Articles

To many Californians, the lively, pedestrian-oriented streets and plazas of San Francisco are what make the city so enjoyable. But away from these celebrated areas, San Francisco has many of the same problems with its streets as other aging urban areas. There are countless blocks of treeless roads that are more useful for shuttling speeding cars to freeways, than for providing safe corridors for pedestrians and bicyclists.

The city has set out to improve those streets that don't match up to the city's reputation with an ambitious "Better Streets Plan."

The state has gone into the infill and transit-oriented development business for the first time. But it is hard to say whether the state government's newfound interest will reshape California.

Using money from Proposition 1C, adopted by the voters in 2006, the Department of Housing and Community Development (HCD) recently awarded almost $500 million in infill infrastructure grants and transit-oriented development (TOD) grants. No, it's probably not enough to alter the state's growth patterns. But it is enough to get some projects off the ground that otherwise might have languished in the real estate downturn.

A proposed subdivision that undergoes environmental review and receives approval does not become a new project for California Environmental Quality Act purposes merely because the local government's approval expires and a new subdivision map is submitted, the First District Court of Appeal has ruled.

In this month's roundup of news from around the state: A Los Angeles judge has toss out water quality officials' regional plan; researchers recommend building a peripheral canal; Whittier halts the expansion of hookah bars; and Temecula gets tough on owners of foreclosed houses.

Urgency legislation extending the life of all subdivision maps by one year has been signed by Gov. Schwarzenegger. The California Building Industry Association (CBIA) praised the governor for signing SB 1185 (Lowenthal). The real estate slowdown has prevented developers from following through with approved projects, and the legislation ensures developers and landowners do not have to go through the entitlement process a second time.

A logging plan and endangered species permit that were part of the Headwaters Forest deal approved by the state in 1999 have been invalidated by the state Supreme Court. The court set important precedents by rejecting both a "sustained yield plan" and an "incidental take" permit held by Pacific Lumber Company.

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.

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.

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.

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 application. Both decisions bolster the authority and integrity of LAFCOs.

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.

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.

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.

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.