In G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814, the Second District Court of Appeal held that the Brown Act (Government Code, § 54950 et seq.) required the City of Thousand Oaks (City) to list consideration of...
This week Governor Newsom signed a series of bills intended to accelerate housing development in California. Two bills – AB 2011 and SB 6 – seek to facilitate residential redevelopment of commercially zoned areas, though they contain stringent requirements that...
In Citizens’ Comm. To Complete v. City of Newark (Dec. 29, 2021, A162045) ___Cal.App.5th___ [2021 Cal. App. LEXIS 1120], the First District Court of Appeal upheld the trial court’s ruling that the City of Newark’s (City) approval of a 469-unit...
In Mission Peak Conservancy v. State Water Resources Control Bd. (2021) 72 Cal.App.5th 873, the First District Court of Appeal held that the State Water Resources Control Board’s (SWRCB) streamlined permitting process for small, domestic water appropriations was ministerial, reiterating that...
In Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, the Fourth District Court of Appeal affirmed the trial court’s determination that the Class 32 infill categorical exemption was properly applied to a project which would redevelop a...
In Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018, the Fifth District considered a challenge to a decision by Inyo County (County) to acquire landfill sites owned by the Los Angeles Department of Water...
In Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal.App.5th 277 the First District Court of Appeal decided the first published case addressing Senate Bill 35 (SB 35). The 2017 law allows qualifying projects with an affordable housing component...
In Citizens for a Responsible Caltrans Decision v. Department of Transportation (March 24, 2020) 2020 Cal. App. LEXIS 243, the Fourth District Court of Appeal found that the California Department of Transportation (Caltrans) improperly relied on a CEQA exemption in...
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...
Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880, 885 The City of Berkeley approved development of three single-family homes on adjacent parcels. The landowner submitted applications for use permits, including two geotechnical and geological hazard reports. These...
Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal. 5th 1171 In 2014, the City of San Diego adopted an ordinance amending its zoning code to allow for medical marijuana dispensaries. The ordinance capped the number...
In Bottini v. City of San Diego (2018) 27 Cal.App.5th 281, the Fourth District Court of Appeal held that the City of San Diego (City) violated CEQA where it refused to rely on a categorical exemption and instead required that an...