Articles

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.

In a pair of decisions issued on the same day, the Second District Court of Appeal, Division Four, has addressed the scope of permitted regulation when a mobile home park owner elects to convert a park into a residential subdivision and sell individual spaces. In cases from the City of Los Angeles and the Los Angeles suburb of Carson, the court ruled that local government may apply state law and local considerations to restrict mobile home park conversions.

The U.S. Court of Appeals for the Ninth Circuit has upheld the U.S. Fish and Wildlife Service's designation of 858,000 acres in Northern California and Southern Oregon as critical habitat for fifteen endangered or threatened vernal pool species.

The court rejected attacks from the Home Builders Association of Northern California on the procedures used by the Fish and Wildlife Service (USFWS) to designate the critical habitat.

With the implementation of SB 375 still to come, cities across California will be challenged to revamp their general plans to meet goals of reducing vehicle miles traveled and promoting more compact development. In the race to write the perfect plan, the City of Santa Monica has, according to some, taken an early lead with the approval in July of a new land use and circulation element (LUCE).

Orange County is known for its miles of tract homes, car traffic and a booming economy. Much of that growth is due to the work of the Irvine Company, which has shaped a swath of the central county through its control and development of 93,000 acres that were once one of California's great ranches.

A City of Los Angeles ban on certain outdoor advertisements has been upheld by the Ninth U.S. Circuit Court of Appeals. In World Wide Rush, LLC, v. City of Los Angeles the unanimous three-judge appellate panel overturned a lower court ruling in favor of companies seeking to prevent the enforcement of the signage ban.

Amid budget shortfalls and a development drought, California cities and counties have stopped planning.  But they haven't stopped coding. 

Form-based code fever is still in full force throughout California. From north to south, cities – and, occasionally, counties as well – are using a good portion of their meager planning money to create form-based codes. Sometimes these codes are being created citywide, but more often they are focused on downtowns, older corridors, dead mall sites, and other locations designated for higher density or mixed-use development.

Enroll Now for Fall Quarter

The UCLA Extension Public Policy Program has opened enrollment for Fall Quarter. Online enrollment is available by visiting www.uclaextension.edu and referencing the Reg#.

Conferences:

25th Anniversary of The Land Use Law and Planning Conference (V9336)
Friday, Jan 21, 2011

Fall Courses:

New! Water Rights and Sustainability* (V9164 - Online)
Sep 20 - Dec 6
Jennifer Harder, Adjunct Professor, UC Davis School of Law

Overview

A development project in Redding that would destroy critical habitat for endangered species may proceed because the affected habitat constitutes a small percentage of habitat available nationwide, the Ninth U.S. Circuit Court of Appeal has ruled. 

The Ninth Circuit's decision puts a new twist on the debate over what constitutes "adverse modification" to critical habitat by upholding a black and white mathematical percentage formula applied by the U.S. Fish and Wildlife Service (FWS). Using the formula, a FWS biological opinion determine there would not be adverse modification or destruction of critical habitat of three species native to the Central Valley.

While land use litigation per se is not overly complex, it contains two procedural rules that occasionally trip up project opponents. A San Diego community group that challenged a condominium project recently tripped on both hurdles.

This month's legislative session, which concludes August 31, includes no game changers like SB 375, but it does include a few bills related to land use and redevelopment that bear watching. 

CEQA

Los Angeles Stadium CEQA Exemption

Over 100 organizations have signed on to a statement circulated by the Planning and Conservation League opposing a CEQA exemption for the development of a would-be NFL football stadium in downtown Los Angeles. The concerns have arisen in part because of an exemption granted to Majestic Realty in 2009 for its proposed stadium in the City of Industry and because of Gov. Arnold Schwarzenegger's stated desire to grant exemptions to certain projects in the name of economic development.