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- Court Rejects MND, Requires EIR To Be Prepared Over Aesthetic Issues
Reversing a lower court ruling, an appellate court has thrown out the City of Mount Shasta’s mitigated negative declaration for a charter school and ordered the city to do an environmental impact report. The ruling would seem to run counter to the current trend – at least in the legislature – to minimize the use of EIRs.
- Battle Over Parking Lots and Affordable Housing in Eureka Continues
Opponents of downtown affordable housing in Eureka may have lost a ballot measure last fall, but they are continuing a barrage of litigation to try to stop conversion of three downtown parking lots to housing.
- Judge Rules Against Citizen Group in Newport Beach Housing Case
State laws override local land-use ballot measures.
- Developers Can't Use "Upstream" Cap-And-Trade Allowances To Offset GHG Emissions
In a new battle between the Tejon Ranch Company and environmentalists, an appellate court has ruled that Los Angeles County’s environmental impact report for the Centennial community in Antelope Valley was misleading because it tried to count “upstream” reductions in greenhouse gas emissions resulting from the state’s cap-and-trade program.
- When CEQA and Housing Elements Conflict
Does adopting a Housing Element violate the California Environmental Quality Act?
- Fresno Didn't Follow Zoning in Approving Costco With Warehouse
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 Sheetz Followup, Court Okays El Dorado County Exactions System
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.
- Judge Rules Against Beverly Hills In Housing Element Case
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.
- City-County Water Deal Doesn't Have To Be Consistent With General Plan
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.
- General Law Cities Must Abide By SB 9
SB 9 isn’t unconstitutional – at least as it is applied to general law cities, an appellate court has ruled.
- Huntington Beach Must Adopt Housing Element Soon
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.
- Under Pressure From State, Norwalk Repeals Ban On Shelters
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.
