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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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September 2, 2020 Takings

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19 days past the 10-year statutory deadline.

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August 14, 2020

Municipal Water Rates are Protected from Referendum Challenges

The California Supreme Court ruled that water rates and other local utility charges are considered "taxes" for the purpose of California Constitution Article II, Section 9 and therefore exempt from the referendum process.

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August 6, 2020

Agencies Must Preserve Emails For CEQA Record of Proceedings

An agency's duty to preserve documents for inclusion in the record of proceedings under CEQA prevails over a local agency's document retention and destruction policies. Golden Door Properties v.

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July 30, 2020

EPA Failed to Evaluate Potential Adverse Impact of Pesticide on Monarch Butterfly

The Ninth Circuit held that the EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by failing to assess adverse effects of a pesticide — Enlist Duo —on monarch butterfly habitat.

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July 23, 2020

Development Agreement, Not Vesting Tentative Map, Governed Whether New Fees Applied to Project

When a tract of land is governed by both a vesting tentative map and a subsequent development agreement and the terms of the two documents conflict, the development agreement controls.

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July 23, 2020

State Water Board Has Authority to Implement Temporary Emergency Regulations Curtailing Water Diversions Without Prior Evidentiary Hearing

The Third Appellate District held that the State Water Resources Control Board has the authority to issue temporary emergency regulations and curtailment orders which establish minimum flow requirements, regulate unreasonable use of water, and protect threatened fish species during drought conditions.

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July 22, 2020

Disparate-Impact Claims Under FHA and FEHA Must Demonstrate Causal Connection Between a City’s Approval of Development Projects and Racial Disparity in Housing

The court of appeal held that the City's approval of mixed-used development projects was not an "artificial, arbitrary, or unnecessary barrier[]" to fair housing necessary to support disparate-impact claims under the FHA and FEHA.

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July 9, 2020

Public Universities Must Comply With CEQA When Deciding to Increase Enrollment Beyond Levels Specified in Development Plan EIR

In Save Berkeley's Neighborhoods v.

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July 7, 2020

Agency Notice of Deadline for Filing Suit Was Defective

An administrative agency must provide the notice required under Code of Civil Procedure section 1094.6(f) specifying when its decision becomes final, and may not add potentially confusing information that undermines the statutory purpose of eliminating doubt as to when the statute of limitations to begins to run.

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July 1, 2020

Suit Challenging Interpretation of Tentative Map Conditions Was Not Time-Barred

Nicholas Honchariw's battles with the County of Stanislaus over his 9-lot subdivision have now resulted in a fourth published appellate decision.

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June 30, 2020

University Campus Was Not an Illusory Element of Project Under CEQA

The court of appeal found the EIR for a master planned community sufficient because it adequately described and analyzed impacts of the proposed project, which included a university, and was not required to consider the speculative possibility that the university would never be built.

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June 29, 2020 Takings

Judgment Against Prior Owners Fixed Tidelands Boundaries, Barring Plaintiffs’ Quiet Title and Inverse Condemnation Claims.

The court of appeal held that plaintiffs' inverse condemnation and damages claims based on dredging in the bay adjacent to their properties was barred under the doctrine of res judicata based on a 1931 judgment conclusively establishing that the property alleged to have been taken or damaged was not owned by plaintiffs.

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June 26, 2020

Brown Act Violation Did Not Require Nullification of Project Approval Where No Prejudice Was Shown

The City of Lafayette violated the Brown Act by not including a litigation threat discussed in closed session in the agenda packet made publicly available before the meeting, but plaintiffs failed to show any prejudice resulting from the violation. Fowler v. City of Lafayette, 46 Cal. App.

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June 18, 2020

EIR Improperly Deferred Formulation and Implementation of Mitigation Measures for New Oil and Gas Drilling

The Fifth District Court of Appeal found multiple defects in a Kern County EIR for a proposed ordinance streamlining the permitting process for new oil and gas wells. King and Gardiner Farms v.

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June 18, 2020

Suit for Breach of Development Agreement Should Be Treated as a Breach-of-Contract Action, Not an Administrative Law Proceeding

An action for breach of a statutory development agreement should be reviewed as a breach-of-contract case, not as an administrative law proceeding in which the court gives deference to the City's findings.