In Yes In My Back Yard v. City of Culver City (2023) 96 Cal.App.5th 1103, the Second District Court of Appeal (“Court”) held that the City of Culver City (“City”) violated Government Code section 66300 (“Section 66300”)—a part of the Housing Crisis Act of 2019, also known as SB 330 (“SB 330”)—when it adopted
The 2023 legislative session culminated in Governor Newsom signing dozens of land use bills. This post discusses the most important.
The Legislature continued its multifaceted approach to addressing the housing crisis, with the Governor signing 56 housing bills. The most important include expansions of SB 35 and the Housing Accountability Act.
Housing bills discussed
In Tsakopoulos Investments v. County of Sacramento (2023) 95 Cal. App. 5th 280, the Third District Court of Appeal (“Court”) upheld the County of Sacramento’s (“County”) certification of the Mather South Community Master Plan (the “Master Plan” or “Project”) environmental impact report (EIR) under the California Environmental Quality Act (CEQA). In the published portion
In California Construction and Industrial Materials Association v. County of Ventura (2023) 97 Cal.App.5th 1, the California Construction and Industrial Materials Association and the Ventura County Coalition of Labor, Agriculture and Business separately and unsuccessfully petitioned for writs of mandate to require the County of Ventura to vacate an ordinance creating a wildlife migration corridor. The
The Fourth District Court of Appeal in Historic Architecture Alliance v. City of Laguna Beach (2023) 96 Cal.App.5th 186, found that the City of Laguna Beach’s (“City”) findings for the use of the Class 31 California Environmental Quality Act (CEQA) exemption to approve the renovation and extension of a historic single-family home (“Project”), and the
The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’ (“City”) final programmatic environmental impact report (EIR) for the West Area Specific Plan (“Specific Plan” or “Project”) did not need to analyze the impacts
In Marina Coast Water Dist. v. County of Monterey (2023) 96 Cal.App.5th 46, the Sixth District Court of Appeal reversed the trial court’s ruling, rejecting Marina Coast Water District’s (“MCWD”) challenge to the sufficiency of the environmental review process for the Monterey Peninsula Water Supply Project (“Project”). The court held that Monterey County’s (“County”)
In City of San Clemente v. Department of Transportation (2023) 92 Cal.App.5th 1131, the Fourth District Court of Appeal held that a homeowner’s association (Association), who challenged a proposed state highway extension alignment and a CEQA settlement that required the highway to avoid sensitive areas, was not entitled to attorney’s fees under the “private attorney
In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the failure to analyze whether a set of projects approved through a mitigated negative declaration (MND
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that the