Photo of Abbott & Kindermann, Inc.

Abbott & Kindermann, Inc.

Subscribe to Abbott & Kindermann, Inc.'s Posts
Follow:Read more about Abbott & Kindermann, Inc.Jeaninne's Linkedin Profile

By William W. Abbott

Readers may remember our earlier account of the first State of California planned community, Durham, in Butte County, started in 1913. Apparently pleased with the perceived success in Durham, the State Land Settlement Board embraced a more ambitious goal, this time an 8,000 acre community to be located in the community of Delhi, in Merced County. On the heels of World War I, the legislature expanded the program to specifically serve returning veterans.
Continue Reading An Historic Tale of Two Towns: The State of California as a Planner, Subdivider and Developer Part II

By William W. Abbott

Some people look at a water glass and see it half full, others see it half empty. It all turns on one’s perspective. Differing perspectives can also apply to water charges during periods in which the utility user elects to not take service: are those charges to be treated as standby charges, subject to voter approval by Proposition 218 (Cal. Constitution Art. XIII D), or are they fees for service, exempt from voter approval?
Continue Reading Proposition 218, Water Charges and Voter Approval

By Cori M. Badgley

As mining companies continue attempting to lay claim to gold in the state known as “the last frontier,” environmental groups continue in their efforts stop them. At issue in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009) 129 S. Ct. 2458 was the proposed disposal of “slurry” from the Kensington Gold Mine into Lower Slate Lake. The United States Army Corps of Engineers (“USACE”) issued a 404 permit for the “fill” of the lake, which was challenged by the Southeast Alaska Conservation Council (“SEACC”), among others, on the grounds that the new source performance standards found in Section 306 of the Clean Water Act (33 U.S.C. § 1251 et seq.) (“CWA”) prohibited the discharge of the slurry.
Continue Reading Alaska’s Gold Rush Continues: USACE 404 Permit Upheld by the Supreme Court

By Glen Hansen

In Lin v. City of Pleasanton, 2009 Cal. App. LEXIS 1170, the California Court of Appeal for the First Appellate District held that, barring extreme circumstances,Elections Code section 9238, subdivision (b)(2), does not require a referendum petition to include documents that were neither attached to the challenged ordinance, nor incorporated by reference.
Continue Reading A Referendum Petition does not have to Contain Documents that are only Referred to in a Challenged Ordinance

By Katherine J. Hart

The City of Los Angeles (“City”) adopted a Specific Plan containing a provision which imposes affordable housing requirements on residential and mixed use projects of more than 10 dwelling units (“DUs”) per lot. At issue in this case was whether the Costa-Hawkins Act preempts the City’s affordable housing requirements. The superior court held that the Costa-Hawkins Act does preempt the affordable housing requirements in the City’s Plan.
Continue Reading Another Developer Win on Affordable Housing Regs: A Local Agency can be Preempted from Implementing Affordable Housing Requirements as a Condition of a Project Approval

By Katherine J. Hart

The Riverwatch, et al. v. County of San Diego Department of Environmental Health, et al. (1989) 214 Cal.App.3d 1438 case involves the battle over attorney fees awarded to Petitioners by the trial court pursuant to Code of Civil Procedure section 1021.5, and proves that the courts are continuing the trend in awarding fees even for partially prevailing parties.
Continue Reading Attorney’s Fees in CEQA Cases: Hardly a Gamble Anymore

By William W. Abbott

The Building Industry Association (“BIA”) scored a major success with AB 333, which protects many tentative maps by tacking on an additional statutory life jacket of 24 months. Chapter 18, Statutes of 2009 operates as follows.

Tentative subdivision maps scheduled to expire before January 1, 2012, are statutorily extended by 24 months. The new extension authorization is in addition to those already provided for by law., listed below:…
Continue Reading How Many Lawyers Does it Take to Extend a Tentative Map?

By Leslie Z. Walker

On July 3, 2009, the Natural Resources Agency issued a notice of proposed action (“Notice”) for the adoption of CEQA guidelines addressing the evaluation and mitigation of greenhouse gas emissions. Public Resources Code section 21083.05 requires that the Governor’s Office of Planning and Research (“OPR”) “prepare, develop, and transmit to the Resources Agency guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions,” by July 1, 2009. OPR transmitted these in April of 2009, ahead of schedule. See OPR Finalizes Proposed CEQA Guidelines and Transmits Them to Resources Agency. The Resources Agency has noticed its intent to adopt the guidelines, as proposed by the OPR. The Notice commenced the rulemaking process for the guidelines.
Continue Reading CEQA Guidelines on Greenhouse Gases One Step Closer to Law

“On July 8, 2009 senior associate Katherine Hart was unanimously confirmed by the Senate Rules Committee for reappointment by Governor Schwarzenegger to the Central Valley Regional Water Quality Control Board. Kate currently serves as the Vice-Chair of the Board. She was originally appointed by Governor Schwarzenegger in September 2005. She was reappointed by Governor Schwarzenegger for her second four-year term in September 2008. The Central Valley Regional Water Quality Control Board is one of the nine regional water quality control boards statewide. The Central Valley Board’s region comprises 40 percent of the entire State and contains the Sacramento-San Joaquin Delta. The Board makes critical water quality decisions for its region, including setting standards, issuing waste discharge requirements, determining compliance with those requirements, and taking appropriate enforcement actions.”

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.
Continue Reading Katherine Hart is Reappointed to the Regional Water Quality Control Board