News & Analysis as of

General Plan Land Developers

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

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The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Perkins Coie

City’s General Plan Policies Allowing Exemptions from Zoning Requirements Did Not Violate Fourteenth Amendment or Result in Spot...

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The City of Sacramento did not violate constitutional law or implied-in-law zoning contract when it approved a project with characteristics that deviated from the City’s zoning ordinance. Sacramentans for Fair Planning v....more

Perkins Coie

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

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A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City...more

Perkins Coie

Court Upholds the City of Los Angeles’s General Plan Amendment for Mixed Use Development Project

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The Second District Court of Appeal upheld the City of Los Angeles’s General Plan amendment, which changed the land use designation of a proposed project site for a mixed-use development against challenges the decision was...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

Miller Starr Regalia

Third District Holds Plumas County General Plan Update EIR Complies With CEQA And Update’s Compatible Use Determinations Do Not...

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In an opinion filed October 19, and later ordered published on November 15, 2018, the Third District Court of Appeal affirmed a judgment upholding Plumas County’s First comprehensive update of its 1984 general plan, and...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

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A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, March/April 2018

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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

Holland & Knight LLP

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

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• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Downey Brand LLP

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

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On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

Miller Starr Regalia

Court Rejects Labor Union’s Referendum Petition to Thwart City’s Sale of Land to Private Hotel Developer Whose Project Would Not...

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The use and abuse of the California Environmental Quality Act and the elections laws by special interests such as business competitors and labor unions is a pervasive and problematic feature of the California development...more

Pillsbury - Gravel2Gavel Construction & Real...

Office of Planning and Research Releases Updated General Plan Guidelines

On August 2, 2017, the California Governor’s Office of Planning and Research (“OPR”) released its first update to the General Plan Guidelines (the “Guidelines”) since 2003. The Guidelines provide guidance to cities and...more

Miller Starr Regalia

Court of Appeal Clarifies Meaning of “Full Text” Requirement for Ballot Initiatives

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On February 28, 2017, just six days after oral argument in Wilson v. County of Napa, __ Cal.App.5th __ (2016) (Case No. A149153), the Court of Appeal for the First Appellate District affirmed a trial court decision in favor...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

Miller Starr Regalia

Development Project May be Declared Consistent with General Plan Even if Quantitative Standards Exceeded

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There is no question in California land use law that development projects need not comply with every goal or policy in a community’s general plan. While a city’s or county’s land use decisions must be consistent with the...more

Perkins Coie

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a...

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A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more

Miller Starr Regalia

Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After...

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In an opinion filed June 8, and ordered published on July 6, 2015, the Fourth Appellate District Court of Appeal affirmed the trial court’s judgment denying a CEQA plaintiff’s motion for attorneys’ fees under CCP § 1021.5,...more

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