| HANDLING A LAND USE CASE |
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understanding the development process
permit application and hearing
resolving disputes without litigation
land use litigation checklist
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| RIGHTS OF THE REGULATED |
| No Taking Without Compensation |
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what constitutes a taking?
the remedy - invalidation and damages
guidelines for analyzing taking issues
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| Due Process and Equal Protection |
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discriminatory regulations
exclusionary zoning
spot zoning
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| Other Constitutional Protections |
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expression, religion
association, privacy
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| Vested Rights and Estoppel |
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classic vested rights
contractual vested rights
types of estoppel
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| Preemption |
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federal supremacy
state law
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| ZONING |
| Approach to Obtaining Relief |
| Methods and Types of Zoning Controls |
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zoning districts
architectural control
growth control
transfer of development rights
height and bulk restrictions
moratoria
discretionary permit review
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| Special Regulations for Special Uses |
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big box retail stores
signs and billboards
alcohol sales
marijuana dispensaries
adult entertainment
video games
firearms shows & stores
street vendors
newspaper racks
condominiums and time shares
mobile homes and recreational vehicles
solar wind energy systems
home occupations
second dwelling units
wireless facilities
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| Variances and Conditional Use Permits |
| Nonconforming Uses and Structures |
| Enforcement of Zoning Regulations |
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administrative enforcement
criminal prosecution
civil injunction
defenses
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| ENVIRONMENTAL LAW |
| California Environmental Quality Act (CEQA) |
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guidelines
projects subject to CEQA
exemptions
initial study
negative declarations
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| The EIR |
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purpose, type and adequacy
contents of an EIR
the EIR process
special issues - water supply, greenhouse gas emissions
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| Other Environmental Controls |
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water quality controls
air quality controls
solid waste management
hazardous waste controls
noise control
endangered species protection
wetlands protection
NEPA
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| GENERAL PLANS |
| Approach to General Plan Issues |
| Mandated Elements of the General Plan |
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land use, circulation, housing, conservation, open space, noise
and safety element
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| Adequacy of the General Plan |
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compliance with statutory criteria
state guidelines
checklist for legal adequacy
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| The Consistency Doctrine |
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zoning and subdivision consistency
public project consistency
internal consistency among elements
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| Specific Plans |
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content and procedure
legal effect
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| SUBDIVISIONS |
| Subdivision Map Act |
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land divisions included and exclusions
tentative, parcel, and final maps
lot line adjustments
merger of parcels
antiquated subdivisions
mobile home park subdivisions
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| Subdivided Lands Act |
| Procedural Checklist |
| Subdivision Approval or Disapproval |
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grounds for approval/disapproval
tentative maps
final maps
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| Conditions of Subdivision Approval |
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dedications, improvements and fees
improvement agreement and security
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| Enforcement Remedies and Penalties |
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local agency remedies for violations
purchasers remedies
certificate of compliance
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| BUILDING AND HOUSING CODES |
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uniform building codes
state housing law
factory-built housing and mobile homes
building and occupancy permits
abatement of unsafe buildings
inspections and enforcement
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| DEVELOPMENT FEES AND EXACTIONS |
| Analysis of Fee or Exaction Issues |
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types of exactions
checklist
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| Authority to Impose Fees and Exactions |
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constitutional police power
legislative authority
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| Limitations on the Exaction Power |
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discretionary decision
rational relationship nexus
prop 13, 62, and 218 constraints
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| The Development Fee Law |
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procedures for adopting and imposing fees
nexus required
management of fees
contesting fees
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| Contesting Fees and Exactions |
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| OTHER LAND USE CONCEPTS AND CONTROLS |
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state and regional controls
homeowner associations and CC&Rs
rent control
community redevelopment
housing obligations and incentives
taxation as a land use control
nuisance law
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| LAND USE PROCEDURES |
| State Statutory Standards/Local Rules |
| The Development Permit Process |
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permit streamlining act
coordination with CEQA
time limits
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| Procedural Due Process/Notice and Hearing |
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general and specific notice
hearing procedures
staff report/evidence
reconsideration, rehearing, and appeal
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| The Decision-Making Process |
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bias and fairness
motives
conflict of interest
voting
findings
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| Initiative and Referendum |
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when applicable
procedures
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| JUDICIAL REVIEW AND REMEDIES |
| Judicial Remedies |
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statutory remedies
mandamus
injunctions
declaratory relief
damages
civil rights actions
fines and penalties
SLAPP suits
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| Choice of Court and Litigation Strategies |
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factors in selection
federal abstention
parties and standing to sue
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| Defenses and Limitations |
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premature claims/ripeness
exhaust administrative remedies
statute of limitations
equitable and other defenses
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| Attorney Fees |
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private attorney general theory
substantial benefit theory
civil rights litigation
capricious and frivolous actions
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