CP&DR

Wasco Development Agreement Dispute Returns To Trial Court

May 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 05 May 2003

A developer's lawsuit alleging that the City of Wasco breached a development agreement by withdrawing funding for infrastructure is not subject to the statute of limitations in the Subdivision Map Act, the Fifth District Court of Appeal has ruled. The court ruled that the dispute was over an interpretation of the development agreement, which was not an action arising out of the Subdivision Map Act.

AG Says City Can Regulate Boarding Houses In R-1 Zone

May 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 05 May 2003

A city may prohibit or regulate a boarding house with at least three tenants in a low-density residential zone, according to a state Attorney General's opinion. "[P]reserving the residential character of a neighborhood is a legitimate government purpose that may be reasonably achieved by prohibiting commercial enterprises such as operating a boarding house business," Deputy Attorney General Anthony DaVigo wrote.

9th Circuit Won't Consider Tahoe Takings Claims

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

A takings lawsuit by Lake Tahoe area property owners against the Tahoe Regional Planning Agency (TRPA) has been tossed out by the Ninth U.S. Circuit Court of Appeals because the court had already ruled on the matter.

County Allowed To Include Subdivision, Church In Same EIR

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

Placer County did not violate state law by including two projects in one environmental impact report, the Third District Court of Appeal has ruled. The county did not abuse it discretion by covering a 31-lot subdivision and a large church — which started out as two parts of the same project — in one EIR, the court held.

Cal Supremes To Consider CEQA Attorneys' Fees Case

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

The state Supreme Court will review a case involving the awarding of attorneys' fees in a CEQA lawsuit.

State Water Project "Entitlements" Lawsuit Settled

Apr 1, 2003

CP&DR Staff, In Brief, Vol. 18 No. 04 Apr 2003

The State Department of Water Resources has settled a lawsuit filed by the Planning and Conservation League over the 1995 "Monterey Agreement," which, among other things, spelled out how State Water Project (SWP) water would be allocated during droughts. The settlement calls for the agency to more fully disclose its ability to deliver water.

Court Rejects Water Analysis For 2,500-Unit Project

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

An environmental impact report for a proposed subdivision that would rely heavily on the State Water Project has been invalidated by the Second District Court of Appeal. The EIR for the 2,500-unit West Creek project in Los Angeles County failed to say that deliveries by the State Water Project (SWP) are not reliable, and the study appeared to postpone a final decision on water until the subdivision approval process.

Coastal Commission Project Review Runs Afoul Of Court Order

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

The California Coastal Commission did not have authority to modify a coastal development permit that the San Mateo County Superior Court had ordered the City of Half Moon Bay to approve, the First District Court of Appeal has ruled.

SD Stormwater Regulations Stand

Apr 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 04 Apr 2003

Builders and local governments have lost the first court ruling on the newest generation of municipal stormwater permits.

News From Around California

Mar 1, 2003

CP&DR Staff, In Brief, Vol. 18 No. 03 Mar 2003

The regional housing allocation process should be suspended until it can be reformed, the Legislative Analysts' Office (LAO) has recommended. "The regional housing planning process is not very effective at ensuring the construction of affordable housing or obtaining compliance with state law," the LAO reported.

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