In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of Newark fell within Government Code section 65457, a statutory exemption under CEQA for residential development projects

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 Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985, the Fourth District Court of Appeal upheld the trial court’s determination that the City of Santa Cruz (City) had complied with CEQA in approving a 32-unit residential project (Project) and overturned the trial court’s ruling that the City had violated

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 et

In Old E. Davis Neighborhood Assn v. City of Davis (Dec. 20, 2021, C090117) ___Cal.App.5th___ [2021 Cal. App. LEXIS 1114], the Third District Court of Appeal upheld the City of Davis’s (City) determination that a proposed mixed-use development project (Project) was consistent with the City’s General Plan (GP). The Court held that the City’s approval

In the unpublished Elfin Forest Harmony Grove Town Council v. County of San Diego (Oct. 14, 2021, Nos.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 adequate greenhouse gas (GHG) mitigation measures and was inconsistent with the affordable housing component of the General Plan. However, the Court upheld the EIR’s wildfire and air quality analyses, as well as the County’s determination that the Project was consistent with a Community Plan’s sewage treatment requirement.

In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado) held that a citizen-sponsored ballot measure requiring new development to fund all cumulative traffic mitigation prior to construction violated the Takings Clause of the Constitution

On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety of oil and gas activities within unincorporated portions of the County, including for oil and gas production wells and related infrastructure such as well pads

Every CEQA analysis begins with the threshold question of whether the activity is a “project” as defined by Public Resources Code section 21065 and 21080. In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court held that regardless of the nature of a project, CEQA applies if it

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