Recent Articles in Legal Digest

Enviros Lose Battle Over "Infill" In Chico

by William Fulton on Feb 6, 2022
Chico, Climate Action Plans, Infill

In an published ruling, an appellate court says the city's general plan encourages -- but does not require -- infill development. >>read more

Specific Plan CEQA Exemption Helps Push Newark Project Through

by William Fulton on Jan 30, 2022
CEQA, Endangered Species, Housing, Newark, Sea Level Rise, Specific Plans, Wetlands

Enviros' argument that sea-level rise should be considered in EIR also rejected by appellate court. >>read more

Neighbors' Opposition to San Diego Project Runs Into Density Bonus Law

by William Fulton on Jan 29, 2022
Density Bonus Law, Housing, Housing Accountability Act, San Diego

The Bankers Hill group tried to shoot down a 20-story apartment building by, essentially, ignoring recent changes in state housing law. They failed. >>read more

Vagueness in Development Code Trips Up Housing Project

by William Fulton on Jan 17, 2022
Development Code, Housing, Santa Cruz, Slope

In Santa Cruz, nobody quite knows whether a planned development is supposed to follow slope regulations or is supposed to evade them. >>read more

Davis Project Highlights Problems With Subjective Standards

by William Fulton on Jan 17, 2022
Davis, Housing, Mixed Use, Objective Standards, Sustainable Communities Environmental Assessment

Despite concern about "transition" and "architectural fit," appellate court reverse judge's ruling that Trackside violates city policies. The court noted that there weren't really any objective standards to measure the project against. >>read more

Lake County's Reverse-Reverse-CEQA Case

by William Fulton on Jan 10, 2022
CEQA, Lake County, Wildfire

A judge found the EIR for a huge wine resort inadequate -- because it didn't analyze the impact of additional people on current residents' ability to evacuate during a wildfire. >>read more

Legal Briefs, November 9, 2021

by CP&DR Staff on Nov 8, 2021
CEQA, Development Agreements, Hollister, San Benito County, Yolo County

A CEQA case from Yolo County forces an EIR, while an unpublished case from San Benito County says a developer owes fees. >>read more

Costco Gas Station Opponents Confront The Infill Exemption

by William Fulton on Oct 31, 2021
CEQA, Costco, Infill, Tustin

Tustin residents are trying to kill a 16-pump Costco gas station by challenging the CEQA infill exemption the city used. So far they've gotten nowhere. >>read more

Huntington Beach Housing Decision Reversed

by William Fulton on Oct 9, 2021
Housing, Housing Accountability Act, Huntington Beach, San Mateo

Judge shifts gears and rules against city in Housing Accountability Act case in light of San Mateo ruling. >>read more

Cities Can't Require Developers To Prove Financial Feasibility

by William Fulton on Oct 2, 2021
Concessions, Density Bonus, Housing , Los Angeles

In case from Los Angeles, appellate court says burden of proof for feasibility in the case of density bonus concessions and waivers lies with the city, not with the developer. >>read more