Category: California State Courts

California Supreme Court Finds Fresno County EIR Deficient

January 24, 2019

A recent California Supreme Court decision reminds project proponents and lead agencies of the need for substantive analysis in an Environmental Impact Report (EIR). On Christmas Eve 2018, the California Supreme Court published its opinion in Sierra Club et al. v. County of Fresno et al. (Dec. 24, 2018) __Cal.5th__ (Case No. S219783). The Sierra … More California Supreme Court Finds Fresno County EIR Deficient

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

January 16, 2019

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

December 20, 2018

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

December 20, 2018

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Latham & Watkins LLP : lexology – excerpt CEQA Case Report: Understanding the Judicial Landscape for Development In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427, the California Court of Appeal rejected the Center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

November 28, 2018

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

November 26, 2018

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

November 26, 2018

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

September 10, 2018

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

Letter from Senator Glazer to David Chiu opposing AB 2923

August 18, 2018

If you don’t like the news you know what to do. In some cases a lot of public opposition is voiced to stop a bill from going through. It is always good when some of our elected officials are on our side and not too shy to write strong opinions expressing their opposition. In the … More Letter from Senator Glazer to David Chiu opposing AB 2923

Will State Climate Policy Usurp Local Land Use Control?

July 26, 2018

By Manatt Phelps & Phillips LLP : lexology – excerpt Whether in CEQA or Efforts to Halt Climate Change, Will the State Wrest Control of Land Use Decisions Away From Locals?… As the Governor’s Office of Planning and Research (OPR) concludes yet another round of public comment on proposed amendments to the California Environmental Quality Act’s … More Will State Climate Policy Usurp Local Land Use Control?