News & Analysis as of

Conditional Use Permit Environmental Impact Report (EIR) California Environmental Quality Act

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

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In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

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

Allen Matkins

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

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

Allen Matkins

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

Perkins Coie on

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

Miller Starr Regalia

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

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

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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