California Land Use & Planning Law, 36th Edition

This 36th edition summarizes two years of published decisions, statutory revisions and other agency policies and guidance, including:

• Analysis of the multiple legislative changes designed to promote housing development and further constrain local agency authority to disapprove housing projects that are consistent with the General Plan and zoning (chapter 15)
• Discussion of changes to the Elections Code removing the ability of initiative proponents to compel consideration of a measure at a special election (chapter 13)
• Discussion of numerous cases decided under CEQA addressing when the requirement to comply with CEQA is triggered, the types of impacts required to be evaluated under CEQA, application of exemptions and exceptions thereto, evaluation of climate change and energy impacts, and the scope of alternatives to be identified (chapter 6)
• Analysis of the continued uncertainty over the definition of the “waters of the United States” for determining federal jurisdiction under the Clean Water Act and the ongoing regulatory efforts to formulate a new definition (chapter 7)
• Analysis of new case law on the listing and delisting of species under the federal and California Endangered Species Acts, and new federal policies and regulations on the protection of critical habitat (chapter 8)
• Analysis of toughened statewide goals for reductions in greenhouse gas emissions and indications from the California Supreme Court that more stringent regulations and evolving science will affect the analysis of climate change impacts under CEQA (chapter 16)
• Discussion of case law upholding use of Mello-Roos tax imposed as a condition of approval of new residential development to finance a range of governmental services and facilities (chapter 12)
• Analysis of case law confirming there is no “discovery rule” that delays CEQA statutory deadlines until the plaintiff knows of the existence of a claim (chapter 19)
• Discussion of the Pfeiffer-McDougal rule and the circumstances when proceeding with development authorized with a permit results in waiver of objections to permit conditions (chapter 19)