Santa Barbara County
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Santa Barbara River Mining EIR Upheld
By William W. Abbott, Abbott & Kindermann, LLP, Sacramento on 16 April 2013 - 5:21am
The Court of Appeal has upheld an environmental impact report dealing with mining in a dry riverbed in Santa Barbara County.
Troesh Materials, Inc. submitted an application to the County of Santa Barbara (“County”) to operate a new mine within the dry bed of the Cayuma River. The mine would be positioned away from the active streambed and roughly 1,500 feet upstream from an existing, active mine. Potential excavation could proceed to a maximum depth of 90 feet, with an average production of 500,000 cubic yards per year.
Court Declares Tidelands Development Regulation Invalid
By Josh Stephens on 29 April 2011 - 4:32pmA State Lands Commission policy prohibiting development seaward of the most landward historical position of the mean high tide line was an invalid underground regulation because it was not promulgated as a regulation pursuant to the Administrative Procedures Act, the Third District Court of Appeal has ruled.
Proposed Bridge on Park Land Requires Voter Approval
By Josh Stephens on 28 February 2011 - 1:35pmAn appellate court has blocked a proposed Santa Barbara housing subdivision because the city did not receive of voter approval of an access road and bridge on city-owned open space land, as required by a 1982 initiative.
In the 100 years since the initiative and referendum powers have become part of the local land use planning and development legal framework, voters have used these populist elements of democracy to shape growth. The case from the City of Santa Barbara illustrates a variation on the intersection of planning and voter control.
Farm's Appeal Options Dry Up
By Josh Stephens on 2 August 2010 - 11:25amAfter nearly a decade of conflict, Adam Bros. Farming, Inc.’s quest to receive compensation from the County of Santa Barbara has finally come to an end with a Ninth Circuit ruling in favor of the county.
In 1999 the county had ordered Adams Bros. to cease farming on 95 of its 286 acres near Orcutt because those 95 acres had been designated as wetlands. Adam Bros. originally brought suit in California Superior Court claiming that the wetlands designation was faulty, that it decreased the value and usefulness of their farmland, and that it violated the federal Equal Protection, Due Process and Takings clauses. Adam sought damages and declaratory and injunctive relief.
9th Circuit Could Strike Down Mobile Home Rent Control
By Paul Shigley on 5 April 2010 - 2:58pmWhat appeared last fall to be a major win for property rights advocates may have been a fleeting victory. Earlier this month, an en banc panel of the Ninth U.S. Circuit Court of Appeals decided to rehear a rent control case from the City of Goleta, meaning the earlier ruling in favor of the property owner is wiped out.
CEQA Challenges To Revenue Measures Rejected
By Paul Shigley on 24 November 2009 - 10:44amTwo separate California Environmental Quality Act lawsuits over unrelated measures that raised revenue for transportation purposes have been thrown out by the state Court of Appeal. One case involved a half-cent sales tax in Santa Barbara County. The other concerned a Los Angeles bus fare increase.
Rent-Controlled Landlords Break Through In Ninth Circuit
By Paul Shigley on 22 October 2009 - 11:12amIn the first decision of its kind, a divided Ninth U.S. Circuit Court of Appeals panel has declared that the City of Goleta’s mobile home rent control ordinance constitutes a regulatory taking.
Santa Barbara COG's Work On Sales Tax Measure Upheld
By Paul Shigley on 19 November 2008 - 11:17amThe Santa Barbara County Association of Governments did not illegally campaign for a ballot measure to fund transportation projects, the Second District Court of Appeal has ruled. By preparing a transportation plan and making presentations to member agencies and the public about the benefits of a proposed sales tax extension, the Association of Governments was simply performing its duty, the court determined.
CEQA, NEPA Suit Ruled Moot
By Susan Klipp on 30 May 2008 - 12:27pmA three-judge panel of the Ninth Circuit has dismissed as moot an animal rights group’s challenge of the environmental review documents for a program in which the National Park Service eradicated feral pigs on Santa Cruz Island.
High Court Says New City May Deny Tentative Map Approved By County
By Urban Insight on 1 February 2007 - 1:00amThe newly incorporated City of Goleta had the authority to reject a final subdivision map after the Santa Barbara County Board of Supervisors had approved the tentative map for property that was in unincorporated territory at the time, the state Supreme Court has ruled.