Justia California Court of Appeals Opinion Summaries

A nonprofit organization challenged the validity of the City of La Habra’s February 2023 revision to its housing element, arguing that the modifications were adopted by the City Manager rather than the City Council and without additional public hearings. The housing element, part of the city’s general plan, is subject to periodic revision and state review. In this instance, after several public meetings and hearings on earlier drafts, the City Council adopted the housing element in September 2022 and authorized the City Manager to make further technical or clerical changes necessary for state certification. The City Manager subsequently approved additional revisions in February 2023, which were submitted to and certified by the Department of Housing and Community Development.In the Superior Court of Orange County, the nonprofit filed a petition for writ of mandate, seeking to prohibit the City from treating the February 2023 version as validly adopted. The court denied the petition, finding that the City had met public participation requirements through hearings on prior drafts and online posting of the revised element. The trial court also ruled that the City Council validly delegated authority to the City Manager for minor revisions and determined that any procedural errors were harmless, as required by Government Code section 65010, subdivision (b).The California Court of Appeal, Fourth Appellate District, Division Three, affirmed the judgment. The court held that additional public hearings were not required for the February 2023 modifications since they constituted part of the ongoing revision and certification process, rather than a distinct amendment. It further held that the City Council’s delegation of authority to the City Manager was valid and consistent with local law. Finally, the court found no prejudicial error or substantial harm resulted from the process used, upholding the presumption of validity following state certification. The judgment was affirmed. View "Californians for Homeownership v. City of La Habra" on Justia Law

The case concerns the approval of the Giovannioni Logistics Center Project, a large warehouse development in the City of American Canyon, California. The project requires American Canyon to certify an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA), specifically addressing water supply issues since the city relies on outside sources, including water purchased from the neighboring City of Vallejo under a longstanding agreement. Vallejo’s water comes from the State Water Project and its own appropriative water right (License 7848). Vallejo objected to the EIR, asserting that it did not adequately disclose limitations on water availability, including place of use restrictions on License 7848 and ongoing contract litigation between the cities.Vallejo filed a petition for writ of mandate in Napa County Superior Court, later transferred to Sacramento Superior Court, contending that the EIR failed to meet CEQA and Water Code requirements regarding water supply disclosures and contingency planning. The trial court reviewed Vallejo’s arguments, which included claims that the EIR did not account for actual water delivered, failed to assess legal restrictions on water use, neglected the implications of curtailments during drought, and ignored the impact of contract disputes. After argument, the trial court denied Vallejo’s petition and entered judgment for American Canyon and the project developer, Buzz Oates LLC.The California Court of Appeal, Third Appellate District, affirmed the trial court’s judgment. It held that the EIR and water supply assessment complied with CEQA and the Water Code. The court found that the EIR provided sufficient detail about water supply sources and reliability, reasonably addressed foreseeable uncertainties, and did not require more specific disclosures or contingency planning absent evidence of insufficient supply. The court also concluded that any technical omissions were harmless and that Vallejo failed to demonstrate prejudice or a legal deficiency in the environmental review process. View "City of Vallejo v. City of American Canyon" on Justia Law

Craig and Michelle Opperman sought approval from their homeowners association to construct an accessory dwelling unit (ADU) by converting their garage and building a new garage on their property within a planned development managed by Portola Ranch Association. The Design Review Committee, lacking expertise on ADUs, referred the application to the Board of Directors. After retaining an independent consultant and reviewing the application, the Board denied the proposal, citing concerns about traffic and fire safety. During this period, adjacent property owners, Martin and Anna Eng, filed a quiet title action against the Oppermans regarding a non-exclusive easement affecting the area in front of the Oppermans’ garage.In response to the Engs’ action, the Oppermans filed a cross-complaint against the Association, asserting claims including breach of governing documents, breach of fiduciary duty, interference with business expectancy, and declaratory relief. The Portola Ranch Association moved for summary judgment, arguing its decision was protected by the business judgment rule and was within its authority under the governing documents. The Superior Court of San Mateo County granted summary judgment for the Association, finding that the Board acted properly and that the business judgment rule applied. The court later awarded attorney fees to the Association.The California Court of Appeal, First Appellate District, Division Two, reviewed the consolidated appeals. It applied de novo review and affirmed the trial court’s summary judgment. The appellate court held that the Board had authority under the Association’s governing documents to review and deny the ADU application based on safety concerns and that its decision was protected by the business judgment rule and the doctrine of judicial deference articulated in Lamden v. La Jolla Shores Clubdominium Homeowners Assn. The court further affirmed the award of attorney fees to the Association. View "Eng v. Opperman" on Justia Law

A city in California owned a downtown parking garage known as Garage 5, which was in poor condition and underutilized according to studies conducted in 2019 and 2022. The city had previously adopted a housing plan to identify public land suitable for housing development. In public meetings and study sessions throughout 2021 and 2022, city staff and consultants presented data showing declining demand for public parking and the high cost of necessary repairs to Garage 5. After further study and public comment, the city’s council passed a resolution in December 2022 declaring Garage 5 to be surplus land under the Surplus Land Act, provided that any future development retain at least 75 public parking spaces.The owner of nearby properties, Airport Business Center, filed a petition for writ of mandate and complaint for declaratory relief in Sonoma County Superior Court. The petitioner argued the city had violated the Surplus Land Act by declaring the garage surplus while there was still an ongoing need for public parking and contended that the city’s findings were not supported by the evidence. The Superior Court denied the petition, finding the city’s actions were not arbitrary or capricious, and that there was substantial evidentiary support for the resolution. A temporary stay was granted pending appeal, but the Court of Appeal denied a request for further stay.The California Court of Appeal, First Appellate District, Division Three, reviewed the case. It held that the Surplus Land Act’s requirement that property be “not necessary for the agency’s use” allows a city to designate property as surplus if it is not indispensable for agency operations, even if the property serves a public purpose like parking. The evidence supported the city’s determination, and the findings in the resolution satisfied statutory requirements. The appellate court affirmed the judgment, awarding costs to the city. View "Airport Business Center v. City of Santa Rosa" on Justia Law

A property owner in Los Angeles obtained a density bonus from the city in 2005, allowing him to build one additional housing unit beyond what zoning would otherwise permit, in exchange for agreeing to rent one of the units to low-income households for at least 30 years. This agreement was formalized and recorded against the property in 2006. The owner had previously taken out a mortgage, and the lender recorded its deed of trust against the property in 2005. After the owner defaulted, the lender foreclosed on the property in 2013. Several years later, new owners purchased the property, allegedly unaware of the recorded agreement requiring the low-income rental restriction.Following a notice from the City demanding compliance with the affordable housing agreement, the new owners filed suit in the Superior Court of Los Angeles County, seeking quiet title and declaratory relief. They argued that the affordable housing agreement, recorded after the original deed of trust, was a junior encumbrance extinguished by the foreclosure. The City countered that the agreement was a condition of a building permit and survived foreclosure. The trial court sustained the City’s demurrer without leave to amend, finding that the agreement was a covenant running with the land and survived foreclosure.On appeal, the California Court of Appeal, Second Appellate District, Division One, affirmed the trial court’s judgment. The appellate court held that the affordable housing agreement was equivalent to a “condition attached to a permit” under Government Code section 65009, subdivision (c)(1)(E), and thus survived foreclosure. Permit conditions that have not been timely challenged run with the land and remain enforceable against successor owners, even those who acquire the property through foreclosure. The court concluded that the plaintiffs failed to state a valid claim and were not entitled to amend their complaint. View "Rodriguez v. City of Los Angeles" on Justia Law

A group of plaintiffs leased a 2,400-acre parcel of undeveloped land in San Luis Obispo County, California, from the predecessor of the defendant, Eureka Energy Company. The lease, originally executed in 1968 and later novated, provided for a 99-year term with an option to renew for another 99 years. The property, known as Wild Cherry Canyon, was historically used for cattle grazing, but the lease itself stated that the premises could be used for “any lawful purpose.” The parties understood that cattle grazing would continue, primarily to reduce wildfire risk rather than for commercial livestock production. In 2018, the plaintiffs exercised their option to renew the lease, but Eureka asserted that the lease was limited to 51 years under California Civil Code section 717, which restricts leases for agricultural purposes.The Superior Court of San Luis Obispo County held a court trial and issued a detailed statement of decision. It found that the lease was for agricultural purposes, specifically cattle grazing, and concluded that section 717 applied, limiting the lease to 51 years. The court entered judgment for Eureka, declaring that the lease expired in 2019 and that the plaintiffs had no further interest in the property. The plaintiffs appealed, arguing that the lease was not for agricultural purposes within the meaning of section 717, given the fire prevention intent.The California Court of Appeal, Second Appellate District, Division Six, reviewed the case. It held that, although cattle grazing generally constitutes an agricultural purpose under section 717, the particular circumstances here—where grazing was intended for fire prevention and not for commercial agriculture—meant the lease was not for agricultural purposes as defined by the statute. The court reversed the trial court’s judgment, finding that the lease was valid beyond the 51-year limit and that the plaintiffs’ leasehold interest should not be forfeited. View "Pacho Limited Partnership v. Eureka Energy Co." on Justia Law

The case concerns the City of San Diego’s approval of a 2022 ballot measure to remove the longstanding 30-foot building height limit in the Midway-Pacific Highway Community Planning area. This height restriction, established by a 1972 voter initiative, was intended to preserve coastal views, community character, and mitigate issues such as congestion and pollution. In 2018, the City updated the community plan and prepared a program environmental impact report (PEIR) under the assumption that the height limit remained in effect. In 2020, the City attempted to remove the height limit via a ballot measure, but the measure was invalidated for failing to adequately consider environmental impacts as required by the California Environmental Quality Act (CEQA).Following the invalidation, the City prepared a supplemental environmental impact report (SEIR) and approved a second ballot measure in 2022. Save Our Access, a nonprofit, challenged this new measure, arguing that the City’s environmental review remained inadequate. The Superior Court of San Diego County denied Save Our Access’s petition for writ of mandate, finding that the City’s SEIR sufficiently addressed the environmental impacts by focusing on visual effects and neighborhood character, and by relying on the 2018 PEIR for other impact categories.On appeal, the California Court of Appeal, Fourth Appellate District, Division One, found that the City’s SEIR was inadequate under CEQA. The court held that the City failed to meaningfully analyze the environmental impacts of allowing buildings above 30 feet, such as effects on noise, air quality, biological resources, and geological conditions. The court concluded that relying on the prior PEIR and deferring analysis to future site-specific projects did not satisfy CEQA’s requirements. The judgment was reversed and remanded, with instructions to grant Save Our Access’s petition and direct the City to comply with CEQA. View "Save Our Access v. City of San Diego" on Justia Law

The California Department of Water Resources (DWR) planned to conduct preconstruction geotechnical work, such as soil and groundwater testing, in the Sacramento-San Joaquin Delta and Suisun Marsh as part of preparations for the Delta tunnel project, which aims to improve water conveyance and environmental protection. Various municipal, tribal, and public interest entities objected, arguing that DWR could not begin this work until it certified that the tunnel project was consistent with the Delta Plan, as required by the Sacramento-San Joaquin Delta Reform Act of 2009. The disputed geotechnical work included soil borings, groundwater monitoring, test trenches, and other activities intended to inform the project’s design and mitigation measures.The Superior Court of Sacramento County reviewed several related actions brought by these entities. The plaintiffs sought and obtained preliminary injunctions preventing DWR from conducting the preconstruction geotechnical work until it submitted a certification of consistency with the Delta Plan. The trial court found that the geotechnical work was an integral part of the tunnel project, which was a “covered action” under the Delta Reform Act, and concluded that DWR was required to certify consistency before initiating any part of the project, including the geotechnical work.On appeal, the California Court of Appeal, Third Appellate District, reversed the trial court’s orders. The appellate court held that the Delta Reform Act does not require DWR to submit a certification of consistency before engaging in preconstruction geotechnical work, distinguishing the requirements of the Delta Reform Act from those of the California Environmental Quality Act (CEQA). The court found that the geotechnical work was not itself a “covered action” under the Delta Reform Act and that the Act does not incorporate CEQA’s prohibition against “piecemealing.” The case was remanded for the trial court to reconsider the motions for preliminary injunction in light of this holding. View "Tulare Lake Basin Water Storage Dist. v. Dept. of Water Resources" on Justia Law

The case concerns the City of San Diego’s approval of a 2022 ballot measure to remove the longstanding 30-foot building height limit in the Midway-Pacific Highway Community Planning area. This height restriction, established by a 1972 voter initiative, was intended to preserve coastal views, community character, and environmental quality. In 2018, the City updated the community plan for the area, assuming the height limit remained in place. In 2020, the City attempted to remove the height limit via a ballot measure, but the measure was invalidated for failing to comply with the California Environmental Quality Act (CEQA), as the environmental impact report (EIR) did not analyze the effects of taller buildings.Following the invalidation of the first ballot measure, the City prepared a supplemental environmental impact report (SEIR) and approved a second ballot measure in 2022 to remove the height limit. Save Our Access, a nonprofit organization, challenged the City’s actions, arguing that the SEIR failed to adequately analyze the environmental impacts of allowing buildings taller than 30 feet, except for visual effects and neighborhood character. The Superior Court of San Diego County denied Save Our Access’s petition for writ of mandate, finding the City’s environmental review sufficient.On appeal, the California Court of Appeal, Fourth Appellate District, Division One, reviewed whether the City complied with CEQA’s requirements to inform the public and decisionmakers of the potential environmental impacts of removing the height limit, to identify mitigation measures, and to disclose reasons for approval despite significant impacts. The appellate court held that the City’s SEIR was inadequate because it failed to analyze the full range of environmental impacts associated with taller buildings, relying improperly on the 2018 EIR. The court reversed the lower court’s judgment, ordered the petition for writ of mandate to be granted, and directed the City to comply with CEQA. View "Save Our Access v. City of San Diego" on Justia Law

A property owner and developer challenged a city’s adopted housing element, which is a required component of a local general plan in California that must identify how the city will accommodate its share of regional housing needs, including for lower-income households. The city, a charter city, used a “residential overlay” zoning approach, superimposing new residential development rights over existing commercial and industrial zones, to identify sites for affordable housing. Some of these sites were nonvacant, including parking lots serving shopping centers and a site leased to a grocery store with contractual restrictions. The developer argued that the city’s approach did not comply with state law because it did not ensure that the identified sites would realistically be developed for lower-income housing.The Superior Court of Los Angeles County denied the developer’s petition for writ of mandate and entered judgment for the city. The trial court found that the city’s housing element constituted a “major change in allowable land use” under the city charter, but held that state housing law preempted the charter’s voter approval requirement. The court also found the city’s use of overlay zoning and its identification of nonvacant sites to be permissible under the Housing Element Law.On appeal, the California Court of Appeal, Second Appellate District, Division Three, reversed. The appellate court held that the city’s use of a residential overlay did not comply with Government Code section 65583.2(h)(2) because the overlay allowed development of identified sites without requiring any residential component, thus failing to meet the mandatory minimum density and residential use requirements. The court also found that the city failed to provide substantial evidence that one of the nonvacant sites, occupied by a grocery store with restrictive lease terms, was realistically available for redevelopment. The judgment was reversed and the case remanded with directions to issue a writ of mandate compelling the city to revise its housing element in compliance with state law. View "New Commune DTLA LLC v. City Redondo Beach" on Justia Law