In 2006, a developers Y.T. Wong and SMI Construction, Inc. proposed to divide two existing ‘R-1' zoned parcels totaling 1.89 acres into 11 lots to allow for the development of single-family homes in the community of Fairview in unincorporated Alameda County, bordering the City of Hayward. The county sent out written notices to a number of agencies, neighbors, and other interested parties, including the group that would become the appellants, indicating the county's intent to utilize the section 15332 (Infill Development) CEQA exemption.
In a case pitting a real estate brokerage against a homeowners association, the trial court sustained demurrers to the HOA's complaint against real estate brokers who acted as dual agents in the developers' sale of properties in the development to HOA members.
Citizens for Open Government v. City of Lodi involves the consolidation of three separate actions revolving around the City of Lodi's approval of a conditional use permit (CUP) for a shopping center to be anchored by a Wal-Mart Supercenter.
In November 2006, the Imperial Irrigation District, based upon a negative declaration, adopted an Equitable Distribution Plan (EDP). The plan was designed to provide for the equitable apportionment of water to users in the event of a supply/demand imbalance. The governing board approved the plan, which provided for a straight-line method of allocation among agricultural users during shortfall periods. Agricultural users were the largest users in the district, with industrial users making up a small percentage of the remainder.
In 2004, the El Dorado County Board of Supervisors adopted a general plan. With that plan, the county adopted a programmatic environmental impact report (PEIR). The PEIR indicated that the development contemplated under the county's new general plan would have significant and unavoidable impacts on the county's oak woodland habitat and wildlife. The 2004 general plan identified two policies—options A and B—to assist in mitigating the impacts to oak woodland habitat.
One of the many key features of 1978's Proposition 13 was the rolling back of the taxes, and limiting annual increases. A change in ownership was treated as a triggering event for purposes of establishing property valuation, and in turn, the recalculated property tax liability. Duea v. County of San Diego clarifies as aspect of how, and when, tax liability may be recalculated.
The trials of Sisyphus are apt metaphors for that moment in the California Environmental Quality Act review process wherein parties believe they have reached the summit but in fact discover themselves at the bottom of the hill, only to repeat their past efforts.
Muting one of the more burdensome requirements of the Subdivision Map Act, the First Appellate has ruled in favor of "multiple sequential adjustments" in Sierra Club v. Napa County Board of Supervisors.
Observers of the California Environmental Quality Act may find it refreshing when a court lays it on the line. And that is exactly what Division Eight of the Second Appellate District did in addressing CEQA's requirements for baseline selection for projects with future implementation dates. Neighbors for Smart Rail v.
Since the passage of the Clean Water Act in 1972, when the Environmental Protection Agency told a property owner to jump, in some cases the property owner's only possible response was "how high?" No so anymore.
Last month, in Sackett vs. Environmental Protection Agency, the United States Supreme Court issued a ruling that places a limitation on how far the EPA can go to compel property owners to comply with the Clean Water Act.
