Justia Zoning, Planning & Land Use Opinion Summaries

Cal-Am, an investor-owned utility that supplies water to much of the Monterey Peninsula, was subject to a state order to cease its decades-long overuse of certain water sources. Cal-Am sought to comply by drawing seawater and brackish water from coastal aquifers for desalination. The California Public Utilities Commission (CPUC), acting under the California Environmental Quality Act (CEQA, Pub. Resources Code, 21050), certified a final environmental impact report (EIR), and granted Cal-Am a Certificate of Public Convenience and Necessity. The City denied Cal-Am coastal development permits to install the intake wells. Cal-Am appealed to the California Coastal Commission.The County approved a permit to construct the desalination plant in unincorporated Monterey County. Marina Coast Water District challenged that approval, arguing that the County violated CEQA by failing to prepare a subsequent or supplemental EIR and adopting an unsupported statement of overriding considerations, and violated its own general plan by approving a project that lacked a long-term sustainable water supply. The trial court ruled that the County was not required to prepare another EIR and did not violate its own general plan, but unlawfully relied on the water-related benefits of the desalination plant in its statement of overriding considerations without addressing the uncertainty introduced by the City’s denial of the coastal development permit. The court of appeal reversed; the County’s statement of overriding considerations was supported by substantial evidence and any remaining deficiency in the statement was not prejudicial. View "Marina Coast Water District v. County of Monterey" on Justia Law

Petitioners Debbie Leo d/b/a Miller Lake Retreat, LLC, Larinda McClellan, Louise Redman Trust, Walter Myrl Redman, and Kenneth Roberts appealed a district court's order affirming the Oklahoma Water Resources Board's (the OWRB) final order granting a permit to The City of Oklahoma City (the City) to divert stream water from the Kiamichi River in Pushmataha County, Oklahoma. The City cross-appealed the district court's order denying its motion to dismiss Petitioners' petition for judicial review for lack of subject matter jurisdiction. The City contended Petitioners' failure to name the City as a respondent in their petition for judicial review of the OWRB's order was a fatal, jurisdictional flaw under the Oklahoma Administrative Procedures Act, (OAPA). The Oklahoma Supreme Court held that 75 O.S.2011, § 318(B)(2) required that the agency (here, the OWRB) be named as a respondent in the caption of the petition for review for the district court to acquire jurisdiction to review a final agency order. However, Section 318(B)(2) of the OAPA did not require the City be named as a respondent in the petition. Therefore, the district court's order finding it had jurisdiction to review the final agency order was affirmed. The Supreme Court further held the district court properly applied the Four Points of Law in O.A.C. § 785:20-5-4, including using the OWRB's calculation of available stream water and evaluation of beneficial use, which was based on substantial evidence in the record, with no findings of prejudicial error. Therefore, the district court's order affirming the OWRB's order was affirmed. View "Leo v. Oklahoma Water Resources Board" on Justia Law

UCSF's 107-acre Parnassus Heights campus currently accommodates two hospitals, various medical clinics, four professional schools, a graduate program, and space for research, student housing, parking, and other support uses. In 2014, UCSF prepared a long-range development plan for its multiple sites around San Francisco, to accommodate most of UCSF’s growth at the Mission Bay campus. There were concerns that the Parnassus campus was overwhelming its neighborhood. In 2020, UCSF undertook a new plan for the Parnassus campus with multiple new buildings and infrastructure resulting in a 50 percent net increase in building space over 30 years.An environmental impact report (EIR) was prepared for the Plan's initial phase (California Environmental Quality Act, Pub. Resources Code 21000, identifying as significant, unavoidable adverse impacts: wind hazards, increased air pollutants, the demolition of historically significant structures, and increased ambient noise levels during construction.The court of appeal affirmed the rejection of challenges to the EIR. The EIR considers a reasonable range of alternatives and need not consider in detail an alternative that placed some anticipated development off campus. The EIR improperly declines to analyze the impact on public transit, but the error is not prejudicial. The aesthetic effects of an “employment center project on an infill site within a transit priority area” are deemed not significant. The EIR is not required to adopt a mitigation measure preserving certain historically significant buildings and its mitigation measure for wind impacts is adequate. View "Yerba Buena Neighborhood Consortium, LLC v. Regents of the University of California" on Justia Law

The County of Santa Barbara (County) appealed from the entry of a preliminary injunction prohibiting its Road Commissioner from removing unpermitted encroachments placed in the public right of way along a portion of East Mountain Drive in Montecito. The County filed a cross-complaint alleging causes of action for public nuisance and trespass against respondents. The trial court issued a preemptory writ that suspends all efforts by County to enforce the right-of-way encroachments.   The Second Appellate District concluded that the trial court erred because Respondents are not correct on the merits of their CEQA claim and will not be irreparably harmed by the removal of encroachments installed without permits in the public right of way of an existing road. The County Road Commissioner is authorized by statute and local ordinance to remove any encroachment on a public right of way. The court explained that Respondents will suffer no irreparable harm because a party suffers no grave or irreparable harm by being prohibited from violating the law. View "Anderson v. County of Santa Barbara" on Justia Law

The Draft Environmental Impact Report (EIR) prepared (California Environmental Quality Act (CEQA) Pub. Resources Code, 21000) for Santa Rita’s West Area Specific Plan did not discuss or analyze any potential off-site impacts flowing from an assumption that contemplated new schools would never be built. The school districts contended that they would never receive sufficient funding for the new facilities, and would have to accommodate new students from Specific Plan developments at existing school sites or by other means. The Project identified locations for new schools and the EIR addressed anticipated off-site impacts of development at those sites. The City imposed developer impact fees for the Project under Education Code 17620, deemed complete mitigation under CEQA. The City maintained that information relayed by the Districts amounted to no more than speculation, not requiring further review. After the City approved the Project, the Districts filed suit.The court of appeal concluded that the Final EIR complied with CEQA and properly assumed that the contemplated new schools would be built as part of the Specific Plan and Project. The City was not required to analyze any potentially significant off-site impacts of ill-defined, generalized, and speculative alternatives to new-school construction offered by the District The Districts’ expressed concerns about a perennial lack of sufficient funding without providing more detailed information or identifying a specific alternative plan to address this possibility—for which they, not the City, would be responsible—amounted to speculation. View "Santa Rita Union School District v. City of Salinas" on Justia Law

In the first appeal arising from Plaintiff-respondent Margaret McCann’s dispute with the City of San Diego over the City’s environmental review process of a project to convert overhead utility wires to an underground system in several neighborhoods, she alleged the City violated the California Environmental Quality Act (CEQA) by failing to properly consider the environmental impact of two underground projects. The Court of Appeal concluded the City’s review process was incomplete as to one project (MND Project) because the City failed to analyze whether they were consistent with the City’s Climate Action Plan. The judgment was reversed and the case remanded for the trial court to issue a peremptory writ of mandate ordering the City of set aside three resolutions that approved the projects. After remand, the trial court also ordered it would retain jurisdiction over the matter until the City complied with the relevant provisions of the CEQA. The City rescinded the project approvals and asked the court to discharge the writ. McCann objected to the City’s return and argued the trial court should not discharge the writ because the City did not perform the relevant analysis or affirmatively indicate it abandoned the projects. The trial court sustained McCann’s objection and declined to discharge the writ. The City then appealed, arguing it fully complied with the courts’ mandates. After review, the Court of Appeal determined the City satisfied the writ, and therefore held the writ had to be discharged. View "McCann v. City of San Diego" on Justia Law

Three conservation groups challenged the U.S. Bureau of Land Management’s approval of Jonah Energy’s development project on state and federal land in Wyoming. The project was designed to drill exploratory wells on land for which Jonah possessed development rights. The conservation groups argued the district court erred in upholding the BLM’s approval under the National Environmental Protection Act and the Federal Land Polocy and Management Act. Specifically, they contended the BLM inadequately considered the impact of the project on the sage-grouse and pronghorn antelope migration and grazing patterns. The Tenth Circuit concluded the BLM adequately collected and considered information on the sage-grouse and pronghorn, and selected a development plan that met statutory requirements. View "Western Watersheds Project, et al. v. United States Bureau of Land Management, et al." on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of the Town of Exeter in this action seeking injunctive and declaratory relief challenging the Town's decision to amend its zoning ordinance, which prevented Plaintiff from developing three commercial solar-field projects in Exeter, holding that Plaintiff was not entitled to relief on its allegations of error.On appeal, Plaintiff challenged several aspects of the superior court's judgment denying Plaintiff's request to enjoin enforcement of an emergency moratorium ordinance preventing review of Plaintiff's solar-field projects and to declare that Plaintiff's solar-field projects were vested pursuant to R.I. Gen. Laws 45-24-44. The Supreme Court affirmed, holding that, under this Court's understanding of the relevant law, the trial court properly entered judgment in favor of the Town. View "Green Development, LLC v. Town of Exeter" on Justia Law

The City of Los Angeles (the City) approved a project at 1719-1731 North Whitley Avenue in Hollywood (the Project) that would replace 40 apartments subject to the City’s rent stabilization ordinance (RSO) with a hotel. The City determined the Project was exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines relating to certain development projects. The relevant guideline addresses what is often referred to as the “infill” exemption or the “Class 32” exemption. Respondent United Neighborhoods for Los Angeles (United Neighborhoods) sought a writ of mandate in the Los Angeles Superior Court, arguing, among other things, that the in-fill exemption does not apply because the Project is not consistent with a General Plan policy concerning the preservation of affordable housing. The trial court granted the writ, effectively halting the Project until the City was to find the Project is consistent with that policy or 148-159 undertakes CEQA review. The City and real parties in interest appeal.   The Second Appellate District affirmed the order granting the petition for writ of mandate. The court explained that the City’s suggestion that the Project’s consistency with the Framework Element implies consistency “with the entirety of the General Plan” because of the Framework Element’s foundational role assumes, contrary to authority, the Framework Element stands in perfect harmony with the General Plan. However, the court explained that although it affirms the trial court, it does not suggest that the City was necessarily required to make formal findings that Housing Element policies are outweighed by competing policies favoring the Project. View "United Neighborhoods for L.A. v. City of L.A." on Justia Law

Utility companies responsible for a planned electric transmission line asked the Fish and Wildlife Service (FWS) to allow construction across the Upper Mississippi River National Wildlife and Fish Refuge alongside an existing road and railroad. Rural Utilities Service completed an environmental impact statement under the National Environmental Policy Act (NEPA), 42 U.S.C. 4332(2)(C). FWS adopted the statement and issued a right-of-way permit.While litigation was pending, the utility companies sought to slightly alter the route and asked FWS to consider a land exchange. FWS discovered that it had relied on incorrect easement documents in issuing its original determination. It revoked the determination and permit but promised to consider the proposed land exchange. The district court ruled in favor of the environmental groups but declined to enjoin ongoing construction of the project on private land outside the Refuge.The Seventh Circuit vacated in part, first rejecting a mootness argument. FWS has revoked the compatibility determination but has not promised never to issue a new permit. However, FWS’s current position does not meet the criteria of finality. Whatever hardship the plaintiffs face comes not from FWS’s promise to consider a land exchange but from the Utilities’ decision to build on their own land, so the district court erred in reviewing the merits of the proposed land exchange. Plaintiffs’ request for relief against the Utilities under NEPA likewise is premature. Adopting the environmental impact statement did not “consummate” the decisionmaking process. View "Driftless Area Land Conservancy v. Rural Utilities Service" on Justia Law