Jose Montoya is an Associate in Lozano Smith’s Los Angeles Office. He assists the firm’s public agency clients, focusing on a wide-variety of facilities and business and local government issues. Mr. Montoya is experienced with the California Environmental Quality Act (CEQA), Public Records Act, Brown Act and Tort Claims Act.
Mr. Montoya advises city councils, boards and commissions, city managers, and departments on a myriad of legal and quasi-legal issues under the applicable municipal code, city policies, and state and federal laws. He is experienced in drafting and preparing legal documents, including city ordinances, policies, resolutions, memoranda to city councils and staff, contracts, and opinion letters.
Mr. Montoya received his Juris Doctor from Whittier Law School. While in law school he was named to the Dean’s List and was recognized by the law school faculty as the 2014 Outstanding Graduate in Environmental Law. He earned a Bachelor of Arts from the University of California, Riverside.
February 2019Number 12A California appellate court has ruled that lay public opinions on nontechnical issues concerning a project's size and general appearance can provide substantial evidence of environmental impact, triggering the need to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA).The California Environmental Quality ActCEQA generally requires public agencies to identify potentially significant impacts of projects they carry out or app...
October 2018Number 61A California appellate court has ruled that development agreements may not be approved through voter initiatives. Development agreements are contracts between a local agency and a property owner or developer.In Center for Community Action and Environmental Justice v. City of Moreno Valley et al., the California Court of Appeal for the Fourth Appellate District held that it was the Legislature's intent to exclusively delegate approval of development agreements to local leg...