Land Use, Environmental, and Real Estate Law in California
By Leslie Z. Walker
In the last weeks of 2009, the Natural Resources Agency adopted CEQA Guidelines Amendments for the mitigation of greenhouse gas emissions (“Amendments”), while the San Joaquin Valley Air Quality Management District (“SQAQMD”) became the first air district in the state to adopt thresholds of significance, which will likely face challenge from the California Attorney General.
Continue Reading Greenhouse Gas Guidelines and Thresholds: Science Required
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2010!
In January and February 2010 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 2010 will be discussed:
Global Warming: CEQA Guidelines, Mandatory Reporting
Water Supply Legislation
CEQA Litigation: Alternative Analysis & Exhaustion of Administrative Remedies
Subdivision Map Extension
Interpreting Development Agreements
Endangered Species Act
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 21, 2010
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: Thursday, January 28, 2010
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 12, 2010
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.
Continue Reading Reminder! Save the Date
By Cori Badgley
In Sunset Sky Ranch Pilots Association v. County of Sacramento (2009) ___ Cal.4th ___ the California Supreme Court reversed the decision of the appellate court, which held that the denial of a conditional use permit renewal was a project under CEQA. Although project denials are generally exempted from CEQA review, the appellate court reasoned that in this case the result of denying renewal of the permit constituted the whole of the action, and therefore, CEQA applied. (See “Court Holds that County Has Power to Deny Conditional Use Permit Renewal, but CEQA Applies”.) The California Supreme Court disagreed.
Continue Reading Project Denial Means Project Denial, Regardless of the Consequences
This article highlights the 2009 CEQA court decisions along with the proposed changes to the CEQA guidelines. Many of the highlights are linked to more detailed analyses prepared by the attorneys at Abbott & Kindermann, LLP.
Continue Reading CEQA: 2009 Year in Review
By Cori Badgley
The preliminary question in any inquiry under the California Environmental Quality Act is: does the action being approved by the agency constitute a project? While CEQA’s scope touches a significant array of actions, sometimes the answer to the question is “No.” In Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments (2009) 179 Cal.App.4th 113, the Court of Appeal, Second Appellate District was faced with this preliminary question in relation to a measure imposing a retail sales and use tax and establishing a Transportation Investment Plan.
Continue Reading Measure Including Transportation Investment Plan Held Not to Be a Project Under CEQA
By Leslie Z. Walker
In California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, the Sixth District Court of Appeals upheld an Environmental Impact Report (“EIR”) for the master plan of a greenbelt, against appellant’s attack on the range of alternatives and findings of infeasibility.
Continue Reading Petitioners Fail to Demonstrate that the City Failed at the Two-Step
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2010!
In January and February 2010 Abbott & Kindermann, LLP will presents 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 2010 will be discussed:
Global Warming: CEQA Guidelines, Mandatory Reporting
Water Supply Legislation
CEQA Litigation: Alternative Analysis & Exhaustion of Administrative Remedies
Subdivision Map Extension
Interpreting Development Agreements
Endangered Species Act
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 21, 2010
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: Thursday, January 28, 2010
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 12, 2010
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.
Continue Reading Save the Date!
By William W. Abbott
The Santa Barbara COG is the local transportation authority for Santa Barbara County. As authorized by statute, the COG approved Measure A, which consisted of a sales tax measure for voter approval for transportation improvements and an investment plan, which served as the statutory Expenditure Plan.
Continue Reading Approval of a Sales Tax Measure and an Investment Plan by the Regional Transportation Planning Body, as Part of a Sales Tax Measure to be Submitted to the Voters, Qualifies as Exempt from CEQA
By Katherine Hart
On August 27, 2009, the Court of Appeal, Third Appellate District in California issued the first ever CEQA decision on what an energy conservation impacts analysis can entail. In Tracy First v. City of Tracy, et al., the City of Tracy (“City”) prepared and certified an EIR and approved a project which included 1) a specific plan amendment to change the designation of property from industrial to commercial, and 2) a conditional use permit (“CUP”) to build a 95,900 square foot WinCo Foods store. Petitioner Tracy First sued to challenge the certification of the EIR and the approval of the project on the grounds the City failed to look at issues of energy conservation, alternatives, and extraterritorial traffic impacts…
Continue Reading A CEQA Issue of First Impression: Energy Conservation Impacts Analysis in EIRs
By Cori Badgley
In CEQA cases, the courts evaluate whether the agency proceeded in the manner required by law and whether substantial evidence supports the agencies decision. In other words, did the agency act reasonably in its analysis. This is the crux of City of Long Beach v. Los Angeles Unified School District (2009) 176 Cal.App.4th 889, in which the City of Long Beach (“City”) challenged the adequacy of an EIR for the construction of a high school in the City. Finding that the school district acted reasonably in its analysis of all the issues challenged by the City, the court upheld certification of the EIR.
Continue Reading Appellate Court Emphasizes CEQA’s Focus on Reasonableness
