Latest from Land Use Law Blog

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