Vol. 19 No. 04 Apr 2004

The City of Morgan Hill’s decision not to rezone the site of a closed hospital to allow for development of a private, Christian college has been upheld by the Ninth Circuit Court of Appeals. The Ninth Circuit ruled that the city did not run afoul of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), as San Jose Christian College had alleged.

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Neighbors of a Marin County rock quarry, which has been the source of complaints and government investigations for years, have failed in their bid to pursue a class action lawsuit against the quarry for allegedly illegal activities.

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A homebuilder’s lawsuit over the City of Encinitas’s fee scheme, which allowed the city building official to implement automatic fee changes, has been allowed to proceed. The Fourth District Court of Appeal ruled that even though the fees took effect years before the homebuilder paid them, the normal statute of limitations did not apply because the city made no provision for public review.

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There’s no denying it anymore: California has entered the infill age. Suburban development still continues apace, especially in the Central Valley and the Inland Empire. But most of the state is engaged in the process of adding more residents to existing neighborhoods and existing urban areas – and trying to find good ways to add more houses and shops to those neighborhoods as well.

What all this means is that design and context are important.

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With fewer than five months remaining in the 2003-04 session of the state Legislature, it appears that state lawmakers will approve few, if any, major land use bills. Still, there are scores of land use bills alive that nibble or even take big bites on the edges.

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California voters approved $20 billion worth of bonds for school construction and rehabilitation in March. In addition to the $12.3 billion for schools contained in Proposition 55, voters in 52 school districts approved $7.9 billion worth of local school bonds.
Since 1998, state voters have approved three school bonds worth a combined $34 billion for everything from kindergarten classrooms to university research facilities.

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A framework intended to guide all local general plans in San Diego County could be adopted as soon as June by the San Diego Association of Governments (SANDAG). Advocates of the framework say it has the potential to be one of the most effective regional plans ever devised in California.

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A community college board’s decision to close and demolish a shooting range, clean up lead contamination at the site and transfer shooting range operations to a new location amounts to a "project" that requires review under the California Environmental Quality Act (CEQA), the Fifth District Court of Appeal has ruled.

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A state appellate court ruling that the loss of farmland resulting from development of a prison could not be mitigated has been depublished by the sate Supreme Court.

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The philosopher Heraclitus once remarked that a wise man and a fool may look at the same tree and see different things. The observation also pertains to a reasonable person and a developer.

A reasonable person, for example, would look at the Union-Pacific rail yard in downtown Sacramento and see 240 acres of dirt laced with a century of poisonous industrial byproducts. A developer looks at the same thing and sees a pedestrian-oriented urban district.

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