Sheppard Mullin Richter & Hampton LLP’s Post

Zoning, Planning & Land Use Opinions Nassiri v. City of Lafayette Court: California Courts of Appeal Docket: A165324(First Appellate District) Opinion Date: July 18, 2024 Judge: Miller Areas of Law: Environmental Law, Real Estate & Property Law, Zoning, Planning & Land Use A developer proposed constructing a 12-unit residential condominium in downtown Lafayette, California, on a parcel mostly occupied by a vacant, dilapidated convalescent hospital. The City of Lafayette determined the project was exempt from the California Environmental Quality Act (CEQA) review, classifying it as infill development. Nahid Nassiri, who owns an adjacent office building, challenged this decision, arguing the site had value as habitat for rare species and that the project would significantly affect air quality. The Contra Costa County Superior Court initially granted Nassiri's petition, finding insufficient evidence to support the City's determination that the site had no value as habitat for rare species. However, the court rejected Nassiri's other claims regarding general plan consistency, air quality effects, and mitigation measures. The developer and the City filed a motion for a new trial, arguing that the project site, as defined by recent case law, did not include the area with potential habitat. The trial court granted the motion, leading to the denial of Nassiri's petition. The California Court of Appeal, First Appellate District, reviewed the case. The court found substantial evidence supporting the City's determination that the project site had no value as habitat for rare species, specifically the oak titmouse and Nuttall’s woodpecker. The court also upheld the City's finding that the project would not significantly affect air quality, dismissing Nassiri's reliance on a health risk assessment that did not accurately reflect the project's construction characteristics. Lastly, the court declined to address the "unusual circumstances" exception to the CEQA exemption, as Nassiri did not properly raise this issue in the trial court. The judgment was affirmed.

Exploring the possibilities for your land can be exciting, but navigating the maze of development regulations can be daunting. That's where Rossway Swan steps in. Our expertise in Land Use Law helps you unlock the full potential of your property, ensuring compliance with all local development regulations. We're here to turn your vision into a reality, legally and seamlessly. Whether you're planning to build, remodel, or develop your land, understanding these regulations is key to a successful project. Our team at Rossway Swan provides clear, straightforward advice, helping you make informed decisions every step of the way. From zoning laws to environmental regulations, we've got you covered. Let us help you harness the true value of your property, with peace of mind and confidence. #LandUseExpertise #DevelopmentRegulations #RealEstateLaw #MaximizeLandPotential #RosswaySwanGuidance #NavigatingZoningLaws #UnlockingPropertyValue #InformedDevelopment #RealEstatePlanning #EnvironmentalCompliance #BuildingDreams #PropertyDevelopmentLaw #LegalLandUse #SmartPropertyInvestment #YourDevelopmentPartner

This is one not to be missed! Get the scoop straight from the experts. Join ULI Toronto for a comprehensive webinar on : - The Development Approval Process: rights, timelines, refunds, and what's needed pre-application - Decision Makers: Who decides what to approve and when? - From the PPS & Growth Plan to the New PPS: What's the difference, which applies and when? - Funding Municipal Infrastructure: Who pays what now, and when? And who gets the capacity? (GFTs and beyond)

In the latest issue of the BPCC's Contact Magazine Online Piotr Staniszewski, LL.M from Dentons analyses the major overhaul of the Polish land-use system, and what it means for developers, landowners and other stakeholders. #bpccmagazine #bpcccontactonline #landuse #law #zoninglaw #developers #landowners 👉🏻 https://lnkd.in/diYfBQH8

Star Tribune covering how a 6-year NIMBY lawsuit aimed at thwarting the City of Minneapolis' nationally heralded comprehensive plan is jeopardizing our community's ability to meet the challenges of our housing and climate crises. The City's comp plan (Minneapolis 2040) paved the way for local small scale developers to invest in their community, expand housing access and make the City more walkable, transit-oriented and climate-resilient. That progress is now on hold. Minnesota state lawmakers serious about our climate and housing challenges (and preserving local governments' ability to plan and adapt to climate change), must take action this session and clarify the Minnesota Environmental Review Act to put an end to the misuse of an essential state environmental law. Rest assured, Footprint Development and our investors are ready to build a more climate-resilient, housing-abundant future as soon as the courts or our state law-makers let us!

Attention Homeowners and Property Developers: Get ready to unlock the potential of Permitted Development rights in the UK! But hold your horses – amidst the excitement, let's not stumble into these common pitfalls that could put a spanner in the works. 🛑💡 1. Overlooking Prior Approval Requirements: 📝🚫 Don't get caught off guard! Ensure you have all necessary approvals in place to avoid enforcement action and hefty fines. 2. Ignoring Local Restrictions: 🗺️🔍 Every area has its quirks! Research and comply with local restrictions to steer clear of complications down the line. 3. Disregarding Design Guidelines: 📐✨ Keep it classy! Even with more freedom, stick to design guidelines to dodge objections and keep the peace with neighbors and planners. 4. Forgetting About Party Wall Agreements: 🏠🤝 Don't ruffle feathers! Sort out those party wall agreements to avoid neighborly disputes and legal quagmires. 5. Inadequate Structural Assessment: 🏗️🔍 Safety first, folks! Ensure your plans are rock-solid to avoid construction calamities and regulatory headaches. 6. Environmental Impact Oversight: 🌳🌍 Go green or go home! Consider the environmental impact to dodge objections and regulatory hurdles. 7. Overstepping Height and Size Limits: 📏🚫 Size does matter! Stay within the limits to avoid enforcement action and planning headaches. 8. Neglecting Change of Use Regulations: 🔄🔍 Don't flip out! Understand change of use regulations to sidestep legal woes and retrospective permissions. #PermittedDevelopmentUK #PropertyDevelopmentTips #HomeRenovation #PlanningRegulations #LocalRestrictions #DesignGuidelines #PartyWallAgreements #StructuralAssessment #EnvironmentalImpact #BuildingRegulations #SizeLimits #ChangeOfUse #AvoidPenalties #LegalCompliance #SustainableDevelopment #BuildingSafety #ExpertAdvice #AvoidDelays #NeighborhoodHarmony Ready to navigate Permitted Development with confidence? 👉 Book your Free Initial Online Discovery Consultation now: Link 🌟🏡 https://lnkd.in/eaZjAKKn

Time is ticking! The Local Law 87 deadline is fast approaching, with less than 10 months remaining. Start preparing now. #sustainability #energyefficient #buildinglife #NYC #LocalLaw87 

https://lnkd.in/gPTMuE-W This is an excellent commentary exploring the latest appellate court decision addressing the clash and tension between two laws which significantly impact housing development in the State of California. Namely, California's Housing Accountability Act and the California Environmental Quality Act. #housing #zoning #homebuilding #housingaccountabilityact #CEQA

Attention Homeowners and Property Developers: Get ready to unlock the potential of Permitted Development rights in the UK! But hold your horses – amidst the excitement, let's not stumble into these common pitfalls that could put a spanner in the works. 🛑💡 1. Overlooking Prior Approval Requirements: 📝🚫 Don't get caught off guard! Ensure you have all necessary approvals in place to avoid enforcement action and hefty fines. 2. Ignoring Local Restrictions: 🗺️🔍 Every area has its quirks! Research and comply with local restrictions to steer clear of complications down the line. 3. Disregarding Design Guidelines: 📐✨ Keep it classy! Even with more freedom, stick to design guidelines to dodge objections and keep the peace with neighbors and planners. 4. Forgetting About Party Wall Agreements: 🏠🤝 Don't ruffle feathers! Sort out those party wall agreements to avoid neighborly disputes and legal quagmires. 5. Inadequate Structural Assessment: 🏗️🔍 Safety first, folks! Ensure your plans are rock-solid to avoid construction calamities and regulatory headaches. 6. Environmental Impact Oversight: 🌳🌍 Go green or go home! Consider the environmental impact to dodge objections and regulatory hurdles. 7. Overstepping Height and Size Limits: 📏🚫 Size does matter! Stay within the limits to avoid enforcement action and planning headaches. 8. Neglecting Change of Use Regulations: 🔄🔍 Don't flip out! Understand change of use regulations to sidestep legal woes and retrospective permissions. #PermittedDevelopmentUK #PropertyDevelopmentTips #HomeRenovation #PlanningRegulations #LocalRestrictions #DesignGuidelines #PartyWallAgreements #StructuralAssessment #EnvironmentalImpact #BuildingRegulations #SizeLimits #ChangeOfUse #AvoidPenalties #LegalCompliance #SustainableDevelopment #BuildingSafety #ExpertAdvice #AvoidDelays #NeighborhoodHarmony Ready to navigate Permitted Development with confidence? 👉 Book your Free Initial Online Discovery Consultation now: Link 🌟🏡 https://lnkd.in/ePxsTkUm