News & Analysis as of

Real Estate Development Exemptions

Davis Wright Tremaine LLP

Cutting Through California's Housing Crisis: Are New CEQA Exemptions Enough?

As discussed in our earlier post, California's CEQA landscape has rapidly, and potentially seismically, evolved with the passage of AB 130 and SB 131. This post focuses on the immediate creation of a new statutory exemption,...more

Holland & Knight LLP

California's Summer Blockbuster, Continued!: Newly Enacted Non-Housing CEQA Reforms

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Senate Bill (SB) 131 includes important California Environmental Quality Act (CEQA) exemptions for qualified advanced manufacturing projects, health centers and rural clinics, childcare centers, food banks, farmworker...more

Coblentz Patch Duffy & Bass

CEQA Transportation Mitigation Fees and Other Key Reforms in AB 130 and SB 131

This is our third update on the important changes in the two budget trailer bills, AB 130 and SB 131, after previous posts addressing the new CEQA exemption for infill housing and the “near miss” CEQA streamlining process....more

Downey Brand LLP

Wait, What? Major Changes to CEQA Slip into Law via Deft Maneuvering

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Much is discussed every year in the Legislature about how the California Environmental Quality Act (“CEQA”) needs reform. But the calls for change nearly always fail, aside from a few tinkering changes. This year is...more

Brownstein Hyatt Farber Schreck

CEQA Infill Exemptions and “Near Miss” Streamlining—A Concrete Fix for California’s Housing Crisis?

Note: This is the second update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more

Coblentz Patch Duffy & Bass

“Near-Miss” CEQA Streamlining: New Option to Reduce Scope of Review for Housing Development Projects

Following up on our earlier coverage of the new California Environmental Quality Act (CEQA) exemption passed as part of budget trailer bill AB 130, another significant CEQA pathway was created through its companion...more

Holland & Knight LLP

Court Upholds City's Reliance on CEQA Exemption, Reaffirms Canons of Statutory Interpretation

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In April 2021, a developer applied to the City of King City, California (City), for a proposed 18,000-square-foot Grocery Outlet store (Project). The Project site was a former 1.6-acre car sales lot adjacent to Highway 101...more

Miller Starr Regalia

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32...

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In a partially published opinion filed October 31, 2024, the Second District Court of Appeal (Div. 1) held, in light of AB 1307 and the Supreme Court’s decision in Make UC a Good Neighbor v. Regents of University of...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Miller Starr Regalia

Fourth District Affirms Judgment Upholding City’s Use of CEQA Guidelines’ Historical Resource (Class 31) Exemption To Approve...

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In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying a CEQA writ petition challenging the...more

Miller Starr Regalia

Second District Affirms Judgment Voiding CEQA Infill Exemption For Hollywood Hotel Project That Would Demolish Affordable Housing...

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In an opinion filed June 28, 2023, and later ordered published on July 25, 2023, the Second District Court of Appeal (Div. 5) affirmed a judgment granting a writ of mandate setting aside (1) the City of Los Angeles’ (City)...more

Perkins Coie

General Request for EIR Insufficient to Exhaust Administrative Remedies When Challenging Reliance on Categorical Exemption

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Plaintiff did not exhaust administrative remedies when challenging the City’s approval of a homeowner’s development project on the ground that a Class 1 categorical exemption was inapplicable. Arcadians for Environmental...more

Alston & Bird

Land Use Matters March 2023 – CEQA Appellate Decisions & Other Legal Developments

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Los Angeles City Planning and Department of Building and Safety - COVID-19 Emergency Public Order on Tolling and Time Limits Rescinded - On March 21, 2020, then-Mayor Eric Garcetti issued a COVID-19 emergency public order to...more

Miller Starr Regalia

Another Call for CEQA Litigation Reform? Second District Rejects NIMBY Group’s CEQA, Coastal Act, and Land Use Challenges, Affirms...

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In a published opinion filed March 8, 2023, the Second District Court of Appeal (Division 8) affirmed the trial court’s judgment denying writ relief in a lawsuit challenging approval of a CEQA-exempt eldercare facility...more

Holland & Knight LLP

D.C. Office of Planning Recommends Not Moving Forward with Inclusionary Zoning Amendment

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The Office of the Attorney General for the District of Columbia (OAG) filed a petition in December 2021 to amend Subtitle I of the Zoning Regulations to apply the Inclusionary Zoning (IZ) program to currently exempt Downtown...more

Miller Starr Regalia

Neighbor-Led Group Opposing Single-Family Home Expansion Project Failed To Exhaust Administrative Remedies By Making Sufficiently...

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In a published decision filed February 16, 2023, the Second District Court of Appeal (Division 7) affirmed a judgment denying a CEQA writ petition challenging approval of a single-family home expansion project because the...more

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

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In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more

BCLP

State aid: European Commission adopts new rules for agriculture, forestry and fishery and aquaculture sectors

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The European Commission has revised its state aid rules for the agricultural, forestry and fishery/aquaculture sectors. The revisions relate to: ..the Agricultural Block Exemption Regulation (ABER); ..the Fishery...more

Downey Brand LLP

Residential Development Project Consistent with Specific Plan Found Exempt from Further CEQA Review

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In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of...more

Farrell Fritz, P.C.

Single and Separate Exemptions For Substandard Lots

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Zoning codes are constantly evolving in response to perceived or real threats of overdevelopment.  Generally, a municipality may in the reasonable exercise of its police power, amend its zoning code to be more restrictive in...more

BCLP

Emerging details of the new Biodiversity Net Gain regime

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The DEFRA consultation published this month on the scope of the biodiversity net gain regulations to be introduced under powers in the Environment Act 2021, provides developers and landowners with a much clearer indication of...more

Bricker Graydon LLP

Ohio Supreme Court denies Village of Obetz attempt to reinstate expired TIF exemption

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A recent decision by the Ohio Supreme Court addressed whether a municipality can retroactively reinstate an expired TIF exemption by amending the legislation that authorized the original exemption. The case arose from a TIF...more

Miller Starr Regalia

2020 CEQA Legislative Developments

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As we rapidly approach the end of a year of COVID-related challenges and uncertainties, CEQA practitioners may want to review the year’s key legislation impacting CEQA and its application, which was contained in the handful...more

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