A court of appeal upheld the City of Madera’s interpretation of a municipal code provision requiring “a five-sevenths vote of the whole of the [City] Council” as mandating the approval of five councilmembers, rather than a five-sevenths vote of the councilmembers voting on the matter. Lateef v. City of Madera, No. F076227 (5th Dist.,
San Francisco Voters Approve Vacancy Tax Ordinance
San Francisco voters have approved a Vacancy Tax Ordinance, which imposes a tax assessment on vacant commercial space beginning January 1, 2021. The tax applies to any commercial space that is “unoccupied, uninhabited, or unused for more than 182 days whether consecutive or non-consecutive in a tax year.” The tax is intended to help reinvigorate
Zoning Ordinance Prohibiting Religious Assemblies Did Not Violate Religious Land Use and Institutionalized Person’s Act
A Riverside County zoning ordinance that removed religious assemblies as a permissible use in a particular zone did not violate the equal terms provision of the Religious Land Use and Institutionalized Person’s Act (RLUIPA) because it prohibited both religious and secular institutions alike from staging events without charging a fee. Calvary Chapel Bible Fellowship v.
San Francisco Expands Just Cause Eviction Protections
Effective January 20, 2020, eviction controls under the San Francisco Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37) (the “Rent Ordinance”) apply to any residential units constructed after June 13, 1979, and any residential units that have undergone substantial rehabilitation.
The rent limitations and the eviction controls enumerated in the Rent Ordinance previously applied
Automobile Delay May Not Be Treated As a Significant Environmental Impact
Automobile delay (as measured solely by roadway capacity or traffic congestion) cannot constitute a significant environmental impact, even for projects that were approved before the new CEQA guidelines on transportation impacts were certified in December 2018. Citizens for Positive Growth & Preservation v. City of Sacramento, 2019 WL 6888482.
The case involved a challenge
Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative
A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019).
The Richmond City Council adopted an initiative, approved by 10 % of the City’s voters, without alteration in accordance with Elections
City’s General Plan Policies Allowing Exemptions from Zoning Requirements Did Not Violate Fourteenth Amendment or Result in Spot Zoning
The City of Sacramento did not violate constitutional law or implied-in-law zoning contract when it approved a project with characteristics that deviated from the City’s zoning ordinance. Sacramentans for Fair Planning v. City of Sacramento, 37 Cal. App. 5th 698 (2019)
A developer sought approval to build a high-rise tower in Midtown Sacramento. The City’s
Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act
The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing provisions of the Act. Anderson v. City of San José, 42 Cal.App.5th 683 (2019).
This case addressed whether state constitutional authority
San Francisco County Transportation Authority is Not Subject to the City’s Sunshine Ordinance
The First District Court of Appeal held that the San Francisco County Transportation Authority is a state agency and thus did not need to comply with local public access rules. SF Urban Forest Coalition v. City and County of San Francisco, No. A155098 (1st Dist., Dec. 19, 2019).
The Bay Area County and Transportation
Documents Merely Referenced in a General Plan Resolution Need Not be Included in a Referendum Petition
If a referendum petition includes the full text of the subject land use measure, documents referenced in such measure need not be attached to the petition unless they are attached to the measure or expressly incorporated into it by reference. Molloy v. Vu, No. D075593 (4th Dist., Oct. 31, 2019).
The San Diego Board