CP&DR

Subdivision Maps Receive One-Year Extension

Jul 29, 2008

California, CP&DR Staff, Featured Articles, Legislation, Vol. 23 No. 08 Aug 2008

Urgency legislation extending the life of all subdivision maps by one year has been signed by Gov. Schwarzenegger. The California Building Industry Association (CBIA) praised the governor for signing SB 1185 (Lowenthal). The real estate slowdown has prevented developers from following through with approved projects, and the legislation ensures developers and landowners do not have to go through the entitlement process a second time.

State High Court Invalidates Logger's 'No Surprises' Guarantee

Jul 22, 2008

CP&DR Staff, Endangered Species Act, Humboldt County, Legal Digest, Vol. 23 No. 08 Aug 2008

A logging plan and endangered species permit that were part of the Headwaters Forest deal approved by the state in 1999 have been invalidated by the state Supreme Court. The court set important precedents by rejecting both a "sustained yield plan" and an "incidental take" permit held by Pacific Lumber Company.

After 8 Years, Second Unit Ordinance Case May Conclude

Jul 22, 2008

CP&DR Staff, Housing, Legal Digest, Santa Cruz County, Vol. 23 No. 08 Aug 2008

A case involving Santa Cruz County's second unit ordinance has been returned to the Sixth District Court of Appeal by the state Supreme Court because the county has amended the ordinance.

The county has asked the court to dismiss the case entirely because the county has eliminated the ordinance provisions in question, Deputy County Counsel Dwight Herr said. Those provisions dictate rent levels and who may occupy a second unit.

Attorney General: LAFCO May Adjust Proposed City Boundaries

Jul 15, 2008

CP&DR Staff, Legal Digest, New cities, Sacramento County, Vol. 23 No. 08 Aug 2008

A local agency formation commission may alter the boundaries of a proposed new city beyond those drawn by incorporation proponents, according to a state attorney general's opinion.

Coastal Commission In-Lieu Fee Upheld

Jul 15, 2008

CP&DR Staff, Development impact fees, Legal Digest, Monterey County, Vol. 23 No. 08 Aug 2008

An unusual Coastal Commission mitigation fee to offset the impact of a private seawall has been upheld by the Sixth District Court of Appeal, which rejected arguments that the fee was unconstitutional, was prohibited by the Coastal Act and was the result of post hoc rationalization.

Court Calls LAFCO Approval Necessary For Special District Service Expansion

Jul 15, 2008

CP&DR Staff, Legal Digest, San Joaquin County, Vol. 23 No. 08 Aug 2008

An irrigation district that provides wholesale electricity may not begin providing retail electric service without approval of the Local Agency Formation Commission, the Third District Court of Appeal has ruled.

In a related decision, the Third District also ruled that the irrigation district may not depose two members and the executive officer of the Local Agency Formation Commission (LAFCO) for the district's lawsuit regarding denial of the retail electricity service application. Both decisions bolster the authority and integrity of LAFCOs.

In Brief: San Quentin Project Questioned Again

Jul 1, 2008

California, CP&DR Staff, In Brief, Vol. 23 No. 07 Jul 2008

In this month's roundup of state land use news: The state auditor is again raising questions about construction of a new death row at San Quentin; the State Water Resources Control Board is proposing an overhaul of the water regulatory system; the developer of a proposed Los Angeles project is suing the city for halting the review process; the company that owns the gigantic Newhall Ranch project has filed for bankruptcy.

9th Circuit Overturns Pacifica Developer's Award Of Damages

Jun 30, 2008

CP&DR Staff, Legal Digest, San Mateo County, Takings, Vol. 23 No. 07 Jul 2008

An award of $665,000 in damages and legal expenses to a developer in Pacifica has been thrown out by the Ninth U.S. Circuit Court of Appeals. The unanimous three-judge panel determined that a questionable condition of project approval that the city eventually repealed did not constitute a violation of the developer's equal protection rights because the condition did not stop the project from moving forward.

Study Of Large Irvine Company Development Upheld

Jun 30, 2008

California Environmental Quality Act, CP&DR Staff, Legal Digest, Orange County, Vol. 23 No. 07 Jul 2008

The Sierra Club's challenge of the environmental review for a large annexation by the City of Orange and a related development by the Irvine Company has been rejected by the Fourth District Court of Appeal.

The court turned away arguments that the environmental analysis for the Santiago Hills and East Orange projects improperly described the project, segmented environmental reviews, failed to adequately address water quality, incorrectly analyzed traffic and lacked a proper project alternatives analysis.

Statute Of Limitations Extended In Lawsuit Over Recreation Trail

Jun 30, 2008

California Environmental Quality Act, CP&DR Staff, Legal Digest, San Mateo County, Vol. 23 No. 07 Jul 2008

An appellate court has reinstated a lawsuit over environmental review of a recreational trail proposed to be built in San Mateo County.

A Santa Clara County Superior Court judge had thrown out the suit because it was filed after the California Environmental Quality Act's usual 30-day statute of limitations expired. However, the Sixth District Court of Appeal ruled there was "reasonable probability" environmentalists could show that a 180-day statute of limitations applied here.