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by William W. Abbott and Robert T. Yamachika

In 1998, the Wilson Administration adopted far reaching amendments to the CEQA Guidelines which narrowed environmental review and encouraged the use of negative declarations. In Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, environmental groups filed a writ of mandate to overturn these amendments as being inconsistent with state statute and case law. The trial court in large part agreed with the plaintiffs and granted the relief sought, that being a judicial determination that specified elements of the 1998 amendments were invalid. On October 28, 2002, the Third District Court of Appeal essentially agreed with the trial court. This article highlights the Court of Appeal decision and summarizes the remaining “safe harbor” CEQA provisions governing environmental streamlining.
Continue Reading Court Rejects Key 1998 CEQA Guidelines Amendments

by William W. Abbott and Robert T. Yamachika

The Governor recently signed AB 2370 which amends portions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (“LAFCo law”). This legislation takes effect on January 1, 2003, but does not apply to changes of organization or reorganization initiated prior to January 1, 2003. In a nutshell, AB 2370 prohibits local agency formation commissions (“LAFCos”) from approving a change of organization or reorganization or a change in the sphere of influence of a local government agency that would result in the annexation to cities or special districts, land that is subject to a farmland security zone (“FSZ”) contract or Williamson Act contract except under specified conditions. Thus, the net effect of the legislation is to further protect contracted lands from conversion to urban type uses.
Continue Reading Analysis of AB 2370 New Legislation Regarding LAFCos and Williamson Act Lands (Chap. 614, Stats. 2002)

by William W. Abbott and William V.W. Moore

In 2002 the Legislature amended the state zoning law in furtherance of its stated interest in creating housing opportunities. The first (AB 2292, Dutra) adds Government Code section 65863 and deals with “no-net-loss” of residential densities while the second (AB 1866, Wright) refines the state density bonus law. (Gov. Code § 65915.)
Continue Reading State Housing Objectives Move Forward in Year 2002 Revisions to the State Zoning Law

by Diane G. Kindermann and Robert T. Yamachika

In a recent Proposition 218 case, Howard Jarvis Taxpayers Association v. City of Salinas (2002) 98 Cal.App.4th 1351, the Court of Appeal for the Sixth Appellate District held that a “storm water drainage fee” was illegally imposed by the City of Salinas. The plaintiff, Howard Jarvis Taxpayers Association (“HJTA”) contended that the storm drainage fee imposed by the City of Salinas was a “property-related” fee requiring voter approval. HJTA’s arguments were based on Proposition 218, the “Right to Vote on Taxes Act,” which was passed by the California voters in 1996. Proposition 218 added article XIII D, section 6(c) to the California Constitution, requiring notice for a public hearing and a vote for a proposed property-related fee or charge. If a majority of the affected property owners or two-thirds of the electorate in the affected area do not approve the fee, it may not be imposed.
Continue Reading Storm Drainage Fees are Property-Related Fees Subject to Proposition 218 Requirements

by William W. Abbott and Robert T. Yamachika

The 1st Appellate District recently decided a specific plan/CEQA case, Napa Citizens for Honest Government v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342. While it involves a general law county and not a charter city, the legal principles as they relate to the specific plans provide good guidance for a city, and the CEQA holdings unquestionably apply.
Continue Reading New Thresholds Are Established For Specific Plans; Late Comments Can Still Derail An EIR

by Diane G. Kindermann and Robert T. Yamachika

The United States Supreme Court on April 23, 2002 decided in Tahoe- Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002) that temporary, government-imposed development moratoria do not automatically amount to a regulatory taking of private property requiring just compensation.
Continue Reading Temporary Moratorium on Development In the Lake Tahoe Basin Is Not a Taking

by Diane G. Kindermann and Robert T. Yamachika

Nationwide Permits
On January 15, 2002, the United States Army Corps of Engineers (“Corps”) announced the re-issuance of all existing Nationwide Permits (“NWPs”), General Conditions, and definitions with some modifications, and one new General Condition. All of the NWPs became effective on March 18, 2002 and expire on March 19, 2007.
Continue Reading New Nationwide Permits Issued by Army Corps of Engineers, Tolling Agreements and Revised Delineation Standards