California Land Use & Development Law Report
Real Estate & Land Use, worms eye view of large commercial buildings

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. View posts by topic. Subscribe 🡢
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Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a Mobilehome Park

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson, No. B25011 ( Second Dist. August 21, 2015.)

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$9 Billion School Bond Measure Headed for November 2016 Ballot

 Almost a decade has passed since California last authorized a statewide school bond to build new schools and modernize existing schools. View blog post
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Building Industry Seeks U.S. Supreme Court Review of San Jose Affordable Housing Case

 The California Building Industry Association has filed a petition for View blog post
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Ninth Circuit Blocks EPA Approval of Controversial Pesticide

A federal appellate court has invalidated the U.S.

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California Supreme Court Sets Oral Argument in Key CEQA Case

 The California Supreme Court has announced that the oral argument in California Building Industry Association v. View blog post
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Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees

 The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City's findings "were mere conclusions, not the specific findings required under the [Mitigation Fee] Act." View blog post
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Federal Court Blocks Enforcement of New Clean Water Act Rule

 The U.S. View blog post
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Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

 Update:  After granting review and holding the Newark case (below) pending its decision in Ardon v. View blog post
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District Court Strikes 30-Year Eagle Take Rule

 The U.S. District Court for the Northern District of California has invalidated the U.S. View blog post
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Supplement to Curtin’s California Land Use and Planning Law (34th Ed.) Available as Free Download

 The 2015 Supplement to the 34th edition of Curtin's California Land Use & Planning Law is being made available as a free download on Solano Press.  It can be accessed here: Supplement -- Curti View blog post
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A State Agency’s Duty To Mitigate Significant Environmental Impacts Does Not Depend On A Legislative Appropriation Of Funds For Mitigation

The California State University system may not condition its funding of mitigation for off-site impacts of a campus expansion project on receipt of a legislative appropriation earmarked for that purpose, according to a decision issued yesterday by the California Supreme Court.

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Building Industry Challenges Public Art Requirements

 The Building Industry Association of the Bay Area has filed a lawsuit in federal court in the Northern District of California challenging the City of Oakland's recent adoption of a public art ordinance on constitutional grounds. The challenged Ordinance requires deve View blog post
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If At First You Succeed, Don't Try, Try, Try Again

 The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw v. County of Stanislaus, No. View blog post
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The Importance of Independence: The Ninth Circuit Provides Helpful Clarification on Connected Actions in the Energy Project Development Context

 The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the Endangered Species Act because the proposed access road would not have significant impacts to the environment. View blog post
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EIR Comments Should Improve The Environmental Review Process, Not Derail It

 CEQA guidelines require only that a lead agency give detailed responses to comments that identify an important new matter not discussed in the draft environmental impact report or raise questions about a significant environmental issue, the Fourth District Court of Appeal ruled, allowing Orange County to proceed with a long-considered expansion of a county jail. View blog post
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