FINAL ASSIGNMENTS (NOTE THE CHANGES) MONDAY THE 23rd: VINEYARD (HANDOUT) 648 SOUTHWESTERN KELO (HANDOUT) WEDNESDAY THE 25 TH : (UP TO B); 722 (STARTING WITH TEACHERS) TO 740

SUMMARY HOUSING AND LAND USE: MOUNT LAUREL CONSTRUCTION OF THE HOLDING THE “REGIONAL WELFARE” THE PRESUMPTION AND SHIFT IN BURDEN THE REMEDY THE AFTERMATH

SUMMARY (CONT.) CITY OF OCEANSIDE THE INCONSISTENCY WITH THE PLAN THE VIOLATION OF THE STATUTES CAN A MEASURE “VIOLATE” THE POLICY? CITY OF SACRAMENTO: USING THE EXACTION POWER TO REMEDY IMPACTS FROM COMMERCIAL BUILDING WHAT’S THE LIMIT?

EQUAL PROTECTION 1. CLEBURNE LEVEL OF SCRUTINY APPLYING THE RATIONAL BASIS TEST 2. OLECH THE “33 FOOT EASEMENT” HOLDING BREYER CONCURRENCE: ACCURATE?

VILLAGE OF BELLE TERRE THE LIMITATIONS IN THE LAND USE SYSTEM: 1. ONE-FAMILY DWELLINGS 2. LIMITS ON “FAMILY”—ONLY TWO UNRELATED BY BLOOD HOLDING: UPHELD DISSENT: DISCRIMINATION BY LIFESTYLE

BELLE TERRE COMPARE BELLE TERRE AND CLEBURNE LEVEL OF SCRUTINY POSSIBLE ATTACKS: 1. EUCLID-NECTOW ARBITRARINESS 2. SUBSTANTIVE DUE PROCESS 3. EQUAL PROTECTION 4. STATE LAW REMEDIES

THE ENVIRONMENTAL IMPACT REPORT (EIR) PROCESS CEQA (AND NEPA): THE THEORY EIR ON “PROJECT” WHICH “MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT” CONTENTS OF EIR APPROVAL OF PROJECT AFTER EIR IS PREPARED

THE EIR PROCESS (CONT.) HOW CEQA AFFECTS THE LAND USE PROCESS 1. CEQA AND PLANNING: MISMATCH 2. EFFECT OF PUBLIC PARTICIPATION 3. THE IRRELEVANCY OF ALTERNATIVES 4. USE OF THE MITIGATION POWER: CONDITIONS AND BARGAINING