Articles

California's local governments are feeling the pain of the state budget shortfall. Gov. Arnold Schwarzenegger's proposal to shift more property tax dollars from cities and counties to schools, combined with uncertainty over backfill of the lost car tax and various state budget cutbacks is forcing many local agencies to revisit their service levels, raise fees and delay various projects.

A proposal to close Buchanan Field airport in Concord to allow development of housing, public facilities and other urban uses has divided two of Contra Costa County's largest developers. The proposal also appears to be dividing the county, which owns and operates the airport, and the City of Concord, in whose sphere of influence the airport lies.

An appellate court has overturned the City of Los Angeles's approval of a variance that allowed the expansion of a nonconforming use. The court determined that a proposal to expand a gas station located in a residential zone did not meet the city's criteria for a variance. Specifically, the Second District Court of Appeal found that there was no evidence that imposing existing zoning requirements would create a hardship for the landowner or business owner — a requirement for a variance.

The California Supreme Court has accepted a second case involving the application of coastal zone requirements. In January, the court voted to review a case in which the Second District Court of Appeal ruled that a state law requiring coastal zone developers to provide affordable units did not apply to a project in which all new houses would be located outside the zone.

Landscapes, like human bodies, have histories, and sometimes those histories can leave scars. The difference between a human body and a city is that a city has a longer life. The demise of the regional mall, at least the old malls from the 1950s and '60s, will leave behind scars. These injuries will be hard to heal because they are enormous.

The federal Clean Air Act requires new factories and power plants to use the "best available control technology" to limit air pollution, but generally lets states determine what specific systems satisfy the law. But in a closely divided decision issued in late January, the usually states rights-minded high court sided with the feds and upheld EPA's authority to override state environmental regulators.

The Metropolitan Water District of Southern California finished filling its new reservoir, Diamond Valley Lake, last year, and the giant body of water opened for public boating and angling last fall. Even though those events capped a decade of planning, engineering and construction in the western Riverside County desert, the Met is far from finished at Diamond Valley Lake. The agency plans to build about $20 million worth of recreational and educational facilities near the reservoir in the near term.

Now that the smoke has cleared from last fall's Southern California firestorms, one might assume that fire protection experts and elected leaders are busy working on methods to ensure that developments in fire hazard areas are better protected. That assumption, however, is only partly true.

Cities and counties of all sizes are adopting regulations to limit development of big box stores. Jurisdictions as different as the City of Los Angeles and sparsely populated Tuolumne County are considering or have adopted new regulations.

A proposed 5,800-unit housing development in the rugged hills between the San Fernando Valley and Santa Clarita is generating controversy, intergovernmental friction and litigation even before an environmental impact report has been produced.

Calveras County supervisors approved a 3,250-acre residential and golf course resort project near the lower foothills community of Copperopolis in mid-December. The following day, the Tuolumne County Board of Supervisors voted to sue its northern neighbor because of traffic concerns about the project.

Long criticized as a regulatory laggard, the San Joaquin Valley Air Pollution Control District appears to be only one year away from becoming the first air district in the state to levy air quality impact fees on all new developments. The proposed fee would be based on the size and type of project, and development proponents whose projects meet certain criteria could minimize or avoid the fee all together.

Riverside's University Village - where city officials permitted a 25% reduction of required parking spaces - is evidence that when merchants, developers and a municipality are willing to flex, new retail development can thrive in existing urban areas.

An appellate court has rejected the argument that a project leading to the loss of farmland should have been mitigated with the establishment of agricultural easements on other farmland.