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Does adopting a Housing Element violate the California Environmental Quality Act?

Only days after one judge ordered the City of Fresno to approve a housing project it had denied, another judge has ordered the city to redo the environmental impact report on one of the largest-ever Costco projects. Among other things, the court ruling shows that zoning ordinances are having a difficult time dealing with the increasingly blurry line between large retail stores and warehouses.

In a followup to last year’s U.S. Supreme Court ruling, an appellate court in Sacramento has ruled that El Dorado County’s traffic impact fee system is constitutional and meets the so-called Nollan/Dolan standard. The case is almost certain to be appealed by the Pacific Legal Foundation, which is representing the El Dorado County property owner who brought the suit.

Will Averaging Be Good Enough For Exactions?

A Los Angeles judge has ruled that the Beverly Hills housing element is “deficient” in a variety of ways, including the city’s calculations of potential housing development based on its current density standards. The city has announced plans to appeal the ruling, but if ity loses on appeal that could open the door for several builder’s remedy projects that have been proposed by a single developer.

Both the City of Los Angeles and Los Angeles County have followed Gov. Gavin Newsom’s lead and suspended SB 9 in areas affected by wildfires. Meanwhile, YIMBY Law is considering filing a lawsuit challenging the suspension.

A water deal between Fairfield and Solano County – which will facilitate development outside Fairfield’s urban limit line – has been upheld by an appellate court in a published decision, meaning it can be used as precedent in other cases. Opponents framed the whole issue as a possible prelude to a similar deal for California Forever, though this seems unlikely, at least at this point.

SB 9 isn’t unconstitutional – at least as it is applied to general law cities, an appellate court has ruled.

How Will SB 79 Affect Local Planning in California?

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Huntington Beach’s status as a charter city doesn’t get it out from under state housing law, including the provision that the city must adopt a compliant housing element within 120 days of a court order to do so.

As part of a settlement agreement with the state, the City of Norwalk has repealed a moratorium on homeless shelters and similar facilities. The city must also establish a housing trust fund and file regularly reports with the Department of Housing and Community Development. The state promised to recertify Norwalk’s housing element, which was revoked after the city adopted the moratorium.