News & Analysis as of

California Environmental Quality Act Building Permits

Downey Brand LLP

Project’s Completion Did Not Moot CEQA Claim

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Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....more

Perkins Coie

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA...

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The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the...more

Miller Starr Regalia

First District Holds CEQA Challenge To Shooting Range Project On City-Owned Land In Unincorporated County Was Not Mooted By...

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In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the...more

Downey Brand LLP

Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents

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The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’ (“City”) final programmatic environmental...more

Downey Brand LLP

Second District Rejects CEQA and Coastal Act Challenge to Senior Facility in Pacific Palisades Area of Los Angeles

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In Pacific Palisades Residents Association, Inc. v. City of Los Angeles et al. (March 8, 2023, Case No. B306658) __ Cal.App.2d __, the Second District issued a strong opinion affirming the trial court’s ruling that a proposed...more

Sheppard Mullin Richter & Hampton LLP

California Senate Returns Its Focus to Housing in 2021-2022 Legislative Session

The new 2021-2022 California legislative session has kicked off with the Senate’s “Building Opportunities for All” housing package, its latest effort to tackle zoning and California Environmental Quality Act (“CEQA”) reforms...more

Nossaman LLP

General Plan Environmental Justice Guidelines: Do They Apply To You?

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On June 24, 2020, the California Office of Planning and Research (OPR) issued updated General Plan Guidelines for use by cities and counties in developing land use planning documents. The Guidelines are intended to implement...more

Perkins Coie

Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant...

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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

Sheppard Mullin Richter & Hampton LLP

California Housing Legislation – 2019 Update

In 2019, the California legislature passed, and Governor Newsom approved, new legislation impacting the development industry. Effective January 1, 2020, the laws summarized in the link below will impact the development...more

Coblentz Patch Duffy & Bass

SB 330 Seeks to Speed Up Housing Production

The Housing Crisis Act of 2019 (Senate Bill No. 330; Senator Skinner) goes into effect on January 1, 2020 and expires on January 1, 2025. It aims to address the statewide housing crisis by limiting the number of public...more

Farella Braun + Martel LLP

Newly Adopted California Housing Laws – Assembly Bill 1485 Streamlining the Permit Process for Housing Developments

On January 1, 2020, several housing-related bills recently signed into law by the Governor take effect. We will explain the upcoming changes in housing law through a series of updates. Our first update provided information...more

Farella Braun + Martel LLP

Newly Adopted California Housing Laws – Senate Bill 330 Housing Crisis Act

Ahead of the January 1, 2020 effective date for several housing-related bills recently signed into law by the Governor, we will explain upcoming changes in housing law through a series of updates. Our first update provided...more

Holland & Knight LLP

California's 2020 Housing Laws: What You Need to Know

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As California's housing supply and homelessness crisis continues, the State Legislature has for the past several years passed numerous pieces of housing legislation in each legislative session. This year was no exception,...more

Perkins Coie

Coastal Development Permit Cannot Be Challenged in Court Until After Coastal Commission Decides an Appeal

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A court challenge to a local agency’s decision to grant a coastal development permit becomes moot when the Coastal Commission accepts an appeal of the decision, the California court of appeal ruled in Fudge v. City of Laguna...more

Sheppard Mullin Richter & Hampton LLP

CDP Applicant May Not Challenge Local Agency’s CEQA Decision on Coastal Development Permit While CDP Appeal to Coastal Commission...

In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait for the California Coastal...more

Miller Starr Regalia

Coastal Act Trumps CEQA: CDP Challenger Must Administratively Appeal Local Entity’s Approval To Coastal Commission Before Bringing...

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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 to the Coastal Commission before...more

Nossaman LLP

Regulatory Taking May Result From Improper CEQA Determination? Stay Tuned

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A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more

Miller Starr Regalia

California Supreme Court Grants Review Of Regulatory Taking Issues In San Diego Single Family Residence CEQA Case; Merits Briefs...

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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, and in some cases (particularly...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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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

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Perkins Coie

Determinations Regarding Compatibility of Residential Uses with Timberland Production are Ministerial and Hence Exempt from CEQA...

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The Third District Court of Appeal rejected a CEQA challenge to a county’s general plan update, holding that a county’s California Timberland Productivity Act finding that a residence or structure is necessary for timberland...more

Latham & Watkins LLP

California Court of Appeal Upholds Noise Analysis in Negative Declaration

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial...more

Miller Starr Regalia

Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To...

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In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more

Nossaman LLP

Improper CEQA Determination Does Not Trigger Regulatory Taking

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When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

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In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

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