In 2006, a developers Y.T. Wong and SMI Construction, Inc. proposed to divide two existing ‘R-1' zoned parcels totaling 1.89 acres into 11 lots to allow for the development of single-family homes in the community of Fairview in unincorporated Alameda County, bordering the City of Hayward. The county sent out written notices to a number of agencies, neighbors, and other interested parties, including the group that would become the appellants, indicating the county's intent to utilize the section 15332 (Infill Development) CEQA exemption.

The premise behind the categorical exemptions in the California Environmental Quality Act for infill and single-family projects is that projects in relatively dense, established urban areas are unlikely to create major impacts. According to a recent decision, this premise has its limits.  

Nearly two years ago I wrote an article that pondered the effects of legalized marijuana on California's cities. The options, for those cities that didn't forbid cannabis entirely, seemed to range from stoner wastelands to magical communities of mellowness. 

An appellate court has upheld the City of Berkeley's application of the density bonus law and the California Environmental Quality Act exemption for an infill project.

The Ninth U.S. Circuit Court of Appeals has aside a summary judgment in favor of a city in a dispute over a church's request to relocate and develop an expanded church facility in an industrial park.

The unanimous three-judge appellate panel ruled that District Court Judge Phyllis Hamilton's decision in favor of the City of San Leandro was erroneous, and the Ninth Circuit sent the case back to the trial court for further proceedings. The Ninth Circuit did not rule on the merits of the case.

The California Supreme Court will review a case in which Alameda County and a housing developer argue that a California Environmental Quality Act lawsuit filed by project opponents should have been dismissed because the opponents did not raise their objection during the administrative process.