In a highly-anticipated case revolving around development impact fees, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed conditions on building permits are not exempt from scrutiny. Although the decision can certainly be characterized as a victory for those facing sometimes exorbitant impact fees

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 Second District of the Court of Appeal on June 8 ordered publication of its May 12 opinion affirming the denial of a writ of mandate that challenged the City of Buenaventura’s removal and relocation of a statue of Junipero Serra. Petitioner, the Coalition for Historical Integrity, alleged that removing the statue required CEQA review because it was a historical resource. The Court of Appeal upheld the City’s finding that the statue was not a historical resource and exempt from CEQA under the “common sense” exemption.

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

Sacramentans for Fair Planning v. City of Sacramento (2019) 37 Cal.App.5th 698, 704.

The Yamanee project, a 10-story mixed-use condominium development in Midtown Sacramento, (Project) exceeded both the density and height limits of its parcel’s zone. A Sacramento General Plan provision allows the City Council to authorize projects at densities higher than the applicable zoning

South of Market Community Action Network v. City and County of San Francisco (2019) 33 Cal. App. 5th 321

In 2014, Forest City California Residential Development, Inc. proposed a mixed-use business and residential project known as “5M” in the area bounded by Mission, Fifth, Howard, and Sixth Streets in San Francisco. The 5M site included

In the last evening of the last legislative session of his governorship, California Governor Jerry Brown signed two bills directed at increasing housing availability in the State. He signed each September 30, 2018 with no instructive message.

Senate Bill 828, proposed by San Francisco Democratic Senator Scott Wiener, requires local governments to report more data

On Thursday, July 19, 2018 the U.S. Fish and Wildlife Service (USDFW) and the National Oceanic Atmospheric Administration (NOAA) released proposed revisions to the federal Endangered Species Act (ESA). These proposals amend procedures for species protection by changing requisite considerations and protections afforded “threatened” species, limiting the time scope for such considerations, and streamlining agency

In Crenshaw Subway Coalition v. Los Angeles County Metropolitan Transportation Authority, 2015 U.S. Dist. LEXIS 143642, the United States District Court for the Central District of California granted summary judgment on all but one claim in favor of the Los Angeles Metropolitan Transportation Authority (“Metro”) and the Federal Traffic Administration (“FTA”) against Crenshaw Subway