Court orders EIR for construction of a single family residence.
Continue Reading Applying CEQA’s Unusual Circumstances Exception to an Otherwise Exempt Activity Results in an EIR for a Single Family Residence
Ninth Circuit Applies Ripeness Requirement To RLUIPA Claims
In Guatay Christian Fellowship v. County of San Diego, ___ F.3d ___, 2011 U.S.App. LEXIS 25581 (9th Cir. 2011), 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. The court left open the possible argument that the financial cost of complying with a land use permit regulation was so unreasonable or unattainable for a religious institution that such cost could constitute a “substantial burden” on the institution in violation of RLUIPA.
Continue Reading Ninth Circuit Applies Ripeness Requirement To RLUIPA Claims
EIR Fails For Insufficient Response To One Comment Letter
Court invalidates EIR on the basis of the lead agency’s failure to respond to one comment.
Continue Reading EIR Fails For Insufficient Response To One Comment Letter
Join William Abbott, Cecily Talbert Barclay & Matthew Gray this Winter at UC Davis Extension Land Use and Natural Resources Program
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.
Continue Reading Join William Abbott, Cecily Talbert Barclay & Matthew Gray this Winter at UC Davis Extension Land Use and Natural Resources Program
CEQA Thresholds Require CEQA Review
Alameda Superior Court rules the Bay Area Air Quality Management District CEQA thresholds are a project under CEQA.
Continue Reading CEQA Thresholds Require CEQA Review
Compensable Taking Found Where City’s Spot Zoning Created “A One-House-Per-20-Acre Island In A Two-To-Six-House-Per-Acre Sea”
City engages in impermissible spot zoning and a compensable taking where it creates a “one-house-per-20-acre island in a two-to-six-house-per-acre sea.”
Continue Reading Compensable Taking Found Where City’s Spot Zoning Created “A One-House-Per-20-Acre Island In A Two-To-Six-House-Per-Acre Sea”
The Lead Agency Correctly Utilized Existing Conditions As The Baseline For Environmental Assessment When Acting Upon A Lease Extension Request
Existing activities are appropriately considered part of the CEQA baseline.
Continue Reading The Lead Agency Correctly Utilized Existing Conditions As The Baseline For Environmental Assessment When Acting Upon A Lease Extension Request
Lack of Appropriation of Funds by the Legislature for Mitigation of Offsite Traffic Impacts Did Not Discharge the State University from Considering Other Feasible Strategies for Mitigation
Sunnyvale West Baseline Issue Revisited? Not Exactly.
In Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552, the Court of Appeal, Sixth Appellate District, upheld the city’s certification of an EIR and approval of an expansion of the Palo Alto Medical Foundation’s medical campus finding that the city properly deemed the project consistent with its general plan; used the correct baseline for the traffic analysis in the EIR; used the correct baseline for the traffic noise analysis in the EIR; and contained a sufficient discussion of traffic noise impacts in the EIR.
Continue Reading Sunnyvale West Baseline Issue Revisited? Not Exactly.
2011 CEQA ANNUAL UPDATE
All in all, 2011 reflected a significant year in terms of the sheer number of published appellate decisions. While many decisions followed the parameters of past precedent, a handful of cases may be read as slightly pushing the law in a manner which adds additional steps, time and cost to successful completion of CEQA review.
Continue Reading 2011 CEQA ANNUAL UPDATE