Impact of Campus Expansion on Fire, Safety Not Considered Under CEQA
By By William W. Abbott, Abbott & Kindermann, LLP, Sacramento on 7 October 2012 - 7:26am
California State University East Bay undertook a dual-purpose environmental impact report for its campus master plan and two construction projects, meant to enable the campus to grow from roughly 12,000 to 18,000 students in the next 30 years. The construction projects consisted of a housing complex and a parking structure. The EIR included alternatives at both the master plan and construction project level.
Brown Adds Insult to Injury with Redevelopment Vetoes
By Josh Stephens on 30 September 2012 - 10:12amEven the most irate objectors to Gov. Jerry Brown's dismantling of redevelopment held out hope that in agreeing to killing redevelopment, the legislature would invent a new, better system for stoking local economic growth. Yesterday, the governor dashed those hopes.
California Shifts Towards Bike Sharing
By Josh Stephens on 29 September 2012 - 10:17am
Watch out, Copenhagen.
Like so many a rider at the back of the peleton, California cities have long lagged behind their European counterparts in their embrace of bicycling. But they are now clipping in and gearing with the dramatic arrival of bike sharing. With zero major bike-sharing systems currently in the state, no fewer than five California cities will be adopting pilot projects by mid-2013.
In Wake of RDA Battles, League of Cities Seeks Stability
By Josh Stephens on 26 September 2012 - 1:13pm
At times, city officials in California couldn’t be blamed for wanting to revert to bygone times, such as, perhaps, 14th century Italy. City-states would be one solution to what seems to be persistent rancor between Sacramento and cities. At the heart of that fray lies the League of California Cities, whose mission is to lobby for the diverse interest of the state’s 600-plus cities.
Los Angeles Goes Small with 50 New Parks
By Josh Stephens on 26 September 2012 - 1:05pm
In a state with the likes of Yosemite, Griffith, Balboa, and Golden Gate, the development of a neighborhood park scarcely larger than a Trader Joe’s parking lot may not seem particularly noteworthy. But the pocket parks, community gardens, and micro-recreation areas of the City of Los Angeles’ 50 Parks Initiative are intended to be landmarks in some of the state’s neediest communities.
Concern for Corn Sets Back AB 32’s Regulation of Carbon
By Glen C. Hansen, Abbott & Kindermann, LLP, Sacramento, CA on 19 September 2012 - 12:43pm
As California seeks to reduce greenhouse gas emissions in the state’s industries in order to implement provisions of California’s Global Warming Solutions Act of 2006 (Assembly Bill 32), entities and trade groups both inside and outside the state have looked to the “dormant” Commerce Clause in the U.S. Constitution as a legal means to challenge those efforts. The dormant clause implies that states cannot take actions that would, implicitly or explicitly, restrict interstate commerce—such as when California legally compels residents to consume less fuel.
Homeowners Assoc. Can Strike Supermajority Voting Restriction
By Glen C. Hansen, Abbott & Kindermann, LLP, Sacramento, CA on 18 September 2012 - 2:08pm
In Quail Lakes Owners Assn. v. Kozina, the Court of Appeal for the Third Appellate District affirmed a trial court’s decision to grant a verified petition by a homeowners’ association for an order under Civil Code section 1356. The petition asked to modify the association’s governing laws to reduce a supermajority voting restriction.
'Amazon Tax' Puts Positive Spin on Fiscalization of Land Use
By Josh Stephens on 13 September 2012 - 10:49amOn Saturday, California tax law finally catches up with the 21st century: some online retailers -- most notably, juggernaut Amazon.com -- will start charging sales tax for items sold in California if they have warehouse space in the state. Though we always knew there was something fishy about the tax exemption, as a consumer this development does not thrill me. As a citizen of the state, I suppose it's fine. The more money we can raise, the better.
As an urbanist, however, I say bring on the tax.
It's No Chongqing, But California Remains a Global Player
By Josh Stephens on 10 September 2012 - 5:40pmAt least someone thinks California is going to emerge from its mess.
Failure to Submit Comments Dooms Challenge to Categorical Exemption
By By Katherine J. Hart and Daniel S. Cucchi, Abbott & Kindermann, LLP, Sacramento on 6 September 2012 - 9:45am
In 2006, a developers Y.T. Wong and SMI Construction, Inc. proposed to divide two existing ‘R-1’ zoned parcels totaling 1.89 acres into 11 lots to allow for the development of single-family homes in the community of Fairview in unincorporated Alameda County, bordering the City of Hayward. The county sent out written notices to a number of agencies, neighbors, and other interested parties, including the group that would become the appellants, indicating the county’s intent to utilize the section 15332 (Infill Development) CEQA exemption.
What is the Cure for Foreclosures, if Not Eminent Domain?
By Morris Newman on 5 September 2012 - 6:02pm
A proposal to use eminent domain to ward off foreclosures in two cities in San Bernardino County has been slammed almost unanimously by both Wall Street and federal regulators. The most powerful dissenter was Edward J. DeMarco, acting director of the Federal Housing Finance Agency, who said on August 7 that he would resist any effort by local governments to “take” homes owned by Fannie Mae and Freddie Mac, the two agencies under his supervision; those agencies buy the majority of US home loans and repackage them as mortgage-backed securities.
Lawmakers Reject Major CEQA Reform (Updated)
By Josh Stephens on 23 August 2012 - 9:41amUpdate: Sen. Michael Rubio and Senate Pro Tem Darrel Steinberg have announced that Senate Bill 317, which would have made major changes to the enforcement of the California Environmental Quality Act, has been killed and will not be heard by the Senate.
Case Upholds Homeowners Associations’ Standing in Suit Against Realtor
By Glen C. Hansen, Abbott & Kindermann, LLP, Sacramento on 17 August 2012 - 7:51pm
In a case pitting a real estate brokerage against a homeowners association, the trial court sustained demurrers to the HOA’s complaint against real estate brokers who acted as dual agents in the developers’ sale of properties in the development to HOA members.
Cities Cultivate New Approaches to Urban Agriculture
By Kate Wolf on 17 August 2012 - 7:33pm
When the upscale cafeteria-style restaurant Forage opened in Los Angeles’s Silver Lake neighborhood in early 2010, it did so with a new take on the “farm to table’” movement that’s slowly been gaining ground in California, as well as the rest of the country in recent years.
Affordable Housing Caught in Redevelopment Crossfire
By Larry Sokoloff on 16 August 2012 - 9:32pm
When redevelopment was first introduced in California, it included no provisions for affordable housing and instead focused solely on fighting blight. Introduced in 1976, the affordable housing set-aside – amounting to 20% of an agency’s annual tax increment – was intended to mollify critics who contended that redevelopment amounting to nothing more than a boondoggle for developers. With the governor’s successful dissolution of redevelopment, affordable housing now counts among the most lamented collateral damage.
