Appellate court affirms a lead agency limited disclosure of cultural resource information in an EIR.
Continue Reading Balancing CEQA’s Full Disclosure Requirements with the Protection of Cultural Resources
Coastal Commission Properly Resolved Conflicting City Development Standards; Negative Declaration Was Upheld
Appellate court defers to Coastal Commission in the application and interpretation of potentially competing standards for the protection of environmental sensitive areas.
Continue Reading Coastal Commission Properly Resolved Conflicting City Development Standards; Negative Declaration Was Upheld
Attorney General Comments on Draft EIR for First SB 375 Sustainable Communities Strategy
On September 16, 2011the Attorney General submitted a letter commenting on the draft EIR for SANDAG’s Regional Transportation Plan and Sustainable Communities Strategy stating the draft inadequately addressed local air pollution and is inconsistent with the State’s climate change goals.
Continue Reading Attorney General Comments on Draft EIR for First SB 375 Sustainable Communities Strategy
Motherlode Wineries & Vineyards Seminar
Register Now! ~ Only $35
Two Locations to Choose From
November 9, 2011 – Lodi, CA and November 17, 2011 – Plymouth, CA
This seminar will guide winery and vineyard owners and operators through cost-effective strategies to address current environmental, legal and technical challenges.
More information, tentative agenda and registration click here.
How Long Must a Notice of Determination be Posted?
In Latinos Unidos de Napa v. City of Napa (2011) 196 Cal.App.4th 1154, the Court of Appeal held that for the shortened 30-day statute of limitations to apply, the notice must be both filed and posted, and the notice must be posted for 30 days, excluding the first day, and must be posted for the entire 30th day.
Continue Reading How Long Must a Notice of Determination be Posted?
Water Conservation Does Not Trump Proportionality Requirement of Prop 218
In this case, the water district imposed a rate structure whereby “irrigation only” users paid disproportionately higher rates for the same amount of water use. The water district asserted that this was permitted under Article X section 2 of the Constitution, which promoted water conservation and allowed, through statute, allocation-based water rates. The appellate court disagreed that Article X section 2 gave the district a “pass” from the requirement in Proposition 218 that fees shall not exceed the proportional cost of providing the service. Therefore, the court held that the disproportionate rate structure was invalid.
Continue Reading Water Conservation Does Not Trump Proportionality Requirement of Prop 218
Caltrans Public-Private Highway Improvement Project Allows For Contracting Out Engineering Services To Private Firm
Court upholds contracting out of engineering services for state highway project.
Continue Reading Caltrans Public-Private Highway Improvement Project Allows For Contracting Out Engineering Services To Private Firm
Illegal Construction Of A Billboard Does Not Render Billboard Easement Unenforceable, Nor Does It Allow The Servient Owner To Block Visibility Of The Billboard
In Hill v. San Jose Family Housing Partners (2011) __Cal.App.4th __, 2011 Cal. App. LEXIS 1101, the Court of Appeal for the Sixth Appellate District held (1) that a written easement for a billboard was enforceable, even if the billboard was constructed in an illegal manner; and (2) the servient owners’ development that unreasonably interfered with the visibility of the billboard could be grounds for lost profits damages owed to the owners of the billboard.
Continue Reading Illegal Construction Of A Billboard Does Not Render Billboard Easement Unenforceable, Nor Does It Allow The Servient Owner To Block Visibility Of The Billboard
Growth Measure Survives Spot Zoning and Equal Protection Challenge in an “As Applied” Challenge
In Arcadia Development Co. v. City of Morgan Hill (August 5, 2011, H035519) ___ Cal.App.4th ___, the city did not spot zone Arcadia’s property and did not violate Arcadia’s equal protection rights by placing a measure on the ballot which amended the city’s zoning code to prohibit extensive development on Arcadia’s property.
Continue Reading Growth Measure Survives Spot Zoning and Equal Protection Challenge in an “As Applied” Challenge
Lead Agencies Are Not Always Required to Explain Why Every Proposed Mitigation Measure is Infeasible
By now, most CEQA practitioners have faced the problem of what to do when a project opponent submits the Attorney General’s 18-page list of potential greenhouse gas mitigation measures, suggesting the measures might be appropriate for the project at issue. On June 30, 2011, the Court of Appeal for the Second Appellate District held that the lead agency is not necessarily required to explain why each of the proposed measures is inappropriate for the specific project.
Continue Reading Lead Agencies Are Not Always Required to Explain Why Every Proposed Mitigation Measure is Infeasible