Justia Zoning, Planning & Land Use Opinion Summaries

Union of Medical Marijuana Patients, Inc. (UMMP) appealed a trial court judgment denying its petition for writ of mandate, which challenged the City of San Diego's enactment of an ordinance adopting regulations for the establishment and location of medical marijuana consumer cooperatives in the City. UMMP argued that the City did not comply with the California Environmental Quality Act (CEQA) when enacting the ordinance. After review, the Court of Appeals concluded that the ordinance did not constitute a "project" within the meaning of CEQA, and accordingly the City was not required to conduct an environmental analysis prior to enacting the ordinance. View "Union of Med. Marijuana Patients v. City of San Diego" on Justia Law

In 2002 the Enterprise Rancheria of Maidu Indians of California (Enterprise Tribe) submitted a request to the United States Department of the Interior (Department) to acquire a site in Yuba County for the purpose of establishing a casino/hotel resort complex. Pursuant to statute, the Secretary was authorized to acquire land, within or without an existing reservation, for the purpose of providing land for Indians. Land so acquired after October 17, 1988, could not, with some exceptions, be used for gaming. The exception at issue here was where the Secretary “after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination.” The Governor indicated his official concurrence with the Assistant Secretary’s determination. Plaintiff Auburn Tribe owned and operated the Thunder Valley Resort and Casino, approximately 20 miles from the Yuba County site. The Auburn Tribe filed a petition for writ of mandate and complaint for declaratory relief, alleging: (1) the Governor was required to comply with California Environmental Quality Act (CEQA) before concurring in the Secretary’s decision to take lands into trust for the Enterprise Tribe; and (2) the Governor performed a legislative act when he concurred with the Secretary and when he negotiated and executed the compact with the Enterprise Tribe, in violation of the constitutional mandate of separation of powers. After review, the Court of Appeals concluded the CEQA did not apply here, and that the Governor’s concurrence did not violate the separation of powers clause. Accordingly, the Court affirmed. View "United Auburn Indian Community of Auburn Rancheria v. Brown" on Justia Law

A developer sought approval from the City of San Ramon to build 48 townhouses on two parcels. Because an analysis showed that the cost to the city of providing services to the new development would exceed the revenue generated by the project, the city conditioned its approval on the developer providing a funding mechanism to cover the difference. Using California’s Mello-Roos Act, the developer petitioned the city to create a “community facilities district” and then, as landowner, voted to approve a tax within the district to raise the necessary revenue. Building Industry Association-Bay Area unsuccessfully challenged the validity of the tax. The court of appeal affirmed. The tax will provide “additional services” to meet increased demand for existing services resulting from the townhouse development and meets the requirements of the Mello-Roos Act; the tax is a special (and not a general) tax because it is imposed for specific purposes and not for general governmental purposes, and therefore meets the requirements of the California Constitution; and the property owners’ constitutional and statutory rights are not burdened by an ordinance explaining that the services funded by the special tax will not be provided by the city if the tax is repealed. View "Bldg. Indus. Ass'n of the Bay Area v. City of San Ramon" on Justia Law

In 2013, City of Los Angeles planning officials approved Kalnel’s proposed project to tear down a two-story, three-unit apartment building in the Venice area. After the City decided to halt the project, Kalnel petitioned for a writ of administrative mandate seeking to overturn the City's decision. The trial court denied the petition and Kalnel appealed. The court dismissed the appeal in part as to Kalnel's cause of action based on the Housing Accountability Act (HAA), Gov. Code, 65590, because Kalnel did not seek appellate review by way of a writ petition as required by that statute. The court affirmed as to the remaining causes of action because there is substantial evidence that the proposed project violated the visual and scenic elements requirement of the California Coastal Act, Pub. Resources Code, 30000, et seq., and because the Coastal Act takes precedence over statutes awarding density and height increase bonuses for proposed residential developments that include affordable housing units. View "Kalnel Gardens v. City of L.A." on Justia Law

Croft appealed the superior court's order denying their petition for a writ of mandamus to compel the City to return fees it collected when Croft applied for building permits. As an initial matter, the court concluded that Croft's facial challenge is time barred pursuant to Government Code section 65009, subdivision (c)(1)(B)-(C) where Croft raised its challenge more than 90 days after the City enacted the Ordinance and adopted the fee schedule. The court also concluded that Croft’s as-applied challenge improperly places the burden on the City and incorrectly states how the fee must be reasonable. In this case, the reasonableness test applies to the creation of the fee schedule, not its application. Croft mischaracterizes the nature of the reasonableness inquiry and does not present evidence relating to the correct inquiry; even if it had, the claim related to such an inquiry would be facial and time barred. Finally, the court concluded that the City correctly calculated the parks and recreation fee; Croft abandoned its traffic fees claim on appeal; and the City collected the fees at an appropriate time. Accordingly, the court affirmed the judgment. View "616 Croft Ave., LLC v. City of West Hollywood" on Justia Law

Plaintiffs (landlords), challenged San Francisco Planning Code 317(e)(4) as conflicting with the Ellis Act of 1985, Government Code section 7060, which protects property owners’ right to exit the residential rental business. The ordinance was enacted in 2013 in response to a growing concern by the Board of Supervisors (and others) about the shortage of affordable local housing and rental properties. Under section 317(e)(4), certain residential property owners (those undertaking no-fault evictions) including “Ellis Act evictions” were subject to a 10-year waiting period after withdrawing a rental unit from the market before qualifying to apply for approval to merge the withdrawn unit into one or more other units. The trial court found that the ordinance impermissibly penalized property owners for exercising their rights under the Ellis Act and was facially void on preemption grounds. The court of appeal affirmed, rejecting an argument that the plaintiffs lacked standing. Section 317(e)(4) is preempted by the Ellis Act to the extent it requires a landlord effectuating a no-fault eviction to wait 10 years before applying for a permit to undertake a residential merger on the property. View "San Francisco Apartment Ass'n v. City & Cnty.. of San Francisco" on Justia Law

Citizens petitioned for a writ of mandate pursuant to the California Environmental Quality Act, Pub. Resources Code, 21000 et seq., alleging several defects in the environmental documents the city certified when it approved a development project. The trial court denied the petition and Citizens appealed. The court affirmed the trial court's decision and rejected Citizens' arguments that: (1) The environmental impact report (EIR) certified by the city did not mandate adequate mitigation measures for the urban decay impact of the project; (2) the EIR did not sufficiently analyze the project's impacts on landfill and recycling facilities and did not mandate adequate mitigation measures for those impacts; (3) the EIR failed to contain adequate information correlating the project's air pollution impacts with resulting effects on human health; and (4) the city's statement of overriding considerations, a document that explains how the project's benefits will outweigh its significant and unavoidable environmental impacts, was not supported by substantial evidence. However, the court reversed as to Wal-Mart's appeal on the cost of preparing the administrative record, concluding that the trial court's application of Hayward Area Planning Assn. v. City of Hayward was erroneous. View "Citizens for Ceres v. City of Ceres" on Justia Law

In 1975, TNMC purchased property in Cazadero, for use as a monastery and retreat center, including the printing of sacred Buddhist texts in the Tibetan language for shipment to Asia and free distribution to Buddhist practitioners whose libraries have been destroyed by Chinese authorities. In 1983, the county approved a conditional use permit for Timberhill, a Cazadero resort within an area designated as Resources and Rural Development in the county’s general plan. Timberhill’s permit allowed construction of a lodge, a dining room, and 15 guest cabins. In 2000, the county adopted a mitigated negative declaration (MND), allowing five additional cabins, a new dining room and other guest facilities, and 10 staff dwelling units. In 2004, TNMC purchased Timberhill and designated it as the Ratna Ling Retreat Center. The county adopted an MND in lieu of a formal environmental impact report, approving a third master use permit for expansion of the Center. Opponents filed suit under the California Environmental Quality Act, maintaining that an EIR was required because the proposed project greatly expands an existing printing operation and that the approval violated the general plan and zoning provisions. The trial court and court of appeal rejected the arguments, finding that the approvals did not constitute spot zoning and that the county imposed adequate mitigation measures. View "Coastal Hills Rural Pres. v. County of Sonoma" on Justia Law

The Permanente Quarry is a 3,510-acre surface mining operation, producing limestone and aggregate for the manufacture of cement, in unincorporated Santa Clara County. The Quarry has been in existence since 1903. The Santa Clara County Board of Supervisors conducted a review under the California Environmental Quality Act (CEQA), Pub. Resources Code section 21000, certified an environmental impact report, and, in 2012, approved a reclamation plan amendment for closing and reclaiming the Quarry’s mining operations over a 20-year period. Opponents challenged the approval, asserting claims under the Surface Mining and Reclamation Act (SMARA), Pub. Resources Code section 2710, and CEQA. The trial court and court of appeal affirmed the approval, upholding a determination that the reclamation plan amendment satisfied SMARA’s regulatory standards for water quality and wildlife habitat. Statements by the Office of Mining Reclamation were properly considered by the county and provided substantial evidence to support the county’s findings. The county’s findings regarding the direct and indirect environmental impacts from the reclamation plan amendment were sufficient under CEQA. View "Bay Area Clean Env't, Inc. v. Santa Clara Co" on Justia Law

The People filed a nuisance abatement action against defendants, alleging that Weedland was an illegal medical marijuana business under the City of Los Angeles Municipal Code, and seeking an injunction against the continuing operation of Weedland. The trial court found that Weedland did fall under the statute, and therefore the People showed a likelihood of prevailing. The court affirmed the trial court's issuance of a preliminary injunction, concluding that the applicable Municipal Code section broadly defines a “medical marijuana business” as any location where medical marijuana is “distributed, delivered, or given away.” Weedland is a location that distributes medical marijuana to its “members,” and is therefore a medical marijuana business as defined in the Municipal Code. View "People ex rel. Feuer v. FXS Mgmt." on Justia Law