In Save the Hill Group v. City of Livermore et al., the First District Court of Appeal (Div. 5) reversed and remanded the superior court’s decision to uphold the reissued final environmental impact report (RFEIR) for a development project with 44 single-family homes located in a residentially-zoned grassland area, called Garavanta Hills, near the Garaventa Wetlands Preserve.  In doing so, the Court held that the analysis for the “no project” alternative was inadequate because it failed to disclose and evaluate the possibility of using existing mitigation funding to make the no-project alternative feasible.  While the superior court agreed that the analysis of the no-project alternative was insufficient, the superior court found that petitioner Save the Hill Group (Petitioner) had failed to exhaust its administrative remedies on this issue, upholding the RFEIR on this jurisdictional prerequisite.  While the Court of Appeal reversed this particular decision, it did rejected the Petitioner’s remaining claims.
Continue Reading Court of Appeal Holds No-Project Alternative Analysis May Mean More When Conservation is an Option and Reinforces Low Barrier to Entry Under the Exhaustion Doctrine

On March 31, 2022, the California legislature approved Assembly Bill (AB) 2179, extending the state’s eviction moratorium through June 30, 2022 for certain tenants who have applied for rental assistance on or before March 31, 2022.  This latest extension was passed in response to significant delays reported by both the state and local jurisdictions related to the processing of applications and disbursements of rent relief payments.[1]
Continue Reading Some Renters Protected Under California’s Extended Eviction Moratorium

For many in the cannabis industry, April 1, 2022 is seen as a day of reckoning following the July 2021 passage of Assembly Bill 141 and Senate Bill 160 (collectively, the Cannabis Trailer Bill).  In an attempt to transition to an annual licensure program, April 1st marked the beginning of the end for provisional cannabis licensure.  It also ushered in significant changes to renewal process for previously granted provisional licenses.  These modifications now require applicants to comply with the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA), a complex statewide policy of environmental protection fraught with potential traps for those unversed in the law, before an operator is eligible to be awarded a cannabis state license.  This requirement alone carries the potential to create a much higher barrier to entrance into the cannabis market.
Continue Reading No April Fools: Starting April 1st, Cannabis Operators Face CEQA Compliance Requirements for State Licenses

In a case potentially overshadowed by the California Supreme Court’s same-day denial to hear a request to stay a cap on student admissions at UC Berkeley,[1] the Second Appellate District Court (Div. 2) issued its opinion in Crenshaw Subway Coalition v. City of Los Angeles.  This decision found, in effect, that the federal Fair Housing Act (FHA) and its State law counterpart, the California Fair Employment and Housing Act (FEHA), do not protect established minority-majority communities against displacement due to gentrification.
Continue Reading Challenge to Housing and Revitalization Project Found Not Cognizable under the Fair Housing Act and California Fair Employment and Housing Act

In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental environmental review for the City of Newark’s approval of a 469‑lot residential subdivision project.  Instead, the court affirmed the City’s use of Government Code section 65457’s CEQA exemption for projects consistent with a “specific plan” for which a environmental impact report (EIR) was previously certified.
Continue Reading Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

On Friday, November 12, 2021, the Association of Bay Area Government’s (“ABAG’s) Administrative Committee formally denied 27 out of 28 appeals of draft housing allocations filed by local jurisdictions within the Bay Area region.  In approving final written denials for nearly all appeals filed by cities and counties within the Bay Area, the Committee signaled strong confidence in the draft Regional Housing Needs Allocation (“RHNA”) Plan prepared by ABAG’s Housing Methodology Committee and approved in May.  Local jurisdictions in the Bay Area must now incorporate the Plan’s housing allocations into their Housing Elements.

Continue Reading Association of Bay Area Governments Formally Denies Nearly All Regional Housing Needs Allocation Appeals

In October 2021, Governor Gavin Newsom signed into law a sweeping package of six bills aimed at reducing plastic waste, improving recycling efforts, and clarifying labeling standards for recyclables and compostables.  These new laws will likely mean significant changes for many companies.  They come at a time when multiple states are passing similar environmentally focused bills, signaling a renewed effort to promote recycling and regulate green advertising.

Continue Reading California Passes Sweeping Package of “Green” Bills

On September 16th, hot off the heels of surviving California’s latest recall effort, Governor Gavin Newsom signed legislation aimed at addressing the statewide housing crisis – a critical topic leading up to last week’s election.  The suite of bills, Senate Bills (SB) 8, 9 and 10 and Assembly Bill (AB) 1174, coupled with the recently announced California Comeback Plan, carry the potential to expand housing production, streamline permitting and promote density closer to major employment hubs.

Continue Reading California Enacts New Legislation to Combat Growing Housing Crisis, But Not Without Controversy

In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project approval as an unconstitutional taking.  More specifically, the Court found that El Dorado County’s Measure E, which was adopted in 2016 and amended the County of El Dorado general plan (General Plan) to require developers to fund traffic improvements prior to the issuance of discretionary approvals needed to develop the remainder of the project, would require a development pay more than its fair share.
Continue Reading Mandate to Provide Traffic Improvements Prior to Project Approval Struck Down

Governor Gavin Newsom recently signed into law Senate Bill (SB) 7, the “Housing + Jobs Expansion & Extension Act”, which extends and expands California Environmental Quality Act (CEQA) streamlining provisions.  As previously discussed in our February blog post, “California Senate Returns Its Focus to Housing in 2021-2022 Legislative Session,” SB 7 is the first bill from the Senate’s “Building Opportunities for All” housing package to be signed and enacted this year.  SB 7 extends through 2025 the streamlined CEQA administrative and judicial review procedures developed for Environmental Leadership Development Projects (ELDPs) under Assembly Bill (AB) 900 in 2011. AB 900 established a process to expedite legal challenges for large housing, clean energy, and manufacturing projects with a capital investment of at least $100 million.  In an effort to increase housing and job opportunities in California, SB 7 expands streamlining eligibility to smaller affordable housing projects.  Specifically, housing projects on infill sites with an investment between $15-$100 million that meet specified labor and environmental standards and include at least 15 percent affordable housing are now eligible under SB 7.  SB 7 also clarifies that the deadline to resolve legal challenges to ELDPs under the expedited judicial review process is 270 days from the filing of the certified record of proceedings, including appeals to the court of appeal and the Supreme Court.
Continue Reading Senate Bill Extends and Expands CEQA Streamlining Process

On Wednesday, June 2, the Los Angeles City Council’s Public Safety Committee voted to proceed with expanding Fire District 1 after receiving a report produced by the Department of Building and Safety, Fire Department, and City Planning Department.  The report analyzed the potential impacts of the expansion of Fire District 1, which prohibits certain construction types in limited areas of the City of Los Angeles, such as Downtown and Hollywood.  The report concluded that the expansion of Fire District 1 would result in an increase in construction and materials cost and would likely reduce the financial feasibility of affordable housing projects and result in fewer projects throughout the City.
Continue Reading Los Angeles City Council’s Public Safety Committee Votes to Move Forward with Expanding Fire Rating Requirements for New Construction