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 regulations. The Regents of the University of California v. Superior Court (Parnassus Neighborhood Coalition), No. A169318 (1st
Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR
An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ “upon certification of a revised EIR” to require an assessment of the adequacy of the revised EIR before the writ could be discharged. Save the Capitol, Save the Trees
Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific Plan Was Enacted
Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. Fix the City, Inc. v. City of Los Angeles 100 Cal. App. 5th 363 (2024).
Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land
After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project’s conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts. V Lions Farming, LLC v. County of Kern, Nos. F084763, F085102, F085220 (5th Dist., March 7
Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA Claim
The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the County’s decision not to exercise jurisdiction, as opposed to its mere inaction, could support a viable CEQA claim. Vichy Springs Resort,
Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence
The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared. On appeal, the Board of Supervisors reversed staff’s decision, finding an EIR was required due to environmental impacts peculiar to the
City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to Deference
The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). The court overturned the City’s interpretation of its own LCP, finding the ADU exempt from the coastal permit requirement. Riddick v. City of Malibu, No.
The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is Later Re-Adopted
A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration (MND). The fact that the map and its vested rights were conditioned upon a later rezoning did not
Housing Accountability Act Provision That Prohibits an Agency From Requiring a Rezoning When Zoning Is Inconsistent with the General Plan Inapplicable Where City Found Zoning Consistent.
A court rejected a developer’s attempt to take advantage of provisions in the Housing Accountability Act that prohibit a City from requiring a rezoning when zoning is inconsistent with the General Plan. It upheld Los Angeles’ determination that the existing zoning was consistent with the General Plan, even though the zoning was not expressly listed
Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots
The Housing Crisis Act of 2019, which enacted Government Code section 66300, generally precludes a city from reducing the intensity of land use on a parcel where housing is allowed below what was allowed on January 1, 2018. A court held that this provision prohibits reductions in the Floor Area Ratio (FAR) as well as