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Court affirms range of city impact fees based upon a general description of facilities; puts out the flame for fire impact fees applied to a largely developed portion of the City for improvements previously paid for by the City.
Continue Reading Court Affirms Range of City Impact Fees Based Upon a General Description of Facilities; Puts Out the Flame for Fire Impact Fees

The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) provides that the purpose of an environmental impact report (“EIR”) is “to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment.” (Pub. Resources Code, § 21061.) In Center for Biological Diversity v. County of San Bernardino (2010) __ Cal.App.4th __, the court found that an EIR for a proposed open-air composting facility did not satisfy the informational purposes of an EIR in relation to air quality alternatives and water supply…
Continue Reading Put a Lid on It: EIR for Open Air Human Waste Composting Facility Held Invalid

Use of redevelopment funds by a city formed non-profit to acquire and develop school administrative buildings and a senior housing project with units reserved for 16 percent low and very moderate income residents was a valid use of redevelopment funds and did not require an Article XXXIV voter approval.
Continue Reading Article XXXIV Voter Requirements Inapplicable to Senior Housing Project Owned by a City Formed Non-Profit Public Benefit Corporation

In the first ever appellate court decision regarding CEQA and climate change, the First District Court of Appeal held the future development of a plan for greenhouse gas mitigation constitutes deferred mitigation. The Court also found the project description inadequate for failure to adequately describe whether the project would result in the refinery processing heavier crude because the EIR was internally inconsistent as well as inconsistent with other documents discussing the project.
Continue Reading 898,000 Metric Tons of Unmitigated CO2: Prime Conditions for the First Appellate Court Decision on CEQA and Climate Change

An appellate court sets aside a newly adopted general plan on grounds of incompatibility with the State Aeronautics Act, and on the basis of failure to consider a lower growth alternative in the EIR.

It has long been said that the general plan is the constitution for development and growth. In reality, the general plan has, on a selected basis, been subverted to other special planning purposes such as coastal planning, preservation of San Francisco Bay and Lake Tahoe and, as in the subject to this article, airport planning.
Continue Reading City’s New General Plan is not Cleared for Take-off, Returns to Base and is Grounded: Court Sets Aside Watsonville General Plan for Non Compliance with State Aeronautical Act and CEQA Requirements

One Day Seminar – Register Now! ~ Only $35

Featured Speaker: PAUL DOLAN, world-renowned winemaker, biodynamic grape grower, author, consultant and businessman is coming to the Motherlode Region on April 28, 2010, with a team of engineers and attorneys to strategize and help you balance economic and related business issues with environmentaland land use goals and…

One Day Seminar – Register Now! ~ Only $35

Featured Speaker: PAUL DOLAN, world-renowned winemaker, biodynamic grape grower, author, consultant and businessman is coming to the Motherlode Region on April 28, 2010, with a team of engineers and attorneys to strategize and help you balance economic and related business issues with environmentaland land use goals and obligations.

More information, agenda and registration click here.
Continue Reading PAUL DOLAN in the Motherlode Region – One day Only! Register Now!

In the second time in two months, the California Supreme Court announced that once a Notice of Exemption (“NOE”) for a project is filed, the applicable statute of limitations is 35 days – regardless of the circumstances surrounding the NOE. On April 1, 2010, the Court held that a citizens’ suit challenging a project under the California Environmental Quality Act was barred by the 35-day statute of limitations contained in Public Resources Code section 21167 subdivision (d) because the City of Stockton had filed a facially valid NOE.
Continue Reading No Fooling: A Facially Valid NOE Triggers a 35-Day Statute of Limitations

Abbott & Kindermann, LLP launches California Settlements & Colonies, a blog chronicling California historic settlement stories, starting with San Bernardino, California 1851 – 1857 the Largest Latter-day Saint Colony Outside of Utah and the Largest Anglo-American Settlement in Southern California. Visit the California Settlements & Colonies by going directly to http://californialandsettlements.com/ or clicking on the Colonies and Settlements link at https://blog.aklandlaw.com/. Share your settlement story by clicking “submit your own story.”…
Continue Reading Abbott & Kindermann, LLP Launches California Settlements & Colonies Blog