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Proposed Bridge on Park Land Requires Voter Approval
An 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 i

CP&DR Staff
Mar 1, 2011
March 8 Elections Include Few Local Land Use Measures
Voters will face only a handful of local ballots March 8, and the slate is mercifully light--and concentrated in Southern California. After a November election (see CP&DR Vol. 25, No. 21 Nov. 2010 ) packed with some of the most contentious local and statewide questions in recent memory, next month's smattering of project approvals and parking spats likely comes as welcome relief. The biggest local question surrounds the would-be city of Jurupa Valley, which will vote to b

CP&DR Staff
Feb 28, 2011
Brown's Plan Prompts Search for New Approach to Redevelopment
Ever s ince Gov. Jerry Brown first announced his intention to eliminate redevelopment agencies the redevelopment establishment – led by the California Redevelopment Association – has taken a hard line: no elimination, no compromise, no relinquishment of the tax increment. The CRA is even preparing for a legal battle based on its interpretation of both the State Constitution and Proposition 22.

CP&DR Staff
Feb 21, 2011
New Professional Group Promotes Infill Development
To some, infill development still occupies a quaint niche in the world of city-building. But over the past few years, greenfield development on the urban fringes has gone fallow and a host of economic, social, and regulatory forces have made infill more viable. Attempting to lead that charge is the newly formed California Infill Builders Association, a professional group made up of established and aspiring infill developers who seek mutual support in their effort to bring new

CP&DR Staff
Feb 17, 2011
Pot Dispensary Fails to in Bid to Challenge County Regulation
A lawsuit challenging Sonoma County's ordinance regulating the location and operation of medical marijuana dispensaries has been dismissed because it was not brought within the 90-day statute of limitations.

CP&DR Staff
Feb 15, 2011
State Supreme Court to Hear Alameda Co. Infill Case
The California Supreme Court will review a case in which Alameda County and a housing developer argue that a California Environmental Quality Act lawsuit filed by project opponents should have been dismissed because the opponents did not raise their objection during the administrative process.

CP&DR Staff
Feb 15, 2011
Threat to Enterprise Zones Compounds Cities' Anxieties
Gov. Jerry Brown's proposed state budget will do more than merely plug a $24 billion deficit. According to some, it will also lead to shuttered factories, recidivism among ex-convicts, and the flight of companies and jobs to rival states such as Arizona, Nevada, and Texas. Faltering clothing manufacturer American Apparel could be pushed closer to the brink of bankruptcy. At least if Brown's proposal to do away with Enterprise Zones is adopted along with the proposed eli

CP&DR Staff
Feb 14, 2011
Loss of Redevelopment Set-Aside Could Decimate Affordable Housing
The core of California redevelopment law tells redevelopment agencies what they can fight against – blight – and it enables them to identify project areas in which to do so. Generally, the law does not, however, indicate what blight should be replaced with. As a result, critics have charged that redevelopment often funds vanity projects such as stadiums at the expense of what they consider more socially beneficial developments.

CP&DR Staff
Jan 28, 2011
Proposal to Eliminate Redevelopment Incites Frenzy
As with so many trends, the use of tax-increment financing for redevelopment began in California. Since being created here in 1952, this vital aspect of redevelopment has spread to 48 other states. And yet if Gov. Jerry Brown's current budget proposal passes, it may very well die in the state where it was born. It is not going quietly. In the two weeks since Brown announced his intention to eliminate redevelopment in California as part of his proposal to cut the state's $24 b

CP&DR Staff
Jan 27, 2011
Brown Forces Robust, Necessary Debate Over Redevelopment
What would life be like in California without redevelopment?

CP&DR Staff
Jan 27, 2011
Court Affirms Legality of Mobile Home Park Rent Control
An 11-judge panel of the Ninth U.S. Circuit Court of Appeals has thrown out the court's 2009 decision that invalidated the City of Goleta's mobile home rent control ordinance. This time, the court ruled the ordinance was not an unconstitutional taking of property because the mobile home park owners who brought the challenge acquired the property long after ordinance was in effect.

CP&DR Staff
Jan 26, 2011
Broad Definition of 'Public Work' Applies Under Prevailing Wage Law
The Second District Court of Appeal has upheld a determination by the Department of Industrial Relations that required public improvements in a master planned community project to abide by prevailing wage laws. The court further ruled that Mello-Roos proceeds are "public funds," and that once a project is deemed a "public work" under the Prevailing Wage Law, all public portions of the project are subject to the law – including those public improvements that are privately fina

CP&DR Staff
Jan 26, 2011
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