Justia Zoning, Planning & Land Use Opinion Summaries

The case involves the Westside Los Angeles Neighbors Network (appellant) challenging actions taken by the Los Angeles City Planning Commission (CPC) in March 2018 to implement parts of the Westside Mobility Plan. This plan aims to address congestion and mobility issues in the western part of Los Angeles. The appellant argued that the CPC’s actions did not comply with the California Environmental Quality Act (CEQA) and sought to invalidate them.The Los Angeles County Superior Court reviewed the case and rejected most of the appellant’s contentions, denying the petition. The court found that the CPC was a decision-making body authorized to certify the Environmental Impact Report (EIR) and that substantial evidence supported the City’s determination that the Streetscape Plan was categorically exempt from CEQA. The court also found that the EIR was legally adequate.The California Court of Appeal, Second Appellate District, Division Four, reviewed the case. The court affirmed the lower court’s decision, holding that the CPC was authorized to certify the EIR as it was a decision-making body for the project. The court also found that the Streetscape Plan was categorically exempt from CEQA under Guidelines section 15301, which covers minor alterations to existing public structures. The court concluded that the appellant did not demonstrate that the Streetscape Plan fell within any exceptions to the categorical exemptions. Additionally, the court held that the EIR’s analysis of growth-inducing impacts was adequate and that the City had ensured that mitigation measures would be implemented.The judgment of the Superior Court was affirmed, and the City of Los Angeles was awarded costs on appeal. View "Westside Los Angeles Neighbors Network v. City of Los Angeles" on Justia Law

The case involves the Old Creek Ranch Winery, owned by Holguin Family Ventures, LLC, and leased by OCRW, Inc. The Ventura County Board of Supervisors found that the appellants violated the Ventura County Non-Coastal Zoning Ordinance by expanding the winery and wine-tasting area without a conditional use permit (CUP) and changing the principal use of the ranch from crop production to a wine tasting/event venue. The Board also denied their request for zoning clearance for a paved parking lot and electric vehicle charging stations.The trial court upheld the Board's decision, applying the substantial evidence standard of review. The court found that the appellants had converted the property’s principal use from crop and wine production to a commercial wine bar and event space. The court also denied appellants' motion to amend their complaint to add a new cause of action for declaratory relief and dismissed their remaining cause of action for inverse condemnation.The California Court of Appeal, Second Appellate District, reviewed the case and affirmed the trial court's judgment. The appellate court agreed that the substantial evidence standard was appropriate and found that substantial evidence supported the Board's decision. The court also upheld the trial court's denial of the motion to amend the complaint, concluding that the proposed new cause of action was unnecessary and that the delay in filing the motion was unjustified. Additionally, the court ruled that the Outdoor Events Ordinance did not apply to the winery, as it was separately regulated under the Non-Coastal Zoning Ordinance.The main holding is that the substantial evidence standard of review was correctly applied, and substantial evidence supports the Board's findings of zoning violations and the denial of the zoning clearance for the parking lot and charging stations. The trial court did not abuse its discretion in denying the motion to amend the complaint. The judgment was affirmed. View "Holguin Family Ventures v. County of Ventura" on Justia Law

The case involves the proposed development of the Betabel Project by the McDowell Trust, which includes a large commercial roadside attraction in San Benito County. The County's Board of Supervisors certified an Environmental Impact Report (EIR) and approved a conditional use permit for the project. The Center for Biological Diversity and the Amah Mutsun Tribal Band opposed the project, arguing that the EIR violated the California Environmental Quality Act (CEQA) and that the project approval violated state planning and zoning laws. They filed a petition for a writ of mandate to challenge the project approval.The San Benito County Planning Commission initially approved the project and filed a Notice of Determination (NOD) on October 14, 2022. The Center and the Amah Mutsun Tribal Band appealed this decision to the County Board of Supervisors, which denied the appeals and filed a second NOD on November 10, 2022. The trial court sustained the McDowell Trust's demurrer, agreeing that the CEQA causes of action were time-barred because the petitions were filed more than 30 days after the first NOD.The California Court of Appeal, Sixth Appellate District, reviewed the case and concluded that the trial court erred. The appellate court determined that the 30-day limitations period for filing a CEQA challenge began with the second NOD filed on November 10, 2022, following the final decision by the Board of Supervisors. The court emphasized that the Planning Commission's decision was not final due to the timely appeals. Therefore, the writ petitions filed on December 9, 2022, were within the 30-day period. The appellate court reversed the judgments of dismissal and remanded the case to the trial court with directions to overrule the demurrer. View "Center for Biological Diversity v. County of San Benito" on Justia Law

In September 2020, CloudKitchens applied for a zoning clearance from the City of Oakland to convert a wood shop into a commercial kitchen. The facility, measuring approximately 14,000 square feet, was classified as "Light Manufacturing" under the Oakland Municipal Code (OMC) because it involved food production exceeding 10,000 square feet. The City’s Planning Department issued the zoning clearance and a subsequent building permit for renovations. In April 2021, local neighborhood associations learned of the project and requested the City reconsider the zoning classification, arguing it was essentially a fast-food restaurant, which was not permitted in the zone. The Planning Department denied the request, maintaining the classification was correct.The neighborhood associations filed a formal complaint requesting a revocation review process, which the Planning Department also denied, stating the classification was consistent with similar uses and that there was no substantial evidence of a nuisance. An independent hearing officer affirmed this decision, noting that the Enforcement Regulations under chapter 17.152 were not intended to revisit zoning determinations. The hearing officer also found the classification as "Light Manufacturing" to be supported by sufficient evidence. The associations then petitioned for a writ of mandate in the Alameda County Superior Court, which was denied. The court held that chapter 17.152 did not provide a legal basis to challenge the prior zoning determination.The California Court of Appeal, First Appellate District, reviewed the case and affirmed the lower court's decision. The court held that chapter 17.152 of the OMC does not authorize challenges to zoning determinations, which are governed by chapter 17.132. The court found that the neighborhood associations' appeal was time-barred under the specific procedures outlined in chapter 17.132, which requires appeals to be filed within ten days of the Planning Department's decision. The court concluded that the Enforcement Regulations could not be used to challenge the initial zoning classification. View "San Pablo Ave Golden Gate Improvement Assn v. City Council Oakland" on Justia Law

A developer proposed constructing a 12-unit residential condominium in downtown Lafayette, California, on a parcel mostly occupied by a vacant, dilapidated convalescent hospital. The City of Lafayette determined the project was exempt from the California Environmental Quality Act (CEQA) review, classifying it as infill development. Nahid Nassiri, who owns an adjacent office building, challenged this decision, arguing the site had value as habitat for rare species and that the project would significantly affect air quality.The Contra Costa County Superior Court initially granted Nassiri's petition, finding insufficient evidence to support the City's determination that the site had no value as habitat for rare species. However, the court rejected Nassiri's other claims regarding general plan consistency, air quality effects, and mitigation measures. The developer and the City filed a motion for a new trial, arguing that the project site, as defined by recent case law, did not include the area with potential habitat. The trial court granted the motion, leading to the denial of Nassiri's petition.The California Court of Appeal, First Appellate District, reviewed the case. The court found substantial evidence supporting the City's determination that the project site had no value as habitat for rare species, specifically the oak titmouse and Nuttall’s woodpecker. The court also upheld the City's finding that the project would not significantly affect air quality, dismissing Nassiri's reliance on a health risk assessment that did not accurately reflect the project's construction characteristics. Lastly, the court declined to address the "unusual circumstances" exception to the CEQA exemption, as Nassiri did not properly raise this issue in the trial court. The judgment was affirmed. View "Nassiri v. City of Lafayette" on Justia Law

The Regents of the University of California (Regents) approved the construction of a new hospital at the University of California San Francisco (UCSF) Parnassus Heights campus. The Parnassus Neighborhood Coalition (the Coalition), a group of local property owners, sued to halt the construction, arguing it would violate local building height and bulk restrictions. The Regents countered that as a state entity, they were immune from local building and zoning regulations when engaging in governmental activities, such as constructing university buildings. The trial court disagreed, ruling that the question of whether the construction constituted a governmental or proprietary activity could not be resolved at this stage.The trial court concluded that the Regents' immunity depended on whether the proposed construction was a governmental or proprietary activity, a question of fact that could not be resolved on a demurrer. The court further concluded that the exemption only applies when a project is solely for educational purposes. The Regents petitioned for a writ of mandate to vacate the trial court’s order.The Court of Appeal of the State of California First Appellate District Division Three reviewed the case. The court held that the proposed hospital would facilitate the provision of clinical services, thereby advancing UCSF’s academic mission and the Regents’ educational purpose, which is a governmental activity. Therefore, the project falls within the Regents’ broad public purpose, and the Regents are exempt from the local regulations at issue. The court concluded that the demurrer should have been sustained and issued the writ of mandate. The court also ordered modifications to the published opinion filed on June 13, 2024, but there was no change in the judgment. View "Regents of the University of Calif. v. Super. Ct." on Justia Law

In September 2020, CloudKitchens applied to the City of Oakland's Planning Department for a zoning clearance to convert a wood shop into a commercial kitchen. The proposed facility was described as a compartmentalized commercial kitchen for take-out services only, measuring roughly 14,000 square feet. The facility is located in a Housing and Business Mix-1 Commercial Zone (HBX-1 zone), which permits certain industrial activities classified as "Light Manufacturing." The Planning Department issued CloudKitchens a zoning clearance and later a building permit allowing renovations.In April 2021, the San Pablo Avenue Golden Gate Improvement Association, Inc., and Oakland Neighborhoods For Equity (Neighbors) learned of CloudKitchens's plans. They sent a letter to the City Administrator requesting that the City reconsider its approval of CloudKitchens as qualifying for HBX-1 classification. The City's Zoning Manager responded, maintaining that the decision was proper. In July, Neighbors filed a formal complaint requesting the Planning Department initiate a revocation review process. They alleged that CloudKitchens will become a nuisance due to increased traffic, air pollution, and noise, and that the commercialized kitchen is essentially a Fast-Food Restaurant not permitted in an HBX-1 zone. The Planning Department denied the request.Neighbors then petitioned for a writ of mandate in the trial court. Following a hearing, the trial court affirmed, holding that chapter 17.152 “does not create a legal basis to challenge a prior zoning determination made by the City.” Neighbors appealed.The Court of Appeal of the State of California First Appellate District Division Four affirmed the trial court's decision. The court held that chapter 17.152 does not provide a legal basis to challenge the Planning Department’s interpretations and determinations of the zoning regulations, including use classifications and zoning clearances. The court also noted that the Enforcement Regulations still permit Neighbors to seek a revocation hearing for any nonconforming uses (or nuisances) if they arise. However, the Enforcement Regulations do not allow members of the public to challenge use classifications or zoning determinations outside the procedures prescribed in chapter 17.132. View "San Pablo Ave. Golden Gate Improvement Assn. v. City Council of Oakland" on Justia Law

The case revolves around the Casa Blanca Beach Estates Owners’ Association (Casa Blanca) and its dispute with the County of Santa Barbara (County) and the California Coastal Commission (Commission). Over 30 years ago, the County approved the development of a 12-lot oceanfront subdivision in Carpinteria, managed by Casa Blanca. One of the conditions for approval was the construction of a public beach access walkway. The County accepted the offer to dedicate the walkway in 2011. In 2017, the County and Commission alleged that Casa Blanca had missed the deadline to construct the walkway. Casa Blanca submitted construction plans but was told it needed a coastal development permit from the Commission. The Commission deemed the application incomplete, leading to a series of unsuccessful attempts to complete the application.The trial court found that Casa Blanca had failed to exhaust its administrative remedies. The court granted the County's motion for summary judgment on all causes of action and denied Casa Blanca's. The court found that the offer to dedicate had been timely accepted by the County. As for the second cause of action seeking a determination regarding the deadline for Casa Blanca to construct the walkway, the court found it had no jurisdiction because Casa Blanca had failed to exhaust administrative remedies. The Commission demurred on grounds Casa Blanca failed to exhaust administrative remedies. The trial court sustained the demurrer without leave to amend and entered judgment in favor of the County and Commission.The Court of Appeal of the State of California Second Appellate District Division Six affirmed the trial court's decision. The court found that Casa Blanca's action was not ripe because it had failed to exhaust its administrative remedies. The court also disagreed with Casa Blanca's argument that the exhaustion doctrine does not apply to its claim for declaratory relief under Code of Civil Procedure section 1060. The court concluded that a party may not evade the exhaustion requirement by filing an action for declaratory or injunctive relief. View "Casa Blanca Beach Estates Owners’ Assn v. County of Santa Barbara" on Justia Law

This case involves a dispute between neighbors over alleged violations of the Los Angeles Municipal Code (LAMC) related to landscaping and hedges. The plaintiffs, Thomas and Lisa Schwartz, claimed that their neighbors, Charles and Katyna Cohen, maintained landscaping and hedges on their property in violation of certain provisions of the LAMC. The Schwartzes sought redress for these alleged violations based on section 36900, subdivision (a) of the California Government Code, which states that a violation of a city ordinance may be redressed by civil action. The Schwartzes relied on a prior court decision, Riley v. Hilton Hotels Corp., which interpreted this provision as allowing any private citizen to sue to redress violations of municipal ordinances.The trial court overruled the Cohens' demurrer to the second and third causes of action, which were based on the alleged LAMC violations. The court applied the Riley decision and concluded that the Schwartzes could assert private causes of action for violations of the LAMC. The Cohens petitioned the Court of Appeal for a writ of mandate, arguing that the Riley decision was wrongly decided and that section 36900, subdivision (a) does not create a private right of action.The Court of Appeal of the State of California Second Appellate District Division Four agreed with the Cohens. The court found that the language of section 36900, subdivision (a) is ambiguous and that its legislative history shows that the Legislature did not intend to afford members of the public the right to bring suit to redress violations of local ordinances. The court concluded that the trial court erred by overruling the Cohens' demurrer to the second and third causes of action. The court issued a peremptory writ of mandate ordering the trial court to vacate the portion of its order overruling the Cohens' demurrer to these causes of action and to enter an order sustaining their demurrer without leave to amend. The court also overruled the Riley decision to the extent that it recognized a private right of action under section 36900, subdivision (a). View "Cohen v. Super. Ct." on Justia Law

The Regents of the University of California (Regents) approved the construction of a new hospital at the University of California San Francisco (UCSF) Parnassus Heights campus. The proposed hospital was alleged to exceed local building height and bulk restrictions. The Parnassus Neighborhood Coalition (the Coalition), a group of property owners residing near the proposed hospital, sued to halt the construction, claiming it was a “threatened nuisance per se.” The Regents argued that as a state entity, they were immune from complying with local building and zoning regulations when engaging in a governmental activity such as constructing university buildings.The trial court disagreed with the Regents, concluding that their immunity depended on whether the proposed construction constituted a governmental or proprietary activity, a question of fact that could not be resolved on a demurrer. The Regents petitioned for a writ of mandate to vacate the trial court’s order.The Court of Appeal of the State of California First Appellate District Division Three reviewed the case. The court concluded that the proposed hospital would facilitate the provision of clinical services, thereby advancing UCSF’s academic mission and the Regents’ educational purpose, which is a governmental activity. The court held that the Regents are exempt from the local regulations at issue, and the demurrer should have been sustained. The court issued the writ of mandate, directing the trial court to vacate its order denying the Regents’ demurrer and to enter a new order sustaining the demurrer. View "The Regents of the University of California v. Superior Court" on Justia Law