August 2012

By William W. Abbott

Ideal Boat & Camper Storage began operating as an equipment storage yard in 1964, and in subsequent years, obtained various county approvals, including two site development review (“SDR”) approvals, the latest in 1990. In 1993, the County adopted a new area planning document which sought to promote viticulture in the area. In 1994, the area plan was incorporated in the comprehensive general plan for the east area of the county. In November 2000, the voters of Alameda County approved Measure D, which among other purposes, sought to protect agricultural and open space. Measure D restricted the urban expansion areas, and added new development requirements.

Continue Reading 30 Year RV-Boat Storage Use Lacks Vested Right To Expand

William W. Abbott, partner at Abbott & Kindermann, LLP will be speaking on the following topic:

 Subdivision Map Act – Road Hazards for Real Estate Practitioners

 Date and Time:

            Monday September 10, 2012 at 11:35 a.m.

Location:

            The Firehouse Restaurant – Golden Eagle Room

            112 Second Street, Old Sacramento, California 95814

 Reservations 

RSVP to csiligo@boutinjones.com

 For More Information and Questions

            Contact Greg Philipp at gphilipp@boutinjones.com or call (916) 321-4444

Rewritten to address desperately needed CEQA reform, SB 317 (sponsored by Senator Rubio) proposes significant revisions to CEQA via a completely different statute – The Sustainable Environmental Protection Act. While environmentalists claim the changes are “last minute” and would completely “gut” CEQA, business interests contend the proposed changes have been in the works for at least 16 months and last years’ streamlining helped few, if any, development projects – especially those pertaining to infill and projects necessary to comply with AB 32, SB 375, and other key environmental statutes. For a fact sheet outlining the provisions of SB 317, click on the following link: http://www.calchamber.com/governmentrelations/documents/sb%20317_%20fact_sheet_08-21-12.pdf

By Glen C. Hansen

In Conservatorship of Whitley (2010) 50 Cal. 4th 1206, the California Supreme Court examined the three requirements that litigants must prove in order to recover attorneys’ fees under California’s ‘private attorney general’ fee statute in Code of Civil Procedure section 1021.5. Those factors are “(1) plaintiffs’ action ‘has resulted in the enforcement of an important right affecting the public interest,’ (2) ‘a significant benefit, whether pecuniary or nonpecuniary has been conferred on the general public or a large class of persons’ and (3) ‘the necessity and financial burden of private enforcement are such as to make the award appropriate.’” (Id. at p. 1214 (citation omitted).)

Continue Reading Only The Pecuniary Interests Of A Public Litigant May Be Considered When Awarding Attorneys’ Fees To The Public Litigant Under Code of Civil Procedure §1021.5

PLAN Sac Valley Mentoring Program

The award winning PLAN Sac Valley Mentoring Program provides the next generation of professional planners a challenging one-on-one and group mentoring forum for personal and professional growth and advancement. Applications are now available. For information on becoming a mentee or mentor go to: http://www.sacvalley-apa.org/ypgmenu/plan-sac-valley.html

Diane Kindermann Henderson, a partner at the firm, will be speaking at the Lorman Seminar on Current Issues in Stormwater Regulation on August 16, 2012, in Redding.  This seminar will discuss changes in Stormwater regulations including the new Draft Industrial NPDES Permit released in July, permitting processes, compliance and legal issues and the effects of Stormwater on the environment.  For more information, including RSVP details, visit the Lorman website.


Vested Rights, Vesting Maps and Development Agreements

William Abbott

121LUP154

Thursday, August 23, 2012, 9:00 a.m.-4:30 p.m.

Sutter Square Galleria

Sacramento, CA

Development agreements are an effective avenue for a community and developer to come together and process a project. Both sides of the table need to carefully consider the terms of these contracts and explore questions of content and performance before completing such an agreement. Learn the legislative and judicial aspects of development agreements.

Examine the legal basis for development agreements and the overlap between agreements and vesting subdivision maps. Examine the negotiating process, identify and discuss the range of options available when negotiating a development agreement, and review the theoretically possible agreement. Consider the key points of an agreement, learn ways to assist in understanding the needs of the other side and select the players to conduct the negotiation.

Topics include:

  • Common law vested rights
  • Legal review
  • Development agreements vs. vested maps
  • The Development Agreement Statute
  • Key terms and alternative approaches
  • Considerations in negotiating the agreement
  • Contents of an agreement
  • Testing the waters
  • Paper control–who drafts the document
  • Enforceability
  • How to implement agreements
  • What happens after the life of an agreement

For more information, visit us online

Instructors: Diane Kindermann, Bruce Baracco, Bob Klousner, Amanda Olekszulin, and Terry Rivasplata

The program is designed to give LAFCO, city and special district staff the ability to prepare, initiate, administer, review and comment on environmental documents required by the California Environmental Quality Act (CEQA). For more information, including Registration details, please visit www.Calafco.org

This seminar will guide winery, vineyard owners, operators and legal professionals through cost-effective strategies to address current environmental, business and technical challenges.

Two Dates and Locations:

November 6, 2012 – Oak Ridge Winery, Lodi; and

November 14, 2012 – Cielo Estate, Shingle Springs

More information, tentative agenda and registration coming soon.

By William W. Abbott

Mobilehome parks represent meaningful opportunities for affordable housing. Conversions of rental mobilehome parks to individual ownerships can create affordable ownership opportunities for lower income families and individuals, or displacement of the same economically disadvantaged households burdened with a difficult-to-relocate housing asset. The legislature has struggled with crafting the appropriate protocols for cities and counties to follow when reviewing applications for park conversion. The most recent judicial decision involves city and county practice when determining whether or not an application represented a bona fide application to convert (Government Code section 66427.5.)

Continue Reading Tenant Surveys Form Foundation of Denial of Mobilehome Park Conversion Request