The Land Use Law Blog profiles a plethora of topics related to real estate and land use—including endangered species to environmental law. This blog is authored by the real estate and land use attorneys of Abbott & Kindermann in Sacramento, California.
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By William W. Abbott No one ever said planning was easy. In 2002, the City of Redondo Beach approved a coastal zone ordinance for the significant revitalization and intensification for its harbor area, a plan proposal known as “Heart of the City”. Residents opposed to the proposal,...
The Ninety Day Period to Challenge a Land Use Approval is Not Extended by More General Rules Governing Administrative Mandamus
By William W. Abbott The adjective “short” best describes California’s land use and CEQA statutes of limitation. From CEQA’s 30/35 day limitation periods, to the 90 day limits for the planning and zoning matters (Government Code section 65009), to the Subdivision Map...
Applying CEQA's Unusual Circumstances Exception to an Otherwise Exempt Activity Results in an EIR for a Single Family Residence
By William W. Abbott Property owners in Berkeley applied for use permits to demolish an existing home on a 29,714 square foot lot and to construct a 6,478 square foot home along with an attached 3,394 square foot, 10 car garage. The lot is a hillside lot with an approximately 50% grade. Based upon...
By Glen C. Hansen In Guatay Christian Fellowship v. County of San Diego (December 23, 2011, 09-56541) ___ F.3d ___, 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...
By William W. Abbott Flanders v. City of Carmel-By-The-Sea (January 4, 2012, H035818) ___Cal.App.4th ___ The most recent CEQA appellate decision brings to mind the well quoted line from Shakespeare: “my kingdom for a horse” to describe a trial court and appellate court ruling concluding...
Join William Abbott, Cecily Talbert Barclay & Matthew Gray this Winter at UC Davis Extension Land Use and Natural Resources Program
Annual Land Use Law Review and Update William Abbott, Cecily Talbert Barclay & Matthew Gray 113LUP141 March 2: Fri., 9 a.m.-4:30 p.m. Sutter Square Galleria Sacramento, CA Stay up-to-date on recent developments in California law affecting land use, planning and environmental compliance....
By Leslie Z. Walker On January 9, 2012, the Alameda Superior Court heard and issued a ruling in a lawsuit filed by the California Building Industry Association (CBIA) challenging the Bay Area Air Quality Management District’s (“Air District”) CEQA thresholds of significance....
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"
By Glen C. Hansen The City of San Clemente (“City”) imposed an “RVL” or “Residential, Very Low” set of land use restrictions on an undeveloped 2.85-acre parcel in the middle of a residential tract otherwise zoned “Residential, Low Density Zone”...
The Lead Agency Correctly Utilized Existing Conditions As The Baseline For Environmental Assessment When Acting Upon A Lease Extension Request
By William W. Abbott There is always a certain level of satisfaction at the end of the holidays when you find the last present, and for CEQA practitioners, the same holds true. On December 30, 2011, the First Appellate District issued a solid decision on baseline: Citizens for East Shore Parks...
Lack of Appropriation of Funds by the Legislature for Mitigation of Offsite Traffic Impacts Did Not Discharge the State University from Considering Other Feasible Strategies for Mitigation
By William W. Abbott There are times during which CEQA practitioners feel a close kinship with Sisyphus, the Greek king of legend condemned to push a large boulder up a hill and upon nearly reaching the top, lose his grasp on the rock to have it roll to the bottom where he is compelled to repeat...