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- CEQA -
The same bifurcated standard of review applicable to an agency's determination with respect to the "unusual circumstances" exception to the categorical exemptions of the California Environmental Quality Act guidelines also applies to the "location" exception. A municipal code ordinance requiring an administrative use permit for "the addition of a fifth bedroom to a parcel" requires a permit only when a bedroom is being added to an existing structure containing four bedrooms.
Berkeley Hills Watershed Coalition v. City of Berkeley (Wadlund) - filed Jan. 30, 2019, First District, Div. One
Cite as 2019 S.O.S. 492
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A challenge to a city's decision approving the removal of trees asserting violations of the city's planning and zoning law, the city's general plan, and the city's tree protection ordinance is subject to the statute of limitations in Government Code Sec. 65009(c)(1)(E). The claim asserted under the California Environmental Quality Act is governed by the statute of limitations in Public Resources Code Sec. 21167 (a) and 21167.6(a).
Save Lafayette Trees v. City of Lafayette (Pacific Gas and Electric Company) - filed Feb. 8, 2019, First District, Div. Three
Cite as 2019 S.O.S. 722
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A city's act of entering into a lease was a legislative act subject to challenge in a petition for ordinary writ of mandamus. The relevant issue in determining whether the California Environmental quality Act's existing facilities exemption applies is whether the project involves "expansion of use beyond that existing at the time of the lead agency's determination".
San Diegans for Open Government v. City of San Diego (Symphony Asset Pool XVI) - filed Dec. 27, 2018, publication ordered Jan. 15, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 304
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When it comes to a local coastal entity's decision on a coastal development permit, the Legislature has constructed a system in which appeals to the California Coastal Commission would be heard de novo under the Coastal Act even though the original local decision was decided under the California Environmental Quality Act.
Fudge v. City of Laguna Beach (Dimitry) - filed Feb. 13, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 755
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- Prescriptive Easement -
Civil Code Sec. 1009 does not prohibit the granting of a prescriptive easement to access a public recreational area where the easement was appurtenant to a neighbor's property. There is no authority to support the idea that persons paying to stay on a property cannot benefit from such an easement.
Ditzian v. Unger - filed Jan. 24, 2019, First District, Div. Five
Cite as 2019 S.O.S. 432
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