CP&DR

Envirnomental Impact Report required for Mitigation Bank

May 1, 1999

CP&DR Staff, Legal Digest, Vol. 14 No. 05 May 1999

The Metropolitan Water District must complete an environmental impact report before creating a mitigation bank that MWD and private developers would use to offset building on habitat for endangered species, the Fourth District Court of Appeals has ruled. The ruling reverses a trial court judge's decision that allowed plans for the multiple species reserve in western Riverside County to go forward with only a mitigated negative declaration. The appellate court backed San Bernardino Valley Audubon Socie...

Approval Process: Landowner Loses Subdivision for a Second Time

Apr 1, 1999

CP&DR Staff, Legal Digest, Vol. 14 No. 04 Apr 1999

Completing the subdivision application process twice, and having the project rejected both times, does not qualify as an exhaustion of the administrative process, The First District Court of Appeal as ruled. In a case from the Town of Ross, a unanimous three-judge panel said a landowner's taking claim was not ripe because the landowner had not used up all administrative remedies. The court also said the "futility exception" was not available because the landowner had filed only two applications, both ...

Trustee Agencies Must Get Negative Declaration Notice

Apr 1, 1999

CP&DR Staff, Legal Digest, Vol. 14 No. 04 Apr 1999

Failure of a county to send a copy of a mitigated negative declaration to the state Department of Fish & Game is a big enough oversight to require setting aside the mitigated negative declaration and a subsequent rezoning, the Third District Court of Appeal has ruled. In interpreting Public Resources Code §21005, the unanimous three-judge panel ruled that the lack of notice given to a trustee agency "deprived the county of information necessary to informed decision making and informed public participa.

Court Defines Environmental ‘Baseline': Conditions Allowed By CUP Serve As Starting Point

Apr 1, 1999

California Environmental Quality Act, CP&DR Staff, Legal Digest, Ventura County, Vol. 14 No. 04 Apr 1999

A county considering the environmental impact of a proposal to expand a mine may use full-capacity operation of the existing facility as the environmental "baseline" even if the facility is operating at less than full capacity, the Second District Court of Appeal has ruled.

SF Lawyer Named Director of OPR

Apr 1, 1999

CP&DR Staff, Local Watch, Vol. 14 No. 04 Apr 1999

Loretta Lynch, a San Francisco lawyer with solid Democratic credentials, is the new Office of Planning and Research director. Gov. Gray Davis in mid-March named Lynch to the top job at OPR, which provides technical assistance to local planners and runs the State Clearinghouse for project review. The 37-year-old Lynch has been a partner in Keker & Van Nest since 1991, where she represented small and large companies in securities trading matters. Lynch is a graduate of University of Southern California ...

Rent Control: Court Upholds City Board's Denial of Requested Increase

Apr 1, 1999

CP&DR Staff, Legal Digest, Vol. 14 No. 04 Apr 1999

Carson's mobile home rent control board acted properly in granting a mobile home park owner a rent increase of only $58 per month rather than the $160-170 that the park owner requested, the Second District Court of Appeal has ruled. The court also ruled that the city's formula for granting rent increases is constitutional even though it is vague. The city board reduced the rent increase by determining that the mobile home park should amortize the cost of remediating contaminated wetlands over...

LAFCO: AG's Opinion Addresses Alternate Member's Role

Apr 1, 1999

CP&DR Staff, Legal Digest, Vol. 14 No. 04 Apr 1999

Alternate members of a Local Agency Formation Commission, when not serving in the place of regular members, may participate in public hearings and deliberations, but they may not attend closed sessions, according to a state Attorney General's opinion. The opinion should lead to a standardization of practices for the 57 LAFCOs in California, said Mike Gotch, executive director of the California Association of Local Agency Formation Commissions. In fact, Gotch was the one who raised the issue of parti...

L.A. may have multiple planning commissions

Apr 1, 1999

CP&DR Staff, Local Watch, Vol. 14 No. 04 Apr 1999

L.A. may have multiple planning commissions An overhaul of the Los Angeles City Charter, which will go before voters June 13, calls for creation of at least five area planning commissions. But those area commissions would have limited powers, and the citywide Planning Commission would remain in place, under the proposal. "The citywide Planning Commission is seen as a body that's not very closely related to the people," Jackie DuPont-Walker, chairwoman of the Elected Charter Reform Commission said. ...

Design Review: City May Block Home Addition For Solely Aesthetic Reasons

Mar 1, 1999

CP&DR Staff, Legal Digest, Vol. 14 No. 03 Mar 1999

The Del Mar City Council had enough evidence to deny a permit for a two-story home addition based on aesthetic grounds only, the Sixth District Court of Appeal has ruled. In so doing, the court reversed San Diego County Superior Court Judge Lisa Guy-Schall's decision to grant the homeowner a writ of mandate requiring the city to issue the permit. In overturning the trial judge, the appellate court found that Del Mar had not violated the landowner's civil rights under federal law. Significantl...

Elsewhere Near River City . . .

Mar 1, 1999

CP&DR Staff, Local Watch, Vol. 14 No. 03 Mar 1999

Elsewhere Near River City … West Sacramento hopes to become home to a minor league baseball team in little more than a year. The 12-year-old city is forming a Joint Powers Authority with Yolo and Sacramento counties to issue $40 million worth of taxable bonds to build a 10,000-seat baseball stadium near the Sacramento River. The new owner of the Oakland A's Triple-A franchise, now located in Vancouver, B.C., wants to play ball in West Sacramento in April 2000. Under the plan all three entities appr...

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