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By William W. Abbott

Mobilehome parks represent meaningful opportunities for affordable housing. Conversions of rental mobilehome parks to individual ownerships can create affordable ownership opportunities for lower income families and individuals, or displacement of the same economically disadvantaged households burdened with a difficult-to-relocate housing asset. The legislature has struggled with crafting the appropriate protocols for cities and counties to follow when reviewing applications for park conversion. The most recent judicial decision involves city and county practice when determining whether or not an application represented a bona fide application to convert (Government Code section 66427.5.)Continue Reading Tenant Surveys Form Foundation of Denial of Mobilehome Park Conversion Request

Vested Rights, Vesting Maps and Development Agreements

William Abbott

121LUP154

Thursday, August 23, 2012, 9:00 a.m.-4:30 p.m.

Sutter Square Galleria

Sacramento, CA

Development agreements are an effective avenue for a community and developer to come together and process a project. Both sides of the table need to carefully consider the terms of these contracts and explore questions of content and performance before completing such an agreement. Learn the legislative and judicial aspects of development agreements.Continue Reading Join William Abbott this summer at UC Davis Extension Land Use and Natural Resources Program:

Will Commerce Clause challenges thwart California’s efforts to reduce greenhouse gas emissions? In regards to the state’s Low Carbon Fuel Standard, one U.S. District Court has already said “Yes.”…
Continue Reading The Commerce Clause As A Sword To Challenge California’s Efforts To Curb Greenhouse Gas Emissions

By William W. Abbott

California State University East Bay undertook a dual purpose EIR for its campus master plan and two construction projects, the latter consisting of a housing complex and a parking structure. The EIR included alternatives at both the master plan and construction project level. The City of Hayward and public interest groups filed suit challenging the sufficiency of the EIR. The trial court found the EIR to be deficient and issued an order granting the petition for writ. The University subsequently appealed.Continue Reading Town Versus Gown Fight Continues Over State University EIR

By Sharon Buckenmeyer

On July 27, 2012, the California Natural Resources Agency gave notice of intent to adopt CEQA Guideline section 15183.3 pursuant to SB 226 (Simitian). Section 15183.3 is intended to streamline the environmental review process for eligible infill projects and reduce the time and cost of the environmental review. To be eligible the…

By Glen C. Hansen

In Quail Lakes Owners Assn. v. Kozina (2012) 204 Cal.App.4th 1132, the Court of Appeal for the Third Appellate District affirmed a trial court’s decision to grant a verified petition by a homeowners’ association for an order under Civil Code section 1356 to modify the association’s governing laws to reduce a supermajority voting restriction.Continue Reading Trial Court Did Not Abuse Its Discretion In Granting Verified Petition To Remove Supermajority Voting Restriction In CC&Rs.

Abbott & Kindermann, LLP is pleased to announce that two of its attorneys have been picked for the 2012 Northern California Super Lawyers list in the fields of land use and zoning: Kate Hart and William Abbott. More information is available at http://www.superlawyers.com/california-northern/. The firm is pleased to continue to serve private and public…

In a 2-1 decision, the Ninth Circuit in Pacific Rivers Council v. United States Forest Service, ___ F.3d ___, 2012 U.S. App. LEXIS 12553 (9th Cir. 2012), rehearing and en banc rehearing denied, held that the National Environmental Protection Act requires that a programmatic environmental impact statement analyze environmental consequences of a proposed agency action as soon as it is “reasonably possible” to do so, even if the agency has not made a critical commitment of resources regarding any site-specific project.
Continue Reading Did The Ninth Circuit Disregard Its Precedent And Impose A Higher Degree Of Analysis On Programmatic Environmental Impact Statements?

By William W. Abbott

In order to promote more logical urban development pattern, the extension of city services and to avoid underserved populations surrounded by more intense development typically with higher level of services, the legislature has periodically tinkered with the island annexation provisions. In 2000, the legislature created a streamlining provision for unincorporated islands of 75 acres or less, subsequently increased to 150 acres. Pursuant to Government Code section 56375.3, local agency formation commissions (LAFCos) may exercise a more streamlined annexation approval process and can waive the protest proceeding if an annexation is initiated by a city, and the property consists of an island of less than 150 areas. In 2010, Senator Gloria McLeod requested an opinion from the California Attorney General regarding administration of this code section. In July of 2012, the Attorney General weighed in with a formal opinion. While these opinions are not binding on courts or agencies, they are normally afforded great weight in terms of statutory interpretation. In other words, best to pay attention.Continue Reading California Attorney General Opines On Streamlined Island Annexations