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Legal Briefs Oct 15, 2017

Legal Briefs for Oct 15, 2017

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Nothing Unusual About Telegraph Hill

Appellate case upholds CEQA exemption for condo project.

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Four Takeaways From This Year's Housing Bills

What does all that legislative activity add up to?

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SMART Train Opens Up New Development Opportunities

North Bay commuter rail line may help developers more than commuters.

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Google Goes Urban

Tech giant plans huge campus near Diridon Station in Downtown San Jose.

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Prop. 13's Vote Requirement May Yet Survive Upland Ruling Intact

A California Supreme Court decision seemed to upend a major provision of Proposition 13 and its companion laws. Exuberant as it is, that analysis is misguided.

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Supreme Court Hoists Jarvis On Its Own Petard

Who pitted local governments against voters in the first place?

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Prop. 218 Doesn't Apply to Initiatives

Cal Supremes distinguish between "local government" and "voters".

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Burbank Plan to Seize Upon Air, Rail, Road Connections

Air, rail, and highway access inspires Burbank to plan dynamic mixed-use district.

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Housing Element Law Prevails in Los Gatos

Los Gatos, Regional Housing Needs Allocation, Specific Plans
Court decision compels Los Gatos Town Council to walk back denial of project on city's last major undeveloped parcel.

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Land Purchase Agreement Doesn't Trigger CEQA, Court Rules

Among other things, a 10-slide powerpoint isn't an LRDP.

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CEQA Applies to Public Railroad Projects, Cal Supremes Rule

State railroads -- like the High-Speed Rail project -- are not pre-empted by federal railroad law.

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OPR Releases First Update to General Plan Guidelines in 17 Years

The document includes substantive changes, including brand-new discussions on environmental justice, infill development, and climate change.

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Freeway Caps May Reshape California Urban Areas

Impediments remain -- but experts say neither engineering nor financing are the problems in reclaiming urban land.

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Insight: What the SANDAG Case Teaches Us About CEQA

The environmental review law often runs along a completely separate track from planning and policy processes -- thus causing a lot of confusion.

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Supreme Court Backs SANDAG on SCS

Justiecs overturn lower court but can't say what adequate GHG analysis would be in the future.

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Coastal Permit Conditions Are Land-Use Restrictions, Not Exactions

In a blow to the Pacific Legal Foundation, the California Supreme Court rules that Encinitas landowners can't simultaneously sue and build.

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