News & Analysis as of

Petition for Writ of Mandate State and Local Government

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

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The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Sheppard Mullin Richter & Hampton LLP

Appellate Court Holds Charter Cities Are Bound By State Housing Objectives, Signaling Erosion of Local Discretion

In Anderson v. City of San Jose (2019), the Sixth District Court of Appeal held that California’s charter cities must comply with the Surplus Land Act (Govt. Code § 54220 et seq.). This decision, essentially, ruled that the...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

Mitchell, Williams, Selig, Gates & Woodyard,...

California Wild and Scenic Rivers Act: Environmental Organizations Challenge Water District's Involvement with Dam Expansion and...

The Sierra Club and other organizations (collectively “Sierra club”) filed in California Superior Court a May 13th “Complaint for Declaratory and Injunctive Relief and Verified Petition for Writ of Mandate” (“Complaint”)...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

Perkins Coie

A Resolution to Dissolve a Fire District is Not Subject to Referendum

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The court of appeal held that a fire district’s resolution to dissolve the district was not a legislative act subject to voter referendum. Southcott v. Julian-Cuyamaca Fire Protection District, No. D074324 (4th Dist., Mar. 7,...more

Perkins Coie

Certified Regulatory Programs Must Comply with CEQA’s Policies and Substantive Standards

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A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and...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

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