Statute
CEQA
1,308 published works
California Land Use & Development Law Report
School Districts’ Challenge to EIR Based on Inadequate School-Facilities Funding was Speculative
The Court of Appeal rejected a challenge by two school districts to a specific plan EIR, finding the districts’ claim that the EIR should have analyzed off-site impacts resulting from…
CEQA Developments
Second District Affirms Judgment Voiding CEQA Infill Exemption For Hollywood Hotel Project That Would Demolish Affordable Housing Units Because City Deemed Inapplicable And Never Considered Project’s Consistency With General Plan Housing Element Policies To Preserve Affordable Housing
In an opinion filed June 28, 2023, and later ordered published on July 25, 2023, the Second District Court of Appeal (Div. 5) affirmed a judgment granting a writ of…
Real Estate, Land Use & Environmental Law Blog
California Court Holds Proposed Ballot Measure Excluding Community Plan Area from Height Limit Is Not a “Later Activity” For Purposes of a Within-the-Scope Analysis
In late June, California’s Fourth District Court of Appeal upheld a Superior Court decision in Save Our Access v. City of San Diego, providing clarity for determining when a “later…
Real Estate & Construction
NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner
By Breana M. Inoshita, Tina Thomas, Merry Iseley
The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged…
California Land Use & Development Law Report
County’s Claimed Failure to Comply with CEQA Was Not a Defense to Enforcement of Encroachment Laws
By Marie Cooper
Property owners who acted illegally by blocking parking on a public street fronting their houses were not entitled to use the County’s alleged noncompliance with CEQA as a defense to…
Breaking Ground
The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills
By Publisher
Jennifer L. Hernandez, Marne S. Sussman, Norman Carlin, Brian C. Bunger
CEQA Developments
Governor Signs Infrastructure/Budget Legislation Including Significant Revisions To CEQA (SB 149)
On July 10, 2023, Governor Newsom signed into law a number of bills aimed at streamlining and accelerating the construction of critical infrastructure projects needed to achieve California’s ambitious climate…
Government and Public Policy
California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law
By Samuel D. Bacal-Graves, Amy R. Higuera, Laura Tepper
In June we reported that California Governor Gavin Newsom’s infrastructure permitting and CEQA reform legislation package was mostly dead, with the Legislature finding it too complex for last-minute consideration. But…
CEQA Developments
Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View Impacts of City of San Diego’s Subsequent Approval of Ballot Measure Excluding Entire Area From City’s 30-Foot Coastal Zone Height Limit
In a published opinion filed June 23, 2023, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ of mandate directing the City of San Diego…
Other
Harm to Public Interest in Informed Decisionmaking Can Tip the Scales When Courts Weigh Preliminary Injunctions
By Amy R. Higuera, Laura Tepper, Dustin D. Peterson
In Tulare Lake Canal Company v. Stratford Public Utility District (2023) 92 Cal.App.5th 380, the Fifth District Court of Appeal reversed and remanded a trial court order denying a preliminary…