CP&DR -

State Supreme Court Accepts Cases

Jun 29, 2007

California, CP&DR Staff, Legal Digest, Legislation, Vol. 22 No. 07 Jul 2007

The California Supreme Court has recently accepted for review three land use cases, including the court's fifth California Environmental Quality Act (CEQA) case since 2003.

Court Allows Permit Enforcement Despite No Sanctions For 18 Years

Jun 29, 2007

CP&DR Staff, Legal Digest, Legislation, Monterey County, Vol. 22 No. 07 Jul 2007

The Coastal Commission had the authority to order removal of a private, three-hole golf course that violated development permit conditions, even though the course was in place for 18 years before the Commission took action, the Sixth District Court of Appeal has ruled.

Understated Project Description And Impacts Prompt EIR Rejection

Jun 29, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Merced County, Vol. 22 No. 07 Jul 2007

The environmental impact report for an aggregate mine expansion in Merced County has been invalidated by an appellate court because the document's description of the project was "curtailed and shifting," water and traffic impacts were understated, baseline assumptions were not identified and mitigation measures were deferred.

Capital Market Demands Coastal Exclusivity

Jun 29, 2007

Morris Newman, Orange County, Places, Redevelopment, Vol. 22 No. 07 Jul 2007

I simply adore being in Cannes, with its splendid, high-end hotels, its outdoor cafes, the elegantly turned-out couples strolling on the boulevard, the nearly naked young people frolicking at the water's edge, unembarrassed by their perfectly toned bodies and golden skin….What's that? I am mistaken? We're not on the Riviera? Oh, naughty carissima, you are trying to fool me with a cruel joke! This couldn't possibly be…Huntington Beach?

Election Moves Monterey County To Verge Of Policy Paralysis

Jun 29, 2007

Legislation, Local Watch, Monterey County, Paul Shigley, Vol. 22 No. 07 Jul 2007

Land use politics in Monterey County reached a new level of chaos in early June, when voters cast ballots on four land use measures but apparently resolved nothing. Voters provided conflicting direction on a general plan update adopted by the county, rejected a slow-growth general plan initiative, and overturned county approval of an 1,100-unit housing development.

'Green' Power's Drawbacks Becoming More Evident

Jun 29, 2007

California, Environment Watch, John Krist, Vol. 22 No. 07 Jul 2007

Californians are relatively thrifty when it comes to electricity consumption, using less on a per-capita basis than residents of any other state. The average Californian consumed 7,032 kilowatt-hours of power in 2005, according to the California Energy Commission. That's not much more than half the U.S. average of 12,347 kilowatt-hours.

High Court Limits Endangered Species Protections

Jun 28, 2007

Endangered Species Act, Kenneth Jost, Legal Digest, Vol. 22 No. 08 Aug 2007

WASHINGTON _ Home builders are praising and environmentalists criticizing the Supreme Court's decision allowing states to administer water pollution permitting programs without complying with a key provision in the federal Endangered Species Act.

Sunnyvale, Mountain View Provide Different Downtown Stories

Jun 27, 2007

Downtown planning, Paul Shigley, Redevelopment Watch, Santa Clara County, Vol. 22 No. 07 Jul 2007

This is a story of two downtowns — one that has become a model core for a large suburb, and one where the walls that stalled progress have finally come down. This is also the story of the long-term consequences, sometimes unintended, of land use decisions.

Right On Cue, Ballot Measure Confusion Grows While Construction Slows

Jun 26, 2007

California, Initiatives and referendums, Insight, Vol. 22 No. 07 Jul 2007, William Fulton

Wouldn't you know it? Right when the real estate market slows down, the land use initiative business is picking up. And, as is often the case, the initiatives – rather than clarifying things – are making things more confusing. Although localized in nature, the confusion will continue all the way through the emerging real estate bust and on to the beginning of the next boom.

Brewpub Regionalism Could Cure City Ailments

Jun 25, 2007

Brewpub regionalism?

That's the phrase that came to mind Saturday night as I listened to John Hickenlooper, the mayor of Denver, talk about how he operates.

Nerdy geologist turned cool brewpub owner turned positive-thinking mayor, Hickenlooper is rapidly becoming a political legend. I heard him speak, along with Seattle Mayor Greg Nickels, at a dinner in Santa Monica sponsored by the Brookings Institution Metropolitan Policy Program in conjunction with the U.S. Conference of Mayors conference.

CEQA Exemption Is 'Common Sense,' Says High Court

Jun 22, 2007

California Environmental Quality Act, Legal Digest, Paul Shigley, Solano County, Vol. 22 No. 07 Jul 2007

The California Supreme Court has ruled that an airport land use compatibility plan qualifies for a "common sense" exemption from the California Environmental Quality Act.

Perhaps more importantly, the court opened the door for the first time to the idea that displacement of development — often an arguable consequence of a plan that favors one type of development over another — might be an issue that should be analyzed under CEQA.

Eminent Domain Reform Is Quiet, But Alive

Jun 19, 2007

California, Featured Articles, Legislation, Paul Shigley

Little appears to have happened since local government organizations and their supporters rolled out an eminent domain reform package that they said would protect homeowners and small businesses from government abuse. The May 21 announcement from the California Redevelopment Association and the League of California Cities got extensive press coverage, and the proposed legislation won plaudits from several newspapers, including the Los Angeles Times. A number of business and environmental groups said they would support the measures.

Toadless Tunnel Exemplifies Nature's Unpredictability

Jun 18, 2007

The toads of Davis have never figured out how to use the tunnel built a dozen years ago just for them.

Or they can't find it. Or they've died out. Or they just don't want to.

Your Vote Means Nothing In Monterey County

Jun 14, 2007

Monterey County voters must be wondering what the point is. They keep voting on land use ballot measures, but the votes resolve nothing.