The correlation requirement…I wonder if Crockett and Tubbs ever arrested anyone for possession of an uncorrelated general plan?

by William W. Abbott

What do Miami Vice, “We Built this City” by Jefferson Starship, and the Best Picture of the Year “The Color Purple” have in common? It’s the year 1985. It is the same year that the Court of Appeal initially defined the boundaries of the correlation requirement for general plans. Concerned Citizens of Calaveras County v. Board of Supervisors (1985) 166 Cal.App.3d 90. That is, the court was the first to apply the statutory requirement that the circulation element be “correlated” with the land use element. Government Code section 65302(b). fn1 In the Citizens case, the appellate court found that Calaveras County had run afoul of the correlation requirement in that the land use element provided for significant population growth while at the same time, the circulation element acknowledged an inability to build the supporting roadway infrastructure, and no likelihood of obtaining the funds necessary to close the gap in the future (perhaps the sin of too much honesty?). Flash forward twenty years, and in a fashion similar to how general plans have evolved, so has the judicial thinking on this same topic. Continue Reading Correlating Land Use and Circulation Elements of a General Plan

by William W. Abbott and Janell M. Bogue

The recent case of Hayward Area Planning Association v. City of Hayward (2005) Cal.App.4th 176 illustrates the importance of proper trial court record preparation in CEQA cases. Plaintiffs, community groups opposed to a proposed project, filed suit against the City of Hayward (City) and alleged that the City had not complied with CEQA. The developer, Hayward 1900, was identified as the real party in interest. Continue Reading Cost Recovery for Record Preparation in CEQA Litigation

by Robert T. Yamachika The Third District Court of Appeal recently decided a case addressing the interplay of water supply analysis and land use planning. As many readers of aklandlaw working papers already know, the California Legislature adopted Senate Bill 610 (Chapter 643, Statutes of 2001) and Senate Bill 221 (Chapter 642, Statutes of 2001) in 2002 to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 are companion measures which seek to promote more collaborative planning between local water suppliers and cities and counties. Both statutes require detailed information regarding water availability to be provided to the city and county decision-makers prior to approval of specified large development projects. Both statutes also require this detailed information be included in the administrative record that serves as the evidentiary basis for an approval action by the city or county on such projects. For more on SB 610/221, see Abbott & Kindermann’s November 2004 article on the legislation. Continue Reading New CEQA Guidance on Water Supply

by William W. Abbott

In 1990, Terry Parkin, obtained approval of a tentative parcel map for a four lot residential development located in Orange County. The map approval included 37 conditions, some of which pertained to site grading. Sixteen months later, the Board of Supervisors adopted the Foothill/Trabuco Specific Plan (“FTSP”). The FTSP approval included development regulations, and development and design guidelines. In regards to grading, the FTSP development requirements specified that no grading could be approved unless the County first approved a site development permit or use permit. Continue Reading Appellate Court Reaffirms the Rule that the Rights Attached to an Approved Tentative Map are Limited

By William W. Abbott

As a further effort to promote affordable housing, the Legislature once again amended the density bonus law (Gov. Code, § 65915) to create additional opportunities for developers. With these revisions, the Legislature has incentivized construction and donation of land for inclusionary units as well as childcare facilities. Effective January 1, 2005, the law will operate as follows: Continue Reading Supersize this Project! The New Rules for Density Bonuses

by Joel Ellinwood, AICP

Peter Detwiler, chief consultant for the California State Senate’s Committee on Local Government and long-time legislative staffer on land use planning issues has a new theme. In talks at professional planning seminars around the state, he is warning of a potential new weapon in the litigation arsenal of those opposing development in areas being annexed to cities or special districts. Whether Detwiler is right, or merely singing another version of “the sky is falling,” his pitch is worth paying attention to. He recently presented it at the annual Land Use Conference sponsored by UCLA and at the Sacramento Chapter of the American Planning Association luncheon speaker series. It goes like this. Continue Reading Legislative Leader Lilts, “LAFCo Litigation Looms.”

by Diane G. Kindermann Henderson

California’s legislature has implemented statutory requirements aiming to remedy the communication gap between water suppliers and municipalities when considering land use planning decisions. Senate Bill 610 and Senate Bill 221 require detailed information regarding water availability to be provided to local decision makers of cities and counties prior to approval of specified large development projects. In addition, both statutes require this information be included in the administrative record to serve as the evidentiary basis for an approval action by the city or county on such projects. The Guidebook for Implementation of Senate Bill 610 and Senate Bill 221 of 2001, prepared by the California Department of Water Resources, is a step-by-step manual providing direction on how to effectively complete a SB 610 water assessment and a SB 221 verification of sufficient water supply. Continue Reading Attention Water Suppliers and Municipalities: A Step-By-Step Guide to Implementing SB 221 and SB 610 Has Arrived

by William W. Abbott

One person’s innovative, edgy infill development is another person’s significant impact. Or is it? This is the issue recently addressed in Bowman v. City of Berkeley (2004) 122 Cal.App.4th 572. The developer in Bowman proposed an infill project in the City of Berkeley. The project involved an existing, single story vacant building of no architectural significance. The developer proposed to demolish the existing building and construct a four floor retail and a senior residential project of 40 units. The project went through multiple design changes as it proceeded with City review. In response to City and public review, the developer modified the building height where the site shared a property line with residential properties. City staff supported the project and recommended a negative declaration. Continue Reading Design Review and CEQA Analysis: New Guidance

by William W. Abbott

A new court decision affirms the adequacy of an EIR prepare in response to an application by Pluto Development, Inc, the development arm of Wal-Mart. Pluto submitted an application to the Town of Apple Valley (long time home of Roy Rogers, Dale Evans and Trigger, Roy’s trusty horse, for those of you under the age of 50). After preparation of an EIR, the Town Council approved the project, based upon a statement of overriding considerations. The project approval was subsequently challenged in court by a desert environmental group and the California Attorney General. The appellate court decision wrestled with several common EIR problems, and resolved all of them in favor of the lead agency. Continue Reading Men are from Mars, Women are from Venus, and Wal-Mart is from Pluto

by William W. Abbott

Despite what project critics may say, lead agencies do get it right every now and then. The recent decision of Mira Mar Mobile Community v. City of Oceanside (2004) 119 Cal.App.4th 477 is such an illustration. As one would suspect, existing residents in coastal communities prize their views of the ocean, and can be counted on to be large in their criticism of any project which potentially interferes with what they rightfully see as their right to a view of the ocean. Continue Reading Court of Appeal Affirms Dismissal of CEQA Challenge Alleging Inadequate Alternatives, Inadequate Consideration of View Impacts to Neighbors and Insufficient Evaluation of Mitigation to Coastal Sage Scrub