by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court (citing Laurel Heights Improvement Association v. Regents of University of California, 47 Cal. 3d 376, […]
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by Rick McNeil and Colin Higgins Respondent the County of Fresno authorized the development of an approximately 1,000 acre master planned retirement community in an area zoned agricultural in north-central Fresno County. The project was challenged as being inconsistent with the general plan and the project’s EIR was challenged as providing insufficient detail regarding the […]
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by Rick McNeil and Colin Higgins In Citizens For A Green San Mateo, plaintiff (environment group) challenged the removal of more than 200 trees as part of upgrades to the College of San Mateo campus (“CSM”). Plaintiff filed a petition for writ of mandate, alleging that the tree removal was outside the scope of an […]
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Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California Environmental Quality Act (CEQA). Rick McNeil, Jon Frank and Connie Bak discuss how the California Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality […]
by Rick McNeil and Colin Higgins In Center for Biological Diversity, the California Department of Fish and Wildlife and the Army Corps of Engineers (“Department”) certified an EIR assessing the effects of a proposed conservation plan, resource management plan, streambed alteration agreement, and incidental take permits relating to the Newhall Ranch specific plan development. The […]
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by Rick McNeil and Colin Higgins In this case involving the interpretation of the Los Angeles Municipal Code and the Subdivision Map Act, Tower Lane Properties sought a grading permit from the City of Los Angeles for the construction of a three-residence family compound totaling approximately 35,000 square on three contiguous hillside lots totaling approximately […]
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In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the recently updated version of the industry standard that is commonly used to conduct Phase I environmental investigations that are undertaken […]
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by Rick McNeil and Colin Higgins In Lotus, the California Department of Transportation (CalTrans) proposed to adjust and upgrade the roadway alignment of a one-mile stretch of Route 101 that passes through Richardson Grove State Park, home to 300 feet tall and thousands of years old redwood trees. The purpose of the project was to […]
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by Rick McNeil and Colin Higgins Protect Agricultural Land involved a CEQA and a “reverse validation” challenge to the approval by the Stanislaus County Local Agency Formation Commission (“LAFCO”) of the proposed annexation by the City of Ceres of approximately 960 acres of land described in the West Landing Specific Plan (and also the modification […]
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by Rick McNeil and Colin Higgins The Foothill Communities case involved a “spot zoning” challenge to a senior residential housing project to be developed by the Roman Catholic Diocese of Orange. In this case, the trial court granted Foothill’s petition for a writ of mandate based on the contention that the “spot zoning” was impermissible. […]
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