Articles

In supporting the City of Stockton's refusal to accept a lawsuit filed by a citizens group against a proposed big-box store, the California Supreme Court has, for the second time in two months, made clear that if a public agency provides notice of a California Environmental Quality Act decision, legal challenges to that decision may be barred by the shortest statute of limitations, among several that the CEQA statute provides for, applies to legal challenges regardless of the context of the challenge.

The California Supreme Court has ruled that a project's air impacts are to be measured against existing ambient conditions, not against a permitted level of operations for the emitter.

This month more Census forms will arrive in California mailboxes than in those of any other state. And, while anxieties about response rates and undercounts persist nationwide, it is likely that California will fill out and submit more of them than will any other state. In its rawest state, the resulting data will give planners their most fundamental piece of data - the sheer number of people the state must accommodate. >>read more

Covered by chaparral and dry brush, the foothills of the San Gabriel Mountains in Los Angeles and San Bernardino counties are at a perennial risk of wildfire. And when the seasonal Santa Ana winds sweep through, they bring Apocalyptic storms of fire and ash that rain down on, and sometimes consume, the communities that press up against these slopes.

In planning, as with anything else, the progress does not arrive merely with the flow of time. The enthusiasm and ideas that swept over these pages in the first decade of this century -- smart growth, downtown revitalization, AB 32, SB 375, and all the rest -- are now met with delay, deferral, and, in some cases, bankruptcy.

California has a yet another seismic threat to prepare for, thanks to a set of new maps that depict a ferocious line of water that may, if earth moves in just the wrong way, someday surge inland along the state's coastline. Experts are saying that these new maps should be used to plan for emergency evacuations, not changes in land use planning. In at least one case, however, the Coastal Commission is already considering policies that would take tsunamis into account when approving developments.

Upholding a 27-year-old California Supreme Court determination, the Second District Court of Appeal has ruled that local agencies may impose a fee for the filing of an administrative appeal of a California Environmental Quality Act (CEQA) decision.

The old saying in government is that in order to understand what's going on, you've got to follow the money. In local planning throughout California, that's becoming increasingly easy to do. Local government revenues - property tax, sales tax, development fees, redevelopment funds - are in steep decline.

In yet another California Environmental Quality Act case involving whether an agreement between a tribe and a city constitutes a "project," the First District Court of Appeal has held that the law did not apply to an agreement requiring a city's formal support of a proposed casino in exchange for the tribe's funding of undefined city services and improvements.

CP&DR's regular roundup of legislation pending in Sacramento.

Hey you, Mr./Ms. Conventional Apartment Developer! Yes, you. Don't attempt to ignore me by rolling up your construction-loan documents and sticking them in your ears.

A Los Angeles native and longtime journalist, Josh Stephens has covered planning, land use, and architecture as an editor and freelance journalist for the better part of a decade.  He succeeded Paul Shigley as the third editor of the California Planning & Development Report in February 2010. He is now a Contributing Editor of the publication.

California Environmental Quality Act lawsuits may be the next victims of the state's ongoing recession. Democratic and Republican lawmakers have introduced legislation that follows up on Gov. Schwarzenegger's call to exempt 100 projects from judicial challenge based on the environmental law. Citing the ongoing recession, both supporters and opponents of the idea say this just might be the year that lawmakers are willing to take a bold strike at CEQA.