CP&DR - Articles

9th Circuit Reinstates Kern County Sludge Ban

Sep 18, 2009

Initiatives and referendums, Kern County, Legal Digest, Paul Shigley, Vol. 24 No. 12 Sep 2009 - 2

A Kern County voter initiative prohibiting the disposal of sewage sludge on fields in the county has new life. The Ninth U.S. Circuit Court of Appeals overturned a federal District Court judge's ruling that the initiative violated the United States constitution's commerce clause.

Quarry Village: Suburban Life Without Cars

Sep 9, 2009

Alameda County, Infill development, Morris Newman, Places, Vol. 24 No. 11 Sep 2009 - 1

Something seems to be missing from the site plan for Quarry Village, a 42-acre proposed housing development in Hayward. Here are orderly rows of streets, a scattering of small parks and a "village center" for neighborhood-scale retail. The 950 housing units are made up entirely of three-story townhouses, arranged in rows of four and six units. What's missing? Garages.

Fire-Safety Planning Legislation Advances

Sep 2, 2009

California, Featured Articles, Legislation, Paul Shigley, Vol. 24 No. 11 Sep 2009 - 1

Two bills that would require greater consideration of fire safety in land use planning appear likely to reach the governor's desk before the Legislature recesses its regular session on September 11. Moreover, a late move to link the fire planning bills to disaster relief legislation could increase the chances that Gov. Schwarzenegger will actually sign the bills.

State Supreme Court Accepts Prevailing Wage Case

Sep 2, 2009

CP&DR Staff, Legal Digest, San Diego County, Vol. 24 No. 11 Sep 2009 - 1

The state Supreme Court will review an appellate court ruling that California's prevailing wage law does not apply to a charter city's public works projects that are funded exclusively with city revenues.

Long Beach Suit Over Planned LAUSD High School Rejected

Sep 2, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 24 No. 11 Sep 2009 - 1

The Los Angeles Unified School District has successfully defended against a City of Long Beach lawsuit that challenged numerous aspects of a new high school's environmental impact report.

SD Mall's Corporate Owners Fail To Avoid Reassessment

Sep 2, 2009

CP&DR Staff, Legal Digest, San Diego County, Vol. 24 No. 11 Sep 2009 - 1

An appellate court has upheld San Diego County's reassessment of the Fashion Valley Shopping Mall in San Diego. The court concluded that Equitable Life Assurance Company's transfer of the mall's title to the operating company of a limited liability corporation, in which Equitable owned a 50% stake, amounted to a 100% transfer of ownership and thus triggered a reassessment for property tax purposes.

In Brief: Bakersfield Development Freeze Warms

Sep 2, 2009

CP&DR Staff, In Brief, Kern County, Vol. 24 No. 11 Sep 2009 - 1

In this roundup of state land use news: A proposed freeze of processing development applications in Bakersfield fails to solidify; Kern County supervisors reject a subdivision becuase of climate change; a judge rejects the EIR for high-speed rail in the Bay Area; landscape architects produce a sustainability guide.

Agencies, Growth Council Jockey To Assume OPR's Responsibilities

Sep 1, 2009

California, Insight, State agencies, Vol. 24 No. 11 Sep 2009 - 1, William Fulton

California government never fails to amuse. Gov. Arnold Schwarzenegger appears poised to eliminate his own Office of Planning and Research (OPR) and nobody – not even the state's planners – is rushing to the beleaguered office's defense. Yet throughout Sacramento, vultures are hovering, because while OPR itself may not be worth saving, the carcass appears to have value.

SD Tax-Processing 'Fee' Declared Illegal

Sep 1, 2009

Legal Digest, Local government finance, Paul Shigley, San Diego County, Vol. 24 No. 11 Sep 2009 - 1

A fee that the City of San Diego levied on businesses and landlords for processing their taxes has been declared illegal by the Fourth District Court of Appeal. The court ruled that the fee amounted to a general purpose tax that should have been submitted to voters for approval.

Local Control Over Mobile Home Park Conversions Limited

Aug 28, 2009

CP&DR Staff, Housing, Legal Digest, Sonoma County, Vol. 24 No. 11 Sep 2009 - 1

Cities and counties have little authority over the conversion of mobile home parks to resident-owned subdivisions, the First District Court of Appeal has ruled.

UCLA Extension: GLOBAL SUSTAINABILITY CERTIFICATE - Environmental Law & Policy

Aug 26, 2009

Farmland Conservation Program Faces Uncertainty

Aug 20, 2009

California, Featured Articles, Paul Shigley, Vol. 24 No. 10 Aug 2009 - 2

Gov. Schwarzenegger's unilateral decision to eliminate payments to counties that offer Williamson Act tax breaks to owners of agricultural land has raised doubts about the future of the state's largest farmland-preservation program. Many representatives of the affected counties have said they would like to remain in the program. But the end of state subventions that help offset lost property tax revenue is causing many counties to re-evaluate their participation.

Court Rules L.A. Inclusionary Housing Mandate Violates State Law

Aug 20, 2009

Housing, Legal Digest, Los Angeles County, Paul Shigley, Vol. 24 No. 10 Aug 2009 - 2

A state appellate court ruling striking down an affordable housing mandate in the City of Los Angeles could have statewide implications. Affordable-housing advocates and municipal attorneys say the decision, if it stands, calls into question inclusionary housing ordinances that require developers to set aside and price a certain percentage of new rental units at below-market rates.

Water Legislation Stirs Old Concerns

Aug 19, 2009

California, Featured Articles, Paul Shigley, Sacramento-San Joaquin River Delta, Vol. 24 No. 10 Aug 2009 - 2

State lawmakers say that water and the Bay Delta should be the Legislature's top priorities until it recesses on September 11. Democratic lawmakers have introduced a five-bill package that they insist provides a framework for moving forward with the co-equal goals of Delta ecosystem restoration and increased water supply reliability. Republican lawmakers, however, said the package leans too heavily toward environmental considerations at the expense of water reliability.