CP&DR - Articles

EIR Consultant Not Held Liable For Developer's Losses

Nov 23, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Plumas County, Vol. 24 No. 16 Nov 2009 - 2

A developer is not entitled to reimbursement or damages from a consultant hired by a local government to complete an environmental impact report, the First District Court of Appeal has ruled. Even when the consultant fails to complete an EIR in a timely manner, the consultant owes no contractual duty to the developer that paid for the consultant, the court concluded.

Climate Change Adaptation Recommendations Result In Same Old Fight

Nov 9, 2009

California, Climate change, Insight, Vol. 24 No. 15 Nov 2009 - 1, William Fulton

If predictions about the impact of global warming are even half right, a lot of us are going to be quite literally swimming – or at least wading – through our daily lives in 30 or 40 years. Yet in the current debate about how the state should approach "adaptation" strategies, all parties are crouched in their typically unhelpful postures.

NBC Universal's Growth Plans: A Monologue

Nov 9, 2009

Infill development, Los Angeles County, Morris Newman, Places, Vol. 24 No. 15 Nov 2009 - 1

NBC Universal has unveiled a master plan for buildout of its 391-acre property in the hills between Hollywood and the San Fernando Valley. Morris Newman offers his analysis by way of a dramatic monologue.

Social Justice Advocates Make Case For Annexation

Nov 9, 2009

Central Valley, Legal Digest, Paul Shigley, Stanislaus County, Vol. 24 No. 15 Nov 2009 - 1

The Ninth U.S. Circuit Court of Appeals has given new life to a lawsuit alleging that the City of Modesto and Stanislaus County discriminated against four predominately Latino communities.

Palos Verdes Estates' Aesthetics Topple Cell Phone Antennas

Nov 9, 2009

CP&DR Staff, Los Angeles County, Telecommunications antennas, Vol. 24 No. 15 Nov 2009 - 1

A city may consider aesthetics in regulating the construction of telecommunications antennas, the Ninth U.S. Circuit Court of Appeals has ruled. The ruling is the latest in a series of court decisions upholding the authority of local government to decide where wireless antennas are located.

Lengthy Capitola Litigation Returned To District Court

Nov 9, 2009

CP&DR Legal Digest, Legal Digest, Santa Cruz County, Takings, Vol. 24 No. 15 Nov 2009 - 1

he Ninth U.S. Circuit Court of Appeals continues to crack open the door to property owners seeking compensation for what they claim is a government taking. In its most recent decision, the court ruled that the owner of a rent-controlled mobile home park in Capitola should have its day in federal District Court. This despite the fact that the U.S. District Court and two state courts ruled that a state court decision against the property owner should have settled the matter.

CEQA Guidelines Changes Downplay Automobiles

Nov 9, 2009

California, California Environmental Quality Act, CP&DR Staff, In Brief, Vol. 24 No. 15 Nov 2009 - 1

The Natural Resources Agency has altered proposed amendments to the California Environmental Quality Act Guidelines. The changes appear to shift the focus of environmental analysis away from a project's effects on automobile traffic and toward impact on the overall transportation system.

In Brief: Central Valley Economy Continues To Suffer

Nov 9, 2009

Central Valley, CP&DR Staff, In Brief, Vol. 24 No. 15 Nov 2009 - 1

News from around the state: Already a very poor region, the Central Valley's problems have become worse because of the recession; two Sacramento planning department have been put on leave because of a building permit scandal; the California Redevelopment Association has sued the state for taking $2 billion of tax increment; federal agencies agree to speed the review of new electricity transmission corridors.

Election Update: Slow Growthers Win In Davis, Mendocino County

Nov 4, 2009

California, CP&DR Staff, Elections, Initiatives and referendums

Slow-growth advocates won major victories in November 3 local elections when voters rejected a housing project in Davis and a shopping center in Mendocino County, as well as sewer extensions in Modesto.

But slow-growth forces suffered some unexpected losses. In Santa Barbara and Ventura, two cities with a history of voter-controlled development, initiatives that would have imposed strict height limits on new buildings were rejected. In the Bay Area, Walnut Creek voters approved amended parking standards necessary for the construction of a Neiman Marcus store downtown.

Planning and Conservation League & PCL Foundation Annual Environmental Legislative Symposium - January 30, 2010 - Sacramento

Oct 30, 2009

Planning and Conservation League & PCL Foundation
Annual Environmental Legislative Symposium

Rent-Controlled Landlords Break Through In Ninth Circuit

Oct 22, 2009

CP&DR Staff, Legal Digest, Santa Barbara County, Takings, Vol. 24 No. 14 Oct 2009 - 2

In the first decision of its kind, a divided Ninth U.S. Circuit Court of Appeals panel has declared that the City of Goleta's mobile home rent control ordinance constitutes a regulatory taking.

Stadium Bill Approved; Vetoes Kill Other Legislation

Oct 22, 2009

California, Legislation, Paul Shigley, Vol. 24 No. 14 Oct 2009 - 2

State lawmakers have approved a bill that would exempt a proposed football stadium in the City of Industry from having to comply with the California Environmental Quality Act, as well as state planning and zoning law. While Gov. Schwarzenegger has signed the stadium bill, he has vetoed some of the year's most significant land use bills. Among them: two fire-safety planning bills; legislation funding regional and local planning; and a bill giving local government more authority over the conversion of mobile home parks to condominiums.

Decision Time Nears For Local Initiatives

Oct 22, 2009

California, Featured Articles, Initiatives and referendums, Paul Shigley, Vol. 24 No. 14 Oct 2009 - 2

Formation of new cities, building-height limits in Santa Barbara and Ventura, and a developer-written specific plan for a vacant industrial site near Ukiah are among the land use proposals up for a vote in the November 3 municipal elections. At least 21 measures with land use implications are on the ballot in 12 different California jurisdictions.

In Brief: Beaumont Removed From Regional Transportation Program

Oct 22, 2009

CP&DR Staff, Development impact fees, In Brief, Riverside County, Vol. 24 No. 14 Oct 2009 - 2

In this roundup of the news: The Western Riverside Council of Governments has removed the City of Beaumont from a regional transportation program because, the council says in a lawsuit, Beaumont has spent impact fees that were intended for the program; Santa Barbara County has finally adopted a plan for the Santa Ynez Valley; dam removal on the Klamath River comes closer to reality.