Articles

The partnership that owns a mobile home park in Fillmore, California received a Ninth Circuit determination September 2 that it has standing to sue the city over "interference" with its application to subdivide the park.

A developer proposing to replace two century-old houses in Fresno with 28 new two-story townhouses lost its appeal of a CEQA writ of mandate but won significant points from the Fifth District Court of Appeal in Citizens for the Restoration of L Street v. City of Fresno.

Pismo Beach: Price Canyon planning

Residents of Pismo Beach will vote in November on a measure that will give them more say in development decisions involving a large swath of land that few visitors to the city ever see. It's located inland in Price Canyon, behind the coastal Santa Lucia Mountains that flank the city.

The California legislative session ended this Labor Day weekend. Now it's all about the Governor's signing decisions. We'll have more on end-of-session legislative outcomes as the news shakes out but here are some preliminary items:

SB 270 plastic bag law goes to Governor

The AB 270 ban on single-use plastic bags had a tough time during the Legislature's final week but made it through after all.

It looks like Governor Jerry Brown's vision for Enhanced Infrastructure Financing Districts will become law. Meanwhile, a minor revival of redevelopment has also reached the Governor's desk but Brown appears likely to veto it.

It can sound like a simple step, to end Level of Service (LOS) metrics in CEQA transportation analysis. The more conceptually elegant Vehicle Miles Traveled (VMT) metric is easy to welcome in the abstract, with its incentives for shared and active transportation, its arguably simpler calculation methods, its potential to realign CEQA analysis with state climate protection law – and most of all, its escape from the addictive spiral of induced demand for broad, free-flowing highways that, under the logic of LOS analysis, always need widening again.

But in early August the Governor's Office of Planning and Research (OPR) published a detailed discussion draft setting out an alternative transportation impacts metric in compliance with last year's SB 743 mandate. And alongside the big-picture discussions of environmentally conscious innovation, the technical arguments began.

On August 26 the LA County Supervisors gave final approval to the Santa Monica Mountains Local Coastal Program (LCP) on its return from the Coastal Commission with amendments approved there July 10.

Since the Commission had already approved the whole program with county participation, a quick pro forma approval and a round of congratulations might have been expected.

Instead, a group of indignant winemakers and winelovers made a last attempt to beat the plan before it went through.

In a rare four-day session, the Coastal Commission gave the heart of one day to hearing and approving a $6 billion project to expand the I-5 transportation corridor north of San Diego. It spent even more of another day deciding to close the Children's Pool during seal pupping season in La Jolla. And as special beach access legislation moved toward the Governor's desk, discussion returned repeatedly to the Commission's dispute over Martins Beach in San Mateo County with property owner Vinod Khosla.

It's only $130 million. That's all the Affordable Housing and Sustainable Communities (AHSC) program has to spend this coming year. Spread out statewide, it's enough money to help steer some projects toward the prescribed goal of reducing greenhouse gas (GHG) emissions through environmentally responsible development. It's not enough to build a lot from scratch.

The California Supreme Court has ruled that an initiative is not subject to the California Environmental Quality Act even if it is adopted by a local elected body rather than placed on the ballot.

"Because CEQA review is contrary to the statutory language and legislative history pertaining to voter initiatives," wrote Justice Carol Corrigan for a unanimous court, "and because policy considerations do not compel a different result, such review is not required before adoption of a voter initiative."

In a sweeping new set of recommendations, the Governor's Office of Planning & Research has proposed that traffic congestion no longer be considered a significant environmental impact under the California Environmental Quality Act, and that expanded roadways in congested areas be assessed for possible growth-inducing impacts. >>read more

Fresh from its major Atherton win (see Bill Fulton's writeup at http://www.cp-dr.com/node/3540), the High-Speed Rail Authority won another key ruling July 31 that upheld the validity of its authorization to issue bonds for the project and said the project's preliminary funding plan did not need to be redone.

California's Fourth Appellate District on Friday struck down a special hotel tax that San Diego hotel operators had willingly imposed on themselves, as members of an unusually defined special district, to raise money for the city's convention center expansion. The court ruled that the tax required a two-thirds citywide popular vote for approval.

Under Proposition 13 as broadened in 1996 by Proposition 218, special taxes must be approved by a two-thirds vote of "the qualified electors" of the affected district, also expressed as "the electorate" of the district.

The Santa Ynez Valley in Southern California brands itself as bucolic wine country, a mix between grape-covered hills and Old West charm. The Chamber of Commerce touts the hospitality and diversity of the valley's few thousand residents, but one thing that isn't mentioned in the Chamber's materials is the Chumash Casino Resort, a business run by the government of the Santa Ynez Band of Chumash Indians that made a reported $366 million in revenue in 2008.

The government of the Tribe, which claims 249 on-reservation members, is attempting to acquire relatively autonomous federal trust status for a greater proportion of the Tribe's historic land.