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Legal Digest


Specific Plan CEQA Exemption Helps Push Newark Project Through
Enviros' argument that sea-level rise should be considered in EIR also rejected by appellate court.
William Fulton
Jan 31, 2022


Neighbors' Opposition to San Diego Project Runs Into Density Bonus Law
Recent changes in state law – the density bonus law, expanded CEQA exemptions, and objective standards – are changing the game in the neighborhood-by-neighborhood battle over density and development throughout California
William Fulton
Jan 30, 2022
Vagueness in Development Code Trips Up Housing Project
In Santa Cruz, nobody quite knows whether a planned development is supposed to follow slope regulations or is supposed to evade them.
William Fulton
Jan 18, 2022


Davis Project Highlights Problems With Subjective Standards
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.
William Fulton
Jan 18, 2022
Lake County's Reverse-Reverse-CEQA Case
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.
William Fulton
Jan 11, 2022
Legal Briefs, November 9, 2021
A CEQA case from Yolo County forces an EIR, while an unpublished case from San Benito County says a developer owes fees.
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Nov 9, 2021


Costco Gas Station Opponents Confront The Infill Exemption
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.
William Fulton
Nov 1, 2021
Huntington Beach Housing Decision Reversed
Judge shifts gears and rules against city in Housing Accountability Act case in light of San Mateo ruling.
William Fulton
Oct 9, 2021
Cities Can't Require Developers To Prove Financial Feasibility
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.
William Fulton
Oct 3, 2021


Appellate Court Upholds HAA's Objective Design Standards
Reversing lower court, First District rules San Mateo's "stepback" requirement was not specific enough and required discretion to apply.
William Fulton
Sep 14, 2021
San Diego Judge Says Housing Element Law Doesn't Pre-Empt Local Initiative
Latest decision in long-running Encinitas housing element battle is sure to be appealed.
William Fulton
Aug 30, 2021
Frustrated Appellate Court Says Parking Is Not An Environmental Impact
In ruling on San Gabriel Mountains case, justice says repeatedly: “It is not the project’s ‘impacts on parking’ that matter; it is the impact of the project’s reduced parking on the environment that matters.”
William Fulton
Aug 29, 2021
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