Articles

Divine purposes do not give developers a free pass to circumvent local zoning regulations. 

The Second District Court of Appeal has ruled that Los Angeles County was entitled to a court order that prohibited a church from operating a school without a required conditional user permit.

The Sahag-Mesrob Armenian Church owns two parcels zoned R-1 (single-family residential) in the San Gabriel Valley. In May 2008, the church filed an application for a conditional use permit to operate an 800-student, K-12 school on the property. Four months later, the county received complaints that the school was operating in advance of the issuance of the conditional use permit and without California Environmental Quality Act review.

Refusing to second-guess a decision made by a public agency based on substantial evidence, the First District Court of Appeal has upheld a Sonoma County urban water management plan.

Of all the ways that California is attempting to reduce its carbon footprint, perhaps none will have a more dramatic, or immediate, impact than that of solar power.  

Up to 200 solar energy projects, are seeking, or have received, approval to be developed in California. Most notable of these are nine large-scale projects in the state's own Empty Quarter � the Mojave and Colorado  -- where state and federal officials are on the verge of inking approvals on more than 4,100 megawatts worth of solar thermal farms. Collectively, they represent nearly ten times the amount of solar capacity installed in 2009, and enough energy to power roughly 2 million homes. 

Bill Fulton's new book, Romancing The Smokestack: How Cities and States Pursue Prosperity, is a collection of economic development columns from Governing magazine that covers the good, the bad, and the ugly about how economic development is practiced in the United States. It's a quick read -- but informative and entertaining -- on such topics as how Federal Express runs its middle-of-the-night operations in Memphis, the challenge of retaining manufacturing in America, the retail wars among cities in California, and whether cities need population growth in order to increase prosperity. To buy the book, just go here: https://www.createspace.com/3477293

It's been 20 years since California elected a governor with a strong interest in planning and development.  And next week's gubernatorial election appears to present a pretty significant choice in the state's approach to these issues.

Despite her occasional right-wing rhetoric, Meg Whitman is unlikely to bend in a radical direction. She may suspend AB 32 and focus on job creation, but she's likely to focus on green jobs. She's also likely to try to streamline the California Environmental Quality Act, though it's hard to know � with a Democratic legislature � how likely she is to succeed.

Collectively, ballots that California voters will cast Nov. 2 encompass a representative sample of the usual land use questions that California cities and counties face on a regular basis. Local voters will decide on everything from urban growth boundaries to downtown plans to specific projects. But, however strong local passions may be, the statewide ballot also includes potential whoppers on major issues like redevelopment funding, climate change, and the survival of state parks.

Updated as of November 3 with most current results. 

The California Air Resources Board's long-awaited greenhouse gas emissions targets probably are not perfect, to say the least. But they may be the closest thing California has to a consensus these days.

The entire California planning world now seems to revolve around combating climate change and reducing greenhouse gas emissions. But Proposition 23 – a long-term suspension of the state's climate-change law – is on the ballot this fall. The proposition is behind at the polls – but if it passes – will that be the end of SB 375, Sustainable Communities Strategies, greenhouse gas emissions analyses in environmental impact reports, and the whole industry that has been built up around climate change planning? 

For all of the Legislature's fretting this year, the consensus in Sacramento is that among the state's overwhelming crises, land use ranked as a low priority this past legislative session. The legislative session that ended Aug. 30 included relatively few land use bills and, of those, they were of relatively minor import.

California appellate courts have recently published two opinions regarding attorney's fees in land use cases. Not surprisingly, the party that won on the merits in the first case also won attorney's fees, while, in the second case, the party that lost on the merits was not awarded attorney's fees even though the losing party argued that it deserved the fees.

The Cal Bears scored a victory in a recent legal challenge to a planned expansion of athletic facilities near the historic University of California football stadium in Berkeley.

The project opponents' playbook included a long list of California Environmental Quality Act (CEQA) violations allegedly committed by the University of California (UC) Board of Regents. The blue and gold had a solid game plan. The regents used a tiered Environmental Impact Report (EIR), carrying forward relevant CEQA analysis from the first tier to a later document and providing detailed, site-specific analysis in the later tier.

 In the ongoing quest to reclaim open space in the City of Los Angeles, no feature has been worried over more than the Los Angeles River and adjacent parcels. It is, by some accounts, one of the world's most un-natural waterways. The city's Los Angeles River Master Plan has long called for greening and the removal of concrete banks, but debate has raged over whether it even qualifies as a true river.

Typically it's the developers who worry about cap rates and the environmentalists who worry about preserving ecologically sensitive lands. That tradition could be upset, however, if a recent proposal to restrict the investments of nonprofit land trusts is approved by the California Department of Fish and Game.

The California Endangered Species Act allows for developers and other landowners to set aside sensitive lands and receive incidental take permits in exchange. These lands are typically preserved in perpetuity, using the investment income from endowments that the landowner sets aside.

In some ways, Christine Essel could not have come into her new job at a worse time – or from a more unexpected background. The new CEO of the Los Angeles Community Redevelopment Agency, Essel had previously led Paramount Pictures' government affairs team. She is one of few executives to cross over from Tinsletown to the gritty streets of urban Los Angeles. Those streets, in CRA/LA's 32 project areas and 128 active projects, may get even grittier thanks to the state's $2.1 billion transfer of redevelopment funds this past spring.