News & Analysis as of

Municipalities California Environmental Quality Act

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Miller Starr Regalia

Fourth District Rejects CEQA And Municipal Code Challenges To City Of Santa Cruz’s Project Approvals And EIR For Small Multifamily...

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In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz.  Ocean...more

Perkins Coie

All Projects—Including Non-Occupancy Structures—Require Climate Action Plan Consistency Analysis to Benefit from Streamlined GHG...

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The City of San Diego’s approval of underground utility lines was incomplete because its Climate Action Plan checklist improperly allowed certain non-occupancy projects to avoid greenhouse gas emission (GHG) consistency...more

Best Best & Krieger LLP

Planning, Zoning and Development Legal Update

A Q&A With BB&K Of Counsel Todd Leishman and Partner Alisha Winterswyk - The last couple of years have been transformative for housing and development in California. Among the new laws passed in the last two years are a...more

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Perkins Coie

90-Day Statute of Limitations Applies to Final Planning and Zoning Decisions by Non-Legislative Bodies and Public Officials

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Planning and zoning decisions by a non-legislative body or public official authorized under a municipal code are subject to the 90-day statute of limitations of Government Code section 65009(c)(1), the court of appeal ruled...more

Perkins Coie

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

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The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact...more

Latham & Watkins LLP

California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court...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

Perkins Coie

City Approval of Agreement for Tree Removal Triggered 90-Day Statute of Limitations Under Planning and Zoning Law

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Broadly construing Government Code § 65009, which establishes a 90-day limitations period for claims under the Planning and Zoning Law, an appellate court held that approval of an agreement allowing removal of trees...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

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On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

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• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Latham & Watkins LLP

California Appeals Court: Petitioner Must Show Prejudice for Brown Act Violation

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California...more

Best Best & Krieger LLP

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

Carlton Fields

Contemplating Cross-Appeals – When “Winners” Need to Appeal

Carlton Fields on

One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, January 2016

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On January 4, 2016, Mayor Eric Garcetti announced the nomination of Vince Bertoni as the new General Manager of the Department of City Planning (DCP). Bertoni has served five years as the City of Pasadena’s Planning and...more

Perkins Coie

Supplement — Curtin’s California Land Use

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This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the...more

Stoel Rives LLP

CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements

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In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water...more

Miller Starr Regalia

CEQA Action Seeking to Avoid LAFCO Annexation and SOI Change Approvals is Dismissed for Failure to Comply with Procedural...

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The lessons taught by the Fifth District Court of Appeal in its recently-published decision in Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (City of Ceres, RPI), ___ Cal.App.4th ___, 2014...more

Miller Starr Regalia

“Bag It!” – Third Published CEQA “Bag Ban” Decision Upholds San Francisco’s Ordinance as Categorically Exempt While Slamming...

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Plaintiff Save the Plastic Bag Coalition (Coalition) lost a third consecutive published appellate decision in its litigation campaign to require EIRs for virtually all local ordinances that ban or restrict the use of...more

Miller Starr Regalia

First District Rejects CEQA Challenge To City of Napa’s Reliance On Prior General Plan EIR For Housing Element Update Project

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The EIR has long been the judicially-proclaimed “heart of CEQA” because it represents the culmination of the statute’s environmentally-protective purposes and objectives. Yet the legal “expiration date” for the document...more

Best Best & Krieger LLP

Public Private Partnerships: From Economic Development to Local-Serving Infrastructure Procurement

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In This Presentation: Public Private Partnership Opportunities: - Public Assistance into Private Projects • Economic Development/Redevelopment • Land Use/Zoning • Real Estate Assets/Long Range Property...more

Miller Starr Regalia

CEQA Standing and Exhaustion Rules Applied In Action Challenging City of San Jose’s General Plan Update

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The Sixth District Court of Appeal, in a published decision filed September 30, 2013, reversed a grant of summary judgment in favor of defendant City of San Jose in an action challenging its “Envision San Jose” comprehensive...more

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