A developers' group is promoting a new piece of legislation that would postpone implementation of SB 743 – the bill that would change traffic analysis to vehicle miles traveled in environmental review – for a year. The bill has apparently revealed a split among developers who say they focus on infill projects.

Sponsored by Assemblymember Cristina Garcia (D-Norwalk), who was elected in November, Assembly Bill 779 would postpone implementation of SB 743 until 2017. A lobbying group called the Infill Builders Federation is sponsoring a bill that, depending on its final form, would postpone the implementation of SB 743. Supporters insist that they embrace VMT but say that the two years are needed to help developers prepare for the switch and to work out what they see as kinks in the law. (The City of Pasadena has already implemented most of the provisions of SB 743.)

As California's drought continues to worsen, the state's 500-plus local governments face a twofold challenge: complying with state-mandated reductions in urban water use while at the same time planning for long-term development. While the state's housing needs are manifest – 220,000 units per year just to keep up with latent demand – the long-term water supplies required to supply new development and redevelopment have become less certain thanks to the drought. 

In the wake of Gov. Jerry Brown's recent executive order, many districts are imposing cutbacks on institutional users, such as park and school districts, and on homeowners collectively. But unlike the 1990s, only a few communities appear to be placing moratoria on new development as result of the drought. But experts predict that further water conservation measures – including more water-efficient new residences – could take the pressure off of development moratoria in the future.

The San Jose Water Company is one of the largest water providers at the high end of the reduction scale. It must cut 30 percent. That district is allocating thirteen 780-gallon units of water per home – as compared to the 2013 average of 19 units – regardless of a home's size. Homeowners will pay penalties for usage above their allocated units. Bakersfield is restricting outdoor water use to three days a week. 

The Fourth District Court of Appeal has upheld the City of Newport Beach's decision to "approve" a development project on Banning Ranch, saying that the city complied with both the California Environmental Quality Act and its own general plan. A trial judge had ruled that the city complied with CEQA but violated its own general plan. 

The project is still pending before the Coastal Commission.

It was the second time in less than three years that the Fourth District upheld Newport Beach's action on the Banning Ranch project. In December 2012, the court ruled that the city's EIR had properly analyzed the impact of the project on adjacent parks. 

In addition to the state Supreme Court dispute on the California Department of Fish and Wildlife's action, three other Newhall Ranch cases continue in litigation, all brought by plaintiffs and attorneys overlapping with the group before the high court. (See http://www.cp-dr.com/node/3461 for more links on these cases.)

The Newhall Ranch environmental review litigation, itself a mighty matter of land use legend, has an important strand of its multiply braided conflicts awaiting an oral argument date before the state Supreme Court. 

The parties' briefing is complete. The court has accepted a deep layer of amicus briefs from state-level land use players. And with the confirmation of Justice Leondra Kruger, the court has finally returned to full membership. So the court has little reason to delay setting an argument date.

In perhaps a more sensible world, the 325,000-acre Lake Tahoe Basin would not be governed by two rival states, a handful of small cities, and embittered factions of environmentalists and resort-casino owners. Nor would it have miles of open highway or 55,000 year-round residents. Rather, it would be treated like the Grand Canyon, the Everglades, or any other of America's major natural wonders. 

Even though the recession has brought construction in the Central Valley nearly to a standstill, one of the world's largest suppliers of building materials appears bullish on the region. Cemex Construction Materials, LP, has proposed an aggregate mine on a 2,036-acre site in Fresno County, inciting protest from both environmentalists and local Native American tribes.

Like any visionary railroad baron, Leland Stanford hung on to some of the land at the end of the line -- in his case, the original Transcontinental Railroad. Stanford might not have imagined, however, that the ultimate fate of much of his land would depend not on the iron horse but instead on frogs, salamanders, and trout.  

In the century since the Governor Stanford first deeded land to the university that bears his name, several of its native species have qualified for protection under the federal Endangered Species Act, thus restricting Stanford University's ability to develop or otherwise use the land to fulfill its academic mission. The Stanford Habitat Conservation Plan is intended to ensure the land's long-term protection even as the university grows. 

Hey you, Mr./Ms. Conventional Apartment Developer! Yes, you. Don't attempt to ignore me by rolling up your construction-loan documents and sticking them in your ears.