• 12.02.19

    California’s ‘Housing Crisis Act of 2019’

    SB 330, signed into law on October 9, 2019, and effective January 1, 2020, substantially limits the ability of municipalities to disapprove housing projects, condition housing projects to reduce density, or levy excessive standards on housing projects that raise costs and extend the permitting ...

  • 09.24.18

    CEQA Reform—Relief on Aesthetics? ‘I just don’t see it’

    Just as the Court of Appeal inked and agreed to publish what many fear is a new and potentially sweeping avenue to challenge and invalidate negative declarations under the guise of “aesthetic” impacts under the California Environmental Quality Act (CEQA).

  • 12.18.17

    Los Angeles Adopts Affordable Housing ‘Linkage Fee’

    The newly adopted Affordable Housing Linkage Fee will be assessed against all commercial and residential developers in order to help pay for affordable housing in the city.

  • 07.18.17

    EIR Need Not Analyze Consistency With GHG Executive Order

    The California Supreme Court upheld the San Diego Association of Governments’ (SANDAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and concluded that CEQA does not necessarily mandate that the environmental impact report (EIR) include an analysis of consistency ...

  • 07.14.17

    Referendum Rescinding Zoning That Resolved General Plan Inconsistency Upheld

    In California, zoning must be consistent with the general plan. When a general plan amendment creates an inconsistency with the existing zoning, Government Code Section 65860(c) gives a local agency “a reasonable time” to bring the zoning into conformance with the general plan.

  • 07.07.17

    Landowner Waives Right to Challenge Permit Conditions

    Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit? 

  • 06.29.17

    California Supreme Court Restricts Implied Dedication Rule

    Many large private landowners record notices under the provisions of the Civil Code in order to ensure that public use of their property does not morph into an implied dedication of their land to the public.

  • 06.28.17

    Murr Decision Makes Takings Law Murkier

    The Supreme Court missed an opportunity to bring some clarity to the law of regulatory takings and, instead, made the law more confusing and less protective of the rights of property owners.

  • 02.09.17

    Nationwide Permits Reauthorized; Already-Issued Permits to Expire March 2017

    Under Section 404 of the federal Clean Water Act (33 U.S.C. § 1344), a permit from the U.S. Army Corps of Engineers (Corps) is required for activities involving the discharge of dredged or fill material into waters of the United States.

  • 11.14.16

    Subsequent Mitigated Negative Declaration Reviewed Under Substantial Evidence Test

    The California Court of Appeal applied the substantial evidence standard of review and not the fair argument standard in affirming a County's decision to prepare a subsequent mitigated negative declaration (SMND) for a development project in Sonoma County (County).