News & Analysis as of

Mitigated Negative Declaration Zoning Laws

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

Farrell Fritz, P.C. on

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Snell & Wilmer

California Appellate Court Confirms That Lay Public Opinion Regarding Potentially Significant Aesthetic Impacts May Be Enough To...

Snell & Wilmer on

In an opinion published December 17, 2018, the California Third District Court of Appeal held that lay public opinion commentary regarding a Project’s design and size in a historic district rose to the level of substantial...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

Possibility that Zoning Standards Might Be Violated in Final Design Did Not Mandate EIR at Tentative Map Stage

Perkins Coie on

A project opponent’s argument that the project might violate zoning laws in the future is not sufficient to require a city to prepare an EIR under CEQA. Friends of Riverside’s Hills v. City of Riverside, 26 Cal.App.5th 1137...more

Best Best & Krieger LLP

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Manatt, Phelps & Phillips, LLP

Subsequent Mitigated Negative Declaration Reviewed Under Substantial Evidence Test

Coastal Hills Rural Preservation v. County of Sonoma et al. (2016) 2 Cal.App.5th 1234 - Why It Matters: The California Court of Appeal applied the substantial evidence standard of review and not the fair argument...more

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