The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). The court overturned the City’s interpretation of its own LCP, finding the ADU exempt from the coastal permit requirement.  Riddick v. City of Malibu, No.

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

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

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

This case addressed both application of CEQA’s categorical exemption for renovation of historical resources and application of an exception to the exemption that turned on the question whether the project complied with Secretary of Interior standards regarding renovation of historic structures.  The court ruled that this issue is to be reviewed under the substantial evidence

Property owners who acted illegally by blocking parking on a public street fronting their houses were not entitled to use the County’s alleged noncompliance with CEQA as a defense to actions enforcing encroachment laws.  Anderson v. County of Santa Barbara, 94 Cal.App.5th 554 (2023).

Property owners in the Montecito area of Santa Barbara County

Concluding that it was a “near certainty” that the Stratford Public Utility District (SPUD) failed to comply with CEQA when it granted an easement for a water pipeline, the appellate court vacated an order denying a preliminary injunction that would have halted construction and operation of the pipeline, and ordered the trial court to reconsider.