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). The court overturned the City’s interpretation of its own LCP, finding
California Land Use & Development Law Report
Legal Commentary on Planning and Development
Latest from California Land Use & Development Law Report - Page 2
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). The fact…
Housing Accountability Act Provision That Prohibits an Agency From Requiring a Rezoning When Zoning Is Inconsistent with the General Plan Inapplicable Where City Found Zoning Consistent.
A court rejected a developer’s attempt to take advantage of provisions in the Housing Accountability Act that prohibit a City from requiring a rezoning when zoning is inconsistent with the General Plan. It upheld Los Angeles’ determination that the existing…
Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots
The Housing Crisis Act of 2019, which enacted Government Code section 66300, generally precludes a city from reducing the intensity of land use on a parcel where housing is allowed below what was allowed on January 1, 2018. A court…
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). …
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. Yerba Buena Neighborhood Consortium, LLC v. Regents of the University of…
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…
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. Marina Coast Water District v. County of Monterey, 96…
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. Tsakopoulos Investments, LLC v. County of Sacramento, 95 Cal.App.5th 280 (2023).…
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…