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In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a valid exercise of a municipality’s police power, rather than an exaction subject to a constitutional takings analysis.
Continue Reading California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In South County Citizens for Smart Growth v. County of Nevada (3d Dist., 10/8/13 C067764) ____Cal.App.4th _____, 2013, the court of appeal rejected a claim that Nevada County violated CEQA by failing to recirculate an EIR when a project was modified after circulation of the draft EIR and a similar but competing alternative proposed by staff was not adopted.  The court held that recirculation was not required because the plaintiff had failed to show there was no substantial evidence that the staff alternative was not significant new information for, among other reasons, infeasibility.  The court also held that the County did not have to make findings setting forth the reasons the staff alternative was not feasible.
Continue Reading New “Potentially Feasible” Alternative Does Not Trigger Draft EIR Recirculation Unless Considered “Significant New Information”; No Findings Needed to Reject Alternative As Infeasible

In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), ___ Cal.App.4th ___, 2013, the court of appeal found no abuse of discretion in the City of Napa’s approval of revisions to the housing element of its general plan, and related general plan and zoning amendments, despite plaintiff’s argument that an environmental impact report was required.  The court determined that substantial evidence supported the City’s decision not to proceed with any additional environmental review as the plaintiff did not satisfactorily explain how the project’s impacts were so different from, or more severe than, the impacts identified in an earlier EIR so as to require further review.
Continue Reading Substantial Evidence Test Applies to Decision Not to Require Additional EIR