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- CEQA Analysis Can Put Traffic From Vacant Store In Baseline
The City of Carlsbad acted correctly in including traffic from a vacant store in its environmental baseline for a shopping center renovation, the Fourth District Court of Appeals has ruled in an unpublished case.
- San Clemente Must Return Unused Parking Impact Fees, Fourth District Rules
The City of San Clemente must refund $10 million in beach parking impact fees accumulated over a 20-year period because it did not build parking facilities with the money nor make the necessary findings under the Mitigation Fee Act to retain the money for more than five years, the Fourth District Court of Appeal has ruled.
- Mobility Plan Nudges Los Angeles Towards New Transportation Modes
There's a scene in "X Men Origins: Wolverine" in which a government scientist infuses every bone in the title mutant's body with an inviolable metal called adamantium. The process is excruciating, but it leaves Wolverine with the distinct benefit of near-indestructibility. And claws.
- DOF Puts Post-Redevelopment Coal In Cities' Stockings
The holiday season continues to be a cruel time of year for California's redevelopment community. Last year, the state Supreme Court struck a blow on Dec. 29, allowing the state to abolish redevelopment agencies. And this year, on Dec. 18, the state Department of Finance denied funding to many of the 240 of the 400 successor agencies who had appealed earlier rejections.
- TRPA wins Tahoe plan update approval
A summary judgment ruling April 7 by U.S. District Judge John Mendez upheld the Tahoe Regional Plan Update, endorsing a new regulatory approach to protecting Lake Tahoe that emphasizes incentives for more centralized, better mitigated development. His decision helps to ratify a high-level accord that in 2011 and 2012 resolved political tensions between California and Nevada over shared governance of Lake Tahoe.
- Cal Supremes Wrestle With "CEQA In Reverse" Case
California's Supreme Court justices were picking doubtfully Wednesday morning at the famous "CEQA in reverse" argument -- a claim that the California Environmental Quality Act can require an environmental impact report (EIR) not only when a project may threaten the environment, but also when a project would draw users to a place with hazardous environmental conditions.
- Sixth Circuit Issues Nationwide Stay on EPA's WOTUS Rule
The federal Sixth Circuit Court of Appeals on Friday issued a nationwide stay blocking enforcement of the new federal rule defining "Waters of the United States". For now the stay applies in all states, including California. While it lasts, the "Waters Of..." definition returns to the jumbled but familiar state it was in before the new rule took effect on August 28. Although the stay is only a temporary measure, it strengthens legitimacy and buys time for opponents of the Obama Administration's approach to clean water regulation.
- Adjacent Properties Not Part of One Development for Takings Purposes, Federal Circuit Rules
The Court of Appeals for the Federal Circuit held that, in determining the relevant parcel of land for purposes of analyzing a regulatory takings claim based on the denial of the U.S. Army Corps of Engineers of a Clean Water Act § 404 fill permit, the Court of Federal Claims should only consider the economic value relating to the single parcel of land containing the wetlands to be filled, and not the adjacent developed property and other wetlands in the vicinity owned by the same developer. Here, the single parcel was never considered part of the same larger development.
- Housing Proposal Forces Tough Choices on Green City
Conflict over a proposed housing project in the Sonoma County city of Sebastopol offers proof of just how politically difficult infill development can be.
- Failure to Disclose Assessment Basis Dooms Special District Vote
Recent polls suggest that Proposition 13 remains as popular today as when it was enacted. Yet, at the same time, residents demand a high level of services which exceed the ability of local officials to fund absent innovation in developing new funding strategies. This innovation in turn has generated a series of voter-enacted limitations designed to further restrict new revenue measures, absent voter approval. Part of this voter legacy is Proposition 218, enacted in 1996 (California Constitution Art XIIID).
- Nice Try, Cal State -- But CEQA Mitigation Doesn't Require State Appropriations
Tuesday's California Supreme Court ruling in a CEQA case involving San Diego State lays down an important marker: State agencies can't claim that a mitigation measure is infeasible just because they didn't get a legislative appropriation to pay for it. It's the second time the Supreme Court has rejected an argument by Cal State that fiscal considerations under state law should trump CEQA.
- SGC Ramps Up To Adopt New Program Guidelines on December 17
After doling out $120 million in essentially free money in 2015, the program staff behind the Affordable Housing and Sustainable Communities grants discovered almost as many opinions as there were dollars in the program. Public and private stakeholders alike expressed concerns about both the fairness and efficacy of the selection process. Large urban areas lobbied for population-based preferences, rural areas lamented their lack of qualifying transit, and fierce discussions took place over jurisdictional caps and underserved communities.
