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by Janell M. Bogue

Recently in San Diego County, an association of residents of two subdivisions (“Association”) sued the developer that retained control over the architectural committees responsible for enforcing the community’s CC&Rs. Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc. (2005) 132 Cal.App.4th 666.
Continue Reading DRE Regulations on Architectural Control Committees Apply Only to Common Interest Subdivisions

On the bright side, we have learned that there is one more local agency action exempt from CEQA. In Citizens to Enforce CEQA v. City of Rohnert Park (2005) 131 Cal.App.4th 1594, an MOU entered into between the City of Rohnert Park and a local tribe, the subject of which was a funding agreement to…

by Elias E. Guzman

In Acosta v. Glenfed Development Corp. (2005) 128 Cal.App.4th 1278, the court of appeal recently held that a developer/general contractor can be liable long after the 10 year statute of limitation period for the willful misconduct of subcontractors involved in the project.
Continue Reading Exception to 10-Year Statute of Limitations Rule for Construction Defect Litigation

As a general limitation, the Unruh Civil Rights Act (Civ. Code, §§ 51-51.4), bars any form of discrimination in residential developments unless expressly permitted. Senior citizen housing is one of the exceptions. In order to comply with the Act, the development is subject to limitations impacting physical design, age and related occupancy, and operation of…

by William W. Abbott Concerned over the supply of affordable housing, the Legislature has in recent years sought to create incentives for developers. One incentive area involves density bonuses. (Gov. Code, § 65915.) Although this concept has been embodied in the state zoning law for a number of years, it failed to achieve its purpose…

by Elias E. Guzman

In Woodridge Escondido Property Owners Assn. v. Nielsen (2005) 130 Cal.App.4th 559, the court of appeal recently affirmed a trial court’s ruling that a homeowner’s construction of a wooden deck encroached upon a side yard easement in violation of the homeowner associations’ declaration of covenants, conditions, and restrictions (“CC&Rs”).
Continue Reading Woodridge: Encroaching Decks and CC&Rs?

by Joel Ellinwood, AICP

The anti-discrimination law of California (Fair Employment and Housing Act or “FEHA”) (Gov. Code, § 12900 et seq.) and the federal Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.) require that newly constructed dwellings be accessible. Under the FEHA, “covered multi-family dwellings” for which building permits are applied after July 1, 2005, must be designed to be accessible for and useable by disabled persons. (Gov. Code, § 12955.1). This somewhat awkward term is even more inartfully and obscurely defined in Government Code section 12955.1.1, as meaning:

* A building with at least four condominium units or three rental units if the building has an elevator; or,
* The ground floor of dwelling units in buildings with at least four condominium units or three rental units if the building does not have an elevator.
Continue Reading California Multi-Family Development Accessibility Requirements (aka “Universal Design”)

Bill Abbott was recognized again by the publishers of Law and Politics and San Francisco Magazine as a leading practitioner in the field of land use law in Northern California.

Bill Abbott was also a finalist for the “Boss of the Year” award and was honored by the Sacramento Legal Secretaries Association.

by Elias E. Guzman

In Endangered Habitats League v. County of Orange (2005) 131 Cal.App.4th 777, an appellate court determined that project approvals and findings must be consistent with a county’s general plan. The court also found that an environmental impact report (“EIR”) must provide sufficient information to the lead agency in order to make an informed decision.
Continue Reading General Plan Consistency and EIR Sufficiency