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by Robert T. Yamachika

The Subdivision Map Act has a long memory. This is what a prospective purchaser of several parcels in Ventura County recently found out in Fishback v. County of Ventura (2005) 133 Cal.App.4th 896. This decision is an excellent overview of the arcane world of antiquated subdivisions.
Continue Reading Subdivision Map Act: Annual Quartering Exception

by William W. Abbott Although never verified as the source, Mark Twain is considered the originator of the quote “whiskey is for drinking and water is for fighting.” Had he lived until the enactment of CEQA, perhaps he would have added something to his saying. As land use practitioners know, the water supply/CEQA/Subdivision Map Act interface has raised the bar in terms of what it takes for large development projects to move forward. A repeated challenge in this area is the dichotomy between theoretical water deliveries by the state and federal water contractors and actual deliveries, the difference commonly referred to as “paper water.” As readers of this newsletter may remember, a development project EIR analysis of water supply which concludes that adequate water exists based upon paper water is likely to be set aside by a reviewing court (see the March 2003 Abbott & Kindermann article on Santa Clarita Organization for Planning the Environment v. County of Los Angeles). This has been the trend in a number of court decisions going back to at least the year 2000. Jump forward to 2005, and the water supply challenge is neither fixed nor improving, and EIRs are still being successfully challenged.
Continue Reading Paper Water and Project Approval

by Sophie Rowlands

Apparently, you can still buy a home in California where the cattle (if not buffalo) do roam. Just look for property located within a designated Open Range area. Pursuant to California Food and Agriculture Code section 17124, the board of supervisors in any California county may pass an ordinance devoting the entire county or certain portions of it to livestock grazing. Such areas do not have to be limited to publically owned lands; they can and often do encompass privately owned lands.
Continue Reading Don’t Fence Me In

Diane Kindermann recently helped secure Sacramento-Yolo Port Commission approval of a $12 million bulk cement import and distribution facility at the Port of Sacramento in West Sacramento. The center could potentially double the port’s annual cargo.

Joel Ellinwood and Bill Abbott assisted K. Hovnanian Forecast Homes, Inc. in final approval of contested Swainson’s hawk mitigation,…

Are “losing” plaintiffs eligible to recover attorney’s fees under the private attorney general statute? According to Bowman v. City of Berkeley (2005) 131 Cal.App.4th 173, a recent decision from the First District Court of Appeal, the answer may be yes. Plaintiffs won their initial due process claim in superior court when the court found that…

The Supreme Court granted review in this case on January 25, 2006, and the opinion below is no longer citable. See Abbott & Kindermann Land Use Law Blog article for a discussion of the Supreme Court opinion. by Elias E. Guzman and Janell M. Bogue CALFED is an unprecedented collaboration among 18 state and federal agencies and the state’s leading urban, agricultural, and environmental interests. The ultimate goal is to develop a long-term, comprehensive plan that will restore ecological health and improve water management for beneficial uses of the Bay-Delta system, the intricate waterways created at the junction of the San Francisco Bay and the Sacramento and San Joaquin rivers and the watersheds that feed them. After many years of study and analysis, CALFED adopted a program to be administered over the next 30 years. The program includes measures designed to improve the Bay-Delta ecosystem, water quality and quantity, and Delta levee stability. On August 28, 2000, the final Programmatic Environmental Impact Statement/Environmental Impact Report (PEIS/R) was certified and CALFED adopted the Record of Decision (ROD) for the Program in accordance with NEPA and CEQA.
Continue Reading Programmatic EIRs Still Require Details and Analysis to be Found Sufficient

by William W. Abbott

How far can a city council go in closed session in settling litigation involving a land use dispute? We have a better idea after reading Trancas Property Owners Association v. City of Malibu (2005) 132 Cal.App.4th 1245 (rehearing granted October 26, 2005). In the eyes of the Second District Court of Appeal, the city council cannot (1) contract away the police power (the authority to apply later enacted zoning), and (2) make land use decisions which would otherwise be subject to a public hearing process.
Continue Reading Municipal Authority to Settle Litigation in Closed Session

by Joel Ellinwood, AICP

Developers and the general public think of townhouses as dwellings built on separate lots with common walls shared with neighboring property owners, as being more like single family homes. Each unit has a direct connection to the earth below and sky above. Condominiums, on the other hand, are perceived as being cubicles within a larger structure, and only a shared interest in the real estate on which the structure is located and common areas within and around the building.
Continue Reading What is the Difference Between a Townhouse and a Condominium? Depending Upon the Statute, Most Likely Nothing.

Abbott & Kindermann, LLP, along with David Storer at Development Advisory Services, recently teamed up to secure City Council approval of a 230 lot subdivision in Porterville, California. Their efforts included convincing the City that a proposed emergency ordinance would not apply to the tentative map application previously deemed complete by the City.