CP&DR - Articles

Court Says City of Napa Ordinance Advances a Government Interest

Jul 1, 2001

Legal Digest, other, Vol. 16 No. 07 Jul 2001

An appellate court has upheld the City of Napa's zoning ordinance that requires developers to devote a portion of their projects to affordable housing. The unanimous three-judge panel of the First District rejected the Home Builders Association of Northern California's contention that the inclusionary zoning law amounted to an unconstitutional taking.

MWD's Search for Water Leads to an Unlikely Source

Jul 1, 2001

Environment Watch, John Krist, Vol. 16 No. 07 Jul 2001

The Cadiz Valley is an unlikely spot for an agricultural empire. A windswept Mojave Desert outpost best known for its spectacular sand dunes and dry lake beds, the valley receives only about 4 inches of rain a year and is seared by 120-degree temperatures during the summer. The nearby hamlet of Bagdad qualifies as one of the continent's driest spots, having once gone without recorded rainfall for 767 days. Left to its own devices, the landscape around Cadiz would support only such hardy veg

Project Opponent Loses Lawsuit for Failure to Correct Party

Jul 1, 2001

California Environmental Quality Act, CP&DR Staff, Legal Digest, Mendocino County, Vol. 16 No. 07 Jul 2001

The opponent of a proposed Mendocino County inn should have named the Coastal Commission in her lawsuit because the Commission, not the county Board of Supervisors, made the final decision on the project, the First District Court of Appeal has ruled.

High School Fends Off Challenge But Does Not Get Attorneys' Fees

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

A developer whose project was the subject of a California Environmental Quality Act lawsuit is not entitled to attorneys fees for helping a city defend the suit, the Fourth District Court of Appeal has ruled.

In Breif

Jun 1, 2001

In Brief, other, Vol. 16 No. 06 Jun 2001

State Coastal Commission Declared Unconstitutional byTrial Court

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

In a stunning trial court ruling, the California Coastal Commission was declared an unconstitutional agency. Sacramento County Superior Court Judge Charles Kobayashi ruled that the commission's composition violated the separation of powers doctrine because the Speaker of the Assembly and Senate Rules Committee appoint eight of the twelve commission members.

California Has Huge Stake in Federal HCP Debate

Jun 1, 2001

Featured Articles, John Krist, Vol. 16 No. 06 Jun 2001

Despite what Ralph Nader claimed, the differences between Al Gore and George W. Bush on environmental issues were stark. Those contrasts have become even more vivid during Bush's first few months in office. However, Bush appears likely to continue the Clinton Administration's support for Habitat Conservation Plans as a way of managing endangered species issues.

Art, Marketing, Redevelopment Boost Santa Ana's Fortunes

Jun 1, 2001

Local Watch, Paul Shigley, Vol. 16 No. 06 Jun 2001

Long considered a poor stepchild in Orange County, Santa Ana is working to turn around its image. The city is pressing forward with downtown redevelopment efforts, and the midtown Civic Center continues to cement its position as a center of government. The city recently landed the first Mexico Trade Center, beating out Los Angeles and San Diego for the office. And business leaders have undertaken a "branding" campaign that they hope to convert into a major marketing effort.

Lawsuits, Crowded Classes Force School Funding Choices

Jun 1, 2001

Paul Shigley, Public Development, Vol. 16 No. 06 Jun 2001

A new method of awarding state funding for school construction projects under Proposition 1A appears to be favoring urban districts at the expense of suburban and rural districts. The change has satisfied, for now, a number of ethnic and anti-poverty groups that had sued over an earlier state funding method. However, the change has angered many school districts, about 110 of which have sued the State Allocation Board.

Trial Court Rejects 8 Changes Made by Wilson Administration in 1998

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

A Sacramento County Superior Court judge has overturned eight amendments that the Wilson administration made to the Guidelines for implementing the California Environmental Quality Act. And although Judge Ronald Robie had not issued a final judgment as of late May, sources said his decision was unlikely to be appealed.

Local Control Falls Through the Doughnut Hole

Jun 1, 2001

Deals, Morris Newman, Vol. 16 No. 06 Jun 2001

If you do not care about either law or land use, there is much to laugh at in the story of how Majestic Realty used the state Legislature as a club with which to beat the City of Redlands.

Not All Urban Services Get Treated Equally in Planning Process

Jun 1, 2001

Insight, Vol. 16 No. 06 Jun 2001, William Fulton

A few years ago, a field representative for Pacific Gas & Electric told me a startling story about how the now-bankrupt electric utility was treated by one of the county governments in his district.

Housing Markets Avoid ‘Tech Wreck'

Jun 1, 2001

Stephen Svete, Trends, Vol. 16 No. 06 Jun 2001

All quiet on the western real estate front? The silence is probably a result of California's property owners collectively holding their breath while listening for the other shoe to drop.

State PUC Held to Lesser Standard for Environmental Study of Project

Jun 1, 2001

Legal Digest, other, Vol. 16 No. 06 Jun 2001

The City of Vernon has lost a case in which it alleged that the California Public Utilities Commission should have required environmental review of a proposed rail yard expansion. A unanimous three-judge panel of the Second District Court of Appeal ruled that Vernon failed to prove that the project was unreasonable. The case demonstrates the differences between projects controlled by the California Environmental Quality Act, and projects that fall under other sections of the state Public Reso