California Land Use & Development Law Report
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.
Use Of Future Baseline In CEQA Analysis Approved By California Supreme Court
The California Supreme Court has both resolved a split in the appellate courts and forged new law on the baselines agencies may use to assess projects' environmental effects under CEQA. Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, Case No. S202828 (Cal.
City Council's Interpretation of General Plan Prevails Despite Conflict With Plan's Land Use Map
A city council has sweeping authority to interpret the city's general plan. That authority trumped a successful referendum campaign designed to block a residential development project, according to the court's decision in Orange Citizens for Parks and Recreation v.
Offsite Conservation Easements Are Feasible Mitigation For Loss Of Agricultural Resources According to Appellate Court
Specific Limitations Period In Government Code Prevails Over Statute of Limitations In CEQA
Under the Public Records Act, agencies must allow access to land use databases.
The California Supreme Court has unanimously held that a public agency must allow access to a database of information on land use parcels, rejecting the claim that such information is subject to the "computer software" exemption under the Public Records Act.
Pre-Approval Disclosures Between Agency and Applicant Waive Privileges In CEQA Cases.
The Fifth Appellate District has issued another in a series of decisions regarding administrative records in CEQA cases. The court held that the "common interest doctrine" does not protect otherwise privileged communications shared by a developer and an agency prior to approval of a project because the two cannot be considered to be advancing any shared interest at the preapproval stage.&
County Can’t Use Growth Control Initiative to Bar Previously-Approved Project
Coastal Commission May Not Review City Nuisance Abatement Ordinance Passed In Good Faith
Ninth Circuit Clarifies ESA’s “Cumulative Effects” Requirement
- A "cumulative effect" under the ESA is different from a "cumulative impact" under NEPA
- No "cumulative effects" analysis is required in informal ESA section 7 consultations.
County Could Not Make Density Bonus Conditional Upon Compliance With Local Affordable Housing Requirements
A local agency may not condition the availability of a density bonus upon provision of more affordable housing than the minimum required under the State Density Bonus Law. Latinos Unidos Del Valle De Napa Y Solano v.
Tentative Map Life Extended Again for Two Years
Large Solar Energy Project Survives Williamson Act And CEQA Challenge
The Sixth District Court of Appeal has given a boost to utility-scale solar projects by rejecting the types of Williamson Act and CEQA challenges that are often brought against those projects. Save Panoche Valley v.
Judicial Review of Environmental Impact Reports: Is There Really A Need for CEQA Reform?
Every few years, with El Nino-like regularity, a wave of interest in CEQA reform sweeps through the business community, accompanied by pleas to the legislature to overhaul the statute. In the end, few substantive changes are made. This year is no exception. (See June 14th post).
U.S. Supreme Court Holds That Monetary Exactions are Subject to Nexus and Rough Proportionality Requirements
CEQA and Land Use Bills -- An Update
- Aesthetic Impacts in Transit Priority Areas Not Significant.