The California Land Use & Development Law Report

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

We’ve posted articles to our California Land Use & Development Law Report on a development 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, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.

Conditions for Coastal Development Approvals Must Be Reasonably Tailored to Accomplish Their Intended Purpose
The Fourth District Court of Appeal held that that while most of the California Coastal Commission’s conditions for construction of a home on an oceanfront lot were reasonable, a requirement that the home be removed from the parcel “if any government agency orders it not to be occupied due to a natural hazard” was “overbroad, … Continue Reading

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures
An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Great Basin Unified Air Pollution Control District, 3d Dist. Court of Appeal Case No. C080342 (certified for publication 12/23/2019). The court of appeal emphasized that where an EIR identifies certain impacts … Continue Reading

Documents Merely Referenced in a General Plan Resolution Need Not be Included in a Referendum Petition
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 it by reference. Molloy v. Vu, No. D075593 (4th Dist., Oct. 31, 2019). The San Diego Board of … Continue Reading

Recent Articles:
School Mitigation Fees May Validly be Imposed on Adult-Only Seasonal Farmworker Housing
Unsubstantiated or Speculative Expert Opinion Is Not Substantial Evidence of a Significant Environmental Impact
No Subdivision of Williamson Act Land Unless Residential Development is Closely Associated With Agricultural Use
Plaintiffs Failed to Exhaust Administrative Remedies When Their Consultant Did Not Expressly Raise Takings Claim
Increase in San Francisco Office and Laboratory Use Development Fees to Pay for Affordable Housing