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By William W. Abbott

In order to promote more logical urban development pattern, the extension of city services and to avoid underserved populations surrounded by more intense development typically with higher level of services, the legislature has periodically tinkered with the island annexation provisions. In 2000, the legislature created a streamlining provision for unincorporated islands of 75 acres or less, subsequently increased to 150 acres. Pursuant to Government Code section 56375.3, local agency formation commissions (LAFCos) may exercise a more streamlined annexation approval process and can waive the protest proceeding if an annexation is initiated by a city, and the property consists of an island of less than 150 areas. In 2010, Senator Gloria McLeod requested an opinion from the California Attorney General regarding administration of this code section. In July of 2012, the Attorney General weighed in with a formal opinion. While these opinions are not binding on courts or agencies, they are normally afforded great weight in terms of statutory interpretation. In other words, best to pay attention.Continue Reading California Attorney General Opines On Streamlined Island Annexations

Appellate court affirms the decision of the Director of the Department of Industrial Relations denying exemption from paying prevailing wages for a seniors project in circumstances in which the developer utilized two sources of otherwise exempt funds.
Continue Reading A Combination of Otherwise Exempt Funding Sources Causes a Seniors Project to be Subject to Prevailing Wage Requirements

Public agencies looking to appeal the merits of an adverse judgment and writ of mandate have to be careful about not taking actions which render the lawsuit moot. Awards of attorney’s fees under the private attorney general doctrine are not likely to be reversed on appeal.
Continue Reading Compliance with Trial Court Writ Renders Moot an Appeal on the Merits

In Guatay Christian Fellowship v. County of San Diego, ___ F.3d ___, 2011 U.S.App. LEXIS 25581 (9th Cir. 2011), the Ninth Circuit Court of Appeals held that a church’s claim that a land use permit regulation violated the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc (“RLUIPA”) was not ripe for judicial review because the church had not completed the requirements for the use permit, and therefore the courts could not determine the particular burden that the church would have to shoulder under the challenged regulation. The court left open the possible argument that the financial cost of complying with a land use permit regulation was so unreasonable or unattainable for a religious institution that such cost could constitute a “substantial burden” on the institution in violation of RLUIPA.
Continue Reading Ninth Circuit Applies Ripeness Requirement To RLUIPA Claims

City engages in impermissible spot zoning and a compensable taking where it creates a “one-house-per-20-acre island in a two-to-six-house-per-acre sea.”…
Continue Reading Compensable Taking Found Where City’s Spot Zoning Created “A One-House-Per-20-Acre Island In A Two-To-Six-House-Per-Acre Sea”

Senate Bill 436 (SB 436) amends and adds provisions to the California Planning and Zoning Law regarding mitigation lands requiring state and local agencies to protect natural resources that are impacted by their own development projects and to require endowments for the protection of those protected lands. It also authorizes agencies to require endowments for mitigation lands set aside for private projects.
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)