CP&DR

Mello-Roos: Excuse for Failing to Pay Annual Tax Wins No Support

Mar 1, 2000

CP&DR Staff, Legal Digest, Vol. 15 No. 03 Mar 2000

For the second time in less than a year, the Fourth District Court of Appeal has ruled against Riverside County landowners whose property was foreclosed upon because of nonpayment of special taxes. The court ruled that taxes levied under the Mello-Roos Community Facilities Act (Government Code §53311) are special taxes, not special assessments, and that failure of the government to use Mello-Roos bond proceeds as promised does not excuse nonpayment of those special taxes. Late last year, i...

'Never to Late' for CEQA Study: Court Sends Stern Message to City of Fresno, Developer

Mar 1, 2000

CP&DR Staff, Legal Digest, Vol. 15 No. 03 Mar 2000

In one of its rare published opinions, the Fifth District Court of Appeal rebuked the City of Fresno and a developer for violating the California Environmental Quality Act. Specifically, the unanimous three-judge appellate panel rejected the argument that the court cannot require an environmental impact report because the disputed project was built during litigation. "The corporation apparently made a calculated business decision to go forward with the project in spite of protests by residential...

Federal Land Grants: Federal Court Says Lot Line Dispute Belongs in State Court

Mar 1, 2000

CP&DR Staff, Legal Digest, Vol. 15 No. 03 Mar 2000

A lawsuit challenging a county's decision on parcel status does not belong in federal court, even though the owners acquired the land through federal patents and acts of Congress, the Ninth Circuit U.S. Court of Appeals has ruled. "Federal land patents and acts of Congress do not provide bases for federal question jurisdiction," the unanimous three-judge panel ruled. Edward Virgin Sr. and his family claimed to own 1,240 acres in San Luis Obispo County. The holdings included seven parcels crea...

Ontario, Chino Plan Growth As Dairy Cows Move North

Mar 1, 2000

Infill development, Local Watch, Paul Shigley, San Bernardino County, Vol. 15 No. 03 Mar 2000

Large-scale urban development will soon replace the San Bernardino County Dairy Preserve. Last December, the city of Ontario completed its annexation of more than half of the 15,000-acre swath of farmland, and the City of Chino either has annexed or plans to annex the remainder. Ontario's plans for what the city has tabbed the "New Model Colony" call for development of 31,000 homes, 5 million square feet of retail space and 5 million square feet of industrial space.

Stormwater Runoff Limits Tightened by Water Boards

Mar 1, 2000

Environment Watch, Larry Sokoloff, Vol. 15 No. 03 Mar 2000

Recent actions by two water boards signal a movement in the state towards greater regulation of non-point water pollution. The new regulations could start a trend in California of tightened development standards, which have already taken hold elsewhere in the country. The biggest step was taken in Los Angeles, where the local Regional Water Quality Control Board voted in January to set measurable numerical standards for treating stormwater runoff in new development throughout Los Angeles Co...

Coastal Builders Have Rough Time at Commission: Appointments, Decesions, Budget Point Toward Resource Protection

Mar 1, 2000

Featured Articles, Paul Shigley, Vol. 15 No. 03 Mar 2000

With more funding headed its way and a stated emphasis on protection of natural resources, the California Coastal Commission appears to be tightening its control over development. Gov. Davis's proposed budget contains more money for enforcement and assisting with Local Coastal Plan implementation. Davis also replaced Coastal Commissioner Nancy Fleming, the pro-development mayor of Eureka, with Humboldt County Supervisor John Woolley, an appointment that pleased environmentalists. Commissioners ...

New Partnership Tackles Bay, Valley Growth Questions: IRP Urges Better Jobs-Housing Coordination in 5-County Region

Mar 1, 2000

Featured Articles, Vol. 15 No. 03 Mar 2000, William Fulton

A five-county "Inter-Regional Partnership" between the Bay Area and the Central Valley is taking more tangible form. The Partnership will ask the Legislature this year for a pilot project to designate housing and job "incentive zones" — similar to enterprise zones — that would include a re-distribution of existing property tax revenue and streamlined environmental review to encourage better jobs-housing balance. The Partnership is also seeking $625,000 in state funding to integrate computer mappin...

Lancaster, Palmdale Approve Truce in Retail Dispute

Mar 1, 2000

Economic Development, Paul Shigley, Vol. 15 No. 03 Mar 2000

The cities of Lancaster and Palmdale have agreed to bury the hatchet — and, for once, not in the other jurisdiction's back. Early this year, both city councils adopted "anti-piracy" resolutions in which they pledged not to offer incentives to businesses located inside the other's borders. For years, the two cities have engaged in classic battles over retail businesses. But some recent changes on the Palmdale City Council and the business community's leadership appear responsible for the removal ...

Central Valley Project: Court Orders Feds to Build Agricultural Irrigation Drain

Mar 1, 2000

CP&DR Staff, Legal Digest, Vol. 15 No. 03 Mar 2000

The Interior Department is obliged to build an agricultural drain for land irrigated by the San Luis Unit of the Central Valley Project, the Ninth Circuit U.S. Court of Appeals has ruled. The 40-year-old San Luis Act called for a system in which water, after being used for irrigation, would drain to the Bay Delta. But the Interior Department never completed the drain, a situation that created the environmental crisis that killed or maimed thousands of birds at Kesterson Reservoir during the 1980s....

Adult Bookstore Application Process Fails Before Ninth Circuit

Mar 1, 2000

Adult businesses, CP&DR Staff, Legal Digest, Nevada, Vol. 15 No. 03 Mar 2000

A City of Las Vegas ordinance regarding adult bookstore permits has been declared unconstitutional by the Ninth Circuit U.S. Court of Appeals. The ruling in the case, known as Baby Tam II, came despite amendments to city ordinance, state law and court rules of practice that were intended to cure defects of an earlier law that the Ninth Circuit declared invalid in 1998.