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Articles
Piecemeal EIR Sinks Kern County Mining Project
The parts of a Kern county mining project are decidedly not greater than – or a substitute for – the whole, as far as the California Environmental Quality Act is concerned.
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Jan 26, 2011
Cemex Pushes For Controversial Aggregate Quarry In Fresno County
Even though the recession has brought construction in the Central Valley nearly to a standstill, one of the world's largest suppliers of building materials appears bullish on the region. Cemex Construction Materials, LP , has proposed an aggregate mine on a 2,036-acre site in Fresno County, inciting protest from both environmentalists and local Native American tribes.
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Jan 13, 2011
Cash-Strapped Planning Agencies Get Prop. 84 Windfall
When Proposition 84 passed in 2006, it reflected a booming economy. Providing $5.4 billion for clean water, parks, and open space the measure was seen as an important way to protect the state's natural resources at a time before many were worried about $28 billion deficits or maxing out the state's bonding capacity. Prop. 84's primary focus is on waterways and water management. However, it also includes a relatively tiny set-aside for innovative planning that is provin
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Jan 13, 2011
Mammoth Lakes Found Liable For Breaching Development Deal
The Town of Mammoth Lakes has been ordered to pay more than $32 million for violating a development agreement. In upholding a jury's award of damages to the developer, the Third District Court of Appeal made clear that local government agencies are treated like any other private contracting party when it comes to development agreements and can be held liable for damages if the agency breaches the agreement.
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Jan 9, 2011
Projected Traffic Estimates For Sunnyvale Road Project Violate CEQA
The City of Sunnyvale's analysis of a road improvement project's traffic and related impacts based on predicted conditions in 2020 violated the California Environmental Quality Act's requirement to compare a proposed project with existing conditions.
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Jan 6, 2011
Coastal Act To Square Off Against Mello Act In Mobile Home Park Case
A case involving the relationship of the Subdivision Map Act with the Coastal Act and Mello Act has been accepted for review by the state Supreme Court.
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Jan 6, 2011
Historic Palo Alto Adobe Not Protected By CEQA
A state appellate court has found that a provision of the Palo Alto municipal code requiring a 60-day delay prior to the issuance of a demolition permit did not render the permit approval a discretionary act requiring environmental review. The city properly treated the demolition permit as ministerial and exempt from the California Environmental Quality Act (CEQA), the Sixth District Court of Appeal ruled.
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Jan 6, 2011
Fight Over Redevelopment Funds Not Done Yet
When 5.7 million people say they want to shield local funding from grabbing hands – as they did in November -- that should be the end of the story. At least, that's what California's redevelopment agencies would hope after this annus horribilis in the redevelopment world.
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Dec 29, 2010
California's Top Planning Stories of 2010
In Year Three of the Great Recession, it's comforting to think that California has heard all the bad news it's going to hear. Or at least we're so accustomed to bad news, that we've stopped getting depressed by it. As a result, many of this year's top stories come with silver linings. <p> </p> The no-growth vs. slow-growth vs. build-everything debate has become a faint murmur, since not much of anything is getting built anyway. What is getting built, though, is generally plea
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Dec 23, 2010
Developer's Religious-Use Gambit Fails To Circumvent Landmarks Ordinance
A Santa Monica apartment complex owned by a religious group did not fall within a statutory exemption from local historic preservation regulations because the property has always been a commercial enterprise, the Second District Court of Appeal has ruled.
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Dec 23, 2010
Beaumont Development Scores Victory Despite Impact To Agricultural Land
An environmental impact report for a 560-housing unit specific plan in the Riverside County city of Beaumont has been upheld by the Fourth District Court of Appeal. The court approved the city's use of a baseline for examining water usage that was favorable to the developer, accepted the city's determination that loss of farmland could not be mitigated, and upheld the city's statement of overriding consideration for approving a project with significant environmental impacts.
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Dec 22, 2010
Airport's Tailspin Imperils Development in Ontario
The future of land use in the City of Ontario is up in the air, Literally.
Josh Stephens
Dec 10, 2010
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