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By Glen Hansen

In Schmidt v. Bank of America (2014) 223 Cal.App.4th 1489, the Court of Appeal for the Fourth Appellate District held that a trial court erred in granting summary judgment against claims by a servient property owner that alleged that the dominant property owner went beyond the scope of the reserved private easement for ingress and egress when it graded the easement and installed subsurface infrastructure on the easement area for the benefit of the adjacent condominium project that was built on the dominant property.Continue Reading Just Because The Easement Says “For Public Road Purposes” Does Not Mean It’s A Public Right-Of-Way

By William W. Abbott

Foothill Communities Coalition v. County of Orange (2014) 222 Cal.App.4th 1302. In the minds of most local planners, spot zoning is typically associated with downzoning of a smaller parcel in circumstances in which the surrounding property is similar in character, but which retains a more intensive zoning designation. From the perspective of the California’s Fourth Appellate District, a rezoning which creates the converse result (that is the donut hole being rezoned to a more intensive classification) can also trigger a claim of spot zoning. In the facts of Foothill Communities Coalition v. County of Orange, the trial court invalidated the rezoning. On appeal however, the appellate court found the rezoning to be a valid exercise of the police power and upheld the rezoning.Continue Reading Up Zoning Creating Special Benefits Can Trigger Spot Zoning Claims

By Natalie Kuffel and Glen Hansen

In R&R Pipeline, Inc. v. Bond Safeguard Insurance Company (2014) 223 Cal.App.4th 438, the Court of Appeal for the Second District held that a contractor who provided infrastructure work on a subdivision could timely file a $1.2 million lawsuit to enforce a subdivision improvement bond because the project was private and not public, even though the work was required by a subdivision agreement between the developer and a public entity.Continue Reading Is It A Public Or Private Improvement Project? Court Reviews The Differences With Millions In Claims On The Line.

Abbott & Kindermann, LLP is pleased to announce that Diane Kindermann will be a member of the faculty for “Wetland Regulation in California,” a continuing education seminar to be held in Sacramento, CA by Lorman Education Services.  As Ms. Kindermann’s guest, you are eligible for 20% off the registration fee!
Continue Reading Please Join Diane Kindermann on May 7, 2014, for a Seminar on Wetland Regulation in California

What: American Planning Association’s 2014 National Planning Conference

When: April 28, 2014 – Takings Law Day
            April 26-30, 2014 – Entire Conference

Where:            Georgia World Congress Center
            285 Andrew Young International Blvd NW
            Atlanta, GA 30313

The Takings Law Day (April 28) is for planners, attorneys, and local government officials and covers…

By William W. Abbott

Eskeland v. City of Del Mar (February 19, 2014) ___Cal.App.4th.___. While most land use debates involve projects of physical substance, even the single family home is capable of generating appellate opinions. The most recent case involves a grant, by the City of Del Mar, of a variance from a front yard setback requirement. The variance was granted so that the owners could construct a new single family home in the footprint of the existing single family home. The history suggested that the existing home was constructed before the current setback standard was adopted. The owner proposed to reconstruct in the same footprint, but would expand the footprint parallel to the front property line. As a result, there would be a linear expansion of the building including new additional square footage to be built within the setback restriction, but no additional perpendicular intrusion into the front yard setback area. The building lot included areas with a 25% slope, and buildable area was limited.Continue Reading Steep Lot Justified Grant Of A Variance For The Replacement Single Family Home

By William Abbott, Diane Kindermann, Katherine Hart, Glen Hansen, and Brian Russell

Welcome to Abbott & Kindermann’s 2014 1st Quarter CEQA update. It has been a quiet first quarter. One decision, Lotus v. Department of Transportation includes an interesting analysis on the use of construction commitments as part of the project description or as mitigation measures.Continue Reading 2014 CEQA 1st QUARTER REVIEW

By Diane G. Kindermann

In a lengthy and unanimous reversal of the trial court on ESA and CEQA issues in Center for Biological Diversity v. California Department of Fish and Game, et al. (March 20, 2014, BS131347) ___ Cal.App.4th ___, the second appellate district, Division Five, roundly upheld the Department of Fish and Wildlife’s (“department”) certification of an environmental impact report (“EIR”) assessing the effects of a resource management plan, conservation plan, streambed alteration agreement and two incidental take permits, in tandem with approval of each plan and issuance of the associated incidental take permits. The EIR related to general planning and conservation steps resulting from Los Angeles County’s prior approval of a 12,000 acre specific plan and neighboring 1500 acre conservation area in Ventura County. In its textured opinion, the appellate court relied heavily on facts in the trial court record to perforate all arguments raised by the Plaintiffs and Respondents Center for Biological Diversity, Friends of the Santa Clara River, Santa Clarita Organization for Planning and the Environment, California Native Plant Society, and Wishtoyo Foundation/Ventura Coastkeeper.Continue Reading Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review

Join William Abbott and Kate Hart of Abbott & Kindermann in a new class which ties together best practices for land development projects. This is an advanced class aimed primarily at project managers, engineers, and development consultants. This intense, three hour class interprets and applies:

·       CEQA

·       Permit Streamlining Act

·…