Tips to Ensure You Exhaust Your Administrative Remedies and Don’t Get Ensnared by Res Judicata.CEQA is a common tool used to oppose development by interested parties. For example, environmental groups may comment on a project through the CEQA process to ensure impacts are avoided and adequately mitigated. NIMBYs (Not In My Back Yard) may use CEQA to
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Land Use, Zoning, and CEQA Should Be Considered When Investing in Opportunity Zones.
1. Does the City or County’s Zoning allow for the improvement or development intended for the Opportunity Zone?
The current zoning and general plan requirements of the property should be analyzed prior to acquisition. Any planned general plan or community plan updates by the City or County should be evaluated given the ten-year time span…
Land Use, Zoning, and CEQA Should Be Considered When Investing in Opportunity Zones?
1. Does the City or County’s Zoning allow for the improvement or development intended for the Opportunity Zone?
The current zoning and general plan requirements of the property should be analyzed prior to acquisition. Any planned general plan or community plan updates by the City or County should be evaluated given the ten-year time span…
When the Mere Sale or Lease of Property Could Trigger CEQA Review
Private parties who plan to jump into a real property transaction with a public agency should be aware that their deal could be impacted or held up by the California Environmental Quality Act (CEQA).
If not fully informed of the recent legal developments pertaining to CEQA compliance and real property, parties may find themselves unable…
Can CEQA Mitigation Measures Be Changed After Project Approval?
Last month, the Supreme Court, in the case Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502, clarified that an Environmental Impact Report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA) must disclose and inform the public of the human health effects associated with a project’s impacts to air quality and emissions. The…
How to Ensure a PEIR Covers Your Project.
In other words, right now, most Mariculture or Marine Aquaculture projects being proposed in California are subject to review under CEQA. While some of these projects may find an applicable exemption from CEQA, most will have to prepare an Environmental Impact Report (EIR), Mitigated Negative Declaration (MND), or Negative Declaration (ND). All of these options…
How to Ensure a PEIR Covers Your Project.
In other words, right now, most Mariculture or Marine Aquaculture projects being proposed in California are subject to review under CEQA. While some of these projects may find an applicable exemption from CEQA, most will have to prepare an Environmental Impact Report (EIR), Mitigated Negative Declaration (MND), or Negative Declaration (ND). All of these options…
Development in an Earthquake Zone Can Still Be Exemption From CEQA.
In coming to this decision, the court gave us two useful takeaways: (1) the bifurcated standard of review that applies to the “Unusual Circumstances” exception to a categorical exemption also applies to the “Location” exception; and (2) a mapped earthquake zone, such as the Alquist-Priolo Earthquake Fault Zone (APEFZ) or being in an earthquake-induced landslide…