CP&DR

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...

Defendant Entitled to Attorney's Fees Even if Case Dropped

Mar 1, 1999

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

The defendants in an alleged SLAPP suit are entitled to attorneys fees even if the plaintiffs drop the case before the SLAPP motion to strike is heard, the Second District Court of Appeal has ruled. The appellate panel overturned the ruling of Los Angeles Superior Court Judge Carolyn B. Kuhl, saying that Kuhl's ruling "constitutes a nullification of an important part of California's anti-SLAPP legislation" because it denies the defendants monetary relief and relieves the plaintiffs of punis...

San Bernadino County Planner Indicted for Hiding Public Records; Valery Pilmer Denies Wrongdoing in Failed Desert Landfill Propo

Mar 1, 1999

Featured Articles, Paul Shigley, Vol. 14 No. 03 Mar 1999

The lengthy story of a proposal to bury Los Angeles County trash in San Bernardino County took a surprising turn when San Bernardino County's long-time planning director was indicted on charges of allegedly hiding, altering or destroying public records and lying about it in a sworn statement. Land Use Services Director Valery Pilmer pleaded not guilty after being indicted in late January by a special San Bernardino County grand jury investigating the Rail-Cycle landfill project. She has since been pla...

North Natomas HCP

Mar 1, 1999

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

North Natomas A lawsuit challenging a habitat conservation plan for Sacramento's North Natomas area has been filed in federal court by a group of environmentalists. A popular tool promoted by the Clinton administration, HCPs are intended to end disputes with landowners over plants and animals covered by the Endangered Species Act. Under the Natomas HCP, an acre of land is to be preserved for every two acres developed in the area, a few miles north of downtown Sacramento along Interstat...

Smart Growth Hits the Agenda of California and National Leaders; Al Gore Supports ‘Livability Initiative' as an Elixir for Subu

Mar 1, 1999

Featured Articles, Paul Shigley, Vol. 14 No. 03 Mar 1999

State and national politicians are jumping on the anti-sprawl bandwagon like never before, with no less than Vice President Al Gore launching a "livability initiative." Gore's proposal, which President Clinton mentioned during the State of the Union speech, promotes mass transit, open space conservation and development within existing cities. Pundits expect Gore may make the issue a cornerstone of his presidential campaign. Although new California Gov. Gray Davis has yet to discuss the subject...

Richmond City Center: The Virtues of Simplicity

Mar 1, 1999

Morris Newman, Places, Vol. 14 No. 03 Mar 1999

Heavens, how did we ever design cities before marketing existed? Sarcasm aside, let us observe that the Main Street movement, despite its harkening of the past, has not necessarily encouraged simplicity. In today's marketing-driven urban-design culture, it does not seem to be enough to bring back housing and commercial uses. We must also bring in giant retail centers and brand-name retailers (usually the same 50 or so names you find in regional malls). Then the city itself must be...

El Dorado County May Reconsider Long-Range Development Plans

Mar 1, 1999

Local Watch, Paul Shigley, Vol. 14 No. 03 Mar 1999

A Superior Court ruling invalidating the environmental impact report for El Dorado County's general plan is likely to reopen debate over the amount of growth allowed in the county and puts into question the future of several large developments. In a 142-page ruling, Sacramento Superior Court Judge Cecily Bond determined that the EIR violated the California Environmental Quality Act in 23 different ways. The judge found the county did not adequately address, among other things, impacts on w...

Ordering Poolrooms Closed at 2 a.m. Violates Equal Protection

Mar 1, 1999

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

In a split decision, the Fourth District Court of Appeal has ruled that the City of Riverside's requirement that poolrooms be closed from 2 a.m. to 6 a.m. is unconstitutional because it denies poolroom owners equal protection under the law. Noting that the ordinance dates back to 1909, Acting Presiding Justice Thomas Hollenhorst wrote for the majority: "Unfortunately, times are different today, and there are many establishments that cater to idleness and are open all night. The City...

Anti-SLAPP Law Grows: ‘Issue of Public Significance' Receives Broad Reading

Mar 1, 1999

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

In a split decision, the California Supreme Court has once again expanded the scope of the anti-SLAPP law. This time, the court concluded that an allegation of racism in small-claims court and a complaint to the federal government does constitute the type of "issue of public significance" described in the law. In overturning a ruling by the First District Court of Appeal, the five-member Supreme Court majority rejected the argument that a nonprofit organization's tenant counseling activities wer...