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CEQA
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CEQA Developments
Third District Rejects CEQA Challenges To Chico Walmart Expansion Project EIR’s Urban Decay Analysis And City’s Statement Of Overriding Considerations
In an opinion filed September 5, and later certified for partial publication on October 3, 2019, the Third District Court of Appeal affirmed a judgment upholding the City of Chico’s…
California Land Use & Development Law Report
Agency Inaction Is Not a CEQA Project
By Perkins Coie
An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First…
Land Use Law Blog
CEQA Baseline For Vacant Apartment Building Conversion Properly Assumed No Existing Affordable Housing Onsite
Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles (2019) 37 Cal.App.5th 768 The Court of Appeal affirmed the trial court’s denial of a writ of mandate demanding the City…
California Land Use & Development Law Report
California Supreme Court Clarifies What Is a “Project” Subject to CEQA
By Perkins Coie
The California Supreme Court clarified what activities are subject to CEQA in its recent decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, No. S238563, 2019…
CEQA Developments
CDCR’s Inaction In Failing To Maintain Historic Former Hotel Not A “Project” Subject To CEQA, Holds First District
In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying a historic preservation group’s mandate petition seeking…
Land Use Law Blog
Drawing the CEQA fine line: when is an ordinance “not a project”?
In Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) Cal. LEXIS 6005, the California Supreme Court tackled the illusive question of when is a discretionary action…
Land Use Law Blog
CEQA Tail Wags the Land Use Dog
Stopthemillenniumhollywood.com et al., v. City of Los Angeles et al. 2019 Cal.App. LEXIS 780 In Stopthemillenniumhollywood.com et al., v. City of Los Angeles et al. 2019 Cal.App. LEXIS 780, the…
CEQA Developments
Are Urban Land Uses And Project Design Components Fungible For CEQA Project Description Purposes As Long As Maximum Possible Environmental Impacts Are Disclosed And Analyzed? Second District Doesn’t Think So, Holds Controversial Millennium Hollywood Project EIR’s “Blurry” Project Description Violates CEQA
In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA…
Land Use Law Blog
A Charter City Can Exceed Its General Plan Standards For Density Based Upon A General Plan Policy Which Allowed Limits To Be Exceeded Based Upon Special Benefits To The Public
Sacramentans for Fair Planning v. City of Sacramento (2019) 2019 Cal.App. LEXIS 646 The City of Sacramento, a charter city, approved a fifteen-story mixed use project in its Midtown area, significantly…
California Land Use & Development Law Report
EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed Alternative
By Geoffrey Robinson, Christian Termyn
An EIR’s project description may identify alternative development schemes proposed for a single project, and the agency may approve a modified version of the project that incorporates elements of one…