Zoning

Subscribe to Zoning via RSS

By Leslie Z. Walker

Today, February 16, 2010, the Office of Administrative Law filed the Amendments to the CEQA Guidelines addressing greenhouse gas emissions (“Amendments”) with the Secretary of State. The Amendments require the quantification and mitigation of greenhouse gas emissions. (For more information about the Amendments, see OPR Finalizes Proposed CEQA Guidelines and Transmits Them to Resources Agency and CEQA Guidelines on Greenhouse Gases One Step Closer to Law.) The Amendments will become effective on March 18, 2010. Lead agencies should consult Guidelines section 15007 to determine when the Amendments apply to the agency’s actions.
Continue Reading 30 Days Left: CEQA Guideline Amendments for Greenhouse Gas Emissions to Become Law on March 18, 2010

By Leslie Z. Walker

A coalition of plastic bag producers avoided, at least for the moment, a major blow to business by using the California Environmental Quality Act (“CEQA”) to delay implementation of an environmental law banning the use of plastic bags in the city of Manhattan Beach.
Continue Reading Paper or Plastic? Public Right Exception Allows Plastic Bag Producers to Challenge Negative Declaration for Environmental Ordinance

By Cori Badgley

Under Proposition 218 (Cal. Const. art. XIII D), special assessments shall not “exceed the reasonable cost of the proportional special benefit conferred on a parcel.” The courts have divided this into two general inquiries: 1) is a special benefit conferred by the improvement to be built through the assessment?; and 2) is the assessment proportional? In Town of Tiburon v. Bonander (2009) ____ Cal.App.4th ____, the court answered yes to the first question, but found that the division of costs was not proportional under Proposition 218.
Continue Reading Prop. 218 Proportionality Rule Relates to Special Benefits, Not Construction Costs

From the quick fix solutions for the Delta to CEQA analysis on mitigation deferral, impact fees and the feasibility of alternatives, to the scope of the Corps permitting authority, the following legislation, regulations, and cases from 2009 (listed first by type of document, then in chronological order) will have the most impact on water supply, water quality, and land use and entitlement practice (e.g., development) in California in the coming years. And remember, you read it here first!
Continue Reading 2009’s Top 10: Legislation, Regulations, & Cases

By William W. Abbott

In 2001, the County of Inyo adopted an updated General Plan, which included a definition of “net acreage”. This definition excluded areas devoted to streets, roads and utilities. Over time, staff was concerned with interpretation of this provision as it related to utilities, and in 2005, the Board of Supervisors, based upon a negative declaration, amended the General Plan’s definition of net acreage, deleting the reference to utilities. The Board then acted to approve three parcel maps, each based upon negative declarations.
Continue Reading A Fair Argument and the Need to Prepare an EIR: A Timeless Tale

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 M. Badgley and William W. Abbott

In 2004, SB 1818 amended section 65915 of the Government Code, pertaining to the density bonus law. The purpose of SB 1818 was to encourage developers to build affordable housing by requiring local governments to provide meaningful incentives. There was confusion in understanding the new provisions in Government Code section 65915 and the legislature clarified the density bonus law a year later with the enactment of SB 435. The legislature has made minor revisions since SB 435 that further the purpose of the 2004 amendments. (See “Overview of Density Bonus Law” below for an outline of the current requirements.)…
Continue Reading Density Bonus Law Update: Statutory Refinements and Recent Cases

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!