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California Environmental Quality Act Land Use Restrictions

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Allen Matkins

Sustainable Development and Land Use Update 3.28.24

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Farella Braun + Martel LLP

[Event] CEQA Decoded: Practical Insights for Bay Area Professionals - February 22nd, San Francisco, CA

The CEQA process can be daunting, but being appropriately informed by a knowledgeable guide will create opportunity and cost savings throughout the life of a project. Participate in this dynamic discussion and gain insights...more

Venable LLP

"Yes in God's Back Yard" Legislation Is the Next Tool to Battle the Housing Crisis

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On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

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Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Sheppard Mullin Richter & Hampton LLP

2022 CEQA Legislative Recap

In response to developers’ continued cry for meaningful reform, changes to or exemptions from the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA) are often included in numerous bills during any...more

Miller Starr Regalia

Statutory Overrides Of “Restrictive Covenants” And Other Private Land Use Controls: The Accelerating Trend Towards Legislative...

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The use of private covenants governing the use, improvement, and occupancy of real property has a long and sometimes checkered history in California, as it does throughout the nation. Beginning in the late 19th century, the...more

Allen Matkins

Sustainable Development and Land Use Update - July 2021 #4

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Pandemic-related suspension of CEQA noticing, posting, filing, and tribal consultation requirements and Brown Act meeting requirements set to expire September 30 - Allen Matkins – July 16 - On September 30, 2021,...more

Sheppard Mullin Richter & Hampton LLP

Senate Bill Extends and Expands CEQA Streamlining Process

Governor Gavin Newsom recently signed into law Senate Bill (SB) 7, the “Housing + Jobs Expansion & Extension Act”, which extends and expands California Environmental Quality Act (CEQA) streamlining provisions. As previously...more

Downey Brand LLP

Third District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional Exaction

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In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado) held that a citizen-sponsored ballot measure...more

Maynard Nexsen

Is the Answer to Emerging Housing Crisis an Environmental FastPass?

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The U.S. housing market is 3.8 million units short of demand as of the end of 2020, according to a recent estimate by mortgage company Freddie Mac. Some of the causes of the current housing crisis are obvious – the COVID-19...more

Sheppard Mullin Richter & Hampton LLP

Southern California Counties To Adopt Major Housing Production Targets

In March, the Southern California Association of Governments (“SCAG”) will adopt final Regional Housing Needs Assessment (“RHNA”) allocations for cities and counties within the SCAG region. This 6th RHNA cycle represents the...more

Miller Starr Regalia

California Supreme Court Rejects All-Or-Nothing Classification Of Permit Decisions, Holding That Whether CEQA Triggering...

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In an August 27,2020 opinion, the California Supreme Court provided important guidance to local agencies regarding the classification of permit decisions based on ordinances that include both ministerial and discretionary...more

Allen Matkins

Sustainable Development and Land Use Update - July 2020

Allen Matkins on

ACEEE highlights 10 building energy performance standards to help meet climate goals - Bullet Utility Dive – June 24 - The American Council for an Energy-Efficient Economy (ACEEE) released a white paper this Monday...more

Allen Matkins

Sustainable Development and Land Use Update - June 2020

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Judicial Council amends prior emergency rule to adjust land use litigation deadlines - Bullet Allen Matkins – May 29 - On May 29, 2020, the California Judicial Council amended its Emergency Rule 9 to provide fixed...more

Holland & Knight LLP

Aligning Affordable Housing and Brownfields Projects for Success

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Affordable housing and infill developers can benefit from recently enacted housing laws and Brownfields law and policies. These new laws along with national-caliber land use and environmental help can deliver affordable...more

Miller Starr Regalia

Fourth District Upholds CEQA Class 32 Infill Exemption For Small Residential Condo Project On Environmentally Sensitive Lands As...

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CEQA’s Class 32 categorical exemption for “infill development” applies to proposed developments within city limits on sites of five or fewer acres substantially surrounded by urban uses, where the site has no habitat value...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

Allen Matkins

California Court Rejects Zoning Uniformity Claims

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In Sacramentans for Fair Planning v. City of Sacramento, published on July 18, 2019, the California Court of Appeal rejected challenges to a project based on the principle of zoning uniformity, limiting its application to...more

Holland & Knight LLP

California Court Issues First Decision Addressing SCEA Environmental Review

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• Sacramentans for Fair Planning v. City of Sacramento is a case of first impression holding that cities and counties may continue to rely on the streamlined environmental review under the California Environmental Quality Act...more

Nossaman LLP

[Event] Nossaman's 2019 California Land Use Seminar - May 21st, Costa Mesa, CA

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With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more

Pillsbury - Gravel2Gavel Construction & Real...

Assessing SB 35—Success or Failure?

In September 2017, the California legislature and Gov. Jerry Brown enacted Senate Bill 35 (SB 35) to streamline housing development in cities that are not meeting their housing needs. SB 35 is aimed at easing California’s...more

Perkins Coie

Possibility that Zoning Standards Might Be Violated in Final Design Did Not Mandate EIR at Tentative Map Stage

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A project opponent’s argument that the project might violate zoning laws in the future is not sufficient to require a city to prepare an EIR under CEQA. Friends of Riverside’s Hills v. City of Riverside, 26 Cal.App.5th 1137...more

Sheppard Mullin Richter & Hampton LLP

California Housing Legislation (2017-2018)

State lawmakers passed over 1,200 bills this year, the most in more than a decade according to sources. Governor Brown signed 1,016 into law as of September 30th. Below is a summary of the bills signed into law regulating the...more

Best Best & Krieger LLP

Town vs. Gown - How Land Use and Environmental Laws Mediate Disputes Between Universities, Colleges and Communities

There are more than 150 four-year colleges and universities currently operating in the State of California. From the University of California’s nine campuses, to the California State University’s 23 campuses, and the more...more

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