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CEQA Chronicles

Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner as Requested

By Brenda C. Bass
May 3, 2021

Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately triggered CEQA’s abbreviated,…

California Land Use & Development Law Report

Case Properly Dismissed for Failure to Join Real Party in Interest Even Though Agency Did Not Provide Plaintiff with Corrected Notice of Determination

By Michelle Chan
March 12, 2021

The court of appeal affirmed the trial court judgment dismissing the plaintiff’s CEQA action on grounds that the plaintiff failed to join an indispensable real party in interest within thirty days after the city filed a revised notice of determination…

Bankruptcy & Restructuring Law

New Chapter 11 Filing – SC SJ Holdings LLC

By Cole Schotz
March 11, 2021

On March 10, 2021, SC SJ Holdings LLC, the owner and former lessee of an 805-room hotel located in downtown San Jose, California, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for…

COVID-19 Workplace Law Advisor

The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance

By Erika M. Barbara
January 11, 2021

The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.

Extension

When it was first passed,…

California Workplace Law Blog

The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance

By Erika M. Barbara
January 11, 2021

The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.

Extension

When it was first passed,…

California Land Use & Development Law Report

City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment

By Geoffrey Robinson
December 15, 2020

The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the business records at issue. Hotop v.

Land Use Developments

City “Apartment Rent Ordinance” Survives Constitutional Challenge by Landlords

By Bryan W. Wenter, AICP
December 8, 2020

In a concise December 7, 2020 opinion, Hotop v. City of San Jose, __ F.3d __ (2020) (Case No. 18-16995), a 3-0 panel of the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of an action alleging that…

California Employment Law Update

“See Ya Later, California!” Hewlett-Packard Moves its HQ from Silicon Valley to Texas

By Tony Oncidi & Kristina L. Sidrak
December 3, 2020
https-calemploymentlawupdate-proskauerroseblogs-com-wp-content-uploads-sites-18-2020-12-gettyimages-157587402-300x200-jpg

Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it’s moving its global headquarters from San Jose, CA to Houston, TX and with it, thousands of jobs.  Citing “business…

CEQA Chronicles

Sixth District Holds CEQA Does Not Require Supplemental Review for a Streambed Alteration Permit

By Christian L. Marsh & Breana M. Inoshita
July 20, 2020
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Joshua Wilson, Unsplash

The Sixth Appellate District, in Willow Glen Trestle Conservancy v. San Jose (2020) 49 Cal.App.5th 127, held that seeking a new Streambed Alteration Agreement (“SAA”) from the California Department of Fish & Wildlife (“CDFW”) for a previously approved project does…

CEQA Developments

Sixth District Holds City Of San Jose’s Action In Seeking And Accepting Streambed Alteration Agreement From California Department Of Fish And Wildlife Is Not New Discretionary Approval For City’s Historic Trestle Demolition/Bridge Construction Project, And Thus Does Not Trigger Subsequent CEQA Review

By Arthur F. Coon
May 22, 2020

In a published opinion filed May 18, 2020, the Sixth District Court of Appeal affirmed the trial court’s denial of a historic preservation group’s writ petition that challenged the City of San Jose’s (City) entry into a Streambed Alteration Agreement…

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