Seeking to piggyback on the State of Emergency Governor Gavin Newsom declared on March 4, 2020 as part of the state’s response to address the global COVID-19 pandemic, California cities filed a letter with the Governor asking him to “pause”
Land Use Developments
The Land Use Developments blog, published by Miller Starr Regalia, focuses on legal issues surrounding real estate development and land use in California. It covers topics such as housing project approvals, challenges under the Housing Accountability Act, California Environmental Quality Act litigation, zoning and planning law compliance, and local government permitting processes. The blog discusses significant cases involving affordable housing projects, legislative updates affecting land use and housing development, and strategies to navigate regulatory and litigation challenges in real estate development. It also addresses the impact of local opposition groups and legal mechanisms to promote housing production.
Latest from Land Use Developments - Page 5
Court Rejects Coastal Act Preemption Challenge to San Diego’s Approval of Conditional Use Permit for Transitional Housing Facility
On February 18, 2020, in Citizens for South Bay Coastal Access v. City of San Diego, __ Cal.App.5th __ (2020) (Case No. D075387), the Fourth District Court of Appeal rejected a project opposition group’s challenge, under the California Coastal Act,…
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%
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…
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
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…
Ninth Circuit Rejects “Equal Terms” RLUIPA Challenge to Riverside Zoning Ordinance
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…
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”
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…
Court Rejects Facial General Plan Consistency Challenge Based on Single Sentence in Sacramento’s 2035 General Plan
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…
Judicial NIMBYism? Overreaching San Mateo Trial Court Decision Takes on Legislature and Governor, Declaring Nearly 40-Year Old Housing Production Law Inapplicable to Charter Cities
California cities may be justified to be skeptical when officials from Sacramento offer broad solutions to the state’s pernicious housing crisis. But the decades-old crisis highlighted by a severe and unsustainable underproduction of new housing is real and getting worse…
Court Orders City to Cure Internal Inconsistency in Richmond General Plan Created by Citizen-Sponsored Ballot Initiative
In a case of first impression published on October 25, 2019, Denham, LLC v. City of Richmond, Cal.App.5th __ (2019) (Case No. A154759), the First District Court of Appeal agreed with a trial court that a ballot initiative to preclude…
Takings Challenge to Coastal Commission Setback Condition Fails for Not Presenting “Exact Issue” to the Agency
The California Coastal Act governs land use planning for California’s entire coastal zone, directing the state Coastal Commission to maximize the public access to and along the coast consistent with the rights of property owners. The Act protects public access…