The City of Palm Springs’ three-year closure of a public street for installation of a statue was unlawful because the Vehicle Code permits only temporary closure of streets for parades or other short-term events, not multi-year closure for installation of semi-permanent structures. Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (2023).
Athletic Field Lighting Project Not Categorically Exempt from CEQA
The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius Neighborhood Association v. City and County of San Francisco, 85 Cal.App 5th (2022).
The City approved the lighting project without environmental review
90-Day Limitations Period in Government Code § 65009 Applied to Political Reform Act Challenge to Land-Use Permits
A suit seeking to set aside land-use approvals based on an alleged bribery scheme in violation of the Political Reform Act was subject to the 90-day statute of limitations for actions challenging land-use decisions. AIDS Healthcare Foundation v. City of Los Angeles, No. B311144 (2nd Dist., Dec. 14, 2022).
A federal criminal investigation revealed
CEQA Categorical Exemption Must Be Agendized under Brown Act
On February 15, 2023, the California Supreme Court issued an order depublishing this decision. While still binding on the parties to the case, the decision can no longer be cited or relied on as authority.
The City of Thousand Oaks violated the Ralph M. Brown Act by adopting a CEQA exemption without having listed the
City Properly Approved Project Under Land-Use Standards Existing at Time of Original Application
Under the Housing Accountability Act, a proposed residential development should be evaluated under the land-use standards that applied when the original application was deemed complete, not those at the time of the final decision on the project. Save Lafayette v. City of Lafayette, 85 Cal.App.5th 842 (2022).
In 2011, a developer applied for approval of
City Properly Exempted Project from Certain Local Development Standards Under Density Bonus Law
The City did not abuse its discretion in finding a residential project to be consistent with the City’s development standards since the project qualified for exemption from those standards under the Density Bonus Law. Bankers Hill 150 v. City of San Diego 74 Cal. App. 5th 755 (2022).
Petitioner, a community association, challenged a decision
Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan
A traffic mitigation fee required for construction of a single-family home did not amount to an “unconstitutional condition” in violation of the takings clause of the Fifth Amendment, and the County complied with the Mitigation Fee Act in assessing the fee. Sheetz v. County of El Dorado, No. C093682 (4th Dist., Oct 19, 2022).
Dam Operations Authorized Under 1954 Statute Potentially Included Protection of Endangered Species.
The Ninth Circuit held that statutory language defining the scope of operations of Twitchell Dam was sufficiently broad to potentially include releases of water to facilitate migration of Southern California Steelhead to the ocean. San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, No. 21-55479 (9th Cir., Sept. 23, 2022).
Environmental
CEQA Review Not Required for Water Allocations That Were Part of Earlier Project
A CEQA challenge to water allocations by the City of Los Angeles and its Department of Water and Power was barred by the statute of limitations because the allocations were under leases approved years earlier. County of Mono v. City of Los Angeles, 81 Cal.App.5th 657 (2022).
In 2010, the City approved a set
City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan
The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis Neighborhood Association v. City of Davis, 43 Cal. App. 5th 895 (2022).
The Trackside Project is a planned four-story, 48,000-square-foot mixed-use building located