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
As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more
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
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
If a referendum petition includes the full text of the subject land use measure, documents referenced in such measure need not be attached to the petition unless they are attached to the measure or expressly incorporated into...more
Part 4: New California Housing Laws - As part of Gov. Gavin Newsom’s pledge to create 3.5 million new housing units by 2025, he signed Senate Bill 330 on Oct. 9. The new law makes numerous changes to the Permit...more
Montgomery County, Maryland - Montgomery County has launched Thrive Montgomery 2050, an initiative to update the County’s General Plan for the first time since the 1960s. The County Planning Board seeks public input to...more
The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle...more
On December 18, 2018, the First Appellate District, in McCorkle v. St. Helena (A153238), affirmed the trial court’s denial of a Petition for Writ of Mandate challenging the City of St. Helena’s approval of a multi-dwelling...more
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
The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more
• 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
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
Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by...more
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
On February 10, 2016, the Los Angeles City Council adopted the “HI” Hybrid Industrial Live/Work Zone Ordinance, which creates a new zone classification in the City of Los Angeles, the Hybrid Industrial (HI) Zone, with...more