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Urban Planning & 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

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

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

Perkins Coie on

The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...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

Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On...

Miller Starr Regalia on

In an important opinion filed October 21, and later ordered published on November 18, 2024 (at the request of the California State Association of Counties and the Rural County Representatives of California), the Sixth...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Farrell Fritz, P.C.

Single and Separate Exemptions For Substandard Lots

Farrell Fritz, P.C. on

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

BCLP on

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

Holland & Knight LLP

SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects

Holland & Knight LLP on

California Senate Bill (SB) 10, which Gov. Gavin Newsom signed into law on Sept. 16, 2021, and will take effect on Jan. 1, 2022, provides that local agencies may adopt an ordinance to allow up to 10 dwelling units on any...more

Burr & Forman

Trump Administration Expands Tariffs Affecting Automobile, Construction & Electrical Companies

Burr & Forman on

New Tariffs on Imported Steel and Aluminum Derivative Products - On February 8, 2020, the United States expanded tariffs on steel and aluminum raw material imports to include finished product imports from all but a select...more

Bricker Graydon LLP

Calling all economic developers: Large TIFs may be eligible for a one-time extension opportunity

Bricker Graydon LLP on

In the fall of 2019, the Ohio General Assembly significantly changed state law governing tax increment financing (TIF) exemptions. For certain TIF projects, local communities can extend the exemptions – and, therefore,...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Farrell Fritz, P.C.

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

Farrell Fritz, P.C. on

BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Pierce Atwood LLP

Mass. SJC Reaffirms that Zoning Exemption for Educational Uses is Expansive; Residential Psychiatric Program for Adolescents...

Pierce Atwood LLP on

In a noteworthy decision yesterday, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly.  That...more

Bilzin Sumberg

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

Bilzin Sumberg on

En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Farrell Fritz, P.C.

Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?

Farrell Fritz, P.C. on

After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments to the implementing regulations of the State Environmental Quality Review Act...more

Best Best & Krieger LLP

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

Perkins Coie

CEQA Year In Review 2017

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

Miller Starr Regalia

Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small...

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In a published opinion filed July 21, 2016, the Second District Court of Appeal affirmed the trial court’s judgment rejecting plaintiffs/residential neighbors’ (“Appellants”) CEQA challenge to the City of Redondo Beach’s...more

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