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Publications
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04.17.2024Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan ScrutinyUpdatesIn a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively.
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03.18.2024California Land Use & Planning Law - 39th EditionLawyer Publications
This comprehensive book provides an up-to-date summary and analysis of California's complex land use and planning laws. Cited by the California Supreme Court and numerous appellate courts and assigned at law schools across the state, it has been an authoritative resource for over 40 years.
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05.22.2023Governor Newsom Proposes CEQA ReformUpdatesGovernor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to meet its bold climate goals while at the same time creating hundreds of thousands of jobs.
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10.05.2022California Allows Housing on Commercial Lands, Limits Required ParkingUpdatesIn what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage.
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05.11.2022California Land Use & Planning Law: HousingLawyer PublicationsAlan Murphy co-authored a book chapter titled “Housing” in California Land Use & Planning Law (38th edition, 2022).
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09.28.2021California Enacts New Legislation to Accelerate Housing ProductionUpdatesCalifornia Governor Gavin Newsom recently signed into law several bills intended to accelerate local approval of housing projects and increase housing production.
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09.20.2021Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development ApplicationsUpdatesIn California Renters Legal Advocacy and Education Fund v. City of San Mateo, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld the constitutionality of the law and amendments that strengthened it.
This update was published in American Planning Association: California Chapter Northern News "Calif. Court Upholds Limiting Local Governments’ Ability to Deny Housing Developments" on 09.20.2021. -
05.06.2021SB 35 Streamlining Upheld Against “Home Rule” ChallengeArticlesSenate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production.
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10.15.2020Despite Disappointing Legislative Session, Existing State Laws Can Change the Game for Housing DevelopersArticlesThis year’s legislative session was disappointing for all those who understand that California’s dire shortage of housing is largely due to cumbersome entitlement processes and long-standing local constraints on production. Several bills failed that would have forced cities to allow more housing.
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10.10.2019New California Law Restricts Cities’ Ability to Limit HousingUpdatesCalifornia Governor Gavin Newsom signed into law yesterday a major set of restrictions on the actions California cities and counties may take to impede housing development. Senate Bill 330 broadly aims to prevent local agencies from putting up new barriers to housing production.
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11.2017Governor Signs Housing Legislation, Including Streamlining BillArticles
Northern News, APA California – Northern
Governor Brown has signed 15 bills designed to address the State’s severe shortage of affordable housing. -
01.23.2017City Does Not Have Burden of Showing Reasonableness of Housing FeesArticlesJust over a year after the California Supreme Court strongly endorsed inclusionary housing ordinances, the Second District Court of Appeal upheld a city’s collection of in-lieu housing fees against a developer’s claim that the city failed to carry its burden of proving the fees were reasonably related to development impacts. 616 Croft Ave., LLC v. City of West Hollywood, No. B266660 (Second Dist. Sept. 23, 2016).
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12.11.2015Deferred Mitigation: Caselaw and Practice TipsLawyer Publications
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05.07.2013California Cities and Counties Can “Just Say No” to Medical Marijuana DispensariesUpdatesThe California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana.
Presentations
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04.09.2024CEQA 101 and ReformSpeaking EngagementsStanford University Program on Urban Studies / Stanford, CA
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02.07.202434th Annual Land Use & Development Law Lunch Briefing and WebinarSpeaking EngagementsSeminar and WebinarA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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01.19.202232nd Annual Land Use and Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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12.02.2021Housing Law: Housing Elements, Density Bonuses and Affordable HousingSpeaking Engagements
County Counsels' Association of California Land Use Study Section Fall 2021 Conference / Monterey, California
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01.26.202131st Annual Land Use Land Use & Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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11.10.2020All About Housing: The Roots of the Crisis, Local Governments, State Legislation, and CEQASpeaking EngagementsA panel presentation on state and local responses to the housing crisis at the AEP State Virtual Conference 2020.
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05.13.2020A New Metric in Town - Transitioning from LOS to VMTSpeaking EngagementsUrban Land Institute San Francisco
This event addressed how future development projects will be affected by a new statewide CEQA policy governing transportation analysis.
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01.22.2020; 01.30.2020; 02.04.2020; 02.06.202030th Annual Land Use & Development Law Lunch BriefingSeminarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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06.13.2019 - 06.14.2019Affordable and Multifamily Housing: Overview of the Law and Discussion of Current DevelopmentsSpeaking EngagementsCo-chair of CLE International Conference and Presenter
Land Use Law: Planning for the 2020s in California / San Francisco, CA -
01.15.2019; 01.17.2019; 01.23.2019; 01.29.2019.29th Annual Land Use & Development Law Lunch BriefingSeminars2018 has been another eventful year in the evolution of land use and planning law in California.
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03.25.2018Second Units and Density Bonuses: CEQA Law and PracticeSpeaking Engagements2018 California Association of Environmental Professionals Conference /
Rancho Mirage, CA
A panel discussion on CEQA review for second unit and density bonus projects at the California Association of Environmental Professionals 2018 Conference. -
01.18.2018; 01.24.2018; 01.25.2018; 01.30.2018.28th Annual Land Use & Development BriefingSeminars2017 has been another eventful year in the development of land use and planning law in California.
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09.18.2017 - 09.19.2017Land Use Law: Critical Topics in California Planning & DevelopmentSpeaking EngagementsSan Francisco, CACo-chair of CLE International conference and presenter for “Land Use Law Update: Important New Developments.”
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05.19.2017Climate Change, Water and CitiesSpeaking EngagementsSan Francisco, CAA panel discussion on how cities can adapt to the water-related effects of climate change at the California Association of Environmental Professionals’ 2017 Conference.
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01.18.2017; 01.25.2017; 01.26.2017; 02.07.2017; 02.22.2017.27th Annual Land Use & Development Law BriefingSeminars2016 has been another dynamic year in the development of land use and planning law in California.
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04.05.2016Sea-Level Rise and CitiesSpeaking EngagementsSan Diego, CAA panel discussion on legal, policy, and other issues related to sea-level in metropolitan areas at the California Association of Environmental Professionals’ 2016 Conference.
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01.21.2016; 01.26.2016; 02.02.2016; 02.22.2016;26th Annual Land Use & Development Law BriefingSeminars2015 has been a year of significant developments in land use, CEQA and environmental and resources law.
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201525th Annual Land Use & Development Law Briefing MaterialsSeminars
The 25th Annual Land Use & Development Law Breakfast Briefing presentation focused on 2014 developments and trends in land use, affordable housing, school facilities financing, CEQA, real estate and environmental and resources Law. Download PDF version of presentation materials
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04.16.2015NEPA and Corps PermitsSpeaking EngagementsThis CLE International conference presentation addressed the NEPA process for securing permits from the U.S. Army Corps of Engineers.
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03.24.2015Environmental Planning ProfessionalsSpeaking Engagements
A panel discussion on the environmental planning profession at the California Association of Environmental Professionals’ 2015 Conference.
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01.21.2015; 01.22.2015; 01.27.2015; 02.12.201525th Annual Land Use and Development Law BriefingSeminars
A 90-minute multi-panelist presentation on 2014 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Resources Law.
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03.25.2014Preparing EIRs: Litigators’ Perspectives on How to Survive a Legal ChallengeSpeaking EngagementsAlan Murphy spoke on a panel on environmental impact reports under the California Environmental Quality Act at the California Association of Environmental Professionals’ 2014 Conference.
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01.16.2014; 01.22.2014; 1.23.201424th Annual Land Use and Development Law BriefingSeminarsA 90-minute multi-panelist presentation on 2013 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Energy Law.
California Land Use & Development Law Report
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California Allows Housing on Commercial Lands and Limits Required Parking
In what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage. This Update summarizes two key bills in this package (AB 2011 and SB 6) that enable housing development on commercial lands, as well as another important land... -
Judicial Streamlining Renewed for Expanded Set of “Environmental Leadership” Projects
California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain “environmental leadership development projects” and extends eligibility to additional housing projects. Previous legislation offering similar benefits to a narrower range of developments expired on January 1. To qualify for judicial streamlining under SB 7, a project... -
SB 35 Streamlining Upheld Against “Home Rule” Challenge
Senate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production. The law compels local agencies, including charter cities, to issue streamlined approvals for qualifying multifamily residential projects, even, at times, where a project conflicts with a local ordinance. In Ruegg &... -
Maximum State Density Bonus Increases for Primarily Market-Rate Housing Projects under AB 2345
The State Density Bonus Law, Government Code section 65915, provides the opportunity to develop additional market-rate housing and receive other benefits in exchange for including affordable units in a project. Governor Newsom recently signed legislation, Assembly Bill 2345, that makes several amendments to the Density Bonus Law, the most significant of which will increase how...
