Miller Starr Regalia

Miller Starr Regalia Sponsors, Talks CEQA At Upcoming Sixth Annual California Land Use Law & Policy Conference In Oakland

By Arthur F. Coon

February 24, 2020

On March 30, 2020, the publishers of the California Land Use Law & Policy Reporter and sponsoring law firms (including Miller Starr Regalia) will present the Sixth Annual California Land Use Law & Policy Conference at the Marriott City Center Hotel in Oakland. The intensive one-day program will cover housing, coastal sea level rise, wetlands and endangered species regulation, and CEQA issues, and will feature a keynote address on legislative housing fixes by California Assemblyman…

Land Use Developments

Rough Justice: 4-1 Supermajority Vote of City Council Not Enough to Grant Appeal of Planning Commission’s Denial of Conditional Use Permit Applications Because 80% < 71%

By Bryan W. Wenter, AICP

February 18, 2020

It is usually easy to understand when a local legislative body approves a given motion. Indeed, a simply majority vote is all that is required for a motion to pass in most communities. Thus, obtaining a four to one vote of a city council granting an appeal of a planning commission denial of a given development project would typically warrant celebration. The appeal would have prevailed and the project would be approved. But vote counting…

Land Use Developments

Court Holds That City Violated Ralph M. Brown Act by Discussing Threatened Litigation Over Development Project in Closed Sessions, but Concludes Project is Not Null and Void Because There Was No Prejudice

By Bryan W. Wenter, AICP

February 11, 2020

On February 10, 2020, in Fowler v. City of Lafayette, __ Cal.App.5th __ (2020), the First District Court of Appeal affirmed a trial court decision challenging the City of Lafayette’s approval of a tennis cabana on a residential property. The petition alleged that the City violated the Ralph M. Brown Act by discussing the application in closed sessions and that the plaintiffs were therefore deprived of their right to a fair hearing.…

Land Use Developments

Ninth Circuit Rejects “Equal Terms” RLUIPA Challenge to Riverside Zoning Ordinance

By Bryan W. Wenter, AICP

February 5, 2020

The Religious Land Use and Institutionalized Persons Act of 2000, known as “RLUIPA,” is a federal civil rights law that protects individuals and religious assemblies and institutions from discriminatory and unduly burdensome land use regulations. Among several key parts of the statute, RLUIPA contains an “equal terms” provision that prohibits any government entity from imposing or implementing a land use regulation in a manner that treats a religious assembly or institution on “less than equal…

CEQA Developments

Fourth District Upholds CEQA Class 32 Infill Exemption For Small Residential Condo Project On Environmentally Sensitive Lands As Consistent With San Diego’s General Plan Despite Failure To Meet Recommended Minimum Density

By Arthur F. Coon

January 16, 2020

CEQA’s Class 32 categorical exemption for “infill development” applies to proposed developments within city limits on sites of five or fewer acres substantially surrounded by urban uses, where the site has no habitat value for special status species, can be adequately served by all required utilities and public services, and the project would not have significant traffic, noise, air quality, or water quality impacts. (CEQA Guidelines, § 15332(b)-(e).) But another important qualification is that the…

Land Use Developments

Establishing Vested Rights Through SB 330’s Preliminary Application: Understanding the Key Differences Between “Deemed Complete” and “Determined to be Complete” in the “Housing Crisis Act of 2019”

By Bryan W. Wenter, AICP

January 15, 2020

Senate Bill 330, referred to as the Housing Crisis Act of 2019, contains two major parts intended to accelerate housing production over the next five years by streamlining permitting and ensuring no net loss in housing capacity. Governor Newsom signed SB 330 into law on October 9, 2019, and it will be in effect from January 1, 2020 until January 1, 2025 unless extended via additional legislation. The first major part of SB 330 establishes…

CEQA Developments

“ROG Won: A CEQA Wars Story” – Third District Holds Geothermal Energy Project EIR’s Rejection Of Proposed Mitigation Measures For Significant ROG Fugitive Emissions Impact Violated CEQA Where No Substantial Evidence Showed Measures’ Infeasibility

By Arthur F. Coon

January 3, 2020

In an opinion filed November 26, and ordered published on December 23, 2019, the Third District Court of Appeal partially reversed a judgment rejecting a labor union’s CEQA challenges to the EIS/EIR for a geothermal power plant project on federal land in Mono County. Russel Covington, et al v. Great Basin Unified Air Pollution Control District, et al. (Orin 50 LLC, et al, Real Parties in Interest) (2019) ____ Cal.App.5th ____.…

Land Use Developments

Court Rejects Facial General Plan Consistency Challenge Based on Single Sentence in Sacramento’s 2035 General Plan

By Bryan W. Wenter, AICP

December 27, 2019

In a recent opinion certified for publication on December 18, 2019, Citizens for Positive Growth & Preservation v. City of Sacramento, __ Cal.App.5th __ (2019), the Third District Court of Appeal rejected a citizens group’s challenge under California’s Planning and Zoning Law and CEQA to the City of Sacramento’s recently updated 2035 General Plan. The group contended that a single sentence in the introductory paragraph of the City’s updated General Plan allegedly violates and conflicts…

CEQA Developments

Out With The Old (And In With The New … Next Year)! – Third District Rejects CEQA And General Plan Consistency Challenges to Sacramento’s 2035 General Plan Update And Related EIR, Holds Traffic Analysis Challenge Based On Lowering of Acceptable LOS Is Mooted By Public Resources Code § 20199, But New VMT Standard Doesn’t Yet Apply

By Arthur F. Coon

December 23, 2019

The City of Sacramento received an early Christmas present with the December 18 publication of the Third District Court of Appeal’s opinion in Citizens for Positive Growth & Preservation v. City of Sacramento (2019) ___ Cal.App.5th ___, which was originally filed on November 26, 2019. The decision affirmed a trial court judgment upholding the City’s 2035 General Plan against the plaintiff group’s Planning and Zoning Law and CEQA challenges. The opinion’s most significant CEQA holding was that…

CEQA Developments

Leaving Bad Law “On The Books”: Supreme Court Denies Depublication of CEQA EIR Project Description Case That Promotes Piecemeal Litigation

By Arthur F. Coon

December 3, 2019

Despite well-reasoned requests for depublication made by the City of Los Angeles, the California Building Industry Association (CBIA), the California State Association of Counties (CSAC) and the League of California Cities (League), the Second District’s questionable and controversial decision in Stopthemillenniumhollywood.com, et al. v. City of Los Angeles, et al. (2019) 39 Cal.App.5th 1 remains “on the books” as published precedent. The California Supreme Court on November 26, 2019 entered its order denying the depublication…