Articles

The parts of a Kern county mining project are decidedly not greater than – or a substitute for – the whole, as far as the California Environmental Quality Act is concerned. 

Even though the recession has brought construction in the Central Valley nearly to a standstill, one of the world's largest suppliers of building materials appears bullish on the region. Cemex Construction Materials, LP, has proposed an aggregate mine on a 2,036-acre site in Fresno County, inciting protest from both environmentalists and local Native American tribes.

When Proposition 84 passed in 2006, it reflected a booming economy. Providing $5.4 billion for clean water, parks, and open space the measure was seen as an important way to protect the state's natural resources at a time before many were worried about $28 billion deficits or maxing out the state's bonding capacity. 

Prop. 84's primary focus is on waterways and water management. However, it also includes a relatively tiny set-aside for innovative planning that is proving to be a godsend to planning departments that are suffering unprecedented budget cuts (see CP&DR Insight Vol. 25, No. 5, March 2010). 

The Town of Mammoth Lakes has been ordered to pay more than $32 million for violating a development agreement.

In upholding a jury's award of damages to the developer, the Third District Court of Appeal made clear that local government agencies are treated like any other private contracting party when it comes to development agreements and can be held liable for damages if the agency breaches the agreement.

The City of Sunnyvale's analysis of a road improvement project's traffic and related impacts based on predicted conditions in 2020 violated the California Environmental Quality Act's requirement to compare a proposed project with existing conditions.

A case involving the relationship of the Subdivision Map Act with the Coastal Act and Mello Act has been accepted for review by the state Supreme Court.

A state appellate court has found that a provision of the Palo Alto municipal code requiring a 60-day delay prior to the issuance of a demolition permit did not render the permit approval a discretionary act requiring environmental review. The city properly treated the demolition permit as ministerial and exempt from the California Environmental Quality Act (CEQA), the Sixth District Court of Appeal ruled.

When 5.7 million people say they want to shield local funding from grabbing hands – as they did in November -- that should be the end of the story. At least, that's what California's redevelopment agencies would hope after this annus horribilis in the redevelopment world.

In Year Three of the Great Recession, it's comforting to think that California has heard all the bad news it's going to hear. Or at least we're so accustomed to bad news, that we've stopped getting depressed by it. As a result, many of this year's top stories come with silver linings.

The no-growth vs. slow-growth vs. build-everything debate has become a faint murmur, since not much of anything is getting built anyway. What is getting built, though, is generally pleasing to the smart growth crowd.

Fans of infrastructure development have surely cheered the progress on projects like High Speed Rail and Los Angeles Metro's 30/10 Initiative. Then again, skeptics may be assuring themselves that these projects will never get built.

A Santa Monica apartment complex owned by a religious group did not fall within a statutory exemption from local historic preservation regulations because the property has always been a commercial enterprise, the Second District Court of Appeal has ruled.

An environmental impact report for a 560-housing unit specific plan in the Riverside County city of Beaumont has been upheld by the Fourth District Court of Appeal. The court approved the city's use of a baseline for examining water usage that was favorable to the developer, accepted the city's determination that loss of farmland could not be mitigated, and upheld the city's statement of overriding consideration for approving a project with significant environmental impacts.

The future of land use in the City of Ontario is up in the air.  Literally. 

With the advent of AB 32 and SB 375, California has adopted some of the world's leading anti-greenhouse gas laws. And yet, even according to conservative projections, certain very low-lying coastal areas may not survive.

Some of the state's most vulnerable land rings the San Francisco Bay, which is becoming a battleground in the latest round of climate change policy debates. 

A program intended to preserve farmland, adopted pursuant to the county's general plan, has been upheld as reasonably related to adverse impacts of residential development on agricultural land by the Fifth District Court of Appeal. In addition, the unanimous three-judge appellate panel ruled the program is not in conflict with a state law prohibiting a local agency from conditioning the issuance of land use approvals on the granting of conservation easements.