In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from imposing new impact fees in the future. The court reasoned such a provision constituted an
William W. Abbott
William W. Abbott is Of Counsel in Abbott & Kindermann, Inc., a Sacramento-based law firm focusing on land use issues. Mr. Abbott’s clients include public agencies, private developers, and property owners concerned with real estate development throughout California. A long time instructor in land use law, Mr. Abbott also serves as an expert witness on California land use proceedings in state and federal court.
Mr. Abbott has also participated in numerous training programs for local planning departments, County Supervisors Association of California, League of California Cities, and the County Planning Directors’ Association.
Practice Areas:
- Land use and planning law
- Real estate law
- Local government
- CEQA, NEPA
Education:
- J.D., University of the Pacific, McGeorge School of Law, 1978
- B.A., University of California at Davis, 1974
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition…
Continue Reading First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
EIR For Fuel Reduction Plan Allowing For Future Adaptive Management Strategies To Be Finalized In the Field Contained Sufficient Project Description and Level of Detail, Court Holds
The Regents certified an EIR for a project aimed at reducing wildfire risk at UC Berkeley’s Hill Campus, located in the East Bay Hills. Environmental organizations filed suit, contending, relevant here, that the EIR included an inadequate project description. The…
CEQA Requires That An Infill Project Be Consistent With All Applicable General Plan Goals And Policies, A Less Flexible Application Of The Consistency Doctrine
(United Neighborhoods for Los Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074)
CEQA’s infill exemption (Guidelines section 15332) is a very useful tool in the toolbox for streamlining CEQA review. This Guideline applies in cities and can be applied to sites up to five acres in size if substantially surrounded by urban development. …
An Agency’s Failure to Follow CEQA is Not a Defense to an Enforcement Action to Remove Encroachments
(Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554.)
It is not unusual in the non-urban parts of California for a property owner to install landscaping within a county right-of-way without ever securing an encroachment permit. In Santa Barbara County, like many jurisdictions, installing these improvements without County approval can be treated as a…
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide (Updated November 2023)
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide…
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Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions (Updated November 2023)
Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions…
Continue Reading Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions (Updated November 2023)
The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure
The First Appellant District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure …
Continue Reading The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure
NAVIGATING RECENT LEGISLATION ON SECOND UNITS, LOT SPLITS AND ACCESSORY DWELLING UNITS IN ADDRESSING CALIFORNIA’S HOUSING CRISIS
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
The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles
The Second Appellate District Backs City Infill Exemption For Senior-Living Facility in Urban Los Angeles…
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