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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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July 17, 2024 CEQA

California Supreme Court Upholds EIR for UC Berkeley Housing Development

The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social noise and alternative sites. Make UC a Good Neighbor v. The Regents of the University of California, 16 Cal.5th 43 (2024).

Water Hydro Power

July 15, 2024 CEQA

EIR for State Water Project Contract Amendments Upheld

The Third District Court of Appeal upheld the Department of Water Resources' EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and alternative options. Planning and Conservation League v. Dept. of Water Resources, 98 Cal. App. 5th 726 (2024).

Healthcare, medical provider holding an ipad

June 25, 2024 CEQA

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use regulations.

Gavel and Scales

May 30, 2024 CEQA

Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR

An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ "upon certification of a revised EIR" to require an assessment of the adequacy of the revised EIR before the writ could be discharged.

Land Development, birds eye view of open land

April 12, 2024 CEQA

Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land

After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project's conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts.

Buildings Stores

April 10, 2024 CEQA

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim

The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project.

Land Construction

February 29, 2024 CEQA

Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence

The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared.

Real Estate and Housing Construction

January 28, 2024 CEQA

The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is Later Re-Adopted

A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration (MND).

image of the road cutting through the forest

November 14, 2023 CEQA

Class 7 CEQA Exemption Requires Only a Showing of Protection of a Natural Resource, Not the Entire Environment, and a Potential For Environmental Impacts Does Not Prevent Use of a CEQA Exemption

A court upheld an ordinance that restricted development standards in designated overlay zones to protect wildlife corridors, finding that it did not establish a "use" that would be subject to certain requirements of the Surface Mining and Reclamation Act (SMARA).

Housing Buildings

October 20, 2023 CEQA

Court Upholds EIR for UCSF Parnassus Expansion Against Wide-Ranging CEQA Claims

The First District Court of Appeal has approved an EIR analyzing a proposed fifty percent increase in density at the Parnassus campus of the University of California, San Francisco.

Water Coastal

October 9, 2023 CEQA

Fair Argument Standard Did Not Apply to Claim Regarding Exception to CEQA's Historical Resources Categorical Exemption

This case addressed both application of CEQA's categorical exemption for renovation of historical resources and application of an exception to the exemption that turned on the question whether the project complied with Secretary of Interior standards regarding renovation of historic structures.

Water Hydro Power

September 22, 2023 CEQA

Monterey Water Saga Continues: County’s Approval of Desalination Plant Upheld Against CEQA Challenges

A court of appeal has upheld Monterey County's approvals for a desalination plant, rejecting challengers' claims that uncertainty regarding the availability of source water for the plant necessitated additional CEQA review.

Real Estate Sector image, view of commercial area with new construction

September 8, 2023 CEQA

Court Approves EIR’s Climate Change Analysis for Community Master Plan

The Third District Court of Appeal has held that Sacramento County's environmental impact report for a master planned community complied with CEQA's requirements for analysis of greenhouse gas emissions.

Gavel with scale

August 10, 2023 CEQA

Trial Court Cannot Retain Jurisdiction if Terms of Peremptory Writ of Mandate are Fully Satisfied

The trial court improperly retained jurisdiction of a CEQA challenge after the City of San Diego filed a return to the peremptory writ of mandate confirming that it had rescinded the project approvals and thereby satisfied the terms of the writ.

Education

August 7, 2023 CEQA

School Districts’ Challenge to EIR Based on Inadequate School-Facilities Funding was Speculative

The Court of Appeal rejected a challenge by two school districts to a specific plan EIR, finding the districts' claim that the EIR should have analyzed off-site impacts resulting from inadequate school facilities to be speculative.