Land Use, Environmental, and Real Estate Law in California
Reserve your seat for one of four seminars taking place in early 2016.
In January and February 2016 Abbott & Kindermann, LLP will present its 15th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining…
By Brian Russell
North County Advocates v.City of Carlsbad (2015) 241 Cal.App.4th 94.
Westfield, the landowner and developer, (“Westfield”) proposed to renovate a 40‑year‑old shopping center located in the City of Carlsbad, California (“City”). In July 2013, the City approved Westfield’s request to renovate the former Robinsons-May store and other small portions of…
Reserve your seat for one of four seminars taking place in early 2016.
In January and February 2016 Abbott & Kindermann, LLP will present its 15th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining…
California Appellate Court finds that a local agency’s general plan calling for the agency to “work with” other responsible agencies in land use decisions requires nothing more than notice, willingness to meet, and consideration of their concerns.
Continue Reading Return of Banning Ranch: The Spurned Responsible Agency
Save Our Heritage Organisation v. City of San Diego (2015) 237 Cal.App.4th 163.
By Glen C. Hansen
Balboa Park, a large urban park in San Diego, includes the buildings and plazas constructed for the 1915 Panama-California Exposition and the adjoining buildings and improvements subsequently constructed for the 1935 California Pacific International Exposition (the Complex). Visitors enter the Complex via the Cabrillo Bridge (“Bridge”). The Bridge and the Complex are a National Historic Landmark and a National Historic Landmark District. A project was proposed to return the plazas to purely pedestrian zones. The project included a new “Centennial” bridge, reconfigured roadways and a new pay-parking structure. The City of San Diego (“City”) approved a site development plan for the project.Continue Reading ‘It’s Good Enough For Government Work’: Project May Violate Some General Plan Policies So Long As It Is Consistent With A Majority Of The General Plan
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.Continue Reading Buyer Beware: Project Conditions Of Approval Run With The Land
By Brian Russell
Walnut Acres Neighborhood Assn. v. City of Los Angeles (2015) 235 Cal.App.4th 1303
The owners of the property and the developer Community MultiHousing, Inc. sought a permit under Los Angeles City code section 14.3.1 to build an eldercare facility at 6221 North Fallbrook Avenue in Woodland Hills. Section 14.3.1’s purpose is to “provide development standards for Alzheimer’s/Dementia Care Housing, Assisted Living Care Housing, Senior Independent Housing and Skilled Nursing Care Housing, create a single process for approvals and facilitate the processing of application of Eldercare Facilities. These facilities provide much needed services and housing for the growing senior population of the City of Los Angeles.” (§ 14.3.1, subd. A.) The proposed eldercare facility exceeded the maximum allowable density and floor area of the residential zone. Zoning regulations limited a structure to 12,600 square feet, and the proposed facility would contain 50,289 square feet, including over 20,000 square feet devoted to common areas. The proposed facility would have 60 guest rooms and 76 guest beds. Application of the zoning regulations would have limited the site to 16 guest rooms. Pursuant to section 14.3.1, subdivision E, to approve an eldercare facility, the zoning administrator is required to make several findings. “The Zoning Administrator shall not grant the approval unless he or she finds that the strict application of the land use regulations on the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations.”Continue Reading Local Zoning Laws Prevent an Eldercare Facility from Proceeding with Plans for Development
By Brian Russell
Nick v. Department of Alcoholic Beverage Control (2014) 233 Cal.App.4th 194.
This is a case of one convenience store owner attempting to prevent another convenience store, 7-Eleven, from selling beer and wine by using the powers of the Department of Alcoholic Beverage Control (ABC). The petitioners, Adam and Sherry Nick (Nick) claimed in its complaint that under the Alcoholic Beverage Control Act (Bus. and Prof Code, Section 23000 et seq. or the “Act”) it prohibits the ABC from issuing a license that would result in or add to an undue concentration of licenses unless the local governing body of the area where the applicant’s premises is located determines that issuing the license would serve a “public convenience or necessity.”Continue Reading Did the California Alcoholic Beverage Control Cede its Authority?
By William W. Abbott
Adam Nick v. City of Lake Forest (December 23, 2014, G047115) ___ Cal.App.4th ___.
Due to over concentration of liquor licenses, the Department of Alcoholic Beverage Control referred an application for a determination of public convenience or necessity to the City of Lake Forest. A competitor then sought to overturn a city council’s findings in support of the license based upon four arguments: the city’s failure to act timely; improper determination by the planning commission; failure of the operator to provide a unique goods; and improper advocacy by the planning director.Continue Reading Too Much Of A Good Thing? Court Upholds Findings Of Convenience/Necessity For A Liquor Sales Permit.
By William W. Abbott
San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 498
Are general plan policies adopted by the citizens through an initiative, entitled to special consideration for purposes of determining consistency of projects with the general plan? Faced with that question in the context of planning policies adopted nearly 30 years ago in San Francisco, the Court of Appeal, First Appellate District, declined to elevate the legal significance of citizen crafted measures as compared to other regulatory requirements adopted through traditional means. Approximately 30 years ago, the voters in San Francisco adopted new land use requirements. Jumping ahead three decades, the court of appeal had to resolve whether a major private redevelopment undertaking was consistent with the relevant city regulations and policies, including those adopted by the voters.Continue Reading Court Of Appeal Applies Traditional Deferential Standard Of Review To Questions Of General Plan And Consistency Determinations Including Requirements Enacted By The Local Voters
