Editors’ Note: On January 2, 2019, the California Supreme Court granted a request for depublication of this decision. A Supreme Court order to depublish means the case can no longer be cited or relied upon as precedent but does not reflect the court’s opinion of the correctness of the result of the decision or of
Agency Inaction Is Not a CEQA Project
An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First District Court of Appeal, Sept. 13, 2019).
The Lake Norconian Club is a former hotel that is listed on the National Register of Historic
California Supreme Court Clarifies What Is a “Project” Subject to CEQA
The California Supreme Court clarified what activities are subject to CEQA in its recent decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, No. S238563, 2019 WL 3884465 (Aug. 19, 2019). First, the court held that enactment of a zoning ordinance is not necessarily a project in all circumstances. Second,
City Not Required to Evaluate Impacts of Loss of Rental Units from Already-Vacant Building
A lead agency was not required to evaluate the housing-related impacts of a proposed hotel in a vacant building that was formerly used for rental housing. Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles, 37 Cal. App. 5th 768 (2019).
In 2009, the owner of an apartment building with 18 rental units filed
EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed Alternative
An EIR’s project description may identify alternative development schemes proposed for a single project, and the agency may approve a modified version of the project that incorporates elements of one of the alternatives reviewed in the EIR. South of Market Community Action Network v. City and County of San Francisco (2019) 33 Cal.App.5th 321.
Plaintiffs
Location Exception to CEQA’s Categorical Exemptions Applies Only to Designated Environmental Resources Affected by The Project
The location exception to CEQA’s categorical exemptions does not apply to earthquake and landslide hazard zones, as they are not “environmental resources” that would be affected by a project. Berkeley Hills Watershed Coalition v. City of Berkeley, 31 Cal.App.5th 880 (1st Dist. 2019).
The City of Berkeley approved construction of three single-family homes in the
Court of Appeal Denies Project Opponents a Chance to Relitigate CEQA Claims
The court of appeal held that a challenge to a partially recirculated EIR of the County of Amador was barred by the doctrine of res judicata, which precludes relitigation by the same parties of issues previously adjudicated on the merits. Ione Valley Land, Air and Water Defense Alliance v. County of Amador, No. C081893
Court of Appeal Holds CEQA Review Is Not Required for Project That Is Only Subject to Design Review
The court of appeal held that the City of St. Helena did not violate CEQA by approving a demolition permit and design review for a multi-family residential project without preparing an environmental impact report. McCorkle Eastside Neighborhood Group v. City of St. Helena (2018) 31 Cal.App.5th 80. The court held that because the city’s discretion
Court Upholds Class 1 Exemption for Improvements to Amusement Park in City of San Diego
The court of appeal found that an amended and restated lease requiring upgrades and improvements to an existing amusement park was exempt from the requirements of CEQA under the Class 1 exemption. San Diegans for Open Government v. City of San Diego, 31 Cal.App.5th 349 (2018).
In 1987, the City of San Diego entered into
29th Annual Briefing on Land Use and Development Law — Materials Available
Perkins Coie attorneys, including regular contributors to this report, recently presented the 29th Annual Land Use & Development Law Briefing in San Francisco, Palo Alto and Walnut Creek. The presentation focused on 2018 legal developments and trends in land use, affordable housing, CEQA, wetlands and endangered species. The final presentation in this year’s series