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Tim Taylor helps residential, commercial and industrial developers achieve compliance with California's numerous land use and environmental laws, with a particular focus on the California Environmental Quality Act and related litigation. During his more than 25-year career, Tim has also dealt extensively with a wide range of federal environmental laws, including the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act.

He also represents numerous public agency clients on state planning, zoning, development and environmental law matters. A partner in the firm's Sacramento office, Tim has been listed in The Best Lawyers in America© for Environmental Law, Land Use & Zoning Law from 2009 to 2019 and as their Sacramento Environmental Law "Lawyer of the Year" for 2012 and 2015 and Land Use & Zoning Law "Lawyer of the Year" for 2013.

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014)

In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment and writ of mandate, finding that the City of Fresno’s Municipal Code did not delegate authority to its Historic Preservation Commission (HPC) to approve CEQA documents, including the Mitigated Negative Declaration (MND) at issue. The Fifth District also upheld the trial court’s holding that the substantial evidence standard, not the fair argument standard, governs review of decisions regarding designation of historic resources.

The Project, a small 1.29 acre residential infill development in downtown Fresno, required demolition of two homes—one of which was previously designated a “Heritage Property” under the Municipal Code—necessitating a demolition permit from the HPC. In concert with its approval of the demolition permits, the HPC also reviewed and approved the Project MND, concluding that demolition of the two homes would not cause a substantial adverse change in the significance of an historical resource. Citizens for the Restoration of L Street (“Citizens”), a local association, appealed the HPC’s adoption of the MND. The City Council heard Citizens’ appeal, and passed a motion: (1) upholding the HPC’s finding that neither of the two homes was an historical resource under CEQA; (2) electing not to exercise its discretion to designate the homes historical, or the Project area an historical district; and (3) upholding the HPC’s approval of the CEQA findings and MND. Shortly thereafter, both homes were demolished.

Continue Reading Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

At one time or another, in almost every jurisdiction around the state, on the day before an important project land use hearing, an opponent of the project has submitted a lengthy comment letter (often accompanied by voluminous attachments) alleging that the environmental analysis does not comply with the California Environmental Quality Act (CEQA).  The lead