In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively. Sheetz v. County of El Dorado, No. 22-1074 (U.S. Supreme Court, Apr. 12, 2024). Our report on the decision, by Perkins Coie partners Cecily Barclay, Matt Gray and Alan Murphy is available here. Supreme Court of the United States. Washington DC ..read more

The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v. City of Livermore, 100 Cal. App. 5th 263 (2024). In 2018, the City of Livermore and Eden Housing entered into a Disposition and Development and Loan Agreement for development of a below-market rate housing project to be developed on land acquired by the City’s former Redevelopment Agency. The City approved entitlements for the project in 2021. Opponents filed a CEQA and P ..read more

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively. Sheetz v. County of El Dorado, No. 22-1074 (U.S. Supreme Court, Apr. 12, 2024). Our report on the decision, by Perkins Coie partners Cecily Barclay, Matt Gray and Alan Murphy is available here. Supreme Court of the United States. Washington DC ..read more

Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations.  Fix the City, Inc. v. City of Los Angeles 100 Cal. App. 5th 363 (2024). The City of Los Angeles approved its Metro Exposition Light Rail Transit Line project by enacting certain General Plan and zoning provisions in July 2018.  At the time, it considered but did not adopt a Specific Plan for the project.  An organization named “Fix the Cit ..read more

After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project’s conversion of agricultural land, the Fifth Appellate District held that ACEs can mitigate such impacts.  V Lions Farming, LLC v. County of Kern, Nos. F084763, F085102, F085220 (5th Dist., March 7, 2024). Kern County approved an ordinance streamlining the permitting process for new oil and gas wells after certifying an EIR for that project. The County had established a no-net-loss threshold of significance for agricultural land, effectively r ..read more

The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project.  Moreover, the County’s decision not to exercise jurisdiction, as opposed to its mere inaction, could support a viable CEQA claim.  Vichy Springs Resort, Inc. v. City of Ukiah, Case Nos. A165345 and A167000 (Ist Dist., March 29, 2024). Ukiah Rifle and Pistol Club operated a shooting range on land owned by the City of Ukiah and located in unincorporated Mendocino County.  Th ..read more

The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared.  On appeal, the Board of Supervisors reversed staff’s decision, finding an EIR was required due to environmental impacts peculiar to the project.  The court overturned the Board’s decision, concluding there was no substantial evidence supporting the Board’s conclusion that impacts would not be mitigated by application of uniform policies and procedures, which meant they were no “peculi ..read more

A court upheld an ordinance that restricted development standards in designated overlay zones to protect wildlife corridors, finding that it did not establish a “use” that would be subject to certain requirements of the Surface Mining and Reclamation Act (SMARA).  The court also upheld the County’s reliance on CEQA exemptions for the protection of a natural resource and the environment.  It held that the Class 7 exemption requires only protection of a natural resource, not protection of the entire environment, and that a potential for environmental impacts was not sufficient to defea ..read more

A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration (MND). The fact that the map and its vested rights were conditioned upon a later rezoning did not change that conclusion.  Similarly, the fact that the city re-adopted the MND for each project approval was not dispositive.  “It is the first approval that triggers the running of the statute of limitations, and later approvals do not restart the statute of limitations ..read more

A court rejected a developer’s attempt to take advantage of provisions in the Housing Accountability Act that prohibit a City from requiring a rezoning when zoning is inconsistent with the General Plan.  It upheld Los Angeles’ determination that the existing zoning was consistent with the General Plan, even though the zoning was not expressly listed as a “corresponding zone” for the applicable General Plan land use designation and the existing zoning allowed less development that the “corresponding zones” that were listed in the Plan. Snowball West Investments v. City of Los Angeles, No B ..read more