Recent Articles in Legal Digest

Short-Term Vacation Rental Regulation Subject To Coastal Act

by William Fulton on May 16, 2021
Coastal Act, Santa Barbara, Vacation Rentals

In a case from Santa Barbara, an appellate court ruled that such regulations are a "development" that must be dealt with in the Local Coastal Plan or through a Coastal Development Permit. >>read more

El Dorado Ballot Measure Conflicts With General Plan

by William Fulton on May 10, 2021
Ballot Measures, El Dorado County, Exactions, General Plan, Traffic Mitigation

Court also concludes the requirement calling for all roads to be built before any private development is constructed runs afoul of the Nollan/Dolan doctrine. >>read more

Napa Quarry Wins Appellate Court Approval After 13 Years

by William Fulton on May 2, 2021
CEQA, Napa County

Methodological differences are not CEQA issues, court rules. >>read more

SB 35 Upheld By Appellate Court

by William Fulton on Apr 25, 2021
Berkeley, Historic Preservation, Housing, Native Americans, SB 35

First District says SB 35 doesn't interfere with local powers and trumps Berkeley's historic preservation law regarding the West Berkeley Shellmound. >>read more

Landowner Wins Takings Victory In Santa Barbara

by William Fulton on Mar 21, 2021
Santa Barbara, Takings

Flat denial of blufftop house meant the "futility exception" was in play. Cost to the city: $3.4 million and counting. >>read more

A 35-Year Battle In Pismo Beach

by William Fulton on Mar 7, 2021
Housing, LAFCO, Pismo Beach, Water

In the latest skirmish over Los Padres Del Mar -- 10 years after the city approved the project for the second time -- an appellate court has ruled that Pismo and the developer do not have to pay LAFCO's attorneys fees. >>read more

San Jose Violated CEQA Notification Rule, But ...

by William Fulton on Feb 14, 2021
CEQA, Microsoft, San Jose

... There's no remedy in the law when a lead agency fails to notify an interested party, even though it's against the law. >>read more

Who Decides Whether California Misjudged the Bay Area's Housing Needs? (And Why It Matters)

by Christopher S. Elmendorf on Feb 7, 2021
Housing, RHNA, SB 35, SB 828, YIMBY

A YIMBY lawsuit seeks to increase the Bay Area's housing allocation, but a court's schedule may not match up with the strict timeline set by the Dept. of Housing and Community Development. >>read more

Redwood City Can Transfer Redevelopment Housing Funds

by Wiliam Fulton on Jan 4, 2021
Housing, Redevelopment, Redwood City

Appellate court overturns decision favoring Department of Finance. >>read more

Laguna Beach Homeowner Must Tear Down Seawall

by William Fulton on Dec 21, 2020
Coastal Commission, Laguna Beach

The property owners undertook a major renovation -- apparently beyond what the Coastal Development Permit allowed -- with city permits but without out telling the Coastal Commission. >>read more