Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed By Right Under Zoning Where City’s Discretion Was Limited To Design Review

by Miller Starr Regalia : jusuupra – excerpt In an opinion filed December 18, 2018, and later ordered published on January 10, 2019, the First District Court of Appeal affirmed a judgment denying appellant citizen groups’ writ petition challenging the City of St. Helena’s approval of an 8-unit, multifamily housing project and related demolition and … More Delineating CEQA’s Scope: First District Holds CEQA Does Not Apply To Ministerial Approval Of Multifamily Housing Project Allowed By Right Under Zoning Where City’s Discretion Was Limited To Design Review

When CEQA Gets Ugly: Third District Holds Lay Public Opinion Supports Fair Argument That Project May Have Significant Aesthetic Effect Requiring EIR

by Miller Starr Regalia : jdsupra – excerpt In a published opinion filed December 17, 2018, the Third District Court of Appeal affirmed a judgment granting a writ setting aside El Dorado County’s approval of, and related Mitigated Negative Declaration (MND) for, construction of a Dollar General Store in the “quaint” downtown area of unincorporated … More When CEQA Gets Ugly: Third District Holds Lay Public Opinion Supports Fair Argument That Project May Have Significant Aesthetic Effect Requiring EIR

California Court of Appeal Upholds Ruling on Area Plan Modifications

By Latham & Watkins LLP : lexology – excerpt CEQA Case Report: Understanding the Judicial Landscape for Development In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427, the California Court of Appeal rejected the Center for Biological Diversity’s (Petitioner) appeal and affirmed the trial … More California Court of Appeal Upholds Ruling on Area Plan Modifications

Once more unto the breach: The fate of Prop. C is now wholly in the lawyers’ hands

By Joe Eskenazi : missionlocal – excerpt Mayor Breed’s gesture aiding Prop. C, the homeless measure she opposed means less than you think. But, also, more. The election is over. The winners have won, the losers have receded, and, as is the tradition, the losers’ backers will now make donations to the winners. This is … More Once more unto the breach: The fate of Prop. C is now wholly in the lawyers’ hands

A dying mall near Apple’s headquarters is turning into a fight over Silicon Valley’s soul

By Roland Li : sfchronicle – excerpt As Apple flourished in Cupertino, becoming the first American company worth $1 trillion, Vallco Shopping Mall rotted away in its shadow. The 1976 mall was home to the retail giants of the 20th century: Macy’s, Sears and J.C. Penney, which all closed their stores in the last three … More A dying mall near Apple’s headquarters is turning into a fight over Silicon Valley’s soul

A Judge Considers Stepping in After Encinitas Failed – Again – to Pass a Housing Plan

By Jesse Marx : voiceofsandiego – exerpt Much of coastal California is opposed to dense development. But opposition in Encinitas has reached unprecedented heights, testing the limits of local control while a statewide housing crisis unfolds. A San Diego County Superior judge sounded open Tuesday to suspending an Encinitas law giving locals final say over … More A Judge Considers Stepping in After Encinitas Failed – Again – to Pass a Housing Plan

New Decisions offer important Guidance on California Ballot Box Planning

By David L Preiss |Rachel Antoinette Boyce :  hklaw – excerpt Rulings Help Reconcile Local Land Use Decisions with Powers of Referendum and Initiative HIGHLIGHTS: 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 … More New Decisions offer important Guidance on California Ballot Box Planning