California Land Use & Development Law Report Round-Up

The California Land Use & Development Law Report
Legal Commentary on Planning and Development

Below is a summary of the articles posted to the California Land Use & Development Law Report since September on major developments that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use and permitting, and presents an easy way to keep current.

COURT REAFFIRMS CITY’S DISCRETION TO IDENTIFY LOCAL HISTORIC RESOURCES

In Citizens for Restoration of L Street v. City of Fresno, an appellate court affirmed that the substantial evidence test, not the fair argument test, governs an agency’s determination whether buildings or districts should be treated as historical resources under CEQA.

AB 52 AMENDS CEQA BY CREATING A NEW CATEGORY OF CULTURAL RESOURCES AND NEW REQUIREMENTS FOR CONSULTATION WITH NATIVE AMERICAN TRIBES

On September 25, Governor Brown signed Assembly Bill No. 52, which creates a new category of environmental resources that must be considered under the California Environmental Quality Act: “tribal cultural resources.”

ANNEXATION TO DISTRICT IS NOT AUTHORIZED FOR SOLE PURPOSE OF EXTENDING RIGHT TO VOTE IN DISTRICT ELECTIONS

“No taxation without representation” is a powerful rallying cry, but it’s not enough to justify an application for annexation of territory to a special district, according to recent court of appeal decision.

COMPLIANCE WITH FAA REGULATIONS PROVIDES ADEQUATE CEQA MITIGATION FOR AVIATION SAFETY IMPACTS

Reliance on compliance with FAA regulations as a mitigation measure to reduce impacts to air safety to less than significant levels is appropriate under CEQA, according to the Court of Appeal in Citizens Opposing A Dangerous Environment v. County of Kern, 228 Cal.App.4th 360 (5th Dist. July 25, 2014).

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