In Riverside County, the county supervisors have never been big fans of federal endangered species regulations. So it should be no surprise that the board recently granted individual home builders a exemption basically excusing them from complying with those regulations. But the supervisors were forced to rescind those regulations once a judge ruled against them.. The issue arose in the southwestern part of the county, home to the Quino checkerspot butterfly, which last year was listed as an endangered species. Because of that designation, the animals and their habitats cannot be destroyed. The board was apparently upset because the listing occurred after development approvals had been given. "There was a dispute over what the county's role was in disclosing impacts for the Quino checkerspot," said Dan Silver, executive director of the Endangered Habitats League. The California Environmental Quality Act requires impacts to endangered species to be disclosed, he said. In June, the supervisors tried to get around the endangered species act by exempting builders of homes under 10,000 square feet from complying with the regulations. But that move was struck down by Superior Court Judge Gloria Trask. In September, the supervisors unanimously rescinded the entire policy. Now, said Deputy County Counsel Jay Vickers, "We have no policy with regard to the Quino checkerspot." What about following the Endangered Species Act? "That's up to the federal government," said Vickers. "They're basically trying to get around the policy," said Ray Johnson, an attorney for the EHL, which had sued over the exemption. But in mid-November, Trask dismissed the EHL lawsuit on the basis of the board's revised policy. The group is considering filing suit over the board's failure to do an environmental review before enacting the latest policy, Johnson said. The red, brown and yellow spotted Quino checkerspot butterfly only lives in a few places in Riverside and San Diego County, Johnson said. At one time the inch-long insect was one of the most common butterflies in Southern California, he said. The butterfly lives on plantago, a shrub found in the hilly country of Riverside County. In February, the county's planning director said that the butterflies had not held up any of 300 projects that had been reviewed since its listing, according to the Riverside Press Enterprise. The county supervisors in February also asked its staff to analyze what would happen if it stopped policing every new rodent and insect on the endangered species list, because the new listings are affecting development projects that have already been approved, the paper said. Two supervisors also suggested eliminating the county's Habitat Conservation Agency. Other contentious endangered species in the county have included the Stephens kangaroo rat, the California gnatcatcher and the Delhi sands flower loving fly. Riverside County has been dealing with endangered species issues since the listing of the kangaroo rat a decade ago, but many political leaders have resisted a full-scale planning effort to protect the species. The lawsuit is Endangered Habitats League v. County of Riverside, No. RIC 314330. Contacts: Dan Silver, Endangered Habitat League, (323) 654-1456. Ray Johnson, attorney for Endangered Habitat League, (909) 506-9925.
Monterey County voters rejected a general plan initiative while sending mixed signals on a general plan update adopted by the county. Voters also rejected a 1,100-unit subdivision during a special election on Tuesday.
The "no" side won all four ballot measures, even though two of the no votes conflicted with each other in the contentious and confusing election with a low turnout.
North Natomas
A lawsuit challenging a habitat conservation plan for Sacramento's North Natomas area has been filed in federal court by a group of environmentalists. A popular tool promoted by the Clinton administration, HCPs are intended to end disputes with landowners over plants and animals covered by the Endangered Species Act.
Under the Natomas HCP, an acre of land is to be preserved for every two acres developed in the area, a few miles north of downtown Sacramento along Interstat...
Santa Cruz Lumber Rules
Santa Cruz County supervisors are clamping down hard on the logging industry, and have approved "in concept" new ordinances that limit logging near residences, helicopter harvesting, and logging near riparian corridors.
The ordinances are expected to be presented to the state Board of Forestry next year as proposed rules that would impact only Santa Cruz County. The county is one of a handful of California coastal counties that have special authority to propose rules to the ni...
In one of the most active election days of the decade for planning and development issues, pro-growth and slow-growth forces battled almost to a tie on local ballots around the state in November. Slow-growthers won some high-profile victories, most notably a near-sweep in passing a highly publicized series of urban growth boundaries in Ventura County. However, they lost other key races in San Diego and El Dorado counties. And - perhaps most surprising - most measures to allow or promote growth passed ea...
The owner of a San Pedro hotel who intends to sell out to a nonprofit group has standing to file a Fair Housing Act lawsuit against the City of Los Angeles for allegedly interfering with the sale, the Ninth U.S. Circuit Court of Appeals has ruled. In addition, the Ninth Circuit ruled that City Councilman Rudy Svornich - while immune from liability for his legislative actions - is not immune from a lawsuit alleging he retaliated against the hotel owners by allegedly initiating code enforcement inspec...
In a region where unemployment is double the state average and many available jobs are in the low-paying service and retail sectors, a $100 million factory would appear to be a godsend. But in Shasta County, a proposed fiberglass insulation factory has instead become a lightning rod.
The two-year-old battle has split the community, with business and government leaders on one side and a mix of slow-growth advocates, physicians, and small business owners on the other.
In October 1996, representatives ...
Two local governments in Nevada have won the right to sue the federal government over alleged failure to prepare an environmental impact statement prior to implementing a water-rights acquisition plan in the Lahontan Valley.
The Ninth U.S. Circuit Court of Appeals has ruled that Churchill County and the City of Fallon do have the standing to sue the Secretary of the Interior under the federal Administrative Procedures Act. The local governments claim the Interior Department should have prepared a...
The U.S. Forest Service could be forced to make changes in its land-use planning for four forests it manages in Southern California as a result of a lawsuit that charges the service hasn't properly considered preserving the 40 federally endangered and threatened species of plants and animals that live there.
Until the Forest Service takes those species into account, the suit is asking a federal court to stop such activities as livestock grazing, mining, off-road vehicle use, road building, land ...
When 5.7 million people say they want to shield local funding from grabbing hands – as they did in November -- that should be the end of the story. At least, that's what California's redevelopment agencies would hope after this annus horribilis in the redevelopment world.
In Year Three of the Great Recession, it's comforting to think that California has heard all the bad news it's going to hear. Or at least we're so accustomed to bad news, that we've stopped getting depressed by it. As a result, many of this year's top stories come with silver linings.
The no-growth vs. slow-growth vs. build-everything debate has become a faint murmur, since not much of anything is getting built anyway. What is getting built, though, is generally pleasing to the smart growth crowd.
Fans of infrastructure development have surely cheered the progress on projects like High Speed Rail and Los Angeles Metro's 30/10 Initiative. Then again, skeptics may be assuring themselves that these projects will never get built.
Relations between the City of Alameda and developer SunCal appear to have soured in the wake of voters' overwhelming defeat of SunCal's plan to redevelop Alameda Naval Air Station. Three days after 85% of voters rejected SunCal's plan during a February 2 special election, city officials sent SunCal a notice of default, the first step in ending SunCal's exclusive negotiating agreement to redevelop the base.
The nonprofit organization GreenInfo Network has released a newly revised database that attempts to identify every publicly protected parcel of open land in California, ranging from national forest to urban pocket park. The database inventories 49 million acres of protected land composed of 51,500 separate holdings owned by 860 governmental agencies or nonprofit organizations. Downloadable for free, the information should be of use to planners, academics, government agencies, nonprofit organization, businesses and others, said Larry Orman, GreenInfo Network executive director.