On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove the 30-foot Coastal Zone height limit in a community planning area required further environmental review. The Court concluded that the program EIR
In June we reported that California Governor Gavin Newsom’s infrastructure permitting and CEQA reform legislation package was mostly dead, with the Legislature finding it too complex for last-minute consideration. But there’s a big difference between mostly dead and all dead. Legislators and the Governor subsequently reached a tentative agreement to allow a pared-down version
A proposed bill before the California legislature would impose strict requirements for the construction of logistics facilities and warehouses throughout California. AB 1000, introduced by California Assembly Majority Leader Eloise Gomez Reyes would require planned industrial facilities to adopt statutory mitigation measures to be approved by local governments. The bill would apply to facilities
In E. Oakland Stadium Alliance v. City of Oakland (2023) 89 Cal.App.5th 1226, the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s stadium was largely satisfactory, but on a single point failed to adequately mitigate wind impacts.
The Oakland Waterfront Ballpark Project (Project) proposed a 50-acre development
In Arcadians for Environmental Preservation v. City of Arcadia (2023) 88 Cal.App.5th 418, the Second District Court of Appeal found no error in a trial court ruling that there had been a failure to exhaust administrative remedies where project opponents merely raised general environmental objections without identifying any reason why the agency could not
In a partially published opinion in Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it. The Court held that the applicant could
In County of Mono v. City of Los Angeles (2022) 81 Cal.App.5th 657, the First District Court of Appeal held that a reduction in water deliveries by the City of Los Angeles (City) to lessees in Mono County (County) was not a new CEQA project, but was within the scope of existing leases.
In
In YIMBY v. City of Los Angeles (Super. Ct. L.A. County, 2022, No. 21STCP03883), a Los Angeles County trial court decided a number of issues under California housing laws. Though the trial court decision carries neither precedential nor persuasive value, it may portend the direction in which courts will interpret these relatively new laws. In
In Reznitskiy v. County of Marin (2022) 79 Cal.App.5th 1016, the First District held that the Housing Accountability Act, Government Code Section 65589.5 (HAA), does not apply to a project consisting of one individual residential unit. In unpublished portions of the opinion not further discussed in this summary the Court also held that equitable
In Tiburon Open Space Committee v. County of Marin (2022) 78 Cal.App.5th 700, the First District Court of Appeal considered the adequacy of an EIR certified by Marin County (County) for a residential development. The Court rejected a number of arguments raised by opponents, most prominently the argument that the EIR erred in recognizing