April 2009

By Leslie Z. Walker

Two months ahead of the deadline mandated by SB 97 (Chapter 185, Statutes 2007; Public Resources Code section 21083.05), the Governor’s Office of Planning and Research (“OPR”) proposed amendments to the CEQA Guidelines for the mitigation of greenhouse gas emissions (“Proposed Guidelines”) and transmitted them to the Resources Agency for rulemaking on Monday, April 13, 2009.

Continue Reading OPR Finalizes Proposed CEQA Guidelines and Transmits Them to Resources Agency

By Leslie Z. Walker

On April 17, 2009, the U.S. Environmental Protection Agency (“EPA”) released a proposed finding under Section 202 of the Clean Air Act (42 U.S.C. § 7521(a)(1)) that greenhouse gases in the atmosphere endanger the public health and welfare. (See Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act.)

Continue Reading EPA Issues Proposed Endangerment Finding for Greenhouse Gas Emissions

Cori Badgley, associate at Abbott & Kindermann, LLP will be speaking at the following seminar on April 29, 2009.

Smart Ways to Stay ON TRACK and not get DE-RAILED

  • Current Real Estate statistics & how to survive the Market
  • 1031 Exchange and Structured Sales
  • Short Sales, late house payments, danger of Foreclosure
  • Refinancing to a safer and better loan
  • Legal advice about Short Sales and tax breaks for homeowners
  • Loan Modifications
  • Rescuing your 401K

Learn how to help your personal situation and get solid advice from leading professionals in 6 different fields.

  • On Track Workshop
  • Wednesday, April 29, 2009 – 6:30 PM – 9:00 PM
  • Holiday Inn Express Grand Ballroom
  • 121 Bank Street, Grass Valley, California
  • Refreshments will be served

The Workshop is FREE and Seating is Limited

Please RSVP to reserve your spot in the workshop. Call (530) 268-2488 or register on the website: www.ontrackworkshop.com

By Cori Badgley

In interpreting the provision of a development agreement imposing an in-lieu affordable housing fee, the court in Building Industry Association of Central California v. City of Patterson (2009) 171 Cal.App.4th 886 enunciated two important rulings: 1) development agreements are interpreted under contract law, and 2) an in-lieu affordable housing fee is not reasonably justified if the fee is simply based on the amount of housing allocated to the jurisdiction under the regional housing need assessment.

Continue Reading Simple Math Does Not Amount to Reasonable Justification for Fee Amount

By Katherine J. Hart

In California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026, the California Native Plant Society (“Society”) filed a CEQA lawsuit against El Dorado County (“County”) after the County approved a Mitigated Negative Declaration (“MND”) and Congregate Care Project (“Project”).  The Project consists of two care units, cottages, and a clubhouse on 20 acres, and was part of a larger development area including a local medical center, a senior assisted living facility, medical office buildings and a local retail shopping center.

Continue Reading Are the Days of Mitigating a Project’s Significant Impacts with Impact Fees Gone?