Category: Exactions and Assessments

Subscribe to Exactions and Assessments RSS Feed

Battle on the Beach—Sunset Beach Has No Right to Vote on Huntington Beach Taxes Before Being Annexed

Faced with the prospect of having to pay special property taxes after annexation by Huntington Beach, residents of unincorporated Sunset Beach sued to block annexation, or to require a vote by the Sunset Beach electorate on whether they should have to pay the taxes after annexation. In Citizens Association of Sunset Beach v. Orange County … Continue Reading

ACLU Files Brief in Support of Building Industry Association

It’s not every day that the American Civil Liberties Union and the Building Industry Association find themselves on the same side of an appellate case.  But it can happen, as shown by an amicus curaie brief the ACLU filed today in support of an attorneys fees award to BIA for its successful challenge to a city ordinance. The case, currently … Continue Reading

CBIA Heads Off Level III Fees

Level II school fees are intended to fund approximately 50% of the cost of school facilities. The other 50% is funded by the state through the Leroy-Greene School Facilities Act of 1998, commonly known as SB-50. But what happens when the state runs out of money, as will soon happen? SB-50 provides that if state … Continue Reading

CEQA and EIR Adequacy: The Latest Words on Public Services Impacts and Adaptive Mitigation Programs

Two important, recurring CEQA questions are answered by a recent court of appeal decision in a case involving the EIR for a California State University campus master plan: whether CEQA requires funding of mitigation for a project’s effects on public services; and whether an adaptive mitigation program for traffic and parking impacts improperly defers decisions about mitigation. … Continue Reading

Court Invalidates San Jose Affordable Housing Ordinance

The California Building Industry Association scored a major victory recently when a San Jose judge threw out the city’s requirement that residential developers sell or rent a specified portion of newly-built homes to lower-income households. The court ruled the city had not shown a reasonable linkage between the impact of new development and the need for affordable … Continue Reading
LexBlog