Articles

Enroll Now for Fall Quarter

The UCLA Extension Public Policy Program has opened enrollment for Fall Quarter. Online enrollment is available by visiting www.uclaextension.edu and referencing the Reg#.

Conferences:

25th Anniversary of The Land Use Law and Planning Conference (V9336)
Friday, Jan 21, 2011

Fall Courses:

New! Water Rights and Sustainability* (V9164 - Online)
Sep 20 - Dec 6
Jennifer Harder, Adjunct Professor, UC Davis School of Law

Overview

A development project in Redding that would destroy critical habitat for endangered species may proceed because the affected habitat constitutes a small percentage of habitat available nationwide, the Ninth U.S. Circuit Court of Appeal has ruled. 

The Ninth Circuit's decision puts a new twist on the debate over what constitutes "adverse modification" to critical habitat by upholding a black and white mathematical percentage formula applied by the U.S. Fish and Wildlife Service (FWS). Using the formula, a FWS biological opinion determine there would not be adverse modification or destruction of critical habitat of three species native to the Central Valley.

While land use litigation per se is not overly complex, it contains two procedural rules that occasionally trip up project opponents. A San Diego community group that challenged a condominium project recently tripped on both hurdles.

This month's legislative session, which concludes August 31, includes no game changers like SB 375, but it does include a few bills related to land use and redevelopment that bear watching. 

CEQA

Los Angeles Stadium CEQA Exemption

Over 100 organizations have signed on to a statement circulated by the Planning and Conservation League opposing a CEQA exemption for the development of a would-be NFL football stadium in downtown Los Angeles. The concerns have arisen in part because of an exemption granted to Majestic Realty in 2009 for its proposed stadium in the City of Industry and because of Gov. Arnold Schwarzenegger's stated desire to grant exemptions to certain projects in the name of economic development. 

When the Hunters Point Naval Shipyard closed, the United States Navy was steaming home from the South China Sea and the best way to get across San Francisco was in an airborne Mustang GT. It was then, 36 years ago, that the prospect of a massive redevelopment for Hunters Point and adjacent Candlestick Point first sprang to life. And it was just last month that a project was finally approved.

The Department of Water Resources is a "person" for the purposes of the Fish and Game Code and thus is prohibited from killing an endangered or threatened species protected by the California Endangered Species Act, the First District Court of Appeal has ruled.

As CP&DR's Senior Editor Paul Shigley pointed out last week in his blog, retiring Chief Justice Ronald George of the California Supreme Court gained a well-earned reputation as a centrist and a unifier. 

In a case involving the City of Stanton's "sensitive use ordinance," the Fourth District Court of Appeal has ruled that the city's handling of an application for an adult business was flawed. 

On December 1, 2008, Musa Madain submitted tenant improvement plans for a proposed adult cabaret on Katella Avenue. At the same time, he allegedly also attempted to submit the appropriate application and fee for an adult business. However, Madain claims he was told by city staff at the planning counter that the application and fee were not necessary. Two weeks later, Madain received a letter from the city manager stating his tenant improvements were rejected on the grounds his application was incomplete and that it was proposed within 300 feet of a "planned" church. 

After nearly a decade of conflict, Adam Bros. Farming, Inc.'s quest to receive compensation from the County of Santa Barbara has finally come to an end with a Ninth Circuit ruling in favor of the county. 

In 1999 the county had ordered Adams Bros. to cease farming on 95 of its 286 acres near Orcutt because those 95 acres had been designated as wetlands. Adam Bros. originally brought suit in California Superior Court claiming that the wetlands designation was faulty, that it decreased the value and usefulness of their farmland, and that it violated the federal Equal Protection, Due Process and Takings clauses. Adam sought damages and declaratory and injunctive relief. 

Like any visionary railroad baron, Leland Stanford hung on to some of the land at the end of the line -- in his case, the original Transcontinental Railroad. Stanford might not have imagined, however, that the ultimate fate of much of his land would depend not on the iron horse but instead on frogs, salamanders, and trout.  

In the century since the Governor Stanford first deeded land to the university that bears his name, several of its native species have qualified for protection under the federal Endangered Species Act, thus restricting Stanford University's ability to develop or otherwise use the land to fulfill its academic mission. The Stanford Habitat Conservation Plan is intended to ensure the land's long-term protection even as the university grows. 

Jamboree Road might not become the next Park Avenue, but a new vision plan recently completed by the City of Irvine signals a major shift away from the suburban lifestyle of Orange County. One of the early cities to pioneer the strict segregation of office-park style commercial development from master-planned residential areas, Irvine will be allowing thousands of new residential units into its business core in the coming decades. 

Mere conclusions and assumptions do not amount to substantial evidence to support a finding of physical blight, an appellate court has ruled in upholding a challenge by the County of Los Angeles against the City of Glendora. 

The First District Court of Appeal determined that the California Environmental Quality Act exemption for infill development applies only to projects within the limits of an incorporated city.

 The Vision California modeling exercise, however meticulous in its calculation methods, still relies on a slate of assumptions that call for some vigilant critiques. Calthorpe & Associates, which devised Vision California based on previous work, have stated elsewhere that the key to the global warming crisis lies in curbing "sprawl," that pejorative term for low-density suburban development. To the extent that a large lot, single-family home with a multi-car garage represents a choice, it is in Calthorpe's view neither a preferable nor sustainable one.