The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for UC Berkeley to resume construction on the controversial residential development at People’s Park and to implement its long-term campus plan.
In
In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal overturned the trial court and held that the City of Livermore (City) City Clerk was required to process a referendum challenging the decision by the City to enter into a development agreement (Project) with Eden Housing, Inc.
In Snowball West Investments L.P. v. City of Los Angeles (2023) 96 Cal.App.5th 1054, the Second District Court of Appeal addressed the “rezoning exemption” of the Housing Accountability Act (HAA), finding that a housing project was required to comply with a zoning density limit even though the applicable general plan allowed for higher residential
In Yes In My Back Yard v. City of Culver City (2023) 96 Cal.App.5th 1103, the Second District Court of Appeal (“Court”) held that the City of Culver City (“City”) violated Government Code section 66300 (“Section 66300”)—a part of the Housing Crisis Act of 2019, also known as SB 330 (“SB 330”)—when it adopted
The 2023 legislative session culminated in Governor Newsom signing dozens of land use bills. This post discusses the most important.
The Legislature continued its multifaceted approach to addressing the housing crisis, with the Governor signing 56 housing bills. The most important include expansions of SB 35 and the Housing Accountability Act.
Housing bills discussed
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that
The California Supreme Court, on May 17, 2023, granted review of the First District Court of Appeal’s decision in Make UC a Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, where the Court of Appeal invalidated the EIR for UC Berkeley’s Long Range Development Plan and a housing development at People’s Park. The appellate court found two issues with the EIR: (1) it did not sufficiently justify the decision not to consider alternative locations for the student housing project at People’s Park, and (2) it did not assess potential noise impacts from student parties. The decision invigorated calls for CEQA reform and attracted scrutiny for its recognition of “party noise” as an environmental impact.
In Pacific Palisades Residents Association, Inc. v. City of Los Angeles et al. (2023) 88 Cal.App.5th 1338, the Second District issued a strong opinion affirming the trial court’s ruling that a proposed eldercare facility in the Pacific Palisades neighborhood was consistent with the Los Angeles Zoning Code and exempt from CEQA review under the Class 32 exemption for infill development projects, and that substantial evidence supported the California Coastal Commission’s (CCC) decision that the Coastal Development Permit (CDP) appeal presented no substantial issue under the Coastal Act. Downey Brand attorneys Kathryn Oehlschlager and Hina Gupta represented the City of Los Angeles in this case.
In Save Livermore Downtown v. City of Livermore (2022) 87 Cal.App.5th 1116, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it approved a 130-unit affordable housing project (Project) in the downtown area. The Project was found to be exempt under CEQA
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