Overview

A development project in Redding that would destroy critical habitat for endangered species may proceed because the affected habitat constitutes a small percentage of habitat available nationwide, the Ninth U.S. Circuit Court of Appeal has ruled. 

The Ninth Circuit's decision puts a new twist on the debate over what constitutes "adverse modification" to critical habitat by upholding a black and white mathematical percentage formula applied by the U.S. Fish and Wildlife Service (FWS). Using the formula, a FWS biological opinion determine there would not be adverse modification or destruction of critical habitat of three species native to the Central Valley.

A California Environmental Quality Act amendment that could ease Walmart's entry into new markets appears to be speeding toward approval in the state Legislature.

Assembly Bill 1581 (Torres) would exempt from CEQA review the alteration of a vacant retail structure of up to 120,000 square feet so long as the use is consistent with the applicable general plan and meets certain energy and water efficiency thresholds. The exemption would sunset on January 1, 2014.

While land use litigation per se is not overly complex, it contains two procedural rules that occasionally trip up project opponents. A San Diego community group that challenged a condominium project recently tripped on both hurdles.

By John Kaliski

John Chase, best known to many as urban designer for the City of West Hollywood for the past 14 years – even as he was recorder of all things architectural throughout Los Angeles – passed away suddenly and unexpectedly on Friday, Aug. 13. Over the next few weeks and months I will be re-reading his many articles, essays, and books not only to keep alive his memory but to remind myself of his vivacious and educative voice, which was at once keen, enthusiastic, insightful, humorous, sardonic, always observant, attentive to his audience (whether it was a crowd or just an individual), and loving.

This month's legislative session, which concludes August 31, includes no game changers like SB 375, but it does include a few bills related to land use and redevelopment that bear watching. 

CEQA

Los Angeles Stadium CEQA Exemption

Over 100 organizations have signed on to a statement circulated by the Planning and Conservation League opposing a CEQA exemption for the development of a would-be NFL football stadium in downtown Los Angeles. The concerns have arisen in part because of an exemption granted to Majestic Realty in 2009 for its proposed stadium in the City of Industry and because of Gov. Arnold Schwarzenegger's stated desire to grant exemptions to certain projects in the name of economic development. 

When the Hunters Point Naval Shipyard closed, the United States Navy was steaming home from the South China Sea and the best way to get across San Francisco was in an airborne Mustang GT. It was then, 36 years ago, that the prospect of a massive redevelopment for Hunters Point and adjacent Candlestick Point first sprang to life. And it was just last month that a project was finally approved.

The Department of Water Resources is a "person" for the purposes of the Fish and Game Code and thus is prohibited from killing an endangered or threatened species protected by the California Endangered Species Act, the First District Court of Appeal has ruled.

In early 2009, I wrote a story about the City of Bell's plan to lease 15 acres it had recently purchased to Burlington Northern Santa Fe Railroad for use as a truck yard. An environmental organization had successfully sued to block the project because Bell did not complete an environmental review.

As you no doubt know, Bell has been in the news lately for gross levels of corruption at the elected and staff level. Now, the Los Angeles Times has revealed that Bell is unable to pay back a $35 million debt that was issued for the railroad truck yard project. Standard & Poor's has placed Bell on a credit watch list.

The staff of the California resources board has released a staff report (pdf) and CEQA functional equivalent (pdf) document with its proposals for per capita greenhouse gas emissions targets for the state's four largest MPO's. The report comes roughly two months after ARB staff presented the board with a target range of 5-10 percent per capita reductions for 2020 for the four urban MPOs and "placeholder targets" for those of the Central Valley.

Somewhat unexpectedly, ARB staff has recommended different targets for each of the "big four." 

The announcement earlier this week that bookstore giant Barnes & Noble is for sale is important to city planners for two reasons.

First, however the deal comes together, the sale will almost certainly result in the closure of some of Barnes & Nobles' 720 U.S. stores. Closures could begin even before there is a sale, as the company tries to increase its appeal by shedding its weakest outlets.

If you are at all involved with urban planning in Los Angeles you were probably either in the audience or on the panel at last night's "The Future of the Los Angeles City Planning Department (and the City of Los Angeles)" event, sponsored by AIA, APA-L.A., ULI, and Cal Poly Pomona's College of Environmental Design. I suppose a third option is that you were stuck in traffic and couldn't make it.   

As CP&DR's Senior Editor Paul Shigley pointed out last week in his blog, retiring Chief Justice Ronald George of the California Supreme Court gained a well-earned reputation as a centrist and a unifier. 

So you're sipping your coffee and reading the news on your web-enabled phone as you glide along the Expo Line, idly shutting it off as you descend into the downtown connector en route to Union Station. Your bullet train to Sacramento leaves at 9 a.m., but you're not feeling too pressed for time, because as it turns out, that train isn't departing for several years.

If you can't quite see yourself in that picture yet, a coalition of urban planners and architects has an exhibit for you.  Through the month of August, railLA is hosting LA Beyond Cars, "a multimedia experience showcasing concepts, ideas, and musings from around the world on the future of Los Angeles."