CP&DR

Social Justice Advocates Make Case For Annexation

Nov 9, 2009

Central Valley, Legal Digest, Paul Shigley, Stanislaus County, Vol. 24 No. 15 Nov 2009 - 1

The Ninth U.S. Circuit Court of Appeals has given new life to a lawsuit alleging that the City of Modesto and Stanislaus County discriminated against four predominately Latino communities.

Stadium Bill Approved; Vetoes Kill Other Legislation

Oct 22, 2009

California, Legislation, Paul Shigley, Vol. 24 No. 14 Oct 2009 - 2

State lawmakers have approved a bill that would exempt a proposed football stadium in the City of Industry from having to comply with the California Environmental Quality Act, as well as state planning and zoning law. While Gov. Schwarzenegger has signed the stadium bill, he has vetoed some of the year's most significant land use bills. Among them: two fire-safety planning bills; legislation funding regional and local planning; and a bill giving local government more authority over the conversion of mobile home parks to condominiums.

Decision Time Nears For Local Initiatives

Oct 22, 2009

California, Featured Articles, Initiatives and referendums, Paul Shigley, Vol. 24 No. 14 Oct 2009 - 2

Formation of new cities, building-height limits in Santa Barbara and Ventura, and a developer-written specific plan for a vacant industrial site near Ukiah are among the land use proposals up for a vote in the November 3 municipal elections. At least 21 measures with land use implications are on the ballot in 12 different California jurisdictions.

Air District Fee On New Development Upheld

Oct 21, 2009

Development impact fees, Legal Digest, Paul Shigley, Vol. 24 No. 14 Oct 2009 - 2

An air pollution fee levied on new development in the San Joaquin Valley has been upheld by the Fifth District Court of Appeal. In rejecting all arguments presented by the California Building Industry Association and its allies, the court concluded that the San Joaquin Valley Air Pollution Control District fee is not bound by restrictions in the Mitigation Fee Act and is a properly adopted regulatory fee.

Panel Urges More Work Before Regional GHG Targets Set

Oct 7, 2009

California, Climate change, Featured Articles, Paul Shigley, Vol. 24 No. 13 Oct 2009 - 1

A committee of experts appointed by the California Air Resources Board should come up with a list of best management practices to reduce greenhouse gas emissions produced by new development by January 2010. The practices, combined with estimates of future transportation demand, should provide the basis for the board to establish regional targets for greenhouse gas emissions reductions later in 2010, according to the advisory committee.

First Opinion Published On CEQA Energy Analysis

Oct 5, 2009

California Environmental Quality Act, Legal Digest, Paul Shigley, San Joaquin County, Vol. 24 No. 13 Oct 2009 - 1

A city may determine that a project has no significant effects on energy consumption if it exceeds the California Building Energy Efficiency Standards, the Third District Court of Appeal has ruled. The ruling appears to be the first on an environmental impact report's analysis of how a project might affect energy use, an area of the California Environmental Quality Act receiving increased attention because of concerns about climate change.

Land Use, Water Bills Stall In Legislature

Sep 21, 2009

California, Featured Articles, Legislation, Paul Shigley, Vol. 24 No. 12 Sep 2009 - 2

State lawmakers wrapped up the first year of their two-year session without taking action on numerous bills regarding land use planning, development and natural resources. But some of the legislation could receive consideration before the end of the month because lawmakers are likely to return for special sessions called by Gov. Schwarzenegger.

The Legislature passed bills that would require fire safety to be a larger factor in land use planning, allow farmworker housing to be built on agricultural land and give local government the authority to limit the conversion of mobile home parks to resident-owned condominiums. Schwarzenegger has until October 11 to sign or veto the bills.

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.

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.

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.