Montecito homeowners said Santa Barbara County couldn't enforce its encroachment law because the county had to go through a CEQA process. An appellate court said the homeowners who blocked parking spaces on their road were the lawbreakers, not the county.
In an unpublished ruling, appellate court uses "noisy Berkeley students" precedent to rule that human noise could be a significant impact under CEQA, thus killing infill exemption for project near USC.
Their project was denied even though they asserted the builder's remedy. The lawsuit sets up a legal battle over whether cities can get out from under the builder's remedy by self-certifying their housing element.
In a case that could have significant implications for the application of the builder's remedy, an L.A. County judge said that La Canada-Flintridge's self-certification of its 2022 housing element may not be enough to get out from under the builder's remedy requirement. He implied that HCD approval is also required.
In a case from South Lake Tahoe, an appellate court ruled that the city has the right to eliminate all short-term rental permits in residential zones -- but not to give favorable treatment to local residents.