February 2012

By Glen C. Hansen

In Guatay Christian Fellowship v. County of San Diego (December 23, 2011, 09-56541) ___ F.3d ___, the Ninth Circuit Court of Appeals held that a church’s claim that a land use permit regulation violated the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc (“RLUIPA”) was not ripe for judicial review because the church had not completed the requirements for the use permit, and therefore the courts could not determine the particular burden that the church would have to shoulder under the challenged regulation.

Continue Reading Ninth Circuit Applies Ripeness Requirement To RLUIPA Claims

By William W. Abbott

Flanders v. City of Carmel-By-The-Sea (January 4, 2012, H035818) ___Cal.App.4th ___

The most recent CEQA appellate decision brings to mind the well quoted line from Shakespeare: “my kingdom for a horse” to describe a trial court and appellate court ruling concluding that the lead agency’s failure to respond to one comment on a DEIR was a basis for invalidating the EIR certification. The Bard remains alive writing CEQA tragedies as apparently there is no shortage of material to choose from.

Continue Reading EIR Fails For Insufficient Response To One Comment Letter

Annual Land Use Law Review and Update
William Abbott, Cecily Talbert Barclay & Matthew Gray
113LUP141
March 2: Fri., 9 a.m.-4:30 p.m.
Sutter Square Galleria
Sacramento, CA

Stay up-to-date on recent developments in California law affecting land use, planning and environmental compliance. Experts from the field provide succinct and practical analysis on recent case law and significant legislative and administrative changes that took effect this year.

Topics include:

* General plans, specific plans and zoning
* The Subdivision Map Act
* CEQA
* Changes to redevelopment in California
* Affordable housing
* Regional land use planning and implementation of SB 375
* Takings, exactions and dedications
* New air quality guidelines
* Land use litigation
* Delta Stewardship Council’s Delta Plan
* Adapting to sea level rise

 

Participate in discussions and get answers to your questions. Take home the most recent edition of California Land Use and Planning Law, co-authored by Cecily Talbert, and a legal syllabus of cases discussed and prepared by the law firm of Perkins Coie, LLP.

For more information, visit us on line: http://extension.ucdavis.edu/unit/land_use_and_natural_resources/