Land Use, Environmental, and Real Estate Law in California
By Katherine J. Hart
A state appellate court has upheld the adoption of design guidelines that are intended to implement a City of Los Angeles redevelopment plan.
Continue Reading Too Late! Challenge at the Time of Project Implementation is not Timely
By Cori Badgley
Under Proposition 218 (Cal. Const. art. XIII D), special assessments shall not “exceed the reasonable cost of the proportional special benefit conferred on a parcel.” The courts have divided this into two general inquiries: 1) is a special benefit conferred by the improvement to be built through the assessment?; and 2) is the assessment proportional? In Town of Tiburon v. Bonander (2009) ____ Cal.App.4th ____, the court answered yes to the first question, but found that the division of costs was not proportional under Proposition 218.
Continue Reading Prop. 218 Proportionality Rule Relates to Special Benefits, Not Construction Costs
By Leslie Z. Walker
In Planning and Conservation League v. Castaic Lake Water Agency (2009) 180 Cal.App.4th 210, the Castaic Water Agency (“Castaic”) succeeded in extracting its agreement with Kern County Water Agency (“Kern”), if only for a moment, from the tangles of the Department of Water Resources’ (“DWR”) Monterey Agreement.
Continue Reading Evaluation of Individual Water Transfer Not Considered Improper Piecemealing Under CEQA
From the quick fix solutions for the Delta to CEQA analysis on mitigation deferral, impact fees and the feasibility of alternatives, to the scope of the Corps permitting authority, the following legislation, regulations, and cases from 2009 (listed first by type of document, then in chronological order) will have the most impact on water supply, water quality, and land use and entitlement practice (e.g., development) in California in the coming years. And remember, you read it here first!
Continue Reading 2009’s Top 10: Legislation, Regulations, & Cases
By William W. Abbott
In 2001, the County of Inyo adopted an updated General Plan, which included a definition of “net acreage”. This definition excluded areas devoted to streets, roads and utilities. Over time, staff was concerned with interpretation of this provision as it related to utilities, and in 2005, the Board of Supervisors, based upon a negative declaration, amended the General Plan’s definition of net acreage, deleting the reference to utilities. The Board then acted to approve three parcel maps, each based upon negative declarations.
Continue Reading A Fair Argument and the Need to Prepare an EIR: A Timeless Tale
By Leslie Z. Walker
In the last weeks of 2009, the Natural Resources Agency adopted CEQA Guidelines Amendments for the mitigation of greenhouse gas emissions (“Amendments”), while the San Joaquin Valley Air Quality Management District (“SQAQMD”) became the first air district in the state to adopt thresholds of significance, which will likely face challenge from the California Attorney General.
Continue Reading Greenhouse Gas Guidelines and Thresholds: Science Required
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2010!
In January and February 2010 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining. In addition, the following hot topics for 2010 will be discussed:
Global Warming: CEQA Guidelines, Mandatory Reporting
Water Supply Legislation
CEQA Litigation: Alternative Analysis & Exhaustion of Administrative Remedies
Subdivision Map Extension
Interpreting Development Agreements
Endangered Species Act
Abbott & Kindermann, LLP will be presenting its annual program at three California locations: Sacramento, Modesto and Redding. Details for the seminars are below. We hope you can join us and look forward to seeing you there.
Modesto Conference
Date: Thursday, January 21, 2010
Location: Double Tree Hotel Modesto, 1150 Ninth Street
Registration: 12:30 p.m. – 1:00 p.m.
Program: 1:00 p.m. – 4:00 p.m.
Redding Conference
Date: Thursday, January 28, 2010
Location: Hilton Garden Inn Redding , 5050 Bechelli Lane
Registration: 12:30 p.m. – 1:00 p.m.
Program: 1:00 p.m. – 4:00 p.m.
Sacramento Conference
Date: Friday, February 12, 2010
Location: Sacramento Hilton Arden West, 2200 Harvard Street
Registration: 8:30 a.m. – 9:00 a.m. with continental breakfast
Program: 9:00 a.m. – 12:00 noon
There is no charge for the programs and MCLE and AICP CM credits are available.
An RSVP will be required as space is limited. To reserve a spot, call our office at (916) 456-9595. When calling, please specify which conference you will be attending.
Continue Reading Reminder! Save the Date
