Category: Certified Regulatory Program

Subscribe to Certified Regulatory Program RSS Feed

Strawberry Fields Forever – Coastal Commission Failed to Complete Environmental Review Before Project’s Approval Under Certified Regulatory Program and Engaged in Post Hoc Analysis

In Friends v. Cal. Coastal Commission (Nov. 15, 2021, H048088, H04809) __ Cal.App.5th __ [2021 Cal.App. LEXIS 1038], the Sixth District Court of Appeal found that the California Coastal Commission (Coastal Commission) violated CEQA by approving a coastal development permit without making specific findings about project alternatives and mitigation measures pursuant to the Coastal Commission’s … Continue Reading

SB 50 “Equitable Communities Incentive” Would Exempt Affordable Housing Developments in “Job-Rich” and “Transit-Rich” Areas from Certain Zoning Standards

California State Senator Scott Wiener (D–San Francisco) has introduced Senate Bill 50, the More Housing Opportunity, Mobility, Equity, and Stability (“HOMES”) Act, which establishes the “equitable communities incentive.” This incentive would allow developers to bypass certain local zoning restrictions when building multi-family units that are near transit or employment opportunities in exchange for allocating a … Continue Reading

CARB Regulatory Advisory “Project Approval” Triggers CEQA Review Despite Agency Certified Regulatory Program, Public Testimony Must Be Adequately Addressed to Meet Cal APA Standards

In John R. Lawson Rock & Oil, Inc. v. State Air Resource Board (2018) 20 Cal. App. 5th 77, the Fifth District Court of Appeal found the California Air Resources Board’s (CARB) issuance of a regulatory advisory was “project approval” triggering CEQA review. Doing so prior to completion of environmental review violated CEQA timing requirements. … Continue Reading

First District Court of Appeal Considers Certified Regulatory Programs’ Potential Mitigation Measure Disclosure Standards

In Living Rivers Council v. State Water Resources Control Board (2017) 15 Cal.App.5th 991, the First District Court of Appeal upheld the State Water Resources Control Board’s (“Board”) approval of a policy to maintain instream flows of Northern California coastal streams (“Policy”) for the purposes of water rights administration under Water Code section 1259.4. While … Continue Reading

Court Upholds Agency Discretion to Issue a Timber Plan in Accordance with Statutory Requirements

In Center for Biological Diversity v. California Department of Forestry & Fire Protection, 2014 Cal. App. LEXIS 1181, the First District Court of Appeal affirmed the trial court’s decision to deny a petition for a writ of mandamus challenging the Department of Forestry and Fire Protection’s (Cal Fire) approval of a Nonindustrial Timber Management Plan … Continue Reading

California Coastal Commission Certification of Local Coastal Plan Amendment Not in Violation of CEQA

In an unpublished decision, Protect Our Village v. California Coastal Commission (February 7, 2013) 2013 Cal.App.Unpub.LEXIS 1018, the Second District Court of Appeal affirmed the trial court’s denial of a writ of mandate to vacate California Coastal Commission (Commission) certification of an amendment to a local coastal plan (LCP). In 2008, the City of Santa … Continue Reading

Petitioners’ Challenge to Air District’s Rules Regarding New Flammable Paints goes up in Flames

Court holds that where an environmental assessment determines there are no significant impacts, the EA functions as a mitigated negative declaration and thus no mitigation or alternatives analysis is required. In W.M. Barr & Company, INC. v. South Coast Air Quality Management District, (2012) 2012 Cal.App.Lexis 759, the California Court of Appeal, Second District, addressed … Continue Reading

Ross v. California Coastal Com. (2011) 199 Cal. App. 4th 900

The Malibu Bay Company (MBC) proposed amendments to the City of Malibu’s local coastal program to facilitate development of beach front property it owned. Specifically, MBC requested a reduction of the minimum lot size. The City Council approved the amendments in a mitigated negative declaration. After the city approved the amendment, the Coastal Commission did … Continue Reading