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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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October 15, 2018

Development Agreements Cannot Be Adopted By Initiative

A development agreement cannot be adopted by initiative, the California court of appeal ruled in Center for Community Action and Environmental Justice v. City of Moreno Valley, 26 Cal. App.

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October 11, 2018

Ban on Short-Term Home Rentals Is a “Development” Subject to the Coastal Act

Underlining the broad and expansive definition of "development" under the California Coastal Act, the Second Appellate District ruled that a coastal homeowners' association's ban on short-term rentals is considered "development" subject to the requirements of the Coastal Act. Greenfield v. Mandalay Shores Community Association, 21 Cal. App.

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September 24, 2018

Governor Signs Bill Extending the Life of Building Permits to One Year

Governor Brown has signed AB 2913 (Wood), which amends current law to extend the duration of building permits from six months to one year. Under current law, a building permit is subject to the state Building Standards Code as well as any local ordinances in effect at

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September 24, 2018

Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts

Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal. App.

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August 9, 2018

Applicant Challenging Denial of Use Permit Must Prove It Is Legally Entitled to Permit

In an unsurprising decision, the Second District Court of Appeal upheld Ventura County's decision to a deny a use permit that would allow tigers to be kept on property located within a half-mile of a residential area. Hauser v. Ventura County Board of Supervisors, 20 Cal.App.5th 572 (2018). Background.

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July 25, 2018

Power Plant Licensing Case May Open Door to Expanded Judicial Review of Licensing Decisions

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July 23, 2018

Major Changes Proposed to Endangered Species Act Regulations

The U.S. Fish and Wildlife Service and National Marine Fisheries Service recently published three proposed rules that would make major revisions to the regulations implementing portions of the Endangered Species Act.

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June 29, 2018

Court Rejects Interpretation of Medical Marijuana Collective as a “Medical Office” under City’s Zoning Code

The Sixth District Court of Appeal has held that a medical marijuana collective is not a "medical office" as defined in San Jose's Municipal Code.

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June 29, 2018

Significant Changes Proposed to NEPA Regulations

The Council on Environmental Quality (CEQ) has issued a notice of proposed rulemaking regarding potential changes to the CEQ regulations under the National Environmental Policy Act.

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May 23, 2018

Another San Francisco Ordinance Falls To The Ellis Act

Once again, the City and County of San Francisco has been found to have exceeded the limits of its authority under the Ellis Act in its efforts to deter conversion of residential rental units. Small Property Owners of San Francisco Institute v. City and County of San Francisco, 22 Cal. App.

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May 4, 2018

School Fees for Apartment Buildings Not Limited to Square Footage of Individual Units

School impact fees for an apartment complex must be calculated based on the square footage of both the individual units and other space within the interior of the buildings, such as hallways and elevator shafts.

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April 17, 2018

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free speech under California's anti-SLAPP statute. Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association, 19 Cal. App.

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April 5, 2018

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov't Code Section 65860, according to the court's decision in Save Lafayette v. City of Lafayette, 20 Cal. App.

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April 4, 2018

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is "fairly traceable" to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai'i Wildlife Fund v. County of Maui, 881 F.3d 754 (9th Cir.

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April 4, 2018

Clean Water Act Requires Permit for Pollution Discharges from Oyster Hatchery’s Pipes

The Clean Water Act requires a permit to discharge pollutants through pipes, ditches, and channels from an oyster hatchery, even though the facility would not be subject to the Act's permitting requirements as a "concentrated aquatic animal production facility," the U.S.