News & Analysis as of

Real Estate Development California Environmental Quality Act

Allen Matkins

Sustainable Development and Land Use Update - 8.29.24

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Governor Gavin Newsom on Tuesday signed two new bills that aim to boost housing supply and further address the state’s homelessness crisis....more

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

Miller Starr Regalia on

The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Allen Matkins

Sustainable Development and Land Use Update 8.12.24

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On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s determination that a 12-unit residential condominium building qualified for the Class...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Perkins Coie

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

Perkins Coie on

Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use...more

Coblentz Patch Duffy & Bass

California Supreme Court Upholds UC Berkeley’s Long Range Development Plan and People’s Park Housing Project Approvals

The California Supreme Court recently upheld the Environmental Impact Report (“EIR”) for the Long Range Development Plan (“LRDP”) for the University of California Berkeley (“UC Berkeley”) and a controversial housing project...more

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

Miller Starr Regalia on

“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

Allen Matkins

Sustainable Development and Land Use Update 5.28.24

Allen Matkins on

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend...more

Allen Matkins

Recently Effective & Pending State Housing Laws - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the legislation...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Holland & Knight LLP on

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Allen Matkins

Sustainable Development and Land Use Update 3.28.24

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Alston & Bird

Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in...more

Allen Matkins

Pending AB 2011 Amendments Hold Promise For Housing Developers

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Allen Matkins

Developer Prevails in Builder's Remedy Lawsuit

Allen Matkins on

The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot...more

Allen Matkins

Proposed CEQA and Tax Exemptions for Projects in Downtown San Francisco

Allen Matkins on

Senate Bill (SB) 1227, introduced by Senator Scott Wiener on February 15, 2024, would help speed the recovery of downtown San Francisco by creating a new CEQA exemption for qualifying commercial, institutional, student...more

Coblentz Patch Duffy & Bass

Senator Wiener Proposes Targeted CEQA Exemption for Downtown S.F. Projects

Recognizing that Downtown San Francisco is “struggling” post-pandemic, State Senator Scott Wiener has announced new legislation to exempt certain projects in the area from California Environmental Quality Act (CEQA) review...more

Brownstein Hyatt Farber Schreck

2023 CEQA Legislative Recap: Insignificant Effects, Housing Exemptions, and Streamlining

Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

Miller Starr Regalia on

In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Farella Braun + Martel LLP

[Event] CEQA Decoded: Practical Insights for Bay Area Professionals - February 22nd, San Francisco, CA

The CEQA process can be daunting, but being appropriately informed by a knowledgeable guide will create opportunity and cost savings throughout the life of a project. Participate in this dynamic discussion and gain insights...more

Sheppard Mullin Richter & Hampton LLP

2023 Year-in-Review CEQA Litigation

Despite repeated attempts at reform by the Legislature, the California Environmental Quality Act (CEQA) continues to be a minefield for those assigned with the herculean task of complying with the law’s myriad of directives....more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

Downey Brand LLP on

2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Sheppard Mullin Richter & Hampton LLP

Conditional Approval is Project Approval: Appellate Court Confirms CEQA Statute of Limitations Triggered by Tentative Map Approval...

Following California Supreme Court and its own case law precedent, the Second District, Division Five, has ruled in Guerrero et al. v. City of Los Angeles (Jan. 17, 2024) (Guerrero), certified for publication, that a CEQA...more

Downey Brand LLP

Filing Multiple NODs does not Restart Statute of Limitations

Downey Brand LLP on

In Guerrero et al v. City of  Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___,  the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more

Sheppard Mullin Richter & Hampton LLP

CEQA 2023 Legislative Update

The 2023 legislative cycle saw another mixed-bag of legislation dealing with CEQA “reform,” with a particular focus on streamlining affordable housing development. While many bills died during the process, a few key laws were...more

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