CP&DR

Exemption For Huntington Beach Nursery Grading Permit Upheld

May 7, 2007

California Environmental Quality Act, CP&DR Staff, Legal Digest, Orange County, Vol. 22 No. 05 May 2007

A grading permit for a nursery in Huntington Beach did not violate a six-year-old conditional use permit and was not subject to environmental review, the Fourth District Court of Appeal has ruled.

Sierra Madre, Dixon Voters Say 'No' To Development

May 7, 2007

Downtown planning, Local Watch, Paul Shigley, Solano County, Vol. 22 No. 05 May 2007

Voters in two small towns rejected development during special elections in April. Voters in the San Gabriel Valley city of Sierra Madre approved a referendum that requires projects of a certain size in downtown to go before voters. Meanwhile, voters in the Solano County city of Dixon rejected a proposed horse track and entertainment facility.

Both elections were close, and the land use battles in both cities appear far from over. The balloting may provide cautionary tales for planners, as both elections occurred after lengthy planning processes.

Housing Advocate Wins Round Against Brea Agency

May 7, 2007

Housing, Orange County, Paul Shigley, Redevelopment Watch, Vol. 22 No. 05 May 2007

For at least the third time in two years, litigation filed by housing advocates has resulted in a court order or settlement for hundreds of affordable housing units. The latest city to get hit with a judgment is Brea, whose redevelopment agency was ordered to produce 208 units of low- and very low-income housing by June 2012.

Lay, Nonspecific Comments, Don't Support 'Fair Argument,' Court Rules

May 4, 2007

California Environmental Quality Act, CP&DR Staff, In Brief, Monterey County, Vol. 22 No. 05 May 2007

Monterey County did not have to prepare an environmental impact report for a 28-lot subdivision in an area suffering from a severe groundwater overdraft, the Sixth District Court of Appeal has ruled.

San Diego County Antenna Use Permit System Invalidated By 9th Circuit

May 4, 2007

CP&DR Staff, In Brief, Legislation, San Diego County, Telecommunications antennas, Vol. 22 No. 05 May 2007

The Ninth U.S. Circuit Court of Appeals has upheld a district court ruling that strikes down San Diego County's ordinance regulating the location and appearance of cell phone antennas and other wireless facilities.

Court Upholds Gilroy's Plan Despite It's Lack Of Site-Specific Analyses

May 4, 2007

CP&DR Staff, Housing, Legal Digest, Santa Clara County, Vol. 22 No. 05 May 2007

A state appellate court has upheld the City of Gilroy's housing element against a challenge filed by affordable housing advocates. The court ruled that, under the housing element law in effect when Gilroy updated its housing plan in 2002, the city did not have to provide a site-specific inventory and analysis.

Builders, Administration Differ With Environmentalists On Species Review

May 4, 2007

Clean Water Act, Endangered Species Act, Kenneth Jost, Legal Digest, Vol. 22 No. 05 May 2007

WASHINGTON _ Home builders are hoping that the U.S. Supreme Court will overturn a Ninth U.S. Circuit Court of Appeals decision that could broaden the impact of the federal Endangered Species Act on residential and commercial construction.

State High Court Hears Zoning, CEQA Cases

May 3, 2007

California, Legal Digest, Paul Shigley, Vol. 22 No. 05 May 2007, Zoning

LOS ANGELES _ The California Supreme Court has heard oral arguments in two unrelated land use cases that could have profound impacts for planners, developers and property owners.One case involves a City of Hanford zoning ordinance that restricts who may sell furniture; the second case concerns whether an airport land use compatibility plan is subject to environmental review. The court heard oral arguments in both cases on the same day in early April. Decisions are due by July 3.

Homeownership Programs Prove Tricky

May 3, 2007

California, Housing, Legislation, Paul Shigley, Vol. 22 No. 05 May 2007

As the popularity of inclusionary zoning for affordable housing has grown, so has the number of cities and counties who have a stake in affordable homeownership problems. Experts in those programs, however, warn that they are fraught with dangers and require extensive monitoring to ensure that units remain affordable.

San Joaquin Valley Blueprint Planning Confronts Regional Fragmentation

May 2, 2007

Insight, Regional planning, San Joaquin County, Vol. 22 No. 05 May 2007, William Fulton

Can the entire San Joaquin Valley embrace the idea of regional planning – or at least agree on a common vision for how to accommodate future growth?

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