On December 15, 2011, Governor Brown will host an invitation only event on Climate Risks and California’s Future at the California Academy of Sciences in San Francisco. According to the Governor’s office, the conference will focus on the risks of unpredictable and extreme weather events caused by climate change and how our communities can prepare for and adapt to those changes. Conference topics include:

  • California and the Global Climate Challenge
  • Climate Change’s Human and Economic Impacts on California
  • A National Perspective on Climate Action
  • Climate Solutions to Protect California Communities and Help our Economy

The full agenda is available at: http://gov.ca.gov/docs/ECR_Agenda_b.pdf.

Although attendance is limited to invitees, the event will be streaming live on the Governor’s web site: http://gov.ca.gov/home.php.

By Kate J. Hart

The California Building Industry Association (BIA) challenged several provisions of the State Water Board’s newly adopted general NPDES construction permit. While a majority of their claims were denied and most of the permit provisions were upheld, the court struck down the newly imposed numeric effluent limits set for pH and turbidity.

Continue Reading SACRAMENTO TRIAL COURT STRIKES DOWN KEY PROVISIONS OF STATE WATER BOARD’S GENERAL NPDES CONSTRUCTION PERMIT

Abbott & Kindermann, LLP is pleased to be nationally recognized by peer law firms as one of the Best Law Firms® for 2012 in land use and land use litigation, as published by US News and World Report. William Abbott is also recognized in the same publication for his work in these fields. Mr. Abbott is also recognized again in 2011 as a Northern California Superlawyer® in the field of zoning and land use law.

By William W. Abbott

The Second Appellate District tackled several technical, but important legal considerations in a newly published decision, including whether the lead agency must analyze the impact of the environment on the project. (Ballona Wetlands Land Trust v. City of Los Angeles (December 2, 2011, B231965) ___ Cal.App.4th ___) This case involves the aftermath to an earlier court decision finding the EIR for the Playa Vista project to be deficient, and directing the City of vacate the approvals and correct certain EIR deficiencies. Consistent with the court’s earlier ruling, the City and developer went back to work on a revised EIR, and as a result of amendments to the CEQA Guidelines, included an analysis of greenhouse gas emissions, and re-approved the project, with mitigation measures. Opponents filed an opposition to the return to the writ, as well as a new petition. The trial court consolidated the two actions, denied the petition, then discharged the writ, following which the opponents appealed. The issues on appeal included sufficiency of analysis and disclosure of archaeological resources and mitigation, sufficiency of analysis of GHG as it related to coastal flooding; and whether the opponents could renew a challenge to the project description.

Continue Reading 2nd Appellate District Again Holds That For The Purposes Of CEQA, It Is The Impact Of The Project On The Environment, Not The Other Way Around

Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of three seminars taking place in 2012.

 

In January and February 2012 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.  In addition, the following hot topics for 2012 will be discussed:

 

Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting

CEQA Litigation: Alternatives Analysis & Exhaustion of Administrative Remedies

Subdivision Map Extension

Interpreting Development Agreements

Endangered Species Act

Water Quality and Wetlands

Water Rights and Supply

Cultural Resources

Renewable Energy

Environmental Enforcement

Hazardous Substance Control and Cleanup

 

Abbott & Kindermann, LLP will be presenting its annual program at three California locations, Sacramento, Modesto and Redding. Details for the seminars are below. We hope you can join us and look forward to seeing you there.

 

Modesto Conference

 

Date: Thursday, January 19, 2012

Location: Double Tree Hotel Modesto, 1150 Ninth Street

Registration: 12:30 p.m. – 1:00 p.m.

Program: 1:00 p.m. – 4:00 p.m.

 

Redding Conference

 

Date: Wednesday, February 1, 2012

Location: Hilton Garden Inn Redding, 5050 Bechelli Lane

Registration: 12:30 p.m. – 1:00 p.m.

Program: 1:00 p.m. – 4:00 p.m.

 

Sacramento Conference

 

Date: Friday, February 10, 2012

Location: Sacramento Hilton Arden West, 2200 Harvard Street

Registration: 8:30 a.m. – 9:00 a.m. with continental breakfast

Program: 9:00 a.m. – 12:00 noon

 

There is no charge for the programs and MCLE and AICP CM credits are available.

 

An RSVP will be required as space is limited. To reserve a spot, call our office at (916) 456-9595. When calling, please specify which conference you will be attending.

By Katherine J. Hart

On October 8, 2011, Governor Jerry Brown signed Senate Bill No. 436 (SB 436), authored by Senator Kehoe, into law. SB 436 substantially strengthens the mitigation aspect of the Planning and Zoning Law. It amends Government Code Section 65965 (Definitions), and adds three new Government Code Sections: 65966 and 65967, 65968.

Continue Reading Legislative Update: Mitigation Chapter of Planning and Zoning Law is Amended and Expanded to Ensure the Proper Management of Protected Lands (SB 436)

By Glen C. Hansen

In re Consoidated Delta Smelt Cases, 2011 U.S. Dist. LEXIS 98300 (E.D. Cal. Aug. 31, 2011)

In 2008, the United States Fish and Wildlife Service (“FWS”) issued a biological opinion (“BiOp”) under section 7 of the Endangered Species Act that addressed the impacts of the coordinated operations of the federal Central Valley Project (“CVP”) and State Water Project (“SWP”) on a threatened fish known as the California delta smelt in the Sacramento San Joaquin Delta. The BiOp concluded that “the coordinated operations of the CVP and SWP, as proposed, are likely to jeopardize the continued existence of the delta smelt” and “adversely modify delta smelt critical habitat.”

Continue Reading In Operation Of Water Projects, Federal Agencies Enjoined From Implementing Delta Smelt Biological Opinion

By William W. Abbott

This case reminds me of that dreaded moment when a judge, work supervisor or parent turns to you and asks, “what part of “NO” don’t you understand; the “N” or the “O”? And as simple as the question is, the answer, in a land use context, is more complicated then would first appear. For purposes of housing projects, the riddle is Government Code section 65589.5(j) which, among other provisions, requires a city or county to adopt findings justifying the denial or density reduction in circumstances in which the project complies with “applicable, objective general plan and zoning standards and criteria, including design review standards.” This code section was added in an effort to tighten down the discretion exercised by local officials when acting on a housing project application. It is codified as part of the Housing Accountability Act. A companion code section places the burden of proof on the city or county. (Government Code section 65589.6.)

Continue Reading How Do You Say “No” To A Housing Project? With Findings.

By Glen C. Hansen

The California Supreme Court is currently reviewing the issue of whether, in response to a construction defect action brought by a condominium homeowners association, the developer can compel binding arbitration of the litigation pursuant to an arbitration provision in the CC&R’s. A split of opinion exists in the court of appeals on that issue. That issue is raised in several cases pending before the court.

Continue Reading Supreme Court To Decide If A Developer Can Compel Arbitration Of A Condominium Homeowners Association’s Construction Defect Claim Under The CC&R’s

By Glen C. Hansen

In Tesoro del Valle Master Homeowners Assn. v. Griffin (October 3, 2011, B222531) ___ Cal.App.___, the Court of Appeal for the Second Appellate District affirmed a judgment following a jury verdict that found that a homeowners’ association (“HOA”) complied with the California Solar Rights Act (Civ. Code, § 714) when it denied the application of property owners to install solar panels on a slope adjacent to their residence; where the conditions, covenants and restrictions (“CC&Rs”) and Design Guidelines for the HOA expressly incorporated the requirements of section 714; where the homeowners failed to satisfy their burden to submit an application to the HOA that was complete and that addressed the HOA’s concerns about location, safety and aesthetics; and where expert testimony at trial demonstrated that an alternative solar energy system of comparable costs and efficiency could be installed that did not significantly increase the cost or decrease the efficiency of the system sought by Defendants.

Continue Reading Homeowners’ Association Complies With Solar Rights Act When It Reasonably Denies The Installation Of Solar Panels At Residence In the Development