Articles

This month – October 10, to be exact – marks the 100th anniversary of initiative and referendum in California. It's hard to imagine that Gov. Hiram Johnson, the godfather of the constitutional amendment, could have imagined all the different ways that the initiative process would be used – especially by the moneyed interests that were his target in 1911. But it's equally hard to imagine that Johnson could have foreseen the way the initiative and referendum process would transform planning and development in California.

By now, most CEQA practitioners have faced the problem of what to do when a project opponent submits the attorney general's 18-page list of potential greenhouse gas mitigation measures, when many of the measures in the list may not be appropriate for a particular project.  On June 30, 2011, the Court of Appeal for the Second Appellate District held that the lead agency is not required to explain why each of the proposed measures is inappropriate for the project at issue. 

There was a time when the biggest opponents to infill development were the interstate highway, the barbeque grill, and the American dream. Following the failure of Assembly Bill 710, you might be able to add advocates of affordable housing to the list.

According to some Fresno locals, it was 30 years ago -- perhaps because of Proposition 13, perhaps because of the falling price of grapes -- that the city at the heart of the San Joaquin Valley went into decline. Since then, accusations of corruption, dismal economics, and nearly unmitigated low-density development have made the city both the butt of jokes and one of the nation's most forlorn urban areas. It has not suffered the spectacular fall of, say, Detroit -- but only because it never rose to Detroit's industrial prominence in the first place. 

With friends like the cities of Palo Alto, Redwood City, and San Mateo, who needs enemies? Certainly not the California High-Speed Rail Authority. 

The retirement of Peter Douglas, the 26-year executive director of the California Coastal Commission, has unleashed a tsunami of superlatives from admirers: "legend," "tremendous," "staunch advocate." For decades, Douglas has been a lighting rod of both praise and criticism for the Coastal Commission. Some say that, under his direction, the commission has protected coastal resources that otherwise would have been lost. Others say that during his tenure the commission has been too strict, too capricious, and too dismissive of property rights.  

Jurisdictions across California have slowly come to accept that their environmental reviews under the California Environmental Quality Act now must address greenhouse gas emissions. Yet, relatively few rulings exist to help jurisdictions establish thresholds by which to analyze a project's GHG impact. A recent case suggests that Assembly Bill 32, California's 2006 climate change law, may provide a reasonable guide. 

Well, local governments around California finally got their wish: The staff at the state Department of Housing & Community Development that reviews housing elements has been cut to the bone. So what does this mean about state review of housing elements – and, by extension, state law about housing elements as well?

A ballot initiative to remove parking meters from downtown Ventura has been knocked off the November ballot by a Ventura County Superior Court judge. 

While the Tea Party movement has been trying to "take back America" on the national stage since the election of Barack Obama, Tea Party activists have also turned their attention to taking back California – and, specifically,  Senate Bill 375, the 2008 law that seeks to combat climate change by promoting density in the state's metro regions. 

Sociologist Frederik Polak once said that "the future may well be decided by the images of the future with the greatest power to capture our imaginations and draw us to them, becoming self-fulfilling prophecies."  The organizers the Rethink/LA, an eponymous group consisting of some of the city's creative intelligentsia, seem to agree. The exhibit, on display through Sept. 4 at the Architecture+Design Museum,present bold visions of a future Los Angeles that should challenge the thinking and capture the imaginations of most Angelenos.

Assessments for services traditionally funded by property tax have faced an uphill battle after the passage of Proposition 218, the 1996 voter initiative that requires the local governments and special districts to seek voter approval for any proposed new or increased assessment before it could be levied. That hill has gotten steeper in the wake of a recent decision. 

The process of planning for affordable housing in California just got, inadvertently, more affordable. 

Among the many cuts that Gov. Jerry Brown enacted in his effort to balance the budget  is a $1 million hit to the Department of Housing and Community Development Building Equity and Growth in Neighborhoods Fund. That fund supports the department's housing element review activities; with roughly 20 staff members, the housing element review staff will be effectively cut in half. 

A thorough analysis of building codes and local ordinances applicable to seismic hazards provides the substantial evidence necessary to uphold a city's revised environmental impact report, the First District Court of Appeal ruled in Oakland Heritage Alliance v. City of Oakland.