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.
One-for-one mitigation may work for agricultural land or biological resources. But a court has found that it won't work for "The Sphinx" -- a unique and now-demolished brutalist building in downtown San Jose designed by the famous architect Cesar Pelli.
The city claimed that because the entire 8,800-square-foot property had been conveyed as one more than 75 years ago, the original 25-foot-wide parcels from 1851 were not legal. An appellate court disagreed.
City makes novel arguments like violation of First Amendment and Commerce Clause, but also argues that its charter city rights are violated and the relationship between the RHNA and CEQA puts it in an untenable position.