Search for: "Miller v. City & County of S. F." Results 41 - 60 of 320
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Second District Holds Ventura County’s Adoption of Ordinance Creating Wildlife Migration Corridor Overlay Zones In County’s Rural Areas Did Not Violate SMARA And Was Properly Determined Categorically Exempt From CEQA
16 Nov 2023, 12:24 pm by Arthur F. Coon
City and County of San Francisco (2013) 222 Cal.App.4th 863; Save the Plastic Bag Coalition v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Berkeley Hillside CEQA Cat Ex Case Redux: Kapors Get Their Mansion, First District’s Belatedly Published Opinion Upholds City’s Decision That “Unusual Circumstances” Exception Does Not Apply
10 Nov 2015, 11:56 am by Arthur F. Coon
” (Citing Salmon Protection & Watershed Network v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Affirms Judgment Dismissing CEQA Action For Failure To Timely Join Indispensable Real Party Within Limitations Period Triggered By Filing of Second, Valid NOD; Court Rejects Plaintiff’s Arguments Based On Relation Back, Estoppel, and City’s Violation of Statute Requiring It To Mail Operative NOD
1 Jun 2021, 8:52 am by Arthur F. Coon
  Here, as a matter of law, “[t]he City’s filing of the second NOD with the county clerk provided constructive notice of Microsoft’s identity precluding plaintiff’s ability to claim genuine ignorance. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Home(s) In The “Range”: Fourth District Overturns CEQA Exemption For City of Palm Springs’ General Plan Amendment Removing Minimum Residential Density Requirements
24 May 2016, 3:55 pm by Arthur F. Coon
Monterey County Bd. of Supervisors (2001) 87 Cal.App.4th 99, 125-126), but strangely neglected to discuss potentially relevant future baseline authorities, including most prominently the Supreme Court’s landmark decision in Neighbors for Smart Rail v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Rejects CEQA Challenges To Chico Walmart Expansion Project EIR’s Urban Decay Analysis And City’s Statement Of Overriding Considerations
9 Oct 2019, 12:59 pm by Arthur F. Coon
The scaled-down 2015 project’s EIR included a 43-page urban decay analysis supported by a 123-page study by ALH Urban & Regional Economics (ALH). [read post]
CEQA Developments - http://www.ceqadevelopments.com
CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning Effects of Commercial Tenant Square Footage Cap
5 Feb 2018, 2:41 pm by Arthur F. Coon
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds Sonoma County Vineyard Development (VESCO) Permit was Ministerial Approval Exempt from CEQA
24 Apr 2017, 2:32 pm by Arthur F. Coon
City of Davis (2000) 83 Cal.App.4th 1004, 1015; Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Other CEQA Shoe Drops: Third District Reverses Judgment Upholding Siskiyou County’s EIR For Crystal Geyser Bottling Plant Project, Holds (1) Project Objectives Were Too Narrowly Stated And (2) County Should Have Recirculated EIR’s Climate Discussion To Allow Comment On Substantially Higher GHG Emissions Estimate First Disclosed In FEIR
27 May 2022, 5:04 pm by Arthur F. Coon
  To do so, it needed, among other approvals (including the aforementioned City of Shasta wastewater permit), a permit from the County to build a caretaker’s residence. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Supreme Court CEQA Roundup – March 2019
13 Mar 2019, 4:27 pm by Arthur F. Coon
Protecting Our Water & Environmental Resources v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless Telecommunications Facility In Dedicated Public Park, Rejects City Charter Inconsistency Arguments
26 Mar 2018, 4:29 pm by Arthur F. Coon
City and County of San Francisco (2014) 226 Cal.App.4th 1012, 1021-1022, and Robinson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
31 Aug 2017, 12:38 pm by Arthur F. Coon
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Failure to Pursue and Exhaust Administrative Appeal Remedy Results In Forfeiture of CEQA Challenge To Categorical Exemption Despite Lower Body’s Defective Hearing Notice
13 Apr 2021, 10:34 am by Arthur F. Coon
City and County of San Francisco (2021) 60 Cal.App.5th 470. [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Holds CEQA’s Class 3 Categorical Exemption Applies To Installations of Small Telecommunications Equipment On Existing Utility Poles, Recognizes Split In Case Law On Standard of Review For Cumulative Impact Exception
12 Sep 2012, 3:09 pm by Arthur F. Coon
City and County of San Francisco (T-Mobile West Corporation, et al., Real Parties) (July 26, 2012, 1st Dist., Div. 4) ___ Cal.App.4th ___, 2012 WL 2948575. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission Retains Permitting Jurisdiction, And Applies Deferential Standard In Reversing Trial Court’s General Plan Inconsistency Finding
26 May 2015, 10:41 am by Arthur F. Coon
County of Napa (1995) 9 Cal.4th 763, 773.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
First District Affirms Judgment Rejecting CEQA and General Plan Consistency Challenges to Napa County’s EIR for Syar Quarry Expansion Project, Addresses Significant Exhaustion and Land Use Issues
3 May 2021, 9:58 am by Arthur F. Coon
City and County of San Francisco (2019) 33 Cal.App.5th 321, 329-330 (my April 5, 2019 post on which can be found here) in setting out the general CEQA principles and standards governing its review in a case challenging an EIR’s content and analysis. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View Impacts of City of San Diego’s Subsequent Approval of Ballot Measure Excluding Entire Area From City’s 30-Foot Coastal Zone Height Limit
10 Jul 2023, 12:15 pm by Arthur F. Coon
San Mateo County Community College Dist. (2016) 1 Cal.5th 937, 960; Friends of Mammoth v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Eight Is Not Enough: CEQA Challenge To Eighth Addendum To San Jose International Airport Master Plan EIR Is Rejected By Sixth District, Which Holds Plan Modifications To Accommodate Projected Decreases In Air Cargo and General Aviation Are Not “New Project” Requiring Supplemental or Subsequent EIR
15 Jul 2014, 3:19 pm by Arthur F. Coon
County of El Dorado (2012) 202 Cal.App.4th 1156 and Sierra Club v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant Project Impact – And Be Careful What You Find
14 Apr 2014, 5:37 pm by Arthur F. Coon
Coon of Miller Starr Regalia. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Slapping Down An Anti-SLAPP: First District Holds Next-Door Neighbor Opponents Of Residential Renovation Project And Related CEQA Compliance In City’s Administrative Proceedings Were Properly Named As Real Parties In Interest In Project Proponent’s Subsequent Mandate Action Challenging City’s Project Denial
12 May 2023, 4:57 pm by Arthur F. Coon
City and County of San Francisco, et al. [read post]
CEQA Developments - http://www.ceqadevelopments.com