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
California Land Use & Development Law Report
Legal Commentary on Planning and Development
The California Land Use & Development Law Report, published by Perkins Coie LLP, focuses on legal developments and case law related to land use, environmental impact assessments, and development regulations in California. It covers topics such as environmental impact reports (EIRs), compliance with the California Environmental Quality Act (CEQA), local and state land use regulations, zoning exemptions for public institutions, and judicial interpretations of land development statutes. The blog also addresses issues involving public projects, housing developments, water resource contracts, and the intersection of governmental authority with municipal regulations. It provides updates on significant court rulings and legislative changes affecting land use and development law in California.
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Latest from California Land Use & Development Law Report
EIR for State Water Project Contract Amendments Upheld
By Kaela Shiigi & Perkins Coie
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…
UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes
By Marie Cooper
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. The Regents of…
Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR
By Marie Cooper
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…
Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny
By Perkins Coie
In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S.…
Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum
By Matt Gray
The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v. City of Livermore, 100 Cal.…
Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted
By Marie Cooper
Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. …
Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land
By Marie Cooper
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. V Lions…
Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim
By Marie Cooper
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. Moreover, the County’s decision not to exercise jurisdiction,…
Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence
By Marie Cooper
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. On appeal, the Board of Supervisors…