Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more
The court of appeal held that attorney’s fees under the private attorney general doctrine could not be recovered in a CEQA action in which plaintiff obtained a preliminary stay of the project but the project proponent...more
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 of the alternatives...more
Land Use and Development Case Summaries (short form) -
1. PLANNING AND ZONING -
CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY,
26 Cal. App. 5th 689 (2018) -
Based on the language and...more
1/29/2019
/ Anti-SLAPP ,
Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
California Coastal Commission ,
CEQA ,
Clean Water Act ,
Coastal Real Estate ,
Density Bonus ,
Discharge of Pollutants ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Exemptions ,
Fully Protected Species ,
General Plan ,
Homeowners ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Land-Use Permits ,
Legislative Agendas ,
Migratory Bird Treaty Act (MBTA) ,
Mitigated Negative Declaration ,
New Legislation ,
Property Owners ,
Real Estate Development ,
Referendums ,
Regulatory Takings ,
School Districts ,
State and Local Government ,
Subdivision Map Act ,
Sustainability ,
Traffic Impact Assessments ,
Urban Planning & Development ,
Waters of the United States ,
Wetlands ,
Zoning Laws
The Sixth District Court of Appeal invalidated a school district’s Level 1 development fee because the underlying fee study did not properly calculate anticipated growth and included the cost of hypothetical new schools that...more
School impact fees for an apartment complex must be calculated based on the square footage of both the individual units and other space within the interior of the buildings, such as hallways and elevator shafts. 1901 First...more
A charter city is exempt from the statutory requirement that its specific plans and zoning ordinances be consistent with its general plan absent an express, unequivocal statement of intent in the city charter to adopt the...more
The California Building Industry Association has filed a petition for certiorari in the United States Supreme Court seeking review of the California Supreme Court’s recent decision in California Building Industry Association...more
The Building Industry Association of the Bay Area has filed a lawsuit in federal court in the Northern District of California challenging the City of Oakland’s recent adoption of a public art ordinance on constitutional...more
7/31/2015
/ Art ,
Artists ,
Bay Area ,
California Building Industry Association (CBIA) ,
Construction Industry ,
Fifth Amendment ,
First Amendment ,
Injunctions ,
Land Developers ,
Local Ordinance ,
Real Estate Development
The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more
7/29/2015
/ Affordable Housing ,
Attorney's Fees ,
CA Supreme Court ,
Inverse Condemnation ,
Land Developers ,
Real Estate Development ,
Statute of Limitations ,
Subdivision ,
Subdivision Map Act ,
Takings Clause ,
Writ of Mandamus
The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more
The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking review of at most one or two appellate court decisions a year. The last two...more
1/6/2015
/ Bay Area Air Quality Management District ,
Building Permits ,
CEQA ,
Environmental Impact Report (EIR) ,
Exemptions ,
High-Speed Rail ,
Interstate Commerce ,
Judicial Review ,
Mitigation ,
Preemption ,
Public Projects ,
Railroads ,
Real Estate Development ,
Sierra Club