By William Abbott and Kristen Kortick
Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880.
Real parties filed for approvals to construct three homes on contiguous parcels in Berkeley hills. The City Board of Zoning Adjustment found that the proposed construction qualified for a Class 3 exemption (new construction of
Welcome to Abbott & Kindermann, Inc.’s 2018 Annual CEQA update. This summary provides links to more in-depth case write-ups on the firm’s blog. The case names of the newest decisions are denoted by bold italic fonts.
A. 2017 CEQA Update
To read the 2017 cumulative CEQA review, click here:
B. Cases Pending
There are
On December 28, 2018, the Natural Resources Agency adopted the final text to a comprehensive update to CEQA. Significant changes to the regulations include addressing global climate change and the affordable housing shortage. Significant improvements include proactive analysis of impacts for wildfires, greenhouse gas emissions, and transportation impacts. Climate change benchmarks within the guidelines were
High Sierra Rural Alliance v. County of Plumas, 2018 Cal.App. LEXIS 1032.
While challenges facing California’s urban centers are the focus of most planning policy gatherings, the fact is that on a geographic basis, most of California is not urban. Moreover, the economic engine which is responsible for creating new jobs and housing
Welcome to Abbott & Kindermann’s 2018 3rd Quarter CEQA update. This summary provides links to more in depth case write-ups on the firm’s blog. The case names of the newest decisions start with Section 3 and are denoted by bold italic fonts.
1. 2017 CEQA UPDATE
To read the 2017 cumulative CEQA review, click
Center for Community Action & Environmental Justice v. City of Moreno Valley (Aug. 23, 2018, case no. D073451) ___ Cal.App.5th ___.
The right of initiative and referendum is embedded in the California Constitution as a result of the nationwide progressive political reform movement that began at the end of the 19th century. In fact, Hiram
Welcome to Abbott & Kindermann’s 2018 2nd Quarter CEQA update. This summary provides links to more in depth case write-ups on the firm’s blog. The case names of the newest decisions start with Section 3 and are denoted by bold italic fonts.
To read the 2017 cumulative CEQA review, click here
County of Ventura v. City of Moorpark (June 12, 2018, case no. B282466) ___ Cal.App.5th ___.
Courts have frequently reminded lead agencies of the obligation to examine the whole of the project, thereby expanding the scope of CEQA analysis. The recent decision of County of Ventura v. City of Moorpark also examines the issue of
By William W. Abbott
Jensen v. City of Santa Rosa (May 1, 2018, A144782) ___ Cal.App.5th ___.
Negative declarations are notoriously at risk as a result of the fair argument standard of review. As the recent decision in Jensen v. City of Santa Rosa (May 1, 2018, A144782) ___ Cal.App.5th ___, illustrates, the successful
1901 First Street Owner, LLC v. Tustin Unified School Dist. (2018) 21 Cal.App.5th 1186
The methodology for imposing local impact fees is largely left to the discretion of the local agency adopting the impact fees. (AB 1600; Gov. Code §66000, et seq.; the “Mitigation Fee Act”.) As long as there is a reasonable basis for
