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Zoning Laws General Plan

Holland & Knight LLP

Many California Local Governments Face Tight Rezoning Deadlines

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California housing law requires every city and county in the state to update the Housing Element of that jurisdiction's General Plan every eight years. Among other things, each updated Housing Element must plan for the...more

Venable LLP

DC Zoning Commission Dismisses Proposed Text Amendment to Add Inclusionary Zoning to Downtown Zones

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As DC continues to explore ways to incentivize office-to-residential conversions and revitalize downtown, the Zoning Commission recently dismissed a pending text amendment that would have removed the exemption for...more

Holland & Knight LLP

"Builder's Remedy": Bay Area Will Soon Face a Powerful Housing Tool

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As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing...more

Holland & Knight LLP

Los Angeles Superior Court Decision May Disrupt Local Governments' Land Use Practices

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YIMBY et al. v. City of Los Angeles et al. concerned a proposed 67-unit housing development in the Woodland Hills area of the San Fernando Valley. While the City of Los Angeles's (the City) general plan designated this area...more

Venable LLP

Latest Updates on D.C. Planning Studies

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As part of its efforts to implement changes outlined in the 2021 Comprehensive Plan Update, the District of Columbia Office of Planning (OP) has undertaken multiple initiatives. These are at various stages in the planning...more

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

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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

Perkins Coie

City’s General Plan Policies Allowing Exemptions from Zoning Requirements Did Not Violate Fourteenth Amendment or Result in Spot...

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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

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

Best Best & Krieger LLP

New Housing & Land Use, Local Government and Public Contracting Laws

Part 2: California Laws Impacting Public Agencies for 2020 - How do the laws passed last year by California lawmakers impact how public agencies do business in the new year? In this annual Legal Alert series, Best Best &...more

Perkins Coie

Documents Merely Referenced in a General Plan Resolution Need Not be Included in a Referendum Petition

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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

Ballard Spahr LLP

Local Land Use On Location

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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

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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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

Determinations Regarding Compatibility of Residential Uses with Timberland Production are Ministerial and Hence Exempt from CEQA...

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The Third District Court of Appeal rejected a CEQA challenge to a county’s general plan update, holding that a county’s California Timberland Productivity Act finding that a residence or structure is necessary for timberland...more

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

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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

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

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• 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

Miller Starr Regalia

California Supreme Court Confirms That Referendum Petition Can Challenge Zoning Intended to be Made Consistent with General Plan

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On August 23, 2018, the California Supreme Court held, in City of Morgan Hill v. Bushey, __ Cal.4th __ (2018) (Case No. S243042), that a referendum petition to challenge a zoning ordinance amendment that would bring the...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

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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

Miller Starr Regalia

In Protracted Dispute Over Modest Residential Development, Court Orders Lafayette to Place Referendum Petition on Ballot

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On February 21, 2018, in Save Lafayette v. City of Lafayette, __ Cal.5th __ (2018) (Case No. A149342), the First District Court of Appeal overturned the City of Lafayette’s decision to not place a referendum petition on the...more

Miller Starr Regalia

Huntington Beach Specific Plan Exempt From General Plan Consistency Requirement

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American humorist Will Rogers once quipped, “The minute you read something that you can’t understand, you can almost be sure it was drawn up by a lawyer.” There are, of course, many other similarly amusing criticisms of...more

Perkins Coie

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

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The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor...more

Williams Mullen

Richmond’s Master Plan Update: A Rare Opportunity for the Real Estate Development Industry

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On July 18, 2017, the City of Richmond formally initiated an update to the City-wide Master Plan, which it named “Richmond 300: A Guide for Growth”. Intended as a roadmap for the City’s development over the next 25 years, the...more

Miller Starr Regalia

What’s Ironic?

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We’ve come a long way since 1911, when the initiative and referendum processes were enshrined in the state constitution to address corruption in state government caused by special interests. For some reason that reality...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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