• Land Use Attorney Capitola

Posts Tagged ‘land use’

CASE UPDATE: Court Affirms Coastal Commission’s Authority to Issue Cease, Desist and Restoration Orders Regarding Extensive Development in the Coastal Zone Conducted Without Coastal Development Permits..

Hagopian v. State (2nd Dist. 2014), 2014 WL 265517, involved a challenge to Coastal Commission permitting and enforcement authority brought by egregious Coastal Act violators. The plaintiffs purchased undeveloped coastal zone property in the Santa Monica Mountains in Los Angeles County (“Parcel 24”).  At the time, L.A. County did not have a certified Local Coastal Program, and so the Coastal Commission was the coastal development permit issuing authority.

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CASE UPDATE: EIR For Redevelopment Of Treasure Island Complied With CEQA As A Planning-Level EIR Even Though It Was Called A “Project EIR”.

In Citizens for a Sustainable Treasure Island v. City of County of San Francisco, (1st Dist. 2014) 2014 WL 3057986, the court affirmed the City and County of San Francisco’s approval of a new, 20-year master plan for the total redevelopment of Treasure Island and Yerba Buena Island. Petitioner’s main argument on appeal was that the City prejudicially abused its discretion by preparing a project EIR instead of aprogram EIR; the subject EIR characterized itself as a “project EIR” that analyzed all phases of the Project at maximum build out.

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New CEQA Cases

In Tuolumne Jobs & Small Business Alliance v. Superior Court, (2014) 59 Cal.4th 1029, the California Supreme Court held that CEQA review is not required when a local government entity adopts a voter submitted land use initiative directly (and without the need for a public vote), just as CEQA review is not required before voters adopt an initiative at an election.

In Rominger v. County of Colusa, (2014) 229 Cal.App.4th 690, the court held that the approval of a tentative subdivision map was subject to CEQA review categorically – even if a specific development project was yet to be planned. The court further held that CEQA procedural errors (in this case, failure to post public notice of the County’s intent to adopt a mitigated negative declaration (MND) for the full 30 days) constituted abuse of discretions, but such errors are not grounds for reversal unless they are shown to be prejudicial. The court held that the 27-day notice period in this case was not prejudicial. Also, the court rejected arguments that an EIR (as opposed to an MND) was required to address potential agricultural, odor, noise, air quality, greenhouse gas and water supply impacts, but the court agreed that an EIR was required to address potential traffic issues.

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
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