December 2010

Just because an agency has time to think doesn’t mean it does. In Juana Briones House v. City of Palo Alto (October 27, 2010, H033275) ___ Cal.App.___ the Sixth District Court of Appeal found the provision of the Palo Alto municipal code requiring a 60 day delay prior to the issuance of a demolition permit did not render the act discretionary. The City properly treated the demolition permit as ministerial and exempt from environmental review under CEQA.
Continue Reading Authority to Delay a Project Does Not Make the Project Discretionary

In the much anticipated opinion of Building Industry Association of Central California v. County of Stanislaus, et al.(November 29, 2010, F058826), by the California Court of Appeal, Fifth District, the Court reversed the trial court’s ruling to invalidate the Farmland Mitigation Program (“FMP”) adopted as an update to the County of Stanislaus’ (“County”) agricultural element of the County’s general plan.
Continue Reading Appellate Court Upholds 1:1 Agricultural Lands Mitigation