Articles

A unanimous California Supreme Court has upheld a trial court's decision to reject a challenge to a Proposition 218 election for a storm drainage fee, thus reversing a decision by First District Court of Appeal. 

The state high court ruled the Marin County Flood Control and Water Conservation District maintained the requisite level of voting secrecy in accordance with the 1996 "Right to Vote on Taxes Initiative," which requires voter approval for certain local fees.

Now that the California Air Resources Board has released its draft targets for greenhouse gas emissions reduction under SB 375, it's time to do some math. What follows is nerdy and a little dense, but it's important – and planners need to be able to follow the bouncing ball on 375. 

The bottom line is that the math doesn't yet add up – and that's because what AB 32 calls for and what California's regional planning agencies think is realistic don't line up with each other.

It's a saga straight out of the Rust Belt: auto giant closes its factory, laying off nearly 5,000 auto workers, and leaving behind an aging structure and contaminated site of 370 acres. Businesses throughout the region, which supply parts to the factory, also take a hit. 

To this day, the State of Kentucky forbids the sale of alcohol on election days. This momentary dry spell – which hearkens back to frontier times – is meant to encourage sober voting and discourage bribery via alcohol, turns a legal substance into something illegal for the public good.

On Election Day in California this November, quite the opposite might happen.

Judged by the result, the Supreme Court's June 17 decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection looks like a model of judicial restraint. The court unanimously rejected a claim by landowners on Florida's northern Gulf Coast that they had suffered an unconstitutional taking of property after beach restoration by local governments turned their oceanfront homes into ocean-view lots separated from the water by 75 feet of new sand. 

In upholding the City of Lemoore's development impact fees for a wide range of municipal facilities, an appellate court has rejected a homebuilders association argument that such fees must be based on a specific list of public facilities.

Redevelopment agencies in California are often asked to carry a heavy load: fighting blight, promoting economic development, transforming brownfields, and creating communities. Now add to that list the modest task of combating global climate change � at the very moment when they have fewer funds than they have had in decades.

Senate Bill 375 seeks to reduce California's greenhouse gas emissions through the coordination of land use and transportation planning. But the state's most recent $2 billion raid on redevelopment funds is merely the latest shift of funds away from redevelopment agencies, many of which were already coping with lean budgets.

A couple of weeks ago, Shelley Poticha, the Obama Administration's point person on smart growth, gave a high-profile talk to a big Urban Land Institute crowd in Los Angeles. Her message, plain and simple, was that it's time for what she called "alignment." 

The environmental impact report for a proposed human waste composting facility in San Bernardino County has been rejected by the Fourth District Court of Appeal for failure to examine an alternative facility that would be enclosed rather than open-air, as proposed. In addition, the court ruled the county should have completed a water supply assessment for the project.

To supporters, the wisdom of Senate Bill 375, the 2008 law that promotes emissions reductions through coordination of transportation and land use, lies in its holistic approach to planning and its kitting together of disparate elements of the urban fabric. But, in light of budget crises at all level of government, one piece that is essential to SB 375's success is rapidly coming off the rails: money to run buses and trains 

 By Morris Newman

Dammit, it's not fair! Residents of affordable housing get all the lucky breaks. Just look at all the money they're getting from all directions: local government, the local power company, the feds, the green-building lobby. Case in point: the Casa Dominguez development in East Dominguez Hills, an unincorporated area of south Los Angeles County, even has a child care center and a medical clinic, on site.

The San Francisco 49ers of the National Football League are trying to punt themselves out of creaky Candlestick Park and into a shiny new home in Santa Clara. Whether political winds will carry them roughly 35 miles to the south to the City of Santa Clara or whether they'll be blown back to the line of scrimmage now depends on the voters of Santa Clara. 

Many long, hard-fought battles have been waged for the control of high ground, and the one surrounding Pleasanton's Measure D is no exception. 

Measure D asks whether a 51-home development known as Oak Grove may be built on a parcel of 562 acres in the southeastern hills above the city, a Bay Area bedroom community which sits in a valley in inland Alameda County. Measure D was placed on the ballot by the City Council following a long saga of denials, approvals, lawsuits, new ordinances, and community outcry. A yes vote allows the development to go forward per the agreement with the city council; a no vote forces would-be developers to start from scratch. 

Whether or not the state's "fleet reduction" plan to sell 11 properties for an estimated $2 billion makes the slightest bit of fiscal sense remains to be seen (see CP&DR Blog April 29, 2010). As the state wallows in a $20 billion deficit, the most palpable impacts of the sale may fall someplace other than Sacramento, including Costa Mesa.

Wary of intensive development of the 150-acre site of the Orange County Fairgrounds, residents of the City of Costa Mesa will vote on whether to amend the city's general plan requiring voter approval for any future zoning changes or major developments. The intent of the plan is to ensure that any future, post-sale uses will remain consistent with the site's historical uses.