Justia California Court of Appeals Opinion Summaries
Articles Posted in Zoning, Planning & Land Use
Old East Davis Neighborhood Assn. v. City of Davis
Trackside was a proposed mixed-use building project in the City of Davis, California, between the Downtown Core and Old East Davis, an older neighborhood. After the city council approved Trackside, plaintiff Old East Davis Neighborhood Association (“the Association”) petitioned for a writ of mandate, and the trial court found insufficient evidence supported the City’s finding that Trackside was consistent with applicable planning documents. The court specifically cited the lack of evidence that Trackside served as a “transition” from the Downtown Core to Old East Davis. On appeal, defendants City of Davis and City Council, along with real party in interest Trackside Center, LLC (“the City” and “Trackside”) challenged that ruling, contending the trial court applied the wrong legal standard in evaluating consistency with planning documents, and that substantial evidence supported the City’s finding that Trackside was consistent with applicable planning requirements and guidelines. After its review, the Court of Appeal concluded substantial evidence supported the City’s approval, and the Association’s contentions on cross-appeal lacked merit. The Court therefore reversed the judgment granting the petition for writ of mandate. View "Old East Davis Neighborhood Assn. v. City of Davis" on Justia Law
Protect Our Neighborhoods v. City of Palm Springs
As a vacation destination, the City of Palm Springs (City) has expressly allowed the short-term rental of a single-family dwelling, subject to various conditions designed to protect the interests of neighboring residents (as well as the City’s own interest in collecting transient occupancy taxes, a/k/a hotel taxes). In 2017, the City amended its short term rental ordinances, making specific findings that the amended ordinances were consistent with the City's Zoning Code. Meanwhile, Protect Our Neighborhoods (Protect), a membership organization opposed to short-term rentals, filed this action claiming among other things, that the 2017 version of the short-term rental ordinance (Ordinance) violated the City’s Zoning Code. The trial court disagreed and upheld the Ordinance. Protect appealed, but finding no reversible error, the Court of Appeal affirmed the trial court. View "Protect Our Neighborhoods v. City of Palm Springs" on Justia Law
Pappas v. State Coastal Conservancy
The Court of Appeal concluded that a purported "public access easement" granted to a state agency four decades ago by the owner of a large coastal parcel in Hollister Ranch is a property interest subject to selling and transferring restrictions under the California Coastal Act. In this case, the trial court correctly invalidated the State Defendants' settlement agreements with Hollister based on the Conservancy's violation of section 30609.5 of the Coastal Act.The court concluded that the trial court properly exercised its discretion when it allowed the Alliance to intervene; the trial court correctly overruled Hollister's demurrer to the Alliance's writ petition; the pending litigation exception to the Bagley-Keene Act did not excuse the Conservancy from adhering to the Coastal Act's restrictions on selling or transferring state lands; Section 30609.5 of the Coastal Act applied to the HROA Settlement and offer to dedicate; the trial court did not deprive Hollister of due process; challenges to the trial court's evidentiary rulings are unavailing; the trial court erred when it found Section 30609.5 did not apply to the Commission; and the trial court correctly ruled that the limitations period expired on the Alliance's Bagley-Keene Act cause of action. The court affirmed the trial court's judgment as to the Conservancy, but reversed as to the Commission, and remanded. View "Pappas v. State Coastal Conservancy" on Justia Law
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Zoning, Planning & Land Use
Save Civita Because Sudberry Won’t v. City of San Diego
The City of San Diego (City) certified an environmental impact report (EIR) for the “Serra Mesa Community Plan [SMCP] Amendment Roadway Connection Project” (Project) and approved an amendment to the SMCP and the City’s General Plan to reflect the proposed roadway. Save Civita Because Sudberry Won’t (“Save Civita”) filed a combined petition for writ of mandate and complaint for declaratory and injunctive relief (Petition/Complaint) against the City, challenging the City’s certification of the EIR and approval of the Project. Save Civita contended that the City violated the California Environmental Quality Act (“CEQA”), the Planning and Zoning Law, and the public’s due-process and fair-hearing rights. The trial court denied the Petition/Complaint in its entirety and entered a judgment in favor of the City. On appeal, Save Civita raised four claims related to the City’s certification of the EIR for the Project: (1) the City violated CEQA Guidelines section 15088.5, subdivision (g) in failing to summarize revisions made in the Project’s recirculated draft EIR (RE-DEIR); (2) the Project’s final EIR (FEIR) was deficient because it failed to adequately analyze, as an alternative to the Project, a proposal to amend the MVCP to remove the planned road from that community plan; (3) the FEIR is deficient because it failed to adequately analyze the Project’s traffic impacts; and (4) the FEIR failed to adequately discuss the Project’s inconsistency with the General Plan’s goal of creating pedestrian-friendly communities. In addition to its EIR / CEQA claims, Save Civita maintains that the Project will have a deleterious effect on the pedestrian-friendly Civita community and that the City therefore violated the Planning and Zoning law in concluding that the Project is consistent with the City’s General Plan. Finally, Save Civita maintains that the City acted in a quasi-adjudicatory capacity in certifying the FEIR and approving the Project and that a City Council member violated the public’s procedural due process rights by improperly advocating for the Project prior to its approval. Finding no reversible error, the Court of Appeal affirmed the trial court's judgment in favor of the City in its entirety. View "Save Civita Because Sudberry Won't v. City of San Diego" on Justia Law
Wall v. California Coastal Commission
The Court of Appeal concluded that Public Resources Code section 30610.8 requires payment of an in-lieu public access fee for each coastal development permit (CDP) applicable to Hollister Ranch. In this case, after the California Coastal Commission denied a CDP request from Jack Wall and the Wall Family Trust to build a pool and spa on their Hollister Ranch property, plaintiffs challenged the Commission's denial in a petition for writ of administrative mandate.The court concluded that plaintiffs have not shown that the Commission required public access to their property; the trial court correctly concluded that the California Coastal Act of 1976 requires payment of an in-lieu public access fee for approval of plaintiffs' CDP; and plaintiffs' alternative contention -- that even if the Coastal Act requires them to pay a $5,000 in-lieu public access fee for their CDP, imposing that requirement would be unconstitutional -- is waived. View "Wall v. California Coastal Commission" on Justia Law
Friends, Artists & Neighbors of Elkhorn Slough v. California Coastal Commission
Heritage sought to develop Monterey County property and obtained the requisite government approvals, including a coastal development permit. Objectors filed an appeal with the California Coastal Commission. Coastal Commission staff recommended denial of Heritage’s coastal development permit application primarily due to the lack of adequate water supply. At a public hearing, the Commission expressed disagreement with the staff’s recommendation and approved Heritage’s application. Staff then prepared written revised findings to support the approval. The revised findings were later adopted by the Commission.The trial court rejected a suit under the California Environmental Quality Act (CEQA, Pub. Resources Code 21000) and the California Coastal Act of 1976 (section 30000 ). The court of appeal reversed. The Commission failed to complete the requisite environmental review before approving Heritage’s permit application. The Commission did not complete an analysis of mitigation measures (including conditions for the project) or alternatives, as required under CEQA and its certified regulatory program, until the 2018 staff report was prepared, after the project was approved. View "Friends, Artists & Neighbors of Elkhorn Slough v. California Coastal Commission" on Justia Law
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Environmental Law, Zoning, Planning & Land Use
Award Homes, Inc. v. County of San Benito
Tax sharing agreements between the County of San Benito and the City of Hollister require the city to pay the county a fixed fee (the “Additional Amount”) for each residential unit constructed on land that is annexed into the city from the county. Plaintiff entered into development agreements with the city to build residential units on land subject to the city-county tax sharing agreements, and agreed to satisfy certain obligations from the tax sharing agreements, but sued the city and the county seeking a declaration that payment of the Additional Amount is not among plaintiff’s obligations.The court of appeal affirmed a defense judgment. The plaintiff agreed to pay the city the Additional Amount fees as part of the development agreements. Nothing in the tax sharing agreement suggests that obligations created by it would cease to exist merely because a project annexed during its effective period was not constructed until after the agreement expired. The court rejected the plaintiff’s argument that because the Additional Amount is an obligation of the city to the county under the tax sharing agreement, it cannot be a “Developer’s obligation.” The reference to “Developer’s obligations” in the development agreement did not mean only the capital improvement and drainage fees discussed in the tax sharing agreement; the term includes the Additional Amount. View "Award Homes, Inc. v. County of San Benito" on Justia Law
BMC Promise Way, LLC v. County of San Benito
A tax-sharing agreement between the County of San Benito and the City of Hollister requires the city to pay the county a fixed fee (Additional Amount) per residential unit constructed on land annexed into the city from the county during the period covered by that agreement. Plaintiff’s predecessor entered into an annexation agreement with the city, agreeing to comply with “all applicable provisions” of that tax sharing agreement. When the plaintiff purchased the annexed land and sought to develop it into subdivisions, the city informed the plaintiff that it was liable for the Additional Amount fees. Plaintiff paid the fees under protest, then sued, seeking a declaration of its rights and duties under various written instruments.The court of appeal affirmed a defense judgment. Plaintiff is contractually liable for the Additional Amount by the terms of the annexation agreement. Any challenge to the calculation of the Additional Amount is beyond the scope of a declaratory relief action and time-barred. The court rejected the plaintiff’s arguments that neither the annexation agreement nor the tax sharing agreement requires the plaintiff to pay the Additional Amount and that the fees violate the Mitigation Fee Act and federal constitutional constraints on development fees as monetary exactions. View "BMC Promise Way, LLC v. County of San Benito" on Justia Law
People v. Venice Suites, LLC
The People filed suit against Venice Suites for violation of the Los Angeles Municipal Code (LAMC) and for public nuisance, among other causes of action, alleging that Venice Suites illegally operates a hotel or transient occupancy residential structure (TORS).The Court of Appeal affirmed the trial court's grant of summary adjudication in favor of Venice Suites. As a preliminary matter, the court concluded that the People did not raise the issue of permissive zoning in their briefing but the court exercised its discretion to consider the issue on its merits. On the merits, the court concluded that the LAMC did not prohibit the length of occupancy of an apartment house in an R3 zone. Furthermore, the court concluded that the permissive zoning scheme does not apply to the length of occupancy, and the Rent Stabilization Ordinance and Transient Occupancy Tax Ordinance do not regulate the use of an apartment house. View "People v. Venice Suites, LLC" on Justia Law
Farmland Protection Alliance v. County of Yolo
Defendants Yolo County and its board of supervisors (collectively, the County) adopted a revised mitigated negative declaration and issued a conditional use permit to real parties in interest to operate a bed and breakfast and commercial event facility supported by onsite crop production intended to provide visitors with an education in agricultural operations (project). A trial court found merit in three of several arguments presented to challenge the decision, specifically finding substantial evidence supported a fair argument under the California Environmental Quality Act that the project may have had a significant impact on the tricolored blackbird, the valley elderberry longhorn beetle (beetle), and the golden eagle. The trial court ordered the County to prepare an environmental impact report limited to addressing only the project’s impacts on those three species. Further, the Court ordered the project approval and related mitigation measures would remain in effect, and the project could continue to operate. Plaintiffs-appellants Farmland Protection Alliance and Yolo County Farm Bureau appealed, contending the trial court violated the Act by: (1) ordering the preparation of a limited environmental impact report, rather than a full one, despite finding substantial evidence with respect to the three species; (2) finding the fair argument test was not met as to agricultural resource impacts; and (3) allowing the project to continue to operate during the period of further environmental review. Real parties in interest cross-appealed, arguing the trial court erred in finding substantial evidence supported the significant impacts on the three species. They requested an order vacating the judgment requiring the preparation of the limited environmental impact report (even though the limited environmental impact report was already certified by the County). The Court of Appeal concluded Public Resources Code section 21168.9 did not authorize a trial court to split a project’s environmental review across two types of environmental review documents. The trial court thus erred in ordering the County to prepare a limited environmental impact report after finding the fair argument test had been met as to the three species. In the unpublished portion of the opinion, the Court concluded the trial court did not err in: (1) upholding the County’s determination that the project was consistent with the Code and the Williamson Act; and (2) finding substantial evidence supported the projects effects on the beetle. Judgment was reversed requiring the preparation of a limited impact report, and the case remanded with directions to issue a peremptory writ of mandate directing the County to set aside its decision to adopt the revised mitigated negative declaration and to prepare a full environmental impact report for the project. View "Farmland Protection Alliance v. County of Yolo" on Justia Law