NAVIGATING RECENT LEGISLATION ON SECOND UNITS, LOT SPLITS AND ACCESSORY DWELLING UNITS IN ADDRESSING CALIFORNIA’S HOUSING CRISIS
Continue Reading NAVIGATING RECENT LEGISLATION ON SECOND UNITS, LOT SPLITS AND ACCESSORY DWELLING UNITS IN ADDRESSING CALIFORNIA’S HOUSING CRISIS
Local Government
The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles
By William W. Abbott, Patrick L. Enright & Garrett Bergthold on
The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles…
Continue Reading The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles
Fourth Appellant District Rules the Project was Materially Changed After the Filing of the Notice of Exemption and Therefore Did Not Trigger the 35-Day Status of Limitation Period.
By Patrick L. Enright & Abbott & Kindermann, Inc. on
https://www.courts.ca.gov/opinions/documents/D080907.PDF
In Committee to Relocate Marilyn v. City of Palm Springs (2023) 88 Cal.App.5th 607, the Fourth Appellate District addressed Palm Springs’ decision to interpret Vehicle Code section 21101 to allow the temporarily closure of City streets for short-term events including holiday parties, neighborhood street fairs, and block parties. The court also addressed the statute…
California Court of Appeal Issues Wide-Ranging Takings Decision on The Constitutionality of Development Impact Fees
The Court of Appeal issues a significant published opinion in favor of a local government in a lawsuit that challenged legislatively imposed and under the development impact fees under the federal regulatory takings criteria in Nollan/Dolan, requirements of the state’s Mitigation Fee Act. …
Continue Reading California Court of Appeal Issues Wide-Ranging Takings Decision on The Constitutionality of Development Impact Fees
CITY CORRECTLY APPPLIES SEVEN-YEAR-OLD DEVELOPMENT STANDARDS WHEN APPROVING A RESIDENTIAL PROJECT
By Abbott & Kindermann, Inc. & Patrick L. Enright on
Lafayette v. City of Lafayette (2022) 2022 Cal.App.LEXIS 979
A citizens’ group (Save Lafayette) petitioned for a Writ of Mandate, claiming that the project conflicts with the City’s General Plan as it existed when the project was revived in 2018. The trial court denied the petition and the appellate court ruled that despite the lengthy…
REGISTER TODAY! Abbott & Kindermann’s 17th Annual Land Use, Environmental, and Real Estate Law Update
Reserve your seat for one of four annual seminars taking place in early 2018 in Sacramento, Napa, Redding and Modesto.
In January 2018 Abbott & Kindermann, Inc. will present its 17th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture,…
The Voters Speak: Sometimes That Is
By William W. Abbott on
Posted in Local Government, Planning, Zoning, & Development
San Bruno Committee for Economic Justice v. City of San Bruno 2017 Cal.App. LEXIS 807
California land use nerds know well the origin of the right of initiative and referendum. A function of the national reform movement at the beginning of the twentieth century, California voters took matters into their own hands and inserted the…
A Cautionary Tale About Development Agreements: The Panoche Valley Utility-Scale Solar Project
By Glen C. Hansen on
PRIVATE LAND USE SETTLEMENTS: The potential fallout when a private side settlement agreement fails to settle your legal woes.
In 2010, the County of San Benito granted a conditional use permit for a solar project to the Panoche Valley Solar, LLC. The project was a 3,200 acre, 399-megawatt solar electric generation facility involving up to…
The Constitutionality of Legislative Exactions Is Explained In Recent Journal Article Published By Abbott & Kindermann Inc.’s Senior Counsel.
In 2016, U.S. Supreme Court Justice Clarence Thomas issued this warning about legislative exactions: “Until we decide this issue, property owners and local governments are left uncertain about what legal standard governs legislative ordinances and whether cities can legislatively impose exactions that would not pass muster if done administratively.” He stated there are “compelling reasons…
Hold That Text!! Public Officials’ Communications About Public Matters On Private Accounts are Subject to Disclosure Under the California Public Records Act
Posted on
Posted in Local Government
By Daniel S. Cucchi
City of San Jose v. Superior Court (March 2, 2017, S218066) ___ Cal.5th ___.
Citing the need to broaden the definition of “public records” to address the “evolving methods of electronic communication,” a unanimous California Supreme Court reversed the Sixth District Court of Appeal, holding that communications related to the “conduct…