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By William W. Abbott
Citing the book “Exactions and Impact Fees in California”, the Third Appellate District ruled that the Subdivision Map Act (Gov. Code, §§ 66410 et seq.) 90-day statute of limitations trumped the longer Mitigation Fee Act (Gov. Code, §§ 66000 et seq.) timeline when reviewing a legal challenge to a subdivision map denial by the City of Chico. The case is Thomas Fogarty v. City of Chico (March 12, 2007) 2007 Cal.App.Lexis 339.
Continue Reading Appellate Court Cites Exactions and Impact Fees Book

By William W. Abbott

For many discretionary actions, lead agencies struggle with the question of CEQA timing. While many court decisions have criticized cities and counties with delaying the CEQA process, there are rare occasions in which the lead agency concludes that meaningful CEQA review is too speculative and therefore premature. Two new cases provide the bookends to this discussion.
Continue Reading Too early or too late for CEQA review: Two appellate decisions bracket the fundamental question of timing

By Janell M. Bogue

The California Supreme Court recently held that in specific situations, a newly incorporated city has greater discretion to reject a final map when the tentative map was approved by the county. This case is City of Goleta v. Superior Court of Santa Barbara County (2006) 40 Cal.4th 270.
Continue Reading Timing is Everything: The California Supreme Court Says a Newly Incorporated City Can Refuse to Approve a Final Map

By William W. Abbott & Janell M. Bogue

Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (February 1, 2007, S132972) __ Cal.4th __ [2007 Cal.Lexis 748]

Few CEQA cases reach the California Supreme Court. Accordingly, it is noteworthy that the court has issued two decisions on CEQA issues in the past eight months. The most recent decision in Vineyard Area Citizens, provides added extensive guidance on the interface between water supply and CEQA. The case also provides a more limited analysis on EIR recirculation.
Continue Reading California Supreme Court Weighs In Once Again on CEQA Compliance

By William W. Abbott and Janell M. Bogue

Practitioners need to immediately review public notification status on all pending Subdivision Map Act applications. AB 2867 (Chapter 363, Statutes of 2006), which was effective on January 1, 2007, amends the notice requirements of the Planning and Zoning law.
Continue Reading Effective January 1, 2007 Notice of Subdivision Map Act Public Hearings Must be Provided to Mineral Rights Holders

Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update – January 18, 2007

Abbott & Kindermann, LLP again presents their annual program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.

Date: Thursday, January 18, 2007
Registration: 8:30 a.m. – 9:00 a.m. with continental breakfast
Program: 9:00 a.m. – 12:00 noon
Location: Sacramento Radisson, 500 Leisure Lane, Sacramento, CA 95815

There is no charge for this program and MCLE credit is available.

An RSVP will be required as space is limited. To reserve your space now, call (916) 456-9595 and ask for Michelle.
Continue Reading There Is Still Time To Sign Up!

By Kate J. Hart

California’s Fifth Appellate District recently decided the case of Wagner Farms, Inc. v. Modesto Irrigation District (December 6, 2006) 2006 Cal.App.Lexis 1923, which involves the awarding of costs for preparation of the record of proceeding arising out of a CEQA suit.
Continue Reading Recent Case Examines Cost Recovery for Record Preparation Under CEQA

By Janell M. Bogue

Recently, the Third Appellate District held that the Natomas Basin Habitat Conservation Plan (“HCP”) was properly certified by the City of Sacramento and Sutter County (“City and County”) under CEQA and that the Department of Fish and Game (“DFG”) complied with the California Endangered Species Act (“CESA”) in issuing its incidental take permits. The case is Environmental Council of Sacramento v. City of Sacramento (2006) 142 Cal.App.4th 1018.
Continue Reading HCPs and Hawks and Snakes…Oh My!