by Matthew Hinks Spot zoning – the practice of singling out a parcel of property for either more or less restrictive zoning regulations – does not always constitute an impermissible abuse of discretion according to a new opinion from the California Court of Appeal in Foothill Communities Coalition v. County…
California Land Use Blog
JMBM Hotel Developers Forum: Miguel Santana advocates hotel expansion for downtown Los Angeles
At the recent Hotel Developers Forum hosted in JMBM’s Los Angeles office, LA City Administrative Officer Miguel Santana emphasized the City’s commitment to development, particularly of hotels in the downtown area. Santana is the chief financial advisor to the mayor, and his office has direct oversight over the city’s budget,…
JMBM Recognized as a 2014 Best Law Firm in Land Use & Zoning Law
LOS ANGELES – Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce its land use practice has been selected for inclusion in the U.S. News & World Report / Best Lawyers® list of Best Law Firms. JMBM achieved a number of First-Tier Rankings, including a Metropolitan First-Tier Ranking…
Last-Minute CEQA Bill Brings Significant Changes for Major Infrastructure Projects and Projects within Transit Priority Areas
This session’s California Environmental Quality Act (“CEQA”) reform bill, Senate Bill 743 (“SB 743”) packs a potentially large punch, but only for a narrow group of projects. SB 743 is the brainchild of Senator Darrell Steinberg (D-Sacramento), who made CEQA reform a top political priority for 2013. While Senator Steinberg’s…
Planned Use of Eminent Domain Powers to Condemn Underwater Mortgages Faces Uncertain Constitutional Outcome
By Matthew Hinks Amidst reports of rising home prices throughout California and fears of a new housing bubble, controversial plans floated by California cities to deal with the lingering effects of the mortgage meltdown by invoking their powers of eminent domain are gaining traction. The City of Richmond in Northern…
California Supreme Court to Local Agencies: Hypothetical Future Baselines in CEQA are not per se Improper in All Cases, but likely are Improper in the Vast Majority
by Neill Brower An August 5, 2013, the California Supreme Court provided some additional flexibility to local agencies in deciding what conditions properly constitute the “baseline” for analysis under the California Environmental Quality Act (“CEQA”). The decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (“Neighbors”), Case No.…
Citizens for Ceres v. Superior Court: New California Court of Appeal Opinion Addressing Privilege Issues in Connection with Review Under California’s Environmental Quality Act Will Have Lasting Impact on Litigation Involving Land Use Entitlements
By Matthew Hinks Effective environmental review of a real estate development project under the California Environmental Quality Act (“CEQA”) often requires that the approving agency and representatives of the developer work together collaboratively to ensure that environmental review is carried out according to the dictates of the law. However, doing…
Good News for Developers and Affordable Housing Advocates: California Court of Appeal Rejects Significant Challenge to State’s Density Bonus Law
By Matthew Hinks State density bonus law — one of many California statutes enacted to implement the state’s policy of promoting the construction of affordable housing — has withstood a significant challenge posed by the County of Napa (the “County”) in a new California Court of Appeal opinion, Latinos Unidos…
State Law Preemption of Local Land Use Regulations and the Supreme Court’s Recent Decision Upholding Citywide Ban on Medical Marijuana Dispensaries
by Matthew Hinks The recent spate of court cases dealing with local regulation of medical marijuana dispensaries (“MMDs”) offers an interesting illustration of the interplay between federal, state and local laws that regulate the same subject matter, and the impact that dynamic has upon local land use regulation. Each of…
Inclusionary Housing Ordinance Withstands Facial Challenge in New California Court of Appeal Decision; California Building Industry Association v. City of San Jose
By Matthew Hinks The California legislature has declared the availability of housing for every Californian to be a matter of “vital statewide importance.” Thus, the legislature has charged local governments with facilitating the provision of housing for all economic segments of the community through the implementation of “housing elements” as…