CP&DR

Air District Rule Not Exempt From CEQA, Court Decides

Nov 23, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, San Bernardino County, Vol. 24 No. 16 Nov 2009 - 2

A state appellate court has struck down a California Environmental Quality Act exemption for an air district rule permitting new power plants to offset emissions by paving roads. The court found that the Mojave Desert Air Quality Management District did not have adequate evidence to support its finding that the rule could not have a negative impact on the environment.

EIR Consultant Not Held Liable For Developer's Losses

Nov 23, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Plumas County, Vol. 24 No. 16 Nov 2009 - 2

A developer is not entitled to reimbursement or damages from a consultant hired by a local government to complete an environmental impact report, the First District Court of Appeal has ruled. Even when the consultant fails to complete an EIR in a timely manner, the consultant owes no contractual duty to the developer that paid for the consultant, the court concluded.

Palos Verdes Estates' Aesthetics Topple Cell Phone Antennas

Nov 9, 2009

CP&DR Staff, Los Angeles County, Telecommunications antennas, Vol. 24 No. 15 Nov 2009 - 1

A city may consider aesthetics in regulating the construction of telecommunications antennas, the Ninth U.S. Circuit Court of Appeals has ruled. The ruling is the latest in a series of court decisions upholding the authority of local government to decide where wireless antennas are located.

CEQA Guidelines Changes Downplay Automobiles

Nov 9, 2009

California, California Environmental Quality Act, CP&DR Staff, In Brief, Vol. 24 No. 15 Nov 2009 - 1

The Natural Resources Agency has altered proposed amendments to the California Environmental Quality Act Guidelines. The changes appear to shift the focus of environmental analysis away from a project's effects on automobile traffic and toward impact on the overall transportation system.

In Brief: Central Valley Economy Continues To Suffer

Nov 9, 2009

Central Valley, CP&DR Staff, In Brief, Vol. 24 No. 15 Nov 2009 - 1

News from around the state: Already a very poor region, the Central Valley's problems have become worse because of the recession; two Sacramento planning department have been put on leave because of a building permit scandal; the California Redevelopment Association has sued the state for taking $2 billion of tax increment; federal agencies agree to speed the review of new electricity transmission corridors.

Election Update: Slow Growthers Win In Davis, Mendocino County

Nov 4, 2009

California, CP&DR Staff, Elections, Initiatives and referendums

Slow-growth advocates won major victories in November 3 local elections when voters rejected a housing project in Davis and a shopping center in Mendocino County, as well as sewer extensions in Modesto.

But slow-growth forces suffered some unexpected losses. In Santa Barbara and Ventura, two cities with a history of voter-controlled development, initiatives that would have imposed strict height limits on new buildings were rejected. In the Bay Area, Walnut Creek voters approved amended parking standards necessary for the construction of a Neiman Marcus store downtown.

Rent-Controlled Landlords Break Through In Ninth Circuit

Oct 22, 2009

CP&DR Staff, Legal Digest, Santa Barbara County, Takings, Vol. 24 No. 14 Oct 2009 - 2

In the first decision of its kind, a divided Ninth U.S. Circuit Court of Appeals panel has declared that the City of Goleta's mobile home rent control ordinance constitutes a regulatory taking.

In Brief: Beaumont Removed From Regional Transportation Program

Oct 22, 2009

CP&DR Staff, Development impact fees, In Brief, Riverside County, Vol. 24 No. 14 Oct 2009 - 2

In this roundup of the news: The Western Riverside Council of Governments has removed the City of Beaumont from a regional transportation program because, the council says in a lawsuit, Beaumont has spent impact fees that were intended for the program; Santa Barbara County has finally adopted a plan for the Santa Ynez Valley; dam removal on the Klamath River comes closer to reality.

Kern County Approves Tejon Ranch Resort

Oct 21, 2009

CP&DR Staff, Featured Articles, Kern County, New cities, Vol. 24 No. 14 Oct 2009 - 2

A major residential and resort development on the Tejon Ranch has won unanimous approval from the Kern County Board of Supervisors. The project, known as Tejon Mountain Village, is proposed to have 3,450 housing units, two golf courses, 750 hotel rooms, a resort and extensive highway commercial development on about 5,000 acres east of Frazier Park.

Medical Marijuana Dispensary Moratorium Upheld

Oct 7, 2009

CP&DR Staff, Legal Digest, Los Angeles County, Vol. 24 No. 13 Oct 2009 - 1, Zoning

The City of Claremont's moratorium on dispensaries of medical marijuana and a Superior Court injunction shuttering a dispensary have been upheld by the Second District Court of Appeal.