News & Analysis as of

Infill Development Environmental Impact Report (EIR)

Miller Starr Regalia

Is Robust and Disruptive CEQA Reform Possible?  Senator Scott Wiener Wants to Find Out – His Proposed SB 607 Would Exempt...

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On February 20, 2025, Senator Scott Wiener introduced Senate Bill No. 607 (SB 607), a proposed law that is relatively short in text length, but which would engender major CEQA reforms if enacted as currently drafted.  The...more

Downey Brand LLP

Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual...

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In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more

Allen Matkins

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

Allen Matkins on

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

Downey Brand LLP

West Covina Mitigated Negative Declaration Upheld, and Parking Impacts For Infill Projects Deemed Exempt by the Second Appellate...

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On March 22, 2018, the Second Appellate District certified for publication its opinion in Covina Residents for Responsible Development v. City of Covina, et al. (2018) 230 Cal.Rptr.3d 550, concerning a Mitigated Negative...more

Miller Starr Regalia

Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are...

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SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act...more

Allen Matkins

Size Limit on Retail Tenants Not Likely to Cause Urban Decay

Allen Matkins on

A general plan policy that limited the size of retail tenants in certain areas of a city was not likely to cause urban decay and was not inconsistent with other general plan policies encouraging infill development, the court...more

Miller Starr Regalia

CEQA Litigation Abuses Documented By New Empirical Study Of Recent Case Filings

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A 138-page report, including 371 footnotes and a 30-page appendix listing all properly documented CEQA lawsuits filed in California over its 3-year study period (2010-2012), has been posted by its authors, Holland & Knight...more

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