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Cabaret Loses 1st Amendment Argument Over Use Permit
A state appellate court has upheld the City of Los Angeles's refusal to grant a conditional use permit for the sale and on-site consumption of alcohol at an adult cabaret. The court ruled that the decision to deny the permit strictly concerned alcohol and did not prohibit the expression of protected speech.

CP&DR Staff
May 29, 2009


Huntington Beach Boulevard Plan: Paris Or Vegas?
The Beach and Edinger Corridors Specific Plan for Huntington Beach seeks to remake Beach and Edinger into first-rate streets. But the plan's elevation of retail sales above other needs could compromise the city's urban design goals.

CP&DR Staff
May 29, 2009
Can Suburban Downtowns Co-Exist With High-Speed Rail?
These days, the California High-Speed Rail Authority might as well be called the Political Traction Company. After winning voter approval of a $9.9 billion bond in November, the authority seemed to become a favorite of the Obama administration, which is eager to fund high-speed rail construction. In addition, some Central Valley communities � such as Fresno and Bakersfield, where stations are set to be built � are eager to see the project advance. Nevertheless, cities alo

CP&DR Staff
May 28, 2009
High Court Eases Regional Park District Property Disposal
The California Supreme Court has reversed an appellate court ruling that regional park and open-space districts said would have greatly diminished their ability to acquire and manage land. The court said that a regional park and open-space district can dispose of property if it has not officially declared – such as by adopting a resolution – that the property is "dedicated" for use as a park and open space.

CP&DR Staff
May 28, 2009
Golf Course Built Without Permits Faces Uncertain Future
In this month's roundup of land use news, both the developer of a Calaveras County golf course built without permits and the county must decide how to proceed after supervisors refused to approve the project after-the-fact; the Obama administation has reversed a controverial Bush-era Endangered Species Act rule; a conservation plan for an endangered salamander in Sonoma County has died; developer DMB Associates has announced it is abandoning a new town proposal in San Ben

CP&DR Staff
May 28, 2009
Cities Cut, Delay Development Fees
The recession and slack development activity have caused about 10 cites and counties to reduce their development impact fees, while more jurisdictions have delayed collecting fees until new buildings are ready to occupy. Some interest groups regard the fee deferrals as helpful in generating local activity. But whether fee reductions are similarly stimulative is debatable.

CP&DR Staff
May 21, 2009
Federal Stimulus Grants May Help Locals Meet New Planning Mandates
There's never been a weirder time to try to do planning in California. On the one hand, the state has made climate change a major priority – and it's driving local government efforts in a hundred different ways, ranging from greenhouse gas analyses in environmental documents to switching out light bulbs in city corporation yards. On the other hand, the state is cutting back all over the place because of the ever-more-dismal budget crisis. And this is going to make it hard for

CP&DR Staff
May 21, 2009
CRA Wins Lawsuit, But Money Issues Still Unresolved
With the State of California again facing financial calamity, the fight in Sacramento over tapping the revenues of local redevelopment agencies to fund schools is likely to intensify. Among the latest developments are a Sacramento County Superior Court ruling blocking implementation of a portion of a 2008 law requiring redevelopment agencies to transfer $350 million in tax increment revenue to schools, and a state controller's office report that says more than one-quarter of

CP&DR Staff
May 21, 2009
Morgan Hill Voters Endorse Downtown Development
Voters in the Santa Clara County city of Morgan Hill have changed their minds and approved a growth control modification to permit additional housing development in the downtown area. Measure A keeps in place Morgan Hill's population cap of 48,000 by 2020, but permits 500 more units downtown than had been allowed.

CP&DR Staff
May 21, 2009
Charter Cities Dodge Prevailing Wage Law
A charter city does not have to comply with California's prevailing-wage law if its public works projects are financed exclusively with city revenues, a divided three-judge panel of the Fourth District Court of Appeal has ruled. The reason: The state law "does not touch upon matters of statewide concern sufficient to outweigh the power of charter cities over their municipal affairs," Justice Patricia Benke wrote for the court's majority.

CP&DR Staff
May 20, 2009
Rent Control Of Replacement Units Upheld
A City of Los Angeles ordinance that subjects replacement rental units to the city's rent control scheme has been upheld by the Second District Court of Appeal. The court rejected the argument that the ordinance violates the Costa-Hawkins Act, which exempts newly constructed units from local rent control measures.

CP&DR Staff
May 13, 2009
Court Clears Water District Consolidation Process
The San Bernardino Local Agency Formation Commission may proceed with the proposed consolidation of two water districts, the Second District Court of Appeal has ruled. The court rejected the argument of one district that the proposed consolidation is not subject to the Cortese-Knox-Hertzberg Government Reorganization Act and that the consolidation is actually a dissolution.

CP&DR Staff
May 13, 2009
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