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 In unpublished portions of the opinion not further discussed in this summary the Court also held that equitable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
In Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, the Fourth District Court of Appeal considered arguments that a residential development including affordable housing in San Diego (City) was inconsistent with a number of land use plan policies. The Court held that the Density Bonus Law (Gov. Code, § 65915
In the unpublished Elfin Forest Harmony Grove Town Council v. County of San Diego (Oct. 14, 2021, Nos. D077611, D078101) [2021 Cal. App. Unpub. LEXIS 6474], the Fourth District Court of Appeal found that the County of San Diego’s (County) approval of the Harmony Grove Village project’s (Project) environmental impact report (EIR) did not employ
In Cal. Renters Legal Advocacy & Educ. Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, the First District considered an appeal from the denial of a petition that alleged the City of San Mateo (City) improperly denied a housing development under the Housing Accountability Act (HAA). The Court agreed that the denial had violated the HAA, and further upheld the HAA as a constitutional exercise of legislative authority.
In Carmel Valley Ass’n v. County of Monterey (2021) 2021 Cal.App.Unpub. LEXIS 3286, the Sixth District Court of Appeal reversed a decision granting a petition of mandate against the County of Monterey’s (County) approval of an environmentally superior alternative to a proposed mixed-use residential subdivision project (Project). The decision was issued on May 19, 2021, so any request for publication under Cal. Rules of Court 8.1120 is due by June 8, 2021.