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After 8 Years, Second Unit Ordinance Case May Conclude
A case involving Santa Cruz County's second unit ordinance has been returned to the Sixth District Court of Appeal by the state Supreme Court because the county has amended the ordinance. The county has asked the court to dismiss the case entirely because the county has eliminated the ordinance provisions in question, Deputy County Counsel Dwight Herr said. Those provisions dictate rent levels and who may occupy a second unit.

CP&DR Staff
Jul 22, 2008
Attorney General: LAFCO May Adjust Proposed City Boundaries
A local agency formation commission may alter the boundaries of a proposed new city beyond those drawn by incorporation proponents, according to a state attorney general's opinion.

CP&DR Staff
Jul 16, 2008
Coastal Commission In-Lieu Fee Upheld
An unusual Coastal Commission mitigation fee to offset the impact of a private seawall has been upheld by the Sixth District Court of Appeal, which rejected arguments that the fee was unconstitutional, was prohibited by the Coastal Act and was the result of post hoc rationalization.

CP&DR Staff
Jul 16, 2008
Court Calls LAFCO Approval Necessary For Special District Service Expansion
An irrigation district that provides wholesale electricity may not begin providing retail electric service without approval of the Local Agency Formation Commission, the Third District Court of Appeal has ruled. In a related decision, the Third District also ruled that the irrigation district may not depose two members and the executive officer of the Local Agency Formation Commission (LAFCO) for the district's lawsuit regarding denial of the retail electricity service applic

CP&DR Staff
Jul 16, 2008


Arts Gain A Foothold In Downtown Modesto
It has taken 25 years, but various government and private investments have turned downtown Modesto into a center for the arts, entertainment and dining. Still, there is a long way to go before downtown is completely "back" from the dead.

CP&DR Staff
Jul 3, 2008


San Ramon City Center: Dressed Up But Going Nowhere
San Ramon City Center is an ambitious, 39-acre mixed-use project in the Contra Costa County city of 50,000 people. CP&DR Contributing Editor Morris Newman doesn't think much of the project, but he concedes that he might be asking for a little too much.

CP&DR Staff
Jul 3, 2008
Foreclosures May Become Redevelopment Agencies' Concern
Redevelopment agencies may soon have authority to assist homeowners with subprime loans who are facing foreclosure, and to acquire foreclosed housing. Under a measure likely to pass the Legislature, redevelopment agencies could aid homeowners, lenders and developers whether or not the subject property is within a redevelopment project area. However, a late amendment to the bill would prevent agencies from using their 20% housing set-aside fund for the activities.

CP&DR Staff
Jul 2, 2008
In Brief: San Quentin Project Questioned Again
In this month's roundup of state land use news: The state auditor is again raising questions about construction of a new death row at San Quentin; the State Water Resources Control Board is proposing an overhaul of the water regulatory system; the developer of a proposed Los Angeles project is suing the city for halting the review process; the company that owns the gigantic Newhall Ranch project has filed for bankruptcy.

CP&DR Staff
Jul 2, 2008
9th Circuit Overturns Pacifica Developer's Award Of Damages
An award of $665,000 in damages and legal expenses to a developer in Pacifica has been thrown out by the Ninth U.S. Circuit Court of Appeals. The unanimous three-judge panel determined that a questionable condition of project approval that the city eventually repealed did not constitute a violation of the developer's equal protection rights because the condition did not stop the project from moving forward.

CP&DR Staff
Jul 1, 2008
Study Of Large Irvine Company Development Upheld
The Sierra Club's challenge of the environmental review for a large annexation by the City of Orange and a related development by the Irvine Company has been rejected by the Fourth District Court of Appeal. The court turned away arguments that the environmental analysis for the Santiago Hills and East Orange projects improperly described the project, segmented environmental reviews, failed to adequately address water quality, incorrectly analyzed traffic and lacked a proper p

CP&DR Staff
Jul 1, 2008
Statute Of Limitations Extended In Lawsuit Over Recreation Trail
An appellate court has reinstated a lawsuit over environmental review of a recreational trail proposed to be built in San Mateo County. A Santa Clara County Superior Court judge had thrown out the suit because it was filed after the California Environmental Quality Act's usual 30-day statute of limitations expired. However, the Sixth District Court of Appeal ruled there was "reasonable probability" environmentalists could show that a 180-day statute of limitations applied her

CP&DR Staff
Jul 1, 2008
Challenge Of Treatment Plant's Water Quality Exception Fails
A plan that alters regulations for the operation of a wastewater treatment plant that disposes of effluent into a Sierra Nevada foothills creek, rather than requiring improvements to the plant, has been upheld by the First District Court of Appeal. Anglers and environmentalists sued over the plan, arguing state water quality regulators violated the California Environmental Quality Act and the Porter-Cologne Water Quality Control Act. But a unanimous three-judge panel of the F

CP&DR Staff
Jul 1, 2008
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