CP&DR - Articles

Ninth Circuit Rules Federal DOT Regulation Doesn't Create Civil Right

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

In a lawsuit over the siting of a Seattle area transit line, the Ninth U.S. Circuit Court of Appeals has ruled that a Department of Transportation environmental justice regulation cannot be enforced in court under the Federal Civil Rights Act.

Huntington Beach Tax Override to Fund Pensions is Thrown Out

Sep 1, 2003

CP&DR Staff, Huntington Beach, Legal Digest, Vol. 18 No. 09 Sep 2003

A Huntington Beach property tax override intended to fund employee retirement benefits violated Proposition 13, a divided Fourth District Court of Appeal panel has ruled. The court majority held that the tax override approved by voters in 1978 allowed the city to assess property owners only for retirement benefits offered at that time ï¿½ and not for increased benefits the city had given to employees since.

San Dimas Growth Restriction Withstands Facial Challenge

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

A developer's allegation that a City of San Dimas general plan amendment was an unconstitutional taking has been rejected by the Second District Court of Appeal.

Inadequate Administrative Record Results in Rejection of Project EIR

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

The importance of a complete and clear administrative record for development projects came to the forefront in a case from Merced County in which the Fifth District Court of Appeal overturned approval of a gravel mine because the administrative record was muddled. The court said it could discern little from the administrative record and, therefore, could not uphold the project's environmental impact report.

Cities Pursue Elaborate Swap to Save LA Base

Sep 1, 2003

Deals, Morris Newman, Vol. 18 No. 09 Sep 2003

Remember the frightening things your mother used to tell you in the name of safety when you were a child? If you went running around with scissors in your hand, you could put out an eye. Or if you went back into the swimming pool too quickly after eating, you could double up with cramps and drown.

Audits Question Local Agency Practices

Sep 1, 2003

CP&DR Staff, In Brief, Vol. 18 No. 09 Sep 2003

Two audits of redevelopment agencies that the Department of Housing and Community Development completed in August strike hard at local agency practices. The state found a number of accounting and planning deficiencies at the Baldwin Park Redevelopment Agency and told the City of Concord to stop using housing set-aside funds for general code enforcement activity.

Budget Strikes at Land Use Programs

Sep 1, 2003

Featured Articles, Paul Shigley, Vol. 18 No. 09 Sep 2003

The $99 billion 2003-04 state budget signed in August by Gov. Gray Davis contained almost nothing to cheer the planning and development community. The budget added another layer to an already complicated system of funding local government, shifted money away from redevelopment agencies, cut funding for some land use programs, and appeared to delay many of the toughest decisions for at least a year.

Alameda County Growth Control Survives Multiple Challenges

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

The First District Court of Appeal has published its decision upholding a slow-growth initiative approved by Alameda County voters in November 2000.

Riverside County's Content-Neutral Billboard Regulation is Ruled Constitutional

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 12 Dec 2003

The Ninth Circuit Court of Appeals has upheld the constitutionality of a Riverside County sign and billboard ordinance because of its content-neutral approach to regulation.

Coastal Commission, Mining Plan Cases Accepted by High Court

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

The state Supreme Court has accepted for review two land use cases in which appellate courts limited the jurisdiction of state officials. One case involved the Coastal Commission and the other concerned the director of the Department of Conservation.

Escondido Is Off The Hook For Improper Housing Set-Aside

Sep 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 09 Sep 2003

An appellate court has overturned a Superior Court decision requiring the City of Escondido to reimburse the city redevelopment agency's housing fund for 13 years worth of underpayments. The appellate panel instead ruled that, because of the statute of limitations, the city had to reimburse the housing fund for only three years worth of underpayments.

Standardized Infill Projections Could Aid Planners

Sep 1, 2003

Christopher Williamson, Research Reports, Vol. 18 No. 09 Sep 2003

Infill development is increasingly the best — or only — option for landlocked and built-out cities to add housing. However, estimating where and how much infill housing could realistically be developed are challenges.

San Diego County Lagoon Restoration Projects Receive Mixed Reactions

Sep 1, 2003

Environment Watch, Paul Shigley, Vol. 18 No. 09 Sep 2003

A long-planned 115-acre lagoon restoration project in Del Mar is on track after an appellate court rejected neighboring property owner's lawsuit over the restoration. Two to three years worth of work to restore San Dieguito lagoon could begin as soon as 2005.

New State Growth Policies Could Accompany a New Governor

Sep 1, 2003

Insight, Vol. 18 No. 09 Sep 2003, William Fulton

It's perhaps premature to ask what changes smut peddler Larry Flynt would make to the General Plan Guidelines, or where buxom billboard celebrity Angelyne stands on the latest wrinkles in the California Environmental Quality Act. But with the recall election only a month away -- and two statewide propositions on the special ballot along with the recall -- it's not too early to speculate on how the whole October 7 circus will affect the world of planning and development in California.