CP&DR

Regional Planning Bill Approved By Lawmakers

Sep 3, 2008

California, Featured Articles, Legislation, Paul Shigley, Vol. 23 No. 09 Sep 2008

Senate Bill 375 is alternately being described as the most important land use legislation since the California Coastal Act of 1976, and a step in the right direction. Only time will tell whether the bill is a landmark or an incremental step, but there is no denying that SB 375 author Sen. Darrell Steinberg (D-Sacramento) aimed high. "At the heart of this effort," Steinberg said, "is the need to integrate our housing and transportation plans to create sustainable communities."

Steinberg's bill was by far the most significant land use legislation approved during the two-year legislative session that concluded on August 31.

Pleasanton Housing Element Lawsuit May Proceed

Aug 28, 2008

Alameda County, Housing, Legal Digest, Paul Shigley, Vol. 23 No. 09 Sep 2008

A lawsuit challenging the City of Pleasanton's housing policies has been reinstated by the First District Court of Appeal after a trial court judge had ruled the lawsuit was filed too late. The unanimous three-judge appellate panel determined the statute of limitations for the lawsuit had not expired. The court concluded housing advocates had at least three years to sue the city.

General Plans Address Climate Change

Jul 31, 2008

California, Featured Articles, General plans, Paul Shigley, Vol. 23 No. 06 Jun 2008

A general plan that does not address the issue of climate change appears to be an endangered species.

Numerous cities and counties in the process of updating their general plans are addressing climate change with policies for mitigating greenhouse gas emissions and, to a lesser extent, adapting to changing conditions. Some localities have adopted climate action plans that affect the general plan and other long-term planning documents, while others have written specific general plan policies and implementation measures.

What Will The Sustainable Community Look Like In The Future?

Jul 31, 2008

Climate change, Featured Articles, Paul Shigley, Vol. 23 No. 08 Aug 2008

Today more than ever planners are recommending— and being urged to recommend —"sustainable" development practices. But what makes a development truly sustainable remains an open question, as there is uncertainty over what the sustainable community may look like as little as one generation in the future.

In interviews that CP&DR recently conducted with planners, academics, developers and advocates, a rough consensus of sustainable development began to emerge: The sustainable community will be compact, have numerous transportation options besides the car, and be far more energy-efficient than today's neighborhoods and cities.

Climate Change May Compel Reconsideration Of Habitat Plans

Jul 30, 2008

California, Environment Watch, Habitat conservation planning, Paul Shigley, Vol. 23 No. 08 Aug 2008

The majority of California's unique plant species could lose most of their geographic ranges during the next 100 years because of climate change, according to a newly released report by biologists at several universities. The finding could have dramatic implications for land management in California, especially in areas with local or regional habitat plans.

State High Court Strikes Down Open Space Assessment

Jul 30, 2008

Legal Digest, Local government finance, Paul Shigley, Santa Clara County, Vol. 23 No. 08 Aug 2008

A property assessment to fund open space acquisitions in Santa Clara County has been invalidated by the state Supreme Court, which ruled that the assessment violated Proposition 218.

The court found that the assessment on 314,000 parcels spread across 800 square miles provided only general benefits and was therefore a special tax that should have gone before voters. The unanimous court said that property owner's 2001 approval of the Santa Clara County Open Space Authority (OSA) assessment was not legal under the state constitution.

Arts Gain A Foothold In Downtown Modesto

Jul 2, 2008

Downtown planning, Paul Shigley, Redevelopment Watch, Stanislaus County, Vol. 23 No. 07 Jul 2008

It has taken 25 years, but various government and private investments have turned downtown Modesto into a center for the arts, entertainment and dining. Still, there is a long way to go before downtown is completely "back" from the dead.

Foreclosures May Become Redevelopment Agencies' Concern

Jul 1, 2008

California, Featured Articles, Legislation, Paul Shigley, Vol. 23 No. 07 Jul 2008

Redevelopment agencies may soon have authority to assist homeowners with subprime loans who are facing foreclosure, and to acquire foreclosed housing.

Under a measure likely to pass the Legislature, redevelopment agencies could aid homeowners, lenders and developers whether or not the subject property is within a redevelopment project area. However, a late amendment to the bill would prevent agencies from using their 20% housing set-aside fund for the activities.

California Issues CEQA Guidance on Greenhouse Gases

Jun 20, 2008

California, California Environmental Quality Act, Featured Articles, Paul Shigley, Vol. 23 No. 07 Jul 2008

State OPR says agencies must quantify and mitigate greenhouse gas emissions from projects. But determining significance and cumulative impact is likely to be tricky.

State Supreme Court Defers On Delta Water Policy

Jun 20, 2008

California, California Environmental Quality Act, Legal Digest, Paul Shigley, Vol. 23 No. 07 Jul 2008

An environmental impact report for the Cal-Fed Bay-Delta project has been upheld by the state Supreme Court. The unanimous decision was at least somewhat academic because the Cal-Fed process has essentially halted. Still, the court appeared to signal that it would defer to policymakers on Delta water and environmental policy, and to agencies that certify broad program environmental impact reports.