Latest from Land Use Law Blog

With another year in the books comes another truckload worth of new housing-related legislation. If you need to catch up, or just a refresher, Abbott & Kindermann, Inc., is here to provide you with the following review, as well as a handy statutory reference document for each of the bills (now laws) discussed, which can be found here.

https://www.youtube.com/watch?v=Okgw4AsyH88

California’s wildfire season now spans nearly the full calendar year. For California Environmental Quality Act (“CEQA”) practitioners, this means the enhanced scrutiny of wildfire and evacuation impact discussions in CEQA documents is an emerging issue that compels more robust CEQA evaluation than has traditionally been afforded to this topic. This new emphasis comes from revisions to the CEQA Guidelines (the

Capitol intrigue is gathering steam as long-time state capitol insiders are quietly looking forward to a fiery legislative debate later this year centered on the holy grail of policymaking—CEQA Reform.  Assemblymember Mo D’Eraté, head of the CEQA Reform Is Too Damn Hard! Caucus, is working with leading Democrats and the last elected Republican in the Assembly to fast track a

Welcome to Abbott & Kindermann’s 2022 1st Bi-Monthly cumulative Land Use and Local Government Review. This summary provides brief updates on recent land use and local government caselaw in 2022. The case names of the newest decisions start with Section 2 and are denoted by bold italic fonts.
CASES PENDING AT THE CALIFORNIA SUPREME COURT
There is 1 case pending

Welcome to Abbott & Kindermann’s 2021 4th Quarter cumulative CEQA update. This summary provides links to more in-depth case write-ups on the firm’s blog. The case names of the newest decisions start with Section 3 and are denoted by bold italic fonts.
2020 CEQA UPDATE
To read the 2020 cumulative CEQA review, click here: https://blog.aklandlaw.com/2021/01/articles/ceqa/2020-ceqa-4th-quarter-review/
CASES PENDING AT THE CALIFORNIA

In Save Civita Because Sudberry Won’t v. City of San Diego (December 16, 2021) 2021 Cal.App. LEXIS 1055, the City of San Diego prepared an EIR for a project including a general plan amendment, community plan amendment, and a road design. Opponents sued, challenging the EIR on CEQA, Planning and Zoning law and due process grounds. The trial court ruled

Since 1970, the City of San Diego (the “City”) has gradually converted its overhead, wooden-pole utility systems to an underground system. Due to funding constraints, the City adopted a Utilities Undergrounding Program Master Plan (“Master Plan”) (2017) to manage selection and prioritization of underground projects. The portions of the City with overhead utility lines were designated as “blocks.” The City

The California Department of Fish and Wildlife (“CDFW”) announced its annual filing fee increase for all California Environmental Quality Act environmental documents.  The filing fees will be effective starting January 1, 2022. For additional information see CEQA Environmental Document Filing Fees (ca.gov). The 2022 CEQA filing fees are listed below:

CEQA Document
Fees Effective
January 1, 2021
Fees Effective

In Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, Costco Wholesale Corporation (“Costco”) applied to the City of Tustin (the “City”) for a conditional use permit and design review approval to build a new 32-pump gas station project next to an existing Costco warehouse. The project site was located within an existing shopping center and surrounded by

Welcome to Abbott & Kindermann’s 2021 3rd Quarter cumulative CEQA update. This summary provides links to more in-depth case write-ups on the firm’s blog. The case names of the newest decisions start with Section 3 and are denoted by bold italic fonts.
2020 CEQA UPDATE
To read the 2020 cumulative CEQA review, click here: https://blog.aklandlaw.com/2021/01/articles/ceqa/2020-ceqa-4th-quarter-review/
CASES PENDING AT THE CALIFORNIA