Real Estate & Construction

In AIDS Healthcare Foundation v. Bonta (2024) 101 Cal.App.5th 73, the Second District Court of Appeal upheld the power of local governments to override housing density caps, including caps adopted by voter initiative.

Legal Background

Under Senate Bill 10 (“SB 10”), passed in 2021, the Legislature granted counties and cities discretion on a parcel-by-parcel basis to supersede local housing

In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal held the Livermore City Council’s adoption of a resolution approving a development agreement was a legislative act subject to the referendum power.  This case is the latest iteration of a multi-year litigation battle targeting an affordable housing development proposed for downtown

In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from imposing new impact fees in the future. The court reasoned such a provision constituted an impermissible contracting away of the

The Claremont Canyon Conservancy v. Regents of the University of California (2023) 92 Cal.App.5th 474.

The Regents certified an EIR for a project aimed at reducing wildfire risk at UC Berkeley’s Hill Campus, located in the East Bay Hills.  Environmental organizations filed suit, contending, relevant here, that the EIR included an inadequate project description.  The groups generally contended that the

(United Neighborhoods for Los Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074)

CEQA’s infill exemption (Guidelines section 15332) is a very useful tool in the toolbox for streamlining CEQA review.  This Guideline applies in cities and can be applied to sites up to five acres in size if substantially surrounded by urban development.  (Note to the California Legislature:

(Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554.)

It is not unusual in the non-urban parts of California for a property owner to install landscaping within a county right-of-way without ever securing an encroachment permit.  In Santa Barbara County, like many jurisdictions, installing these improvements without County approval can be treated as a misdemeanor.  Such work can also

July 2023Hey Friends, On February 3, 2023, I completed my 1000th F45 fitness class. F45 is team functional training. The workouts are 45 minutes and alternate daily between cardio and resistance training. And yes, the workouts are hard. I took my first F45 class on September 24, 2018. Although I had a trainer at the time and thought I was

Time blocking is a time management strategy where you schedule tasks on your calendar so your work can’t be interrupted or scheduled over. It is a way for you to reclaim your day and get a better idea of how you’re using your time. Benjamin Franklin was an early adopter of time blocking. There are different methods for blocking your

“A roadmap for finding purpose, meaning, and success as we age.”All professionals will face an inevitable decline in performance because of aging. Studies show that when smart ambitious people who chase power and achievement early in their careers experience this decline, they become unhappy. In Strength to Strength, Arthur Brooks uses the examples of a well-known person he encounters