Planning, Zoning, & Development

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By William W. Abbott

California’s historic settlement patterns are far more diverse then what would first appear to be the case. In addition to the religious (San Bernardino, Compton, Whittier ), the ethnic (Solvang, Ft. Ross) and the timber company towns (Samoa, Westwood, McCloud), there are numerous spiritual, philosophical, labor and socialist undertakings in this state’s history. This article is an overview of the labor/socialist origins of the Kaweah Colony, located in eastern Tulare County.
Continue Reading The Kaweah Colony: A Socialist Settlement in the 1880’s

By Cori Badgley

The Attorney General’s Office declared in a press release on June 24, 2009 that it intervened in a suit against the City of Pleasanton to remove the City’s “draconian and illegal” housing cap. The housing cap, which was instituted in 1996 through Measure GG, limits housing to 29,000 units throughout the City. The City can only accommodate another 2,000 units, if the housing cap remains in place. According to the Attorney General, the job growth over the past 10 years has nearly doubled from 31,683 to more than 58,000, while the available housing has only increased by 7,000 units. The draft General Plan Update predicts the creation of 45,000 more jobs over the next 15 years. In addition to not meeting the City’s fair share regional housing needs, the Attorney General asserts that the housing cap will lead to increased traffic congestion, urban sprawl, greenhouse gas emissions and an increased dependence on foreign oil. As the case progresses, Abbott & Kindermann, LLP will provide further updates.
Continue Reading Attorney General Sues Pleasanton Over Illegal Housing Cap

The budget conference committee has proposed suspending Williamson Act subsidies for one year. For more information, see Budget Committee Highlights and letter from the California Association of Counties and Regional Council of Rural Counties. Please check back for updates on this proposal.
Continue Reading Senate Committee Proposes Suspending Williamson Act Relief

Have you participated in an outstanding planning project in the last year? Do you know someone who should be recognized for their leadership in planning? Nominate a project or person for one of the award categories below by Monday, April 6, 2009.
Continue Reading Less Than Two Weeks Left to Submit Your Application for the Sacramento Valley Section APA Awards

By William W. Abbott

We all are familiar with the State of California in its role in land planning and development as the uber regulator. But if you turn back the hands of time immediately before World War I, a different picture emerges; that of land developer.
Continue Reading An Historic Tale of Two Towns: The State of California as a Planner and Subdivider, Part I

By William W. Abbott and Nathan Jones

According to leading lifestyle magazines, the status question is no longer: who is your architect, but: who is your land use attorney? And if you want to build your dream house along the coast, your attorney’s telephone number needs to be on your cell phone’s speed dial.
Continue Reading Dream Home Checklist: Architect, Contractor, Land Use Attorney

By Glen Hansen

In Arcadia Development Co. v. City of Morgan Hill (2008) 169 Cal.App.4th 253, the California Court of Appeal, Sixth Appellate District, held that the extension of a temporary growth control ordinance restarts the running of the 90-day statute of limitations found in Government Code section 65009 to challenge the ordinance.
Continue Reading Extending A Temporary Growth Control Plan Reopens The Statute of Limitations To Legal Challenges

By Cori Badgley and Nathan Jones

Estoppel is a pervasive legal concept dating back to the common law of England. Though it takes many forms, its application revolves around a party’s action or inaction to the prejudice of the other side or to a decision maker. Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which differs from an earlier set of facts. Inquasi-judicial tribunals like the Coastal Commission, the agency may both oppose you and act in a judicial capacity. The case of Mt. Holyoke Homes, LP v. California Coastal Commission (2008) 167 Cal.App.4th illustrates that estoppel applies when a party continues to negotiate with the California Coastal Commission (“Commission”) even though the Coastal Commission has already lost jurisdiction over the disputed matter.
Continue Reading Peril for the Unwary: Use It or Lose It Against The Coastal Commission

By Leslie Walker and Nathan Jones

The following case exemplifies that a developer cannot instigate litigation attacking a proposed ordinance until a municipal government has passed the ordinance in question. The matter of Stonehouse Homes, LLC. v. City of Sierra Madre (2008) 167 Cal.App.4th 531, more broadly holds that to maintain a declaratory relief action, a plaintiff must be able to demonstrate a present conflict in addition to showing the existence of tangible injury.
Continue Reading Putting The Cart Before the Horse – Developer Cannot Pursue Declaratory Judgment Before City Council Passes Final Housing Ordinance

By William W. Abbott

Sometimes, the moral of an appellate court decision is hard to find. In this case, I think it is buried in the footnotes. Many cities and counties now use administrative procedures including monetary citations as part of zoning and building code enforcement. Procedurally, a party subject of an adverse order has two avenues of appeal. First, a de novo appeal can be filed and heard by the superior court, or as illustrated in the recent case of Martin v. Riverside County Department of Code Enforcement (September 19, 2008) 2008 Cal.App.Lexis 1444, a challenge via a petition for writ of mandate serves as an alternative remedy. (Gov. Code § 53069.4(b)(1).)…
Continue Reading Zoning Citations: Next Time, Pay the Fine!