Land Use, Environmental, and Real Estate Law in California
Instructors: Diane Kindermann, Bruce Baracco, Bob Klousner, Amanda Olekszulin, and Terry Rivasplata
The program is designed to give LAFCO, city and special district staff the ability to prepare, initiate, administer, review and comment on environmental documents required by the California Environmental Quality Act (CEQA). For more information, including Registration details, please visit www.Calafco.org
This seminar will guide winery, vineyard owners, operators and legal professionals through cost-effective strategies to address current environmental, business and technical challenges.
Two Dates and Locations:
November 6, 2012 – Oak Ridge Winery, Lodi; and
November 14, 2012 – Cielo Estate, Shingle Springs
More information, tentative agenda and registration coming soon.
By William W. Abbott
Mobilehome parks represent meaningful opportunities for affordable housing. Conversions of rental mobilehome parks to individual ownerships can create affordable ownership opportunities for lower income families and individuals, or displacement of the same economically disadvantaged households burdened with a difficult-to-relocate housing asset. The legislature has struggled with crafting the appropriate protocols for cities and counties to follow when reviewing applications for park conversion. The most recent judicial decision involves city and county practice when determining whether or not an application represented a bona fide application to convert (Government Code section 66427.5.)
Continue Reading Tenant Surveys Form Foundation of Denial of Mobilehome Park Conversion Request
Vested Rights, Vesting Maps and Development Agreements
William Abbott
121LUP154
Thursday, August 23, 2012, 9:00 a.m.-4:30 p.m.
Sutter Square Galleria
Sacramento, CA
Development agreements are an effective avenue for a community and developer to come together and process a project. Both sides of the table need to carefully consider the terms of these contracts and explore questions of content and performance before completing such an agreement. Learn the legislative and judicial aspects of development agreements.
By William W. Abbott
In a notable decision narrowing the potential application of prevailing wage requirements, the California Supreme Court ruled that charter cities may exempt themselves from paying prevailing wages for locally funded projects. The case involves the City of Vista which, by voter approval, enacted a .5 percent sales tax to fund construction and renovation of several public buildings. At the time, Vista was a general law city. In 2007, the City Attorney advised the City Council that in the event that the City converted to charter city status, then the city would have the potential option of exempting itself from prevailing wage requirements for projects funded with the sales tax proceeds on the basis that locally funded projects were not matters of statewide concern, and pursuant to charter law authority, the city was not obligated to follow general statutory requirements. The City Council authorized a special election for the purpose of putting the vote before the electorate of conversion to charter city rule. The impartial analysis for the ballot identified, among other points, that charter city status would give the city the option to exempt itself from prevailing wage requirements. Similar points were made in the ballot arguments in favor of the ballot measure. The matter passed with 67% of the vote. Following passage of the measure, the City Council amended city procedures providing for an exemption from prevailing wages unless otherwise required by law.
By Glen C. Hansen
As California seeks to reduce greenhouse gas (“GHG”) emissions in the state’s industries in order to implement provisions of California’s Global Warming Solutions Act of 2006 (i.e., AB 32), entities and trade groups both inside and outside the state have looked to the “dormant” Commerce Clause in the U.S. Constitution as a legal means to challenge those efforts. That constitutional argument could be potent. As Professor Deborah A. Sivas of Stanford Law School explains: “It could become impossible for states to do anything for regulating greenhouse gas emissions if there’s an invigorated dormant Commerce Clause, because states can’t really get their arms around emissions unless they look at what other states are doing.” To date, dormant Commerce Clause challenges to California’s GHG-reduction efforts have met with varied success in the federal courts.
By William W. Abbott
California State University East Bay undertook a dual purpose EIR for its campus master plan and two construction projects, the latter consisting of a housing complex and a parking structure. The EIR included alternatives at both the master plan and construction project level. The City of Hayward and public interest groups filed suit challenging the sufficiency of the EIR. The trial court found the EIR to be deficient and issued an order granting the petition for writ. The University subsequently appealed.
Continue Reading Town Versus Gown Fight Continues Over State University EIR
By Sharon Buckenmeyer
On July 27, 2012, the California Natural Resources Agency gave notice of intent to adopt CEQA Guideline section 15183.3 pursuant to SB 226 (Simitian). Section 15183.3 is intended to streamline the environmental review process for eligible infill projects and reduce the time and cost of the environmental review. To be eligible the infill project must meet specific criteria and satisfy the performance standards as defined in the proposed addition. Public comments are due September 10, 2012. For more information go to: http://ceres.ca.gov/ceqa/sb226_guideline_updates.html.
Sharon Buckenmeyer is a paralegal at Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.
The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.
By Glen C. Hansen
In Quail Lakes Owners Assn. v. Kozina (2012) 204 Cal.App.4th 1132, the Court of Appeal for the Third Appellate District affirmed a trial court’s decision to grant a verified petition by a homeowners’ association for an order under Civil Code section 1356 to modify the association’s governing laws to reduce a supermajority voting restriction.
Abbott & Kindermann, LLP is pleased to announce that two of its attorneys have been picked for the 2012 Northern California Super Lawyers list in the fields of land use and zoning: Kate Hart and William Abbott. 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 and real estate matters for more than 17 years.
