News & Analysis as of

Environmental Impact Report (EIR) Conditional Use Permit

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

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The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Perkins Coie

Court Upholds Infill Development Categorical Exemption for Gas Station in Existing Shopping Center

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In Protect Tustin Ranch v. City of Tustin, 70 Cal. App. 5th 951 (2021), the court of appeal upheld a city’s reliance on the infill development categorical exemption under CEQA for a new gas station in an existing shopping...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Methanol Manufacturing/Export Facility - Kalama, Washington: Washington Department of Ecology Letter Requesting...

The Washington Department of Ecology (“WDE”) sent an October 9th letter to Cowlitz County, Washington addressing a Shoreline Conditional Use Permit (“CUP”) application to construct and operate a facility (“Facility”) to...more

Miller Starr Regalia

Supreme Court CEQA Roundup – March 2019

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Spring now being practically “in the air,” a bit of CEQA “spring cleaning” seems appropriate – so here’s a brief look at the status of some significant CEQA-related cases that are now pending before our Supreme Court, or in...more

Perkins Coie

Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts

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Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal....more

Perkins Coie

Categorical Exemptions For Telegraph Hill Residential Project Upheld

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In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the...more

Holland & Knight LLP

California Court of Appeal Rejects CEQA Challenge to Proposed Planned Parenthood Clinic

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• In Respect Life South San Francisco v. City of South San Francisco, California's First District Court of Appeal rejected petitioners' arguments that protests to a Planned Parenthood Clinic would cause significant...more

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First District Upholds CEQA Categorical Exemption for Approval of Planned Parenthood Clinic in City of South San Francisco,...

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When a lead agency finds a project approval to be categorically exempt from CEQA, this determination at the initial step of CEQA’s multi-tiered process necessarily includes an implied finding that no exceptions to the...more

Alston & Bird

Land Use Matters, Alston & Bird LLP, November/December 2016

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Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #2

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Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

Miller Starr Regalia

Court Rejects General Plan Consistency Challenge Regarding City’s Approval of Franchise Retail Store Where Applicable Economic...

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Numerous California communities regulate broad economic development objectives through general plan goals and policies intended to encourage and support small businesses or to ensure the compatibility of new commercial...more

Miller Starr Regalia

Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In...

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In an opinion filed June 15, and ordered partially published on July 13, 2016, the Fourth District Court of Appeal reversed the trial court’s judgment requiring the County of San Bernardino to prepare an EIR instead of a...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, November 2015

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City of Los Angeles - City Council - PLUM Approves Clean Up Green Up Ordinance - On November 24, 2015, the Planning and Land Use Management Committee (PLUM) considered the draft Clean Up Green Up (CUGU)...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

Miller Starr Regalia

Fifth District Rejects CEQA Challenge to Fresno County Aggregate Mine Project EIR In Partially Published Decision, Clarifies State...

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In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use...more

Miller Starr Regalia

Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s...

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The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. Save Cuyama Valley v. County of...more

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