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Legal Digest


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


Judge Upholds L.A.'s Transit-Oriented Communities Guidelines
Additional incentives on two Westside projects don't exceed Planning Department's power under Measure JJJ.

William Fulton
Aug 17, 2021
Legal Briefs: Cal Supremes Won't Take SB 35 Case
The high court's ruling appears to clear the way for construction of a 260-unit apartment building in the Spengler's parking lot in Berkeley.
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Aug 3, 2021


Another CEQA Loss For UC Berkeley
In ruling about new building, trial judge says UC can't "analyze an increase in student enrollment without admitting that increasing student enrollment is a project subject to review."

William Fulton
Jul 18, 2021
Lesser Streamlining Act Notice Is Sufficient
Court Upholds "Deemed Approved" Status for Mobile Home Expansions in San Juan Capistrano.

William Fulton
Jul 5, 2021
Supreme Court Makes Takings Cases Easier
In a case from San Francisco, high court punches another hole in the Williamson County doctrine.

William Fulton
Jun 29, 2021
Another CEQA-In-Reverse Case
Appellate court strikes down CEQA challenge on bridge project, saying the impact of wildfire safety issues on the project isn't a topic of analysis.

William Fulton
Jun 21, 2021
Judge Says SB 330 Applies To Referendums
Though not a precedent, the case shoots down voter rejection of housing project in Oceanside.

William Fulton
May 23, 2021
Short-Term Vacation Rental Regulation Subject To Coastal Act
In a case from Santa Barbara, an appellate court ruled that such regulations are a "development" that must be dealt with in the Local Coastal Plan or through a Coastal Development Permit.

William Fulton
May 17, 2021
El Dorado Ballot Measure Conflicts With General Plan
Court also concludes the requirement calling for all roads to be built before any private development is constructed runs afoul of the

William Fulton
May 11, 2021
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