Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Court Upholds Class 1 Exemption for Improvements to Amusement Park in City of San Diego
The court of appeal found that an amended and restated lease requiring upgrades and improvements to an existing amusement park was exempt from the requirements of CEQA under the Class…
CEQA Developments
Supreme Court Denies Review And Depublishes CEQA Subsequent Review/“Spot-Zoning” Case Involving Partially Built Los Angeles Target Superstore Project
On November 20, 2018, in response to a petition for review filed by the Target Superstore project’s opponent, plaintiff (and respondent on appeal) Citizens Coalition Los Angeles, the California Supreme…
CEQA Girl
When the Mere Sale or Lease of Property Could Trigger CEQA Review
Private parties who plan to jump into a real property transaction with a public agency should be aware that their deal could be impacted or held up by the California…
CEQA Girl
Can CEQA Mitigation Measures Be Changed After Project Approval?
Last month, the Supreme Court, in the case Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502, clarified that an Environmental Impact Report (EIR) prepared pursuant to the California Environmental…
CEQA Girl
How to Ensure a PEIR Covers Your Project.
In other words, right now, most Mariculture or Marine Aquaculture projects being proposed in California are subject to review under CEQA. While some of these projects may find an applicable…
Real Estate, Land Use & Environmental Law Blog
California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases
In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares…
CEQA Developments
Coastal Act Trumps CEQA: CDP Challenger Must Administratively Appeal Local Entity’s Approval To Coastal Commission Before Bringing Judicial Action
In a published opinion filed February 13, 2019, the Fourth District Court of Appeal (Division 3) reaffirmed the need for a CEQA litigant challenging a coastal development permit to appeal…
CEQA Developments
First District Upholds CEQA Class 3 Categorical Exemption For Single Family Residence Projects In Berkeley Hills, Rejects Claim That “Location” Exception Applies Based On Site’s Location Within Mapped Earthquake Fault And Landslide Areas
In a partially published opinion filed January 30, 2019, the First District Court of Appeal (Div. 1) affirmed a judgment denying a writ petition challenging the City of Berkeley’s approval…
CEQA Developments
California Supreme Court Grants Review Of Regulatory Taking Issues In San Diego Single Family Residence CEQA Case; Merits Briefs To Be Filed Soon
Most real estate developers would likely agree that, even when correctly applied and complied with, CEQA can be an onerous law which can significantly complicate, delay, increase the cost of,…
CEQA Girl
Development in an Earthquake Zone Can Still Be Exemption From CEQA.
In coming to this decision, the court gave us two useful takeaways: (1) the bifurcated standard of review that applies to the “Unusual Circumstances” exception to a categorical exemption also…