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Court Declares Fresno Highway Policy Illegal

May 7, 2007

California Environmental Quality Act, CP&DR Staff, Fresno County, Vol. 22 No. 06 Jun 2007

The City of Fresno's policy of not requiring mitigations for developments' impact on state highways is illegal, according to the Fifth District Court of Appeal.

Lay, Nonspecific Comments, Don't Support 'Fair Argument,' Court Rules

May 4, 2007

California Environmental Quality Act, CP&DR Staff, In Brief, Monterey County, Vol. 22 No. 05 May 2007

Monterey County did not have to prepare an environmental impact report for a 28-lot subdivision in an area suffering from a severe groundwater overdraft, the Sixth District Court of Appeal has ruled.

San Diego County Antenna Use Permit System Invalidated By 9th Circuit

May 4, 2007

CP&DR Staff, In Brief, Legislation, San Diego County, Telecommunications antennas, Vol. 22 No. 05 May 2007

The Ninth U.S. Circuit Court of Appeals has upheld a district court ruling that strikes down San Diego County's ordinance regulating the location and appearance of cell phone antennas and other wireless facilities.

Court Upholds Gilroy's Plan Despite It's Lack Of Site-Specific Analyses

May 4, 2007

CP&DR Staff, Housing, Legal Digest, Santa Clara County, Vol. 22 No. 05 May 2007

A state appellate court has upheld the City of Gilroy's housing element against a challenge filed by affordable housing advocates. The court ruled that, under the housing element law in effect when Gilroy updated its housing plan in 2002, the city did not have to provide a site-specific inventory and analysis.

Builders, Administration Differ With Environmentalists On Species Review

May 4, 2007

Clean Water Act, Endangered Species Act, Kenneth Jost, Legal Digest, Vol. 22 No. 05 May 2007

WASHINGTON _ Home builders are hoping that the U.S. Supreme Court will overturn a Ninth U.S. Circuit Court of Appeals decision that could broaden the impact of the federal Endangered Species Act on residential and commercial construction.

10 Years In The Life Of L.A.

May 4, 2007

Rich people living in subway-close high-rises? Poor people flooding the suburbs?

State High Court Hears Zoning, CEQA Cases

May 3, 2007

California, Legal Digest, Paul Shigley, Vol. 22 No. 05 May 2007, Zoning

LOS ANGELES _ The California Supreme Court has heard oral arguments in two unrelated land use cases that could have profound impacts for planners, developers and property owners.One case involves a City of Hanford zoning ordinance that restricts who may sell furniture; the second case concerns whether an airport land use compatibility plan is subject to environmental review. The court heard oral arguments in both cases on the same day in early April. Decisions are due by July 3.

Homeownership Programs Prove Tricky

May 3, 2007

California, Housing, Legislation, Paul Shigley, Vol. 22 No. 05 May 2007

As the popularity of inclusionary zoning for affordable housing has grown, so has the number of cities and counties who have a stake in affordable homeownership problems. Experts in those programs, however, warn that they are fraught with dangers and require extensive monitoring to ensure that units remain affordable.

Rancho Guejito: Environmental Gem Or New Growth Area?

May 3, 2007

Local Watch, New cities, Paul Shigley, San Diego County, Vol. 22 No. 04 Apr 2007

The owners of a 22,000-acre ranch in San Diego County are making preliminary moves to develop their property, located several miles east of Escondido. However, environmentalists, public land advocates and even a pro-growth county supervisor are already lining up in opposition.

The property is Rancho Guejito, which is both one of the last intact Spanish land grants remaining in California and the largest parcel of undeveloped, privately owned land in San Diego County. Environmentalists have long wanted to protect the property, which is mostly untouched except for cattle grazing on portions of the site.

Washington's Carrots And Sticks No Match For Global Warming Challenge

May 2, 2007

California, Insight, Legislation, Vol. 22 No. 04 Apr 2007, William Fulton

For the first time in 12 years, the Democrats are in charge of Congress. That ought to mean there is a long wish list somewhere regarding domestic policy issues, including issues associated with planning and development.

So far, we haven't seen much publicity on domestic policy – the Democrats, as more than a few media outlets have observed, are more interested in investigation than legislation. But as the congressional session unfolds, it won't be long before the new majority begins to focus on the two major federal policy levers that affect land use – the Big Carrot of transportation funding and the Big Stick of environmental regulation. In each case, a crisis appears to be forcing Congress's hand.

San Joaquin Valley Blueprint Planning Confronts Regional Fragmentation

May 2, 2007

Insight, Regional planning, San Joaquin County, Vol. 22 No. 05 May 2007, William Fulton

Can the entire San Joaquin Valley embrace the idea of regional planning – or at least agree on a common vision for how to accommodate future growth?

State Senate Transportation And Housing Committee Backs Extensive Planning Legislation

May 2, 2007

California, CP&DR Staff, In Brief, Vol. 22 No. 05 May 2007

A far reaching piece of planning legislation wins unanimous backing from the state Senate Transportation and Housing Committee, the state attorney general's office sues San Bernardino County, prospects for a liquified natural gas terminal off the coast of Malibu look dim, Pasadena approves a redevelopment proposal for a portion of the Ambassador College campus, and Glendora's downtown village breaks ground on the first mixed-use project in over 50 years.

Density Photos Worth 1,000 Words

May 2, 2007

How many public hearings have you attended in which a development opponent or neighborhood organizer says he can't support 10 units an acre, but 6 might be acceptable? Or if 20 units an acre are proposed, maybe 10 would be OK. Do you think anybody in the room — including the activist — can actually imagine what the difference looks like?

Density, whether high or low, is not inherently good or bad. It all depends on the project and its environs.

Court Ruling Underscores Need For New Delta Strategy

Apr 30, 2007

Alameda County, Environment Watch, John Krist, Vol. 22 No. 05 May 2007, Water

Alameda Superior Court Judge Frank Roesch sent shock waves rippling through California's water community in late March when he ordered the giant pumps at the heart of the State Water Project (SWP) to shut down, potentially cutting off water to two-thirds of the state's population.

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