June 2015

Glen C. Hansen of Abbott & Kindermann, LLP, will present the 2nd annual update on recent developments in resolving easement and boundary disputes in California. This is an advanced class aimed primarily at land surveyors, civil engineers, attorneys, and property owners. This intense, three-hour class examines recent case law about:

  • Creating and Terminating Easements
  • Accommodating Neighbors vs. Creating Prescriptive Easements
  • Determining the Scope of an Easement
  • Interfering with Easement Rights
  • Locating and Maintaining Boundary Dividers
  • Using Historical Evidence in Boundary Disputes
  • Resolving Conflicting Surveys

MCLE and American Planning Association continuing education credits offered, pending approval.

MCLE 3.0       CM 3.0

Glen C. Hansen is Senior Counsel at Abbott & Kindermann, LLP, and a long-time practitioner in real estate and land use law.

Cost $85.00 

Locations and Times

Fairfield – August 14, 2015, 8:00 a.m.-11:45 a.m. (To Register for the Fairfield Location Click Here)

Hilton Garden Inn – Fairfield, 2200 Gateway Court, Fairfield, CA 94533

Roseville – October 23, 2015, 8:00 a.m.-11:45 a.m.  (To Register for the Roseville Location Click Here)

Holiday Inn Express – Roseville, 1398 East Roseville Parkway, Roseville, CA 95661

Registration:   8:00 a.m.

Class:              8:30 a.m. – 11:45 a.m.

Break:             10:00 a.m. – 10:15 a.m.

 

By William W. Abbott

City of Berkeley v. 1080 Delaware, LLC (2015) 234 Cal.App.4th 1144.

As the real estate market gathers steam post-recession, many development projects involve project approvals obtained during the height of the real estate market. At the time, the sky was the limit and development economics was cast aide well before a project application was even filed. Current developers frequently want to know: Can the conditions of approval of dubious legality now be challenged? As a recent appellate decision illustrates, the time to challenge the condition may have long since passed.

Continue Reading Buyer Beware: Project Conditions Of Approval Run With The Land

Glen C. Hansen of Abbott & Kindermann, LLP, will present the 2nd annual update on recent developments in resolving easement and boundary disputes in California. This is an advanced class aimed primarily at land surveyors, civil engineers, attorneys, and property owners. This intense, three-hour class examines recent case law about:

  • Creating and Terminating Easements
  • Accommodating Neighbors vs. Creating Prescriptive Easements
  • Determining the Scope of an Easement
  • Interfering with Easement Rights
  • Locating and Maintaining Boundary Dividers
  • Using Historical Evidence in Boundary Disputes
  • Resolving Conflicting Surveys

MCLE and American Planning Association continuing education credits offered, pending approval.

MCLE 3.0       CM 3.0

Glen C. Hansen is Senior Counsel at Abbott & Kindermann, LLP, and a long-time practitioner in real estate and land use law.

Cost $85.00 

Locations and Times

Fairfield – August 14, 2015, 8:00 a.m.-11:45 a.m. (To Register for the Fairfield Location Click Here)

Hilton Garden Inn – Fairfield, 2200 Gateway Court, Fairfield, CA 94533

Roseville – October 23, 2015, 8:00 a.m.-11:45 a.m.  (To Register for the Roseville Location Click Here)

Holiday Inn Express – Roseville, 1398 East Roseville Parkway, Roseville, CA 95661

Registration:   8:00 a.m.

Class:              8:30 a.m. – 11:45 a.m.

Break:             10:00 a.m. – 10:15 a.m.

 

 

By Brian Russell

Walnut Acres Neighborhood Assn. v. City of Los Angeles (2015) 235 Cal.App.4th 1303

The owners of the property and the developer Community MultiHousing, Inc. sought a permit under Los Angeles City code section 14.3.1 to build an eldercare facility at 6221 North Fallbrook Avenue in Woodland Hills. Section 14.3.1’s purpose is to “provide development standards for Alzheimer’s/Dementia Care Housing, Assisted Living Care Housing, Senior Independent Housing and Skilled Nursing Care Housing, create a single process for approvals and facilitate the processing of application of Eldercare Facilities. These facilities provide much needed services and housing for the growing senior population of the City of Los Angeles.” (§ 14.3.1, subd. A.) The proposed eldercare facility exceeded the maximum allowable density and floor area of the residential zone. Zoning regulations limited a structure to 12,600 square feet, and the proposed facility would contain 50,289 square feet, including over 20,000 square feet devoted to common areas. The proposed facility would have 60 guest rooms and 76 guest beds. Application of the zoning regulations would have limited the site to 16 guest rooms. Pursuant to section 14.3.1, subdivision E, to approve an eldercare facility, the zoning administrator is required to make several findings. “The Zoning Administrator shall not grant the approval unless he or she finds that the strict application of the land use regulations on the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations.”

Continue Reading Local Zoning Laws Prevent an Eldercare Facility from Proceeding with Plans for Development