required Due to Conflicting Evidence About Project’s Effects

 An agency must prepare an environmental impact statement when it fails to address expert scientific evidence that undermines its conclusions about a project's environmental effects. An agency also must prepare an EIS when there are substantial questions about whether a project will have a cumulatively significant impact. Bark v. U.S. Forest Service, 958 F.3d 865 (9th Cir. View blog post
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December 4, 2020

Plaintiff Lacked Standing to Sue Coastal Commissioners for Failing to Disclose Ex Parte Communications      

 A court of appeal held that a plaintiff did not have public interest standing to sue Coastal Commissioners for violating disclosure obligations concerning ex parte communications because the lawsuit was not brought as a mandamus action. View blog post
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December 3, 2020

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

 A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the contractor — was still available in plaintiff's taxpayer action. View blog post
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December 1, 2020

Waterfront Development Project Was Vested Against Later Voter Initiative By Approved Vesting Tentative Map Notwithstanding Project’s Location Within Coastal Zone.

 The court of appeal held that a vesting tentative map covering property within the Coastal Zone gave the developer the vested right to proceed with the project notwithstanding subsequent changes in local laws. While the project's location in the Coastal Zone rendered it subject to Coastal Commission jurisdiction, this did not impair the enforceability of vested rights against the City. View blog post
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