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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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Are We Ever Getting a Redevelopment Clean-Up Bill?

As the behemoth redevelopment dissolution bill, ABx1-26, lurched toward final passage last June, legislator after legislator reassured local governments that the bill's rough edges would be planed in no time with clean-up legislation.

Almost a year later, municipalities are still waiting.

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Sequential Lot Line Adjustments Get The Green Light.

Lot line adjustments offer a streamlined alternative to the complex process of subdividing land.  However, lot line adjustments have historically been  limited to four or fewer adjoining parcels.  In a decision that may significantly expand use of lot line adjustments, the court of appeal in 

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State University's Duty to Mitigate Transportation Impacts to be Considered by Supreme Court

In City of San Diego v  Board of Trustees of the California State University, the court of appeal overturned the EIR for the San Diego State University campus expansion plan, ruling that it did not adequately address transportation impacts and mitigation measures for those impacts.  In a decision issued on December 13, the court rejected the university's finding that&nbs

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Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project

Provisions of Appendix G of the CEQA Guidelines that purport to require analysis of the effects of environmental hazards on a proposed project have been declared invalid by California's Second District Court of Appeal.  The court held that such impacts are not encompassed by CEQA, rejecting a claim that an Environmental Impact Report was required to eval View blog post
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Redevelopment Assets Ordered Returned by State Controller

Last year's bill eliminating redevelopment agencies, AB x1-26,  has created massive headaches for successor agencies as they attempt to unwind years of complex financial transactions.

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New Title 24 Efficiency Standards Adopted

On May 31, the California Energy Commission (CEC) unanimously adopted new Title 24 energy efficiency standards for residential and commercial buildings.  A summary of the new standards appears on the View blog post
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No Right to Appeal LEA's Certification of EIR for Solid Waste Facilities Permit to Board of Supervisors

In No Wetlands Landfill Expansion v. County of Marin the First District Court of Appeal held that community organizations had no right to have the county's board of supervisors hear an appeal of an EIR certification determination by the county's solid waste management agency. The decision addresses the interplay between the CEQA and the Integrated Waste Management Act.

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Decision Exempting Modification of Judgment Imposing a Physical Solution to Water Rights Issues is Reinstated by California Supreme Court

As a result of a protracted adjudication over overdrafting of the 100,000-acre Los Angeles County West Coast Groundwater Basin, a stipulated judgment imposing a "physical solution" to reduce depletion of groundwater resources has regulated Basin water production and allocations since 1961.  The judgment does not, however, contain provisions governing water storage, so in 2009 Golden State Wat View blog post
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Agreements Tolling CEQA Statute of Limitations Upheld

Agreements to toll the statute of limitations for filing suit are generally favored under the law because they enable parties to negotiate and resolve issues without the distraction of litigation.  But in land use and CEQA cases, there are countervailing public policy reasons favoring prompt filing and disposition of such matters. View blog post
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Future Baseline May be Used for CEQA Review of Long-Term Infrastructure Project

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, the California Court of Appeal for the Second Appellate District ruled that in appropriate circumstances, projected future conditions may serve as an appropriate baseline for measuring a project's impacts under the California Environmental Quality Act.

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Mobile Home Park Owners Not Constitutionally Entitled to Receive Market Rate Rent

Mobile home park owners were not entitled to raise rents to market rates under the terms of the city's rent control ordinance or the constitution, even though those rates may not be "excessive," according to the court in Besaro Mobile Home Park v. City of Fremont.

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EPA Compliance Orders Are Subject to Judicial Review

A source of great frustration to property owners and developers has been the inability to obtain judicial review of compliance orders issued by the Environmental Protection Agency.  Instead, under prevailing caselaw, the choices have been either to comply with the order or face civil enforcement proceedings, including possible civil penalties. Today, the Supreme Court unanimously rejected th View blog post
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Supreme Court Declines Review of CEQA Decision Upholding EIR’s Use of Existing Operations Baseline

In Citizens for East Shore Parks  the court of appeal upheld use of existing "on the ground" conditions, including ongoing operations, as the baseline for CEQA review of long-term renewal of a State Lands Commission lease of property used for a marine terminal.  On March 14, 2012 the California Supreme Court denied a petition for review of the court of appeal's decision.

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Ninth Circuit Upholds Removal Of Endangered Species Act Protections for Gray Wolves

Over the course of a decade, the U.S.

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An Unnecessary Statutory Duel

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