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Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.

In the continued effort by cities to require all-electric infrastructure in new buildings, the City of Berkeley (“Berkeley”) adopted an ordinance that prohibited, with some exceptions, natural gas infrastructure in newly constructed buildings (“Ordinance”).  Congress adopted the Energy Policy and…

Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide…
Continue Reading Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide (Updated November 2023)

Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions…
Continue Reading Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions (Updated November 2023)

The First Appellant District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure  …
Continue Reading The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure  

NAVIGATING RECENT LEGISLATION ON SECOND UNITS, LOT SPLITS AND ACCESSORY DWELLING UNITS IN ADDRESSING CALIFORNIA’S HOUSING CRISIS…
Continue Reading NAVIGATING RECENT LEGISLATION ON SECOND UNITS, LOT SPLITS AND ACCESSORY DWELLING UNITS IN ADDRESSING CALIFORNIA’S HOUSING CRISIS

The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles…
Continue Reading The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles

https://www.courts.ca.gov/opinions/documents/D080907.PDF

In Committee to Relocate Marilyn v. City of Palm Springs (2023) 88 Cal.App.5th 607, the Fourth Appellate District addressed Palm Springs’ decision to interpret Vehicle Code section 21101 to allow the temporarily closure of City streets for short-term events including holiday parties, neighborhood street fairs, and block parties. The court also addressed the statute…

The Court of Appeal issues a significant published opinion in favor of a local government in a lawsuit that challenged legislatively imposed and under the development impact fees under the federal regulatory takings criteria in Nollan/Dolan, requirements of the state’s Mitigation Fee Act. …
Continue Reading California Court of Appeal Issues Wide-Ranging Takings Decision on The Constitutionality of Development Impact Fees

Lafayette v. City of Lafayette (2022) 2022 Cal.App.LEXIS 979

A citizens’ group (Save Lafayette) petitioned for a Writ of Mandate, claiming that the project conflicts with the City’s General Plan as it existed when the project was revived in 2018.  The trial court denied the petition and the appellate court ruled that despite the lengthy…