Articles

A federal appeals court has upheld a lower court's decision to remove a special master who had been appointed to oversee redevelopment of an industrial site in Union City. The Ninth U.S. Circuit Court of Appeals also upheld a court order capping the former special master's compensation and ordering him to repay $113,000.

A 2002 appellate court decision that subjected a proposed water treatment plant to local zoning and building ordinances appears to be on shaky ground.

While it might be hard to convince some of my left-leaning brethren of the case, the forthcoming auction of El Toro will likely benefit the local community, the military and private business, in that order. The City of Irvine, not known to be a pushover on matters relating to the former Marine Corps base, seems just short of ecstatic about the arrangement.

Major efforts are under way to provide money to upgrade and expand infrastructure in California, but even some backers of the funding proposals appear skeptical that state lawmakers will approve anything major this year. There are two approaches in Sacramento these days. One would make it easier for local government to raise revenue by reducing the two-thirds voter requirement for special taxes and local bonds. The second approach relies on state bonds.

A report prepared by a group of New Urbanist planners for the Governor's Office of Planning and Research (OPR) recommends that cities and counties adopt form-based codes to govern development. The report knocks typical zoning codes, which are based on land uses. The authors contend this type of zoning has led to 50 years of suburban-style development, which has caused people to rebel against growth.

Contra Costa County and its 19 cities are considering a "growth management compact" for the next 20 to 30 years that emphasizes efficient development patterns, redevelopment and improved job distribution. The proposed compact — important components of which remain unsettled — is a key part of "Shaping Our Future," a multi-agency effort to address growth, conservation and transportation on a regional basis.

The state Supreme Court appears to be ready to undertake a sweeping review of the California Coastal Commission's makeup and its permitting activities — possibly even permits issued long ago. The court decided in April to review a case in which the Third District Court of Appeal ruled that the method of appointing the Coastal Commission violated the separation of powers doctrine.

A developer's lawsuit alleging that the City of Wasco breached a development agreement by withdrawing funding for infrastructure is not subject to the statute of limitations in the Subdivision Map Act, the Fifth District Court of Appeal has ruled. The court ruled that the dispute was over an interpretation of the development agreement, which was not an action arising out of the Subdivision Map Act.

A city may prohibit or regulate a boarding house with at least three tenants in a low-density residential zone, according to a state Attorney General's opinion. "[P]reserving the residential character of a neighborhood is a legitimate government purpose that may be reasonably achieved by prohibiting commercial enterprises such as operating a boarding house business," Deputy Attorney General Anthony DaVigo wrote.

As California's population continues to grow, portions of the state are undergoing the process of urbanization. Although it might appear simple to determine what land is urban and what is not, different interpretations of "urban" can complicate discussions of farmland preservation, development patterns, placement of infrastructure and other issues.

If ever there were a year that would seem ripe for housing element reform, it's 2003. Yet there is little discussion of comprehensive reform, nor even much active discussion on whether to move forward into the next cycle of RHNAs and housing element updates in 2005.

Spurred by several pieces of legislation approved during the last few years, California's state government agencies are gradually making advances in environmental justice.

Since 1996, California voters have approved $11.1 billion worth of resource bonds. However, tracking how that money has been spent, how the remainder is proposed to be allocated — and even determining how much money is available — have proven tricky.

A takings lawsuit by Lake Tahoe area property owners against the Tahoe Regional Planning Agency (TRPA) has been tossed out by the Ninth U.S. Circuit Court of Appeals because the court had already ruled on the matter.