The City of Visalia amended its general plan pertaining to neighborhood commercial districts, adding a limitation that no tenant could occupy more than 40,000 square feet. A shopping center owner submitted expert testimony regarding the potential for urban decay, but the court held it was insufficient to demonstrate that the limitation may have a significant
Planning, Zoning, & Development
REGISTER TODAY! Abbott & Kindermann’s 17th Annual Land Use, Environmental, and Real Estate Law Update
By Abbott & Kindermann, William W. Abbott, Diane G. Kindermann, Glen C. Hansen, Brian Russell & Daniel S. Cucchi on
Reserve your seat for one of four annual seminars taking place in early 2018 in Sacramento, Napa, Redding and Modesto.
In January 2018 Abbott & Kindermann, Inc. will present its 17th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture,…
The Voters Speak: Sometimes That Is
By William W. Abbott on
Posted in Local Government, Planning, Zoning, & Development
San Bruno Committee for Economic Justice v. City of San Bruno 2017 Cal.App. LEXIS 807
California land use nerds know well the origin of the right of initiative and referendum. A function of the national reform movement at the beginning of the twentieth century, California voters took matters into their own hands and inserted the…
A Cautionary Tale About Development Agreements: The Panoche Valley Utility-Scale Solar Project
By Glen C. Hansen on
PRIVATE LAND USE SETTLEMENTS: The potential fallout when a private side settlement agreement fails to settle your legal woes.
In 2010, the County of San Benito granted a conditional use permit for a solar project to the Panoche Valley Solar, LLC. The project was a 3,200 acre, 399-megawatt solar electric generation facility involving up to…
Go Ahead And Build The Project With The Disputed Permit Conditions – But You Could Be Forfeiting Your Objections If You Do So!
By Glen C. Hansen on
Posted in Planning, Zoning, & Development
By Glen Hansen
The California Supreme Court held in Lynch v. California Coastal Commission (2017) 3 Cal.5th 470, that plaintiff property owners forfeited their challenge to conditions attached to a permit to rebuild a seawall and beach access stairway because the plaintiffs accepted the benefits the permit conferred, even though they simultaneously filed an action…
Abbott & Kindermann, Inc. Is Pleased To Announce That Two Of Its Attorneys Have Been Chosen For The 2017 Northern California Super Lawyers List
By William W. Abbott & Diane G. Kindermann on
Diane G. Kindermann (2015-2017) and William W. Abbott (2004-2017) were again selected for the Northern California Super Lawyers List in the practice areas of Land Use and Zoning law. More information is available at http://www.superlawyers.com/california-northern/. The firm is pleased to continue to serve private and public clients in Northern California on land use, environmental…
The Constitutionality of Legislative Exactions Is Explained In Recent Journal Article Published By Abbott & Kindermann Inc.’s Senior Counsel.
By Glen C. Hansen on
In 2016, U.S. Supreme Court Justice Clarence Thomas issued this warning about legislative exactions: “Until we decide this issue, property owners and local governments are left uncertain about what legal standard governs legislative ordinances and whether cities can legislatively impose exactions that would not pass muster if done administratively.” He stated there are “compelling reasons…
Fifth Appellate District Defers To Municipality When Reviewing Findings Of General Plan Consistency
By Abbott & Kindermann on
Posted in Planning, Zoning, & Development
Naraghi Lakes Neighborhood Preservation v. City of Modesto (June 7, 2016, F071768) ___ Cal.App.4th ___.
By William W. Abbott
Why Words Matter In Your General Plan: Resolving Issues Of Horizontal And Vertical Consistency.
When does language in a general plan regarding the size of a shopping center denote a mandatory or directory requirement for purposes …
Vested Rights And The Chicago Cubs Winning The World Series: Long Odds On Both
By Abbott & Kindermann on
Posted in Planning, Zoning, & Development
Stewart Enterprises, Inc. v. City of Oakland (2016) 248 Cal.App.4th 410
By William W. Abbott
A judicial determination that a vested right exists brings to mind one of those folksy truisms I occasionally like to quote: even the blind squirrel finds a nut once in a while. Simply stated, California’s common law rule on vested …
Buyer Beware: Project Conditions Of Approval Run With The Land
By Abbott & Kindermann on
Posted in Planning, Zoning, & Development
By William W. Abbott
City of Berkeley v. 1080 Delaware, LLC (2015) 234 Cal.App.4th 1144.
As the real estate market gathers steam post-recession, many development projects involve project approvals obtained during the height of the real estate market. At the time, the sky was the limit and development economics was cast aide well before a project application was even filed. Current developers frequently want to know: Can the conditions of approval of dubious legality now be challenged? As a recent appellate decision illustrates, the time to challenge the condition may have long since passed.