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Articles
Consulting Firms' Key Clients Disappear with Death of Redevelopment
Though most cities maintained full-time redevelopment teams, not all the work was done in-house. That would be hard to do in a $5 billion annual industry, with countless moving parts in hundreds of agencies across the state.
Josh Stephens
Mar 13, 2012


Bay Area TOD Hailed as National Model
Smart growthers tout transit-oriented development more often than any other strategy. Yet with the exception of a few few showpiece developments, TOD has yet to catch fire in practice. This year, the American Planning Association recognized one such development in the hopes that, finally, the trend will catch on.
Josh Stephens
Mar 3, 2012
Disregard for Comment Undermines EIR for Sale of Historic Home (Updated)
Having already prepared one environmental impact report that was set aside by a court, the City of Carmel-by-the-Sea undertook a new EIR for the purposes of evaluating the impacts of the City disposing, by sale or lease, of a historic mansion. That EIR and the special circumstances surrounding publically owned historic structures were at issue in Flanders Foundation v. City of Carmel-By-The-Sea.
William W. Abbott
Feb 29, 2012
Alhambra Proposes Its Own Stand-In for Redevelopment
As cities across the state are contemplating if and how they can spur economic and real estate development in the absence of redevelopment, the Los Angeles County city of Alhambra has taken early steps towards a self-help plan. Last week the Alhambra City Council heard a first reading of an ordinance that would empower the city to employ a range of economic development tools and to pursue funds to pay for them now that tax increment financing is no longer available. Th
Josh Stephens
Feb 20, 2012
Baseline Must Include Existing Operations for CEQA Analysis
The best method for setting the proper baseline in a CEQA document still remains a matter of debate. For the project opponents, the payoff is often big if they can convince a court that the wrong baseline was used, as the ensuing analysis is all keyed to the baseline. If the wrong baseline is used, then the balance of the CEQA evaluations is upset. Citizens for East Shore Parks v. California State Lands Commission, the last CEQA decision for 2011, involves one of those baseli
William W. Abbott
Feb 16, 2012
Individual Patients Cannot Sue to Overturn Zoning Prohibiting Marijuana Dispensaries
Though medical marijuana may be legal in California, cities thus far have no obligation to ensure that patients have ready access to cannabis-based medicines. There have been several attempts by medical marijuana dispensary proponents to get the courts to recognize the right of prospective proprietors and co-ops to establish dispensaries, regardless of what the local zoning code allows. Thus far, these attempts have failed. The most recent attempt in Traudt v. City of Dana Po
Cori Badgley
Feb 16, 2012
CEQA Does Not Require Analysis of Sea Level Rise on Project
The Second Appellate District tackled several technical but important legal considerations in Ballona Wetlands Land Trust v. City of Los Angeles , including that of whether a lead agency must analyze the impact of the environment on the project.
William W. Abbott
Feb 11, 2012
California's First Sustainable Communities Strategy Comes Under Fire
Last year, the San Diego Association of Governments released the state's first Sustainable Communities Strategy, which Senate Bill 375 requires of California's metropolitan planning organizations. SANDAG officials hailed the SCS, coupled to its Regional Transportation Plan, as a bold step towards reducing sprawl and meeting the per capita emissions reductions targets that the California Air Resources Board had set. Not so fast, say a group of opponents, including a coal
Josh Stephens
Feb 11, 2012
Installation of Solar Panels Subject to Homeowners Restrictions
The Court of Appeal for the Second Appellate District affirmed a judgment following a jury verdict that found that a homeowners association complied with the California Solar Rights Act (Civ. Code, § 714) when it denied the application of property owners to install solar panels on a slope adjacent to their residence.
Glen C. Hansen
Feb 11, 2012
Existing Policy Tools Can Help Cities Can Prosper Without Redevelopment
For now, redevelopment in California is dead. But that hasn't eliminated the need for public policy to support urban revitalization. Indeed, Gov. Jerry Brown still supports aggressive policies in this vein – for example, implementing the SB 375 regional planning law passed in 2008 as part of the climate change effort, and streamlining environmental review for infill projects.
William Fulton
Feb 7, 2012
Officials Required to Adopt Added Findings to Deny Residential Project
Government Code Section 65589.5(j) which, among other provisions, requires a city or county to adopt findings justifying the denial or density reduction in circumstances in which the project complies with "applicable, objective general plan and zoning standards and criteria, including design review standards." This code section was added in an effort to tighten down the discretion exercised by local officials when acting on a housing project application. It is codified as par
William W. Abbott
Feb 7, 2012
Factory Seeks to Block Housing in Downtown San Diego (Updated)
San Diego politicians and land-use officials have become polarized over an unusual controversy pitting one of the city's largest private employers against an apartment developer in the city's downtown area. At issue is whether the proposed Fat City development in the Little Italy neighborhood threatens the operations of nearby Solar Turbines.
Paul Shigley
Feb 5, 2012
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