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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.

Water Coastal
February 16, 2024 California Coastal Act

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to Deference

The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). View blog post
coastal highway on sunny day
August 2, 2023 California Coastal Act

Coastal Commission Has De Novo Authority Over Issuance of Coastal Development Permits

The court upheld the authority of the California Coastal Commission to decide appeals of coastal development permits under a de novo standard of review. View blog post
Real Estate and Housing Construction
June 22, 2022 California Coastal Act CEQA

CEQA Challenge to Campus Town Project in Monterey County Was Untimely

 

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Housing Buildings
May 10, 2022 California Coastal Act

Ban on Short-Term Rentals Required Coastal Commission Approval

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that requires Coastal Commission approval. Darby T. Keen v. City of Manhattan Beach 77 Cal. App. 5th 142 (2022).

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Housing Real Estate
March 11, 2022 California Coastal Act Environmental and Land Use Litigation

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals. View blog post
bridge in coastal area with view of ocean
January 14, 2022 California Coastal Act CEQA

Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit

The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).

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coastal highway on sunny day
July 15, 2021 California Coastal Act Planning and Zoning

Public Notice Need Not State That Permit Will Be Deemed Approved in Order for Permit Streamlining Act to Apply

A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a public hearing is sufficient to meet notice requirements for approval due to agency inaction under the Permit Streamlining Act. 

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bridge in coastal area with view of ocean
June 8, 2021 California Coastal Act

City’s Ban on Short-Term Vacation Rentals in Coastal Zone Violated Coastal Act

A city's ban on short-term vacation rentals in the coastal zone constitutes "development" under the California Coastal Act. Therefore, the Coastal Commission must first approve a coastal development permit, an amendment to the city's certified local coastal program, or an amendment waiver before such a ban can be imposed. Kracke v. City of Santa Barbara, 63 Cal. App. 5th 1089 (2021).

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May 3, 2021 Takings California Coastal Act Environmental and Land Use Litigation

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No.

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April 14, 2021 California Coastal Act

Appellate Courts to Malibu Homeowners: “Defy the Coastal Commission at Your Peril”

Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt construction after notification of the violation by Commission staff.

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