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Articles
Real CEQA Reform May Have Arrived, At Least for Infill Development
For a lot of planners, the idea of an "infill exemption" to the California Environmental Quality Act has been a kind of holy grail over the past few years. CEQA is a fact of life in California and unlikely to go away. But having to run though the entire CEQA process for a project a quarter-acre infill site – just as you might for a project on 5,000 acres of raw land – has been more than a little frustrating for developers and planners alike. Sure, an infill project has an imp
William Fulton
Dec 1, 2011
Land Trusts Seek Deals During Recession, Prepare for End of Bond Funds
The past few years have been great for not building things. The Great Recession has particularly devastated developers building on the urban fringe, who found themselves saddled with entitlements for homes that no one would ever buy. But for a distinct group of non-developers, the so-called Great Recession has been great for business.
Josh Stephens
Nov 30, 2011
Fifth Time's a Charm for Warehouse Development
How many mitigated negative declarations are required for a lead agency to avoid preparing an EIR? In Sonoma County the answer is five. While the portion of Schenck v. County of Sonoma devoted to the "fair argument" analysis remains unpublished, the court's published ruling that certain procedural errors are not prejudicial is helpful, as well as the appellate court's affirmation that the trial court can fashion a tailored remedy to cure a California Environmental Quality Act
William W. Abbott
Nov 17, 2011
Agency May Shield Cultural Resources in EIR
As the state's public disclosure statute, the California Environmental Quality Act directs lead agencies to disclose the likely impacts associated with agency approval of projects. And while legal caution dictates that more disclosure is preferable to less disclosure, lead agencies have to recognize that there are two notable exceptions to this practice: information relating to cultural resources, as outlined in Government Code section 6254, CEQA Guidelines section 15120(d),
William W. Abbott
Nov 17, 2011
'Flexible' General Plan Update Raises Controversy in Tulare County
Tulare County is a diverse 4,800 square miles, with extensive, mountainous public lands in the east, and some of the country's most fertile farmland in the west. It encompasses the Sequoia Park, parts of the Giant Sequoia National Monument and Sequoia National Forest, and every year hosts the World Ag Expo. How all of these diverse elements fit into a single general plan is the question that has vexed planners and stakeholders alike for the better part of the past decade. &nb
Josh Steichmann
Nov 14, 2011
Redevelopment Agencies' Worst Nightmare Discussed before Supreme Court
After yesterday's California Supreme Court oral argument in California Redevelopment Association vs. Matosantos – the lawsuit challenging the state's new pay-ransom-or-die redevelopment system – it's still hard to tell where the court will go. But the biggest question that emerged was: What happens it the court upholds AB 1x 26, which abolishes redevelopment, but strikes down AB 1x 27, which permits redevelopment agencies to continue to exist if they pay a "remittance" to the
Josh Stephens
Nov 12, 2011
Malibu Developer Gets Reduced Setback for Beachside Development
The Malibu Bay Company (MBC) owns the last undeveloped beach front parcel in Malibu, a 2.08-acre, 200-foot-wide parcel. In order to accommodate its proposed division into four parcels, MDC proposed an amendment to the Local Implementation Plan of Malibu's local coastal plan in order to create a new zoning district which would allow for lot widths of 45 feet, a decrease from the, then existing, standard of 80 feet.
William W. Abbott
Nov 10, 2011
From SoHo to Yolo: Community Arts Grants Encourage Placemaking
Forget about setbacks, traffic counts, and environmental impact reports. A new nationwide initiative suggests that planners and community development officials should be focusing as much on canvases, scripts, and jam sessions—especially if those planners are in California.
Josh Stephens
Nov 8, 2011
Case Clarifies Definition of ‘Day' for CEQA Statutes of Limitations
In a feat of chronological gymnastics regarding a proposed development in the City of Napa, the Court of Appeal for the First Appellate District held that a Notice of Determination posted over the course of 31 calendar days was not posted long enough to satisfy the California Environmental Quality Act's requirement that it be posted for 30 days.
Leslie Z. Walker
Oct 28, 2011
County Not Responsible for Flood Damage due to Poorly Maintained Road
This case involved the perfect storm of events resulting in the flooding of the plaintiffs' properties and an ensuing legal tempest. Plaintiffs sued the county in court claiming that the flooding was a result of county's failure to maintain a county road, from which the runoff spilled. Plaintiff claimed that the county's neglect of the road constituted a taking and inverse condemnation. In Gutierrez v. County of San Bernardino , the Fourth District Court of Appeals grappled w
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Oct 28, 2011
2011 Land Use Legislation Roundup
Gov. Jerry Brown considered over 600 bills that came to his desk this legislative session. Some of the most contentious involved land use, particularly bills concerning redevelopment and the California Environmental Quality Act. The City of Los Angeles got a CEQA exemption for its proposed football stadium and infill developments have received special dispensation; speculation is that other such exemptions may be on the horizon.
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Oct 28, 2011
Sacramento County Plan Embraces ‘Paradigm Shift' in Growth Management
Sacramento County may not rank among California's great wine countries, but it does appreciate the value of aging. Eight years in the making, the land use element of the county's new general plan update is on the verge of approval by the county Board of Supervisors. In contrast with the contentiousness that has surrounded many other recently updated county general plans, this one—save some concerns about the protection of wild habitats—seems to be pleasing just about everyone
Josh Stephens
Oct 20, 2011
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