» Land Use

Federal Government Studies Permitting Times for Hardrock Mining Operations

In January 2016, the United States General Accountability Office released the results of a study which analyzed how much time it takes federal agencies to approve hardrock mining operations on public land. Between 2010 and 2014, the GAO studied how m… Read More
Read More
Categories: Land Use, Mining

HTHJ Helps Shape Groundbreaking Humboldt County Medical Marijuana Land Use Ordinance

On January 26, 2016, the Humboldt County Board of Supervisors adopted the first comprehensive local commercial medical marijuana land use ordinance under the State Medical Marijuana Regulation and Safety Act (“MMRSA”).  The County’s “Commerc… Read More
Read More
Categories: Articles, Land Use

Medical Marijuana Regulation: First Round of Follow-Up Legislation

As we detailed in a prior post here, on October 9, 2015, Governor Brown signed into law three bills (AB 243, AB 266 and SB 643) that together establish a comprehensive state regulatory system for the commercial cultivation, processing, manufacturing,… Read More
Read More
Categories: Articles, Land Use

Legislator Announces Intent to Strike March 1, 2016 Deadline for Adopting Local Marijuana Regulation

In an open letter to local government leaders, Assembly Member Jim Wood announced that “an inadvertent drafting error” has caused local governments to “scramble” to enact local regulations permitting the commercial cultivation of medical cann… Read More
Read More
Categories: Articles, Land Use, Marijuana

Sixth District Addresses Lay Testimony Rule for Noise & Traffic Impacts & Requires an EIR for a Wedding Venue Project

Keep Our Mountains Quiet v. Co. of Santa Clara (236 Cal.App.4th 714) In Keep Our Mountains Quiet v. Co. of Santa Clara, the Sixth District Court of Appeal held that compliance with a noise ordinance does not necessarily bar a “fair argument” of s… Read More
Read More
Categories: Articles, Land Use

Failure to Challenge Use Permit Conditions

City of Berkeley v. 1080 Delaware, LLC (2015) 184 Cal.Rptr.3d 177 Recently, in City of Berkeley v. 1080 Delaware, LLC (2015) 184 Cal.Rptr.3d 177, despite holding that the city’s affordable housing ordinance was not enforceable, the court still uphe… Read More
Read More
Categories: Land Use

California Supreme Court Clarifies "Unusual Circumstance" Exception to Categorical Exemptions under CEQA

Berkeley Hillside Preservation v. City of Berkeley 2015 WL 855725 In a widely anticipated decision, the California Supreme Court has overturned the First District Court of Appeals decision in Berkeley Hillside Preservation v. City of Berkeley (2012)… Read More
Read More
Categories: Articles, CEQA, Land Use

Tenants Have No Rights to Individual Notice of a Development Agreement for Their Landlord

TENANTS HAVE NO RIGHTS TO INDIVIDUAL NOTICE OF A DEVELOPMENT AGREEMENT FOR THEIR LANDORD San Francisco Tomorrow v. City and County of San Francisco (Parkmerced Investors, LLC) (2014) 176 Cal.Rptr.3d 430 The fact that a Development Agreement contains… Read More
Read More
Categories: Articles, Land Use

California Legislature Extends Life of Subdivsion Maps

The California Legislature has passed a bill providing an automatic 24-month extension for subdivision maps approved after January 1, 2000. Governor Jerry Brown signed the bill on July 11, 2013. The bill is an “urgency” measure and therefore take… Read More
Read More
Categories: Articles, Land Use

Goverment Demand for Property or Money from Land Use Permit Applicant Must Satisfy Requirements of Nollan and Dolan, Even When Government Denies the Permit

 Koontz v. St. Johns River Water Management Dist. The United States Supreme Court has recently extended the requirements of Nollan v. California Coastal Comm’n and Dolan v. City of Tigard, which require that a government’s demand for property… Read More
Read More
Categories: Articles, Land Use