Articles

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. 

When the Hunters Point Naval Shipyard closed, the United States Navy was steaming home from the South China Sea and the best way to get across San Francisco was in an airborne Mustang GT. It was then, 36 years ago, that the prospect of a massive redevelopment for Hunters Point and adjacent Candlestick Point first sprang to life. And it was just last month that a project was finally approved.

The Department of Water Resources is a "person" for the purposes of the Fish and Game Code and thus is prohibited from killing an endangered or threatened species protected by the California Endangered Species Act, the First District Court of Appeal has ruled.

As CP&DR's Senior Editor Paul Shigley pointed out last week in his blog, retiring Chief Justice Ronald George of the California Supreme Court gained a well-earned reputation as a centrist and a unifier. 

In a case involving the City of Stanton's "sensitive use ordinance," the Fourth District Court of Appeal has ruled that the city's handling of an application for an adult business was flawed. 

On December 1, 2008, Musa Madain submitted tenant improvement plans for a proposed adult cabaret on Katella Avenue. At the same time, he allegedly also attempted to submit the appropriate application and fee for an adult business. However, Madain claims he was told by city staff at the planning counter that the application and fee were not necessary. Two weeks later, Madain received a letter from the city manager stating his tenant improvements were rejected on the grounds his application was incomplete and that it was proposed within 300 feet of a "planned" church.