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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 5, 2017 CEQA

CEQA YEAR IN REVIEW 2016

A Summary Of Published Appellate Opinions Under The California Environmental Quality Act

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December 20, 2016

California Supreme Court Rejects City’s Attempt To “Evade” General Plan Amendment Referendum

The California Supreme Court has unanimously denied an effort by the City of Orange to defend its approvals for a residential development project despite an intervening public vote that rejected a general plan amendment the city had passed to advance the project. View blog post
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December 7, 2016

City Does Not Have Burden of Showing Reasonableness of Housing Fees

Just over a year after the California Supreme Court strongly endorsed inclusionary housing ordinances, the Second District Court of Appeal upheld a city's collection of in-lieu housing fees against a developer's claim that the city failed to carry its burden of proving the fees were reasonably related to development impacts.  View blog post
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December 3, 2016

City Council Can Sponsor Ballot Measure To Repeal Prior Initiative That Restricts Council Action

Elections Code section 9222 allows a city council to propose a ballot measure that repeals or amends a prior initiative. In Brookside Investment, Ltd. v. City of El Monte (2d. Dist. No. B267081, Nov. View blog post
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December 1, 2016

Zoning Ordinance Is Not Necessarily a Project Subject to CEQA

The enactment of a zoning ordinance regulating medical marijuana facilities is not necessarily a project under CEQA, according to the court of appeal's decision in Union of Medical Marijuana Patients, Inc. v. View blog post
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November 28, 2016

California Coastal Act Trumps Statutes Awarding Density and Height Increase Bonuses

Statutes awarding housing density and height increase bonuses do not take precedence over the California Coastal Act, according to a decision of the Second Circuit Court of Appeal. Kalnel Gardens, LLC v. View blog post
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October 31, 2016

Court of Appeal Clears the Way for Level 3 School Fees

school halls The California Court of Appeal yesterday lifted a stay it had imposed in a lawsuit by the California Building Industry Association challenging implementation of "Level 3" school facilities fees. View blog post
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October 15, 2016

Citywide Community Facilities District to fund additional municipal services was valid under the Mello-Roos Act

A Mello-Roos tax on new residential development to finance a wide variety of governmental services was a valid special tax, not a general tax to fund existing municipal services. Building Industry Association of the Bay Area v. View blog post
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October 7, 2016

California Adopts Ambitious New Greenhouse Gas Reduction Targets

Governor Jerry Brown has signed two related bills that will tighten greenhouse gas limits and increase legislative oversight over the California Air Resources Board, SB 32 and AB 197. Some of the key components of the two bills include:
  • New state-wide target for reductions in GHG emissions.
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October 5, 2016

Municipal Regulation of Telecommunications Equipment In Public Right Of Way Based On Aesthetic Considerations Not Preempted

The California Court of Appeal has upheld municipal regulation of telecommunications equipment in the public right-of-way against the argument that such regulations are preempted by state law. T-Mobile West LLC v. City and County of San Francisco, No. A144252 (1st Dist., Sept. View blog post
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September 30, 2016

MOU Allocating Responsibility for Development of Groundwater Management Plan Not a Project Under CEQA

Fresh water from a well flows out into an old bucket. View blog post
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September 28, 2016

Uncertainty About an Agency’s Discretion to Determine Historical Significance for Purposes of CEQA Is Finally Put to Rest

Resolving a long-standing debate, the court in Friends Of The Willow Glen Trestle v. City Of San Jose (H041563), 6th Dist. Aug. 12, 2016,  ruled that San José's determination that a railroad trestle bridge was not a historic resource was to be evaluated under the substantial evidence standard of review.

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September 26, 2016

City’s Attempt to Use Emergency Ordinance to Scuttle Unpopular Project Violates Developer’s Vested Right

In Stewart Enterprises Inc., v. City of Oakland (2016) 248 Cal.App.4th 410 the court of appeal provided important clarification on the limits of a local agency's ability to use an emergency ordinance to reach back and prohibit a previously-approved project.

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September 25, 2016

Bay Area Air Quality Management District's CEQA Guidelines on Pollution Impacts to Project Occupants and Users Are Invalid

The significance thresholds for exposure of receptors to harmful air pollution in the Bay Area Air Quality Management District's CEQA Guidelines cannot provide the basis for requiring an EIR or mitigation measures, when used to measure the impact of existing air pollution on future occupants or users of a project. View blog post
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August 30, 2016

California Supreme Court Reforms Precondemnation Entry and Testing Statutes to Allow for Jury Determination of Damages

In Property Reserve v. Superior Court, S217738 (Cal. View blog post
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